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HomeMy WebLinkAbout09-5918JOHN FLICKER, Plaintiff V. KIMBERLY J. FLICKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Q ?j - S-q J1- C -V IN DIVORCE NOTICE TO DEFEND Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWE" LINDSAY SAIDIS, DOWER & LINDSAY ATIOIQEYS•AT uw 26 West High Street Carlisle, PA YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the York County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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. Attorney Id. 44W 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff rnOD ;o CZ n =-n -' X -;- 3> am C .{ WO ) z z=' C> y,z r- a 70 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLICKER, Plaintiff v. KIMBERLY J. FLICKER, Defendant No. 09-5918 CIVIL ACTION - LAW : IN DIVORCE Prior Assigned Judge Edward E. Guido STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this zg }' day of m,,:k r,k n , 2011, Plaintiff, John Flicker, and Defendant, Kimberly J. Flicker, stipulate and agree that the foregoing Domestic Relations Order shall be entered by the Court. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year above written. DEFE KIMBERL NT/PLAN PARTICIPANT PLAINTIFF/ALTERNATE PAYEE KER J N FLICKER Attorney for Participant ?RADCLIPF?',- ESQUIRE Attorney for Alternate Payee HANNAH HERMAN-SNYDElk ESQUIRE 6 JOHN FLICKER, Plaintiff V. KIMBERLY J. FLICKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE ORDER OF COURT AND now, this day of , 20_, upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 20 , at M. for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: Custody Conciliator Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 SAMIS, FLONVER LIlVDSAY& A770WV615•ATIAW 26 West High Street Carlisle, PA 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. The Court of Common Pleas of Cumberland County, Pennsylvania, 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. BY THE COURT: J. JOHN FLICKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. Q9 , S 9/ G f 1 KIMBERLY J. FLICKER, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE COUNTI 1. The Plaintiff is John Flicker, an adult individual, residing at 111 Bucher Hill Road, Apartment 4, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant is Kimberly J. Flicker, an adult individual, residing at 587 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 24, 1986 in Stroudsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he/she has SAMIS, LINDSAY Ar[oAEtseruw 26 West High Street Carlisle, PA the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II - CUSTODY 8. The averments in paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. 9. Plaintiff seeks custody of the following children: Mary Flicker, born August 4, 1997, and Molly Flicker, born September 3, 1992. The children were not born out of wedlock. The children are presently in the custody of Defendant who resides at 587 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania 17007. During the past five years, the children have resided with the following persons and at the following addresses: Name Plaintiff and Defendant Address Dates Defendant 587 Mountain Road, Boiling Springs, PA 1989 to 8/1/09 587 Mountain Road, Boiling Springs, PA 8/1/09 to present The mother of the children is Kimberly J. Flicker, currently residing at 587 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania 17007. She is married. The father of the children is John Flicker, currently residing at 111 Bucher Hill Road, Apartment 4, Boiling Springs, Cumberland County, Pennsylvania 17007. He is married. SAIDIS, FLOWER & LWDS" AnOWEYSAT-UN 26 West High Street Carlisle, PA 4. The relationship of Plaintiff to the children is that of Father. 5. The relationship of Defendant to the children is that of Mother. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a PattY to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff can best provide for the children's spiritual, physical and emotional welfare. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody of the children. SAIDIS, FLQWE" LII. DSAY Carol j-.'LirVdsWy, squire Attorney Id. 4 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY .VQ 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. ohn Flicker Date: FLOWER & LINDSAY 26 West High Street Carlisle, PA AA' -)-a4190 JOHN FLICKER, Plaintiff V. KIMBERLY J. FLICKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Oq-59i8 IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes John Flicker by and through his counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto were joined in marriage on October 24, 1986 and separated on or about August 1, 2009. 2. On the same day as the date of filing of this Petition, Plaintiff filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania. 3. Plaintiff is unable to provide for his own reasonable needs. WHEREFORE, Petitioner prays this Honorable Court to enter an Order for alimony pendent lite. SAIDIS, FLOWER & LINDSAY CaroTJ. Linds , quire Supreme Cou I o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ; f5ffiWs•,X.uw 26 West High Street Carlisle, PA DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: JOHN FLICKER DOB: 2/4/63 SSN: 119-50-1728 ADDRESS: 111 BUCHER HILL ROAD, APARTMENT 4, BOILING SPRINGS, PA 17007 PHONE: 717-609-2351 ATTORNEY: CAROL J. LINDSAY, ESQUIRE PETITIONER'S EMPLOYMENT: FLICKER'S MECHANICAL HOW LONG? MANY YEARS NET PAY: APPROXIMATELY $30,000.00 PER YEAR JOB TITLE: SELF EMPLOYED - APPLIANCE REPAIR OTHER INCOME: NONE RESPONDENT: KIMBERLY J. FLICKER DOB: 11/4/61 SSN: 177-42-1794 ADDRESS: 587 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007 PHONE: 717-258-4259 ATTORNEY: NONE IDENTIFIED AT THIS TIME RESPONDENT'S EMPLOYMENT: HIGHMARK HOW LONG? 20 YEARS SAMIS, FLOWER & LINDSAY nnnxrvM,v uw 26 West High Street Carlisle, PA NET PAY: $40,000.00 PER YEAR JOB TITLE: CLERK OTHER INCOME: NONE KNOWN WHEN MARRIED: OCTOBER 24, 1986 WHERE: STROUDSBURG, PENNSYLVANIA DATE SEPARATED: AUGUST 1, 2009 WHERE LAST LIVED TOGETHER: MOUNTAIN ROAD, BOILING SPRINGS, PA 17007 FOR DRS INFORMATION ONLY VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. an - ohn Flicker Date: 3 -3 i - a 1 SAIDIS, FWNWR & LIlVDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the 4 day of 5-P+e- o b e,r , 2009, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, addressed as follows and via facsimile: Kimberly J. Flicker 587 Mountain Road Boiling Springs, PA 17007 SAIDIIS?, FL WER & L DS Y 11,14 _ ' Carol J. Lindsay 66 Supreme Cou ID o. 44693 26 West High eet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY A AT- 26 West High Street Carlisle, PA atoy i..-) -OR-rj 209 rF -4 Ail cu': 14 JOHN FLICKER IN THE COURT OF COMMON PLEAS OF I'l-AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY J. FLICKER DEFENDANT 2009-5918 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, _ Friday, September 04, 2009_...... __ , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 09, 2009 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/___ ohn . Mangan r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 aTHE " p o i-f-,CE ??Y 2409 SEEP ..4 Pil !. 38 1 JOHN FLICKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 0 9 -_591 8 KIMBERLY J. FLICKER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Kimberly J. Flicker. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol J. Linds , Efquire Attorney Id. 4 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff FLOWER & LENDS" 26 West High Street Carlisle, PA says that on September 2, 2009, 1 served a true and correct copy of the Complaint in Divorce upon Defendant, by mailing that document to her address at 587 Mountain Road, Boiling Springs, Pennsylvania 17007, by Certified U.S. Mail, Restricted Delivery, Return Receipt Dated: q 124 /Oq ¦ Cat11RI11?1 ,1„ !, ?M1E?a item far DsN%f" Is J I" p . • .md addroes on tfie revs= " Vne;w.AWm the c and to you. sdlltat>t1 this card to the beck of the mdpiw% or on the front If spaoe pertMts. 1. Autlc* Addressed to: ?'7 b ou-2 Pry 1-700-7 r D. In d*Awy It YES, oil 11 Isd Mall 0 Epees MeW OR 01111 M. 0 Rdw. Reo Ir - for Merehen ft 0 I it, I MY 0 G.O.D. ?D of krerk fmm 6w l? ? _Nbs address bebw: L AMtlde t#wtat Mambr*"wrwoot1w 7003 1010 0001 1189 5670 ?rrrrrrrrr?uir?? ??? M&M 11 1 oernase - lbol?t t CIS & LINDSAY ATRNDMM.IAW 26 West High Street Carlisle, PA Cc THE: M9 SEP 2' r H I In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KIMBERLY J. FLICKER, ) Docket Number 09-5918 CIVIL Defendant/Petitioner ) VS. ) PACSES Case Number 254111137 JOHN H. FLICKER, ) Other State ID Number Plaintiff/Respondent ) ORDER OF COURT You, KIMBERLY J. FLICKER, of 587 Mountain Road, Boiling Springs, Pennsylvania 17007-9520 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 8`n of December, 2009, at 10:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: we FLICKER V. FLICKER PACSES Case Number 254111137 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: ---1,? 00 4l W J. W ley Oler, Jr., JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 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 at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. FLEU- GF THE P,;,.) }.ar;'\;nTARY 20090I,T -8 P 2:'49 I In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KIMBERLY J. FLICKER, ) Docket Number 09-5918 CIVIL Defendant/Petitioner ) VS. ) PACSES Case Number 254111137 JOHN H. FLICKER, } Other State ID Number Plaintiff/Respondent ) ORDER OF COURT You, JOHN H. FLICKER, of Apartment 4, 111 Bucher Hill Road, Boiling Springs, Pennsylvania 17007-9696 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 8th of December, 2009, at 10:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: FLICKER V. FLICKER PACSES Case Number 254111137 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 2.,? , I W(- zc;?e q J. esley Oler, , JUDGE YOU HAVE THE RIGHT TO A LAXVYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 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 at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Fil.FD-4?'i=fC;E OF THE PR'01-1 !'`'\!?`?A,q'! 2009 0C f -8 PH 2: 4, 9 CUB _._.. ,?`y JOHN FLICKER, Plaintiff V. KIMBERLY FLICKER, Defendant OCT 19 2009 ? v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5918 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this a o day of October 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, John Flicker, and the Mother, Kimberly Flicker, shall have shared legal custody of Mary Flicker, born 08/04/1997 and Molly Flicker, born 09/03/1992. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing 10/10/09, Father shall have physical custody of the Mary on alternating weekends on Saturday and Sunday from 9:00 am until 8:00 pm each day. b. Father shall have physical custody of Mary every Monday, Wednesday and Friday from after school until 7:00 pm. C. It is specifically understood that Molly is 17 years old, has a job and is able to drive. Father's periods of physical custody with Molly shall be as arranged between the parties and pursuant to input from Molly's wishes. d. In regard to specific times for the custody exchanges, both parties have agreed, and shall, be flexible about the times for the times for the custodial periods. e. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Both parents have agreed to, and shall, undergo a drug and alcohol evaluation and follow the recommendations. The parties shall schedule an evaluation within 10 days of the date of this Order. Both parties shall sign releases for the evaluator to allow each parent to have input or provide information regarding the other's evaluation. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to any extent. Neither party shall consume alcoholic beverages when the Children are in their physical custody. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. A conference update with the assigned conciliator is hereby scheduled for November 17, 2009 at 9:00 am at the Court of Common PleasCarlisle PA 17013. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. D'stribution: Carol Lindsay, Esquire .,-M-arv Dissinger, Esquire ?John J. Mangan, Esquire (24? ties rnatUrr_L J. JOHN FLICKER, Plaintiff V. KIMBERLY FLICKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5918 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Mary Flicker 08/04/1997 Primary Mother Molly Flicker 09/03/1992 Primary Mother 2. A Conciliation Conference was held with regard to this matter on October 09, 2009 with the following individuals in attendance: The Mother, Kimberly Flicker, with her counsel, Mary Dissinger, Esq. The Father, John Flicker, with his counsel, Carol Lindsay, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 7 &7 Date John J. *gpK, squire Custody Conciliator FIL±EU,t - eP (,A?}ry{l7? C{ham THE' ! ' f`-? U S 2009OCT 20 Ail' i1:CSC Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 28 North Thirty-Second Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924 -fax John H. Flicker, Plaintiff VS. Kimberly Jean Flicker, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 09 - 5918 MOTION FOR LEAVE TO WITHDRAW APPEARANCE And now comes Petitioner, Mary A. Etter Dissinger, Esq., and requests this Honorable Court grant her Motion for Leave to Withdraw Appearance, and in support thereof avers as follows: 1. Petitioner is Mary A. Etter Dissinger, Esq., of the law firm of Dissinger & Dissinger, who currently represents Defendant, Kimberly Jean Flicker. 2. The Honorable Edgar B. Bayley has signed a PFA Order involving the parties, and The Honorable Judge J. Wesley Oler has signed a support order for the parties, and The Honorable Judge Guido has signed a Custody Order docketed to this case caption. 3. Kimberly Jean Flicker has terminated the services of Petitioner. (See copy of fax from Ms. Flicker to Petitioner) dated November 4, 2009 attached as exhibit A.) 4. Respondent, is represented by Carol Lindsay, Esquire. 5. Attorney Lindsay has been notified, via fax on November 5, 2009, of Petitioner's intentions to file this Motion on November 10, 2009, and she ias not responded/does/does not object to the same. Wherefore, Petitioner requests that she be permitted to withdraw as counsel for Defendant in this matter. Mary A. Etter Dissinge Attorney for Plaintif Supreme Court ID 27736 28 N. 32nd Street Camp Hill, PA 17011 (717)975-2840 (717)975-3924 - fax 11/04/2009 11:09 FAX 717 302 244" HIGHMARH 0 001 11/04/2009 Ms. Mary A. Etter Dissinger, Please cease working on any pending matters in reference to my case. 1 am dissatisfied with your charges and the results I have received thus far. Therefore, I have decided to terminate our relationship. I will notify the court of any changes that will occur in my representation. Please send me an itemized bill of any additional charges since October 28, 2009 at your convenience, so that I may pay you timely. 4rdly Please do no t respond to this fax number. EXHIBIT Attorney Carol J. Lindsay 26 West High Street Carlisle, PA 17013 AND John H. Flicker, Plaintiff VS. Kimberly Jean Flicker, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 09 - 5918 CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esq., do hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person below listed, by First Class United States Mail, postage prepaid, addressed as follows: Date: I/// ;-?a I Kimberly Jean Flicker 587 Mountain Road Boiling Springs, PA 17007 -XV Mary A. Etter Dissinge , Esq. r i -4qy f t i 4' NO09 ii`.`0V 12 John H. Flicker, Plaintiff VS. Kimberly Jean Flicker, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 09 - 5918 RULE TO SHOW CAUSE And now this 0 r^ day of November, 2009, a Rule to Show Cause why Petitioner's Motion for Leave to Withdraw Appearance should not be granted is issued upon Plaintiff, John H. Flicker. Rule returnable 10 days from the date of the service hereof. 4 J. Distribution: /Carol Lindsay, Esquire, 26 West High Street, Carlisle, PA 17013 M>ry A. Etter Dissinger, Esq. 28 N. 32nd St., Camp Hill, PA 17011 Kimberly Jean Flicker, 587 Mountain Road, Boiling Springs, PA 17007 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLICKER, NO. 09-5918 Plaintiff V. : CIVIL ACTION - LAW . IN DIVORCE KIMBERLY J. FLICKER, Defendant PRAECIPE TO WITHDRAW AND ENTER APPEARANCE Please withdraw the appearance of Mary A. Dissinger, Esquire, as legal counsel for Defendant, Kimberly J. Flicker. Mary A. Di singer, Esquire Date: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Kimberly J. Flicker. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 D? CLIFF, ESQUIRE Supreme Cou t ID # 32112 Date: ` t FILED-0FRCE OF THE PROTH! t3TARY 2009 NOV 19 PM 2i 41 CUMBE < y E"OUNTY Fi! 1' r T p? _f. 1 (• tvt.. r r 7 t I E '? 1 s, I n ?l 1 n n ?• -, ,-I •F: 1 ?- JOHN FLICKER, COURT OF COMMON PLEAS Plaintiff COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 09-5918 CIVIL TERM KIMBERLY FLICKER, Defendant IN CUSTODY PETITION FOR MODIFICATION AND NOW comes, John Flicker, by and through his counsel, Saidis Sullivan Law, and petitions this Honorable Court for modification of a Custody Order as follows: 1, The parties hereto are the parents of two children, one a minor child, Mary Flicker, born August 4, 1997. 2. Custody of Mary is controlled by an Order of Court of October 20, 2009, attached hereto as Exhibit "A". The Court's Order of October 20, 2009 was modified by Order of December 7, 2009 entered upon the Stipulation of the Parties. A copy of the December 7, 2009 Order is attached hereto as Exhibit "B". 3. Circumstances have changed so that Petitioner believes it is in the best interests of Mary to reside primarily with him because: a. For many years, Petitioner has provided before and after school care for Mary due to the flexibility of his work schedule. SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA b. Mary is spending increased time at the home of Petitioner as she desires. C. Petitioner believes and therefore avers that Mary would be happy to spend additional overnight time with Petitioner. WHEREFORE, Petitioner prays this Honorable Court to modify its Order to provide primary physical custody of Mary with Petitioner. Respectfully submitted, SAIDIS SULLIVAN LAW Carol J. LindWy, squire Attorney Id. 4469 26 West High- eet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Jan Flicker SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA OCT -19 2oo5 . JOHN FLICKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 1". No. 09-5918 CIVIL ACTION LAW KIMBERLY FLICKER, IN CUSTODY Defendant ORDER OF COURT AND NOW this JO 1?6 day of October 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, John Flicker, and the Mother, Kimberly Flicker, shall have shared legal custody of Mary Flicker, born 08!04/1997 and Molly Flicker, born 09/03,1992. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof: with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing 10/10/09, Father shall have physical custody of the Mary on alternating weekends on Saturday and Sunday from 9:00 am until 8:00 pm each day. b. Father shall have physical custody of Mary every Monday, Wednesday and Friday from after school until 7:00 pm. C. It is specifically understood that Molly is 17 years old, has a job and is able to drive. Father's periods of physical custody with Molly shall be as arranged between the parties and pursuant to input from Molly's wishes. d. In regard to specific times for the custody exchanges, both parties have agreed, and shall, be flexible about the times for the times for the custodial periods. C. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Both parents have agreed to, and shall, undergo a drug and alcohol evaluation and follow the recommendations. The parties shall schedule an evaluation within 10 days of the date of this Order. Both parties shall sign releases for the evaluator to allow each parent to have input or provide information regarding the other's evaluation. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. E70 In the event the custodial parent: should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. During any periods of custody or visitation, the parties shall not possess or use, illegal substances or consume/be under the influence of alcoholic beverages to any extent. Neither party shall consume alcoholic beverages when the Children are in their physical custody. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. A conference update with the ass:i(-,ned conciliator is hereby scheduled for November 17, 2009 at 9:00 am at the Court of Common Pleas, Carlisle. PA 17013. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: Carol Lindsay, Esquire Mary Dissinger, Esquire John J. Mangan, Esquire J. Uwe "n U JOHN FLICKER. Plaintiff KIMBERLY FLICKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5918 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litid;ation is as follows: Nan1e Date of Birth Current1 in the Custodv of 1\lary Flicker 08/04/1997 Primary Mother k4olly Flicker 09/031/1992 Primarv Mother 2. _A Conciliation Conference was held with regard to this matter on October 09, 2009 with the following individuals in attendance: The Mother_ Kimberly Flicker, with her counsel, Mary Dissinger. Esq. The Father. John Flicker, with his counsel, Carol Lindsay, Esq. 3. The parties agreed to the entry of are Order in the form as attached. Date John J. ng ,Esquire Custody Conciliator C, JOHN FLICKER, Plaintiff V. KIMBERLY FLICKER, Defendant ORDER OF COURT NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5918 CIVIL TERM IN CUSTODY day of 2009, upon consideration or the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. J. SAM-IS, FLO P-W7'?d?y ER & 2G NVesr Higl. Sri ccr Ca:iisic, PA zi have 1 _ q 'V ia R?71.fj( A 8? y i s? JOHN FLICKER, Plaintiff V. KIMBERLY FLICKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLNNSYLVANIA CIVIL ACTION -- LAW NO. 09-5918 CIVIL TERM IN CUSTODY r. (7? . h? G? - 1997, and STIPULATION OF THE PARTIES The parties hereto stipulate as follows: 1. They are the parents of two children, Mary Flicker, born August 4, Moiiv Flicker, born September 3, 1992. 2. By Order of Court of October 20, 2009, the parties share legal custody of their children. Defendant Kimberly Flicker, hereinafter "Mother", enjoys primary physical custody and John Flicker, hereinafter "Father", enjoys partial custody at times set out. 3. The parties desire to alter the physical custody arrangement as follows. Father will have partial custody of the parties' children on alternating weekends from Friday after school until Sunday at 7;00 PM. Additionally, Father will have partial custody of the children every Tuesday and Thursday from after school until 7:00 PM. 4. Notwithstanding paragraph 3 immediately preceding, the parties agree and understand that their daughter, Molly, is 17 years old, has a job, and is able to drive and so Father's period of partial custody with Molly shall be as arranged between the parties and pursuant to input from Molly's wishes. 5. Paragraphs 3 (requiring drug and alcohol evaluations of the parties) and 8 (pertaining to the use of illegal drugs and alcohol) of the Court's Order of October 20, 2009, shall no longer have any effect. 6. The parties will share holidays as they can agree. 7. All of the other terms of the Court's Order of October 20, 2009 shall be in full force and effect. 8. The terms of this Stipulation shall be made an Order of Court. Witness: f1n Flicker v Dated: Kimberly Flicker Dated: All of the other terms of the Court's Order of October 20, 2009 shall be in full force and effect. The terms of this Stipuiation shall be made an Order of Courr Witness: ?f John Fiicf:er Dated: Kimberly Flicke Jc Dated: i; J?f_ CERTIFICATE OF SERVICE I hereby certify that on this A 0 day of 54"e ca' , 010, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 SAIDIS SULLIVAN LAW Carol J. Lindsay, quire Supreme Co ID o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS SULLIVAN LAW 26 West High Street Carlisle. PA FILED-OFFICr OF THE' ROTiIONOTAR) 201, 0 S E P 28 I I : 3' I CUMBERLAND COWNI T ,' JOHN FLICKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 09-5918 CIVIL TERM KIMBERLY FLICKER, Defendant : IN CUSTODY ACCEPTANCE OF SERVICE I, Diane G. Radcliff, Esquire, attorney for Defendant, accept service of the Petition for Modification, in the above-captioned matter, and acknowledge that I am authorized to do so. 1 Date D e G. dcliff, Es 44e 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant SAIDIS '!')ULLIVAN LAW 26 West High Street Carlisle, PA JOHN FLICKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5918 CIVIL ACTION LAW KIMBERLY FLICKER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, September 27, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 28, 2010 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john j. Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 7) Cumberland County Bar Association 1 9/ f rr 10 A4 32 South Bedford Street r.1 = 77 ? -, &j4 (ofy nat?L-- j e. 41 Carlisle, Pennsylvania 17013 w=yam ;_0 Telephone (717) 249-3166 &P 'a :I '44?r J. rv /'~' FILED-QFFICF 2Q10 OCT ! 5 A~ 9~ ~4 ~ClP`1BEKL~~D v0!,lt~T'~ °E~~SY! ~~~~~~`~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLICKER, v. Plaintiff KIMBERLY J. FLICKER, Defendant No. 09-5918 CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Kimberly J. Flicker, Defendant, moves the Court to appoint a Master with respect to the following claims: [x] Divorce [x] Distribution of Property [ ]Annulment [)Support [ ]Alimony [ ]Counsel Fees [ ]Alimony Pendente Lite [ ]Costs and Expenses In support of the Motion the Defendant states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party [X] has [ ]has not appeared in the action [ ]personally [X] by his attorney, Carol J. Lindsay, Esquire. 3. The statutory ground for the divorce is Section 3301(a}(6) Indignities. 4. Check the applicable paragraphs: [ ] The action is not contested. [ ] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: Divorce 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. ?. Additional information, if any, relevant to the motion: None Date: ~ b l CL FF, ES Defendant F~~~~-~i-~~c~ 2~~6 vT (5 ~~`#i ~~ ~'3 !~!.e~j~~Ll';~~7 CCtl.f~~ i ~~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLICKER, NO. 09-5918 Plaintiff : CIVIL ACTION -LAW v. KIMBERLY J. FLICKER, Defendant IN DIVORCE INVENTORY OF KIMBERLY A. FLICKER Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ra«u. DI'A LIFF, ESQUIRE \ 3448 ad, Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID #32112 Dated: ~ 0 3 s ASSETS AND LIABILITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (X) 1. Real Property and Real Estate Mortgages (X) 2. Motor Vehicles and Vehicle Liens (X) 3. Stocks, Bonds, Securities and Options () 4. Certificates of Deposit (X) 5. Checking Accounts, Cash (} 6. Savings Accounts, Money Market and Savings Certificates () 7. Contents of Safe Deposit Boxes () 8. Trusts () 9. Life Insurance Policies () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, Copyrights, Inventions, Royalties () 14. Personal Property Outside the Home (X) 15. Business (} 16. Employment Termination Benefits-Severance Pay, Worker's Compensation () 17. Profit Sharing Plans (X) 18. Pension Plans (indicate employee contribution and date plan vests) (X) 19. Retirement Plans, Individual Retirement Accounts () 20. Disability Payments () 21. Litigation Claims (matured and unmatured) () 22. MilitaryN.A. Benefits () 23. Education Benefits () 24. Debts Due, including loans, mortgages held (X} 25. Household Furnishings and Personalty (} 26. Other Assets (X) 27. Loans, Credit Cards and Other Debts _2_ INFORMATIONAL NOTES AND CODES 1. ">" denotes information of importance 2. "~k" denotes documents/information to be supplied by the designated party. 3. ")t" denotes an item about which a decision is required. 4. "NM" denotes non-marital property, not subject to equitable distribution. 5. "HMN" denotes Husband's non-marital property. 6. "WNM" denotes Wife's non-marital property. 7. "A" denotes appraisal. 8. "d" denotes that the entry (value) is verified by a document. 9. The values used in the various Tables herein may, in some cases, be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 10. Any adjustment figures used in the various tables herein are for illustration purposes only and are no~ to be deemed a representation on the part of the Defendant as to whether an adjustment should be made or the amount of the adjustment, if any is appropriate. -3- SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: Name Maiden Name Address TABLE #1-A P'ARTI~S 1~~. John H. Flicker Date of Birth Age Health Status Educational Background Names and Relationship of Persons Living with Party Date Moved to Current Residence Date PA Residency Began Current Military Service Number of Marriagges Including Current~One Employer's Name and Address Occupation (Job Position) Date Employment Commenced Est. Income 111 Bucher Hill Road, Boiling Springs, PA 1 02/04/1963 47 Good Technical School ! Some College None 08/01 /2009 1987 N/A 2 Kimberly J. Flicker Pardoe Apt. A 7007 587 Mountain Road Boiling Springs, PA 17007 11 /04/1961 48 Good { Some College Molly Flicker (daughter) Mary Flicker (daughter) 1990 Most of Life N/A 2 Flicker's Mechanical 111 Bucher Hill Road Apt A Boiling Springs, PA ~ 7007 Self-Employed. Appliance Repair 1992 $22,000/year earning capacity (minimum) Hi hmark, Inc. 180~Center Street Camp Hill, PA 17011 1099 Reporting Specialist 12/04/1989 $42, 000.00 -4- MARRIAGE NFOR Date of Marriage Place of Marriage Date of Separation Grounds for Divorce Prior Divorce Actions Between Parties MATfQN ~~) 10/24/1987 Stroudsburg, Monroe County, PA Physical: 7/28/2009 3301(a)(6) -Indignities; 3301(c)-no fault None CHIL©RENAOF TH#3~AAARRiAGE' ~~~~ ~ ' Molly Flicker 18 09/03/1992 Hi h School Wife -Emancipated ~raduate Mary Flicker 13 08/04/1997 8th Wife Wife has custody of the children pursuant to Order of Court dated 12R/2009 entered pursuant to the parties' 11/24/09 Stipulation SUPPORT FORTH S MARRIAGE :: ~~5frl~if~''~fC3i5t Name of Party Paying Support Beneficiaries of Support Amount of Support Date of Order Docket Number of Support Order TABLE #1-E CHILQREN Ott t~THER RELATI4N~ P'te' I~'R~ ~E~~ttff:~? TE. ~tT N/A N/A N/A I(~~~Rf~IATIf~N Husband 2 children -APL offset $276/mo 9/11 /2009 663 Support 2009; Pacses No. 224111064 LIPS/MARRIAGES ~` A ~ _ '~: ~~:{~~ ~~~~1P~T~ N/A N/A -5- PROCEE' Complaint Filing Date Date of Service Manner of Service Type of Divorce Requested Economic Claims Raised E #'f -G INFORMATION;' iNT ' 08/28/2009 09/02/2009 Certified Mail/Restricted Delivery 3301(c) None --- - ...,......~ ~z.--~v.E:t«? ~vi„i17FVRnLt.~..~ilTlplllf Type of Pleading Plaintiff s Petition for APL Pleading Filing Date 09/04/2009 Type of Pleading Defendant's Answer and Cpunterclaim Pleading Filing Date 10/15/10 Type of Divorce Requested No Fault & Indignities Economic Claims Raised Equitable Distribution i~ICC3M~ ANd ~PEN~E~STATEME~iT'S Plaintiff's I&E Statement Filing Date None Filed Defendant's I8E Statement Filing Date 10/15/10 iINV~NTORI~S Plaintiff''s Inventory Filing Date None Filed Defendant's Inventory Filing Date This Filing ` ~ ` 33j'S C ~C?Cl1~1NtS; P/aintiff's 3301(c) Affidavit Date None filed Plaintiff's 3301(c) AfFdavit Filing Date Defendant's 3301(c) Affidavit Date To be filed Defendant's 3301(c) Affidavit Filing Date Plaintiff's 3301(c) Waiver of Notice Date Plaintiff's 3301(c) Waiver Filing Date To be filed Defendant's 3301(c) Waiver of Notice Date Defendant's 3301(c) Waiver Filing Date -6- PROCEEDINGSE ~~'~ ~' Date of In House Separation In House 2 Year Separation Date Date of Physical Separation Physical 2 Year Separation Date Plaintiff's 3301(d) Affidavit Date Plaintiff's 3301(d) Affidavit Date Filing Date 3301 (D) Affidavit Service Date Manner of Service of 3301(d) Affidavit Date of Plaintifif's Notice of Intent to Request Entry of Divorce Decree and Praecipe to Transmit Record Plaintiff's Notice to Request Entry of Divorce Decree and Praecipe to Transmit Record Service Date Manner of Service of Plaintiff's Notice to Reqquest Entry of Divorce Decree and 33Q1(d) Counter-Affidavit Bt~#~C Has the case been bifurcated? Date of decree granting bifurcation If bifurcation granted by consent or after hearing rvrcn~A r vn~: 1''S 7/3/2009 7/3/2011 7/28/09 7/28/11 No N/A N/A -7- SECTION I1. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: Kimbertyy Flicker vs. John 1=ticker DOM: '(Ot24187 • DOS: 7128106 Date I~pared:,,Qctvber 13, ZO1fl C ~ E F G H A B Ln Binder Description Date of Net Value Distribution Proposed Proposed No Ref Value Calculation Value ptsHusbandTo DistrilbNu~ n To 1 RE 587 Mountain Road Est 169,000.40 169,000.00 169,000.00 5 6 - RE-1 Sovereign Bank Mortgage Est 52.000.00 ` (52,000.00) (52,000.00) 7 RE-~ Net Value - 117,000AO s >$169 000 is sales price previously suggested by Frederick Lawrence of Homestead Group , ., ~._ ` ~~ s 1o v-~ 2003 Jaguar X-Type Sdn a.23.os 6,675:00 ., 6,675.00 _ ,.. TIV-G 11 12 v-2 2003 Dodge Sprinter 2500 High T Q ~ 2'009.00 12,009.00 12,009.00 Roof Cargo Van V A G 13 14 v-a 1997 VW Jetta GLS Sdn PP 7. PP s 2,400:00 2,400.00 2,400.00 15 1s v-a 1998 Pontiac Bonneville SSEi 8.23.09 1,600.00 1,600.00 1,600.00 TIV-F 4 , 1s iNV-~ H's Scottrade Brokerage Account 12.1o.os 4,926.83 4,926.83 4,926.83 zo 21 iNV-2 Wells Real Estate Funds #5360 12.15.os 11,137.05 11,137.05 11,137.05 22 ..~ .. '.. .. ~ .. L, two a ~.r~T-~ r.: „~ - ~, .:: -,. 24 A-1 Jt. Members1 st checking #0620 7,28,os 169.31 ,. 169.31 25 A-~ Jt. Members1st checking #0620 7.1e.os .3,471.40.. 3,471.40 withdrawal by Wife 2s A-1 Jt. Members1st savings #0620 7.2e.os 6.14 6.14 27 A•1 Total Jt. Membe's1st #0620 7.2a.os 3,646,85 28 2s A-2 H's Members 1St B.Ck #0623 7.2s.os 3,735.97 3,735.97 3,735.97 3o A-2 H's Members 1St B. Sav #0623 7.31.os 53.83 53.83 53.83 31 A-2 Total H's Members 1St B#0623 3,789.80 -8- 6,675.00 169.31 3,471.40 6.14 A Ln No 32 33 34 35 36 39 Kimb~riy Flicker vs. John Flicker DflM 10/24/87 • DOS: 7/28/06 Date Prepared: October 13, 2010 B C D E F G H Binder Description Date of Net Value Distribution Proposed Proposed Ref Value Calculation Value Distribution To Distribution To Husband Wife a-3 H's Member's 15' checking #1343 7.28.09 682.47 682.47 682.47 a-3 H's Member's 1S'savings #1343 7.3to9 5.00 5.00 5.00 a-s Total H's Member's 1S' #1343 __ 68.7,47 * Husband to provide account statement as of DOS (713109) or nearest statement date before DOS (7/3109) B-~ Husband's Business Inventory & Est ~ 10,000.00 Equipment >Inventory at end of 2008 was $7,687 as per tax return. *Husband to provide 2009 Return so 2009 inventory can be determined. 1 UAU0.00 10.000.00 ao FIXED ASSET TOTALS a~ Total of Assets 173,872.00 163,550.15 10,321.85 a2 ADJUSTIN>~NT FOR 5150 DIVI5IQN OF FIXED ASSETS (NQN-RETIRE#ENT) 43 Total Fixed Assets From Above 44 173,872.00 Amount Due Parties in 50/50 Division 163,550.15 10,321.85 45 Less Fixed Asset Totals Assigned to Parties From Abov 86,936.00 86,936.00 46 e 50/50 Division Adjustment Amount for Fixed Assets 163 550.15 10 321.85 (76,614.15) 76,614.15 a~ ADJt1STML~NT FflR 4.5155 DIYISt~N QF F)XED A3sETS (htoI~RETtR~MENTj a8 Net Total Fixed Assets From Above as 173,872.00 Amount Due Parties in 45/55 Division 163,550.15 10,321.85 5o Less Fixed Asset Totals Assigned to Parties From Ab 78,242.40 95,629.60 51 ove 45155 Division Adjustment Amount f Fi 163 550.15 10 321.85 or xed Assets (85,307.75) 85,307.75 w s _ 53 RET-1 Wife's Highmark 401K Plan 54 7.29.09 156,708.08 156,708.08 RET•1 Wife's 401K Plan Loan 60,865.64 95,842.44 55 21451:11 (21,451.11) RET-1 Wife's Highmark 401 K Plan Net 135,256:97 21,451.11 ( ) 5s >Above suggested distribution of Wife's 401 K plan is to arrive at an overall 55/45 division in Wife' f s avor. 57 58 RET-2 W's Highmark Pension Plan To Wife To Wife > 4.3.10 payable at normal retirement a e 12/01/26 To Wife To Wife g @ $868.mo 59 SET+aEMENT Pt_AN ToTALs so Total of Retirement Plans 135,256.97 60,865.64 74,391.33 -9- Kimberly Flicker vs. John Flicker DQM: 7':0/24!87 • DOS: 7128!06 Qate Prepared: October 13, 2010 A B C D E F G H Ln Binder Description Date of Net Value Distribution Proposed Proposed No Ref Value Calculation Value Distribution To Distribution To Husband Wife s~ AD~IU3TMEi+1T POR 5©1~4 DtYIS(aM 4F RETIREMENT' PLAWS s2 Total Retirement Plans From Above 135,256.97 60,865.64 74,391.33 s3 Amount Due Parties in 50150 Division 67,628.49 67,628.49 sa Less Retirement Plans Assigned to Parties From Above 60j ,865.64) 74 3~ , 91.33) 85 50150 Division Adjustment Amount for Retirement Plans 6,762.85 (6,762.85) ss ADJ!