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HomeMy WebLinkAbout10-2605RLE?Or-`Cf 'T THE Feu^'! ?"'? APY 2010 APR 21 AM 11: J 7 SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire ID #90918 4431 North Front Street, 3`d FIr. Harrisburg, PA 17110-1778 (717) 234-2401 i demmel(a.sasl l p. com Attorney for Plaintiff KATHLEEN FELDGUS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10 -021005 (. -w'%Crem DAVID FELDGUS, DEFENDANT CIVIL ACTION - 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 3g1.5o Amny dd" 34 SOUTH BEDFORD STREET e01615(' rt CARLISLE, PA 17013 PJ*040866 (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. All arrangements must be made at least 72 hours prior to any hearing of business before the Court. SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire ID #90918 4431 North Front Street, Yd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Wemmel a sasllp corn Attorney for Plaintiff KATHLEEN FELDGUS, PLAINTIFF V. DAVID FELDGUS, DEFENDANT DOCKET NO. CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Kathleen Feldgus, by and through her attorneys, SMIGEL, ANDERSON & SACKS, LLP, and represents as follows: COUNTI DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Kathleen Feldgus, who currently resides at 210 South College Street, Carlisle, Cumberland County, Pennsylvania and has resided there since on or about 2000. 2. Defendant is David Feldgus, who currently resides at 210 South College Street, Carlisle, Cumberland County, Pennsylvania and has resided there since on or about 2000. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 16, 1990, at Hershey, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are children of the parties under the age of 18, namely: Nathen Feldgus, born April 13, 1998. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree of divorce. COUNT II EQUITABLE DISTRIBUTION 9. Plaintiff repeats and realleges the averments of paragraphs 1 through 8 which are incorporated by reference herein. 10. Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute the marital property after an inventory and appraisement has been filed by the parties. Respectfully Submitted, Date: 1(' 20 10 SMIGEL, ANDERSON & SACKS, LLP By: mimeEsburg, emmel, Esquire I.D. #x'90918 4431 Front Street, 3`d Mr. PA 17110-1778 (717) 234-2401 Attorney for Plaintiff VERIFICATION I, Kathleen Feldgus, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 7 h,5 A 0 K t n Feldgus w Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 = FICc n OUP SY KATHLEEN FELDGUS, Plaintiff V. IN TNECOURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2010-2605 - CIVIL TERM DAVID FELDGUS, Defendant CIVIL ACTION -DIVORCE PETITION TO MAKE RULE ABSOLUTE 1. Petitioner is counsel for Defendant, Barbara Sumple-Sullivan, Esquire. 2. Respondent is Defendant, David M. Feldgus. 3. On February 03, 2011, Petitioner filed a Motion to Withdraw her Appearance in this action. 4. On February 07, 2011, the Court issued a Rule returnable in twenty (20) days upon Plaintiff and Defendant to show cause why the Motion to Withdraw Appearance should not be granted. 5. The Rule was served upon Defendant by letter dated February 11, 2011. A copy of the Delivery Confirmation Receipt (Number: 03101230 00001474 8776) is attached hereto as Exhibit "A" evidencing delivery on February 12, 2011. 6. Also by letter dated February 11, 2011, the Rule was served upon counsel for Plaintiff by regular mail. 7. No timely answer or other response was filed to said Rule by Defendant or counsel for Plaintiff. 8. Petitioner requests that the Rule issued on February 07, 2011, be made absolute and Petitioner shall be allowed to withdraw from the matter. 9. The Honorable Judge Wesley Oler, Jr. has been assigned to this matter. WHEREFORE, Petitioner requests the Rule be DATE: February28, 2011 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN FELDGUS, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO.: 2010-2605 - CIVIL TERM DAVID FELDGUS, Defendant : CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date I served a true and correct copy of the Petition to Make Rule Absolute in the above-captioned matter upon the following individual(s) by United States first-class mail, postage prepaid, addressed as follows: James R. Demmel, Esquire SMIGEL, ANDERSON AND SACKS, LLP 4431 North Front Street 3rd Floor Harrisburg, PA 17110-1778 Mr. David M. Feldgus 1322 Spring Road Carlisle, PA 17013 DATE: March 01, 2011 Sara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 LISPS - Track & Confirm W d7-ES . Track Confirm Search Results Label/Receipt Number: 03101230 0000 1474 8776 Expected Delivery Date: February 12, 2011 Class: Priority Mail@ Service(s): Delivery ConfirmationTM Status: Delivered Your item was delivered at 10:03 am on February 12, 2011 in CARLISLE, PA 17013. Detailed Results: • Delivered, February 12, 2011, 10:03 am, CARLISLE, PA 17013 ¦ Out for Delivery, February 12, 2011, 8:40 am, CARLISLE, PA 17013 • Sorting Complete, February 12, 2011, 8:30 am, CARLISLE, PA 17013 • Arrival at Post Office, February 12, 2011, 6:12 am, CARLISLE, PA 17013 ¦ Acceptance, February 11, 2011, 4:03 pm, NEW CUMBERLAND, PA 17070 Page 1 of 1 Home I Help Track & Confirm Tel ?