Flick, J. v. Flick, M.

CourtSuperior Court of Pennsylvania
DecidedAugust 5, 2025
Docket75 MDA 2025
StatusUnpublished

This text of Flick, J. v. Flick, M. (Flick, J. v. Flick, M.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flick, J. v. Flick, M., (Pa. Ct. App. 2025).

Opinion

J-S22032-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

JAMIE FLICK : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : MELINDA FLICK : No. 75 MDA 2025

Appeal from the Order Entered December 23, 2024 In the Court of Common Pleas of Lycoming County Civil Division at No(s): FC-2017-20555-DC

BEFORE: LAZARUS, P.J., BOWES, J., and STEVENS, P.J.E.*

MEMORANDUM BY STEVENS, P.J.E.: FILED: AUGUST 5, 2025

Appellant Jamie Flick (“Husband”) appeals from the December 23, 2024,

order entered in the Court of Common Pleas of Lycoming County. After a

careful review, we affirm.

The litigation in this matter arose from a divorce complaint with

contested economic issues, as well as subsequent petitions for the

enforcement of the parties’ property settlement agreement, which was

incorporated but not merged into the divorce decree. The pertinent

background is as follows.

Husband and Melinda Flick (“Wife”) were married in April of 1998, and

they separated in July of 2016. On May 4, 2017, Husband filed a complaint

____________________________________________

* Former Justice specially assigned to the Superior Court. J-S22032-25

in divorce averring the parties’ marriage is irretrievably broken. Husband

sought equitable distribution, as well as counsel fees and costs.

On June 5, 2017, Wife filed an answer with a counterclaim to Husband’s

complaint in divorce. In her counterclaim, Wife sought equitable distribution,

alimony pendente lite, alimony, and counsel fees. On October 18, 2018, the

trial court appointed a master to address divorce, equitable distribution,

alimony, counsel fees, and cost/expenses. On December 17, 2018, Wife filed

a motion to compel discovery, and on January 15, 2019, Husband filed an

Inventory and Appraisement of all property.

On October 15, 2019, the master held a hearing at which the parties

reached an agreement resolving the economic claims. On November 5, 2019,

the master filed a “Memorandum of Understanding,” which sets forth the

parties’ property settlement agreement.1 The parties acknowledged that the

Memorandum of Understanding resolved all pending economic issues between

them.

By order entered on November 5, 2019, the trial court approved the

parties’ Memorandum of Understanding. The trial court specifically indicated

that the property settlement agreement was approved and shall be

incorporated but not merged into the divorce decree. Trial Court Order, filed

11/5/19, at 1.

1The “Memorandum of Understanding” is a transcribed excerpt from the master’s hearing.

-2- J-S22032-25

Thereafter, the parties filed several petitions for contempt, which the

trial court resolved. The parties executed the necessary forms for consent to

the divorce. On November 19, 2020, the trial court entered a divorce decree.

The trial court indicated that the parties were divorced from the bonds of

matrimony, and the court reiterated that the terms of the comprehensive

property settlement agreement as set forth in the Memorandum of

Understanding reached between the parties on October 15, 2019, and

approved by the trial court on November 5, 2019, was incorporated into but

not merged with the divorce decree.

Thereafter, Wife and Husband filed petitions for contempt of the

Memorandum of Understanding. Relevantly, on March 5, 2021, the trial court

held Husband in contempt and directed him to pay Wife’s attorney’s fees. On

April 16, 2021, Wife filed a petition for contempt contending that Husband

failed to pay Wife’s attorney’s fees as directed by the trial court’s March 5,

2021, order.

On June 16, 2021, Husband filed a motion to recuse the trial court judge,

the Honorable Eric R. Linhardt, from this matter. On June 30, 2021, Judge

Linhardt granted Husband’s request for his recusal, and the matter was

assigned to the Honorable Ryan M. Tira. However, by order entered on August

26, 2021, Judge Tira recused from the matter because Wife was in a

relationship with a person with whom the Judge had a personal connection.

The matter was then assigned to the Honorable Jeffrey A. Smith, Senior Judge.

-3- J-S22032-25

Thereafter, Wife filed an amended motion for contempt of the parties’

Memorandum of Understanding, and Husband filed a motion for contempt.

Also, on October 21, 2021, Husband filed a motion to recuse Judge Smith

because Husband had “concerns” about Judge Smith’s political connections.

Judge Smith denied Husband’s motion to recuse.

On March 8, 2022, the parties entered a stipulation, which Judge Smith

approved by order filed on March 10, 2022. Specifically, the parties

acknowledged the stipulation was intended to address the then outstanding

contempt motions and petitions for enforcement of the Memorandum of

Understanding.

On September 28, 2023, Wife filed another petition to enforce the

Memorandum of Understanding. Specifically, Wife indicated that, pursuant to

the Memorandum of Understanding, she is to retain a fifty percent interest in

Husband’s fifty percent interest of the oil, gas, and mineral rights associated

with the property at 17** Lick Run Road, which is owned by Flanton

Properties.2 However, Wife contended Husband did not take the steps

necessary to transfer the allotted interest in the subsurface rights to Wife.

2 Flanton Properties is a general partnership governed by a partnership agreement dated October 19, 2010, with Christopher Branton and Husband each owning a fifty percent interest in the partnership. The surface and subsurface estate of real property located at 17** Lick Run Road is the sole asset of Flanton Properties. Pursuant to Husband’s and Wife’s Memorandum of Understanding, Husband was to receive 100% of his 50% interest in the surface rights of the property; however, Wife was to receive 50% of Husband’s 50% interest in the subsurface oil, gas, and mineral rights of the property.

-4- J-S22032-25

Wife’s September 28, 2023, petition for enforcement was assigned to

the Honorable William P. Carlucci. On December 21, 2023, Husband filed a

petition to disqualify Wife’s attorney from further matters. On February 12,

2024, Husband filed his first motion for the recusal of Judge Carlucci.

Specifically, Husband contended that Wife’s attorney’s former law firm was

the same law firm where Judge Carlucci was a partner prior to his taking the

bench. He also noted that the counsel involved in the “land deal” regarding

17** Lick Run Road was a partner of the Judge’s and Wife’s attorney’s former

law firm. Thus, Husband sought Judge Carlucci’s recusal.

By order entered on February 20, 2024, Judge Carlucci denied

Husband’s petition to disqualify Wife’s attorney. By order entered on February

21, 2024, and clarified on February 26, 2024, Judge Carlucci denied Husband’s

motion for his recusal.

By order and opinion entered on May 6, 2024, Judge Carlucci granted,

in part, Wife’s September 28, 2023, petition to enforce the Memorandum of

Understanding, and directed, in part, that the parties would return to court for

further proceedings in connection with the petition for enforcement.

Specifically, Judge Carlucci directed Mr. Branton3 to present a proposed

3 By order entered on December 5, 2023, Judge Carlucci directed that Christopher H.

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