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HomeMy WebLinkAbout08-0708IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN L. FICKES, Plaintiff V. Cw-,l e m SCOTT E. FICKES, Defendant No. 08 - 708 IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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, PA 17013 (717) 249-3166 1-8oo-99o-91o8 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision tambien ser emitida en su contra por cualquier otra queja o compensacio'n reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANUI.AMIENTE SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-8oo-99o-91o8 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 19go. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 i-8oo-99o-91o8 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN L. FICKES, Plaintiff ; No. f?- 70 Curs-? ?` V. . IN DIVORCE SCOTT E. FICKES, Defendant COMPLAINT UNDER SECTION 2301(d and 3-301(d) OF THE DIVORCE CODE AND NOW comes KAREN L. FICKES, using the Collaborative Law Process by and through her attorney, Maryann Murphy, Esquire, who respectfully avers as follows: 1. Plaintiff/Wife is KAREN L. FICKES who resides at 942 Woodridge Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant/Husband is SCOTT E. FICKES who resides at 942 Woodridge Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Husband and Wife have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Husband and Wife were married on August 20, 1988 in Cumberland County, Pennsylvania. 5. A Complaint in Divorce was filed in the Court of Common Pleas of Potter County, Pennsylvania by Wife in 2004 and has since been purged. There have been no other prior actions for divorce or for annulment between Husband and Wife. 6. Husband is not a member of the Armed Forces of the United States of America or any of its Allies. 7. The marriage is irretrievably broken. 8. Wife has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Wife does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 9. Wife requests this Court to enter a Decree in Divorce from the bonds of matrimony. WHEREFORE, Plaintiff/Wife requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff/Wife and the Defendant/Husband. Respectfully submitted, Maryann rphy, Esquire 1 PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. # 61900 Attorney for Plaintiff/Wife VERIFICATION I, KAREN L. FICKES, verify that the statements made in the foregoing Complaint in Divorce 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. /?cl Date KAREN L. FIC S ? [T4t?1 00 r.? G C_ W d ea C `"' S? Z W W y?. t11 O a. , C. #. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN L. FICKES5 Plaintiff V. SCOTT E. FICKES, Defendant :No. o8-7o8 Civil Term IN DIVORCE AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on January 31, 2oo8, I mailed the Complaint in Divorce to Defendant's attorney, Nora F. Blair, Esquire, at the following address: Nora F. Blair, Esquire P.O. Box 6216 Harrisburg, PA 17112 3. That Defendant's attorney, Nora F. Blair, Esquire, accepted service of the Complaint in Divorce on behalf of Defendant and signed an Acceptance of Service dated February 4, 2oo8. The Acceptance of Service is attached hereto. Date quwta ", Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA i7o5o 17) 730-0422 D. # 61goo ttorney for Plaintiff s -4 60 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN L. FICKES, Plaintiff V. SCOTT E. FICKES, Defendant No. - 04 Civil Term IN DIVORCE ACCEPTANCE OF SERVICE I, Nora F. Blair, Esquire, counsel for Scott E. Fickes in the above-captioned case, do hereby depose and say that, on behalf of and on the authorization of Scott E. Fickes, I personally received and accepted service of a true and correct copy of the Complaint in Divorce on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. ? . 11 o ff Date ora F. Blair, Esquire na yry.r?i.? V4/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN L. FICKES, Plaintiff V. :No. o8-7o8 Civil Term : IN DIVORCE SCOTT E. FICKES, Defendant AFFIDAVIT OF CONSENT i. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 31, 2oo8. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (go) 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 falsification to authorities. 7 to SC TT E. FICKES n 73 ra cm d ..,z N y CA) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN L. FICKES, Plaintiff V. :No. 08-708 Civil Term : IN DIVORCE SCOTT E. FICKES, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33oi(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. Section 4904 relating to unsworn falsification to authorities. ate SCOTT E. FICKES C. , ; ; EM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN L. FICKES, Plaintiff V. :No. o8-7o8 Civil Term : IN DIVORCE SCOTT E. FICKES, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 31, 2oo8. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (9o) 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 falsification to authorities. Date ? ??? KAREN L. FIC nt~t ' tin ? , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN L. FICKES, Plaintiff V. :No. o8-7o8 Civil Term IN DIVORCE SCOTT E. FICKES, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33oi(c) OF THE DIVORCE CODE i. 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. Section 4904 relating to unworn falsification to authorities. :??All ., 'W-IP-7 C/ - Date ?? KAREN L. FIC " Cam " -r~t . . . , J?