& ... z . , Enter Label/Receipt Number. I`?I?cati?n Dptians Track & Confirm by email - Get current event information or updates for your item sent to you or others by email. I> UA Postal Service Delivery Confirmation Receipt ro- Postage and Delivery Confirmation fees must be paid before mailing r` Article Sent To: (to bs cmnPIetod by mailer) SCL?J IG? m, F? R , PA (7 013 i I C3 POSTAL CUSTOMER: Postmark Keep this receipt For Inqui a ries: m Access Internet web site at n.i N www2Asps.com • I c a 1 . - ,` or ca(, 1-800-222-1811 CHECK ONE tea (POSTAL USE ONLT) C3 XPrtorityMaii 1\ v,r M -Service OFlrst-Class MaIPparcel PS Form 152, M ?Package Services May 2002 parcel (3ea Reverse) EXHIBIT `6A" http://trkcnfrmi.smi.usps.com/PTSIntemetWeb/InterLabeUnquiry.do 2/28/2011 -A . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 ! 549 Bridge Street New Cumberland, PA 17070 717 774-1445 KATHLEEN FELDGUS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID FELDGUS, Defendant : DOCKET NO.: 2010-2605 - CIVIL TERM : CIVIL ACTION -DIVORCE ORDER AND NOW, this day of_8AV 2011, upon consideration of the Petition to Make Rule Absolute, said Petition is hereby GRANTED. It is further ORDERED and DECREED that Barbara Sumple-Sullivan, Esquire is hereby released as counsel for Defendant, David M. Feldgus. BY THE COURT: ?i??Ct,?ouro?. ?urnple - Su I I Ivan ,F,? James V/ ?. Demmel, Mr. David M. Fe(d9us To led ap 3181i(pr-g KATHLEEN FELDGUS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10-2605 CIVL TERM DAVID FELDGUS, DEFENDANT CIVIL ACTION- DIVORCE CERTIFICATE OF SERVICE I, James Demmel, Esquire, Attorney for Plaintiff, Kathleen Feldgus, do hereby certify that on the -_ day of rcl? , 2011 1 served an original and one (1) copy of Plaintiff's First Request for Pr duction of Documents addressed to Defendant, David Feldgus, in the above-captioned matter, first class mail addressed as follows: MR. DAVID FELDGUS 1322 SPRING ROAD CARLISLE, PA 17013 SMIGEL, ANDERSON & SACKS, LLP By: \,__ I ? - 1) -- J es R. De mel, Esquire I.D. #: 90918 t31 Nort ront Street H isb g, PA 17110 (717) 234-2401 Attorney for Plaintiff - 14 - FILED-OFFICE Cc THE PROTHONOTARY 2017 JAN -5 AM 11: 32 CUMBERLAND COUNTY PENNSYLVANIA SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire ID #90918 4431 North Front Street, 3`d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 jdemmelosaslip.com Attorney for Plaintiff KATHLEEN FELDGUS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10-2605 CIVL TERM DAVID FELDGUS, DEFENDANT CIVIL ACTION- DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on April 21, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date:` 0 Ka y eldgus, Plaintiff If FILED-OFFICE. OF THE PROTHONOTARY 2012 JAN -S AM 11: 33 CUMBERLAND COUNTY PENNSYLVANIA SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire ID #90918 4431 North Front Street, P Fir. Harrisburg, PA 17110-1778 (717) 234-2401 idemmel@sasllp.com Attorney for Plaintiff KATHLEEN FELDGUS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10-2605 CIVL TERM DAVID FELDGUS, DEFENDANT CIVIL ACTION- DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7or Kath dgus, Plaintiff r r FiLED-OFFICE C HE PROTHONOTARY 2012 JAN -5 AM 11: 33 CUMBERLAND COUNTY PENNSYLVANIA SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire ID #90918 4431 North Front Street, 3`d Flr Harrisburg, PA 17110-1778 (717) 234-2401 idemmelr`sasllp.com Attorney for Plaintiff KATHLEEN FELDGUS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10-2605 CIVL TERM DAVID FELDGUS, DEFENDANT CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on April 21, 2010, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date D II avid Fel gus, Defend FILED-OFFICL . 1-?JE RROTHONOTAR s 2012 JAN -5 AH li- 34 rO PENNSYLVANIA TY SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire ID 490918 4431 North Front Street, P Flr. Harrisburg, PA 17110-1778 (717) 234-2401 idemmel a.saslip-corn Attorney for Plaintiff KATHLEEN FELDGUS, PLAINTIFF V. DAVID FELDGUS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10-2605 CIVL TERM CIVIL ACTION- DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Z 3d (- i avid Feldgus, Defend f ? ? f C-) PROPERTY SETTLEMENT AGREEMENT c_ N AGREEMENT made this ?? d day of 6-?'j'w = ? , ? 0 . CPT- ?1 C C between DAVID M. FELDGUS ("David") and KATHLEEN Tt"{... 'ELDGI#C) ("Kathy"). Ga sa o-? Tsc? C) 20 orr; v W I T N E S S E T H: The parties hereto are Husband and Wife, having been married on June 16, 1990 in Hershey, Pennsylvania. There was one child, Nathen, born of the marriage on April 13, 1998. Diverse unhappy differences and difficulties have arisen between the parties and it is the intention of David and Kathy to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; the equitable distribution of such property; the settling of all matters between them relating to the past, present and future alimony, support and/or maintenance of David by Kathy or of Kathy by David; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of Y 1 f which is hereby acknowledged by each of the parties hereto, David and Kathy, each intending to be legally bound hereby, agree as follows: 1. NO BAR TO DIVORCE; NO MERGER Nothing in this Agreement shall be construed as a relinquishment by either party of the right to prosecute or defend any suit for divorce in any court of proper jurisdiction. Both parties agree to proceed promptly in the obtaining of a divorce under Section 3301(c) of the Divorce Code, including signing any affidavits, waivers of notice and time periods permitted by the Court. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 10-2605. The parties agree that they will execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the signing of this Agreement. Thereafter, counsel for Kathy shall file a Praecipe to Transmit Record and obtain a divorce decree. If either David or Kathy fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement for which the other may receive counsel fees and sanctions. Said breach does not entitle either party to seek termination, or invalidation, of this Agreement, nor does it permit the other party to assert the agreement as void for failure to execute the Consent and Waiver. It is further specifically understood and agreed that the 2 provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. 2. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE It is specifically agreed that an executed copy of this Agreement shall be incorporated, by reference, into a divorce judgment or decree entered at Case No. 10-2605 in the Court of Common Pleas of Cumberland County. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment. 3. ADVICE OF COUNSEL A. David and Kathy declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that David has been independently represented by Norman Perlberger, Esquire; and Kathy has been independently represented by James R. Demme 1, Esquire, with respect to the preparation and execution of this Agreement and the completion of the parties' divorce. B. The parties represent that they have resolved the issues of equitable distribution with informal disclosures and limited formal discovery. Nevertheless, the parties hereby acknowledge that each has an understanding of the identity, value, and extent of the marital estate, including, but not limited to all property listed in the separate names of the 3 parties hereto, and that this Agreement reflects their understanding. C. David and Kathy each declare that he and she are executing this Agreement freely and voluntarily and that he and she acknowledge that this Agreement is, in the circumstances, fair and equitable and that execution of it is not the result of any duress or undue influence and that it is not she result of any collusion or improper or illegal agreement or agreements. 4. PERSONAL RIGHTS David and Kathy may and shall, at all times hereafter, live separate and apart. Each shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment that to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either David or Kathy of the lawfulness of the causes that led to, or resulted in, the continuation of their living apart. David and Kathy shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 4 5. REAL PROPERTY A. The parties are the owners of their former marital residence at 210 So. College Avenue, Carlisle, PA 17013. While the parties have not obtained a formal appraisal, the last tax assessment valued the property at $405,500 and the parties acknowledge that its estimated fair market value is between $350-375,000, and the first mortgage with Wachovia/Wells Fargo Bank is approximately $180,000. David agrees to convey his interest in the former marital residence by quitclaim deed to Kathy, who will assume sole responsibility for the first mortgage, any and all real estate taxes, insurance, utilities and related costs, holding David harmless for any such liability. Upon receipt of the quitclaim deed, Kathy agrees that she will apply to Wachovia/Wells Fargo in order to remove David from said mortgage application or, in the alternative, obtain a new mortgage by refinancing with another institution. There is an outstanding line of credit with Wachovia/Wells Fargo which had a balance of approximately $4,400 as of June 2010. David agrees to assume full responsibility for this debt and shall remove it as a lien against the house within ten (10) days of execution of this Agreement. B. There are two commercial properties acquired during the marriage: 3127 Spring Road, Carlisle, PA 17013 and 103 E. South Street, Carlisle, PA 17013. While the parties have not obtained formal appraisals, the last tax assessments valued the properties at $97,750 and the parties acknowledge that their combined estimated fair market value is between $105-118,000. 5 The parties agree that said properties shall become David's sole assets and any instruments or documents needed to convey title or release Kathy's interests therein shall be executed simultaneously with the transfer of the former marital residence. David shall be entitled to keep any rents he has or will receive from these properties and David will assume sole responsibility for any debt, all real estate taxes, insurance, utilities and related costs, holding Kathy harmless for any such liability. 6. RELEASE OF BUSINESS INTERESTS Kathy releases, waives and forever abandons any right, title or interest in David' s business known as " Crazy Cars, LLC". 