HomeMy WebLinkAbout06-2145TRICIA V. FRICK,
Plaintiff
V.
TODD D. FRICK,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 06' a JqS CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
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 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 Courthouse, One Courthouse Square, Carlisle,
Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYERS'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 COUNTYBAR ASSOCIATION
32 SOUTHBEDFORD
CARLISLE, PA 17013
(717) 249-3166 OR (800)990-9108
TRICIA V. FRICK, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO. CIVIL TERM
TODD D. FRICK, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
COMPLAINT
1. Plaintiff is Tricia V. Frick, who currently resides at 45 Ponderosa Road,
Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Todd D. Frick, who currently resides at 350 Bobcat Road,
Newville, Cumberland County, Pennsylvania 17241.
3. The 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 married on November 14, 1992, at Carlisle,
Cumberland County, Pennsylvania.
COUNT I - DIVORCE
5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein
by reference as though set forth in full.
6. There have been no prior actions of divorce or for annulment between the
parties.
7. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(c)
and 3301(d), in that:
a. The marriage is irretrievably broken.
b. Plaintiff and Defendant have lived separate and apart since April 9,
2006, and continue to do so.
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 such counseling.
9. The Plaintiff in this action is not a member of the Armed forces.
WHEREFORE, the Plaintiff requests This Honorable Court to enter a Decree of
Divorce.
COUNT II - EQUITABLE DISTRIBUTION
10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein
by reference as though set forth in full.
11. Plaintiff and Defendant have acquired property, both real and personal, during
their marriage from November 14, 1992, to April 9, 2006, the date of their separation, which
property is "marital property"
12. Plaintiff and Defendant may have owned, prior to marriage, property which
has increased in value during the marriage and/or which has been exchanged for other
property, which has increased in value during the marriage, all of which property is "marital
property".
13. Plaintiff and Defendant have been unable to agree as to an equitable division of
said property prior to the filing of this Complaint.
WHEREFORE, the Plaintiff requests This Honorable Court to equitably divide all
marital property.
COUNT III - ALIMONY, APL, COUNSEL FEES
14. Paragraphs one (1) through thirteen (13) of this Complaint are incorporated
herein by reference as though set forth in full.
15. Plaintiff lacks sufficient property to provide for her reasonable means and is
unable to support herself through appropriate employment.
16. Plaintiff requires reasonable support to maintain herself adequately in
accordance with the standard of living established during the marriage.
WHEREFORE, Plaintiff requests This Honorable Court to enter an award of alimony
pendente lite until final hearing and thereafter to enter an award for alimony.
COUNT IV - CUSTODY
17. Paragraphs one (1) through sixteen (16) of this Complaint are incorporated
herein by reference as though set forth in full.
18. The Plaintiff seeks custody of the following children:
Name Address DOB
Kassidy L. Frick 45 Ponderosa Road 06/28/1996
Carlisle, PA 17013
Madison P. Frick 45 Ponderosa Road 01/19/1999
Carlisle, PA 17013
19. The children were born in wedlock.
20. The children are presently in the primary custody of Tricia V. Frick, 45
Ponderosa Road, Carlisle, Cumberland County, Pennsylvania.
21. During the children's lifetime, they have resided with the following persons
and at the following addresses:
Name Address Date
Tricia and Todd Frick
350 Bobcat Road,
Newville, PA 17241
Birth to April 9, 2006
Tricia Frick; Judy and Ronald 45 Ponderosa Road, April 9, 2006, to Present
Deihl Carlisle, PA 17013
22. The mother of the children is Plaintiff, Tricia V. Frick, who currently resides
at 45 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania.
23. The father of the children is Defendant, Todd D. Frick, who currently resides
at 350 Bobcat Road, Newville, Cumberland County, Pennsylvania.
24. The mother and father of the children are currently married.
25. The relationship of Plaintiff to the children is that of Mother.
26. The relationship of Defendant to the children is that of Father.
27. The Defendant currently resides alone.
28. The Plaintiff has participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the children in this court, namely a
Protection from Abuse Petition filed in the Court of Common Pleas of Cumberland
County docketed at 06-2027 Civil Term.
29. The Plaintiff has information of a custody proceeding concerning the children
pending in a court of this Commonwealth, namely a Protection from Abuse Petition
filed in the Court of Common Pleas of Cumberland County docketed at 06-2027 Civil
Term.
30. The Plaintiff does not know of a person nor 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.
31. The best interest and permanent welfare of the children will be served by
granting the relief requested for reasons including the following:
a. The Mother has been the primary caregiver of the minor children since
their birth. She has:
i.Planned and prepared meals;
ii.Bathed, groomed and dressed the children;
iii.Purchased, cleaned and cared for the children's clothing;
iv.Arranged medical care, including trips to physicians;
v.Arranged alternative daycare;
vi.Put the children to bed nightly, attended the children in the middle of
the night, and awakened the children in the morning.
b. The children have a psychological bond with their Mother.
C. Mother is able to provide a stable environment for the children.
d. It is believed that Father has a severe alcohol problem that could create a
dangerous or harmful situation if the children are left in his care.
e. On or about or between April 9, 2006, and April 10, 2006, Father
boarded up every door in the house, to include the automatic garage door, to
prevent entry or exit from the home, except through one door. Upon closer
investigation, it was discovered that the entryways had been affixed with ply
board or rebar to prevent any possible use of the doors from either the inside
or outside.
f. Mother felt obligated to remove the children from the home for fear of
physical or emotional harm if left to witness Father's erratic behavior.
g. On or about April 6, 2006, Father threatened to commit suicide by
holding a gun to his head, while intoxicated, and while the children were
asleep upstairs in the home.
h. On or about April 9, 2006, Father was involuntarily committed for a
period of less than 24 hours due to his detailed threats to commit suicide and
his erratic behavior.
i. Father has threatened to commit suicide while in the possession of a gun
on more than one occasion.
j. In addition to his threats to commit suicide, Father has detailed how and
where he would carry out his threats, to include threats to kill himself in the
marital home for his family to discover.
k. Father has refused to seek treatment or counseling for his alcohol
problem and suicidal thoughts.
1. Father has stated to Mother "if I can't have you, then I don't want the
girls either."
in. Mother fears that harm could come to the children if they are left in the
care of Father if he would be under the influence of alcohol.
n. It would be in the best interest of the children to not be in the sole care
of Father until he seeks and successfully completes treatment for his alcohol
addiction.
32. Each parent whose parental rights to the child have not been terminated has
been named as parties to this action.
WHEREFORE, the Plaintiff requests that This Honorable Court grant the following
relief:
a. Grant primary physical custody of the children to the Plaintiff/Mother;
b. Grant Plaintiff/Mother sole legal custody of the children;
c. Grant Defendant/Father supervised visitation;
d. Order Defendant/Father to undergo a drug and alcohol evaluation;
e. Grant such other relief as This Court deems appropriate.
Respectfully submitted,
DATE OL? J (
ABOM & KUTVLAKrs, L.L.P.
Kara W. Haggerty
ID No. 86914
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
VERIFICATION
I, TRICIA V. FRICK, verify that the statements made in this Divorce and
Custody Complaint 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 falsification to authorities.
,i
Date 4/-? /0(" TRICIA V. FRICK
TRICIA V. FRICK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO. CIVIL TERM
TODD D. FRICK, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
CERTIFICATE OF SERVICE
AND NOW, this 13`h day of April, 2006, I, Kara W. Haggerty, Esquire, hereby certify
that I did serve a true and correct copy of the foregoing Complaint for Divorce and Custody
on the Defendant by depositing, or causing to be deposited, same in the U.S. mail, postage
prepaid, addressed as follows:
By First-Class Mail:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Kara W. Haggert*1-?
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TRICIA V. FRICK,
Plaintiff
V.
TODD D. FRICK,
Defendant
NO. 06-262T ,4145
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
MOTION FOR RETURN OF WEAPONS. FIREARMS AND FIREARMS LICENSE
Diane G. Radcliff, Esquire, Attorney for Defendant, Todd D. Frick, hereby moves this
Honorable Court to enter an Order authorizing the Sheriff of Cumberland County to
return to the Defendant, Todd D. Frick, the weapons and/or firearms and firearms
license obtained by the Sheriff pursuant to the Temporary Protection from Abuse Order
entered on April 10, 2006 and assigns the following reasons therefor:
1. The Moveant is Todd D. Frick, the Defendant in the above captioned Protection
from Abuse Action.
2. Plaintiff is Tricia V. Frick and is represented by Kara W. Haggerty, Esquire.
3. On April 10, 2006, this Honorable Court entered a Temporary Protection from
Abuse Order in the above captioned action which provided in pertinent part that
"Defendant shall immediately relinquish any firearms license the Defendant may
possess and the following weapons to the Sheriff's Office, or a designated local
law enforcement agency for delivery to the Sheriff's office: a. any and all
weapons." A true and correct copy of the April 10, 2006 Temporary Protection
from Abuse Order is attached hereto, marked Exhibit "A" and made a part
hereof.
4. On or about April 10, 2006 Defendant relinquished to the Sheriff's department his
firearms license and his weapons.
5. On April 18, 2006 following a hearing held in this case, this Honorable Court
entered an Order denying the Petition for a Protection from Abuse Order and
dismissing the Temporary Protection from Abuse Order entered on April 10, 2006.
A true and correct copy of the April 18, 2006 Order of Court is attached hereto,
marked Exhibit "B" and made a part hereof.
6. Since the April 10, 2006 Temporary Protection from Abuse Order pursuant to
which Defendant's weapons and firearms license were relinquished has been
dismissed, Defendant is entitled to a return of said weapons and firearms license.
7. The Sheriff's Office has advised Moveant that the firearms license and weapons
can only be returned upon Court Order.
WHEREFORE, Defendant, Todd D. Frick, respectfully requests this Honorable Court to
enter an Order authorizing the Sheriff's Office to release and return to the Defendant,
Todd D. Frick, the firearms license and weapons relinquished to the Sheriff's Office
pursuant to the April 10, 2006 Temporary Protection from Abuse Order.
Respectfully submitted,
DIANE G. RADCLIFF, ESQU
3448 Tri dle Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Defendant
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on R /
served a true and correct copy of the foregoing Motion upon Plaintiff's Attorney, by
mailing same by first class mail, postage prepaid, addressed as follows:
Kara W. Haggerty, Esquire
36 South Hanover Street
Carlisle, PA 17013
DTARE-G. 1gADCLIFF, ESQU
344&T
344 le Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
EXHIBIT "A"
4/10/06 TEMPORARY PROTECTION FROM ABUSE ORDER
Page 1 of I
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TRIM V. FUCK,
Plsindff
V,
TODD D. FRICK.
