Loading...
HomeMy WebLinkAbout10-1847 JAIME D. BLACK, ESQUIRE Sup. Ct. I.D. No. 2007A5 1300 Market Street Suite 10 Lemoyne, Pa 17043 ; (717) 901-3655 - Phone jaitneblackesq@gmail'.com TRISHA PYKE, Plaintiff, V. JARED PYKE, ,? TFILED-?? l; ? ?E Hr 2010 MAR 2 7 n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 -1587 &011 TenK. Defendant. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 South Courthouse Avenue, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SH61JLD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAE AZAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS QFFICE CAN PROVIDE YOU WITH THE 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 Lawyer Referral Service Cumberland County Court Administration 4?" Floor Cumberland County Courthouse f5,1 50 Pp ATTY Carlisle, PA 17013 CO loo¢ (717) 240-6200 pras8giq 1?G d JAIME D. BLACK, ESQUIRE Sup. Ct. I.D. No. 200705 1300 Market Street Suite 10 Lemoyne, Pa 17043 (717) 901-3655 - Phone jaimeblackesq@gmail.com TRISHA PYKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. . NO. JARED PYKE, Defendant. CIVIL ACTION - LAW IN DIVORCE AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicano en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o caulquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importances para used. SED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Court Administration 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Alk JAIME D. BLACK, ESQUIRE Sup. Ct. I.D. No. 200705 1300 Market Street Suite 10 Lemoyne, Pa 17043 (717) 901-3655 - Pheae jaimeblackesq@gmai com TRISHA PYKE, Plaintiff, V. JARED PYKE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COILAINT UNDER SECTION 3301 OF THE DIVORCE CODE COUNTI 1. Plaintiff is rrisha Pyke, who currently resides at 1815 Herr Street, Harrisburg, Dauphin County, Pennsylvc aia 17103. 2. Defendant is Jared Pyke, who currently resides at 1349 W. Trindle Road, Carlisle, Cumberland Courly, Pennsylvania 17045. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintir f and Defendant were married on May 29, 2004 in Mechanicsburg, Pennsylvania. 5. There havw been no prior actions of divorce or for annulment between the parties. 6. The marris a is irretrievably broken. 7. Neither Party is a member of the Armed Forces of the United States or any of its allies. it 8. The Plaintiff has been advised of the availability of counseling and that either party may compel the other by Order of Court to attend counseling sessions. offered such indignities to Plaintiff (who is the innocent and injured 9. Defendanthas spouse) as to rendo'r Plaintiff's condition intolerable and life burdensome. 10. This action is not collusive as defined by § 3309 of the Divorce code. 11. The parties to this action separated on or about February 19, 2010 and have continued to live separate and apart. WHEREFORE , Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under §ection 3301 of the Divorce Code. 3 COUNT II--EOUITABLE DISTRIBUTION 12. The Plaintiff Incorporates by reference Paragraphs 1 through 11 of the Complaint for Divorce as fully set forth herein. 13. During the'mkriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 3502 of the Pennsylvania Divorce Code of 1986, as will be fully set forth in the Plaintiffs Inventory and Appraisement to be filed pursuant to ex Pennsylvania Rules of Civil Procedure. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of marital property. C '1. t U VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Trisha Pyke WHEREFORE, property Court to equitably divide all marital Respectfully submitted, Date: By. J ' e . Black, Esquire Attorney for Plaintiff TRISHA PYKE, Plaintiff, V. JARED PYKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1847 Defendant. CIVIL ACTION - LAW IN DIVORCT rte; PRAECIPE TO ENTER AND WITHDRAW APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: C` Kindly withdraw my appearance as counsel of record for Plaintiff in the above-captioned matter. Date: 01 ! ? J o Respectfully submitted, GATES, HALBRUNER, HATCH & GUISE, P.C. By, Jaime D. lac , Esq., Of Counsel Attpm for Plaintiff 10 I" mma Rd., Suite 100 Lemoyne, Pa 17043 (717) 731-9600 Kindly enter my appearance as pro-se litigant of record for Plaintiff in the above- captioned matter. Date: O Trisha Pyke, Pro Se 1211 North?6th Street Harrisburg, Pa 17103 I.Fn jrn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Id f A ?/'/L Vs File No. `? XV & IN DIVORCE Defendant (? N ?^ C'S NOTICE TO RESUME PRIOR SURNAME r ._ ?o Notice is hereby given that the Plaintiff / defendant in the above matter, -<> r? [select one by marking "x?>C-) z /f prior to the entry of a Final Decree in Divorce, or after the entry of a Final Dec Divorce dated w hereby elects to resume the prior surname of re 01leS , and gives this C:) ° -+c C) C /?1')- 6;L a?l written no ice avowing his / her intention pursuant the provisions of 54 P.S 704. gAZ?