7. PERSONAL PROPERTY Kathy agrees that David shall be entitled to remove from the former marital residence, upon reasonable notice, the items listed on Schedule "A" attached hereto. To the extent that any damage occurs in the removal of said items, David agrees to be responsible for repair, and further that he will replace the light fixtures referred to above. After removal of the above, it is agreed that any personal property, not otherwise addressed in this Agreement, shall be deemed the sole and separate property of the party owning or possessing same at the execution of this Agreement. 6 I 8. RETIREMENT BENEFITS Kathy has a SERS retirement account. While David is unaware of its current value, Kathy represents and warrants that she has not made any withdrawals from the account since its last disclosed value of $142,326 as of December 31, 2009. It is agreed that the parties will execute and submit to the Court for approval a Qualified Domestic Relations Order ("QDRO"), as required by the Plan Administrator, that will divide the marital portion of Kathy's contributions and interest to the account 550 in favor of Kathy and 45% in favor of David. The proposed Domestic Relations Order is attached hereto as Exhibit B. Upon Kathy's attainment of the age provided in the plan documents, David will be entitled to obtain 450 of the marital portion of the total contributions made to Kathy's SERS account and any interest earned thereon. David agrees to release his spousal beneficial interest in Kathy's SERS account and, after approval and implementation by the plan administrator and the Court of the QDRO, Kathy will be free to name any beneficiary she wishes. 9. BROKERAGE AND BANK ACCOUNTS Prior to separation, the parties had various certificates of deposit, brokerage and bank accounts with Ameritrade, Wachovia/Wells Fargo, PSECU, Members 1St, and Sovereign Bank, some of which were personally titled (either jointly or in separate names) and some of which were business accounts. They also acknowledge that, during the course of informal discovery and through disclosures made by the parties to each other and 7 through counsel, it became evident that unilateral withdrawals, unauthorized payments and closing of accounts occurred. In addition, some of the accounts were voluntarily divided between the parties. To the extent that any such accounts still exist (and as of 2/28/11 there was a balance in an Ameritrade account with a balance of slightly less than $7,000), each party releases his or her right to the accounts or their prior balances. Kathy agrees that David may keep any balance remaining in the Ameritrade account, and to the extent required, will sign any documents with said institution to reflect her waiver. 10. AUTOMOBILE Kathy shall retain ownership of her 2007 Chevy Equinox and David releases any interest he may have had in said vehicle. 11. PERSONAL INJURY CLAIM David has disclosed to Kathy that he has a pending personal injury claim that arose from injuries he sustained in an automobile accident. He has represented to Kathy that the net proceeds that he will receive from settlement discussions between counsel will be approximately $12,000. To the extent that David's share of the proceeds equals or is less than $12,000, Kathy releases her interest, if any, in same; however, if David's net proceeds exceed $12,000, David agrees to share that excess recovery 50-50 with Kathy. Upon distribution, David will provide Kathy with a copy of the net check and distribution sheet to determine if Kathy is entitled to any portion thereof. 8 f ? 1 12. INHERITANCE FROM THIRD PARTY David has disclosed to Kathy, through counsel, a substantial inheritance he received from the Estate of Richard Weintraub, who had been a close friend to David. Kathy agrees that this inheritance was realized post-separation and she hereby releases, waives and forever abandons any claim she might have had by virtue of her marriage or otherwise to the proceeds David received or to any assets purchased with same. Kathy also agrees that this waiver shall be a bar to any claim that said proceeds may be considered and computed in any future child support order that Kathy may hereafter seek or obtain. Both parties agree that any and all actual income of any sort earned on the principal sum of David's inheritance shall be considered income for support purposes. If the actual income earned is less than the average interest rate for a certificate of deposit at Wachovia Bank, 604 East High St, Carlisle, PA ("average interest rate") for the balance of all accounts containing David's inherited funds as of the date the support action is filed, the average interest rate shall be used to calculate the reasonable income potential of the inheritance funds for support purposes. 13. EQUITABLE DISTRIBUTION It is specifically understood and agreed that the parties each own separate property in his or her own separate names. The 9 T,T IT- parties hereby agree that all such property of whatever nature, or wherever situate, which is in the sole and separate names of each of the parties, shall remain the sole and separate property of each party. David and Kathy agree that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by David and Kathy or either of them during the marriage, as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 14. SPOUSAL SUPPORT AND POST-DIVORCE ALIMONY Both parties hereby waive and release each other from any claims for past, present or future spousal support, alimony pendent lite or post-divorce alimony. Notwithstanding the foregoing, Kathy agrees to cooperate with David, including providing the necessary documentation, in obtaining COBRA health coverage for himself upon divorce, which he will bear as his sole expense. 