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HomeMy WebLinkAbout07-2075CHARLOTTE TRIMBLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO.0T- 26 79'CIVIL TERM RICKY L. TRIMBLE, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CHARLOTTE E. TRIMBLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO.67• ,-o 7ACIVIL TERM RICKY L. TRIMBLE, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) AND 3001(d) OF THE DIVORCE CODE NOW comes the Plaintiff, Charlotte E. Trimble, by her attorneys, Irwin & McKnight, Esquires, and files this complaint in divorce against the Defendant, Ricky L. Trimble, representing as follows: 1. The Plaintiff is Charlotte Trimble, an adult individual residing at 25 West Main Street, Blain, Perry County, Pennsylvania 17006. 2. The Defendant is Ricky L. Trimble, an adult individual residing at 301 Belvedere Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on September 12, 1981 in Perry County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. IRWIN & McKNIGHT Y arcus A. Mc ig t, III, squire Attorney for plain 60 West Pomfret Stree Carlisle, Pennsylvania 170 717-249-2353 Supreme Court I.D. No. 25476 Date: April 13, 2007 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. 11C1.?G? ? ? RLOTTE E. TRIMBLE Date: April 13, 2007 l~r C. h l ?___a `-f a -._/ -_--? __ - ._ (7% - ?i: ' _ ? ., `"7 ?; ;? ? _ ?? .,'J ?„? CHARLOTTE TRIMBLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO.67-do ? S CIVIL TERM RICKY L. TRIMBLE, CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ?L?%Gf 0`(iGC? G RLOTTE TRIMBLE Date: April 13, 2007 O u1 ^.? iii CIO 0 -u CHARLOTTE TRIMBLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-2075 CIVIL TERM RICKY L. TRIMBLE, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Ricky Trimble, on May 7, 2007, by certified, restricted delivery mail, addressed to him at 820 Belvedere Street, Carlisle, Pennsylvania 17013, with Return Receipt Number 7004 1350 0003 7289 3600. hereof. 3. That the said receipt for certified mail is signed and attached hereto and made a part I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties o 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. C? 3 A. McKNIGHT, III, ESQUIRE for Plaintiff Date: May 8, 2007 r^ ? ¦ Compbflfi IMms 1, 2, and & Also complete ..._ J%m 4 If Rabicted Delivery Is desired. ¦ Print your name and address on the reverlte so float we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front K space permit& 1. ArWe Addressed to: MR RICKY TRIIEBLE 820 BELVEDERE STREET CARLISLE PA 17013 X /. f/,/, i???' o adcrs .V byl Y/_ Dial C? 7 D. b delmy addm a di faraat flan ram 1? ? Yea If YE8, ~ d*my addlen below: ? No 1760 3. Servfoa Typo Qkt,;erUlbd Mdf D E><prsae Mal 0 Reo dww ?W Retaam Reow for Merdaadae a Irwired MW a CAA. 2. ArtldeNurnOer 7004 1350 0003 7289 3600 (>far?srtsrAoar earMrr ? PS Form 3611, Fanuoryr 2004 Don+eeao RsMan %we" CERTIFIED MAI Doinestic Mail Only; No I For delivery information visit M1 st P $ ? 3 0 o age I D o N urulT C3 Cerdfled Fee J (? o N:? 9 p R t R F C : C3 urn e ee (Endorsement Reclu Required) ? i '6 T CO o N i C3 Restricted DeiNer Fee J y (Endorsement Required) , 7 N 40 m Total Postage & Fees $ p D p O ' I y C3 p r? 0 r..:, - a ` n ? a r- ?: ??; .--? i? . r - Yj . ; ? ` l? CHARLOTTE E. TRIMBLE, : IN THE COURT OF COMMON PLEAS OF Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-2075 CIVIL TERM RICKY L. TRIMBLE, CIVIL ACTION - LAW Respondent/Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER CHARLOTTE E. TRIMBLE, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; b. Alimony; C. Costs and expenses; and d. Counsel fees. and in support of the motion states: 1. Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Plaintiff, Charlotte E. Trimble, has appeared in this action by her attorney, Marcus A. McKnight, III, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; Costs and expenses; and Counsel fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half (1/2) day. 7. Additional informatio: Date: 0.- rS- '-'11'V7 AND NOW the following claims: Esquire, is appointed Divorce Master with respect to By the Court: J. ? C"? ? p T- .: ? ?? =?- - . ; ?? -- =? rU ``?i ;.? ? . _ c..? ra CHARLOTTE E. TRIMBLE, : IN THE COURT OF COMMON PLEAS OF Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-2075 CIVIL TERM RICKY L. TRIMBLE, CIVIL ACTION - LAW Respondent/Defendant IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 15th day of October 2007, comes the Plaintiff/Petitioner, Charlotte E. Trimble, by her attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against the Defendant/Respondent, Rickey L. Trimble, as follows: 1. The Petitioner is Charlotte E. Trimble who is the Plaintiff in a divorce action filed at in Cumberland County, Pennsylvania. Her address is 25 West Main Street, Blain, Perry County, Pennsylvania 17006. 