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DOROTHY G. 'HOV ER . ) IN TIlE COURT OF COHHON
Plaintiff ) PLEAS OF CUHBERLAND COUNTY.
) PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
) /600
) NO. 96- CIVIL TERH
HICHAF.L E. STOVER. )
Defendant ) IN DIVORCE
NOTICI!. m DI!.FIOOl AND CUlM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in
the foregoing pages, you .ust take prompt action. You are warned that if you fail to do
'0, the ca~e .ay proceed without you and a decree in divorce or annul.ent may be
entered against you by the court. A judgeent eay also be entered against you for any
other claim or relief requested in these papers by the plaintiff. You may lose money or
I property or other riahts important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or irretrievable breakdown of the
.arriage. you eay request .arriage counseling. A list of marriage counselors ia
available in the Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIH FOR ALIHONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE A DIVORCE OR ANNULHENT IS GRANTED, YOU HAY LOSE THE RIGHT TO CLAIH ANY
OF THEH.
YOU SHOULD TAKE THIS PAPER TO YOUR I.AWYER 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.
Court Administrator. Fourth Floor
Cumberland County Court HOllse
Carlisle, Pennsylvania 17013
Telephone : (17) 240-6200
Ii DOROTHY G. STOVER. ) IN THE COURT OF COHHON
,
I, Plaintiff ) PLEAS OF CUHBERLAND COUNTY,
j! ) PENNSYLVANIA
, )
'1 vs. ) CIVIL ACTION - LAW
!i
)
) NO. 96- CIVIL TERH
HICHAEL E. STOVER, )
Defendant ) IN DIVORCE
NOTlC2 0-' AVAII.ARYI.Tn 0' COIIMSl1.t.TMC
TO THE WITHIN-NAMED DEFENDANT:
I! You have been nailed as the Defendant in a Co.plaint in a divorce proceedina filed
I in the Court of Co..on Pleas of CUllberland County. This notice is to advise you that in
I
I
II accordance with Section 3302(d) of the Divorce Code, you .ay request that the court
I require you and your spouse to attend lIarriaae counseling prior to a divorce beina
handed down by the court. A list of professional lIarriage counselors is available at
I the Do.estic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You ar.
"
ltadvised that this list is kept as a convenience to you and you are not bound to choo..,
I'
I a counselor fro. this list. All necessary arranaellents and the cost of counselina
I sessions are to be borne by you and your spouse.
I
I If you desire to pursue counseling, you lIust .ake your request for coun..liDI,
I
I within twenty days of the date on which you receive this notice. Failure to do 110 will
! constitute a waiver of your right to request counseling.
2
.
DOROTHY G. STOVER. ) IN THE COURT OF COHHON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY.
) PENNSYLVANIA
)
vs. ) CIVIL ACTION - lAW
)
) NO. 96- /(.,(0 CIVIL TERH
HICHAEl E. STOVER, )
Defendant ) IN DIVORCE
COMPU INT IN DIVORCE
AND MOW coaes the above-named Plaintiff, DOROTHY G. STOVER, by her attorney,
Sa.uel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is DOROTHY G. STOVER, an adult individual who currently resides
at 13 Bourbon Red Drive, Hechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is MICHAEL E. STOVER, an adult individual who currently resides
at 13 Bourbon Red Drive. Hechanicsburg, Cumberland County, Pennsylvania.
3. Both the Plaintiff and Defendant have been bona fide residents of the Co..on-
wealth of Pennsylvania for at least six months immediately previous to the filing of
this Co.plaint.
4. The Plaintiff and Defendant were married on 31 July 1970 in Hagerstown.
Haryland.
5, There have been no prior actions of divorce or annul.ent between tbe parti..,
6. This marriage is irretrievably broken.
, 7. Plaintiff has been advised of the availability of marriage counseling and the'
I
Plaintiff may have the right to request that the Court require the parties to partici-
Ipate in counseling.
I
,j 8. The Plaintiff requests this Court to enter a Decree of Divorce.
I!
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DOROTHY G. STOVF.R, ) IN TilE COURT OF COHHON
Plaintiff ) PLEAS OF CUHBERLAND COUNTY,
) PENNSYLVANIA
)
, ) CIVIL ACTION - lAW
'I vs.
,
)
) NO. 96-1600 CIVIL TERH
HICHAEL E. STOVER, )
Defendant ) IN DIVORCF.
AFrIDAVIT or SERVICE BY CI!.IlTIPIP.D HAIl.
ROSEHARIE QUICKEL, being duly sworn according to law, deposes and says as follows:
1. That she is an e.ployee of Sd.uel l. Andes, attorney for the Plaintiff herein,
2. That on April 1, 1996, she delivered to the U.S. Postal Service in
le.oyne. Pennsylvania. as certified .ail (Receipt No. 376182916
return receipt
requested. addressed to the Defendant herein, a true and correct copy of the Co.plaint
in Divorce filed in the above-captioned action duly endorsed with a Notice to Defend
and Clai. Rights.
