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HomeMy WebLinkAbout06-3296 vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYL VANIA : NO. D(.. - ~'J.91o C'OtC~QLI : CIVIL ACTION- AT LAW- IN DIVORCE RACHELLE L. FLICK, Plaintiff ANTHONY FLICK, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce, or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. OL - 229h Gu~LY~ : CIVIL ACTION- AT LAW- IN DIVORCE RACHELLE L. FLICK, Plaintiff ANTHONY FLICK, Defendant DIVORCE COMPLAINT WITH CLAIM FOR CUSTODY, APL/ALIMONY, AND EQUITABLE DISTRIBUTION The Plaintiff, Rachelle L. Flick, by and through her attorneys, The Law Offices of PatriCk F. Lauer, Jr., LLC, makes the following Complaint in Divorce: COUNT I-NO FAUL T DIVORCE--~~ 3301(c) or 3301(d) 1. The Plaintiff, Rachelle L. Flick, is an adult individual currently residing at 429 Market St., New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant, Anthony Flick, is an adult individual currently residing at 429 Market St., New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this complaint. 4. The parties were married on December 20, 2003. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court enter a decree of Divorce in this matter. COUNT II-EQUITABLE D1STRIBUTION--~ 3502(a) 9. Paragraphs one (I) through eight (8) of this Complaint are incorporated herein by reference as if set forth specifically below. 10. During the course of the marriage, the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in possession of the individual parties. WHEREFORE, the Plaintiff respectfully requests the Court to equitably divide, distribute, or assign the marital property between the parties in such proportion as the court deems just after consideration of all relevant factors and thereby enter an order of equitable distribution of marital property pursuant to 93502(a) of the Divorce Code. COUNT III-CUSTODYNISITATION -- ~5303 II. Paragraphs one (I) through (10) are incorporated herein by reference. 12. There are two dependent children to this marriage or by fonnal adoption, Hannah Flick, born April 11, 2000, age 6 and Trevor Flick, born February 20,2002, age 4. 13. The Plaintiff seeks primary physical custody, partial physical custody or visitation of all children born of this marriage as set forth in Paragraph Twelve. 14. The minor children are presently in the custody of the Plaintiff and Defendant, who both reside at the address referenced above in Paragraphs One and Two. 15. During the past five years, the children have resided at the following address with the following persons: Dates: Addresses: List All Persons: Sept. 2002-present 429 Market Street New Cumberland (marital residence) Mother, Rachelle L. Flick Father, Anthony FLick Sept. 2001- Sept 2002 6405 Glynwood St. Mechanicsburg, P A Mother, Rachelle L. Flick Father, Anthony Flick 16. The Mother of the children is the Plaintiff, currently residing at the above referenced address. Paragraph One. She is married to the Defendant. 17. The Father of the children is the Defendant, currently residing at the above referenced address, Paragraph Two. He is married to the Plaintiff. 18. The relationship of the Plaintiff to the children is that of natural mother. She currently resides with the following persons: subject children and Anthony Flick, Defendant. 19. The relationship of the Defendant to the children is that of natural father. He currently resides with the following persons: subject children and Rachelle L. Flick, Plaintiff. 20. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 21. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 22. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 23. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs; b. Plaintiff is willing to continue custody of the children c. Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 24. . Each parent whose parental rights to the children have not been tenninated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim any right to custody or visitation, and therefore no notice will be given of the pendency if this action and the right to intervene, save as to the Defendant. WHEREFORE, the Plaintiff respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff rights of physical custody and/or visitation. COUNT IV-REQUEST FOR ALIMONY PENDETE LITE AND ALIMONY PURSUANT TO SECTIONS 3701(a) and 3702 OF THE DIVORCE CODE 25. Paragraphs one (I) through twenty-four (24) of this Complaint are incorporated herein by reference as if set forth specifically below. 26. Plaintiff is unable to sustain herself during the course of litigation. 27. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 28. Plaintiff requests the Court to enter an award of alimony pendente lite until fmal hearing and thereupon to enter an order of alimony in his favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHERFORE, Plaintiff respectfully requests this Honorable Court to enter an award of alimony pendente lite until fmal hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. Respectfully submitted, Date:W-rJl-0p Shana M. Pugh, Es re Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 ID# 200952 Tel. (717) 763-1800 . . . .. RACHELLE 1. FLICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. ANOTHONY FLICK, Defendant : CIVIL ACTION- AT LA W- IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: & /OID/(){P / Signature: ;J ~ ~ ~ w - ~~ C) ~~6 0 Jv c: . . ~ - 0 CI) ~ V) -.a D C'CD --0 --0 ""'"-< \ , I () ~ e~ ~ - ~ {2. "(l. r: ......... '-'-- r-.. ".) ~ ~ ~ r ~ 0 8 co;;:,. 1"1 ""'-.l w'.,. ..... ""- :r:-n --, r11= -'''lh~: I ,-do t.!:) r'i->_j :1':..;" i-, '--:1 S.;'Z-j f',) ,~lTl ::-~, U1 ..-';; ~ C'; r 'I RACHELLE L. FLICK, Plaintiff ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA ; NO. 6~-d29f:. c3-U~[~-h-l : CIVIL ACTION- AT LA W- IN DIVORCE vs. ANOTHONY FLICK, Defendant COMPLAINT FOR CUSTODY The Plaintiff, Rachelle L. Flick, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, seeks to obtain custody of her minor children and makes the following averments in support thereof: 1. The Plaintiff is "Mother", Rachelle L. Flick, and is an adult individual who currently resides at 429 Market Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is "Father", Anthony is an adult individual who currently resides at 429 Market Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. There are two dependent children to this marriage or by formal adoption, Hannah Flick, born April II , 2000, age 6 and Trevor Flick, born February 20, 2002, age 4. 4. The Plaintiff seeks primary physical custody, partial physical custody or visitation of all children born of this marriage as set forth in Paragraph Twelve. 5. The minor children are presently in the custody of the Plaintiff and Defendant, who both reside at the address referenced above in Paragraphs One and Two. 6. During the past five years, the children have resided at the following address with the following persons: Dates: Addresses: List All Persons: Sept. 2002-present 429 Market Street New Cumberland (marital residence) Mother, Rachelle 1. Flick Father, Anthony FLick Sept. 2001- Sept 2002 6405 Glynwood St. Mecharricsburg,PA Mother, Rachelle 1. Flick Father, Anthony Flick 7. The Mother of the children is the Plaintiff, currently residing at the above referenced address, Paragraph One. She is married to the Defendant. 8. The Father of the children is the Defendant, currently residing at the above referenced address, Paragraph Two. He is married to the Plaintiff. 9. The relationship of the Plaintiff to the children is that of natural mother. She currently resides with the following persons: subject children and Anthony Flick, Defendant. lO. The relationship of the Defendant to the children is that of natural father. He currently resides with the following persons: subject children and Rachelle 1. Flick, Plaintiff. 11. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 14. The best interests and permanent welfare of the children will be served by granting the relief requested because: . a. Plaintiff can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs; b. Plaintiff is willing to continue custody of the children c. Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim any right to custody or visitation, and therefore no notice will be given of the pendency if this action and the right to intervene, save as to the Defendant. WHEREFORE, the Plaintiff respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff rights of physical custody and/or visitation. Respectfully submitted, Shana M. Pugh, Es re Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 170 II ID#200952 Tel. (717)763-1800 Date:GO-07-OJf!-- ~ ... r. RACHELLE 1. FLICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs.. : NO. : CIVIL ACTION- AT LA W- IN DIVORCE ANOTHONY FLICK, Defendant VERIFICATION I verify that the statements made.in this Complaint are true and correct. I lUlderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. g 4904, relating to lUlswom falsification to authorities. Date:~ Signature: #0 . <" <;;;:,:::) C;.:,-_.> u' I u:> C) -n .-l ~T~ f?~ ~~,\~'~, ',":} ~ -- <')(\'\ '::::-\ '-".. :~ -- r:? <J' --' , RACHELLE L. FLICK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 06-3296 CIVIL ACTION LAW ANTHONY FLICK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tbursday, June 15, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mecbanicsbur2, fA 17055 on Friday, July 14, 2006 , the conciliator, at 8:30 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. Failurc to appear at the conference mav 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 hearin\!. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. _y 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 infonnation 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 HA VE 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 I 7) 249-3166 ~~ , ~ ~ 117o/9 '~.P~-~h<; <t1?/,? )?,~ ~p ~~ h ?c?,'W-? . fin."'.!., Ah", '''''''':/~nJ q I ',U115002 C7." lId . :.1l..f'(.., , vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3296 CIVIL TERM RACHELLE L. FLICK, Plaintiff,/Respondent 2 "" '-~ """, () '.n .-; ::r 1'1 ANTHONY J. FLICK, Petitioner/Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY .:::.-, '-- n I G,) ,) EMERGENCY PETITION FOR SPECIAL RELIEF -C..~jiilf.c' c' c--' AND NOW, comes Petitioner, Anthony 1. Flick, by and through his counsel, Linda A. Clotfelter, who files this Emergency Petition for Special Relief in support thereof states the following: 1. Petitioner is Anthony J. Flick, (hereinafter "Father") an adult individual who resides at 429 Market Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent is Rachelle L. Flick, (hereinafter "Mother"), an adult individual whose current address is unknown as Mother has refused Father's repeated requests for her address. 3. The parties are the parents of two (2) minor children, namely, Hannah S. Flick, born April 11, 2000, age six (6) years; Trevor E. Flick, born February 20, 2002, age four (4) years (hereinafter referred to collectively as the "Children"). Mother has another child, Chelsea King, age 13 years, who is not the subject of this proceeding. 