15. COUNSEL FEES AND COSTS Each party shall be responsible for his or her own counsel fees, costs and expenses. 16. DEBTS AND LIABILITIES Except as otherwise provided in this Agreement, each party shall be henceforth responsible for his or her own debts, incurred prior to their final separation and any time after said 10 separation (including but not limited to business debt and credit cards), and each agrees to hold the other party harmless from any claims, debts and liabilities therefrom. 17. CHILD SUPPORT AND CHILD CUSTODY A. Although David and Kathy understand that the parents of a minor child may not waive a child's right to receive child support from both parents, according to their earnings or earning capacities, Kathy agrees that she will not institute any child support proceedings on or before June 30, 2012. B. Notwithstanding the foregoing, Kathy agrees to provide health insurance for Nathen. David and Kathy agree to split equally the unreimbursed orthodontist and summer camp expenses for Nathen. As for unreimbursed health-related expenses, David will be solely responsible for any counseling he undertakes with Nathen; except for the above, Kathy will pay the first $250 of unreimbursed expenses and the remaining unreimbursed expenses will be shared equally by Nathen's parents, subject to the customary requirement that, except in emergencies, both parties will consult and keep the other informed of any intended care or treatment, and both parties agree that they will not unreasonably withhold their consent. 18. TAXES The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or 11 any assessment of any such tax is made against ei-her of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 19. INDEMNIFICATION Each party represents and warrants to the other that he or she has not incurred any debts, contracts, obligations, or other liabilities, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other 12 -- -- - - ---- Wr '..- W costs and expenses reasonably incurred 'n investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to David or Kathy from any inaccurate representation made by or on behalf of either David or Kathy to the other in this Agreement, any breach of any of the warranties made by David or Kathy in this Agreement, or breach or default in performance by David or Kathy of any of the obligations to be performed by such party hereunder. David and Kathy agree to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 20. BREACH It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 13 21. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 22. CHILD'S ACCOUNTS The parties acknowledge that David is the custodian for Nathen's investment accounts. The parties agree that all accounts held in Nathen's name with David as custodian will be maintained and used solely for college or other post-secondary educational expenses for Nathen and that no withdrawals shall be made from those accounts without prior approval of both parties. David shall, at Kathy's request, provide documentation to her regarding the custodial accounts he holds for Nathen. Nathen shall be maintained as sole beneficiary of the custodial accounts held in David's name. Either parent may contribute to these or any other savings vehicles for the funding of college educational expenses for Nathen as they may voluntarily choose to do, but such contributions are not required. Any educational accounts opened by either party after the date of this Agreement with funds separate from the accounts that exist as of the date this Agreement is executed shall be controlled and disbursed solely at that party's discretion. 23. NO BAR TO FURTHER PROCEEDINGS It is agreed that this Agreement shall not be impaired by 14 any divorce decree that may be granted or have been granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to this date. 24. MUTUAL RELEASES David and Kathy each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and :interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, except 15 and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of David and Kathy to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the i.m-Qlementation and satisfaction of any conditions precedent, if any as set forth herein. 25. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, successors or assigns. 26. ENTIRE AGREEMENT David and Kathy do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be 16 considered a waiver of any other terms of this Agreement. 27. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default. 28. SEVERABILITY If any term, condition, 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 respect this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, shall in no way avoid or alter the remaining obligations of the parties. This paragraph shall in no way alter Kathy's obligations under paragraph 5B of this Agreement. 