2. The Respondent is Ricky L. Trimble who is the Plaintiff in this divorce action. His address is 301 Belvedere Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Alimony; C. Costs and expenses; and d. Counsel fees. WHEREFORE, the Petitioner, Charlotte E. Trimble, requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT By: Ale, ( ?9' Marcus tmfret Mc i tII Esq. 60 West Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Petitioner Date: October 15, 2007 2 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are tme and correct to the best of ?ray knotviedge, irfo*_-ma ion and belief. I under-,tand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ARLOTTE E. TRIMBLE Date: October 15, 2007 3 t w ?w t ag J a 0 c- a C "'9 ^-i C71 ?"tl OCT 1 7 2007/' CHARLOTTE E. TRIMBLE, : IN THE COURT OF COMMON PLEAS OF Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-2075 CIVIL TERM RICKY L. TRIMBLE, CIVIL ACTION - LAW Respondent/Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER CHARLOTTE E. TRIMBLE, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; b. Alimony; C. Costs and expenses; and d. Counsel fees. and in support of the motion states: 1. Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Plaintiff, Charlotte E. Trimble, has appeared in this action by her attorney, Marcus A. McKnight, III, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; Costs and expenses; and Counsel fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half ('h) day. 7. Additional information, if any, relevant to the Date: Qc L•604 fro. VV7 AND NOW / 4 .?OV7i lQo-?ec?ire, is appointed Divorce Master with respect to the following claims: v I zzzz -Ml rn T- , w? X: 2= IZZJ C;> N •- t++ r-L C7 rn CHARLOTTE E. TRIMBLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2075 CIVIL ACTION - LAW RICKY L. TRIMBLE, IN DIVORCE Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONTARY OF SAID COURT: Please enter my appearance on behalf of Defendant, Ricky L. Trimble, in the above captioned matter. Respectfully submitted, Date: (a ruprecqu aM. Verney, Esquire me Ct. ID # 23167 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 u ra X 33 Y€.. ? C CV ? CHARLOTTE E. TRIMBLE, Plaintiff V. RICKY L. TRIMBLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2075 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 13, 2007. 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. 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 falsificatio Date: (J - 13 -o k fir, CHARLOTTE E. TRIMBLE, Plaintiff V. RICKY L. TRIMBLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2075 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 14- (-5 -0k ? ?? o c? `?+ <'. "' ? ? t~- ?,.. ? ?. ? t? F? ( ' CHARLOTTE E. TRIMBLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 2075 CIVIL RICKY L. TRIMBLE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /& a day of 0_e'? , 20081 the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated October 13, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: arcus A. McKnight, III Attorney for Plaintiff Jacqueline M. Verney Attorney for Defendant S w-- C ce) ts1 .? -> ?_? CL- = ? N ? MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this to day of October 2008 by and between CHARLOTTE E. TRIMBLE, (hereinafter referred to as "WIFE") and RICKY L. TRIMBLE, hereinafter referred to as "HUSBAND") WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 12, 1981, in Perry County, Pennsylvania. WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2007-2075 Civil Term on April 13, 2007. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 2 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure. to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 3 7. REAL ESTATE: The parties own the property known as 25 West Main Street, Blain. Pennsylvania 17006. HUSBAND agrees to convey his right, title and interest in the property to WIFE. WIFE agrees to refinance the mortgage into her own name within one hundred twenty (120) days of the signing of this Agreement. 8. DEBTS: HUSBAND will be solely responsible for his own debts. WIFE will be solely responsible for her debts. HUSBAND will indemnify and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible and will indemnify and hold harmless HUSBAND from any claim made against him related to her debts. 9. SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree that the HUSBAND will pay WIFE the sum of Three Hundred and no/100 ($300.00) Dollars per month to be paid in bi-weekly payments of $138.47 for eighteen (18) months or until WIFE cohabitates, remarries, or the death of one of the parties. 