4. A Complaint in Divorce and a Complaint for Custody were filed by Mother on June 9, 2006 and a conciliation conference is scheduled for July 14, 2006 before Dawn Sunday, Esquire. 5. For the past few days Father has had custody of the Children and Father has custody at this time. 6. This past Saturday, July 1, 2006, without any notice to Father and after lying to Father in an attempt to keep him from the marital residence, Mother moved much of the parties' personal property from the marital residence and left it in a shambles. 7. The marital residence is Father's premarital property and it has been the Children's home for the past four (4) years. 8. Mother has refused Father's repeated requests for her residential address yet Mother has repeatedly demanded that Father relinquish custody of the Children to Mother. Mother and Mother's counsel have demanded the Children and have also threatened police action against Father and the paternal grandparents who are assisting Father since Mother's abandonment of the marital residence. 9. Mother has kept the parties' minivan (solely in Father's name) hidden and Father fears that she is doing that so that it is available for her to use to flee with the Children. 10. Father is terrified that Mother will take the Children from the state, possibly to Arizona because that is where her family is located and she did something similar last summer. 11. In early June, 2005, Mother took the Children (and Mother's other child, Chelsea King) for a trip out west that was to be approximately two (2) weeks. The purpose of the trip was to see Mother's dying relative and father in Oregon as well as Mother's mother in Arizona. 12. Mother did not return to Pennsylvania after two (2) weeks as was intended, and Father made repeated, frantic calls to Mother in Arizona to try to get her to return to Pennsylvania with the Children, but Mother refused. 13. Mother retained the Children in Arizona and kept them from thei; Father against his wishes, for approximately two (2) months until just a couple of days before the school year started in late August, 2005. Mother did not see her father or her dying relative, which was the alleged primary purpose of the trip. 14. When the parties had marital issues recently, Mother immediately contacted her mother in Arizona who became involved and Mother has also recently stated to Father repeatedly that she does not wish to remain in Pennsylvania. 15. In the chaos left in the trashed home after Mother's move, Father found a note in a birthday card to Mother's daughter Chelsea from her grandmother in Arizona suggesting things that they would do when she and the Children are in Arizona this summer. A true and correct copy of said card is attached hereto as Exhibit "A" and is incorporated herein. 16. Mother has permitted her child, Chelsea, to use obscenities directed to Father and in referring to Father in the presence of the Children and otherwise, and Father is concerned that absent a court order addressing that issue, Mother and Chelsea will continue to flagrantly disrespect Father using obscenities in the presence of the Children and in such a way that it will permanently damage the Children's love and respect for their father. True and correct copies of notes in Chelsea's handwriting and a photo of a message left at the marital residence this Saturday when Mother and Chelsea moved is attached hereto as Exhibit "B" and are incorporated herein as if full y set forth. 17. Father now seeks a court order prohibiting both parties from removing the Children from the Commonwealth of Pennsylvania and granting him temporary physical custody of the Children until the custody conciliation scheduled for July 14, 2006. WHEREFORE, Petitioner, Anthony J. Flick, respectfully requests that this Honorable Court enter a temporary order prohibiting both parties from removing the Children from the Commonwealth of Pennsylvania; granting Petitioner physical custody of the Children until the custody conciliation scheduled for July 14, 2006; and granting such other such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: -, J:JI D /.; . I Li a A. Clotfelter, Esquire At rney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner VERIFICATION I, ANTHONY J. FLICK, verify that the statements in the foregoing EMERGENCY PETITION FOR SPECIAL RELIEF 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. S 4904, relating to unsworn falsification to authorities. Date: 7/3/00 . ANTHONY IfOdtlLf j/f 6J/JJ (tit!Stflt ,(!(J~ 7\ -I ' /1' ~#14~ ~k ~ V 0~/ '/P//,vY' ~ ~. jtiI.J<e tPft' ! /. ::;~~ &K~~%~ p,-p;td, @ ~ ~K~ q~ ~ ~~cb 611. ~ #~)~ , ...' It ~ 5 /..-/;:;;;p ~ p-- ~~~~'7~ I.;tv-~/ dkj-f/fICW::::I ~;::;;? cf!~1 }. ~ III <fJ (}f{) ff' <0, (: (I " · 1;/., V' &P Jj, ~ IS:Y r' h"o\Mr "ar ola.,r..;(1t< 'Pl \ '3 0 but s\i\\ 'M-~ :.~ 0 ;;r<I~r<' -r,rrl\.O<1! r \ ;;--: ~ 't-Ia'r\'1 --'mr\ho.a suJ€et/te. V y./ (} ~o"'~ I D LA. C.\\.e \SQo.. (0000 \Yl u,dto ~t\\&\1 ~ - ,- p:,' - G((fllY\PS ~ GKM\.') ---------- EXHIBIT I \\ e/ r.---.-..._-,....~! ! I ! ~.'<-........'..._......A..._ " ~)J 1\" ~ J *' " I CD ~IJ 0? J ) '" , " , -----!--~,._-- - ----r==j ---~-~-- -/--)--/\ ,------ - -_._,-- -- - --- ,- - -----+------,--- -l~--....-.,,-- .~-"-...-.--- . ---~--- ___~-, i _ \-.-..--~~--.f----------,..,.-...- ----1--'''- .-------";..- _... -...-.--..-- , , r----.~-._.-.- ---. .--t-.------.~--._-.-... ----\"---------.'.--..... ---~.....---_._._. --..----_.~-~- , _1__.,.____ _______ RACHELLE L. FLICK, Plaintiff,/Respondent vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006.3296 CIVIL TERM ANTHONY J. FLICK, Petitioner/Defendant : CIVIL ACTION . LAW : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this 3rd day of July, 2006, the undersigned hereby certifies that a true and correct copy of the foregoing Emergency Petition for Special Relief was served upon the opposing party by United States First Class Mail, postage prepaid: Shana M. Pugh, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, P A 17011 (VIA FACSIMILE AND FIRST CLASS MAlL POSTAGE PREPAlD) Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire A orney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner II RACHELLE 1. FLICK, PlaintiffJPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, : CIVIL ACTION-LAW DefendantlRespondent: IN DIVORCE AND CUSTODY EMERGENCY PETITION FOR RELIEF AND NOW comes Petitioner, Rachelle 1. Flick, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr. LLC, who files this Emergency Petition for Special Relief and in support thereof avers the following: I. Petitioner is Rachelle 1. Flick, an individual who resides at 841 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Respondent is Anthony J. Flick, an adult individual who resides at 429 Market Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The parties are the parents of two minor children, Hannah S. Flick, born April 11, 200, age six; and Trevor E. Flick, born February 20, 2002, age four. The Mother has another child from a prior relationship, Chelsea King, age thirteen, who is not the subject of the current custody dispute. 4. A complaint in Divorce and a Complaint for Custody were filed by Mother on June 9, 2006. A conciliation conference is scheduled for July 14,2006, before Dawn Sunday, Esquire. S. An Emergency Petition for Special Relief was filed on July 3,2006, by Father/Respondent, attached hereto as Exhibit "A" and incorporated herein. 6. On July 3, 2006, the Honorable Edward E. Guido granted a Temporary Order preventing either party from removing Hannah and Trevor Flick from the state of Pennsylvania, attached hereto as Exhibit "B" and incorporated herein. 7. Father has had physical custody of the children since July 2, 2006. 8. Father has refused to allow the children to see their mother, stating that he would not do so until Mother revealed her current address to him. 9. Until this point, Mother has refused to reveal her address to Father for fear that Father would harass her and her daughter, Chelsea King. 10. The New Cumberland Police Department was summoned to the parties' marital home on four occasions this year for domestic disputes. 11. The incident numbers for the disputes are: 06-04-162; 06-04-191; 06-05-341; 06- 06-315. Mother's counsel was unable to subpoena said reports prior to filing this petition. 12. The most recent call to the New Cumberland Police Department was made by Chelsea King because Respondent allegedly threw a chair at her. The chair did not make contact with Chelsea King. 13. The acts of Chelsea King as alleged in Father's Emergency Petition are not a sufficient basis to deny Mother contact with her children. 14. Mother has not been away from Hannah and Trevor Flick since the day of their births, save for the past week in which the Father refuses to allow Mother to see the Children. 15. The children are frightened by the unnecessary lack of physical contact with their mother. 16. Respondent alleges Mother is planning on removing the children from the State of Pennsylvania, however this is a falsity. II 17. Mother has signed a residential lease for the period July 2, 2006 to June 30, 2007, evidencing her intent to remain in the State with her children. The lease is attached hereto as Exhibit "c" and incorporated herein. 18. The paternal grandmother is babysitting Hannah and Trevor Flick during the hours that Father is working even though Mother is available during those hours to care for her children. WHEREFORE, Petitioner, Rachelle 1. Flick, respectfully requests this Honorable Court enter a temporary order prohibiting both parties from removing Hannah and Trevor Flick from the State of Pennsylvania and granting Petitioner primary physical custody of the children with liberal visitation by Respondent. Respectfully submitted, Shana M. Pugh, Esq . 2108 Market Street Camp Hill, Pennsylvania, 17011 lD# 200952 Tel. (717) 763-1800 Date:~ II 17. The paternal grandmother is babysitting Hannah and Trevor Flick during the hours that Father is working even though Mother is available during those hours to care for her children. WHEREFORE, Petitioner, Rachelle L. Flick, respectfully requests this Honorable Court enter a temporary order prohibiting both parties from removing Hannah and Trevor Flick from the State of Pennsylvania and granting Petitioner primary physical custody of the children with liberal visitation by Respondent. Respectfully submitted, Date'{)141 f2l.(l II RACHELLE 1. FLICK, Plaintiff/Petitioner : INTHE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, : CIVIL ACTION-LAW Defendant/Respondent : IN DIVORCE AND CUSTODY ATTORNEY VERIFICATION ATTORNEY VERIFICATION The undersigned attorney hereby verifies and states that: 1. She is the attorney for Rachelle 1. Flick. 