--- 70? MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 2008 by and between KAREN L. FICKES of Cumberland Coun , Pe lvania (hereinafter referred to as KAREN), and SCOTT E. FICKES of Cumberland County, Pennsylvania (hereinafter referred to as SCOTT'), WHEREAS, KAREN and SCOTT were lawfully married on August 20, 1988 in Cumberland County, Pennsylvania; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of KAREN and SCOTT to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to past, present and future support and alimony; and in general, the settling of any and all claims by one against the other or against their respective estates. WHEREAS, KAREN and SCOTT entered into a Collaborative Law Participation Agreement dated January 22, 2008, and have used the Collaborative Law Process in negotiating this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual 1 Promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, KAREN and SCOTT, each intending to be legally bound, hereby covenant and agree as follows: 1. Sgpacration: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interference: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Nothing in this paragraph shall prevent KAREN and SCOTT from having contact by their mutual agreement. 3. Subsequent Divorce: The parties acknowledge that KAREN filed a Complaint in Divorce on January 31, 2oo8 in Cumberland County, Pennsylvania, docketed to number 2008-7o8 Civil Term, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. SCOTT agrees that the marriage is irretrievably broken. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is specifically understood and agreed, by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each 2 party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this agreement, or the substance of the provisions thereof, may be incorporated by reference, but not merged, into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. Subsequent Reconciliation: The parties agree that the terms of this Agreement shall not be affected in any way by their subsequent cohabitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 5. Date ofExwution: The "date of execution" or "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party 3 last executing this Agreement. 6. Distribution Date: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 7. Mutual Release: KAREN and SCOTT each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, agreements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result 4 of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of KAREN and SCOTT to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all right and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. Advice of Counsel: The provisions of this Agreement and their legal effect have been fully explained to KAREN by her attorney, MARYANN MURPHY, ESQUIRE, and to SCOTT by his attorney, NORA F. BLAIR, ESQUIRE. KAREN and SCOTT acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and 5 that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that, pursuant to their Collaborative Law Participation Agreement, they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement 9. Warrants as to F,xistiW Qb ' ations: Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligation arising out of this Agreement. 10. Fxistirw Debts: KAREN and SCOTT acknowledge that the following is a list of their debts: a. Pennsylvania Department of Revenue - SCOTT°s business - with a balance of $12,337.49 on March 26,2008; b. 94o tax - SCOTT's business - with the balance of tax owed being $607.04 on March 26,2008; C. 941 tax through 2005 - SCOTT's business - with the balance of tax owed being $96,470.32 on March 26, 2008; 6 d. 941 penalty and interest through 2005 - SCOTI"s business - with a balance of $76,095.64 on March 26, 2008; e. 941 Tax on returns not filed for 2006 - SCOTT's business - with a balance of $6,367.09, excluding penalty and interest, on March 26, 2008; f. Asset Acceptance LLC - SCOTT's individual name - with a balance of $18,607.70 on January 4, 20o8; and g. Citi Financial - SCOTT°s individual name - with a balance of $7,251.00 on November 30, 2007. KAREN was unaware of the debts set forth above and did not benefit from these debts. Therefore, the parties agree that SCOTT shall be solely and exclusively responsible for all of the above-listed debts. SCOTT agrees to indemnify KAREN and hold her harmless from any and all liability for same. KAREN agrees to be solely and exclusively responsible for all debts in her individual name and she further agrees to indemnify SCOTT and hold him harmless from any and all liability for same. SCOTT agrees to be solely and exclusively responsible for all debts in his individual name and for any debts from his business, and he further agrees to indemnify KAREN and hold her harmless from any and all liability for same, The parties agree that there are no debts in joint names. 