Defendant
NC
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO,
CiVMAC1'ION • LAW
PROT 4'IION FROM ABUSE
TICE OF HUMUNG AND ORDER
YdU FIAM BERN SURD IN COURT. If you w ?? tv dafeod appnrt the ckm w
land in ft foldawingpapaya, you must sppcas at the Hraa?g ardoduled herein. If you fall w do Pa.
me rest may paoe.ad a6aiaet you end s P'mil Order rnry be mired agdaw you gamriag the mlief
resluemed in the Petition. In pp,miwlay you my be evicted ham your raidmm and lore colter
huparhat righn. Anyy proterdou artier Venmd by m court may be coftaidacd is say salin*xal
ptaaadinga under IYtle 13 of the Pamryivaaia Shmte0. Child awtody bane of the Ptoem+dTgs
whore! Pdot pmteetian oedca cosy be e00s6l«ed. 23 P&C.6,,,,6107(x). ?}
A H«riog an the maraca b adKdded for the _1.:? dw1 uf?hs.l?-.. M Gwn2006, hoy t
4 Lb ft m' In Coummm no. A sf the Gu»bestand County uuse. One uae
Fyw.x, c4clw , Pawvsyl..ed.
You MUST s" the Gales that is stnrhed until h at mudifted re terstur atad by the court
after eadoe and heaeny Tf dteobaayq Chia Order, the palica map Move Yam. Viclariaa of ehia
rider may mhject yw m s of' udtect asonmal camter?pf wlncb in punuhablc by R fine of up
Tn tl it[Itl.06 sad/err up m aiu maatha is jsil wader 23 Pa.C.B. Ziff. Pwlatim nuy aim mb)'cct
Paul pxoaaaudon and pmeltiu under dte Ponneyhmaia Crir= Code. Uodcr lad sal ]aw,
I & U.F.C. g2A54 thin Order to mkaa=blc attywb = in the Llahsd `.liter. It You travel onside of
the ante sad iatmdantllp violate this Order, you may be kMaa to federal criinin l pmosdioga
under the Vimknco Aut Women Act. 16 U .&C. 12262 In addition, if you M aubjoc[ in a
MAL PAGi'HCIIgamORDPR. yvu may be prohibited feom Nmndn& u=pordda, at
acvepiing a beam mad" the 19M Amondmw o m the federal Gmt Coated Acy 9S U.&C. $722(4)
and W.
YOU SHOULD TARE TH16 PAPER TO YOUR LAWYER AT ONCE. YOU
HAVE THE RIGHT TO HAVE A LAVY3R 113PRHSE NT YOU AT TFIS MAKING.
THE COURT WILL NOT, HOWSVRR, APPOINT A LAWYER FOR YOU. IP YOU DO
NOT HAVB A LAWYER OR CANMT AFFORD ONE, GO TO OR TELEPHONE
THE OMU NaT FORTH HRWW TO FIND OUT WHERE YOU CAN GET LEGAL
HW,F, IF YOU CANNOT FIND A LAWYURs YOU MAY HAVE TO PROCEHO
WITHOUT ONE,
C.WI3FJU_4ND COUNI72AR ASSMATMN
It SOUTHBSDFORD
CARUSLRPA 12013
(7Q) 249-1 r66 0R (617f4)M-JP4Pd
+A11 ps:tiu aty? sneer[ 15tnirmtea ptunto baring ovtdde of the muramm
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Page 1 of 1
TRIC3.A V. PRICK, IN 7HE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY. PA
v. NO.
TODD 0.FRICK, CIVIL AC1TON-LAW
Defendant PROTHL,'TfON FROM ABLAR
TM4PORAPY PSdT%C I[ON FROM R iSA i R ORD13R
Defendant's fume is TODD D. FRXCK
Defendant's dart of bath in 1.111611468
Ocfp daneB Andw semrity numbs is Unknown
Name(s) of all projected pe teona,including Piamdff and mtnnr child(ren):
1. Tricis Frick
2. LLsefdy Prick
3. Madison Prick
,ANDN0W,, thin L$-1day of 941 y 2006, upon Cc+nwaAdon of the
a mchei Petition for protection farm Abuse, the court hereby cn=a the following
order
t) Defmdant shaft root abuse, harass, stalk Or thrAuca any of the above Paaons in any
place wham they might be found.
21 3xcept for such comet woth the mirror child(ren) sa may be permitted undo
Pu mph 5 of thin Otdcr, Defendant is probibiarl from bavtng ANY
CONTACT with I?WntifE Of any other paaoa protected under this Oalcy at arty
lnratioa, including but not limited to any contact at Plaintiffs' schaof, business, or
plats of cmptoymcnt. Defendant is speci$crlly ordered to stay away from the
following locations for the duration of this Order
3) Except for such onact with the minor cbrkl(ren) as may be prsmitxd under
Paragraph 5 of this Older, Defendant shall not contact Plaintiff, or any other
penwn ptntcctod under this Order, by te4honc or by any other mcam, including
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Page 1 of 1
through third peaons. DckndaritmV conact'llodd Deihl to coramixicRv- with
the Plaintiff regarding custody of the minor cHd=.
4) pending the outurneof the final ]rcxrhrg in this menu, MAintifFfs awarded
trsnpotary, ion= y of the minor rhlldicn: Raseddy Fdck (DOB, 06/28/1996)
and Madison Prick (DOB; 01/18/1999)
Until the anal Herring, all contact between Defendant and the child(ren) shall be
limited to the followrrtr,
k d aY hyll(',ie pw=d syyereised 's}ation with the tnor it ren far two C11
hm+? 61otLa ref Brno Th '.its hall h .sun ^?ieed 6n Truld Deihl Th llrfrnAanr
sh 11 nn ?t'radd rJ ihf m rra?- L d9Svx e!±d/? a,PO f aLh visa.
The local ]sw enforcement agency in the jutiediction where the children Are ]ocatcd
aball cnsute that the c6&dren are placed in the cart and control of the Plaintiff in
accordance with the terms of We Orden
5) Defendant shall immediately rdinquteh any f r arms limnoc the Defendsutmay
posaeas, and the following weapons in the Sheriffs Off= oc a des puled local
law enforcemmc agcusy Got delivery to the 9hciff s Office.
a. Any and ON weapons
Defendant i4 prohibited from paaacwslna, trsaxfemng or acquid ixg any nther
fstearnn Skeenx or wrapoma for the duration of this order.
Tbc ShetiEf of tlvs County and/or its devgnee in Iunby authorized to breach any
tgntzin= in which aweapon may be found, including but tintlirnired to any safe
or cetbinee.
6) A occt&cd copy ofthis Order shall be provided to the police depLtnnent where
Plaintiff scsidee and any other agency epedfaed hereafter:
a. Penuylvanfs State Polcc Department - Culielet PA
b. Carliale Borough Police Deperunent
7) The poke or other law enforcement agencies are dioectcd to serve the Defendant
with a raspy of the Pe[ition, any Otdet imued, and thv Order for Hearing.'ne.
http://records.ccpa.net/weblink
Page 1 of I
Petitioner will info= the designed authority of any eddresam other than the
Defexrdant's M-idencc, whets Defendant can be aetved.
8) Thia order aupetaadea any peiot order telatsng to child err. tody-
9} THIS ORDER MIMES IMMEDIATB,I.YTO DEFENDANT AND
$HALL REMAIN IN BFFECT UNTILMODIMM OR THP-MINATED
BY THIS COURT AFTER NOTICP- AND HRARING.
mified that violation
to six
eau only be ehangod or
fo mats elWgea and penaltim undo the Fennsylvania CoMcs Gods and to trrlesal
Chxeges and penalties under 64 ViAenceAgernat Women Act, 18 U.S.C V.26b226z
NUTICE TO LAW ENFORCEMENT OPFI .TAT.g
This Order chaff be enforced by the police who have jutiedictioa over the Pkintiff B
EMitnce OR any ]oration where a cnalation of this order occurs OR where the
deEendanttnayy belucated. If Ds&mdant Aokem Patagrgphs 1 t, 6 of this
Order Defendant may be xsteared on the charge of Indirect Crtmfrt Contempt An
arrestlnr violation of his Order may be made without warxvnt, based solely on
probable cause, whether or not tlteviDktioo is wmmitted in the preuaee of Ixw
enforcement.
Subsequent to an atr at, the law enforrenr-ni officer shall seise an weapnnt tiered or
tl tined to be used during theviolatton of this Order OR during pnot incidents of
abuse. Weapons mint dorthwhh be delivered to the Sheriffs Office of the cnbnty
we iich rued this Order, which office sbol ataintaln possession of the weapons until
further Order of this court, urtleaa the wespon(s) are e a rime, to which
VOC, ?cehey shall Tema n to th the law enforcer ant agency uAnor a the
Date a to 1 04°
Distribution w: ,G.,A,i, ,Judge
Prothonotary for service on Pennsyly is Staoe Polia 'I TL OG f -2%0?j 1
Cumbctlind Crwmry Sheriffs Office
Serve Defendant - Sheriff
Pennsylvania Stine Palice, cadiale, PA (Pis dff" s Rcaidence) -
C:arlislc Borogo PDLM Depiranmt
efm c Ago, y :?o oc
C,j,f m.s Pd {'o ?sP "7
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EXHIBIT "B"
4/18/06 ORDER OF COURT
TRICIA V. FRICK, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
TODD D. FRICK,
DEFENDANT 06-2027 CIVIL TERM
ORDER OF COURT
AND NOW, this 18th day of April, 2006, following a hearing, and being satisfied
that plaintiff has not proven by a preponderance of the evidence that defendant
committed any act of abuse as that term is defined by the Protection from Abuse Act, 23
Pa.C.S. Section 6101 et seq., the petition for the entry of a protection from abuse order.
IS DENIED.' The temporary protection from abuse order entered on April 10, 2006, IS
DISMISSED.
By the 'Court
Edgar B. Bdyley, J.
Kara Haggerty, Esquire
For Plaintiff
Diane G. Radcliff, Esquire
For Defendant
:sal
' While we believe (1) plaintiff's testimony that defendant has threatened to
commit suicide in her presence, one of the times while pointing a handgun to his
head, and while talking with her on a telephone, and (2) that he has told others
that he will commit suicide, that evidence, (a) considered in the totality of the
circumstances under which his threats to do harm to himself were made, and (b)
that defendant, by plaintiffs testimony, has never otherwise abused her or the
children or threatened her or their children with abuse, did not place plaintiff in
reasonable fear of imminent serious bodily injury to herself or their two children.
C. ?? n
-i
TRICIA V. FRICK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
. a. ?s
V. NO. j( -44*? CIVIL TERM
TODD D. FRICK, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
ACCEPTANCE OF SERVICE
AND NOW, this I J?day of April, 2006, I, Diane G. Radcliff, Esq., hereby certify that
I did receive and accept service of the Complaint in Divorce and Custody in the above captioned
matter on behalf of the Defendant, Todd D. Frick, and I further certify that I am authorized to do
So.