}~TM1tENfi fQR A~l5~ flt1ff910N OF RETIREMENT PLANS s7 Total Retirement Plans From Above 135,256.97 60,865.64 74,391.33 s8 Amount Due Parties in 45155 Division 60,865.64 74,391.33 ss Less Retirement Plans Assigned to Parties From Above 60 865.64 74 3~ , 91.33) 70 45155 Division Adjustment Amount for Retirement Plans 0.00 0.00 77 * Husband to provide proof of payment 7s D-3 Well Pump (365.67) (365.67) (365.67) 79 ~BY TaTaLs s1 Total of Debts (11,693.71) (3,700.00) (7,993.71) a2 ADJU~"t`~fENT ~QR°~Oi5b DIVISION (3F C3ERT~ 83 Total Debts From Above (11,693.71) (3,700.00) (7,993.71) sa Amount Owed by Parties for 50/50 Division (5,846.86) (5,846.86) e5 Less Debts Assigned to Parties From Above 3,700.00 7.993.71 ss 50/50 Division Adjustment Amount for Debts (2,146.86) 2,146.86 a7 ADJUSTMEN? ~t7R 45l5~ DM;~ION QF aE-RTS 8s Total Debts From Above (11,693.71) (3,700.00) (7,993.71) 89 Amount Owed by Parties for 45/55 Division (5,262.17) (6,431.54) so Less Debts Assigned to Parties From Above 3.700.00 7,993.71 si 45155 Division Adjustment Amount for Debts (1,562.17) 1,562.17 -10- SECTION II1. AND OTHER PERSONAL PROPERTY The following Tables #3-A and # ~-~ set forth the household goods and contents and other personal property of the parties: , Defendant does not believe there is or will be a dispute as to the parties household goods and contents and therefore, Tables #3-+A and #3-B have not been completed. TABLE #3-A H©USEHOLD GO©~S AND CONTENTS AND OTHER:: PERSONAS PROPERTY IN HUSBAND S PGSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION DATE IF NON- MARITAL Not in Dispute I H & W Husband -- ~ Comments: Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. The value of each item has been estimated by Defendant unless otherwsise noted. -11- SECTION IV. NON-MARITAL ASSETS AND DEBTS The following Table #4 sets forth the non-marital assets and debts of the parties: 3,a TABLE #4 NON-MARITAL PROPERTY AND DEBTS A g ~" Daa~npno~ C Non-Marital D Marital Value E Total Value F Basis for G Value Method of Exclusion If Valuation 8 Claimed to Be Supporting 1 Post DOS Increase in TgD TBD Non- Marital Documents Value of Wife's 401 k TBD Post DOS Statements 2 Post DOS Increase in TBD TBD TBD Value of Wife's Highmark Post DOS Statements Pension SECTION V. PROPERTY TRANSFERRED The following Table #5 is Defendant's listing of all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: TABLE #6 PROPERTY TRANSFERRED NO. DESCRIPTION OF PROPERTY TRANSFER CONSIDERATION TRANSFEROR TRANSFEREE DATE None Known -- Comments: -- ~ Comments: 3Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 9The value of each item has been estimated by Defendant unless otherwise noted. -12- CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on October 15, 2010, I served a copy of the within Inventory, by mailing same by first class mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 IFF, ESQUIRE Car'~p-Ftitt; FA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant -13- ~' ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLICKER, Plaintiff N0. 09-5918 CIVIL ACTION -LAW v. KIMBERLY J. FLICKER, 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 fait 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Axtd ~qJl~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~tJIAr.~ `= ~~ ~ ~-~, JOHN FLICKER, N0. 09-5918 ~ ~ ` Plaintiff _ '~ ~ ~" ~ ~~~' CIVIL ACTION -LAW ~.. ~'`' ~ -~, v. '''r, :~. ~ ~ ~ ~.__.. IN DIVORCE `~' °~'' KIMBERLY J. FLICKER, .~- `~ ca ~. Defendant . ANSWER AND COUNTERCLAIM TO DIVORCE COMPLAINT AND NOW, this ~~ay of ?~(2er' , 2010, comes the Defendant, Kimberly J. Flicker, by her attorney, Diane G. Radcliff, Esquire, and files this Answer and Counterclaim to Plaintiff's Complaint in Divorce as follows: ANSWER TO COUNT I CLAIM FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE 1. Admitted. It is admitted that Plaintiff is John Flicker, an adult individual residing at 111 Bucher Hill Road, Apt. 4, Boiling Springs, Cumberland County, PA. 2. Admitted. It is admitted that the Defendant is Kimberly J. Flicker, an adult individual who currently resides at 587 Mountain Road, Boiling Springs, Cumberland County, PA 17007. 3. Admitted. It is admitted that the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of the Complaint. 4. Admitted. It is admitted that the Plaintiff and Defendant were married on October 24, 1988 in Stroudsburg, PA . 5. Admitted. 1t is admitted that there have been no prior actions of divorce or annulment between the parties. 6. Admitted. It is admitted that the Plaintiff has been advised of the availability of counseling and that the Defendant may have a right to request that the Court require the parties participate in said counseling. It is further averred that the Defendant has been advised of the -2- availability of counseling and that the parties have a right to request that the Court require the parties participate in said counseling. 7. Admitted. It is admitted that the parties marriage is irretrievably broken. WHEREFORE, the Defendant respectfully requests this Honorable Court to grant Plaintiff's request for the entry of a decree in divorce upon resolution of any economic issues herein or heretofore raised by either party. ANSWER TO COUNT II OF PLAINTIFF'S COMPLAINT -CUSTODY 8. Defendant incorporates by reference the Answers set forth in Paragraphs 1-8 herein the same as if said Answers were set forth at length. 9. Admitted. It is admitted that: a. Plaintiff is seeking custody of the following children: Mary Flicker, born 8/4/1997, and Molly Flicker born 9/3/1992. b. The children were not born out of wedlock. c. The children are in the custody of Defendant who resides at 587 Mountain Road, Boiling Springs, Cumberland County, PA 17007. d. During the past five (5) years the children have resided with the following persons and at the following addresses: Dates: Addresses: Persons 1989-8128/09 587 Mountain Road Defendant Ft Plaintiff Boiling Springs, PA 17007 8/28!09 to 587 Mountain Road Defendant present Boiling Springs, PA 17007 e. The Mother of the children is Kimberly J. Flicker who resides at 587 Mountain Road, -3- Boiling Springs, Cumberland County, PA 17007. f. Mother is married. g. The Father of the children is John Flicker who resides at 1411 Bucher Hill Road, Apt. 4, Boiling Springs, Cumberland County, PA. h. Father is married. 10. [Sic 4] Admitted. It is admitted that the relationship of Plaintiff to the children is that of Father. 11. [Sic 5] Admitted. It is admitted that the relationship of Defendant to the children is that of Mother. 12. [Sic 6] Admitted. It is admitted that: a. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. b. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. c. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. [Sic 7] Denied. It is denied that the best interest and permanent welfare of the children would be served by granting Plaintiff custody. On the contrary it is averred that the best interest and permanent welfare of the children would be served by granting Defendant primary physical custody of the children. DEFENDANT'S COUNTERCLAIM DEFENDANT'S COUNT 1 -DIVORCE 14. Defendant incorporates by reference the Answers set forth in Paragraphs 1-13 herein the same as if said Answers were set forth at length. -4- 15. This action is not collusive. 16. Defendant avers that the grounds on which the action and this claim for divorce are based are that: a. Plaintiff has offered such indignities to the person of the Defendant, the innocent and injured spouse, as to render her condition intolerable and life burdensome. b. The marriage is irretrievably broken. WHEREFORE, Defendant requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. DEFENDANT'S COUNT II -EQUITABLE DISTRIBUTION 8. The Defendant incorporates by reference the averments set forth in Paragraphs 1-16 herein as fully as though the same were set forth at length. 9. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage, all of which is "marital property". 14. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non- marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital property and debts of the parties. y su ~lDCLIFF, ESQUIRE ndle Road Camp Hill, PA 17011 Supreme Court ID #32112 Phone: (717) 737-0100 Attorney for Defendant Date; -5- VERIFfCATION I verify that the statements made in this Answer and Counterclaim to Divorce Complaint are true and correct. Defendant understands that false statements herein are made sub}ect to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities Date: ~~~, /~ CERTIFICATE OF SERVICE AND NOW, this tS day of ,~~~0, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within ANSWER AND COUNTERCLAIM TO THE DIVORCE COMPLAINT upon the Plaintiff's attorney, Carol J. Lindsay, Esquire, by mailing same by first class mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Respectfully submitted, DIA CLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Defendant i ~ z f • ~ ORDER APPOINTING MASTER AND NOW, , 20 / ~ , E. Robert Elicker, II, Esquire is appointed Master with respect to the o owing c alms: [x] Divorce [ ]Annulment [ ]Alimony [ ]Alimony Pendente Lite [x] Distribution of Property [ ]Support [ ]Counsel Fees [ ]Costs and Expenses BY THE COURT: /' JUDGE MOVING PARTY Kimberly J. Flicker, Defendant ,/Hiane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 t C`a r'~5 m~,~ l~c~-~ P to f ~v ~ cv ~-'''~ Sohn Flicker carol J. Lindsay, Esquire 26 Wes High Street Cazlisle, PA 17013 ~~ ~~ ~~ ~~ ~ ~~ ~- ~~, ~ ~Q r~ ~° x-~ ~0 3 oc pc ~? ~ ~m ~ ~ --t c~ ~, ~ ..~ UEC 5201o JOHN FLICKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-5918 CIVIL ACTION LASS' N ° c o KIMBERLY FLICKER, IN CUSTODY co ° rn- Defendant err <A rn ov Prior Judge: Edward E. Guido, J. CD -? a ° ORDER OF COURT z a _ z _ 44\ :z _ AND NOW this 10 day of December 2010, upon consideration of the attacedrCxistly Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant t a Custody Con 'on Conference. A Custody Hearing is hereby scheduled on the - day of 06= _ 2011 at?-10 am/#m in Courtroom number 3 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, John Flicker, and the Mother, Kimberly Flicker, shall have shared legal custody of Mary Flicker, born 08/04/1997. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody on a repeating schedule as follows: a. In week one, Father shall have custody of Mary Tuesday and Thursday from after school until 7:00 pm and from Friday after school until Monday morning. b. In week two, Father shall have custody Tuesday after school until 7:00 pm and on Thursday from after school until Friday morning. C. In regard to specific times for the custody exchanges, both parties have agreed, and shall, be flexible about the times for the times for the custodial periods. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. z 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. The parties will share holidays as they can agree. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of'departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. In the event the parties mutually agree that the scheduled hearing is no longer necessary or appropriate, the parties may directly contact the assigned conciliator to schedule a conference. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. I---- y the Court, D' bution: J. C of Lindsay, Esquire _?iane Radcliff, Esquire ohn J. Mangan, Esquire OT iie_s nib I ,alit, P6 JOHN FLICKER, Plaintiff V. KIMBERLY FLICKER, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5918 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Mary Flicker 08/04/1997 Primary Mother 2. A Conciliation Conference was held with regard to this matter on October 09, 2009, an Order was issued October 20, 2009, a stipulated Order was entered December 07, 2009 and a conciliation conference was held October 28, 2010 with the following individuals in attendance: The Mother, Kimberly Flicker, with her counsel, Diane Radcliff, Esq. The Father, John Flicker, with his counsel, Carol Lindsay, Esq. 3. Father's position on custody is as follows: Father would like an increase in time with Mary and requests primary custody. Father alleges that the Tuesday and Thursday custodial periods have been overnights and his altern ating weekends have been through Monday morning. Father and Mother live relatively close to each other in Boiling Springs. Father indicates that he has a relatively flexible schedule, that he is available to watch Mary after school and that Mother does not come home until relatively late. If a hearing could have been avoided, Father indicated that he would consider a shared custody arrangement. 