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. All items listed on attached Exhibit "A"; c. His bank accounts; d. Any life insurance policy; e. His employee benefits; and e. Fifty percent (50%) of his marital retirement with the Commonwealth of Pennsylvania. 4 WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts; c. Any life insurance policy; d. The cemetery plots at Blain Cemetery; and e. Fifty percent (50%) of HUSBAND's marital retirement with the Commonwealth of Pennsylvania. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 11. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the automobiles in possession of the WIFE. b. WIFE agrees to waive any and all interest which she may have in the automobiles in possession of the HUSBAND. HUSBAND agrees to convey title to WIFE's 1992 Pontiac Grand Prix automobile. They each waive any claim which they have in any automobile owned by the other party. 5 12. INSURANCE AND EMPLOYEE BENEFITS: Except for the HUSBAND's retirement with the Commonwealth of Pennsylvania, the parties waive all interest in the benefits of one another. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party should 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, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 6 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 22. SCHOOL LOAN OF NICOLE TRIMBLE: The parties agree that the school loan will be paid by daughter, Nicole Trimble; or the parties will split the costs of her school debt equally. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: PERSONALLY APPEARED BEFORE ME, this ? day of , 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland. CHARLOTTE E. TRIMBLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMIMONIMALTH OF MNSYLVANLA Notarial Seal Martha L. Noel, Notary Public Carlisw filoro, Cumberland County My Commission Expires Sept. 1 B, 2011 Pen-w0vaft AssoclaGon or Notarise COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: PERSONALLY APPEARED BEFORE ME, this 13 day of 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, RICKY L. TRIMBLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL VALERIE F. GSELL, Notary Public Carlisle 8oro., Cumberland County My Commission Expires October 9, 2010 9 List of Items Wanted 1. Roll top Desk - My Mother bought for me. 2. Coin Collection in safety box - My Father's - Not much value, sentimental value to me. 3. Steamer Trunk - It was my Sister's, she left it with me. 4. Utility Trailer 5. All Firearms remaining that are mine. 6. All tools: • Hand powdered tools - automotive and woodworking • Air compressors • Large woodworking tools: table saw, radial arm saw, wood lathe, band saw, scroll saw, chain saws • All hand tools, both automotive and woodworking 7. Butchering Equipment • Large iron kettle and 3 foot stand • Large meat grinder • Lard press • Kettle stirrer, kettle ladles, kettle strainer 8. Hunting and sporting equipment 9. Animal mounts 10. Family pictures of my parents, brother and my kids I ask that nothing be placed out in the environment; I do not want the weather to damage or ruin any of my items. ?? CHARLOTTE E. TRIMBLE, Plaintiff V. :I IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2075 CIVIL TERM CIVIL ACTION - LAW RICKY L. TRIMBLE, Defendant 1. A complaint in divorce 2007. 2. The marriage of plaintiff from the date of the filing of the con 3. I consent to the entry of a IN DIVORCE Section 3301(c) of the Divorce Code was filed on April 13, defendant is irretrievably broken and ninety days have elapsed decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim than before a divorce is granted. I verify that the statements statements herein made are subject to falsification to authorities. Date: lap lo? in this affidavit are true and coned. I understand that false the penalties of 18 Pa. C. S. Section 4904 relating to unworn wcyj- 9- 7A" CHARLOTTE E. TRIMBLE Plaintiff N C9 Q Ca co i7 N cn co a ? CHARLOTTE E. TRIMBLE, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-2075 CIVIL TERM CIVIL ACTION - LAW RICKY L. TRIMBLE, Defendant IN DIVORCE 1. I consent to the entry of a fi?W Decree of Divorce without notice. 2. I understand that I may to 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 no? 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 i statements herein made are subject falsification to authorities. Date: be le in this affidavit are true and correct. I understand that false the penalties of 18 Pa. C.S. Section 4904 relating to unworn a Jek e, ` -/- A-- ?L CHARLOTTE E. TRIMBLE Plaintiff C C c"? t ? a t"3 t?1 co 71,x, . b ?