9 O (p
Date
?Ra c off, Esquire
?
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(
'
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_'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Al 4S
TRICIA V. FRICK, NO. 06-202-7-
Plaintiff
CIVIL ACTION - LAW
V.
TODD D. FRICK,
PROTECTION FROM ABUSE
Defendant
To the Prothonotary:
PRAECIPE TO ENTER APPEARANCE
Please enter the appearance of Diane G. Radcliff, Esquire on behalf of the Defendant,
Todd D. Frick.
Papers may be served at the address set forth below:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Date: April 17, 2006
41ANE G. DCLIFF, ESQUIRE
2
e Court ID# 32112
3448 Trindle Road
Camp Hill, PA 17011
Phone: (717) 737-0100
r.
y
-;_
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TRICIA V. FRICK,
Plaintiff
v.
TODD D. FRICK,
Defendant
a/4s
NO. 06-2745-CIVIL TERM
CIVIL ACTION - LAW
DIVORCE AND CUSTODY
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter the appearance of Diane G. Radcliff, Esquire on behalf of the Defendant,
Todd D. Frick.
Papers may be served at the address set forth below:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Date: April 17, 2006
{ DVU4E-G DCLIFF, ESQ
Supr ourt ID# 32112
3448 Trindle Road
Camp Hill, PA 17011
Phone: (717) 737-0100
?
;
-.
::,
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TRICIA V. FRICK, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
TODD D. FRICK, : a 45
DEFENDANT : 06-28-2-7 CIVIL TERM
ORDER OF COURT
AND NOW, this 18th day of April, 2006, following a hearing, and being satisfied
that plaintiff has not proven by a preponderance of the evidence that defendant
committed any act of abuse as that term is defined by the Protection from Abuse Act, 23
Pa.C.S. Section 6101 et seq., the petition for the entry of a protection from abuse order,
IS DENIED.' The temporary protection from abuse order entered on April 10, 2006, IS
DISMISSED.
i
LA(ara Haggerty, Esquire
For Plaintiff ,
t/,6iane G. Radcliff, Esquire
For Defendant
:sal
By the Court,
Edgar B. B yley, J
A16
' While we believe (1) plaintiff's testimony that defendant has threatened to
commit suicide in her presence, one of the times while pointing a handgun to his
head, and while talking with her on a telephone, and (2) that he has told others
that he will commit suicide, that evidence, (a) considered in the totality of the
circumstances under which his threats to do harm to himself were made, and (b)
that defendant, by plaintiff's testimony, has never otherwise abused her or the
children or threatened her or their children with abuse, did not place plaintiff in
reasonable fear of imminent serious bodily injury to herself or their two children.
t::?
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[TRANSMISSION VERIFICATION REPORT
TIME : 04/18/2006 13:39
NAME : PROTHONOTARY C LONG
FAX : 7172406573
TEL
SEP.# BROH3.J606381
DATE,TIME
FAX NO. MAME
DURATION
PAGE (S)
RESULT
MODE
04!18 13:39
9 24907799 2456792
00:00:20
02
OK
STANDARD
ECM
OFFICE OF THE PROTHONOTARY
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
(717) 240-6195
To: PSP, Central Processing
Fax4
From. Cumberland County Prothonotary
RE:
Message:
2 No of pages (including cover sheet)
This message is intended for the use of the individual or entity to which it is
TRICIA V. FRICK IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 06-2145 CIVIL ACTION LAW
TODD D. FRICK
IN CUSTODY
DF,FENDANT
ORDER OF COURT
AND NOW, Wednesday, April 19, 2006 _, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 18, 2006 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: _ /s/ fa_c ueline M. Verney, Esq
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (7 1 7) 249-3166
f'
,/?? 0
62
APR 2 0 2006 ?I
L?3Y;:__. -_ A _ I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TRICIA V. FRICK,
Plaintiff
V.
TODD D. FRICK,
Defendant
NO. 06=-2427 <? 145
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this V day of VJDVA ?, 2006, the April 10, 2006 Temporary
Protection from Abuse Order having been dismissed, upon motion of Diane G. Radcliff,
Esquire, Attorney for Defendant, Todd, D. Frick, IT IS HEREBY ORDERED that the Sheriff's
Office is authorized to release and return to the Defendant, Todd D. Frick, the weapons
and firearms license the Defendant, Todd D. Frick, relinquished to the Sheriff's Office
pursuant to the April 10, 2006 Temporary Protection from Abuse Order.
BY THE CURT:
Edgar B. Bayley, Judge
Distribution to:
lorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011
ttorney for Plaintiff: Kara W. Haggerty, Esquire, 36 South Hanover Street, Carlisle, PA 17013
???Sheriff's Office: Sheriff of Cumberland County, Cumberland County Courthouse, Carlisle, PA
C??
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TRICIA V. FRICK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO. 06-2145 CIVIL TERM
TODD D. FRICK, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
CUSTODY STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into the day and year
hereinafter set forth, by and between TRICIA V. FRICK, (hereinafter referred to as
"Mother' and TODD D. FRICK, (hereinafter referred to as "Father").
WHEREAS, the parties are the natural parents of two (2) children, namely
KA.SSIDY L.FRICK, born June 28, 1996, and MADISON P. FRICI, born January 19,
1999, (hereinafter referred to as "Children'; and
WHEREAS, the parties live separate and apart, and wish to enter into a
comprehensive stipulation and agreement relative to physical and legal custody of their
Children.
NOW THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth, the parties stipulate and agree as follows:
1. Mother and Father shall have shared legal custody of the Children.
2. Mother shall have primary physical custody of the Children.
3. Father shall exercise partial physical custody of the Children as follows:
a. Every other weekend from Friday through Sunday, beginning on Friday,
May 12, 2006. The times of the exchanges shall be as agreed upon by
the parties.
b. Two (2) evenings every week, with the days and times to be agreed upon
by the parties.
c. At all other times as the parties may agree.
4. The parties will share all major holidays. The days and times of exchanges
for holidays shall be as agreed upon by the parties.
5. Transportation for the custody exchanges shall be shared such that the
receiving party shall transport the Children.
6. Father shall pay the sum of Five Hundred Fifty ($550.00) Dollars per
month to Mother as child support, with payment to be made on the 1st of
?? 5 o-vw??v b\? l?,mc?1?-ic.bCs?? -rod
every month.
l or• 0.. 6?bS .r` ?o.9 C?.4.f?? r, C3,rc-urY,%Aa QR-s . 1v Y
6. Neither parent shall do anything which may estrange the Children from the
other party, injure the opinion of the Children as to the other party, or
which may hamper the free and natural development of the Children's love
and affection for the other party.
7. Any modification or waiver of any of the provisions of this Agreement on a
permanent basis shall be effective only if made in writing, and only if
executed with the same formality as this Stipulation and Agreement.
It .
8. The parties desire that this Stipulation and Agreement be made an Order of
Court of the Court of Common Pleas of Cumberland County, and further
acknowledge that the Court of Common Pleas of Cumberland County does,
in fact, have jurisdiction over the issue of custody of the parties' minor
Children, who has resided for at least the past six (6) months in Cumberland
County, Pennsylvania.
9. The parties stipulate that in making this Agreement, there has been no
fraud, concealment, overreaching, coercion, or other unfair dealing on the
part of the other party.
10. The parties acknowledge that they have read and understand the provisions
of this Agreement. Each party acknowledges that the Agreement is fair and
equitable and that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by
the terms hereof, set forth their hands and seals the day and year hereinafter mentioned.
WITNESSETH:
at TRICIA V. F "C
5 J17 [6(n
1hate T DD D. FRI K
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CO
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MAY 4 P IUUb
TRICIA V. FRICK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO. 06-2145 CIVIL TERM
TODD D. FRICK, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
ORDER OF COURT
AND NOW, this 2 ita-
y -A
of , 2006, upon consideration
of the attached Custody Stipulation and Agreement, it is hereby ORDERED and
DIRECTED that the Custody Stipulation and Agreement is made an Order of Court.
BY THE COUM
Edgar B. Bayley, P j.
?4ra W. Haggerty, Esquire
v/61ane G. Radcliff, Esquire
i
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0 :6 WV ZZ A Vw 9002
A+f v ]Hi JO
Prepared By:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: 717-737-0100
Fax: 717-975-0697
Email: dianeradcliff @comcast.net
Attorney for Todd D. Frick
TRICIA V. FRICK
Plaintiff
V.
TODD D. FRICK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-2145 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
PETITION FOR MODIFICATION OF
CUSTODY ORDER
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
Todd D. Frick, the Petitioner, hereby petitions this Honorable Court for the modification of
the May 22, 2006 Custody Order and respectfully represents that:
1. Your Petitioner is Todd D. Frick residing at 350 Bobcat Road, Newville, PA 17241.
2. Your Respondent is Tricia V. Frick residing at 45 Ponderosa Road, Carlisle, PA 17013.
3. On May 22, 2006 an Order of Court was entered pertaining to custody of the Children,
Kassidy L. Frick, age 9, and Madison P. Frick, age 7. A true and correct copy of said
Order is attached hereto, marked Exhibit "A" and made a part hereof.
4. The Order of Court dated May 22, 2006, should be modified because:
a. Petitioner entered in the agreement for the 5/22/06 Custody Order on the basis
that he thought the parties were going to be able to reconcile and he could
resume being a full time parent. Petitioner has now learned from Respondent
that she wants to be divorced and does not want to reconcile.
- 2 -
b. Petitioner believes that the children's best interest would be served by spending
an equal amount of time with him.
5. The Petitioner requests that the Order of Court dated May 22, 2006 be modified to
grant the parties joint legal and joint physical custody of the Children.
WHEREFORE, the Petitioner respectfully requests this Honorable Court to modify the May 22,
2006, Order of Court in accordance with the requests of the Petitioner.
Respectfully submitted,
I
G. RAD IFF, ESQUIRE
3448 Trindle ad
A 1 7011
Phone: (717) 737-0100
Fax: (717) 975-0695
Supreme Court ID # 32112
Attorney for Petitioner
- 3 -
VERIFICATION
I verify that the statements made in the foregoing Petition for Modification
of Custody Order 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.
4-
TOE6 D. FRICK
Date: Y- 30 -- r)
EXHIBIT "A"
MAY 22, 2006 CUSTODY ORDER
- 5 -
MAY 1 q 2006 IIj
TRICIA V. FRICK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO. 06-2145 CIVIL TERM
TODD D. FRICK, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
ORDER OF COURT
AND NOW, this ? day of , 2006, upon consideration
of the attached Custody Stipulation and Agree nt, it is hereby ORDERED and.
DIRECTED that the Custody Stipulation and Agreement is made an Order of Court.