29. EFFECTIVE DATE The effective date of this Agreement: shall be the date it is executed by the parties. If it is not executed on the same date, the "effective date" shall be the date of execution by the party last executing this Agreement. 17 30. CONTROLLING LAW The parties agree that this Agreement shall be construed and enforced under Pennsylvania law. 31. MUTUAL COOPERATION Each party shall take any and all steps to execute and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 32. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. This Agreement is executed in quadruplicate. D ID M. FELDGUS iKAT EE T. FELDGUS 18 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND S.S. On this, the g day of ,D9,cqm6-e-- - 2011, before me, the undersigned officer, a notary public, personally appeared, DAVID M. FELDGUS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Public Flora M. Vogt, Notary Noun Middlatcm rwp., Cumberland County Cmnmialon ixr res may 21, 2013 Member, enn+ay anla Asan41000M of Notaries ?(ol?M La) Notary Public 19 COMMONWEALTH OF PENNSYLVANIA : S.S. COUNTY OF Gi4MBF 4 NP '--DPt%-) Pt j N 0.1 this, the day of ?=?? , 2011, before me, the undersigned officer, a notary public, personally appeared KATHLEEN T. FELDGUS, known to me, or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Vicky L. Fitz, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Jan. 6, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 20 mod`,, li; P.;'. A:)"y hN The following is a list of property that David Feldgus would like from the contents of 210 S. College Street, Carlisle, PA 17013 (all items have been photographed for documentation purposes): 1. Sandy Hoffman Painting titled Dancers that was given as a gift to David Feidgus in 1980 2. Any and all Art work obtained from the Feidgus or Cramer Families prior to Marriage to Kathleen Thran June 16, 1990 3. All items that were inherited from my father Bernard Howard Feidgus, deceased April 08, 20081 E4GE0f 1W, SIII. kOw- DAB..( "wAl LW& w Au" A FjCWE . 1 4. All items that I received from the estate of my aunt Shirlee Merin, deceased June 09, 1991 5. All items that I received from the estate of my grandfather Nathan Feidgus, deceased December 08, 1974 6. All items that I received from the estate of my grandmother Henrietta Feidgus, deceased June 08, 1995. 7. All items that I received from the estate of my grandfather Paul C. Cramer, deceased January 06,1991 8. All items that I received from the estate of my grandmother Lita Cramer deceased December 30, 1998 9. All items that I received from the estate of my Aunt Esther Cramer Jacobs Atlas deceased September 20, 1998 10. All items that I received from the estate of my Uncle Abe Cramer deceased January 02, 1997 Personal Property that holds sentimental value to me: t2 light fixtures received from the estate of Henrietta Feld us I Chandelier received from the estate of Lita Cramer 2 Night stands that were the property of my mother and father Grandmother Henrietta's Silverware that was divided between David Feldgus and Andrea Rubella prior to her death Dining room set that belonged to my mother and father and was obtained the estate of Esther Cramer Jacobs Atlas Coffee Table and Candy Dish obtained from the estate of Henrietta Feldgus Torch Lamp from Henrietta Feldgus Estate (From Austin Avenue Home) Chinese Chair from Henrietta Feldgus Estate (From 7th Street Home) Chinese Coffee table from the same collection that was remainder of my father's estate Glass Vase that was a wedding gift from my father's friend Mertz Porter Brass Bed Frames obtained from the estate of Lita Cramer Brass Andirons that belonged to Paul Cramer that were commandeered by my father during the divorce proceedings from Nancy Feldgus Neff SCHEDULE A re #"k*vW f:poe OA Sole ? tIme *ro & XYrzord.olK• Ay 0••fLionel lectibl'es that were purchased Burin 8the ownershi of m busine News N P Y P Y Cruise Curio Cabinet and contents obtained from Mid Atlantic Furniture Company obtained during the ownership of my business Curio Cottage all photographic equipment from my Penn State Educations BUT NQf IW- Si6? IV( a4i- V uvmr6F DP I M * C#6-. ? Dog Ornament that belonged to my grandfather's mother, Dop Crraadier that was obtained from the 4 • estate of Paul Cramer Knockoff Pie Table that was obtained during the ownership of my business Curio Cottage that % Kathy 1 despises ?Ot; Large Mirror that belonged to my uncle Abe Cramer that adorned the lobby of the Towne House Apartments than given to me by my uncle Abe Cramer when I opened my antique business •• Curio Cottage. This item was retrieved from one of his storage buildings located on Susquehanna •? , ! i Street in ? 4 Harrisburg, Pennsylvania to assist me in starting my business. Childhood Tonka To Fire Truck given to me as a childhood ift from m grandfather Nathan Feidgus • Ivory Barmitzavh religious picture that was a gift received from my uncle Abe Cramer World Globe that was a Barmitzavh gift received from my father's friend Mertz Porter O"t Radio Cabinet Bar and Bottle Radio that were property of my grandfather's business Quaker • V ? Coat Front Company Clock that was gifted to me by my Aunt Judy Schlank Vase belonged to my Aunt Shirlee Merin x Gravy Dish and Spoon from the estate of my Aunt Esther 4Laton Jones Children Fishing Painting from the estate of my Aunt Esther ~ x? My bicycles 8947 "NOT 0" n+) NM W,-q1 Ole1c.1E5. 