2. She is authorized to make this verification on behalf of the client; 3. The facts set forth in the foregoing are known to her and not necessarily to her client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing are true and correct to the best of her knowledge, information, and belief; and 7. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. Date~ ~~ ShanaM.Pugh,Esqwe 2108 Market St., Aztec Building Camp Hill, P A 17011 Id. No. 200952 Tel. No. (717)763-1800 - RACHELLE 1. FLICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, Defendant : CIVIL ACTION- AT LAW-IN DIVORCE C.RRTTFTCATF OF SRRVTC.F I, Shana M. Pugh, Esquire, hereby certifY that on the below-noted date, served a true and correct copy of the foregoing PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: Linda A. Clotfelter, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 Date61~O' rc5tf S ana . Pugh, Esquire 2108 Market Street, Aztec 'Iding Camp Hill, Pennsylvania 17011-4706 ID# 200952 Tel. (717) 763-1800 t Xh\bJtA- '..""" ,,:.1.", vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3296 CIVIL TERM RACHELLE L. FLICK, Plaintiff,/Respondent ANTHONY J. FLICK, Petitioner/Defendant o ...., (,.~~ c:::> 0 _ ~ -r; ,,;:> c..- ~ ri~' i- : c- -'-- =-0_:.. f"::': fl1i1l c~,) 1;g 2J l'~~l- W ~:~~(~J -I:::. V .r~-,'.t - :J:; 9,=,;I2 i~ ,}~: ~ L~ rn L j::.: AND NOW, comes Petitioner, Anthony J. Flick, by and through his counsif, Li~a it~ : CIVIL ACTION -LAW : IN DIVORCE AND CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF Clotfelter, who files this Emergency Petition for Special Relief in support thereof states the following: 1. Petitioner is Anthony J. Flick, (hereinafter "Father") an adult individual who resides at 429 Market Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent is Rachelle L. Flick, (hereinafter "Mother"), an adult individual whose current address is unknown as Mother has refused Father's repeated requests for her address. 3. The parties are the parents of two (2) minor children, namely, Hannah S. Flick, born April 11, 2000, age six (6) years; Trevor E. Flick, born February 20, 2002, age four (4) years (hereinafter referred to collectively as the "Children"). Mother has another child, Chelsea King, age 13 years, who is not the subject of this proceeding. 4. A Complaint in Divorce and a Complaint for Custody were filed by Mother on June 9, 2006 and a conciliation conference is scheduled for July 14, 2006 before Dawn Sunday, Esquire. 5. For the past few days Father has had custody of the Children and Father has custody at this time. 6. This past Saturday, July 1, 2006, without any notice to Father and after lying to Father in an attempt to keep him from the marital residence, Mother moved much of the parties' personal property from the marital residence and left it in a shambles. 7. The marital residence is Father's premarital property and it has been the Children's home for the past four (4) years. 8. Mother has refused Pather's repeated requests for her residential address yet Mother has repeatedly demanded that Pather relinquish custody of the Children to Mother. Mother and Mother's counsel have demanded the Children and have also threatened police action against Pather and the paternal grandparents who are assisting Pather since Mother's abandonment of the marital residence. 9. Mother has kept the parties' minivan (solely in Pather's name) hidden and Pather fears that she is doing that so that it is available for her to use to flee with the Children. 10. Pather is terrified that Mother will take the Children from the state, possibly to Arizona because that is where her family is located and she did something siInilar last summer. 11. In early June, 2005, Mother took the Children (and Mother's other child, Chelsea King) for a trip out west that was to be approximately two (2) weeks. The purpose of the trip was to see Mother's dying relative and father in Oregon as well as Mother's mother in Arizona. 12. Mother did not return to Pennsylvania after two (2) weeks as was intended, and Pather made repeated, frantic calls to Mother in Arizona to try to get her to return to Pennsylvania with the Children, but Mother refused. 13. Mother retained the Children in Arizona and kept them from their Father against his wishes, for approximately two (2) months until just a couple of days before the school year started in late August, 2005. Mother did not see her father or her dying relative, which was the alleged primary purpose of the trip. 14. When the parties had marital issues recently, Mother immediately contacted her mother in Arizona who became involved and Mother has also recently stated to Father repeatedly that she does not wish to remain in Pennsylvania. 15. In the chaos left in the trashed home after Mother's move, Father found a note in a birthday card to Mother's daughter Chelsea from her grandmother in Arizona suggesting things that they would do when she and the Children are in Arizona this summer. A true and correct copy of said card is attached hereto as Exhibit "A" and is incorporated herein. 16. Mother has permitted her child, Chelsea, to use obscenities directed to Father and in referring to Father in the presence of the Children and otherwise, and Father is concerned that absent a court order addressing that issue, Mother and Chelsea will continue to flagrantly disrespect Father using obscenities in the presence of the Children and in such a way that it will permanently damage the Children's love and respect for their father. True and correct copies of notes in Chelsea's handwriting and a photo of a message left at the marital residence this Saturday when Mother and Chelsea moved is attached hereto as Exhibit "B" and are incorporated herein as if fully set forth. 17. Father now seeks a court order prohibiting both parties from removing the Children from the Commonwealth of Pennsylvania and granting him temporary physical custody of the Children until the custody conciliation scheduled for July 14, 2006. WHEREFORE, Petitioner, Anthony J, Flick, respectfully requests that this Honorable Court enter a temporary order prohibiting both parties from removing the Children from the Commonwealth of Pennsylvania; granting Petitioner physical custody of the Children until the custody conciliation scheduled for July 14, 2006; and granting such other such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: 1/~ J V /.; . , L' a A. C otfelter, Esquire At rney ill No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner VERIFICATION I, ANTHONY J. FLICK, verify that the statements in the foregoing EMERGENCY PETITION FOR SPECIAL RELIEF 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. Date: 7/3/00 , ANTHONY , . 1'0 dtuj jif rf)M yUtl$c1lt / rfty;ub 7\ ;j~1 tf;;1!#l# j!;7k ~ ~;; . ':n '; pe tPft' I I JMA /J ...tJ ~ iJ.d,;;tT ~ ffi &,f, ('P''r p~ ~~ tf; ~fj: &.K ., ~ ~jP ~ /1.hnr~ 1; ~ ~ I q~ ~ ~ t'7'- q. rJlj,;V~ If:f ~J ~ _,,-'1# ~ 5 /'-1;;;; ~ p-- ~~,L A, ~~ '-:7~1 ~ /",:"u?W ~' fl,41L , c:tM- ;; \ #~/~ 1~~' /(1 . , , 1ft ~ I (3:Y ~' Ano'tl\'. 1". OIM.".{'" 13l \ '3 0 \ \ I \ ~s~'M~~ '<.0 '1or<\bs'W"" '1,..\'<.O.1! f f ;.--- ~ - !-ta\,\'1 13!r\ho.a suJeeThec V W G L--O"'e.- / 0 U. C. Y\.e.ls t 0.. <0(70'0 exK'~'" 1 " M,' ~. EXHIBIT I \\ e/ I: I' I I I' II r'~--~'''-"'Th 'I." t? I I . J-i.,.'~;~.........w.- I r---''''-1 . " I " ',' I. , , , l.i,,-,,,,.~..~~....",~_*,........Jl , ..., " ", Gb ~ ~I ;;'0., " I ~I~ ct d j; ;;'0. ",- ", " ". 1',_ ~ 1 ! . , ..J, '" ) - _L-___~_,_ ~ , , . RACHELLE L. FLICK, Plaintiff,lRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . VS. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, Petitioner/Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this 3rd day of July, 2006, the undersigned hereby certifies that a true and correct copy of the foregoing Emergency Petition for Special Relief was served upon the opposing party by United States First Class Mail, postage prepaid: Shana M. Pugh, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, PA 17011 (VIA FACSIMILE AND FIRST CLASS MAIL POSTAGE PREPAID) Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire A omey ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner ~)(k\bi+ 13 . . RECEIVED JUL 0 3 !006 K . , RACHELLE L. FLICK, Plaintiff,/Respondent vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERlAND COUNTY, PENNSYLVANIA : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, Petitioner/Defendant : CIVIL ACTION . LAW : IN DIVORCE AND CUSTODY TEMPORARY ORDER r-J... AND NOW, this L day of July, 2006, upon consideration of Defendant's Emergency Petition for Special Relief regarding Hannah S. Flick, born April 11, 2000, age six (6) years and Trevor E. Flick, born February 20. 2002, age four (4) years, it is hereby ORDERED that neither party shall remove the children from the Commonwealth of Pennsylvania;. and it is furlhir ORDISRIH) that Darenda-Ill, A.J.ltilVll] J. FHek sl=1all ha"i tiHlpgr:uy pb.rC';I"'~l cn~tnily nf tile- ('hildreR b..d.la tll\,.o ",vJ.l",a~al~vu \".uul'erence scnedulcd fur JUly 14, ~OOO, VI ullt~l fuldl'! arair af (,(,\llTt BY THE COURT, 1"Mf! COPY FROM RECORD ,,. l'$S!lmony Whereof. II'1er8 UfltO set my ha\~ ,i tha seal d said ~r1lste. Pa.. ,;~ it~ [).MCJC, Prothonota~ IS(~ ~ h{,:-4- / J , . -t-:',;" f-)(k~blt f:-, ~7/07/208b 05:57 818',52098' ZACKRISON PAI:E 2,2 Residential Lease Agreement This is a Lease. Today's date is: "Tv" €.. ;;1.9 t 'M)(J" Tile Landlord is; f<8N 'TAN J"l The Tenant(s) are: R ~ RIel=- The rented property is: 'ii'll 1Jf$c..jft.. C~f"I,..,.I.J{}" The LlllId10rd and Teuant(s) are legally respol\5ible to follow the terms oftms Lease, Landlord and Tellllllt(s) \IIIderstand that this is a legal COlllraCt, and may seek and attorney's opinion before signing it. 1. TERM OF LEASE: This Lease will begin on 1V L t {.). ~.l2P" , and end at the midnight on ]'IIJia ~ 0, ~(ll . This Lease will not ~w itselfwithoul both Landlord and Tenant(s) agreeing to thercnewal in writiug. lfTenant(s) continue to ~~upy the property after1hc Lell3e enih IlI1d Landlord agrees to the continued occupancy, this Lease will be cl(tended only on a month to month basis. 2. ENDING TIlE LEASE EAlij' y, Tel18Ilt(s) may end this Lease al tfle endofwrycalemJar month. for any reason. befo~ the Lease ends, only by doing the following; a.) Givina Llmdlord lU least thirty (30) days written in notice. b.) Paying any money due to the Landlord up tot he ending dale, including rent, late charges, damaaes or any other sum tbc law allows the Landlord to collect. c.) Paying to Lwdlord two (2) months rent as additional (liqllidated) damages. lfeither the LImd10rd or Tcnant(s) fail or refuse to do anything requited by this Lease, then tIult party has broken the Lease lUld the other party my enforce this Lease according to Pennsylvania law. This could Inc]u~ ending the Lease and! or suing the party that failed to perform for IOilSe8 and dan1l!gcs. 3. BREAKING THF; LEASE: Tenant(s) have broken the Lease ifTenant(s): a.) Fail to pay rent when it is due, b.) Fail to pay to J.andlord any other sum when it Is due. c.) Break any provisions of this Lease, inclUding till: Rules and Regullloons. d.) Move themselves or their possessioms from the premises before paying to Landlord all charge. due to the end of the Lease. e.) Fail to move themselves or tbcir possessiom from the premises at Ihe end of the Lease. f.) Do any act which is not a1lo~ in this Lease. g.) Not do lUly act which is required in this Lease. h.) Do any act on the premises whIch Is against any local, state or federal law. ~7i07/20~6 09:57 81S952e984 Z4CKRISJ" PACE C; 4. ~DLORD'S REMEDIES: IfTenant(s) brell.