BY THE COURT:
Kara W. Haggerty, Esquire
Diane G. Radcliff, Esquire
TRUE COPY FROM RECORD
In Tq imony wh:-reof, 1 ere unto set my
and seal of s t arli3f? ?
.. ... v A I/
t
TRICIA V. FRICK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO. 06-2145 CIVIL TERM
TODD D. FRICK, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
CUSTODY STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into the day and year
hereinafter set forth, by and between TRICIA V. FRICK, (hereinafter referred to as
"Mother") and TODD D. FRICK, (hereinafter referred to as "Father'D
WHEREAS, the parties are the natural parents of two (2) children, namely
KASSIDY LFRICK, born June 28, 1996, and MADISON P. FRICK? born January 19,
1999, (hereinafter referred to as "Children'; and
WHEREAS, the parties live separate and apart, and wish to enter into a
comprehensive stipulation and agreement relative to physical and legal custody of their
Children.
NOW THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth, the parties stipulate and agree as follows:
1. Mother and Father shall have shared legal custody of the Children.
2. Mother shall have primary physical custody of the Children.
3. Father shall exercise partial physical custody of the Children as follows:
a. Every other weekend from Friday through Sunday, beginning on Friday,
May 12, 2006. The times of the exchanges shall be as agreed upon by
the parties.
b. Two (2) evenings every week, with the days and times to be agreed upon
by the parties.
c. At all other times as the parties may agree.
4. The parties will share all major holidays. The days and times of exchanges
for holidays shall be as agreed upon by the parties.
5. Transportation for the custody exchanges shall be shared such that the
receiving party shall transport the Children.
6. Father shall pay the sum of Five Hundred Fifty ($550.00) Dollars per
month to Mother as child support, with payment to be made on the 1" of
every month. -Ty?\t, ?oO ??-a•\l bQ.Y?nc?1 tc?b(? ?e? 'Tti?
0.r 6vb ten` ?Q C .i?? n C-1irLUrv'? tZ?S
6. Neither parent shall do anything which may estrange the Children from the
other party, injure the opinion of the Children as to the other party, or
which may hamper the free and natural development of the Children's love
and affection for the other party.
7. Any modification or waiver of any of the provisions of this Agreement on a
permanent basis shall be effective only if made in writing, and only if
executed with the same formality as this Stipulation and Agreement.
8. The parties desire that this Stipulation and Agreement be made an Order of
Court of the Court of Common Pleas of Cumberland County, and further
acknowledge that the Court of Common Pleas of Cumberland County does,
in fact, have jurisdiction over the issue of custody of the parties' minor
Children, who has resided for at least the past six (6) months in Cumberland
County, Pennsylvania.
9. The parties stipulate that in making this Agreement, there has been no
fraud, concealment, overreaching, coercion, or other unfair dealing on the
part of the other party.
10. The parties acknowledge that they have read and understand the provisions
of this Agreement. Each party acknowledges that the Agreement is fair and
equitable and that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by
the terms hereof, set forth their hands and seals the day and year hereinafter mentioned.
WITNESSETH:
,,Date TRICIA V. FDIC
117 [6(a _
Jate TODD D. FRI K
TRICIA V. FRICK IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
TODD D. FRICK
DEFENDANT
06-2145 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, July 18, 2006 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 22, 2006 at 8:3 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Jacqueline M. Verne Es q. I/
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangeme is
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
61 •c
? !t 1,
,1 C#
SEP Y
TRICIA V. FRICK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-2145 CIVIL ACTION - LAW
TODD D. FRICK,
Defendant/Petitioner IN CUSTODY
ORDER OF COURT
AND NOW, this day of I` , 2006, upon
consideration of the attached Cus ody Conciliation Rep , it is ordered and directed as
follows:
1. The prior Order of Court dated May 22, 2006 is hereby vacated.
2. The Father, Todd D. Frick and the Mother, Tricia V. Frick, shall have
shared legal custody of Kassidy L. Frick, born June 28, 1996 and Madison P. Frick, born
January 19, 1999. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the Children's general
well-being including, but not limited to, all decisions regarding their health, education
and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to
all records and information pertaining to the children including, but not limited to
medical, dental, religious or school records, the residence address of the children and the
other parent. To the extent one parent has possession of any such records or information,
that parent shall be required to share the same, or copies thereof, with the other parent
within such reasonable time as to make the records and information of reasonable use to
the other parent. Both parents shall be entitled to full participation in all educational and
medical/treatment planning meetings and evaluations with regard to the minor children.
Each parent shall be entitled to full and complete information from any physician, dentist,
teacher or authority and copies of any reports given to them as parents including, but not
limited to: medical records, birth certificates, school or educational attendance records or
report cards. Additionally, each parent shall be entitled to receive copies of any notices
which come from school with regard to school pictures, extracurricular activities,
children's parties, musical presentations, back-to-school nights, and the like.
3. The parents shall have shared physical custody on the following schedule:
A. Every other weekend from Friday after school or at 5:00 p.m. through
Sunday at 5:00 p.m.
B. Two (2) or three (3) evenings every week as follows:
i. In the week prior to Father's weekend, Monday after work
through Thursday morning at school or the end of Mother's
work day, if no school;
2-
zoos
ii. In the week prior to Mother's weekend, Wednesday after
school through Friday morning at school or the end of
Mother's work day if no school.
C. At all other times as the parties may agree.
The physical custody schedule is illustrated as follows:
Wk Monday Tuesday Wednesday Thursday Friday Saturday Sunday
1 Custody Custody Father all Custody Custody Father Custody
transfers transfer day transfers transfers all day transfers
to Father to Father to to Father to
at end of at end of Mother at end of Mother
word work at end of work at 9:00
work a.m.
2 Mother Mother Custody Father Custody Mother Mother
all day all day transfers to all day transfers all day all day
Father at to
end of Mother
work at end of
work
4. The parties shall share major holidays as follows:
A. Christmas shall be divided into two (2) blocks. Block A shall be from
December 24th at Noon through December 25 at Noon. Block B shall
be from December 25th at Noon through December 26th at Noon. In
2006 and all even years thereafter, Mother shall have Block A and
Father shall have Block B. In 2007 and all odd years thereafter, Father
shall have Block A and Mother shall have Block B.
B. Easter Day and Thanksgiving Day shall be shared by the parties, with
the day being divided from 9:00 a.m.-2:30 p.m. and 2:30 p.m.-8:00
p.m. In 2006 and all even years thereafter, Mother shall have the early
time period. In 2007 and all odd years thereafter, Father shall have the
early time period.
C. The parties shall alternate the following major holidays: New Year's
Day, Memorial Day, Fourth of July, Labor Day, and Halloween
(which shall be the night scheduled for trick-or-treat). Father shall
have custody for Labor Day 2006, and the holidays shall alternate
from that point forward. These holidays shall run from 9:00 a.m.
through 5:00 p.m.
D. Mother shall always have custody of the children on Mother's Day
from 9:00 a.m. through 5:00 p.m. Father shall always have custody of
the children on Father's Day from 9:00 a.m. through 5:00 p.m.
5. Transportation for the custody exchanges shall be shared such that the
receiving party shall transport the children.
6. Each party shall be entitled to one (1) uninterrupted week (seven days) of
vacation with the children during summer break from school. The parties shall schedule
said periods of vacation during their custodial period and shall give the other party thirty
(30) days notice of their intended vacation period. The party exercising their week of
vacation time shall provide the other party with their itinerary, including, but not limited
to, dates, times, specific address or location, a landline telephone number, and any other
contact information.
7. If either party is unavailable for a period of three (3) hours or more during
their custodial time, the custodial parent shall first offer that period of time to the other
parent.
8. Neither parent shall do anything which may estrange the children from the
other party, injure the opinion of the children as to the other party, or which may hamper
the free and natural development of the children's love and affection for the other party.
9. Any modification or waiver of any of the provisions of this Order on a
permanent basis shall be effective only if made in writing, and only if executed with the
same formality as a Stipulation and Agreement.
10. The parties acknowledge that the Court of Common Pleas of Cumberland
County does, in fact, have jurisdiction over the issue of custody of the parties' minor
children, who have resided for at least the past six (6) months in Cumberland County.
11. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE
Edgar B. Bayley, P. J.
cane G. Radcliff, Esquire, Counsel for Father
Xara W. Haggerty, Esquire, Counsel for Mother
c
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v. ?-?
TRICIA V. FRICK,
Plaintiff/Respondent
V.
TODD D. FRICK,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006-2145 CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, P.J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kassidy L. Frick June 28, 1996 Mother
Madison P. Frick January 19, 1999 Mother
2. A Conciliation Conference was held in this matter on September 11,
2006, with the following in attendance: The Father, Todd D. Frick, with his counsel,
Diane G. Radcliff, Esquire, and the Mother, Tricia V. Frick, with her counsel, Kara W.
Haggerty, Esquire.
3. A prior Order of Court was entered by the Honorable Edgar B. Bayley
dated May 22, 2006 providing for shared legal custody, Mother having primary physical
custody and Father having alternating weekends and two evenings per week.
4. The parties agreed to an Order in the form as attached.
9-// --01 - (?- A
Date acq ine M. Verney, Esquire
Custody Conciliator
ABOM CS2'
KuTULucis
Kara W Haggerty, Esquire
Attorney LD. No.: 86914
36 Sonth Hanover Street
Carlisle, Pennsylvania 17013
(717) 249-0900
TRICIA V. FRICK,
Plaintiff
V.
TODD D. FRICK,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 06-2145 CIVIL TERM
CIVIL ACTION - LAW.
IN DIVORCE AND CUSTODY
TO THE HONORABLE EDGAR E. BAYLEY, JUDGE OF SAID COURT:
PETITION TO MODIFY CUSTODY
AND NOW, the Plaintiff, Tricia V. Frick, by and through her attorney, Kara
W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., avers the following.
1. The petition of Tricia. V. Frick, Plaintiff, respectfully represents that on
September 14, 2006, an Order of Court was entered granting shared legal
and physical custody to both Father and Mother. (Copy attached as Exhibit
?•
2. This Order should be modified because:
a. The present Order of Court provides substantial custodial time mid-
week for the parties.
b. At this time, the children are involved in extra-curricular activities
requiring transportation to and from these activities.
c. It is believed and therefore averred that Father has been consuming
alcohol in excess while exercising custody of the children.
d. It is believed and therefore averred that Father has been transporting
the children to their activities while under the influence of alcohol.
e. It is believed and therefore averred that Father's behavior
deteriorates and he becomes more belligerent at the children's
activities when he has been consuming alcohol.
f. Mother has been approached by officials conducting the children's
activities regarding Father's negative behavior and the fact that Father
was under the influence of alcohol.
g. It is believed and therefore averred that Father is placing the children
in harm by transporting them while under the influence of alcohol.
h. It is believed and therefore averred that it is in the best interest of the
children for them to not be in the custody of Father when he is
consuming alcohol.
i. It is believed and therefore averred that it is in the best interest of the
children to be in the primary custody of Mother with Father being
granted alternating weekends with the children.