7 it. Wurrantu as to Future Obli?utions: KAREN and SCOTT each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. Personal P%pert : KAREN and SCOTT agree that SCOTT shall have sole ownership and possession of the following personal property: a. the love seat from the basement b. the couch from the basement c. six coordinating pillows d. the coffee table from the basement e. the end table from the basement f. the large screen TV g. the VCR h. the stereo and stereo tuner i. the media stand j. the pool table and accessories k. all wall hangings from the basement 1. the dining room table in. six dining room chairs n. Ashley's framed senior picture o. the grouping of three family portraits p. the large wall swag q. the candles r. the alarm clock s. the heating pad t. selected CDs U. the crock pot v. sheets, blankets, bath towels and beach towels w. all of his personal items including his clothes, awards, hunting and fishing 8 supplies, bowling and golf supplies and tools The parties acknowledge that there are items in the attic that will be divided between them at a later date. KAREN and SCOTT agree that KAREN shall have sole and exclusive ownership and possession of the remainder of the personal property in the marital residence. The parties agree that the above distribution of personal property is mutually acceptable to them. Neither party shall make any claim to any such item of marital property, or of the separate personal property of either party, except as provided for in this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 13. Maretal Residence: KAREN and SCOTT own real property located at 942 Woodridge Drive, Enola, Cumberland County, Pennsylvania 17025. The property is in KAREN's individual name. The parties agree that the value of the marital residence is $200,ooo.oo. There is a mortgage on the property with Wells Fargo in KAREN's individual name with a balance of $24,956.71 on May 22, 2008 and a Home Equity Loan with Citizen's Bank in KAREN's individual name with a balance of $129394.95 on May 22, 20o8. The equity in the marital residence is agreed to be $45,648.34. KAREN and SCOTT agree that KAREN shall have sole and exclusive ownership of the marital residence. The parties agree that SCOTT moved out of the marital home on June 1, 2oo8 at which time KAREN assumed sole and exclusive possession of the marital 9 residence. In the event there is damage to the residence when SCOTT moves his belongings out of the house, SCOTT agrees to repair the damage in a timely manner. If KAREN decides to sell the home, she agrees that SCOTT shall have the right of first refusal to purchase the property at ninety-two percent (92%) of the appraised value at the time of sale. The appraiser shall be mutually agreed upon by the parties. The parties agree that SCOTT shall receive sixty-five percent (65%) of the equity in the marital residence which is $29,671.42, and KAREN shall receive thirty-five percent (35%) of the equity in the marital residence which is $15,976.92. KAREN and SCOTT agree that SCOTT shall receive his share of the equity from KAREN by December 31, 2013 or at the time of settlement on the property if it is sold prior to that date, whichever shall first occur. KAREN agrees to be solely and exclusively responsible for the mortgage, taxes, insurance and any and all other expenses related to the marital home, and she further agrees to indemnify SCOTT and hold him harmless from any and all liability for same. 14. Bank Accotatts: The parties acknowledge that there is an account at Sovereign Bank in KAREN's individual name with a balance on May 22, 2008 of $17,562.40. There is also an account at Citizen's Bank in KAREN's individual name with a balance on May 22, 2008 of $127,814.68. The total balance in the bank accounts on May 22, 2oo8 was $145,377.08. From the total balance in the bank accounts, KAREN and SCOTT agree since May 1o 22, 2008, they have provided or shall provide $3,800.0o to Nora F. Blair, Esquire and $2,200.00 to Maryann Murphy, Esquire for current and future attorneys' fees and costs related to the divorce including the resolution of tax matters. At the conclusion of the case, KAREN and SCOTT agree to equally divide any remaining funds from their attorneys' escrow accounts. The parties acknowledge that $139,377.08 will remain in the bank accounts after payment of attorneys' fees. SCOTT has received $4,238.0o to obtain his own residence, pay security deposits and purchase items necessary for his new residence. At the time of the execution of this Agreement, KAREN and SCOTT agree that SCOTT shall receive sixty- five percent (65%) of the total funds remaining in the bank accounts less the $4,238.0o he already received and less the $920.0o he owes to KAREN, for a distribution to SCOTT of $85437.00, and KAREN shall receive the balance of the funds remaining in the bank accounts. There are no joint bank accounts. The parties agree that KAREN shall become the sole and exclusive owner of any other bank accounts in her individual name, and SCOTT shall become the sole and exclusive owner of any bank accounts in his individual name. 15. Pensian/Retirement Benefits: The parties agree that KAREN has a pension with Pennsylvania State Employees Retirement System. KAREN and SCOTT agree to equally divide the marital portion of KAREN's pension as of December 31, 2007. 