4. Mother's position on custody is as follows: Mother would like to retain primary custody of Mary. Mother has concerns about Father letting Mary stay overnight at friends' houses during the school week. Mother indicates that she has been flexible in regard to Father's custodial time but that the Child does not want the current schedule changed. Mother does not agree that a shared custodial situation would be in Mary's best interest. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. Z//I- Z?a Date John J. , Esquire Custo y C ciliator JOHN FLICKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 09-5918 CIVIL TERM KIMBERLY FLICKER, Defendant IN CUSTODY Judge Guido ORDER OF COURT AND NOW, this S day of / A&J7 , 2011, after hearing, the following Order is entered: 1. Legal Custody: Mother and Father shall exercise shared legal custody of the child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. 2. Physical Custody: The parties shall exercise shared legal custody as follows: i) Father shall exercise custody on Tuesday and Thursday from gam, or after school; ii) Father shall exercise custody alternating weekends from Friday at 9am, or after school, through Monday morning, or when Mother picks her up at the end of Mother's work day; iii) Mother shall exercise custody on all other days. iv) During the school year, Father is responsible for picking up the child after school each day or ensuring her supervision otherwise. Mother shall pick up the child from Father's home at the end of her work day. 3. Holidays: The parties shall alternate custody for the following holidays from 9am to 7pm: Easter : Father in even years, Mother in odd years Memorial Day: Mother in even years, Father in odd years July 4: Father in even years, Mother in odd years Labor Day: Mother in even years, Father in odd years Thanksgiving: Father in even years, Mother in odd years Christmas Period 1: Mother in even years, Father in odd years (12/24 at noon through 12/25 at noon) Christmas Period 2: Father in even years, Mother in odd years (12/25 at noon through 12/26 at noon) Mothers Day: Mother every year Fathers Day: Father every year 4. Vacation: Both parents are entitled to two non-consecutive weeks of vacation time with the child, provided they give 30 days advance notice to the other parent of their requested vacation time. Said vacation time shall begin on the vacationing parent's weekend period of custody, so that there will be no "piggybacking" of time. Notice shall include the contact information for the child, flight information if necessary, and any hotel information where the child may be staying during the vacation time. If both parents have requested the same week of vacation, the first parent to have provided notice shall prevail. 5. Extracurricular Activities. Both parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of the child, they will make certain that the child attends any extracurricular activities. The parties are directed to be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. 6. Smoke/Drink/Illegal Substances: No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any part of a confined area with the child present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the child, and no party shall be under the influence of illegal substances when in the presence of the child. BY COURT: J. cc: ?Marylou Matas, Esquire :r s Attorney for the Plaintiff = 9 Diane Radcliffe, Esquire - ` Attorney for the Defendant v- ?ap?es h1a,?ed 3?aj?i nl?? JOHN FLICKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 09-5918 CIVIL TERM KIMBERLY FLICKER, Defendant IN CUSTODY Judge Guido CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Diane G. Radcliff 3448 Trindle Rd Camp Hill, PA 17011 Dated: ?Z/2'?y ' ( Means of Service email and US mail Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Date of Service 2/28/11 C Marynigg , Es ' Attorney 919 26 West Street JOHN FLICKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 09-5918 CIVIL TERM KIMBERLY FLICKER, Defendant IN CUSTODY Judge Guido Plaintiff John Flicker's PRE-TRIAL STATEMENT AND NOW, comes Plaintiff, John Flicker, (hereinafter referred to as "Father"), by and through his counsel, Marylou Matas and the law firm of SAIDIS, SULLIVAN & ROGERS, and respectfully submits his Pre-Trial Statement as follows: 1. BACKGROUND: The Defendant hereto is Kimberly Flicker, hereinafter referred to as "Mother." Mother and Father are the parents of two children Molly and Mary Flicker. Mary Flicker is the minor child at issue here; she is 13 years old, born August 4, 1997. (Molly is a freshman at Pitt University and not a child of these proceedings.) Mary is in the 8t' grade, at Yellow Breeches Middle School. Mother and Father are married, having been married October 24, 1986, but are separated as of July 2009. Father works as an appliance repair technician and is self-employed. He lives alone in Boiling Springs. He has a flexible work schedule. His apartment is approximately 2 miles from Mother's home, and within walking distance from the child's middle school. Mother lives in Boiling Springs, also, and is employed in Camp Hill, at Highmark. She has a set work schedule. She lives with the parties' daughter. Father filed a Complaint for Custody on August 28, 2009. A custody conciliation conference was held on October 9, 2009, where an agreement was reached and an Order of Court dated October 20, 2009 was entered. That Order was subsequently altered slightly by the parties per their agreement, and an Order dated December 7, 2009 was entered. Father filed a Petition to Modify custody on September 20, 2010, in which he averred that the child is spending more time at his home than the previous Order provided and he believed Mary would like to spend more overnight time with him, as well. The parties participated in a conciliation conference and an Order of Court dated December 16, 2010 provides for Father to exercise custody on a two week rotating period as follows: Week One: Tuesday and Thursday after school until 7pm, and from Friday after school until Monday morning; Week Two: Tuesday after school until 7pm and Thursday after school overnight to Friday morning. II. ISSUE Whether it is in the child's best interests for her to spend additional time in Father's custody? Suggested Answer: Yes If there is a parent at home, is it in the child's best interests for her to be at that parent's home, rather than an empty house? Suggested Answer: Yes III. WITNESSES: A. John Flicker, to testify regarding his relationship with the child and with Mother. IV. PROPOSED RESOLUTION: Father proposes that he exercise shared legal and shared physical custody of the child as per the attached Order. He proposes that the parents alternate holidays and that they each exercise uninterrupted vacation time with the child. Father suggests that the child go to the household of the parent who will be able to provide supervision after school, if there is a parent at home for that time period. A proposed Order is attached for the Court's review. Respectfully submitted, Date: SAIDIS, SULLIVAN & ROGERS By: Ma o atas, Esquire Supr Court ID 84919 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Plaintiff r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANINA JOHN FLICKER, Plaintiff V. CIVIL ACTION - LAW NO 09-5918 CIVIL TERM KIMBERLY FLICKER, IN CUSTODY Defendant : Assigned Judge: Edward Guido ORDER AND NOW, this 3 day of 2011, upon consideration and review of the attached Motion, the Order of March 1, 2011 is hereby vacated and the prior custody Order dated December 17, 2010 is reinstated in full force and effect. By the Court, Edward E. Guido, Judge Distribution: Esquire 'Marylou Matas -vim --? , 26 West High Street co a mc `nF - Carlisle, PA 17013 Urn ? Diane G. Radcliff, Esquire 3448 Trindle Road s Camp Hill, PA 17011 ap;es lid s?a?l?, PiLED-OFF iG € `" THE PRO !40?_ 20', ! JUt124 PH 2' C 1 CUMBERLAND 11'UN i v 111 1 JOHN FLICKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-5918 KIMBERLY J. FLICKER, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR ECONOMIC RELIEF: ALIMONY AND NOW comes Petitioner, John Flicker, by and through his counsel of record, Hannah Herman-Snyder, Esquire and the law firm of Griffie and Associates and petitions this Honorable Court as follows: 1. Petitioner is the above named Plaintiff, an adult individual currently residing at 111 Bucher Hill Road, Apt. 4, Boiling Springs, Cumberland County, Pennsylvania. 2. Respondent is the above named Defendant, Kimberly J. Flicker, an adult individual currently residing at 587 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania. 3. The parties hereto are Husband and Wife, having been joined in marriage on October 24, 1988. at'?+ k, ik s 73 o na Q` 2 a 01 Le 100-? Nac 0-4• Rldmat ( e % 4. Plaintiff is without sufficient property and otherwise unable to financially support himself through appropriate employment 5. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for alimony for the Plaintiff. 6. Respondent has been advised of the filing of this Petition via her attorney of record, Diane G. Radcliff, Esquire, via first class mail, postage prepaid. WHEREFORE, Petitioner requests your Honorable Court to enter an Order in regards to alimony. Respectfully Submitted, %Aas? 1-- LA V,a ' Hannah Herman-Snyder, Esquir Attorney for Plaintiff/Petitioner 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 .- VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: J FLICKER, Plaintiff/Petitioner JOHN FLICKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-5918 KIMBERLY J. FLICKER, Defendant CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the ay{'` day of June, 2011, cause a copy of Plaintiff/Petitioner's Petition for Economic Relief: Alimony to be served upon Defendant/Respondent by serving her attorney of record, Diane G. Radcliff, Esquire, by first-class mail, postage prepaid at the following address: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 DATE: \x- 1, Lj - ? ? N P _Ak 'A6 Ax, a t, - U? -11 - r, Hannah Herman-Snyder, Esquire Attorney for Plaintiff/Petitioner 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 JOHN FLICKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-5918 KIMBERLY J. FLICKER, Defendant CIVIL ACTION - LAW MUD IN DIVORCE _ " -, r , N t'? PRE-TRIAL STATEMENT OF PLAINTIFF, JOHN FLICKER - ..,,... cn ..F . The above named Plaintiff, John Flicker, hereinafter referred to as " Husband," by arid= through his counsel, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates, files the following Pre-Trial Statement pursuant to Pennsylvania Rules of Civil Procedure 1920.33(b): 1. LIST OF ASSETS Husband's Inventory and Appraisement, in compliance with Pennsylvania Rules of Civil Procedure, was filed on June 24, 2011. All assets and debts known to Husband at the time of filing are identified thereon with all relevant information available to him at this time, likewise, being identified in the Inventory and Appraisement. II. EXPERT WITNESSES Husband does not anticipate calling expert witnesses in this matter, but Husband reserves the right to name additional witnesses based upon information received at the time of the Pre- Trial Conference. III. WITNESSES Husband will testify on his own behalf in these proceedings. It is anticipated at this time additional witnesses will not be necessary, but Husband reserves the right to name additional witnesses based upon information received at the time of the Pre-Trial Conference. IV. EXHIBITS Husband identifies the following exhibits for use at trial with all exhibits of three (3) pages or less being attached hereto: 1. Exhibit A - Husband's 2010 Tax Return. 