- - 0 7 S CZ,,'p ' ,c?,.- THIS AGREEMENT CHARLOTTE E. TRIMBLE, hereinafter referred to as SETTLEMENT AGREEMENT this I day of October 2008 by and between fter referred to as "WIFE") and RICKY L. TRIMBLE, WITNESSETH: WHEREAS, Perry County, Pennsylvania. and WIFE were lawfully married on September 12, 1981, in IFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2007-4075 Civil Term on April 13, 2007. The parties hereto agree and covenant as follows: The parties intend to m each other. It is the intent and duties of the parties while they The parties have conforms to a just and right sta of the parties that such division The division of existing marital 1. separate and permanent domiciles and to live apart - from of this Agreement to set forth the respective rights and inue to live apart from each other. 2. to divide their matrimonial property in a manner which with due regard to the rights of each party. It is the intent be final and shall forever determine their respective rights. is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree place or places that he or she ma` molest, harass, annoy, injure, thre Each party may carry on and he or she may deem advisable with the uses, ownership, enjoyn herein nor property hereafter acq o continue living separately and apart from the other at any select as they have heretofore been doing. Neither party shall ten or interfere with the other party in any matter whatsoever. e in any employment, profession, business or other activity as his or her sole use and benefit. Neither party shall interfere or disposition of any property now owned and not specified by the other. 4. The consideration for this both of the parties hereto and The adequacy of the consideral and admitted by the parties, and Each party to the :ontract and agreement is the mutual benefit to be obtained by covenants and agreements of each of the parties to the other. t for all agreements herein contained is stipulated, confessed, : parties intend to be legally bound hereby. I acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this A eement and of the rights and liabilities of the parties; c. enters into this ?greement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully real each provision of this Agreement; and f, fully and both as to the subject This Agreement shall understands each provision of this Agreement, and legal effect. e effective immediately as of the date of execution. 2 S. It is the purpose and of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempt d to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended y the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of he marital estate. It is the further purpose of his Agreement to settle forever and completely any obligation under the Pennsylvania Divorce C de relating to spousal support or alimony. 6. Each party represents and arrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumb ce, or restriction to which any property is subject. Each party further represents that he or she h made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has n6t made any gifts or transfers for inadequate *consideration of Marital Property without the prior c Each Party acknowledges tl and separate State and Federal Tax marriage. of the other. to the extent desired, he or she has had access to all joint Returns filed by or on behalf of either or both Parties during 3 7. REAL ESTATE: The V Pennsylvania 17006. HUSBANI WIFE. WIFE agrees to refinan (120) days of the signing of this Y arties own the property known as 25 West Main Street, Blain, ) agrees to convey his right, title and interest in the property to ?e the mortgage into her own name within one hundred twenty 8. DEBTS: HUSBAND i responsible for her debts. Hl obligation related to his debts. harmless HUSBAND from any be solely responsible for his own debts. WIFE will be solely LAND will indemnify and hold harmless WIFE from all VIFE will be solely responsible and will indemnify and hold im made against him related to her debts. 9. HUSBAND will pay WIFE the to be paid in bi-weekly ? f cohabitates, remarries, or the as follows: 'D ALIMONY: The parties hereby agree that the of Three Hundred and no/100 ($300.00) Dollars per month of $138.47 for eighteen (18) months or until WIFE of one of the parties. 