\( tile Lease, Landlord may, in addition to any other remedies allowed by the law: a.) End this Lease. Landlord must give Tenant(s) three (3) days written notice ~fore starting any legal action to have Tenant(s) evicted for breaking the Lease for any reMon. Telf(Uf/(s) ""dentand tllm tilt!)' are 1M", up their rtpts to /lllJI Fiflull (IS). thirty (10) or IIl11e/y (90) day "otkes tdlowed IIIIder Pennsylvania Landlord.Tenant Lllw. b.) Demand immediate payment in full for all charges, including but not limited to: relit due. additional rental and charies reserved for the remainder of fue unexpired lease term, late fees. damalleB, filing fees, and two months rent as additional (ltqutdQted) damages. c.) Have the courts take the TcrlIlllt(s) property and sell it to pay any debts owed by Tenant(s) to Landlord. d) Sue Tenant(s) for additiollll1 darnalle5. costs, expenses and reasonable attorney's fees. 5. ~: Tel18llt(s) a~ to pay to Landlord monthly rent aU 875.00. Tenant(s) agree to pay the monthly rent in lldvance by the fIrSt day of each month. Ifnat paid by the first, Tellant(s) aaree to pay to Landlord $3.00 per day for added administrative costs, expenses and damages, beginning on the seroM day qf each momh. until all char&es arc paid in full, Teumt(s) UIldcrstaDll that the monthly rent is due by the first of each month even though TeDllllt(s) will aot reecivc a bill or invoice, Tenants(s) agree thilt the rent is not considered paid until it is received by the Landlord personally or delivered to Landl.ord's address by prepaid first class mail. The postmark is collSidered the date received if mailed. 6. SECURITY QlPOSIT: Tenant(s) will pay security deposit ()f91~.OO to Landlord. Landlord will hold the deposit as security for: . a.) Payment of Rent b.) Payment of any other sum due from Tenant(s) to Landlord, c.) Charges for dlllllilies caused by Tellallt(s), TllIWIt(s) family or Tenant(s) guests. If no dlllDage to the pmpmy tllCtt all deposit monies will be returned. d.) Tenant(s) must pay to have C8Ipcts professionaUy cleaned bc(ore they exit the property, tftbis is not done then a reasonable fee will be taken from dul sec::uril)' deposit tll appropriately clean the residence. TCllIIllt(S) lUllierstand that Tenant(s) mAY not apply the deposit aaainst rent at any o1her money due to LlIIldlord. TenBIJt(s) will pay the rent by the fllSt of each month, including the last month of the lewe term. Landlord will refund the deposit, less any sum due on Tenant(s) lICCO\lJ1t, only cn the following tenns: 07/07/2e35 0=:57 818852098~ ZACKRlSON PAGE 04 a.) By check payable to all persons sllPlina this Lease Agreement. b.) After Tenant(s) leave the property lllld return all keys. c.) After Tenanl~s) give to Landlord their forwarding slrMt address in writing. d.) W\1hin thirty (30) days of the ending of the Lease Agreement. 7. POSSESSION: T enant( s) agree that if Landlord cannot give T enant(s) possession because a previous Tenant(s) have not moved out wilen their lease has l:nded, or because of any reason beyond the reas-onable control of the Landlord, then Tetwrt(s) charge rent until Landlord can give substantia.! posses~on. All other terms of this Lease will remain in effect. 8. USE OF PROPEIQ')': TCOIIlIIIt(s) lI&I"ee to use the property only for the principle residence of Tenanl(a) and those listed on Landlord's R=.ta.l Application. Tenant(s) agrtIC not to do or pe:rmit any act or practice which: ll.) Injures the building or anyone on the property. b.) Disturbs other residents or neighbors of the property. c.) Adversely affects the insurance on the property. d.) Is against any loca1. state or fedcrallaw. 9. CARE OF PROPEB1:X: Tenant(s) will not misuse or mistreat any part ofLllndlord's propcny, including applillllCes and common areas. Tcnant(s) further aaree to: a.) Give: notice to Landlord,ln writin&, of the: need for any repairs. Landlord win make neces!Wy repairs to the property within a reasonable period of time. b.) Pay for any repairs to LlIJIdlord's property DeCeUltated by any act or lack of care on the part of Tenam(s), Tenant(s) fiunily or visitors. c.) Leave the property, Including appliances and floor coverin&" clean when moving Ollt. d) Tc:nant(s) '\I,ill be: re8poDlliblc for maintaining the lawn care and removing snow from sidewa1lt in front of property. 10. DAMAGE BY FIRE: If the propeJ'ly is damages by fire or other mishap, Landlord will repair it within a reasonable time. R=.l will \1Ontinue unless the damage makes the property Wlinhabitable. If the projlClrty becomes uninhabitable, Tenant(s) may move oul and end the Lease. Tenant(s) must fust pay all rent and <:lulfies due to the date tile propeny is surrendered. II. INS DRANe!;: Landlord may iosW'C the property 3i8inst tire IlDd other casualty. in<:ludin& liability coverage for injwy or damlge occUl'l'ina within common areas of the property. Landlord is aot responsible for the loss or damage to Tenant(s) possessions on or about the property, Tenam(s) must tint pay all rent and charges due to the date the propeJ'ly is sunendered. 12. PRIORITY OF LEASE: The Landlord may now or at some time in the future place a mortgage ag.Unst the property. Tellllllt(s) rights or posstsaion in this Lease are subje<:t to any su"h mortgage lien, incJudina extensions or renewals. Tenant(s) possessions on or about the 67!Bl/20as 05:57 818952~980 lACk.RISON PAGE 05 property, Tenant(s) are advised to obtain a "Renter's Insurance Policy" for Tenant(s) . protection against Ion and liability. 13. TRANSER AND SUBLETTING: Tcnant(s) will not tranBfer or sublet this property without first obtaining lbe written COll6el1t of Landlord. 14. UTWTIl(~; Landlord and Tenanl(s) are responsible to pay fur utilitics and charges as follows; Ten.llt(.) iJ nspoDJible for all utiUty bills pertaiau.1 to tile aforementioned property. Utilities and municipal serviccs billed in Landlord's name which are the fesp<Jll5ibility of Tenant(s) incl\lde: NONE. Tcnant(s) will pay for utilities and such municipal services, inclllliini late fees and penalties caused by Tenant(s) late payment,. within seven (7) days of billing by Landlord. All such fec.os IlIe considered additional rent. 15. ENTRY BY LANDLORD: Landlord or anyone allowed by Landlord has the right to enter the property at reaaonAble times fer the pIlIpOlIC of: a.) lnspectina the Property. b.) Makina repairs or alterations a~ needed. c.) Enforcing this Lease, d.) Showing the property to prospective purchasers or temmt(s). 16. BAD CHECKS: T enant(s) will be: charged II :520.00 fee for any check retlllllcd to Landlord because of "Insufficient FuOOs," because the account has been closed, or because t h.ere is a technical defect in the ch.eck. In addition, TetWlt(.) will be responsible for any and all charges incurred by Landlord from Landlord's banldna inatitution beca1.lJe of the bad check. 17. RULFii AND REGULATIONS: Tenant(s) agree that they, their family and guests will oby the Rules and Reglllauioos attached to and made pllrt of this Lease. J 8. NpN-WAIVER OF REMEDIES: Tenant(s) aaree that if Landlord. accepts rent or any other charges lifter they are due, or ifLandlord does not insist on thll strict perfonnance of any otbl:r tenn& of this Lease, this will not be considered a waivor of the right to insist on the strict perfonnance of any t.em1 or condition of Ims Lease in the future. Landlord may selecthely lIIId inconsistently, for any relWm, enforce or waive remedies available to LllIldlord without establishing future poliey. 19. JOINT AND SEVF:RAL LIABILITY: Tenant(s) underslllnd lIIId agree that this Lea.'lC AgreemenllUld all of Its provisions may be eoforcec1 against all Tenant(s) who sien it. Landlord may inconsistently and selectively enforce any part or lbe entire Lease Agreement against any Tenant individually or against any oombinatlon of TC!DlIll.ts together. 07/07/20~6 0=:57 8189520984 ZACKRlSON ~AGE IjS Signed and 8lVfled to this 2.<f" day of Jill'('; tlU T ena.nt (Print & Sign): , intendini to be legally bound: Tenant (I;:\ll;t & Sign): Q _ . ~)1PJ{., fJidt..- ';JJ",<.J.dJr -'d~(/C . Landlord (Print & Sign): ~11"7)IJJ1.J(., 5P:iii!p ReDt aad COlDlDulliealloDl may be IeDt to: 330 Soutll Mealor Av., Uait 13Z, Pasadena, CA 91106 Rules and Regulations I.) NO NOISE: Tenant(s), including TenaIlt(s) family and guests, will not do anything Of make nay noise Of conduct themselves in a way that interferes with the rights, oomforts or conveniences of any other neiahbot. MusiClll or sound reprooucina instruments or sinlilli witllln the property will be inaudible outside the ptOpcorty between 10;00 pm each night and 8;00 am the following momina. vJ" fl/rZ./) ~ 2) NO PETS: No kept lit LIladlord's properly ~ut ~ord's prior written pennission. belonaiDg to Tel1lII1t(s) and to othm. for any pcoriod of time. Ifany pet is keJ'! s) without Landlord's permbsioll. Tenant(s) shall pay an additional rent of $50.00 pe h for each ftall or partial month. This paymeDt dOli Dot m tbat LaDdIord mu.t all 3.) ADDITIONAL PERSONS: In the event \bat additional petSOlU DOt listed on the Landlord', Rental Application shill live in the property. Il f(le ofSSO.OO per ])CrliOn per month for each full or partilll month shall be paid by T~tIlII1t(s). Tills payment does Dot dieaD that Landlord alu.t allow addltio.a' TeaanC(.). 4.) TRASH; All truhand rubbish is to be placed in plastic bais inside containers. and conuilUl1'S to be provided by Landlord. TCllllnt{s) arc: responsible for obeying all state and lotal recycllDg laws. 3.) CONDITION OF DWELLING: Tcnant(s) shall keep the dwelling in good all sanitary condition at all tUnes. 117/87/20@5 0S~57 , 81S852B984 LACKRISON ?~,C-iE \37 6.) LOClQi: Tenaot(s) shall not chqe or install adliitionaJ locks without the written permission of Landloro. A damage fee ofSSO.OO per lock will be clw:~ tor MY keys not returned at the end (lfthe Lease. 7.) HEATERS: Tenant(s) are not pcnnittcd to use any kerosene or space heaters in the property. 8,) TOXIC. HAZARDOUS'" U,AMMABLE SVDST AN~S: Tenant($) shall not store or permit to be stored on the property any toxic. hazardous or tlammable .uhstlmces. 