0 My w4me Mounted d Marlin Fish caught in Atlantic City, NJ July 30, 1968 Desk that was a Penn State Graduation Gift in 1983 fro;n my grandfather Paul Cram Ceramic Elephant that was a gift received from my uncle Abe Cramer from his trav to India during the 1970's Venetian Glass Birds from the estate of my Aunt Esther Brass Pharmacy Pill Masher that belonged to my grandparents Nathan & Henrie Feldgus F Wedgwood Candy Dish that belonged to my mother 6,1 All Photographs prior to M 0AH, (9 8 6 D b O? V. 7 ' t Pinball Machines and Arcade Games 6)x or Ewm swe- ?iN6llz?? (? PQrm??? S?? Coin Collection fPfi- tuVA,0661 Sto7' E?CG?PT Go I NS N tK? IN MK?iML / *m E • PACUP-1 CA&AWT A4 Coo Coo Clock purchased in Inns brook Austria in 1980 during travel there with my father. S. All Vinyl records belonging to David Feldgus, turntable & stereo equipment to play them Soft Heat Sauna Spuds Bar Light (Pool House) • • All Childhood toys and collectibles owned prior to marriage to Kathy June 16, X99'- ( 990 . All lgamii, Religious Items OWNU d j DAVID PaSWAU,7. No ITT 6[FT%? T° KnTA• oiC ? Aqw--M g? IDAOD4 W FAAA/t j. _fflr -t- P.Hdra6AOk6 dW P•TK ?M-T9Z crAf' WILL SE 40 F-01 w1TK TW UFA,& Arr? Y. toEo r? w: d %,O< ppA-- DOMESTIC RELATIONS ORDER COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA KATHLEEN FELDGUS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10-2605 DAVID FELDGUS, DEFENDANT AND NOW, this Stipulation and Agreement dated merged, into this Order of Court. CIVIL ACTION - DIVORCE ORDER day of , 20 , the attached of the parties, in this case is incorporated, but not BY THE COURT: J. ATTEST: Distribution: Plaintiff Defendant James R. Demmel, Esquire; 4431 North Front St., Harrisburg, PA 17110 Norman Perlberger, Esquire; One Presidential Blvd., Ste. 315, Bala Cynwyd, PA 19004 SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire ID #90918 4431 North Front Street, 3" Flr. Harrisburg, PA 17110-1778 (717) 234-2401 jdemmel@sasllp.com Attorney for Plaintiff KATHLEEN FELDGUS, PLAINTIFF V. DAVID FELDGUS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10-2605 CIVL TERM CIVIL ACTION - DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this day of , 20 , the parties, Kathleen Feldgus, Plaintiff, and David Feldgus, Defendant, having been divorced by Decree dated of the Court of Common Pleas of Cumberland County, entered at docket number 10-2605, Civil Term, do hereby stipulate and agree as follows: 1. The Plaintiff, Kathleen Feldgus, (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 May 9, 1959. Member's Social Security Number shall be provided to SERS on a separate document submitted to SERS together with this Stipulation and , , , i Agreement but not filed with the Court. 4. The Defendant, David Feldgus, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is November 18, 1961. Alternate Payee's 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. Member's last known mailing address is: 210 South College St. Carlisle, PA 17013 6. Alternate Payee's current mailing address is: 1414 Bradley Drive Carlisle, PA 17013 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. Alternate Payee's share of Member's retirement benefits is Forty-Five (45%) Percent of Member's Total Contributions made between June 16, 1990 and April 21, 2010 and interest earned on those contributions. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from 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 under other SERS-approved Domestic Relations Orders (`Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. Upon filing an Application for Retirement Allowance with SERS, Member shall elect to receive a lump sum payment equal to the total amount of Member's accumulated deductions. Member shall also select a monthly annuity payable under the provisions of any retirement option offered by SERS under the Retirement Code at the time of retirement for the portion of the retirement benefit payable to Member. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall revert to Member. 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P. S. §1311, et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b)Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or IT_ 4 .. ? increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. Kathleen Feldgus Plaintiff/Member [SEAL] James R. Demmel, Esquire Attorney for Plaintiff/Member 1 'SEAL] avid Feldgus Defendant/Alternate Payee Norman Perlberger, Esquire Attorney for Defendant/Alternate Payee Authorization for Release of Account Information to Alternate Payee I, Kathleen Feldgus, authorize the Pennsylvania State Employees' Retirement System ("SERS") to release to David Feldgus any and all information that he may request regarding my SERS benefits or retirement account. This authorization is granted under the terms of the Approved Domestic Relations Order entered by the Cumberland County Court of Common Pleas on at Docket Number 10-2605 Civil Term, which names David Feldgus as Alternate Payee. A photocopy or faxed copy of this Authorization shall have the same force and effect as the original. Date Revised 3/29/2010 Member's Signature Member's Printed Name Member's Social Security Number n E F11 ED-OFF 1G' . 