& Date: _1 _ 0 11011. I 'I Signature ?°"A S M -J?tt&- 61, ? Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA COUNTY OF x^ On the l !` day of _ u. y , 200/ , before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothonotary or Notary Public ?Cu??r aiM w,?N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , COMMONWEALTH OF PENNSYLVANIA TRISHA PYKE, PLAINTIFF, Civil Action---Divorce rn r- .. Docket No. 2010-1847 c? a VS. vc-? Ma :X ' JARED PYKE, DEFENDANT, ' AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 15th, 2010 and served upon defendant on March 25th, 2010 by way of an Acceptance of Service. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: 0 A LII 75? Trisha Pyke, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA TRISHA PYKE, PLAINTIFF, VS. JARED PYKE, DEFENDANT, Civil Action---Divorce Docket No. 2010-1847 =' . . .. ;a o - roc c ?j C-' . "' C0 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. & 4904 relating to unsworn falsification to authorities. Date: Trisha Pyke, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA TRISHA PYKE, PLAINTIFF, VS. JARED PYKE, DEFENDANT, Civil Action---Divorce Docket No. 2010-1847 -- ern --+ 1 = - 7 0 cyr- I L n ?Ucn 4-0 PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION CLAIMS To the Prothonotary: Please withdraw the Equitable Distribution claim on behalf of Plaintiff, Trish;i Pyke, relative to the aforementioned matter. Respectfully, Date: (716,111 Gregory S. Hazlett, :squire 7 Vest Main'Street Mechanicsburg, PA. 17055 Phone: 717-790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA TRISHA PYKE, PLAINTIFF, VS. JARED PYKE, DEFENDANT, Civil Action---Divorce m€ Docket No. 2010-1843?rn R . ?, Cn c PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION CLAIMS To the Prothonotary: Please withdraw the Equitable Distribution claim on behalf of Plaintiff, Trisha Pyke, relative to the aforementioned matter. Date: 01 1 ao `I RESPECTFULLY SUBMITTED, sha Pyke, Pro Se 1211 North 16th Street Harrisburg, PA. 17103 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA TRISHA PYKE, PLAINTIFF, VS. JARED PYKE, DEFENDANT, era ?...? -`= XM c°> Civil Action---Divorce' Docket No. 2010-1847 .: pr ? 43 CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on March 25th, 2010, service of the foregoing Divorce Complaint and related documentation, upon the following interested parties listed hereunder by way of Acceptance of Service addressed to the defendant as listed hereunder. JARED PYKE 1349 WEST TRINDLE ROAD CARLISLE, PA. 17015 GREGOR Gre c',??ett, Mquire orney for Defendant 7 West Main Street Mechanicsburg, PA. 17055 Phone: 717-790-5500 i 0 TRISHA PYKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vV. NO. 10-1847 -,ICU ca -"? r'-4 -0m JARED PYKE, Defendant. CIVIL ACTION - LAW IN DIVOR§?- a rM c7 ACCEPTANCE OF SERVICE I, Jared Pyke, accept service of the Divorce Complaint, which was filed against me on March 15, 2010 at the Cumberland County Courthouse. This document verifies that I have received notice of the proceedings of which I am a party. Date: April 7, 2010 /"'Z Jare yke LR9 ,ply,/ (Mailing Address) Car- /IA( 1;o- SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF JARED PYKE AND TRISHA PYKE ?I! THIS AGREEMENT, made this, day of , 2y and between Jared Pyke, (hereinafter referred to as" Husband",) and Trisha ke, (hereinafter referred to as " Wife".) WITNESSETH: WHEREAS, Husband and Wife were lawfully married on 29th day of May 2004 in the County of Cumberland, Commonwealth of Pennsylvania. WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other as fully as if he or she was single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the 1 cts as if he or she were single and unmarried t w -? F S- 110 110 7 R!" 4 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about February 19Th 2010, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her subsequent to the entry of the divorce decree. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about February 19th, 2010, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him. (A) OUTSTANDING MARITAL DEBTS: It is represented as between the parties that there are currently joint marital debts incurred during the marriage and consisting of a home mortgage and financing which shall addressed as hereinafter described. 5. LEGAL REPRESENTATION It is hereby acknowledged and understood as between the parties to this agreement that each is represented by legal counsel of his or her choosing. Husband has the retained Gregory S. Hazlett, Esquire as his counsel of record. The Wife had formerly retained Jamie Black, Esquire who currently has withdrawn from this case. Each party has been fully advised of their respective legal rights and responsibilities and have accordingly reached this agreement voluntarily and knowingly. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to any and all legal or equitable claims not otherwise provided for or allowed within this agreement, inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 2 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties' including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto have divided all items of personal property. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph . From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which they have divided equally pursuant to this agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real of personal, whether such property was acquired before, during or after the marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 8. REAL PROPERTY: The parties to this agreement have a legal, equitable and possessory interest in real property consisting of a marital home located at 1349 West Trindle Road, Carlisle, PA. that is subject to a mortgage obligations currently held with PNC Bank and GMC Mortgage, both of which are in both parties names. It is hereby agreed as between the parties that Husband and Wife shall surrender all their all of their right title and interest to the mortgage company and neither shall be bound to pay and costs and or expenses associated with this home including but not by way of limitation mortgage payments, insurance, taxes, utilities, and any and all other expenses relative 9. PAYMENT OF MARITAL DEBTS (a) All other debts that are Joint in nature and have been acquired during the marriage shall be neither parties responsibility to the extent that Husband has filed a Chapter 7 Bankruptcy petition and has received a discharge of all joint debts and debts solely in his name. Additionally, wife is currently in a pending chapter 13 bankruptcy that will discharge a percentage of all jointly acquired debts. 10. POST-SEPARATION OBLIGATIONS The parties agree and acknowledge that any and all obligations incurred by either party subsequent to February 19th, 2010 the date of separation shall be the sole and separate liability and responsibility of the party incurring the obligation. Each party agrees that he or she will not attempt to, and/or incur any liability financial or otherwise, to which the other parry may become liable in any capacity direct or indirect. To the extent that such party incurs a liability to which the other party may become liable, the party incurring such obligation shall indemnify and hold harmless the other party from any and all liability arising from such post-separation and/or future obligations. 11. MOTOR VEHICLES Each party shall retain legal, equitable and possessory ownership of the vehicle(s) that are currently held in their respective possession. 12. SUPPORT Each party forever releases, relinquishes, and forfeits any and all claims against the other for Spousal Support, Alimony Pendente Lite, Alimony, Costs and Expenses and any and all other claims of support of any kind. 13. PENSION PLAN(S): It is hereby agreed by and between the parties that Wife shall pay to Husband ten thousand dollars of her Pension/retirement account currently held with STATE EMPLOYEES RETIREMENT SYSTEM, which has a present value of $65,549.30 dollars as of March 22°d 2010. Husband shall be entitled to ten thousand dollars ($10,000.00) dollars from Wife's pension/retirement held with State Employee Retirement System. Wife agrees to cooperate in the signing of any and all documents to effectuate the transfer of the ten thousand dollars ($10,000.00) dollars, to Husband, including but not by way of limitation a Qualified Domestic Relations Order. It is further agreed that this distribution is designed to serve as reasonable support of the Husband spouse and as such is not dischargeable in any Bankruptcy proceeding. Wife shall release and relinquish any and all claims against the Husband's pension, 401 (k), stocks, bonds, retirement accounts, and/or any and all other accounts wheresoever located regardless of the date it was 4 acquired. 14. TAX RETURNS It is hereby agreed by and between the parties that they shall file separate tax returns and shall continue to file separately up to and subsequent to the entry of a divorce decree by and between them. 15. BANK ACCOUNTS It is specifically agreed by and between the parties that each party shall open a separate bank account within which to deposit their respective funds and shall close all existing joint bank accounts. 16. COUNSEL FEES AND EXPENSES: Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall pay their respective counsel fees and shall not advance a claim for contribution from the other party. 17. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 18. INHERITANCE Neither Wife nor Husband have any expectation of an inheritance as a beneficiary of the estate of a third party. To the extent that either or both shall receive monies and/or properties derived 5 from an inheritance each party will relinquish, waive, and forfeit any claims against the receiving parties inheritance and/or devise. Husband and Wife hereby covenant and agree that they will relinquish, release and forever forfeit any and all claims to each parties inheritances, both the principal, interest, as well as any increases in value of this inheritance. Husband and Wife further agrees that regardless of the nature of this inheritance whether it be tangible and/or intangible property real and/or personal he shall relinquish any and all claims to said inheritance that each party shall receive as the result of the death of a third party. 19. SUBSEQUENT DIVORCE / ATTORNEYS FEES Should either party file a no-fault complaint in divorce this Agreement shall be incorporated into but shall not merge into any such judgment or decree of final divorce. It is Wife's intention to file a No-Fault divorce complaint in the Court of Common Pleas of Cumberland County Pennsylvania. This agreement is not predicated on the entry of the divorce as to the nature and terms contained herein and shall be legally enforceable in the presence or absence of the entry of a Decree in Divorce and incorporated into the Divorce Decree upon its entry. 20. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties to not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each parry further hereby agrees to pay and to save and hold harmless the other parry from any and all attorney's fees and costs of litigation that either may sustain, or incur or become 6 liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing parry shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 21. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other parry any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them. 23 ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement. 7 24. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 25 MODIFICATION AND WAIVER: A modification and waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 26. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect as well as any verbal agreements or representations occurring prior to the effective date of this instrument. 27. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 28.. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 29.. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 30. VOID CLAUSES: 8 If any terms, conditions, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 31. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 9 IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above written intending to be legally bound. /j, U"-j' ) ?/" ?' J Pyke Commonwealth of Pennsylvania County of Cumberland On this, the G44"? day of Ju A.D. 2011, before me a Notary Public appeared Jared Pyke„ known to me (or satis actorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. oommowv ni pF PENNSYLVANIA Seal NOWM SON Beverly K. MwW. NdM PW* Upper Men Twp.. CUMMMd 0=* MV2!? 7.2013 M„„ t„ r, Penraywis of Notaries Title of Officer Trisha Pyke Commonwealth of Pennsylvania County of ?la tN On this, the [,.)L day of A.D. 2011, before me a Notary Public appeared Trisha Pyke, known to me (or satisfac orily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMOrMIMTH QF PENNSYLM Note* seal Denise A. Johnson, Neby pubft City of Dauphin ComW MY comhsw Ept March 8, 2012 Member, PWW*Wwft Anodetion Of NOteAes Title of Officer Seal 10 TRISHA PYKE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. JARED PYKE CIVIL DIVISION NO. 2010-1847 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the followin information to the court for e t f difZ 2? 3 , g , n ry o decree: a rce ) co -- rri I. Ground for divorce: i r Irretrievable breakdown under § (3301(c)) and c ra § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) r.._i x. CD 2. Date and manner of service of the complaint: = MARCH 25TH, 2010 ACCEPTANCE OF SERVICE _ 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiffAUGUST 2ND 2011 ; by defendant AUGUST 11 , 2011 (b) (1) Date of execution of the affidavit required by § 3301(d) of the D ivorce Code: NONE (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: NONE 4. Related claims pending: NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: 411n,,c-'- /5zA -)r,/ l r Date defendant's I Waiver of, Notice was filed with the Prothonotary: _. _ . +. 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTS COMMONWEALTH OF PENNSYLVANIA ~~ z ~ ~ uZs'"- c, ~, ..