WHEREFORE, the Plaintiff requests that, in the best interest of the parties'
minor children, this Honorable Court modify the existing Order of Court and grant
Mother primary physical custody and Father partial physical custody on an alternating
weekend basis.
Respectfully submitted,
ABOM & KUTULA"S, L.L.P.
i
f
DAB blob-
Kara W. Haggerty, e
Supreme Court ID =86914
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
VERIFICATION
PURSUANT TO Pa.R.C.P. 1024(c)
Kara W. Haggerty, Esquire, states that she is the attorney for the party filing the foregoing
document; that she makes this affidavit as an attorney, because the party she represents lacks sufficient
knowledge or information upon which to make a verification and/or because she has greater personal
knowledge of the information and belief than that of the party for whom she makes this affidavit;
and/or because the party for whom she makes this affidavit is outside the jurisdiction of the court, and
verification of none of them can be obtained within the time allowed for the filing of the document;
and that she has sufficient knowledge or information and belief, based upon her investigation of the
matters averred or denied in the foregoing document; and that this statement is made subject to the
penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities.
Date: 05 09 ob
SEP 1 12006?j
TRICIA V. FRICK,
Plaintiff/Respondent
V.
TODD D. FRICK,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006-2145 CIVIL ACTION - LA
: IN CUSTODY
AND NOW, this day of ?TY\?i6JQ , 2006, upon
consideration of the attached Custody Conciiiaticki Report, it is ord red and directed as
follows:
The prior Order of Court dated May 22, 2006 is hereby vacated.
2. The Father, Todd D. Frick and the Mother, Tricia V. Frick, shall have
shared legal custody of Kassidy L. Frick, born June 28, 1996 and Madison P. Frick, born
January 19, 1999. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the Children's general
well-being including, but not limited to, all decisions regarding their health, education
and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to
all records and information pertaining to the children including, but not limited to
medical, dental, religious or school records, the residence address of the children and the
other parent. To the extent one parent has possession of any such records or information,
that parent shall be required to share the same, or copies thereof, with the other parent
within such reasonable time as to make the records and information of reasonable use to
the other parent. Both parents shall be entitled to frill participation in all educational and
medical/treatment planning meetings and evaluations with regard to the minor children.
Each parent shall be entitled to full and complete information from any physician, dentist,
teacher or authority and copies of any reports given to them as parents including, but not
limited to: medical records, birth certificates, school or educational attendance records or
report cards. Additionally, each parent shall be entitled to receive copies of any notices
which come from school with regard to school pictures, extracurricular activities,
children's parties, musical presentations, back-to-school nights, and the like.
The parents shall have shared physical custody on the following schedule:
A. Every other weekend from Friday after school or at 5:00 p.m. through
Sunday at 5:00 p.m.
B. Two (2) or three (3) evenings every week as follows:
i. In the week prior to Father's weekend, Monday after work
through Thursday morning at school or the end of Mother's
work day, if no school;
EXHIBIT
A
ORDER OF COURT
ii. In the week prior to Mother's weekend, Wednesday after
school through Friday morning at school or the end of
Mother's work day if no school.
C. At all other times as the parties may agree.
The physical custody schedule is illustrated as follows:
Wk Monday Tuesday Wednesday Thursday Friday Saturday Sunday
1 Custody Custody Father all Custody Custody Father Custody
transfers transfer day transfers transfers all day transfers
to Father to Father to to Father to
at end of at end of Mother at end of Mother
word work at end of work at 9:00
work a. m.
2 Mother Mother Custody Father Custody Mother Mother
all day all day transfers to all day transfers all day all day
Father at to
end of Mother
work at end of
work
4. The parties shall share major holidays as follows:
A. Christmas shall be divided into two (2) blocks. Block A shall be from
December 24`h at Noon through December 25 at Noon. Block B shall
be from December 25`h at Noon through December 26`h at Noon. In
2006 and all even years thereafter, Mother shall have Block A and
Father shall have Block B. In 2007 and all odd years thereafter, Father
shall have Block A and Mother shall have Block B.
B. Easter Day and Thanksgiving Day shall be shared by the parties, with
the day being divided from 9:00 a.m.-2:30 p.m. and 2:30 p.m.-8:00
p.m. In 2006 and all even years thereafter, Mother shall have the early
time period. In 2007 and all odd years thereafter, Father shall have the
early time period.
C. The parties shall alternate the following major holidays: New Year's
Day, Memorial Day, Fourth of July, Labor Day, and Halloween
(which shall be the night scheduled for trick-or-treat). Father shall
have custody for Labor Day 2006, and the holidays shall alternate
from that point forward. These holidays shall run from 9:00 a.m.
through 5:00 p.m.
D. Mother shall always have custody of the children on Mother's Day
from 9:00 a.m. through 5:00 p.m. Father shall always have custody of
the children on Father's Day from 9:00 a.m. through 5:00 p.m.
5. Transportation for the custody exchanges shall be shared such that the
receiving party shall transport the children.
6. Each party shall be entitled to one (1) uninterrupted week (seven days) of
vacation with the children during summer break from school. The parties shall schedule
said periods of vacation during their custodial period and shall give the other party thirty
(30) days notice of their intended vacation period. The party exercising their week of
vacation time shall provide the other party with their itinerary, including, but not limited
to, dates, times, specific address or location, a landline telephone number, and any other
contact information.
7. If either party is unavailable for a period of three (3) hours or more during
their custodial time, the custodial parent shall first offer that period of time to the other
parent.
8. Neither parent shall do anything which may estrange the children from the
other party, injure the opinion of the children as to the other party, or which may hamper
the free and natural development of the children's love and affection for the other party.
9. Any modification or waiver of any of the provisions of this Order on a
permanent basis shall be effective only if made in writing, and only if executed with the
same formality as a Stipulation and Agreement.
10. The parties acknowledge that the Court of Common Pleas of Cumberland
County does, in fact, have jurisdiction over the issue of custody of the parties' minor
children, who have resided for at least the past six (6) months in Cumberland County.
11. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
?s
Edgar B. Bay, P J.
cc: Diane G. Radcliff, Esquire, Counsel for Father
Kara W. Haggerty, Esquire, Counsel for Mother
TRICIA V. FRICK,
Plaintiff/Respondent
V.
TODD D. FRICK,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-2145 CIVIL ACTION - LAW
IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, P.J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kassidy L. Frick June 28, 1996 Mother
Madison P. Frick January 19, 1999 Mother
2. A Conciliation Conference was held in this matter on September 11,
2006, with the following in attendance: The Father, Todd D. Frick, with his counsel.
Diane G. Radcliff, Esquire, and the Mother, Tricia V. Frick, with her counsel, Kara W.
Haggerty, Esquire.
3. A prior Order of Court was entered by the Honorable Edgar B. Bayley
dated May 22, 2006 providing for shared legal custody, Mother having primary physical
custody and Father having alternating weekends and two evenings per week.
4. The parties agreed to an Order in the form as attached.
Date acgt ine M. Verney, Esquire
Custody Conciliator
CERTIFICATE OF SERVICE
AND NOW, this Th day of May 2008, I, Kara W. Haggerty, Esquire, of Abom
& Kutulakis, LLP., hereby certify that I did serve a true and correct copy of the
foregoing Petition to Modify Custody, upon the Defendant by depositing, or causing
to be deposited, same in the United States Mail, Certified and First-class mail, postage
prepaid addressed to the following:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Attorney for the Defendant
DATE 0S 1 Da
Respectfully submitted,
A om & %uzurAws, L.L.P.
Kara W. Haggerty s ?78
reme Court ID o4
Sup
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
C? ?
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TRICIA V. FRICK IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2006-2145 CIVIL ACTION LAW
TODD D. FRICK
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, May 14, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 16, 2008 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ jacquelrne M. Verney, Es
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
r
;Name ?qtr
I I :I Wa S! AN HE
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TRICIA V. FRICK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-2145 CIVIL ACTION - LAW
TODD D. FRICK,
Defendant/Respondent : IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, P.J.
ORDER OF COURT
AND NOW, this 0- day of , 2008, upon
consideration of the attached Custody Conci tion Report, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court om No. 0 , of the Cumberland
County Court House, on the ?6t* day of LXvotgA+ , 2008, at (?. CIS
o'clock, A. M., at which time testimony will be tak . For purposes of this Hearing,
the Mother shall be deemed to be the moving parry and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least five days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the prior Order
of Court dated September 14, 2006 shall remain in full force and effect, with the
following modification.
3. Neither party may drink alcohol to the point of intoxication or use illegal
drugs immediately prior to or during their period of physical custody.
4. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
BY
Edgar B. Bayley, k._ P.J.
cc: )ara W. Haggerty, Esquire, counsel for Mother
,/Diane G. Radcliff, Esquire, counsel for Father
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'JUN 16 2000
TRICIA V. FRICK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/ Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-2145 CIVIL ACTION - LAW
TODD D. FRICK,
Defendant/ Respondent : IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, P.J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kassidy L. Frick June 28, 1996 shared
Madison P. Frick January 19, 1999 shared
2. A Conciliation Conference was held June 16, 2008 with the following
individuals in attendance: The Mother, Tricia V. Frick, with her counsel, Kara W.
Haggerty, Esquire, and the Father, Todd D. Frick, with his counsel, Diane G. Radcliff,
Esquire.
3. The Honorable Edgar B. Bayley, President Judge, previously entered an
Order of Court dated September 14, 2006 providing for shared legal custody and shared
physical custody.
4. Mother's position on custody is as follows: Mother seeks shared legal and
primary physical custody, with Father having alternating weekends, and one overnight
per week. Mother asserts that Father is consuming alcohol to the point of intoxication
while he has physical custody. She believes this poses a safety risk to the children.
5. Father's position on custody is as follows: Father seeks to maintain the
status quo. He denies drinking while the children are in his physical custody.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and maintaining the status quo but including a provision for no drinking to the
point of intoxication. It is expected that the Hearing will require one-half day. J,=2
Date acq line M. Verney, Esquire
Custody Conciliator
OM &
&UTULAKIS
Kara W. Haggerty, Esquire
Attorney I.D. No.: 86914
36 Sonth Hanover Street
Carlisle, Pennsylvania 17013
(717) 249-0900
TRICIA V. FRICK,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 06-2145 CIVIL TERM
TODD D. FRICK, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF SAID COURT:
AND NOW, W this r" day of July, 2008, comes the Plaintiff, Tricia V. Frick, by and
through her counsel, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., and respectfully
moves This Honorable Court to continue the custody hearing, and in support thereof avers the
following:
1. Petitioner is Tricia V. Frick, Plaintiff in the above-captioned custody matter.
2. Respondent is Todd D. Frick, Defendant in the above-captioned custody matter.
3. By Order of Court dated June 19, 2008, a Custody hearing before The Honorable
Edgar B. Bayley was scheduled for Wednesday, August 6, 2008 at 8:45 a.m.