1ti1 'ROTHOKOTARI' Z?11 JAS ?? Ate !1 ? 34 CLIMB NNSYLYANI jY SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire ID #90918 4431 North Front Street, 3rd Fir. Harrisburg, PA 17110-1778 (717) 234-2401 jdemmel a.sasllp.com Attorney for Plaintiff KATHLEEN FELDGUS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10-2605 CIVIL TERM DAVID FELDGUS, DEFENDANT CIVIL ACTION- DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Divorce Complaint was served via U.S. Certified Mail, Return Receipt requested on Defendant on May 3, 2010. A copy of the signed Affidavit of Service is attached hereto. 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on December 8, 2011; and by Defendant on December 30, 2011. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: Not applicable. (2) Date of filing and service of the Affidavit upon the Respondent: Not applicable. 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 Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Simultaneously with the filing of this praecipe. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Simultaneously with the filing of this praecipe. Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP Date: I Z By: J es R. D me , Esquire I.D.#: 90918 4 31 No Front Street Harris urg, PA 17110-1778 (717) 234-2401 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN FELDGUS V. DAVID FELDGUS NO. 10 - 2605 CIVIL TERM DIVORCE DECREE AN D NOW, it is ordered and decreed that KATHLEEN FELDGUS - plaintiff, and DAVID FELDGUS defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: _(If no claims remain indicate "None.") None. It is further ORDERED and DECREED that the Marriage Settlement Agreement executed by and between the parties, dated December 30, 2011, is incorporated by referenced into this Decree for purposes of enforcement, but shall NOT be deemed to have been merged with this Decree. By the Court, L? . - I 'I ?l 13 • /z • eels co py/ lgoh <°fY DOMESTIC RELATIONS ORDER COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA KATHLEEN FELDGUS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10-2605 DAVID FELDGUS, DEFENDANT CIVIL ACTION - DIVORCE ORDER AND NOW, this T _day of , 20 2. , the attached Stipulation and Agreement dated ? S 2Ol2of the parties, in this case is incorporated, but not merged, into this Order of Court. THE COURT: I JCS ATTEST: V r-? n„7 Distribution: - ' Plaintiff pefendant 7") ! - = James R. Demmel, Esquire; 4431 North Front St., Harrisburg, PA 17110 y4Norman Perlberger, Esquire; Two Bala Plaza, Ste. 300, Bala Cynwyd, PA 19004 ?. ;. c'Ep. e3 rka •'?cl? ?/a wlj? ?L SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire ID #90918 4431 North Front Street, P Fir. Harrisburg, PA 17110-1778 (717) 234-2401 jdemmel(c?sasl I p. com Attorney for Plaintiff KATHLEEN FELDGUS, PLAINTIFF V. DAVID FELDGUS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10-2605 CIVL TERM CIVIL ACTION - DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY, OF "DOMESTIC RELATIONS ORDER" AND NOW, this b day of TO^ , 20 , the parties, Kathleen Feldgus, Plaintiff, and David Feldgus, Defendant, having been divorced by Decree dated January 11, 2012 of the Court of Common Pleas of Cumberland County, entered at docket number 10-2605, Civil Term, do hereby stipulate and agree as follows: 1. The Plaintiff, Kathleen Feldgus, (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 May 9, 1959. Member's 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, David Feldgus, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is November 18, 1961. Alternate Payee's 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. 5. Member's last known mailing address is: 210 South College St. Carlisle, PA 17013 6. Alternate Payee's current mailing address is: 1414 Bradley Drive Carlisle, PA 17013 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. Alternate Payee's share of Member's retirement benefits is Forty-Five (45%) Percent of Member's Total Contributions made between June 16, 1990 and April 21, 2010 and interest earned on those contributions. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from 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. N[ember 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 under other SERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable; to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. Upon filing an Application for Retirement Allowance with SERS, Member shall elect to receive a lump sum payment equal to the total amount of Member's accumulated deductions. Member shall also select a monthly annuity payable under the provisions of any retirement option offered by SERS under the Retirement Code at the time of retirement for the portion of the retirement benefit payable to Member. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall revert to Member. 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P. S. § 131 1, et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect: until such time as a further Order of Court amends or vacates the Domestic Relations Order. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. c r [SEAL] Kathleen f eldgus Plaint' f/ ember 'L] avid Feld us Defendant/Alternate Payee D-12, ,squire dant/Alternate Payee y.. N `?a