~ v w ~ TRISHA PYKE, ~ ° "~ ~~ ~ a.ka. Trisha Knolles ~ ~ ~`? PLAINTIFF, Civil Action---Divorce ..~'~ - VS. JARED PYKE, DEFENDANT, Docket No. 2010-1847 STIPLUATION AND AGREEMENT FOR THE ENTRY OF DOMESTIC RELATIONS ORDER w ..; .:~. -,-, ~; ~.. ~~~ -~ c. c~ ~-; ~', -~ ;~ ~.' AND NOW, this ~ rr~ day of 2012, the parties Trisha Pyke, a.k.a as Trisha Knolles, Plaintiff and Jared Pyke, Defendant having been divorced by Decree dated October 14th, ZOl 1, of the Court of Common Pleas of Cumberland County, entered at Docket Number, 2010-1847 Do hereby stipulate and agree as follows: 1. The Plaintiff, Trisha Pyke, a.k.a as Trisha Knolles (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania State Employees Retirement System (hereinafter referred to as "SERS") 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. 5101-5956 ("Retirement Code") 3. Member's date of birth is September 5th, 1979, members social Security Number shall be provided to SERS on a separate document submitted to SERS together with this Stipulation and Agreement but not filed with the Court. 4. The Defendant, Jared Pyke, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth provided to SERS on a separate document submitted to SERS together with this Stipulation and Agreement but not filed with the Court. 5. Member's last known mailing address is: Trisha Pyke a.k.a as Trisha Knolles 3710 N. Fourth St. Harrisburg, PA. 17110 6. Alternate Payee's current mailing address is: Jared Pyke 101 East Portland St. Mechanicsburg, PA. 17055 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The Alternate Payee's share of Member's retirement benefits is ten thousand dollars, ($10,000.00). 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from post-separation monetary contributions made by member. The equitable distribution portion of the marital property component of member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee and any other alternate payees named Alternate Payee and any other alternate payees named under other SERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to member's death. If the last Nomination of Beneficiaries Form filed by member prior to member's death (a) predates any approved Domestic Relations order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to member's death, Alternate Payee shall be treated as if Alternate Payee predeceased member. No portion of the Balance shall be payable to Alternate Payee's est~l~eaddition, member shall execute and deliver to Alternate Payee an authorization form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. Member and Alternate Payee expressly agree that at the time member files a retirement application with SER, Member shall select: Option 4.-A lump sum distribution in an amount greater than or equal to the total value of Alternate Payee's portion (as set forth in Paragraph 7 of this Stipulation) of the total accumulated deductions standing to the credit of the Member, as set forth in 71 Pa. C.S. 5705(a)(4)(iii), or any succeeding statute. Alternate Payee shall be paid the Alternate Payee's equitable distribution portion of Member's retirement benefit out of the Option 4 lump sum distribution and shall not receive any portion of Member's monthly annuity payment. Member may select any monthly annuity option offered by SERS at the time of members retirement provided that Alternate Payee's share of Member's retirement benefit is paid in full from Member's lump sum distribution. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of the payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall: (a) Be paid to Alternate Payee's Estate to the extent of Alternate payee's equitable distribution portion of Member's retirement benefit as set forth in paragraphs 7 through 9. 13. In no event shall Alternate payee have benefits or rights greater than ', those that are available to Member. Alternate Payee is not entitled to any ~II benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are j preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act 43 P.S. j 1311. et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does no require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits )determined on the basis of actuarial value) unless increased benefits are paid to member based upon cost of living adjustments or increases based on other than actuarial values. 15. The parties intend and agree that.- the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further _ _ __ _ _ _ .~ provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Oder 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately, such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. WHEREFORE, the parties intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. Dated: 07 Os l Attorney for Plaintiff/Alternate Payee Dated: ' ~ ~'