11 The coverture fraction shall be used with the numerator being the number of years from the date of marriage until December 31, 2007 (8.8744) and the denominator being the total number of years of service. SCOTT agrees to name KAREN as irrevocable beneficiary of his share of her pension. From time to tune and upon request by KAREN, SCOTT agrees to provide proof of KAREN's continuing status as beneficiary. The parties agree it is their intent that their daughter, Ashley Marie Rhodes, born December 27, 1987, shall receive SCOTT's share of KAREN's pension in the event of the death of both KAREN and SCOTT. KAREN and SCOTT agree that they shall execute a Qualified Domestic Relations Order upon request to effectuate the terms of this Agreement. 16. Stock: KAREN and SCOTT own one thousand fifty (i,o5o) shares of stock from Integrity Bank valued at $22.00 per share in March of 2008 for a total value of $23,ioo.oo. The parties agree that KAREN shall become the sole and exclusive owner of this stock. In consideration for KAREN's sole retention of the stock, the parties further agree that SCOTT shall receive sixty-five percent (65%) of the value of the stock which is $15,015.00 by December 31, 2013 or at the time of settlement on the marital residence if KAREN sells the property prior to that date, whichever shall first occur. KAREN and SCOTT shall cooperate with each other in transferring the stock account into KAREN's individual name. Both parties shall sign, upon request, any and all 12 documents necessary to effectuate the terms of this Agreement. In the event KAREN plans to sell, transfer or otherwise dispose of the Integrity stock, SCOTT shall have the right of first refusal to purchase the stock owned by KAREN for the assigned value of $23joo.oo. Further, KAREN and SCOTT agree that SCOTT may purchase the stock for $23,loo.oo from KAREN at any time. For purposes of this agreement and any transactions between the parties with respect to this agreement, the Integrity stock owned by KAREN shall have an assigned value of $23,100.00. 17. Lump Sum Pam KAREN and SCOTT agree that the total lump sum payment owed to SCOTT under paragraphs 13 and 16 of this Agreement is $44,686.42. This payment shall be made by KAREN, in cash or in kind, by December 34 2013 or at the time of settlement on the marital residence if KAREN sells the property prior to that date, whichever shall first occur. 18. Motor Vehicles: The parties agree that KAREN shall have sole and exclusive ownership and possession of her 2002 Honda Sport Utility which is in her individual name; and that SCOTT shall have sole an exclusive ownership and possession of his 2005 Harley Davidson motorcycle and his 1998 Dodge pickup truck. There are no encumbrances on any of these vehicles. SCOTT agrees to have his name removed from the 1994 Pontiac Grand Am within ten (io) days of the execution of this Agreement. The parties acknowledge that this vehicle 13 is driven by their daughter, Ashley. 19. Waiver o gtciar?gnations: 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. By the terms of this Agreement, the parties specifically waive the rights of spouse beneficiaries established by federal or state statute including ERISA. By the terms of this Agreement, each party expressly states that it is his or her intention to revoke any beneficiary designations naming the other party which are in effect as of the date of execution of this Agreement. If 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. Not withstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 20. AfterAcx mhyd Personal Prop?e -iy: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal 14 property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 21. Av ffixibilitu of Tax Law to Propert?Transfers: The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 22. Waiver o,Spousal Support and Alimony Pendente Lite: KAREN and SCOTT hereby waive any rights they may have to spousal support, maintenance and alimony pendente lite. Each party agrees to be solely responsible for her/his respective attorney's fees. 23. Legal Fees: KAREN and SCOTT agree that they shall use their marital funds to pay their respective attorneys, Nora F. Blair, Esquire and Maryann Murphy, Esquire for legal services attributable to the divorce action. As set forth in Paragraph number 14 above, the parties agree that KAREN shall provide to her attorney, Maryann Murphy, Esquire, $2,200.00, and SCOTT shall provide 15 to his attorney, Nora F. Blair, Esquire, $3,8oo.oo at the time of the execution of this Agreement towards current and future attorney's fees and costs related to the divorce including the resolution of tax matters. The parties agree that they shall equally divide any remaining funds from their attorneys' escrow accounts at the conclusion of the case. 24. Waiver gLAtimong: KAREN and SCOTT herein acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support. KAREN and SCOTT hereby waive, release and give up any rights they may respectively have against the other for alimony. It shall be, from the execution of this Agreement, the sole responsibility of each of the parties to sustain themselves without seeking any support from the other party. 25. BankrupWO Or eoraacnization winos: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, 16 regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement, shall constitute support and maintenance and shall not be discharged in bankruptcy. 26. Full Disclosure: KAREN and SCOTT each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of every type whatsoever in which such party has an interest, and of all other facts relating to the subject matter of this Agreement. 