3. Said return receipt card is attached hereto as Exhibit A showina a date of
ddivery to the Defendant of April 3, 1996.
,
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'~/lir' hi dt,..: ({ f.u ;Ai.(, )
RO EHARIE QUICKEL
iSworn to and subscribed
'before .e this 2..... day
,of rv-.,..,.., 19'16.
_ 1'1'''' J{;J2,..,
Notdry Public
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DOROTHY G, STOVER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY.
) PENNSYLVANIA
I
vs. ) CIVIL ACTION - LAW
)
) NO. 96-1600 CIVIL TERM
MICHAEl. E. STOVER, I
Defendant I IN DIVORCE
APPIDAVIT OP CON8RXT
'I 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
iwas filed on ~5 March 1996 and was served upon the Defendant on or about
,
11 April 1996.
! ~. The marriage of Plaintiff and Defendant is irretrievably broken
!Iand ninety (90) days have elapsed from the date of fiUng of the
I
Ilco.Plaint and the date of service of the complaint on the Defendant.
, 3. I consent to the entry of a final decree in divorce either after
iservice of a Notice of Intention to Request Entry of the Decree or upon
filing of my Waiver of the Notice of Intention to Request Entry of the
,Decree.
t
I 4. I have been advised of the availability of marriage counseling
,and understand that the Court maintains a list of marriage counselors and
Ithat I may request the Court to require my spouse and I to participate in
IcounSeling and, being so advised. do not request that the Court require
!that my spouse and I participate in counseling prior to the divorce
!
ibecom ing f ina I .
!
! I verify that the statements made in this Affidavit are true and
I
!correct and I understand that false statements herein are made subject to
ithe penalties of 18 Pa. C.S. Section 4904 relating to unsworn
'falsification to authorities.
10 October 1996
DATE
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G. STOY:R
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DOROTHY
DOROTHY G. STOVER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
) PENNSYLVANlA.
)
vs. I CIVIL ACTION - LAW
)
I NO. 96-1600 CIVIL TERM
MICHAf:I. f" STOVER, I
Defendant I IN DIVORCE
WA~VR. OP MOTtCR OP T~RNTYO. TO RRCWJR8T ~y
OP A. DTvn.~R DRC.'RR tnm~R AReTTO. 3301'n' OIP 'I'HR DlvnRt!R con~
1. I consent to the entry of a final decree in divorce without
notice.
2. J understand that I may lose rIghts concerning ali_ony, division
'of property, lawyer's fees, or expenses if I do not claim them before a
idivorce is granted.
3. I understand that I will not be divorced until a divorce decree
lis entered by the court and that a copy of the decree will be sent to me
,
:immedlately 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.B, Section 4904 relating to unsworn
ifalsification to authorities.
, 10 October 1996
Dated:
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DOROTHY G. ST
DOROTHY G. STOVER, I IN THE COURT OF COMMON
Plaintiff I PLEAS OF CUMBERLAND COUNTY,
I PENNSYLVANIA
)
vs. I CIVIL ACTION - LAW
I
I NO. 96-1600 CIVIL TERM
MICHAEL E. STOVER, I
Defendant ) IN DIVORCE
A""TDAVIT np CON81i!1IT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on 25 March J996 and was served upon the Defendant on or about
,
[1 April 1996.
2. The marriage of Plaintiff and Defendant is irretrievably broken
land ninety (90) days have elapsed from the date of filing of the
i
!complaint and the date of service of
I
i 3. t consent to the entry of a final decree
'service of a Notice of Intention to Request Entry of the Decree or upon
I
tlfiling of my Waiver of the Notice of Intention to Request Entry of the
IIDecree.
I! 4.
,I
',and understand that the Court maintains a list of marriage counselors and
I
Ithat I may request the Court to require my spouse and I to participate in
Icounseling and. being so advised, do not request that the Court require
1
Ithat my spouse and J participate in counseling prior to the divorce
I
ibecoming final.
I
, I verify that the statements made in this Affidavit are true and
the complaint on the Defendant.
in divorce either after
J have been advised of the availability of marriage counseling
correct and I understand that false statements herein are made 8ubject to
the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
10 October 1996
DATE
~9 4e.-e~
M I AE. E. STOVE1t<..i
"
DOROTH\' G. STOVER, I IN THE COURT OF COMMON
Plaintiff I PLEAS OF CUMBERLAND COUNTY,
I PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I
) NO. 96-1600 CIVIL TERM
:' MICHAEL E. STOVER. )
Oetendant I IN DIVORCE
Ii
WAIVRR OP MOTTeR OP INTENTION TO DPSV1R8T RMTRY
i
01' A DIVnRCR nRCIlRR fJNnR. 9P.cTTON 3301 It!' 01' 'I'HR DTvn.f'!R l'!nDR
" 1. I consent to the entry of a final decree in divorce without
i notice.