4. Petitioner, Tricia V. Frick, is planning to be out of town on a family vacation from
Saturday, August 3, 2008 through Saturday, August 9, 2008 and is unable to be present for the
hearing.
5. Petitioner respectfully requests the hearing be continued to a later date.
6. Undersigned counsel has contacted Diane G. Radcliff, Esquire, counsel for
Defendant, Todd D. Frick, who does not oppose this Motion.
WHEREFORE, Petitioner prays this Honorable Court to continue the hearing on the
above-captioned matter to a date to be determined by the trial court.
Respectfully submitted,
ABOM & KUTULAKIS, LLP
Date:
Kara W. Haggerty, Es
36 South Hanover Stre
Carlisle, PA 17013
(717) 249-0900
ID #86914
AND NOW, this ?`day of July 2008, I
Y , Kara W. Haggerty, Esquire of ABOM &
KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy
of the foregoing Motion to Continue by First Class U.S. Mail addressed to the following:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Attorney for the Defendant
ra
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TRICIA V. FRICK,
Plaintiff
V.
TODD D. FRICK,
Defendant
JUL 0 8 2008
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 06-2145 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
ORDER OF COURT
AND NOW, this J U'«'d
Tricia V. Frick, for a
6, 2008, is CANCELLED. Thf
2008, at
auk tal-
Cumberland County Courthou:
Distribution:
iy of , 2008, upon the Motion of Plaintiff,
e, the Motion is GRANTED. The hearing scheduled for August
Hearing is rescheduled for the --? - day of
45 o'clock, Q . M. in Courtroom Number 2 of the
Carlisle, Pennsylvania.
Kara W. Haggerty, Esquire, A orney for Plaintiff, Tricia V. Frick '-7- //- 6 e
Diane G. Radcliff, Esquire, A orney for Defendant, Todd D. Frick
'R? G> . tJ
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o ccav t.V
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OM &
&UTLILAKIS
Kara W. Haggerty, Esquire
Attorney I.D. No.: 86914
36 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 249-0900
TRICIA V. FRICK,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 06-2145 CIVIL TERM
TODD D. FRICK, CIVIL ACTION - LAW
. Defendant IN DIVORCE AND CUSTODY
TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF SAID COURT:
AND NOW, this 18'' day of August, 2008, comes the Plaintiff, Tricia V. Frick, by and
through her counsel, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., and respectfully
moves This Honorable Court to continue the custody hearing, and in support thereof avers the
following:
1. Petitioner is Tricia V. Frick, Plaintiff in the above-captioned custody matter.
2. Respondent is Todd D. Frick, Defendant in the above-captioned custody matter.
3. By Order of Court dated July 10, 2008, a Custody hearing before The Honorable
Edgar B. Bayley was scheduled for Wednesday, August 20, 2008 at 8:45 a.m.
4. Laurrie Hoover, a witness for Petitioner, is in clinical training for her schooling
and is unable to be present for the hearing.
5. Trent Hurley, a witness for Petitioner, is scheduled to be in Chambersburg on
Wednesday morning with his employment with the Pennsylvania State Police, and is unable to
be present for the hearing.
6. Petitioner respectfully requests the hearing be continued to This Court's next
available date.
7. Undersigned counsel has contacted Diane G. Radcliff, Esquire, counsel for
Defendant, Todd D. Frick, who is unable to provide her position on this Motion because she has
been unable to make contact with her client.
WHEREFORE, Petitioner prays this Honorable Court to continue the hearing on the
above-captioned matter to a date to be determined by the trial court.
Respectfully submitted,
ABOM & KUTULAKIS, LLP
Date: k ? -
Kara W. Haggerty,
36 South Hanover
Carlisle, PA 17013
(717) 249-0900
ID #86914
CERTIFICATE OF SERVICE
AND NOW, this oAqay of August, 2008, I, Kara W. Haggerty, Esquire of ABOM
& KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct:
copy of the foregoing Motion to Continue by First Class U.S. Mail addressed to the following:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Attorney for the Defendant
CZ ? ?
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CD 13
IV
TRICIA V. FRICK,
PLAINTIFF
V.
TODD D. FRICK,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-2145 CIVIL TERM
ORDER OF COURT
AND NOW, this 14 day of August, 2008, the motion of Tricia V.
Frick for a continuance of the hearing scheduled for August 20, 2008, IS GRANTED.
The hearing is cancelled. A hearing shall now be conducted at 8:45 a.m., Thursday,
December 4, 2008, in Courtroom Number 2, Cumberland County Courthouse, Carlisle,
Pennsylvania.
,Gara W. Haggerty, Esquire
For Plaintiff
a ne G. Radcliff, Esquire
For Defendant J
sal
Edgar B. Bayley, J.
LA? A"•?. rA.. '
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_ ABOM c57
ICLITULAKIS
Kara W1 Haggerty, Esquire
Attorney LD. No.: 86914
36 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 249-0900
TRICIA V. FRICK,
Plaintiff
V.
TODD D. FRICK,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
. NO. 06-2145 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
PRAECIPE TO WITHDRAW AND DISCONTINUE
Please withdraw the Motion to Modify Custody in the above-captioned matter and mark as
discontinued with entry of the attached Order.
Respectfully submitted,
ABOM & KUTULAKIS, LLP
Date:
(( Z(p G Kara W. Haggerty, s
36 South Hanover S
Carlisle, PA 17013
(717) 249-0900
Attorney ID No. 86914
CERTIFICATE OF SERVICE
AND NOW, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify
that I did serve or cause to be served a true and correct copy of the foregoing Praecipe to Withdraw and
Discontinue via first class mail addressed as follows:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Attorney for the Defendant
(Q
DATE
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CCC 01200%
TRICIA V. FRICK,
Plaintiff
V.
TODD D. FRICK,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 06-2145 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
ORDER OF COURT
AND NOW, this day of , 2008, upon consideration
of the Praecipe to Withdraw and Discontinue, the Motion to Modify Custody is
hereby withdrawn and hearing cancelled. The prior Order of Court dated September
14, 2006, with the modification added in Order of Court dated June 19, 2008, shall
remain in full force and effect.
Distribution:
Kara W. Haggerty, Esquire, Attorney for Plaintiff Tricia V. Frick
Diane G. Radcliff, Esquire, Attorney for Defendant, Todd D. Frick
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ORIGINAL
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TRICIA V. FRICK, : NO. 06-2145 CIVIL TERM
Plaintiff
CIVIL ACTION - LAW'
V.
DIVORCE AND CUSTODY
TODD D. FRICK,
Defendant
MARITAL AGREEMENT
BETWEEN
TODD D. FRICK
AND
TRICIA V. FRICK
MARITAL AGREEMENT
THIS AGREEMENT made this _ day of , 2009, by and between TRICIA V.
FRICK, ("Wife") of 45 Ponderosa Road, Carlisle, PA 17013, and TODD D. FRICK, ("Husband") of
350 Bobcat Road, Newville, PA 17241.
PREAMBLE AND RECITALS
WHEREAS, the parties hereto are husband and wife, having been married on November 14, 1992
in Cumberland County, Pennsylvania, and were separated on April 9, 2006.
WHEREAS, The parties are the parents of two (2) children: Kassidy L. Frick (DOB: 06/28/1996);
and Madison P. Frick (DOB: 01 /19/1999), (the "Children")
WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Husband and Wife 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
by specification: the settling of all matters between them relating to the ownership and
equitable distribution of real and personal property; the settling of all matters between them
relating to the past, present and future support, alimony and/or maintenance of Wife by
Husband or of Husband by Wife; and in general, the settling of any and all claims and possible
claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and 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, Wife and Husband, each intending
to be legally bound hereby, covenant and agree as follows:
SECTION I
GENERAL PROVISIONS
1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement
are incorporated herein and made a part hereof as if fully set forth in the body of the
Agreement.
1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken
and that they will secure a mutual consent no-fault Divorce Decree in the above captioned
. 1 -
divorce action. Upon the execution of this Agreement, or as soon as possible under the
terms of said Divorce Code if said documents can not be signed upon the execution of this
Agreement, the parties shall execute and deliver to Wife's's attorney their respective
Affidavits of Consent and Waivers of Notice. Within ten (10) business days of receipt of
those signed Affidavits and Waivers, Wife's's attorney will file all the remaining documents
necessary to secure the entry of the Divorce Decree at Wife sole cost and expense.
If either party has filed a counterclaim, counter-affidavit, or any claim for economic
relief, he or she agrees that any such claims have been fully resolved by virtue of this
Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such
further steps as may be necessary to allow for a prompt finalization of any divorce action
between the parties.
1.03. EFFECT OF DIVORCE DECREE INCORPORATION AND MERGER. The terms of this
Agreement shall be incorporated into any Divorce Decree which may be entered with
respect to them. This Agreement shall not, however, merge with the Divorce Decree, but
rather, it shall continue to have independent contractual significance and each party shall
maintain their contractual remedies as well as Court remedies as the result of the
aforesaid incorporation or as otherwise provided by law or statute. 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.
1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be
defined as the date of execution by the party last executing this Agreement. The
transfer of property, funds and/or documents provided for herein shall take place on the
"distribution date" which shall be defined as the date of execution of this Agreement
unless otherwise specified herein.
1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counsel, Diane G. Radcliff, Esquire for
Husband and Kara W. Haggerty, Esquire for Wife. The parties acknowledge that they have
received independent legal advice from counsel of their selection and that they fully
understand the facts and have been fully informed as to their legal rights and obligations.
They acknowledge and accept that this Agreement is, under the circumstances, fair and
equitable and that it is being entered into freely and voluntarily after having received
such advice and 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 collusion or
improper or illegal agreement or agreements.
1.06. FINANCIAL DISCLOSURE. The parties acknowledges that each has had the opportunity to
conduct discovery and investigation as to the incomes of the parties, the parties' marital
.2-
assets and debts and their respective separate assets, debts and monthly expenses. The
parties further acknowledge that there has been a full and fair disclosure of the identity
and value of the parties' marital assets and debt, their separate estates and their
respective incomes. The parties hereby waive any further discovery and/or disclosure of
the parties marital assets and debt, their respective separate estates and incomes and
expenses, except for such disclosure that may be necessary as a result of a breach of this
Marital Agreement.
1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or
she has the right: (1) to obtain from the other party a complete inventory or list of all of
the property that either or both parties own at this time or owned as of the date of
separation; (2) to have all such property valued by means of appraisals or otherwise; (3)
to compulsory discovery to assist in the discovery and verification of facts relevant to
their respective rights and obligations, including the right to question the other party
under oath; and (4) to have a Court hold hearings and make decisions on the matters
covered by this Agreement, which Court decision concerning the parties' respective rights
and obligations might be different from the provisions of this Agreement. Given said
understanding and acknowledgment, both parties hereby waive the foregoing procedural
rights.