9.) FIRE PROTECTION DEVICES: Landlord will inslall and maintain the fire prevention, protection and warning dc:vices in the property. Tenant(s) will not interfere with or disable any such equipment. Tenant(s) are respllllSibte for verifying that all such equipment is opCll'lltional at all times. TelWlt(s) will repliWe batteries when needed and tell Landlord Immediately when such equipment is not functionilli. needs to be repaired or hllB been taropmd with. 10.) NO W A TERBED5: Tenant(s) will not have waterbeds on the property without the prior written permission of Landlord. If allowed to have a llt"8terbed, Tenant( 5) remain responsible for~' and ill damage Cll\llIed by Tenant's waterbed. Tenant(s) will maintain a waterbed owner's insurance policy, namini llllld10rd as additional Insured. Tenant (Print &: Sign): T~rint&:Sign): ~ --1 --4Bf'.JlG/~& FlicK.. ( d7~'~ "- c_~ LandIord(pdnt&Sig!l); 1<E:~tlntf ?"'Nm J.i!~ _~.., '-'JL-~ fr', c_: r" -,-J ....1 f '-'1 :--:C . Q} , RECEIVED JUL 032000 a RACHELLE L. FLICK, Plaintiff,/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERlAND COUNTY, PENNSYLVANIA vs. : NO. 2006.3296 CIVIL TERM ANTHONY J. FLICK, PetitionerlDefendant : CIVIL ACTION . LAW : IN DIVORCE AND CUSTODY TEMPORARY ORDER AND NOW, this 3c( day of July, 2006, upon consideration of Defendant's Emergency Petition for Special Relief regarding Hannah S. Flick, born April 11, 2000, age six (6) years and Trevor E. Flick, born February 20, 2002, age four (4) years, it is hereby ORDERED that neither party shall remove the children from the Commonwealth of Pennsylvania, a...f ;1 ;~ f -wr GKf5I!l\..BB tI...lt Etafuprlq"t~ A,.,th....ny T Plir-lr ~h!:ll1 h~up. hu'''''pgrnrr }Jk}"aisul _..-.lvdy uf HIe 'OQkila..vu yul:llt"" ""v1J\"'a~allvu \,;uuft;!vu\,;v ;)du;dLti'l;;d fur Jyly 1,,(, :'886, v... yula ftu(hvI uldvl of eelirt. BY THE COURT, , J. 7-3- <.).D()~ ~ . "'-' c":;.:. ,.,~:.: c..... '-l 2i:J --{ -r f'il <- r'~ r-""- 1 W -r, t'_1 (...' T~.~ , . :;::::::'\'::J ~U~ 0 7 :t~5 i RACHELLE 1. FLICK, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, : CIVIL ACTION-LAW DefendantJRespondent : IN DIVORCE AND CUSTODY TEMPORARY ORDER AND NOW, this I ;-Uiy of July, 2006, upon consideration of Plaintiff's Emergency Petition for Special Relief regarding the parties' children, Hannah S. Flick and Trevor E. Flick, it is hereby ORDERED that neither party shall remove the children from the Commonwealth ofPennsylvani~.d;l;o feudl..., 6RBB~Q ~M Plaintiff, R~...I....1l...1. fI;...!,. -.\'ill ha..{i! t.......upvH~1J lnin~) }JRYlJjg<:lll rol1lf'tr"'~r gftlur .......11r1rpn wlth npfp.nit~nt. ^1"IIt1LR~' 1. 'Flick , hR'ltiRg Ijb~11 .q~itaQ9R~ n1"lltil t....A ('nnro~11Qtlnn ronnf'A1"Anrop. ~,..hprl111p.it for Tn1y 14 1001\ hATre '-DWYR ~~1R8&3:, E"'1w:"'",, VI. LU1.La fUJ.dl.\"'1. uld'l;;l v[ E:...........L. J. Distribution: Linda A. Clotfelter, Esquire Shana M. Pugh, Esquire . , , , , .. ,I' : II !'\' ..1 ~ '" I f '.)f'f 9l:GZ " JUL 2 02011;; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . RACHELLE L. FLICK Plaintiff vs. 06-3296 CIVIL ACTION LAW ANTHONY FLICK Defendant IN CUSTODY ORDER OF COURT AND NOW, this ;;~ day of \,.A , 2006, consideration of the attached Custody conCiliation~ IS ordered and directed as follows: upon I. The Mother, Rachelle L. Flick, and the Father, Anthony Flick, shall have shared legal custody of Hannah Flick, born April II, 2000, and Trevor Flick, born February 20,2002. 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 this paragraph. each parent shall be entitled to all records and information pertaining to the Children, including but not limited to school and medical records and information. 2. On a temporary basis, pending the follow-up conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the parties shall have physical custody ofthe Children on the following biweekly schedule: A. WEEK I: Beginning on Thursday, July 20, 2006, during alternating weeks, the Father shall have custody of the Children for four consecutive overnights from Thursday through Sunday and the Mother shall have custody for the following four consecutive overnights from Monday through Thursday. B. WEEK IT: Beginning on Friday, July 28, 2006, during the interim weeks, the Father shall have custody of the Children for three consecutive overnights from Friday through Sunday and the Mother shall have custody for the following three consecutive overnights from Monday through Wednesday. C. During every week, the Father shall have custody of the Children on his two days off from work from 9:00 a.m. until 6:30 p.m. and the Mother shall have custody on all days when the Father is working from 7:00 a.m. until 4:30 p.m. In the event the Father is working on the day of an overnight period of custody, the overnight period shall begin at 4:30 p.m. and end on the next workday at 7:00 a.m. In the event the Father is not working (and therefor has custody) on the day of the Mother's overnight period of custody, the Mother's custodial period shall begin at 6:30 p.m. '" . D. Prior to July 20,2006, the Mother shall have custody of the Children from July 14 at 1 :00 p.m. through July 16 at 11 :30 a.m., the Father shall have custody from July 16 at 11 :30 a.m. through July 17 at 6:30 p.m. and the Mother shall have custody from July 17 at 6:30 p.m. through July 20 at 4:30 p.m. 3. In the event either party is unavailable to provide care for the Children during his or her period of custody for a four hour period or longer, that party shall contact the other parent to offer the opportunity to provide care for the Children during the period of unavailability before contacting third party caregivers. 4. The parties acknowledge that difficulties have arisen in the relationship between the Father and Chelsea, the Mother's daughter ofa prior relationship. While these issues are being addressed through counseling, the parties agree to take all reasonable measures to prevent contact between the Father and Chelsea until the difficulties are resolved. 5. The parties shall engage in a course of therapeutic co-parenting counseling with a professional to be selected by agreement. The purpose of the counseling shall be to develop sufficient communication and cooperation between the parties to enable them to effectively co-parent their children. The parties shall participate in a minimum of four sessions. The parties shall select the counselor and contact the counselor's office within 7 days of the custody conciliation conference to schedule the first sessions. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. 6. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn Sunday, on August 8, 2006 at 8:30 a.m. 7. Neither party shall do or say anything which is derogatory of the other parent in the presence or hearing of the Children. Both parties shall ensure that third parties having contact with the Children comply with this provision. J. Edward E. Guido cc: .xmda Clotfelter, Esquire - Counsel for Father .)fuana Pugh, Esquire - Counsel for Mother \ ,,~,fY? cS'\V 2;.:; '71 fI.,j ">.. ;,\, }'~nJ ~7 .--, ~" i '\ '" " ... ~. RACHELLE L. FLICK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-3296 CIVIL ACTION LAW ANTHONY FLICK Defendant IN CUSTODY Prior Judge: Edward E. Guido 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 subjects of this litigation is as follows: NAME DATE OF BIRTH Hannah Flick Trevor Flick April 11. 2000 February 20, 2002 2. A Custody Conciliation Conference was held on July 14, 2006, with the following individuals in attendance: the Mother, Rachelle L. Flick, with her counsel, Shana M. Pugh, Esquire, and the Father, Anthony Flick, with his counsel, Linda Clotfelter, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date~ 1;-, ~[) CA. . ~~ Dawn S. Sunday, Esquire Custody Conciliator ,., RECEIVED ) AUG 1 7 ,006 BY: IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYL V ANlA ~ RACHELLE L. FLICK Plaintiff vs. 06-3296 CNIL ACTION LAW ANTHONY FLICK Defendant IN CUSTODY ORDER OF COURT AND NOW, this .2 ,Jr day of ~ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ,a. ~A ~ r__..r;J"c. ".o:t /;t>(),-"~ , 1. A Hearing is schedule on the ,.S day of ~-- :,2006 in Courtroom No.3 of the Cumberland County Courthouse, at which time testimony will be taken. For purposes of the Hearing. the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file a memorandum with the Court and opposing counsel at least 10 days prior to the Hearing. These memoranda shall set forth each party's position on custody, a list of witnesses who are expected to be called at the Hearing and a summary of the anticipated testimony of each witness. 2. Pending the Hearing, the parties shall have custody of the Children as follows: During alternating weeks, the Father shall have custody from Sunday at 3:30 through Monday (8 days later) before school. During the interim weeks, the Mother shall have custody from Monday when school begins through the following Sunday at 3:30 p.m. During the Father's weeks, the Mother shall have custody ofthe Children every day from 8:30 a.m. through 5:00 p.m. (except as otherwise provided in this provision) when the Father gets off work or immediately after Hannah's school if the Father is not working. During every week, the Father shall have custody from Thursday at 4:30 p.m. through Friday before school. If the Father has a weekday off work and Trevor is not in school, the parties shall cooperate in scheduling additional time for the Father with Trevor. The schedule set forth in this provision shall begin with the Mother having custody on the Monday morning of the fIrst week of school. 3. Hannah shall continue to remain enrolled in the Hillside Elementary School pending the Hearing. Trevor shall attend preschool at the school selected by agreement. ~ " 4. The Mother agrees to withdraw her letter prohibiting contact between the parties to enable the parties to exchange custody directly and to communicate with regard to issues related to the Children. Edward E. Guido 1. cc: Linda Clotfelter, Esquire - Counsel for Father r '/' / /~(IJ ~ ,,,,,:-0,, Shana Pugh, Esquire - Counsel for Mother ~ " V1NltAlASNN3d A.J.Nnm f)lC'r'!il8\1'4nQ 68 :6 WV 12 5flV 9002 A!:l'vl0NOH10cd 3Hl &0 3:J1:!::lo-a31I:l , RACHELLE L. FLICK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-3296 CIVIL ACTION LAW ANTHONY FLICK Defendant IN CUSTODY Prior Judge: Edward E. Guido 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 subjects of this litigation is as follows: NAME DATE OF BIRTH Hannah Flick Trevor Flick April 11, 2000 February 20, 2002 2. A Custody Conciliation Conference was held on August 8, 2006, with the following individuals in attendance: the Mother, Rachelle L. Flick, with her counsel, Shana M. Pugh, Esquire, and the Father, Anthony Flick, with his counsel, Linda Clotfelter, Esquire. 3. After following the temporary arrangements established at the July conciliation conference for several weeks, both parties expressed their desire to have primary custody of the Children during the school year. The parties determined that the costs of a custody evaluation were prohibitive and requested instead that a hearing be scheduled on the primary custody issue. 