~. r understand that I may lose riqhts 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
,i.mediately 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.
i:
10 October 1996
'.Dated:
~~~~
HI A E. STOVER
, It is the responsibility of Alternate Payee to keep her current address on file at all times with
SERS.
"
7. With regard to Member's benefits within SERS, the parties agree as follows:
(a) The marital property component of Member's retirement benefit equals: {11 the
Coverture Fraction multiplied by (2) the Member's retirement benefit on the effective date of
1 Member's retirement calculated by using the Member's final average salary as of the date of
i the separation of the Plaintiff and Defendant (April 30, 1996).
(b) The Coverture Fraction is a fraction with a value less than or equal to one. The
" numerator is the amount of Member's service, as defined by SERS, for the period of time
"
': from the date of the marriage of the Plaintiff and Defendant (July 31, 1970) to the date of
!i
Ii the separation of the Plaintiff and Defendant (April 30, 1996). The denominator is the total
:!
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,
'i amount of Member's service, as defined by SERS, on the effective date of Member's
"
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ii retirement.
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:1 (c) Fifty (50%) percent of the marital property component of Member's retirement
H
,
,i benefit is to be allocated to the Alternate Payee as her equitable distribution portion of this
il marital asset.
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!i 8. Member's retirement benefit is d, efined as all monies paid to or on behalf of Member
I,
i
: by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but
"
'i excluding the disability portion of any disability annuities paid to Member by SERS or any
:: deferred compensation benefits paid to Member by SERS. The equitable distribution portion
" of the marital property component of Member's retirement benefit, as set forth in Paragraph
'I Seven (7), shall be payable to Alternate Payee and shall commence as soon as
administratively feasible on or about the date the Mamber actually enters pay status and
SERS approves a Domestic Relations Oreier incorporating this Stipulation and Agreement,
whichever is later.
9. Member shall nominate Alternate Payee as the irrevocable beneficiary to the extent
of Alternate Payee's equitable distribution portion in Member's retirement benefit for any
. death benefits payable by SERS. In addition, Member shall execute and deliver to Alternate
,
I
: Payee an authorization, in a form acceptable to SERS, which will authorize SEAS to release to
i Alternate Payee all information concerning member's retirement account including but not
limited to Member's current Nomination of Beneficiaries form for death benefits. Alternate
Payee shall deliver the authorization to SEAS which will allow the Alternate Payee to check
that she has been and continues to be properly nominated under this paragraph.
10. The tarm and amounts of Member's retirement benefits payable to the Alternate
:' Payee after SEAS approves a Domestic Relations Order incorporating this Stipulation and
"
'1 Agreement is dependent upon which options are selected by Member upon retirement.
:1
'! Member and Alternate Payee expressly agree that Member shall select Special Option Four
ii upon filing an Application for Aetirement Allowance with SEAS. Special Option Four - a joint
II and equitable distribution percent (or portion) (as defined in Paragraph 7) annuity payable
I
ji during the lifetime of the Member with an equitable distribution percent (or portion) (as
,
:: defined in Paragraph 7) of such annuity payable thereafter to the Survivor Annuitant, if living
:1
:: at his death, as set forth in 71 Pa. C.S.A. 5705(a)(4) or any succeeding statute. Alternate
"
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'1 Payee acknowledges that, if Alternate Payee predeceases Member after retirement, then
ij
:' under the Special Option 4 selection no benefits are payable to Alternate Payee's estate.
,
I
11. Alternate Payee may not exercise any right, privilege or option offered by SERS.
.! SEAS shall issue individual tax forms to Member and Alternate Payee for amounts paid to
I each.
12. In the event of the death of Alternate Payee prior to receipt of all of her pay~~~'. .
'. ,_.....'\
payable to her from SERS under this Order, any death benefit or retirement benefit p.~'~'
Alternate Payee by SERS shall 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
;i
,1 Paragraphs 7 throug" 9.
,
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13. In no event shall Alternate Payee have greater benefits or rights other than those
'f which are available to Member. Alternate Payee is not ",ntitled to any benefit not otherwise
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:i provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by
,( SERS as provided in this Order. All other rights, privileges and options offered by SEAS not
I: granted to Alternate Payee by this Order are preserved for Member.