10. The parties agree that the personal property shall be divided HUSBAND shaft receive the following items: a. The personal property in his possession; b. All items listed ?n attached Exhibit "A"; c. His bank d. Any life e. His employee e. Fifty percent (50 Pennsylvania. policy; and %) of his marital retirement with the Commonwealth of 4 WIFE shall receive the f0owing items: a. The personal pr perry in her current possession; b. Her bank accounts; c. Any life insuran?e policy; d. The cemetery plots at Blain Cemetery; and e. Fifty percent (5q%) of HUSBAND's marital retirement with the Commonwealthl of Pennsylvania. The WIFE hereby waives *11 right and title which she may have in any personal property of the HUSBAND. HUSBANDS likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other arty, all items of personal property of every kind, nature and description and wherever situated which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that the other and that from the obligations, liens or any liability will incur obligations, liens or liabilities on account of of this Agreement, neither party shall contract or incur on account of the other. 11. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the automobiles in possession of the WIFE. b. WIFE agree to waive any and all interest which she may have in the automobiles in possession of the HUSBAND. HUSBAND agrees to convey title o WIFE's 1992 Pontiac Grand Prix automobile. They each waive any claim they have in any automobile owned by the other party. 5 12. IMURANCE AND E PLVYEE BENEFITS: Except for the HUSBAND's retirement with the Commonwealth of Pennsylvania, the parties waive all interest in the benefits of one another. 13. WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party ho fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the part' who is seeking the divorce. 15. BREACH: If either p breaches any provisions of this Agreement, the other party should 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, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. request of the other, execute, instruments that may be reasoi Agreement. BENTS: Each of the parties shall from time to time, at the nowledge and deliver to the other party any and all further ? required to give full force and effect to the provisions of this 6 17. have been fully explained to acknowledges that the Agreen voluntarily, and that it is not the Agreement are fully understood is fair and equitable, that it is 1 duress or undue influence. ON: The provisions of this Agreement and their legal effect ie parties by their respective counsel, and each party t is fair and equitable, and that it is being entered into sult of any duress or undue influence. The provisions of this both parties and each party acknowledges that the Agreement g entered into voluntarily, and that it is not the result of any 18. parties and there are no expressly set forth herein. This Agreement contains the entire understanding of the warranties, covenants or undertakings other than those 19. APPLICABLE LAW: Commonwealth of Pennsylvania. Agreement shall be construed under the - Laws ' of the 20. PRIOR AGREEMENTS It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and o no effect. 21. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 22. : The parties agree that the school loan will be paid by daughter, Nicole or the parties will split the costs of her school debt equally. 23. each party may dispose of his or INST ESTATES: Except as herein otherwise provided, property in any way, and each party hereby waives and relinquishes any and all rights he o she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to sh a in the property or the estate of the other as a result of the marital relationship, including with ut limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy right to take against the Will of the other, and right to act as administrator or executor of the oth is estate, and each will, at the request of the other, execute, acknowledge and deliver any and 1 instruments which may be necessary or advisable to carry into effect this mutual waiver and re inquishment of all such interests, rights and claims. IN WITNESS WHEREOF the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: 8 COMMONWEALTH OF PEN SYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this day of 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, CHARLOTTE E. TRIMBLE, own to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purpose therein contained. IN WITNESS Mwft L No.[, Nof." cuWw 1&0. cun*oftn COMMONWEALTH OF COUNTY OF CUMBERLAND , I have hereunto set my hand and official seal. VANIA . . SS: PERSONALLY APPEARED BEFORE ME, this 13 day of &&&, 2008, a Notary Public, in and for the C mmonwealth of Pennsylvania and County of Cumberland, RICKY L. TRIMBLE, known t me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein cont fined. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWWALTH OF PENNSYLVANIA NOTARIAL SEAL VALERIE F. GSELL, Notary P blic Carkie 8oro., Cumberland Co my Commission Expires October , 2010 9 List of Items Wanted 1. Roll top Desk - My Mother bo 2. Coin Collection in safety box - 3. Steamer Trunk - It was my Sist 4. Utility Trailer 5. All Firearms remaining that are 6. All tools: • Hand powdered tools - • Air compressors • Large woodworking to chain saws • All hand tools, both au 7. Butchering Equipment • Large iron kettle and 3 • Large meat grinder • Lard press • Kettle stirrer, kettle la( 8. Hunting and sporting equipme 9. Animal mounts 10. Family pictures of my parents, it for me. r Father's - Not much value, sentimental value to me. s, she left it with me. mine. automotive and woodworking table saw, radial arm saw, wood lathe, band saw, scroll saw, tive and woodworking stand es, kettle strainer r and my kids I ask that nothing be placed out in the I nvironment; I do not want the weather to damage or ruin any of my items. ?'t C`s g -n cz TJe-r, tt f; ? ,,? ?m 7P, r CHARLOTTE E. TRIMBLE, Plaintiff V. RICKY L. TRIMBLE, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2075 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Transmit the record, together with th? following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) and or (d) of the Divorce Code. 2. Date and manner of service of c mplaint: A certified copy of the Complaint in Divorce was served upon the defendant, Ricky L. Trimble, on or about ay 7, 2007, by certified, restricted delivery mail, addressed to him at 820 Belvedere Street, Carlisle, Pennsylvania, 170 3, with Return Receipt Number 7004 1350 0003 7289 3600. 3. Complete either paragraph (a) or ). (a) Date of execution f the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff. October 20, 2008; by defendant: October 13, 2008. (b)(1) Date of execution (b)(2) Date of filing and 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of which is attached: (b) Date plaintiffs October 28, 2008. October 13, 2008. Date defendant's affidavit required by Section 3301(d) of the Divorce Code: of the plaintiffs affidavit upon the defendant: service of the Notice of Intention to file Praecipe to Transmit Record, a copy of Notice in Section 3301(c) Divorce was filed with the Prothonotary: of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Marcus A. McKnight, III, Esquire attorney for Plaintiff Date: October 28, 2008 ra Q t r r h r e t? r ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHARLOTTE E. TRIMBLE. PLAINTIFF NO. 2007 - 2075 VERSUS RICKY L. TRIMBLE, A- :1:n DECREE IN DIVORCE AND NOW, ?4ME IT IS ORDERED AND -ivlw 1014? (I DECREED THAT CHARLOTTE E. TRIMBLE , PLAINTIFF, AND RICKY L. TRIMBLE ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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; kit) A The Marriage Settlement Agreement dated October 13, 2008 and signed by the s is BY THE COLUCT: ATTEST: - J. PROTHONOTARY w ??, r `s CHARLOTTE TREMBLE, Plaintiff V. RICKY L. TREMBLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.2007-207 CIVIL ACTION - LAW IN DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this T day of C,L06f , 2008, the parties, Charlotte Trimble, Plaintiff and Ricky L. Trimble, Defendant, having been divorced by Decree dated 11/04/2008 of the Court of Common Pleas of Cumberland County, entered at Docket Number 2007-2075, do hereby Stipulate and Agree as follows: The Defendant, Ricky L. Trimble, hereinafter referred to as "Member" is a member of the Commonwealth of Pennsylvania State Employees' Retirement System, (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa. C. S. §§5101-5956 ("Retirement Code") 3. Member's date of birth is March 4, 1956, and the Member's Social Security number is o?0 %4& -34 Slq 4. The Plaintiff Charlotte Trimble, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is September 15, 1957 and Alternate Payee's Social Security number is /1111 • 6;-6 5. Member's last known mailing address is: Ricky L. Trimble 820 Belvedere Street Apt #I Carlisle, Pennsylvania 17013. 6. Alternate Payee's last known address is: Charlotte Trimble 25 West Main Street Blain. Pennsylvania 17006 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. (a) The marital property component of Member's retirement benefit on the effective date of Member's retirement calculated using the Retirement Code if effect on May 1, 2006,. the date of the parties' separation, and Member's final average salary as of the effective date of retirement. (b) The Coveture Fraction is a fraction with a value less than or equal to one. The numerator is the amount of Member's service, as defined by SERS, for the period of time from September 12, 1981 (date of marriage), to May 1, 2006 (date of separation). The denominator is the total amount of Member's service, as defined by SERS, on the effective date of Member's retirement. (c) Fifty percent (50%) of the marital property component of Member's retirement is to be allocated to Alternate Payee as the equitable distribution portion of this marital asset. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Members marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to member by SERS or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7) shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary . to the extent of the Alternate Payee's equitable distribution interest in Member's retirement benefit for any death benefits payable by PSERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee and any other alternate payees named under other SERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's Death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shalt alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to :Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which option(s) member selects at retirement. Member and Alternate Payee expressly agree that: (a) Member shall select the following retirement option upon filing an Application for Retirement Allowance with SERS: (b) Special Option 4. A joint and equitable distribution percent (as defined in paragraph 7) annuity payable during the lifetime of the Member, with an equitable distribution percent (as defined in paragraph 7) of such annuity payable thereafter, to the Member's survivor annuitant, if living at the Member's death, as set forth in 71 Pa.C.S. §5705(a)(40, or any succeeding statute. The Member shall designate the Alternate Payee as an irrevocable survivor annuitant. The intent of this Special Option 4 selection is to maintain level payments to the Alternate Payee for the Alternate Payee's life in the event of Member's death after retirement. The Alternate Payee's portion of the Member's benefit will be deducted from the Member's monthly annuity payment and paid by SERS to the Alternate Payee during the Member's lifetime. If the Alternate Payee dies while the Member is receiving retirement benefits, the Alternate Payee's portion of the Member's annuity shall revert to the Member for the remainder of the member's lifetime. If the Member predeceases the Alternate Payee after retiring, the Alternate Payee will receive the Alternate Payee's equitable distribution portion of the Member's benefit in the form of survivor annuity payable to the Alternate Payee for the duration of the Alternate Payee's life. In any event, all payments to any person or estate will stop when both the Member and Alternate Payee have died. (c) Member may select any option offered by SERS under the Retirement Code at the time of retirement for the portion of the retirement benefit payable to Member. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall revert to Member. 13. In no event shall the Alternate Payee have benefits or rights greater than those which are available to the Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges, and options offered by SERS not granted to the Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Paycc acknowledge that benefits paid pursuant to this Stipulation and agreement are and shal l remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. X1311, et.seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than • actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted, and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 17. Upon its entry as a Domestic Relations Order incorporating this Stipulations and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hand and seals. Dated: f6 - r 3 m /Lk Rick L. TriiAble, ENDANT/MEMBER Dated: 10 / 7 /09'- 0arIctte Trimble, PLAINTIFF/ALTERNATE PAYEE Dated: lO - / 3 -o k Dated: G i acqu ine M. Verney, Esq., Atto for Defendant/Member Marcus , Attorney for Alternate Payee 7r_ p..r.T l;Y • OCT 2 0 20994 CHARLOTTE TRIMBLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2075 CIVIL ACTION - LAW RICKY L. TRIMBLE, : IN DIVORCE Defendant ORDER OF COURT FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" Upon consideration of the Parties' Stipulation and Agreement for the Entry of a Domestic Relations Order, the Court of Common Pleas of Cumberland County, Pennsylvania hereby orders as follows: 1. The Defendant, Ricky L. Trimble, hereinafter referred to as "Member" is a member of the Commonwealth of Pennsylvania State Employees' Retirement System, (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa. C. S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth is March 4, 1956, and the Member's Social Security number is 202-48-3649. 