2. Exhibit B - Correspondence in regards to the Wells real estate fund with an offer of $6,403.18 as of April 11, 2011. 3. Exhibit C - Wife's 401(k) statements, quarterly, from date of separation to present date. Husband reserves the right to identify additional exhibits, including exhibits that may be necessary to use either in cross-examination of Wife or in rebuttal testimony contrary to the testimony presented by Wife. V. GROSS INCOME Husband is self employed and his gross income for 2010 is $25,021.00. Wife's income, as per information provided as of January 27, 2011, is $3,707.02 gross per month. Neither party has any other source of income. -1N 7El1NATIONAL R E AJ_TY April 30,.!011 410 Park Avenue • 1011, Floor • Nev, York, New York 10022 Telephone: (877) 478-5038 • Fax: (888) 522-6540 • wehsofferCmadisonint.com ]ohrl Flicke, T104 P1 16313 5£7 Mountain Rd Boiling Sprgs, PA 17007-9520 RE: Opportunity to Sell Your Shares Wells Real Estate Investment Trust II, Inc. Dear Fellow Investor: No. Shares Owned: 1,164.215 Madison REIT' Liquidity, LLC, an affiliate of Madison International Realty ("Madison"), is pleased to present you with this opportunity to sell your shares (the "Shares") in Wells Real Estate Investment Trust II, Inc. ("Wells II") for: $6,403.18 or $5.50 per Share' To date, Madison has provided liquidity to several hundred Wells II investors owning over 650,000 Shares. Madison and its affiliates are fellow investors in Wells II and specialize in providing liquidity to owners of illiquid ownership interests ir all types of real estate investment vehicles. Since 1996, Madison has provided liquidity to thousands of real estate investors and has over $300 million of capital available for future purchases. Our liquidity program allows you to monetize and re-deploy your invested capital today rather than remain as an investor owning illiquid shares for an indeterminate holding period. Madison charges no commissions or fees and will pay you promptly upon receiving confirmation of the transfer of Shares. Our offer is restricted to purchasing no more than 20,000,000 Shares in Wells II. Transfers will be approved on a first-come, first-buy basis. This means any Shares tendered after this amount will not be accepted or purchased by us. If you wish to accept our offer, please follow the instructions below entitled "How to Accept This Offer." Please note that our offer will expire (unless extended) at 11:59 p.m., Eastern Time, on June 30, 2011. WHY YOU SHOULD ACCEPT THIS OFFER • WELLS II HAS CUT ITS DIVIDEND. The board of directors recently announced that dividends have been cut by 17% beginning in the first quarter of 2011. The previous quarterly dividend amount of $0.15 per Share has been reduced to $0.125 per Share due to the performance of the properties. • FUTURE DIVIDENDS REMAIN UNCERTAIN. In its 10-K filed with the SEC on March 11, 2011, Wells II made the following statement: "We may be unable to pay or maintain cash distributions or increase distributions over time, and, until we have invested the proceeds of our completed primary, public offering and our offering pursuant to our DRP, and our properties are generating sufficient cash flow, we may have difficulty funding our distributions solely from cash flow from operations, which could reduce the funds we have available for investment and the return to our investors. " • A LIQUIDATION EVENT FOR WELLS II IS UNCERTAIN. Wells II was formed nearly 8 years ago and according to its charter, is not required to provide a liquidation event to shareholders until October 2015, which remains several years away. There are no assurances that a liquidation event will occur even at that time. The number of shares and dollar amount shown is based on Shares owned as of August 5, 2010 per the stock transfer books of Wells /L This figure may have changed. You will be paid for all of the shares you own on record as shown in the most recent stock transfer books of Wells 11. YOUR SHARES ARE ILLIQUID AND DIFFICULT TO SELL. Shareholders may wish to divest themselves of a highly illiquid investment. The Shares are not currently traded on any stock exchange and there is no other established market for the Shares. THIS IS AN ALL CASH OFFER WITH NO FEES OR COMMISSIONS. Our offer provides you with the opportunity to receive cash for your Shares and pay no brokerage fees or other transaction costs of any kind. YOU MAY WISH TO TRANSFER ALL RISK TO A NEW INVESTOR THAT SPECIALIZES IN LONG- TERM ILLIQUID REAL ESTATE INVESTMENTS. Madison is a real estate investment firm that provides liquidity to investors holding illiquid or thinly traded shares or interests in all types of real estate investment vehicles. Madison is satisfied to remain a long-term investor and diversifies the associated risks among a larger portfolio of investments. For more information about our offer or to get additional copies of the offer documents, please call our Information Agent, Phoenix Advisory Partners, at the following toll-free number: (877) 478-5038. Their specialists are available to answer any questions and assist you in the process. I encourage you to read the accompanying documentation carefully and thank you for considering otnF offer. We look forward to serving you. Sincerely, N` By:./ 62 d M. Dickerman President HOW TO ACCEPT THIS OFFER Step 1. Complete the enclosed Transfer and Assignment Form. Your signature is required on the third and fourth page where indicated in the shaded area. In addition, a Medallion Signature Guarantee is required where specified on the third page. A Medallion Signature Guarantee is a certification that protects you from fraud and prevents the unauthorized transfer of securities. A Medallion Signature Guarantee can be done by your bank or broker. Step 2. Mail the completed Transfer and Assignment Form to MIRELF IV Investment Processing, LLC (the "Depositary") in the enclosed pre-addressed envelope. No stamp is required. Step 3. Once we receive confirmation from Wells 11 that your Shares have been transferred you will be paid promptly JOHN FLICKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-5918 KIMBERLY J. FLICKER, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the Qq?? day of June, 2011, cause a copy of Plaintiff's Pre-Trial Statement to be served upon the Divorce Master, E. Robert Elicker, II, Esquire, and Defendant, Kimberly J. Flicker, by way of her attorney, Diane G. Radcliff, Esquire, by first class mail, postage prepaid at the following addresses: E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 DATE: t t -,a H - 1I \V iz w. .. L A,1 G t% r n n - A .. s .A A n. Hannah Herman-Snyder, Esquire Attorney for Plaintiff Attorney ID#91537 GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 r VS. JOHN FLICKER, KIMBERLY J. FLICKER, Defendant INCOME STATEMENT OF: JOHN FLICKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5918 CIVIL ACTION -LAW IN DIVORCE I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa C.S. §4004, relating to unsworn falsifications to authorities. 6-,2-3-11 ??r?-? Date INCOME: $25,021.00 Employer: Self employed Address: Type of Work: Payroll No. Gross pay period: $ monthly Plaintiff c-a C- rl.? t S'` ...0 _ -H = co r? _? r-- r .? CD C-, ? r:= r C711 C__ N i r°- r c 7k `k Itemized Payroll Deductions: Federal Withholding: State Income Tax: Social Security: Retirement: Life Insurance: Local Wage Tax: Health Insurance Net Pay per Period: OTHER INCOME WEEK MONTH YEAR Interest $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation IRS Refund Other - Alimony Other TOTAL $ $ $ TOTAL INCOME (Fill in Appropriate Columnl EXPENSES WEEK MONTH YEAR HOME Mortgage/Rent $630.00 Maintenance UTILITIES Electric $40.00 Gas Oil Tele hone/Cable Clothing Employment Public Transportation Lunch Taxes Real Estate Personal Property Income $500.00 Insurance Homeowners Automobile Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices) $200.00 Education Private School Parochial School College Religious Personal Clothing Food/Household goods $200.00 Barber/Hairdresser CREDIT PAYMENTS: Credit Card $100.00 Charge Account Memberships Loans Credit Union $170.00 TV Loan Miscellaneous Household Help Child Care Papers/Books/Magazines Entertainment Vacation Gifts Le al Fees Charitable Contributions Other Child Support Alimony Payments Child Support $276.00 Other TOTAL EXPENSES $2,116.00 PROPERTY OWNED DESCRIPTION VALUE OWNERSHIP H W J Checking Accounts $500.00 Savings Accounts $50.00 Credit Union Stocks/Bonds Real Estate Other TOTAL $550.00 INSURANCE COMPANY POLICY # Coverage* Wife's Family Plan H W C Hospital Other Medical Other Health/Accident Disability Income Dental Other-Auto h - musband, W - Wife, C- Combined, J- Joint Supplemental Income Statement a. This form is to be filled out by a person (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similarly entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement C. Name of business: Flicker's Mechanical Address and telephone number: 111 Bucher Hill Road Boiling Springs, PA, 17007, 258-4259 Nature of business (check one) (1) parternership (2) joint venture (3) profession (4) closed corporation X (5) other (sole proprieter) e. Name of accountant, controller or other person in charge of financial records: John Flicker Annual income from business: $25,000.00 (1) How often is income resceived? When needed, if available. (2) Gross income per pay period: N/A (3) Net income per pay period: N/A (4) Specified deductions, if any: See 2010 Tax Return s. FILED-OFFI f? , r,.,, THE: PROTNOF'a, 1 ig rj 24 2* 0; CE R LA JOHN FLICKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-5918 KIMBERLY J. FLICKER, Defendant CIVIL ACTION -LAW IN DIVORCE INVENTORY AND APPRAISEMENT OF JOHN FLICKER John Flicker files the following inventory and appraisement of all property owned or possessed by either party at the time of this action was commenced and all property transferred within the preceding three years. John Flicker, Plaintiff, verifies that the statements made in this inventory and appraisement are true and correct. John Flicker understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. J99 Flicker, Plaintiff ASSETS OF THE PARTIES John Flicker marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real Property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and option (X) 4. Certificates if deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritance ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home (X) 15. Businesses (list all owners, including percentage of ownership, any officer/directors positions held by a party with a company) ( ) 16. Employment termination benefits - severance pay, workman's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vested) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured or unmatured) ( ) 22. Military N.