Ii
14. It is specifically intended and agreed by the parties hereto that this Order:
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(a) Does not require SERS to provide any type or form of benefit, or any option not
I
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f otherwise provided under the Retirement Code;
I
! (b) Does not require SERS to provide increased benefits (determined on the basis of
I
I actuarial value) unless increased benefits are paid to Member based upon cost of living or
I
i increases based on other than actuarial values.
r
15. The parties intend and agree that the terms of this Stipulation and Agreement shall
be approved, adopted and entered as a Domestic Aelations 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
,'::-i)I:\";
Relations Order; provided, however, that no such amendment shall require SERS to p'o~':0A
any type or form of benefit, or any option not otherwise provided by SERS, and further
provided that no such amendment or right of the Court to so amend will invalidate this
existing Order.
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6. Alternate Payee's current mailing address is:
1939 Walnut Street, 2nd FI.
Camp Hill, PA 17011
It is the responsibility of Alternate Payee to keep her current address on file at all times with
SERS.
7. With regard to Member's benefits within SEAS, the parties agree as follows:
(a) The marital property component of Member's retirement benefit equals: (1) the
Coverture Fraction multiplied by (2) the Member's retirement benefit on the effective date of
Member's retirement calculated by using the Member's final average salary as of the date of
the separation of the Plaintiff and Defendant (April 30, 1996).
(b) The Coverture Fraction is a fraction with a value less than or equal to one. The
numerator is the amount of Member's service, as defined by SERS, for the period of time
from the date of the marriage of the Plaintiff and Defendant (July 31. 1970) to the date of
the separation of the Plaintiff and Defendant (April 30, 1996). The denominator is the total
amount of Member's service, as defined by SERS, on the effective date of Member's
retirement.
(c) Fifty (50%) percent of the marital property component of Member's retirement
benefit is to be allocated to the Alternate Payee as her equitable distribution portion of this
marital asset.
8. Member's retirement benefit is defined as all monies paid to or on behalf of Member
by SERS, including any lump sum withdrawals or scheduled or ad hoc increases. but
excluding the disability portion of any disability annuities paid to Member by SEAS or any
deferred compensation benefits paid to Membe~ by SEAS. 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 the Member actually enters pay status and
"""" ~.
SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement,
whichever is later.
9. Member shall nominate Alternate Payee as the irrevocable beneficiary to the extent
of Alternate Payee's equitable distribution portion in Member's retirement benefit for any
death benefits payable by SERS. 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 information concerning member's retirement account including but not
limited to Member's current Nomination of Beneficiaries form for death benefits. Alternate
Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check
that she has been and continues to be properly nominated under this paragraph.
10. The term and amounts of Member's retirement benefits payable to the Alternate
Payee after SEAS approves a Domestic Relations Order incorporating this Stipulation and
Agreement is dependent upon which options are selected by Member upon retirement.
Member and Alternate Payee expressly agree that Member shall select Special Option Four
upon filing an Application for Retirement Allowance with SERS. Special Option Four. a joint
and equitable distribution percent (or portion) (as defined in Paragraph 7) annuity payable
during the lifetime of the Member with an equitable distribution percent (or portion) las
defined in Paragraph 7) of such annuity payable thereafter to the Survivor Annuitant, if living .
at his death, as set forth in 71 Pa. C.S.A. 5705(a)(4) or any succeeding statute. The Membe.r
shall designate the Alternate Payee as his irrevocable survivor annuitant. The Intent of this
Special Option 4 selection is to maintain levelized payments to the Alternate Payee for her life.
in the evsnt of Member's death after retirement. The Alternate Payee shall receive her
equitable distribution percentage (or portion) of the annuity which is payable to the MembeHii.fi
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during his lifetime, so that she shall receive a percentage (or portion) of the Member's check)~l
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during his lifetime and the same amount, all other things being equal, if he predeceases her ,,' "".
after retirement. The Alternate Payee acknowledges that if the Alternate Payee predeceases,;
the Member aftar retirement then under this Special Option 4 selection no benefits are
payable to the Alternate Payee's estate.
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 her paymants
payable to her from SERS under this Order, any death benefit or retirement benefit payable to
Alternate Payee by SERS shall be paid to A!ternate 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 greater benefits or rights other than those
which are available to Member. Alternate Payee is not entitled to any benefit not otherwise
provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by
SERS as provided in this Order. All other rights, privileges and options offered by SERS not
granted to Alternate Payee by this Order are preserved for Member.
14. It is specifically intended and agreed by the parties hereto that this Order:
(a) Does not require SERS to provide any type or form of benefit. or any option not
otherwise provided under the Retirement Code;
(b) Does not require SERS to provide increased benefits (determined on the ballis of
actuarial value) unless increased benefits are paid to Member based upon cost of living or
increases based on other than actuarial values.
1 5. The parties intend and agree that the terms of this Stipulation and Agreement shall ,
be approved, adopted and entered as a Domestic Relations Order.
16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and
Agreement, but only for the purpose of establishing it or maintaining it as a Domestic
Relations Order; provided, however, that no such amendment shall require SERS to provide
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