4. These proceedings were initiated by the Mother's Complaint for custody. The parties agreed to a shared custodial schedule during the summer on a trial basis, and agreed to begin coparenting counseling in an effort to improve communications and cooperation. The parties had begun counseling by the time of the follow-up conference, but could not agree to postpone further resolution of the custodial issues until counseling had progressed further. , r 5. The Mother's position on custody is as follows: The Mother believes that the Children should reside primarily with her as she had been their primary caretaker prior to the parties' separation. In addition, the Mother indicated that the Father's work schedule requires adjustments to the schedule at times. The Mother stated that the Father calls her derogatory names in front of the Children, which is not conducive to a shared arrangement. 6. The Father's position on custody is as follows: The Father expressed concerns about injuries reported by Hannah during periods of custody with the Mother, when the Child tells him the Mother is not home. The Father does not believe the Children should be left in the care of the Mother's 13 year old daughter due to his concern about proper supervision and the acrimonious relationship which exists between the Father and the Mother's older daughter of another relationship. The Father believes that it would be detrimental to change the oldest child's school, which would be required if the Mother were to have primary custody. The Father indicated that there has been disparaging conduct towards him by the maternal grandmother during exchanges. The Father seeks primary custody of the Children. 7. The Conciliator recommends an Order in the form as attached scheduling a hearing in this matter on the issue of primary custody, and providing temporary arrangements pending the hearing. It is anticipated that the hearing will require at least one-half day. 4ufj',A- I Sf .;:) 00(, Date ~~ Custody Conciliator o RACHELLE L. FLICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, Defendant : CIVIL ACTION - LAW : AND CUSTODY JOINT STIPULATION FOR CHILD CUSTODY AND NOW, the parties, Rachelle L. Flick and Anthony J. Flick, enter into a Joint Stipulation for Child Custody in Cumberland County, Pennsylvania, with regard to their children: Hannah Flick, born Apri111, 2000, (now age 6 years) and Trevor Flick, born February 20,2002 (now age 4 years), respectfully stating in support thereof the following: 1. Plaintiff is Rachelle L. Flick, (hereinafter "Mother"), an adult individual who resides at 841 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Anthony J. Flick, (hereinafter "Father"), an adult individual who resides at 429 Market Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The parties are the natural parents of two minor children, namely, Hannah Flick, born April 11, 2000 (now age 6 years) and Trevor Flick, born February 20, 2002 (now age 4 years) (hereinafter referred to as the "Children"). 4. An Order of Court dated August 21, 2006 was entered scheduling a custody hearing and providing an interim custody schedule that was agreed upon by the parties during a custody conciliation. 5. The parties now seek to have an Order of Court entered that includes the terms of this Stipulation. 6. The parties have agreed to the following terms for custody of their children: A. LEGAL CUSTODY: The parties shall share legal custody of the Children. The parties agree that major decisions concerning their children, induding, but not necessarily limited to, each child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the best interest of the Children. Each party agrees not to impair the other party's rights to shared legal custody of the Children. Each party agrees not to attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. ~5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the Children back in school, authorizing enrollment in college, authorizing a child's driver's license or purchase of an automobile, authorizing employment, authorizing a child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. B. PHYSICAL CUSTODY: The parties shall share physical custody of the Children alternating weeks as follows: 1. Week 1: Father shall have custody of the Children on Sunday and Mother shall have custody of the Children Monday through Saturday; and 2. Week 2: Father shall have custody of the Children Sunday through Saturday, with the exception of Wednesday, which shall be Mother's period of custody. 3. Care in Absence: In the event that either party is unavailable to provide care for the Children during his or her period of custody for a four (4) hour period or longer, that party shall contact the other parent to offer the opportunity to provide care for the Children during the period of unavailability before contacting third party caregivers. 4. Holidays: The parties agree upon the following holiday schedule which shall supercede the regular custody schedule: a. Christmas. The parties agree that due to their respective family and holiday schedules, Mother shall always be entitled to celebrate Christmas with the Children on December 24th at 10:00 a.m. through December 25th at 10:00 a.m. and Father shall always be entitled to celebrate Christmas with the Children on December 25th at 10:00 a.m. through December 26th at 10:00 a.m. It is also agreed by the parties that they shall try to be flexible in the Christmas holiday schedule due to their ever-changing work schedules. b. Easter. The parties agree that Mother shall always be entitled to Easter with the Children from 8:00 a.m. through 7:00 p.m. c. Other Holidays. The parties agree to alternate the following holidays: Memorial Day, July Fourth, Labor Day, Halloween and Thanksgiving. Mother shall have Memorial Day, Labor Day and Thanksgiving in 2006 and subsequent even years and Father shall have July Fourth and Halloween. The schedule will reverse in odd numbered years. The holiday custody period shall be from 8:00 a.m. through 7:00 p.m. on the day of the holiday. d. Mothers/Fathers Day. Mother shall have custody on Mother's Day and Father shall have custody on Father's Day. The holiday custody period shall be from 8:00 a.m. through 7:00 p.m. on the day of the holiday. e. Birthdays. The parties agree that they shall alternate annually the right to have physical custody of each child in his or her birthday. Mother shall be entitled to custody of Trevor on his birthday in odd years, Father shall be entitled to custody of Trevor on his birthday in even years, Father shall have custody of Hannah on her birthday in odd years, and Mother shall have custody of Hannah in even years. The times for the birthday periods of custody shall be as mutually agreed upon by the parties. 5. Vacations. The parties agree that each party shall be entitled to two (2) nonconsecutive weeks during the summer for the purpose of vacations upon at least thirty (30) days' written notice to the other party. Upon a scheduling conflict for vacations, the party first giving notice shall prevail. C. Unless otherwise agreed, the party receiving custody shall transport the Children. D. Neither party shall remove the Children more than two hundred (200) miles from Cumberland County (or permit a third party to do so) without the consent of the other parent. E. The parties acknowledge that effective communication is important in effectively co-parenting their children. Due to this fact, the parties specifically agree that both shall terminate any and all cease and desist directives between the parties and/or between the parties and a third party. It is specifically agreed that those directives not previously terminated shall immediately become ineffective upon each party's execution of this Agreement, and it is further agreed by both parties herein that they will formally terminate any and all cease and desist directives within seven (7) days of the date of execution of this Joint Stipulation for Custody. It is further agreed by both parties that neither party shall send or cause to be sent by a third party a cease and desist directive informal or otherwise to the other party at any time in the future. Furthermore, the parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. F. The parents shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the Children which might interfere with regular visitation. G. The parents shall permit and support the Children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. H. Parents should provide one another with a phone number and address where the Children may be contacted at all times, whenever reasonably possible, including but not limited to vacations and overnights with friends. 1. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. J. Each parent shall be entitled to reasonable telephone and e-mail contact with the Children when in the custody of the other parent. K. Each parent agrees not to attempt to alienate the affections of the Children from the other and will make a special conscious effort not to do so. Both parents shall establish a No-Conflict Zone for their children and refrain from making derogatory comments about the other parent in the presence of the Children and, to the extent possible, shall not permit third parties from making such comments in the presence of the Children whether the Children are sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Children to provide reports about the other parent. Communication should always take place directly between parents, without using the Children as an intermediaries. Each parent should encourage their children to send the appropriate holiday cards to the other parent. 7. This Agreement is binding and enforceable when signed by Rachelle L. Flick and Anthony J. Flick. Both parties agree that this Stipulation shall be incorporated into an Order of . the Court of Common Pleas of Cumberland County, Pennsylvania to the above-captioned docket number and they further agree that this Stipulation fully resolves any and all child custody issues between the parties. WHEREFORE, the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verify that the statements made in the foregoing Joint Stipulation for Child Custody are true and correct to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. WITNESSES: ~ \ / ~~.~ dor ANTHONY J. ~ICK ~ .-( ,..,;) <::::> c::;:> Q" (/.) rrl -0 1'':> N -0 :3: .;::- N r-.:: o -n I!:D n1, -om i~S9 _-' c'-> ?~~.i ;;~o Om -'4 ?E -< RACHELLE L. FLICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, Defendant : CIVIL ACTION - LAW : AND CUSTODY ORDER AND NOW, this JSlf.. day of ~ , 2006, upon consideration of the Joint Stipulation of Custody, the Court hereby incorporates the Stipulation by reference into this Order of Court. , J. , -\ICI.\' n..l '1\\>'\\'};\ rV~~'\~'..'\"\:::'::-;1 _ ,-"." ,'\l',l"'Ir'\ \.....,....' \ . ..," ,,,,,,..,'" ~\ \.../ t \ "." "..; . ' " ," ,.' f\..)..\ '~\ \~" . \l \ : \I \\~ 'l7.c\1S ~Illl~ ~\:l'!i.O"'Jr\)'OO<l ,r\l. ~O :J)\j..