27. Disclosure and Waiver of-Procedural -Rights: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and 17 separate property as defined by the Pennsylvania Divorce Code; b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code; C. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital; d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 28. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 29. Mutual C Lion: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 30. Applicable Law: This Agreement shall be construed in accordance with 18 the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 31. Agreement Bin twu on Heirs: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 32. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 33• Other .Documentation: KAREN and SCOTT covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 34. No Waiver on De,tult: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 35• SeverabiIftg: If any term, condition, clause or provision of this Agreement 19 shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 36. Enforcement ofAm?eement: If either party believes that the other party has breached any provision of this Agreement, the parties agree to return to the Collaborative Law Process or seek mediation to resolve the issue. If the parties are unable to resolve the issues through the Collaborative Law Process, a 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 party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 37. Heodit s Not Port o, gn?eement Any heading 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. 20 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first above written. ate M Murphy, Kiq. KAREN I. FICIES Date . Blair, E. FIC 21 c m i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN L. FICKES, Plaintiff No. o8-7o8 Civil Term V. SCOTT E. FICKES, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Code. Divorce 2. Date and Manner of service of the Complaint: Sent by U.S. first class mail, pmt g repaid on January -'AIL. 2oo8 to Nora F. Blair, Fsauire, counsel for Scott E. Fickes, at P.O. Box 6216, Harrisburg PA 17112 Acceptance of Service signed by Nora F. Blair. Esquire dated Februarx4. 2008 Affidavit of Service filed on February 12, 2008 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, July 22, _.2008: by Defendant, July 21, 20o8. (b)(1) Date of execution of the Plaintiff's Affidavit required by Section 33o1(d) of the Divorce Code: N A. (2) Date of filing and service of the Plaintiffs Affidavit upon Defendant: I" 4. Related claims pending: All claims have been resolved by the Marital Settlement A,g_reement dated July 1.2oo8. 5. Complete either paragraph (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: NA (b) Date Plaintiffs Waiver of Notice in Section 330i(c) Divorce was filed with the Prothonotary: July 2& 2008. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 95, 2008. Maryann Murphy, Esquirj PMB 246 j/ 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. #619oo Attorney for Plaintiff C cn rn ?;> Cam} ?L way r?? Al? ""w. , v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KAREN L FICKES. Plaintiff VERSUS SCOTT E. FICKES, Defendant No. 08-708 Civil Term DECREE IN DIVORCE AND NOW, SP Yl\ 7L is ice- , 2008 , IT IS ORDERED AND DECREED THAT AND KAREN L. FICKES SCOTT E. FICKES ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, . 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; The Marital Settlement Agreement, dated July 1, 2008, is huruby incorporated, but not merged, into the Divorce Decree. BY THE COU ATTES . VJ J ?? PROTHONOTARY i ?? Maryann Murphy, Esquire Attorney for Plaintiff PBM 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW KAREN L. FICKES, Plaintiff V. :No. o8-7o8 Civil Term : IN DIVORCE SCOTT E. FICKES, Defendant STIPULATION AND AGRF.F.MFNT FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 30"f day of AlAn, 2009, the parties, Karen L. Fickes, Plaintiff, and Scott E. Fickes, Defendant, having been divorced by Decree dated September 17, 2oo8 of the Court of Common Pleas of Cumberland County, entered at Docket Number o8-7o8 Civil Term, do hereby stipulate and agree as follows: 1. The Plaintiff, Karen L. Fickes, (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. Sections 5101-5956 ("Retirement Code"). 3. Member's date of birth and. Social Security number are on the attached Social Security Cover Sheet which will be provided to the Plan but not filed with the Court. 4. The Defendant, Scott E. Fickes, (hereinafter referred to as "Alternate Payee") is a former spouse of Member. Alternate Payee's date of birth and Social Security number are on the attached Social Security Cover Sheet which will be provided to the Plan but not filed with the Court. 