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (includes as a category and attach itemized list if distribution of such assets as in dispute) ( ) 26. Other LIABILITIES OF PARTIES John Flicker marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED (X) 1. Mortgages ( ) 2. Judgments ( ) 3. Liens ( ) 4. Other Secured Liabilities UNSECURED ( ) 5. Credit Card Balances (X) 6. Purchases (X) 7. Loan Payments ( ) 8. Notes Payable ( ) 9. Other Unsecured Liabilities CONTINGENT OR DEFERRED ( ) 10. Contract or Agreements ( ) 11. Promissory Notes ( ) 12. Lawsuits ( ) 13. Options ( ) 14. Taxes ( ) 15. Other Contingent or Deferred Liabilities MARITAL PROPERTY John Flicker lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date of this action was commenced: Item Description Number of Property (1) The marital residence at 587 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania which has not been appraised but has an approximate value of $169,000.00. (2)(a) 2003 Jaguar X-Type Sedan with a value of $5,625.00 as of August 23, 2009. (2)(b) 2003 Dodge 2500HR Cargo Van with a value of $12,009.00 as of August 23, 2009. (2)(c) 1997 VW Jetta GLS Sedan PP with a value of $1,925.00 as of August 24, 2009. (2)(d) 1998 Pontiac Bonneville SSEI with a value of $1,600.00 as of August 24, 2009. (3)(a) Scott Trade account with a value of $4,926.83 as of December 10, 2009. (3)(b) Wells Real Estate Fund with a value of $6,403.18 as of April 30, 2011. (5)(a) Joint Members First checking account in the amount of $169.31 as of July 28, 2009, with Wife having withdrawn $3,471.40 from that account on or about that same time. (5)(b) Husband's Members First checking account, account number 0623, in the amount of $3,735,97 as of July 28, 2009. (5)(c) Husband's Members First checking account, account number 1343, in the amount of $182.47 as of July 28, 2009. (6)(a) Joint Members First savings account in the amount of $6.14 as of July 28, 2009. (6)(b) Husband's Members First savings account, account number 0623, in the amount of $53.83 as of July 31, 2009. (6)(c) Husband's Members First savings account, account number 1343, in the amount of $5.00 as of July 31, 2009. (15) Husband is self employed with business inventory and equipment valued at $10,000.00. (18) Wife's Highmark pension plan with an appraised marital portion of $68,639.25. (19) Wife's Highmark 401(k) Plan with a balance of $156,708.08 as of July 29, 2009 with a loan balance of $21,451.11 as of that date, with current information having been requested. (25) Husband has not been in the marital residence for two (2) years; however, there is property that was there that was marital that he would need to assess, including a lawnmower valuing at $3,800.00, a big screen TV, a compressor valuing for $800.00, power tools, pumps and generators being some of the items that he can list. MARITAL DEBTS AND LIABILITIES John Flicker lists all marital debt for which either both spouses have/had liability during the marriage. (1) Joint mortgage in the approximate current amount of $39,000.00 (6)(a) Shipley furnace replacement in the amount of $3,700.00 by Husband. (6)(b) Well pump replacement in the amount of $365.67 by Wife. (7)(a) Wachovia student loans, 1794-1 in the amount of $4,200.78 as of December 21, 2009. (7)(b) Wachovia student loan, 1794-2, in the amount of $3,427.26 as of December 2009, with a current value needed for both student loans. NON-MARITAL PROPERTY John Flicker lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property Item Description Reason for Number of Property Exclusion None PROPERTY TRANSFERRED Item Description Date of Consid- Person to Number of Property Transfer eration Whom Transferred None JOHN FLICKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-5918 KIMBERLY J. FLICKER, Defendant CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the q!' day of June, 2011, cause a copy of the Inventory and Appraisement to be served upon Defendant by serving her attorney of record by first-class mail, postage prepaid at the following address: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 DATE: 1d - ?t - J 1 N a?...a L e,? ^ - Hannah Herman-Snyder, Esq 're Attorney for Plaintiff Attorney ID#91537 GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLICKER, Plaintiff : No. 09-5918 V. CIVIL ACTION - LAW KIMBERLY J. FLICKER, IN DIVORCE Defendant Prior Assigned Judge: Edward E. Guido QUALIFIED DOMESTIC RELATIONS ORDER HIGHMARK INVESTMENT PLAN AND NOW, this.'60ay of December, 2011 upon consideration of the within Stipulation, IT IS HEREBY ORDERED as follows: 1. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan that is qualified under Section 401 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code. 2. Participant Information: The name, last known address, social security number and date of birth of the plan "Participant" is: Name: Kimberly J. Flicker, ("Participant") Address: P.O. Box 572, Boiling Springs, PA 17007 Social Security Number: 177-42-7492 Birth Date: 11/04/1961 Participant's Attorney Information: Name of Attorney: Diane G. Radcliff, Esquire Address: 3448 Trindle Road, Camp Hill PA 17011 Phone: 717-737-0100 1 3. Alternate Payee Information: The name, last known address, social security number and date of birth of the "Alternate Payee" is: Name: John H. Flicker ("Alternate Payee") Address: 111 Bucher Hill Road Apt. 4 Boiling Springs, PA 17007 Social Security Number: 119-50-1728 Birth Date: 02/04/1963 Alternate Payee's Attorney Information: Name of Attorney: Hannah Herman-Snyder, Esquire Address: 200 North Hanover Street, Carlisle, PA 17013 Phone: 717-243-5551 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in his/her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Highmark Investment Plan, (hereinafter referred to as "Plan"). The name and address of the Plan Administrator is: Personnel and Compensation Committee, Highmark Inc., 1800 Center Street, Camp Hill, PA 17089-0089. Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. 6. For Provision of Marital Property Rights and/or Spousal Support: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 7. Amount of Alternate Payee's Benefit (Fixed Dollar Basis): This Order assigns to Alternate Payee a portion of the Participant's Total Account Balance accumulated under the Plan as of November 18, 2011 (or the closest valuation date thereto), in the fixed 2 dollar amount of $112,196.00. (a) Alternate Payee's Share Determined From All Account(s): When determining the Alternate Payee's assigned share of the benefits, the Participant's applicable Total Account Balances shall include all amounts maintained under all of the various accounts, subaccounts and investment funds (but excluding the Participant's loan fund/account if any) established on behalf of the Participant under the Plan. (b) Allocation of Benefits: The Alternate Payee's share of the benefits shall be allocated on a "pro-rata" basis among all of the Participant's accounts maintained on his/her behalf under the Plan (but excluding the Participant's loan fund/account if any). (c) Investment Earnings: Once the Alternate Payee's assigned share of the benefits is determined above, he shall be entitled to any interest and investment earnings or losses attributable thereon for periods subsequent to November 18, 2011, until the date of total segregation. (d) Impact of Outstanding Loan Balance: In the event the Participant has an outstanding loan balance as of the assignment date specified above, then the Alternate Payee's assigned share of the benefits will not include the outstanding loan balance. (e) Establishment of New Account(s): In the event the Alternate Payee does not elect an immediate distribution, his share of the benefits described above shall be segregated and separately maintained in Account(s) established on his behalf and shall additionally be credited with any interest and investment income or losses attributable thereon from the date of segregation until the date of total distribution to the Alternate Payee. 8. Commencement Date and Form of Payment to Alternate Payee: The Alternate Payee has elected and is electing to be paid his benefits , and as a result his benefits shall be paid as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under Plan or Section 414(p) of the Internal Revenue Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to Participants and Alternate Payee's under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. 3 9. Debit of Participant's Account for Administrative Expenses: When a separate, one- time QDRO review fee is incurred by the Company for qualification of the Order, such fee will be charged to the Participant's account. Specifically, an amount equal to $330.00 will be assessed against the Participant's account balance at the time the initial DRO is submitted to QDRO Consultants Co. 10. Death of Alternate Payee: In the event of Alternate Payee's death prior to his/her receiving the full amount of benefits called for under this Order and under the benefit option chosen by Alternate Payee, such Alternate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator (or in the absence of a beneficiary designation, his/her estate), shall receive the remainder of any unpaid benefits under the terms of this Order, and in accordance with the benefit option selected by Alternate Payee. 11. Death of Participant: In the event that the Participant dies either prior to or after the establishment of a separate Account in the name of the Alternate Payee, the Participant's death shall in no way affect Alternate Payee's right to the portion of his/her benefits as stipulated herein. 12. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order which was previously deemed to be a QDRO. 13. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 14. Tax Treatment of Distributions Made Under this Order: For purposes of Sections 4 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 15. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 16. Correcting or Terminating Payments: The Plan will retain any rights it may have under its terms to suspend or terminate payments to Alternate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administration remedies available under the Plan. Payments by the Plan pursuant to this Order will be without prejudice to any right the Plan has under. applicable law to seek recoupment or offset for overpayment. If the Plan pays one party a portion of the other party's benefits under the Plan and this Order, the party receiving the overpayment will return that portion to the Plan, which in turn, will pass that portion on to the other Party. rw ? BY THE COU z czny"" c?a v rn , C a -+o o -n 7:* C-) = Z C-1 ? Cr Edward E. Guido, J. C) o Distribution to: Attorney for Plaintiff: Hannah Herman-Snyder, Esquire, 200 North Hanover Street, Carlisle, PA 17013 Attorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 1 e6 5 JOHN FLICKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-5918 KIMBERLY J. FLICKER, Defendant CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER IT IS HEREBY ORDERED AS FOLLOWS: 1. Effect of this Order as a Qualified Domestic Relations Order: The Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined benefit pension Plan that is qualified under Section 401 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code. 2. Participant Information: The name, last known address, social security number and date of the birth of the Plan "Participant" is: Name: Kimberly J. Flicker Address: xxxxxxxxxxxx xxxxxx Soc. Sec. No.: xxx-xx-xxxx Date of Birth: xx/xx/xxxx (An addendum will be provided separately from this Order to protect the privacy of the parties) Participant's Attorney Information: Name of Attorney: Diane G. Radcliff, Esquire Address: 3448 Trindle Road, Camp Hill, PA 17011 Phone: (717) 737-0100 3. Alternate Payee Information: The name, last known address, social security number and date of birth of the "Alternate Payee" is: Name: John Flicker Address: xxxxxxxxxxxxxxxxxxxxxx Soc. Sec. No.: xxx-xx-xxxx Date of Birth: xx/xx/xxxx (An addendum will be provided separately from this Order to protect the privacy of the parties) Alternate Payee's Attorney Information: Name of Attorney: Hannah Herman-Snyder, Esquire Address: 200 North Hanover Street, Carlisle, PA, 17013 Phone: (717) 243-5551 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in his mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Highmark Retirement Plan (hereinafter referred to as "Plan"). Further, any successor Plan to the Plan or any other Plan(s), to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect the Alternate Payee's right as stipulated under this Order. The name and address of the Plan Administrator is: Personnel and Compensation Committee, Highmark Inc., 1800 Center Street, Camp Hill, PA, 17089-0089. Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. 