\Cr-Ci31B RACHELLE L. FLICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, Defendant : CIVIL ACTION - LAW : AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 9, 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. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: q (J.,/ / O~ / / () C '"? :f..;;r... i~' ~~~~ ~ ~ r-.> <::::> = <:::T" (/) f'T\ "'"U N \.0 s;~ .-1 :r: -rt Q'l;::;:: ~ltD, ~~~ ".' ;-~ ~~~ :~::.::";'~ I . ' '.::1 ::0 ~< -0 ~" ...~'h-- ':;) o RACHELLE L. FLICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, Defendant : CIVIL ACTION - LAW . : AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301 eCl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: ~~f. ~/-~ o C. ~.>, >-- -()(;.- 0) \~ ~!\ r~ ~~2:. ./~ ~ r-' <:;:::J <:;:::J c;f' c.I' f-r\ '-'0 o -n ...-4 "X-f'\ r\1C ~)~~- .~~. ~~A o .._A """;,)" ':9:. r" ...0 ''l:.) *~1l ~~ w .' - o RACHELLE L. FLICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, Defendant : CIVIL ACTION - LAW : AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 9, 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. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted.. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. q b%ro ( ( Date: o c <;: q; f~) ~c r-:: <..... ~t: :z: -"" " -~. ,....,;) = = 0..... (:J 11 --l -C""i ['11- IT. -or-: :;;X ~~~ ~~ ...~fS ..-p, ~~ . J> :~ (/) rTl -0 N \.0 -v -';';" -~ ...... w .. o RACHELLE L. FLICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V8. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, Defendant : CIVIL ACTION - LAW : AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301 (0 OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities, Date: q Gd O~ :;# ~ <g cf" (") C ?:' .....o(f\ ~(\ '~!)~ 12, }zS": :p~; ./:..-, :2. (/> t':. -'0 ~ -0 t'-) 10 .-' ~....,-. fl' r::: -c~, ~~J(b ':i~~, u ,_A "E: .,::! ....,;"". v:> " - c::: RACHELLE L. FLICK, Plaintiff VS. ANTHONY J. FLICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3296 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY AFFIDA VIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Anthony Flick, do hereby affirm that the original return receipt of the Complaint for Divorce that was sent to Defendant by Certified Mail, Restricted Delivery, Return Receipt Requested, which appears to contain the signature of Defendant, Anthony J. Flick, and signed on June 13, 2006, is set forth below, The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. ~4904 relating to unsworn falsification to authorities. . Complete items 1, 2, and 3. AIao complete Item 4 ff RestrIcted Delivery is desired. . PrInt your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front ff space permits. 1. ArtIcle Addl'ElSS&j to: fW+.1mJ' 14 tD ~ ~DJ f'r)uA~ (4 }7oSS- 2. ArtIcle Number (11Bnsfe/' fmm.mce IsbeI) PS Form 3811, February 2004 7005 0390 0006 3485 5490 "Yes Domestic Return Receipt 102595-02-M-1540 Respectfully submitted, LAW OFFICE OF LINDA A. CLOTFELTER Dated: J 0 I i-f I QV y: Li da A. Clotfelter, Esquire At orney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (71 7) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff o C. -/ -0 r~? ~;~~-: ' "r.'t ('.... -;- ~ ~ c c-: ;:~-:_ -c ---.. ...~^. ~ ,:,;:'";1' I.... ._~ ..;:::: {~J, C-:. 7C ~ .f= - \ cJ .....t RACHELLE L. FLICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this 'it"? day of October, 2006, the undersigned hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Shana M. Pugh, Esquire Law Offices of Patrick F. Lauer,Jr., LLC 2108 Market Street, Aztec Building Camp Hill, PA 17011 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Ein a A. lotfelter, Esquire Att rney ID No. 72963 50 1 East Trindle Road, Suite 1 Mechanicsburg, P A 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff (') ~-= t--..) <= c:::.> c::r" o -11 ::::! :1-/1 1TJr--'" ..-1 y o C) -I I <Jl :0 (') .~ :~f-! :~~ ::-l .J'.~ ;;0 -< -=- w ..r:-~ ( .. RACHELLE L. FLICK, Plaintiff VS. ANTHONY J. FLICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2006-3296 CML TERM : CML ACTION - LAW : AND CUSTODY . STIPULATION AND NOW, this h 1 f\'\ day of 0 Uo ~ ' 2006, the parties and counsel for the parties in the above-referenced matter hereby stipulate and agree that the Order attached hereto may be adopted as a Court Order. - M,~rI.1 Lf , Esquire M ~,,, Jl..l L 1 2107 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 Attorney ID #-209952 I g f 71 S- (717) 763-1800 telephone (717) 763-4247 facsimile . L A A. CLOTFELTER, Esquire 50 1 East Toodle Road, Suite 100 echanicsburg, Pennsylvania 17050 Attorney ID # 72963 (717) 796-1930 telephone (717) 796-1933 facsimile ~J.2?:: o c < ~g~ ;:-~f ::~?- r:" .<- ......'>-. ~..:: j;~~" >.~=.:: =~ ~ '" <= c..:::J c::ro o n -i W C) o -11 --I :r: -rl rnF ,1m ~-~~ is:!' ';,,0 C) of" --i ~ -< '--' 3: .;:- Y:> NUUUTALSETTLEMENTAGREEMENT THIS AGREEMENT, made this ~ day of ~, 2006 by and between, RACHELLE L. FUCK of Cumberland County, Pennsylvania, and ANTHONY J. FUCK, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Rachelle L. Flick, (hereinafter called "Wife") and Anthony J. Flick (hereinafter called "Husband") are husband and wife, having been lawfully married on December 20,2003; and WHEREAS, the parties hereto are the natural parents of two (2) minor children, namely, Hannah Flick, born April 11, 2000 (now age 6 years) and Trevor Flick, born February 20, 2002 (now age 4 years); and WHEREAS, the parties now live separate and apart; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another 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 these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter 1 acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Linda A. Clotfelter, Esquire, his counsel, and Wife has secured legal advice from Shana Pugh, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal 2 or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife agrees that she has filed a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania. The parties agree that they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for either party may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel obtaining a divorce decree shall supply to opposing counsel a copy of the Decree. 5. EQUITABLE DISTRIBUTION. A. Real Estate: Prior to the marriage, Husband purchased property situated at 429 Market Street, New Cumberland, Cumberland County, which served as the marital residence. The parties hereto agree that the increase in value of the residence is marital property subject to equitable distribution. Each party understands that they have the right to have an appraisal done to value the home, which would be done at their own expense; however, each party expressly waives the right to said appraisal. The parties mutually agreed that Husband shall retain sole possession of the residence free of any right, claim, title or interest of Wife. Husband shall assume all liabilities and 3 obligations in connection with the upkeep and maintenance of the property, including but not limited to payment of the real estates taxes, mortgages, assessments and homeowner's insurance. Husband shall indemnify and hold Wife harmless from any and all claims of every kind arising out of or in connection with said property. If necessary, Wife shall execute a deed conveying all her rights, title and interest in and to said real property to Husband or a Release of Marital Rights. As part of equitable distribution, Husband shall be entitled to all the equity in the home, free and clear of any claim, right, title or interest of Wife. Wife hereby relinquishes any claim, right, title and/or interest that he may have or would have in the residence, as well as any equity therein. B. Fumishines and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles. The parties currently own two (2) vehicles that were utilized during the marriage. Wife currently operates a 2005 Dodge Caravan that was purchased during the marriage, but in Husband's name alone. Husband is currently operating a 1999 Ford Taurus which the parties jointly own. The vehicle in Wife's possession is encumbered by a loan which has an approximately balance of $17,000.00. The parties hereby specifically agree that Wife shall retain, as her sole and separate property the 1999 Ford Taurus and Husband shall retain as his sole and separate property the 2005 Dodge Caravan and each party shall own their respective vehicles as designated herein, free and clear of any right, title, claim or interest of the other. Husband agrees to be fully responsible for the loan pertaining to the vehicle he is to retain. Each party further agrees that they will cooperate in transferring the titles and insurance of all vehicles to accomplish the purposes of this subparagraph. D. Pension and Retirement Benefits. Husband has a retirement account through the Federal Employees Retirement System (FERS) and a Thrift Savings Plan through his employer, the United States Postal Service, of which the increase in value during the marriage 4 may be subject to equitable distribution. Wife acknowledges she has a right to have the retirement accounts valued to determine the value of marital property; however, Wife expressly waives her right to do so. Husband shall retain as his sole and exclusive property, his interest in both his FERS retirement account and Thrift Savings Plan, free and clear of any right, claim, title, or interest of Wife. Wife hereby agrees to execute any documents necessary to effectuate the purpose of this paragraph. E. Bank Accounts. The parties hereby agree that they have divided to their mutual satisfaction all the monies situated in all bank accounts. Each party agrees that hereinafter, the accounts held in their own names or for the benefit of said party remains their sole and exclusive property, free and clear of any right, claim, title or interest of the other. F. Cash Payment. In consideration of and for Wife's waiver and relinquishment of all rights arising from the martial relationship, Husband shall pay Wife a lump sum of $22,000.00 as a rollover from Husband's Thrift Savings Plan to a similar account titled to Wife as directed by a Qualified Domestic Relations Order ("QDRO") as well as a lump sum cash payment of $2,400.00, with the cash payment occurring within seven (7) days of the date of execution of this Agreement. The parties agree that the payments to Wife as described in this Paragraph (in the form of a rollover of funds from Husband's Thrift Savings Plan and lump sum cash payment) are fair and equitable in exchange for Wife's interest in marital property herein identified, and is therefore equitable distribution, without any tax consequence to either party. G. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. H. Property to Wife. The parties agree that Wife shall own, possess, and enJoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute 5 a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Marital Debt. As previously stated, Husband shall assume full responsibility for paying off the loans associated with the marital residence and the automobile Husband is retaining as described in this Agreement. It is further agreed that each party shall assume responsibility for any liabilities in his or her respective name and shall hold the other party harmless for same. K. Liabilitv not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. L. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against 6 any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. N. Warranty as to Future Oblieations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore filed joint federal and state tax 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 and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. SUPPORT. A. ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. B. CHILD SUPPORT. TAX DEPENDENCY EXEMPTIONS. MEDICAL INSURANCE AND EDUCATIONAL EXPENSES. Husband shall pay Wife 7 child support for the support of the Children under the following terms and conditions: a. Amount: The child support shall be $638.00 per month. In deciding on that sum, the parties considered the daycare expenses of the parties and included sums on that figure to cover the costs of daycare. b. Payment Terms and commencement Date: The child support shall be payable as previously established through a proceeding initiated by Plaintiff in the Domestic Relations Section and it shall continue upon those terms. c. Termination and Adjustment: The child support payments shall continue for each Child until said Child reaches age eighteen (18) years of age or graduates from high school, which ever is later. It is also specifically agreed that when the child support for Hannah terminates, the new sum payable for Trevor shall be $319.00 per month. If at any time Wife petitions for an increase in child support, Wife shall thereby waive any and all rights to receive any portion of Husband's income tax refund as more specifically described, below. d. Payment Method: Husband shall pay the child support as previously directed through the Domestic Relations Office. e. Tax Dependency Exemptions: It is specifically agreed by the parties that Husband shall be entitled to claim both Hannah and Trevor as dependents on Husband's income tax returns for 2006 and all subsequent years and Wife agrees to sign any documentation necessary to facilitate the use of the tax dependency exemptions by Husband. It is further agreed that Wife shall be entitled to one-half (112) of Husband's income tax refund each year provided that Wife does not petition for an increase in child support. If at any time Wife petitions the court for an increase in child support, Husband shall continue to be entitled to claim the two (2) children as dependents on his tax returns with Wife taking any and all steps necessary to facilitate the use of 8 the tax dependency exemptions by Husband, but Wife shall not be entitled to any sums from Husband's income tax refund. f. Medical Insurance: Husband shall continue to provide health insurance coverage for Wife until the date of the entry of the divorce decree. Husband shall also continue to provide health insurance coverage for the parties' Children as long as they remain eligible therefor and the coverage is available to him through his employment at a reasonable cost. Any party having the insurance on the Children shall be required to provide the other party with all documentation pertaining to the insurance including, but no limited to, medical insurance cards, benefit booklets, claim submission forms, and all statements pertaining to the determination of insurance coverage as to each claim made thereurider. g. Medical Expenses: As long as the parties have shared physical custody of the Children, the parties agree to share equally any uncovered, unremimbursed medical expenses incurred for either child. If at any point one party assumes primary physical custody, then the party having custody of a child shall be responsible for the first $250.00 in uncovered, unreimbursed medical expenses incurred for that child in each calendar year, and any medical expenses in excess of that $250.00 amount per year shall be paid 50% by Wife and 50% by Husband. Each party shall pay his or her share as the medical expenses are incurred and in no event any later than thirty (30) days following a request for contribution. The amount to be paid by each party shall be determined after insurance payment is made. Any party having the insurance coverage on the Children shall be required to provide the other party with all documentation pertaining to the insurance and it is specifically agreed that this provision shall include all normal medical expenses as well as chiropractic, psychological and psychiatric expenses for the Children. 9 h. Educational Expenses. The parties each acknowledge that it is their intent to contribute to the expenses associated with the college or other post-high school education for the children, to the extent that they are financially able at the time. Such expenses would include without limitation, tuition, room and board, lab fees, miscellaneous student fees, books and student supplies, transportation expenses for summer and other school breaks, clothing, and miscellaneous spending money, however, the provisions here in acknowledging the parties intent shall not in any manner confer third party beneficiary rights unto the children for the payment of . said expenses. If applicable, both parents shall be involved in and have input into the choice of academic institution selected by the child. Further, the child will be required to apply for and use all possible grants, scholarships, and work study programs and any of their own income or assets before the parties are responsible to contribute to his or her college expenses. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming 10 the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, . all items of personal property, tangible or intangible, acquired by him. or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any 11 other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated III any way. 12 lJ 14. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Anthony Flick 429 Market Street New Cumberland, PA 17070 and to Wife, if made or addressed to the following: Rachelle Flick 841 Bosler Avenue Lemoyne, P A 17043 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 13 lJ 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 14 " . . 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. '4<~+<~~ WITNESS Me. a 15 _..:';' c..> (- :-:'1 Q..... C) ... ..,-\ 0.) o '---) ':1-, _\ :l-.-n p':;;:: \rr~ '.-' --......1 i <;;"1 , . .,t::, '-,,1" ~_ .J -""" "/S :.-<:. ...x"'''' -- (.,;'1 o ~. -/ RACHELLE L. FLICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006-3296 CML TERM ANTHONY J. FLICK, Defendant : CIVIL ACTION - LAW : AND CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on June 9, 2006. 3. Date and manner of Service of the Complaint: June 13, 2006, by Certified Mail, Return Receipt, Restricted Delivery, as evidenced by the Affidavit of Service filed on October 5, 2006. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on September 21, 2006 and filed on September 22, 2006. The Defendant's Affidavit of Consent was executed on September 20, 2006, and filed on September 22, 2006. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on September 21,2006, and said waiver was filed on September 22, 2006. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on September 20,2006, and said waiver was filed on September 22, 2006. 6. There are no related claims pending. The parties resolved the economic issues by written Marital Settlement Agreement dated September 21, 2006, which shall be incorporated but not merged into the divorce decree as per Paragraph 25 on page 15. Respectfully submitted, LAW FIRM OF LINDA A. Clotfelter Date:~ inda A. Clotfelter, Esquire ttomey LD. No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 (Telephone ) (717) 796-1933 (Facsimile) (") c: s: ..1 IT ~[:} U),. / :.c ?;.(- 5~ .::-.~ --:1 -- r-.:> = = CT' o ~) -i o --n .-t :J:-n li1 - -aF": ~~~" -\ ----:-i ~f,4 J;:: '-' ~ w o -0 -- .-J;.... c..n a .# -. f ~ RACHELLE L. FLICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006-3296 CIVIL TERM ANTHONY J. FLICK, Defendant : CIVIL ACTION - LAW : AND CUSTODY RETIREMENTBENE~TSCOURTORDER AND NOW, on this 3;#1day of f!>,J:::;i6R-r , 2006, based upon the findings set forth below, it is hereby ORDERED and DECREED; 1. This Order applies to the Thrift Savings Plan for Federal Employees. 2. The Thrift Savings Plan Participant is Anthony J. Flick. His current address is 429 Market Street, New Cumberland, P A, 17070. His Social Security Number is 354-60- 3831 and his date of birth is January 5, 1971. 3. Payee is Rachelle L. Flick, whose current address is 841 Bosler Avenue, Lemoyne, PA 17043. Her Social Security Number is 542-13-9746 and her date of birth is July 29, 1970. 4. This Order assigns to the Payee the amount equal to $22,000.00 from the Participant's Thrift Savings Plan, Account number 354603831. 5. Payee shall be responsible for any tax consequences and credits as result to the transfer required by the Order. 6. The parties are directed to timely submit all documents, including releases which are required to finalize this Order. 7. Orders and in pursuant to the authority granted in the applicable Domestic Relations Laws of Pennsylvania. 8. This Court reserves jurisdiction to issue further Order's to execute this Order. C... 9 .--~.... .~ ~ J. 7c:jE"/11 IfFpu/~} -',;nJ 'IS :2 Hd ('\_ " n\! Gf;cn c., , l'_"; 11 JUt..it., ^b\;lOi\C},!.lC~:cJ 3H1 .:10 :J~J\~~l~ K)--{J::r~li.:l f t: .+ + .+ ..+ j.i .+ + .+ i !:: i .+> .~ .1> x; + + .+:-f +: +: ~ +: +: ~~~~~+:~T.+:~+'+'+'++'~ * '-+? 1..' <!-, <~ ""', ~ :;1;- .H t ~ <.'~ .'. ~~~ .t~" i.( +. }~ ... ,}. ..- ~+'~ .~:t +> -(;> 1: t $ :t- ~ 4, 4~ 4, 1- ~ ..:...'" .. <!-' ,-(;> % * ,...:- "It:- ., <+. ,:'" :t 1. of+io )( 0(....." <;;:.'). X <~. .tfo <T'. 1- -.;,,";.. . :2' :t ~ ol'{.. "':;' ""', 1. iti if. itiif.if.if.if.if.itiif. ~ ~~~~~+.+.+.+.+.+.+.+~++.++++.+++++.++.+.++.+.+.+.+~ +.+.+~+. IN THE COURT OF COMMON PLEAS RACHELLE L. FLICK. OFCUMBERLANDCOUNTY .. :~;' t ..'~'; \ ~ , . .". .-..J. .f-" _ . -..",~ .. ~.~:--s.;,~:.. -'\:- .\oJ"_ STATE OF PENNA. 06-3296 CIVIL Plaintiff No. VERSUS ANTHONY J. FLICK. Defendant DECREE IN DIVORCE AND NOW, o~51 a3.'~Si,A, 2006 , IT IS ORDERED AND DECREED THAT RACHELLE L. FLICK P LA I NT IFF. ANTHONY J. FLICK AND , DEFEN DANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the parties' Marital Settlement Agreement dated September 21,2006, shall be incorporated purpose of enforcement, only. ATTE?!Mk~7 .-----' PROTHONOTARY ~~': .-, <t' o(:~) '(~'.. .;;. .'~;'" C:-t-' ..'., :. J. .~. 1~ ,\.,. k ~-<, 0(...... ~~.: <t:"' ,<'t"~ -.,;,. r.. ,q" '. itiitiiti .. .'....'" 4. 4,. ~~ ~,. ~+:~~+:~~+~~++'++~+++t+"'+++++++++~+++++++++~+~+T~T.+++++++T++++~> ~ff' ~ ~m: ~ 70. 1./{ ~ Jr 1-~II~.r'l "Xl').!1 ... . , ' , ....' . .' .. .. to. ..' ' .. , ...~