5. Member's last known mailing address is: 942 Woodridge Drive Enola, PA 17025 6. Alternate Payee's current mailing address is: 114 Wesley Drive Mechanicsburg, PA 17055 It is the responsibility of 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 equals: (1) the Coverture Fraction multiplied by (2) Member's retirement benefit on the effective date of Member's retirement calculated using the Retirement Code in effect on December 31, 2007, the date of the parties' separation, and Member's final average salary as of the effective date of retirement. (b) The Coverture 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 August 20, 1988 (date of marriage), to December 31, 2007 (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 benefit 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 Member's 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 Alternate Payee's equitable distribution of Member's retirement benefit for any death benefits payable by SERS. 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. io. 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 Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an Application for Retirement Allowance with SERS. ii. 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 Alternate Payee have benefits or rights greater than those that are available to 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 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. Section 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 such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order incorporating this Stipulation 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 hands and seals. (SEAL) Karen L. Fickes (Plaintiff/Member) *!-A4k?L " - Witness V I T Maryann Murphy, Esquire Attorney for Karen L. Fickes (Plaintiff/Member) (SEAL) Scott E. Fickes (De endant/Alternate Payee) It ss Nora F. Blair, Esquire Attorney for Scott E. Fickes (Defendant/Alternate Payee) RLEt}-{k OF 7HE PROTHONOTARY 2N9 MAY -b Phi I : 0 7 PENNSYi.VAN A MAY 0 7 2009 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIMACIION-LAW KAREN L. FICKES, Plaintiff V. SCOTT E. FICKFS, Defendant :No. o8-708 Civil Term : IN DIVORCE : (Judge Oler) ANDNOW, this -11 day of _ lid 2009, the attached Stipulation and Agreement dated of the parties in this case is incorporated, but not merged, into this Order of Court. Distribution: v Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 Attorney for Plaintiff ryl-g t LL N ra F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 Attorney for Defendant ca m ? ? _? tL cr% ? N U Maryann Murphy, Esquire Attorney for Plaintiff PBM 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW KAREN L. FICKES, Plaintiff V. :No. o8-7o8 Civil Term IN DIVORCE SCOTT E. FICKES, Defendant STIPULATION AND AGREEMENT FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 30"-4 day of -t. 2009, the parties, Karen L. Fickes, Plaintiff, and Scott E. Fickes, Defendant, having been divorced by Decree dated September 17, 2oo8 of the Court of Common Pleas of Cumberland County, entered at Docket Number o8-7o8 Civil Term, do hereby stipulate and agree as follows: 1. The Plaintiff, Karen L. Fickes, (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. Sections 5101-5956 ("Retirement Code"). 3. Member's date of birth and. Social Security number are on the attached Social Security Cover Sheet which will be provided to the Plan but not filed with the Court. 4. The Defendant, Scott E. Fickes, (hereinafter referred to as "Alternate Payee") is a former spouse of Member. Alternate Payee's date of birth and Social Security number are on the attached Social Security Cover Sheet which will be provided to the Plan but not filed with the Court. 5. Member's last known mailing address is: 942 Woodridge Drive Enola, PA 17025 6. Alternate Payee's current mailing address is: 114 Wesley Drive Mechanicsburg, PA 17055 It is the responsibility of 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 equals: (1) the Coverture Fraction multiplied by (2) Member's retirement benefit on the effective date of Member's retirement calculated using the Retirement Code in effect on December 31, 2007, the date of the parties' separation, and Member's final average salary as of the effective date of retirement. (b) The Coverture 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 August 20, 1988 (date of marriage), to December 31, 2007 (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 (5o%) of the marital property component of Member's retirement benefit 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 Member's 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 Alternate Payee's equitable distribution of Member's retirement benefit for any death benefits payable by SERS. 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. io. 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 Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an Application for Retirement Allowance with SERS. ii. 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 Alternate Payee have benefits or rights greater than those that are available to 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 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. Section 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 such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order incorporating this Stipulation 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 hands and seals. (SEAL) Karen L. Fickes (Plaintiff/Member) q? I Lvw-,6? " - Witness 0- Maryann Murphy, Esquire Attorney for Karen L. Fickes (Plaintiff/Member) (SEAL) Scott E. Fickes (De endant/Alternate Payee) i ess Nora F. Blair, Esquire Attorney for Scott E. Fickes (Defendant/Alternate Payee) FILM- f OF lie }"NARY 2009 MAY -b PM {: 01 CL16 lNSYLVANIIIA