6. For Provision of Martial Property Rights and/or Spousal Support: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. BENEFIT ASSIGNED TO THE ALTERNATE PAYEE FROM THE LEGACY ACCRUED BENEFIT: 7. Amount of Alternate Payee's Benefit Based on the "Coverture Approach": This Order assigns to Alternate Payee an amount equal to the actuarial equivalent of 25% of the Marital Portion of the Participant's Accrued Benefit under the Plan as of the Participant's benefit commencement date, or the Alternate Payee's benefit commencement date, if earlier. The Marital Portion shall be determined by multiplying the Participant's Accrued Benefit by a coverture fraction (less than or equal to 1.0), the numerator of which is the number of months of the Participant's participation in the Plan earned during the marriage (from October 24, 1987 to July 28, 2009), and the denominator of which is the total number of months of the Participant's participation in the Plan as of the earlier of her date of cessation of benefit accruals or the date that Alternate Payee commences his benefits hereunder. In addition to the above, the Alternate Payee shall receive a pro-rata share of any post-retirement cost-of-living adjustments or other economic improvements made to the Participant's benefits on or after the date of the Participant's retirement or the date on which benefit accruals cease. Such pro-rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Section 7. Further, the Alternate Payee shall be entitled to a pro-rata share of any employer- provided early retirement subsidy provided to the Participant on the date of retirement, and in the event the Alternate Payee has already commenced benefits on the date of the Participant's retirement, then the amounts payable to the alternate Payee shall be increased in accordance with the Plan Administrator's practices and the Plan's actuarial principles in order to provide the Alternate Payee with a pro-rata share of such early retirement subsidy. Such pro-rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefit is calculated pursuant to Section 7 of this Order. In the event the Alternate Payee commences benefit payments prior to the Participant, the Alternate Payee shall not be entitled to receive any early retirement subsidy. 8. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, he shall be paid his benefits as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under Plan or Section 414(p) of the Internal Revenue Code, if later. The Alternate Payee may elect to receive his benefits in any one of the allowable benefit options permitted under the terms and provisions of the Plan, other than a Qualified Joint & Survivor Annuity with his current spouse as the beneficiary. If the Alternate Payee elects to commence receiving benefits prior to the Participant's normal retirement age, the Alternate Payee's separate benefit will be reduced for such early commencement using Plan factors in effect as such commencement. If, before vesting in a Plan benefit, the Participant terminates employment or dies, the Participant's benefit accrued under the Plan, including any part awarded to the Alternate Payee, will be forfeited to the extent not 100% vested. Once determined, the Alternate Payee's portion of the Plan benefit shall be actuarially adjusted using Plan factors in effect at the time benefit payments commence to the Alternate Payee. Such actuarial adjustment will take into account the age difference between the Participant and the Alternate Payee. The Alternate Payee's benefits are to be actuarially adjusted to the Alternate Payee's own life expectancy. 9. Vesting: No amount shall be payable hereunder before the Participant becomes vested under the terms of the Plan or in the event the Participant terminates service before becoming entitled to a vested benefit under the Plan. 10. Death of the Participant: In the event that the Participant predeceases the Alternate Payee, either prior to, or after such Alternate Payee's benefits commence, the Participant's death shall have no effect on the Alternate Payee's share of the benefits. The Alternate Payee will not be entitled to any survivor benefits with respect to the portion of the Participant's accrued benefit under the Plan not otherwise assigned to the Alternate Payee under this Order. 11. Death of Alternate Payee: In the event of the Alternate Payee's death, prior to commencing benefits, any benefit payable under the Plan will be paid to the Alternate Payee's beneficiary(ies), in accordance with the terms of the Plan. In the event of the death of the Alternate Payee after benefit payments commence to the Alternate Payee, benefits will be paid in accordance with the optional form of payment elected by the Alternate Payee, or the form of benefit required by this Order, which ever is applicable. 12. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type of form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the vasis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under another order that was previously deemed to be a QDRO. 13. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 14. Tax Treatment of Distribution Made Under This Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 15. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent to maintain its qualified status and the original intent of the parties as stipulated herein. 16. Correcting or Terminating Payments: The Plan will retain any rights it may have under its terms to suspend or terminate payments to Alternate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administration remedies available under the Plan. Payments by the Plan pursuant to this Order will be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. If the Plan pays one party a portion of the other party's benefits under the Plan, which in turn, will pass that portion on to the other Party. By Dort, J. c C-l _. -w, r ? C-) =C> -4 .-i C) d /gyp; ?? ?'?. %.?r /?G?jd r A, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLICKER, V. Plaintiff No. 09-5918 CIVIL ACTION - LAW KIMBERLY J. FLICKER, Defendant : IN DIVORCE : Prior Assigned Judge Edward E. Guido QUALIFIED DOMESTIC RELATIONS ORDER HIGHMARK INVESTMENT PLAN AND NOW, this ay of December, 2011 upon consideration of the within Stipulation, IT IS HEREBY ORDERED as follows: 1. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan that is qualified under Section 401 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code. 2. Participant Information: The name, last known address, social security number and date of birth of the plan "Participant" is: Name: Kimberly J. Flicker, ("Participant") Address: Social Security Number: Birth Dater Participant's Attorney Information: Name of Attorney: Diane G. Radcliff, Esquire Address: 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 1 3. Alternate Payee Information: The name, last known address, social security number and date of birth of the "Alternate Payee" is: Name: John H. Flicker ("Alternate Payee") Address: Social Security Number: - Birth Dater Alternate Payee's Attorney Information: Name of Attorney: Hannah Herman-Snyder, Esquire Address: 200 North Hanover Street, Carlisle, PA 17013 Phone: 717-243-5551 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in his/her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Highmark Investment Plan, (hereinafter referred to as "Plan"). The name and address of the Plan Administrator is: Personnel and Compensation Committee, Highmark Inc., 1800 Center Street, Camp Hill, PA 17089-0089. Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. 6. For Provision of Marital Property Rights and/or Spousal Support: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 7. Amount of Alternate Payee's Benefit (Fixed Dollar Basis): This Order assigns to Alternate Payee a portion of the Participant's Total Account Balance accumulated under the Plan as of November 18, 2011 (or the closest valuation date thereto), in the fixed 2 dollar amount of $112,196.00 (a) Alternate Payee's Share Determined From All Account(s): When determining the Alternate Payee's assigned share of the benefits, the Participant's applicable Total Account Balances shall include all amounts maintained under all of the various accounts, subaccounts and investment funds (but excluding the Participant's loan fund/account if any) established on behalf of the Participant under the Plan. (b) Allocation of Benerrts: The Alternate Payee's share of the benefits shall be allocated on a "pro-rata" basis among all of the Participant's accounts maintained on his/her behalf under the Plan (but excluding the Participant's loan fund/account if any). (c) Investment Earnings: Once the Alternate Payee's assigned share of the benefits is determined above, he shall be entitled to any interest and investment earnings or losses attributable thereon for periods subsequent to November 18, 2011, until the date of total segregation. (d) Impact of Outstanding Loan Balance: In the event the Participant has an outstanding loan balance as of the assignment date specified above, then the Alternate Payee's assigned share of the benefits will not include the outstanding loan balance. (e) Establishment of New Account(s): In the event the Alternate Payee does not elect an immediate distribution, his share of the benefits described above shall be segregated and separately maintained in Account(s) established on his behalf and shall additionally be credited with any interest and investment income or losses attributable thereon from the date of segregation until the date of total distribution to the Alternate Payee. 8. Commencement Date and Form of Payment to Alternate Payee: The Alternate Payee has elected and is electing to be paid his benefits , and as a result his benefits shall be paid as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under Plan or Section 414(p) of the Internal Revenue Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to Participants and Alternate Payee's under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. 3 9. Debit of Participant's Account for Administrative Expenses: When a separate, one- time QDRO review fee is incurred by the Company for qualification of the Order, such fee will be charged to the Participant's account. Specifically, an amount equal to $330.00 will be assessed against the Participant's account balance at the time the initial DRO is submitted to QDRO Consultants Co. 10. Death of Alternate Payee: In the event of Alternate Payee's death prior to his/her receiving the full amount of benefits called for under this Order and under the benefit option chosen by Alternate Payee, such Alternate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator (or in the absence of a beneficiary designation, his/her estate), shall receive the remainder of any unpaid benefits under the terms of this Order, and in accordance with the benefit option selected by Alternate Payee. 11. Death of Participant: In the event that the Participant dies either prior to or after the establishment of a separate Account in the name of the Alternate Payee, the Participant's death shall in no way affect Alternate Payee's right to the portion of his/her benefits as stipulated herein. 12. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order which was previously deemed to be a QDRO. 13. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 14. Tax Treatment of Distributions Made Under this Order: For purposes of Sections 4 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 15. 16. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Correcting or Terminating Payments: The Plan will retain any rights it may have under its terms to suspend or terminate payments to Alternate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administration remedies available under the Plan. Payments by the Plan pursuant to this Order will be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. If the Plan pays one party a portion of the other party's benefits under the Plan and this Order, the party receiving the overpayment will return that portion to the Plan, which in turn, will pass that portion on to the other Party. BY TH Edward E. Guido, J. Distribution to: Attorney for Plaintiff: Hannah Herman-Snyder, Esquire, 200 North Hanover Street, Carlisle, PA 17013 J Attorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 a =m ?- M? ZC _0i ' -<> ? MC -a .. _4 M -1 Ln 5