1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not
be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations
contained herein. In the event a party files such bankruptcy and pursuant thereto obtains
a discharge of any obligations assumed hereunder, the other party shall have the right to
declare this Agreement to be null and void and to terminate this Agreement in which
event the division of the parties' marital assets and all other rights determined by this
Agreement shall be subject to Court determination the same as if this Agreement had
never been executed by the parties.
1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, as a
result of enforcement of the terms of this Agreement, and/or as a result of the breach of
this Agreement, the parties do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of such other, for all time to come, and for all
purposes whatsoever, including, but not limited to the following:
A. Estate Rights: Any rights which either party may have, or at any time hereafter
have, to share in the Estate of the other party as a result of their marital
relationship or otherwise including, without limitation: statutory allowance;
widow's allowance; intestacy rights; right to take under the will of the other party;
right to take against the will of the other party; and the right to act as the
executor or administrator of the other's estate. The foregoing shall not apply to
-3-
any claims under the Will of a party executed after the date of this agreement.
B. Marital Rights: Any rights which either party may have or at any time hereafter
have for past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, equitable distribution, costs or expenses, whether
arising as a result of the marital relation or otherwise.
1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even
if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a
reconciliation. This Agreement shall continue in full force and effect and there shall be
no modification or waiver of any of the terms hereof unless the parties, in writing, signed
by both parties, execute a statement declaring this Agreement or any term of this
Agreement to be null and void.
1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations
owed to or for the benefit of the other party and/or otherwise breaches the terms of this
Agreement, then the other party shall have the following rights and remedies:
(A) Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of
the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and
remedies that may hereafter be enacted by virtue of the amendment of said
statute or replacement thereof by any other similar laws.
(B) Damages: The right to damages arising out of breach of the terms of this
Agreement,
(C) Attorneys Fees and Costs: The right to reimbursement of all reasonable attorney's
fees and costs incurred as the result of the breach and in enforcing rights and
obligations under this agreement.
(D) Other Remedies: Any other remedies provided for in law or in equity.
(E) Considerations for Reasonable Attorneys Fees: Any award of "reasonable
attorneys fees" as used in this paragraph shall be based on consideration of (1) the
hourly rate charged; (2) the services rendered; and (3) the necessity of the services
rendered. Determination of reasonableness shall not take into consideration the
amount or nature of the obligation sought to be enforced or any possibility of
settlement for less than the obligation sought to be enforced by the non-breaching
party.
(F) Breach Notice: In the event of an alleged breach of any term of this Agreement,
-4-
the aggrieved party shall provide written notice to the breaching party and his or
her counsel of his or her intent to take action to enforce his or her rights under the
Agreement and to remedy such breach. The breaching party shall have a period of
fifteen (15) days from the mailing of such notice to cure the alleged breach prior
to the institution of any proceedings of any nature for enforcement of this
Agreement.
1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the
following shall apply:
(A) Prior Returns: The parties have heretofore filed joint federal and state returns.
Both parties agree that in the event any deficiency in federal, state or local income
tax is proposed, or any assessment of any such tax is made against either of them,
each will indemnify and hold harmless the other from and against any loss or
liability for any such tax deficiency or assessment therewith. Such tax, interest,
penalty or expense shall be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failure to disclose the
nature and extent of his or her separate income on the aforesaid joint returns.
(B) Current Returns: The parties shall file individual tax returns for the current tax
year and for every tax year hereafter.
(C) Preservation of Records: Each party will keep and preserve for a period of three
(3) years from the date of their divorce all financial records relating to the marital
estate, and each party will allow the other party access to those records as may be
reasonably necessary from time to time.
(D) No Tax on Property Division: Except as specifically set forth in this Agreement,
the division of marital property herein provided is not intended to constitute in any
way a sale or exchange of assets. It is understood that the property transfers
described herein fall within the provisions of Section 1041 of the Internal Revenue
Code, and as such will not result in the recognition of any gain or loss upon the
transfer to the transferee. Each party promises not to take any position with
respect to the adjusted basis of the property assigned to him or her or with respect
to any other issue which is inconsistent with the terms of this Paragraph on his or
her applicable federal or state income tax returns.
(E) Dependency Exemption(sl: Wife shall be entitled to claim the deduction for the
dependency exemption for the Child, Kassidy L. Frick, on her applicable tax returns
under Section 152(e) of the Internal Revenue Code of 1954, as amended. Husband
shall be entitled to claim the deduction for the dependency exemption for the
-5-
Child, Madison P. Frick, on his applicable tax returns under Section 152(e) of the
Internal Revenue Code of 1954, as amended. When there is only one child for
which a dependency exemption can be claimed, Husband shall be entitled to claim
the dependency exemption for that child in even numbered years, and Wife shall
be entitled to claim the deduction for the dependency exemption for that child in
odd numbered years. Each party will sign Internal Revenue Form 8332, or any other
declaration, required to implement this agreement and to provide such form or
declaration to the other party within ten (10) days of a request to sign such form
or declaration.
1.13. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shalt
be valid unless in writing and signed by both parties and no waiver of any breach hereof
or default hereunder shall be deemed a waiver of any subsequent default of the same or
similar nature.
1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter,
and within five (5) business days of request , take any and all steps and execute,
acknowledge and deliver to the other party, any and all further instruments and/or
documents that the other party may reasonably require for the purpose of giving full force
and effect to the provisions of this Agreement.
1.15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
1.16. 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.
SECTION 11
DISTRIBUTION OF PROPERTY AND DEBTS
2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of
all property and debts set forth in this Agreement is equitable and in the event an action
in divorce has been or is hereafter commenced, both parties waive and relinquish the
right to divide and distribute their assets and debts in any manner not consistent with the
terms set forth herein and further waive and relinquish the right to have the Court
equitably divide and distribute their marital assets and debts. It is further the intent,
understanding and agreement of the parties that this Agreement is a full, final, complete
and equitable property division.
- 6 -
2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all property, tangible or intangible, real,
personal or mixed, acquired by him or her, since the date of the parties' marital
separation, with full power in him or her to dispose of the same as fully and effectively,
in all respects and for all purposes, as though he or she were unmarried and each party
hereby waives, releases, renounces and forever abandons any right, title, interest and
claim in and to said after acquired property of the other party pursuant to the terms of
this Paragraph.
2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and
forever abandon any right, title, interest and claim, if any, either party may have in and
to any inheritance of any kind or nature whatsoever previously, or in the future, received
by the other party.
2.04 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts
shall be divided and distributed as follows:
(A) Real Estate: The jointly owned real estate known and numbered as 350 Bobcat
Road, Newville, PA, ("the Real Estate"), encumbered with a mortgage owed to
Orrstown Bank, and a home equity loan mortgage owed to Orrstown Bank, ("the
Mortgages"), shall be divided and distributed in accordance with the following:
(1) Conveyance: Husband shall prepare and Wife shall execute and deliver all
documents in the usual form conveying, transferring and granting to Husband
all of Wife's right, title and interest in and to the Real Estate. The deed of
conveyance therefor shall be executed by Wife upon Wife's signing of this
Agreement and held in escrow by Wife's attorney pending the
refinance/ assumption of the Mortgages or sale and payment of the sum of
$34,608.71 set forth below, at which time the deed shall be delivered to
Husband to record.
(2) Liens, Encumbrances and Expenses: The said conveyance shall be subject
to all liens and encumbrances covenants and restrictions of record including,
but not limited to, the lien of the Mortgages, real estate taxes and any other
municipal liens. Husband shall hereinafter be solely responsible for the
payment of the Mortgages, real estate taxes, other municipal liens and any
and all other expenses associated with the Real Estate, whether incurred in
the past, present or future, and shall indemnify, protect and save Wife
harmless therefrom.
(3) Refinance: Husband shall apply for refinancing/assumption of the Mortgages
-7-
within fifteen (15) business days of the date of this Agreement and shall
complete that refinance/ assumption within sixty (60) days of the date of this
Agreement so as to release Wife from further liability thereunder. The costs
of refinancing/assumption shall be paid by Husband.
(B) Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles,
motorcycles, trailers, campers and the like owned by one or both of the parties,
or the trade in value thereof if the Vehicles have been sold or traded in prior to
the date of this Agreement ("Vehicles"), and loans associated therewith ("Vehicle
Loan"), shall be divided and distributed as follows:
(1) To Wife: The 2000 Jeep Cherokee titled in Wife's sole name.
(2) To Husband: The 1997 Ford Explorer titled in Wife's sole name.
(C) Investments: The parties shares of stock, brokerage accounts and other
investments (the "Investments") shall be divided and distributed as follows:
(1) To Wife: 50% of the joint Orrstown Investment Account.
(2) To Husband: 50% of the joint Orrstown Investment Account
(3) Distribution: within 14 days of the date of this agreement, the parties will
contact Orrstown Bank and make arrangements to divide their joint
investment account equally between them.
(D) Accounts: The parties' bank accounts, certificates of deposit, and other monetary
deposits, ("the Accounts") shall be divided and distributed as follows:
(1) To Wife: All accounts in Wife's sole name and any funds previously received
by Wife from accounts that were previously held in the parties' joint names.
(2) To Husband: All accounts in Husband's sole name and any funds previously
received by Husband from accounts that were previously held in the parties'
joint names.
(E) Life Insurance: The parties' life insurance policy and the cash value thereof shall
be divided and distributed as follows:
(1) To Wife: None. Wife represents that she has no interest in any life
insurance policy that is subject to equitable division between the parties.
-8-
(2) To Husband: None. Husband represents that she has no interest in any life
insurance policy that is subject to equitable division between the parties
(F) Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit
Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any
employee benefit plan and/or any other retirement type plans (the "Retirement
Plans") shall be divided and distributed as follows:
(1) To Wife: Wife's Cumberland County Retirement. Plan and her Roth IRA
account.
(2) To Husband: Husband's Roth IRA account.
(3) Waiver: Any interest that either party may have, or may heretofore have
had in or as the result of the Retirement Plans of the other party, including
rights or contingent rights in and to unvested retirement benefits and/or by
virtue of being a spouse, beneficiary, contingent beneficiary or otherwise
is hereby extinguished, except as specifically herein provided, and the
parties shall hold his or her Retirement Plans free and clear from any right
or interest which the other party now has or may heretofore have had
therein or thereto.
(G) Personal Property: The parties' tangible personal property including, but without
limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs,
carpets, household equipment and appliances, tools, pictures, books, works of art
and other personal property ("the Personal Property") shall be divided and
distributed as follows:
(1 } To Wife: All items of personal property in the possession of Wife, not
otherwise distributed to Husband herein.