4. The Plaintiff, Charlotte Trimble, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is September 15, 1957 and Alternate Payee's Social Security number is 199-50-2218. 5. Member's last known mailing address is: Ricky L. Trimble 820 Belvedere Street Apt #1 Carlisle, Pennsylvania 17013. 6. Alternate Payee's last known address is: Charlotte Trimble 25 West Main Street Blain, Pennsylvania 17006 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. (a) The marital property component of Member's retirement benefit on the effective date of Member's retirement calculated using the Retirement Code if effect on May 1, 2006, the date of the parties' separation, and Member's final average salary as of the effective date of retirement. (b) The Coveture Fraction is a fraction with a value less than or equal to one. The numerator is the amount of Member's service, as defined by SERS, for the period of time from September 12, 1981 (date of marriage), to May 1, 2006 (date of separation). The denominator is the total amount of Member's service, as defined by SERS, on the effective date of Member's retirement. (c) Fifty percent (50%) of the marital property component of Member's retirement is to be allocated to Alternate Payee as the equitable distribution portion of this marital asset. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Members marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to member by SERS or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7) shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of the Alternate Payee's equitable distribution interest in Member's retirement benefit for any death benefits payable by PSERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee and any other alternate payees named under other SERS-approved Domestic Relations Orders (`Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's Death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which option(s) member selects at retirement. Member and Alternate Payee expressly agree that: (a) Member shall select the following retirement option upon filing an Application for Retirement Allowance with SERS: (b) Special Option 4. A joint and equitable distribution percent (as defined in paragraph 7) annuity payable during the lifetime of the Member, with an equitable distribution percent (as defined in paragraph 7) of such annuity payable thereafter, to the Member's survivor annuitant, if living at the Member's death, as set forth in 71 Pa.C.S. §5705(a)(40, or any succeeding statute. The Member shall designate the Alternate Payee as an irrevocable survivor annuitant. The intent of this Special Option 4 selection is to maintain level payments to the Alternate Payee for the Alternate Payee's life in the event of Member's death after retirement. The Alternate Payee's portion of the Member's benefit will be deducted from the Member's monthly annuity payment and paid by SERS to the Alternate Payee during the Member's lifetime. If the Alternate Payee dies while the Member is receiving retirement benefits, the Alternate Payee's portion of the Member's annuity shall revert to the Member for the remainder of the member's lifetime. If the Member predeceases the Alternate Payee after retiring, the Alternate Payee will receive the Alternate Payee's equitable distribution portion of the Member's benefit in the form of survivor annuity payable to the Alternate Payee for the duration of the Alternate Payee's life. In any event, all payments to any person or estate will stop when both the Member and Alternate Payee have died. (c) Member may select any option offered by SERS under the Retirement Code at the time of retirement for the portion of the retirement benefit payable to Member. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall revert to Member. 13. In no event shall the Alternate Payee have benefits or rights greater than those which are available to the Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges, and options offered by SERS not granted to the Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. § 1311, et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted, and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 17. Upon its entry as a Domestic Relations Order incorporating this Stipulations and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. 18. This Court reserves jurisdiction to issue further orders as needed to execute this Order. IT IS SO ORDERED this -045)day EDGAR B. BAYLEY, iL -r- OF THE P-,"'HK,Nl")TAPY 2009 OCT 21 Pi 2 UO IV! xpl/o?? C?o I ;)IiEj mvt&CL 14? ? N - Ac-L-4 ? tLz