(2) To Husband: All items of personal property in the possession of Husband,
not otherwise distributed to Wife herein.
(3) Addition Items. Subject to the following condition, Husband will give Wife
her engagement ring, her wedding ring; her mother's class ring; and her
valentine's heart shaped diamond ring. This obligation is specifically
contingent upon Husband being able to locate the ring or rings in his
residence which he has not been able to do up to the date of his signing of
this agreement.
-9-
(H) Monetary Payment: Husband shall pay Wife the amount of $34,608.71 within sixty
(60) days of the date of this Agreement. Upon said payment and the
refinance/ assumption of the Mortgages set forth in above, Wife's attorney shall
release the deed of conveyance for the Real Estate to Husband as required above.
(1) Children's Educational Accounts: Upon completion of his refinance of the
Mortgages, Husband shall pay Wife the amount of $2,600.00, $1,300.00 for each
child. Wife shall deposit $1,300.00 in to an account to be established for each
child. Those funds so deposited may be used for the limited purposes of payment
of educational costs incurred for the parties' children and for no other purpose
whatsoever. If not used by the time the child reaches age 22, the funds remaining
in the account shall be paid to the child. Wife shalt provide Husband with proof
of the amount in each child's account upon request, but in no event more than one
time per year, and shall account to husband for any expenditures made therefrom.
(J) Debts: The parties' marital debts, loans, credit cards and other obligations, not
otherwise divided and distributed herein, shall be divided and distributed as
follows:
(1) To Wife: Wife shall be solely liable for and shall timely pay any credit cards,
loans, debts and liabilities incurred in Wife's individual name.
(2) To Husband: Husband shall be solely liable for and shall timely pay any
credit cards, loans, debts and liabilities incurred in Husband's individual
name.
2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall
apply to the distribution of the parties' marital assets and debts:
(A) As Is Condition: Except as otherwise specifically herein provided, and with respect
to the transfer of any tangible assets provided for in this Marital Agreement, the
parties acknowledge that he or she have had the opportunity to inspect and view
the assets that he or she is to receive as his or her sole and separate property and
he or she is fully aware of the condition of such tangible asset and is receiving
those assets in "as is" physical condition, without warranty or representation by or
from the other party.
(B) Title Transfer: If appropriate, for effectuating the transfers as herein provided,
those titles shall be executed and delivered to the appropriate party on the date
-10-
of this Agreement, unless another date is provided herein. For purposes of this
Paragraph the term "title" shall be deemed to include a "power of attorney" if the
title is unavailable due to financing arrangements or otherwise.
(C) Personalty Transfer: if either party is entitled to any items of personal property
in the possession of the other party as of the date of this Agreement, the parties
shall promptly make arrangements so as to permit that party to remove the items
of property from the other party's possession no later than thirty (30) days from the
date of this Agreement.
(D) Waiver. Each of the parties specifically waives, releases, renounces and forever
abandons whatever right, title and interest they may have in any property that is
to become the sole and separate property of the other party pursuant to the terms
of this Agreement.
(E) Liens: In the event any asset is subject to a lien or encumbrance, the party
receiving the asset as his or her separate property shall take it subject to said lien
and/or encumbrance and shall be solely responsible and liable therefor, unless
otherwise specifically herein provided.
(F) Debt Balances and Prior Payments: Any debt herein described shall be deemed to
include the current balance owed on the debt. Unless otherwise herein specifically
provided, there shall be no adjustment in the distribution provisions for the
payment of any portion of the marital debts prior to the execution of this Marital
Agreement, whether or not that debt or the prior payment thereof is specifically
referenced in this Paragraph, said payment having been taken into consideration
in determining the distribution of marital assets and debts herein provided.
(G) Indemnification: Any party assuming an obligation pursuant to the terms of this
Agreement shall indemnify, protect and hold the other party harmless from and
against all any and all liability thereunder, including, but not limited to, any
attorney's fees and costs incurred by the other party as the result of defending
against the obligation and/or enforcing the provisions of this indemnification.
(H) After Acquired Debts: Each of the parties represents and warrants to the other
that since the parties' marital separation he or he has not contracted nor incurred
any debt or liability for which the other or his or her estate might be responsible.
From the date of this Agreement, each party shall only use those credit accounts
or incur such further obligations for which that party is individually and solely
liable.
- 11 -
(1) Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party
can make any further charges thereunder, and if said charges are made in violation
of this Agreement, then the party incurring said charge shall immediately repay the
same. Further, the parties shall cooperate in closing any remaining accounts which
provide for joint liability.
(J) Non-Disclosed Liability: 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 shall pay it. as it becomes due and
payable.
(K) Refinance: In the event a party is assuming a liability for which the parties are
jointly liable, that party shall refinance the same within sixty (60) days of the date
of this Agreement so as to release the other party from any and all liability
thereunder.
SECTION III
COUNSEL FEES. SPOUSAL SUPPORT.
APL. ALIMONY, CHILD SUPPORT AND TAX PROVISIONS
3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right
and/or claim each may have, both now and in the future, against the other for counsel
fees, costs and expenses.
3.02. ALIMONY, APL. AND SUPPORT. The parties hereto agree and do hereby waive any right
and/or claim they may have, both now and in the future, against the other for alimony,
alimony pendente lite, spousal support and maintenance.
3.03. CUSTODY. The parties custody arrangements shall continue to be governed by the Custody
Order entered in the Cumberland County action docketed to No. 06-2145, as that Order
may be hereafter modified or amended. This Agreement, therefore, shall not affect those
arrangements.
SECTION IV
CLOSING PROVISIONS AND EXECUTION
4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall
be deemed to be an original, but all of which shall constitute one and the same
agreement.
-12-
4.02. 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 after
a full hearing.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed
sealed and acknowledged this Agreement the day and year below written, which Agreement has
been executed in various counterparts, each of which shall constitute an original.
WITNESS:
?y J • ? 111 ) (01? (SEAL)
TO )AD D. FRICK
Date: 6 a? -04-1
(SEAL)
TRICIA V. FRIG
Date: (i 9 U c!
-13-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
On this the day of , 2009, before me the undersigned officer,
personally appeared, TODD D. FRICK, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Agreement, and acknowledged that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
NOTARY PUBLIC
My Commission Expires:
COMMONWEALTH OF PENNSMANIA
L Notarial Seal
Deborah L. Donley, Notary Public
COMMONWEALTH OF PENNSYLVANIA N? ?E unbberlanci county
sept za, ao
SS. Member, Pennsylvania Association of Notaries
COUNTY OF CUMBERLAND
On this the &-± ± day of , 2009, before me the undersigned officer, - dfi-fil - personally appeared, TRICIA V. FRI, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Agreement, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and n ial seal.
NOTARY PU IC
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Shannon L. Freeman, Notary Public
Cafte Boro, Cumberland County
My Commission Bins APrN 7, 2013
Member, Pennsylvania Assodaton of Notaries
. 14 -
? ?? IRf
?G?? 23
TRICIA V. FRICK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
di 45-
V. NO. 06 -44*R CIVIL TERM
TODD D. FRICK, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
ACCEPTANCE OF SERVICE
AND NOW, this ?day of April, 2006, I, Diane G. Radcliff, Esq., hereby certify that
I did receive and accept service of the Complaint in Divorce and Custody in the above captioned
matter on behalf of the Defendant, Todd D. Frick, and I further certify that I am authorized to do
so.
'? 0 Cn
Date
D' a c iff, Esquire
fA 4ac
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TRICIA V. FRICK,
Plaintiff NO. 06-2145 CIVIL TERM
V. CIVIL ACTION - LAW
TODD D. FRICK, IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April
13, 2006.
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. 1 consent to the entry of a final Decree in Divorce after service of notice of intention
to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Dated: 11/?^ gd ^C19 e?s
DD .FRICK
4a 'i't
1
,.?, T,i
''TARY
2009 JUN 23 Pri'r 2: 11
? A
a ? r ,q{T•, y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TRICIA V. FRICK,
Plaintiff
V.
TODD D. FRICK,
Defendant
NO. 06-2145 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
1. I consent to the entry of a final decree in divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Waiver are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating
to unsworn falsification to authorities.
Dated: Taa - G9'
/TD FRICK,
'-T THIE
2009 23 1 1n1 L' 1 -1
?l,;L• ;i r ? !
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TRICIA V. FRICK,
Plaintiff NO. 06-2145 CIVIL TERM
V. CIVIL ACTION - LAW
TODD D. FRICK, IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April
13, 2006.
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. 1 consent to the entry of a final Decree in Divorce after service of notice of intention
to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Dated: f> 0 "77
TRICIA V. FRO
ry FLE3 -? r.:
' r- ?`t i t! Jin
? ; RY
20,9,i;, 23 PP; 2: E
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TRICIA V. FRICK,
TODD D. FRICK,
Plaintiff NO. 06-2145 CIVIL TERM
V.
Defendant
CIVIL ACTION - LAW
IN DIVORCE
1. 1 consent to the entry of a final decree in divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Waiver are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating
to unsworn falsification to authorities.
Dated: (,a Im d g ?J lac
TRICIA V. FRIC `
Off. THE: ,. rt??
_-i'
209 J??r 23 ?' 2: ?
T\0- BOM &
u,ULAKIS
Kara W. Haggerty, Esquire
Attorney I.D. #: 86914
2 West High Street
Carlisle, PA 17013
(717) 249-0900
TRICIA V. FRICK,
Plaintiff
V.
TODD D. FRICK,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 06-2145 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
PRAECIPE TO TRANSMIT THE RECORD
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. Ground(s) for Divorce:
a. Irretrievable Breakdown under §3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint:
a. Service on opposing counsel on April 14, 2006, as evidenced by Acceptance of Service
filed on April 17, 2006.
3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code:
a. by Plaintiff: June 19, 2009; by Defendant: June 22, 2009.
4. All economic claims previously raised have been settled by filing of the Marital Settlement
Agreement dated June 22, 2009.
r"
5. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:
a. by Plaintiff. June 23, 2009; by Defendant: June 23, 2009
Respectfully submitted,
DATE
ABOM&KUTULAKIS, L.L.P *ak
Kara W. Haggerty, Es
Supreme Court ID # 69
2 West High Street
Carlisle, Pennsylvania 17013
(717) 249-0900
Attorney for Plaint
r, n
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TRICIA V. FRICK
V.
TODD D. FRICK : NO.
06-2145
DIVORCE DECREE
AND NOW, J ? '- , it is ordered and decreed that
TRICIA V. FRICK plaintiff, and
TODD D. FRICK
bonds of matrimony.
, defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.") OOK-Q- -
The Marital Settlement Agreement dated June 22, 2009 is incorporated but not-merged into
this Decree.
By the
Attest: w J
4?i Prothonotary
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