HomeMy WebLinkAbout96-01959
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IN TBB C"''''M(,...J (1((11 S COURT OF
C vM~""lLA~~
COtJN'1'Y
STATB OF
p{ -''''''> Yl V/l-JI,"l
, CIVIL DIVISION
[NAMB]
17-11'1/'1 t1 ~ uTZ
Plaintiff,
I
va.
Case No. 9(;-/959
[NAMB]
!YIv'16 G (t:"l..irz Jll.
I
Defendant.
I
OUALIFIBD DOMBSTIC RBLATIONS ORDBR
The parties having reached an agreement as to the
division of a certain employee pension benefit plan in which
A4111/j G ft!,vT 2.. Ja .is a participant;
IT IS HERBBY ORDBRBD, ADJUDGBD AND DBCRBBD that a
division and disposition of the employee pension benefit plan
identified below shall be and is made according to the provisions
of the domestic relations law of the state of l'r~,.J<;'ILVA"I."l
and of Sections 401(a)(13) and 414(p) of the Internal Revenue Code
of 19S6, as amended (hereinafter the "Code"), relating to Qualified
Domestic Relations Orders as follows;
1. The Court finds and concludes that
.1Av,6 G. /o.'VT"Z jit, (hereinafter the "Participant") is IS
participant and has an interest in and account under a certain
employee pension benefit plan known as the Hasland Associates
Security Plan (hereinafter the "Plan").
2. T..-?"''''v( J. (Ct/T 2.. (hereinafter the "Alternate
Payee") is the former spouse of Participant and is hereby
designated as an alternate payee of Participant's interest in and
account under the Plan pursuant to Sections 401(a) (13) and 414(p)
of the COde, to the extent provided in this Qualified Domestic
Relations Order.
3. It is hereby ordered that the Alternate Payee shall
have and receive, and the plan administrator and/or trustee of the
Plan are directed to pay to the Alternate Payee from the
Participant's account under the Plan promptly after the execution
and entry of this Qualified Domestic Relations Order, the sum of
32"7., <l"61v/I\} ~(,u.".,I''''--.J Dollars ($ ) (hereinafter the
"Single Sum Payment"). If directed by the Alternate Payee, the
plan administrator and/or trustee of the Plan are hereby authorized
V'tiO.3\1~..'
and directed to pay the single Sum payment to the Alternate Payee's
Individual Retirement Account or account under an employer's
qualified plan, as applicable.
4. In the event of the participant's death prior to the
Alternate payee's receipt of the single Sum payment pursuant to
Paragraph 3 above, the Alternate Payee shall be treated, in
accordance with section 414(p)(5) of the Code, as the surviving
spouse of the participant for purposes of and under the Plan with
regard only to the unpaid amount, if any, of the single Sum
Payment.
5. The name and last known mailing address of the
Participant are as follows:
[NAME]
[ADDRESS]
,~111,4 G, ~..,T7- J-"1 n
~ T"'u-( /Jvt'.....H.J(:, ,......"r. Ift.(LV fl1"....GS,. ,"1,/7D''5
The participant's social security Number is
17'.'- <;2 ,osy I
.
6. The name and mailing address of the Alternate payee
are as follows:
[NAME]
[ADDRESS]
7/1/"''1 .j, K..,rz...
Il ND" nl 1f/l..JOV'-l. sr/\{( r /It'',4'lTrt(,,,r -#.2,
CA1.L'SU.I',.-,.170/3
/f'cf- "i? 2 <:;<1-9
.
The Alternate Payee's social Security Number is
7. The Plan to which this Qualified Domestic Relations
order relates is the Hasland Associates Security Plan.
B. Nothing in this Order shall be construed to require
the Plan to provide any type or form of benefit, or any option, not
otherwise provided under the Plan or to provide benefits to the
Alternate Payee in an amount that exceeds the amount of benefits
that the Plan would be required to pay with respect to the
Participant if the Order did not apply. Except for the interest
awarded herein to the Alternate Payee as an alternate payee, this
Qualified Domestic Relations Order shall have no effect on the
Participant's remaining interest in and account under the Plan or
on his/her future interests in and account under the Plan. The
Alternate Payee shall not be entitled to Participant's interests in
the Plan that are already required to be paid to another alternate
payee under another domestic relations order previously determined
to be a Qualified Domestic Relations Order; however, the
Participant has represented that no such previous domestic
relations order exists.
9. The Alternate Payee shall notify in writing the plan
2
'I't1II.AZ\ft&II.'
administrator and/or trustee of the Plan of any changes in his/her
mailing address.
10. It is the intention of the Alternate Payee and the
Participant that this Order shall qualify as a Qualified Domestic
Relations Order within the meaning of section 414(p) of the Code
and section 206(d) (3) (B) of the Employee Retirement Income Security
Act of 1974, as amended (hereinafter "ERISA"), and that whenever
the provisions hereof are inconsistent with the definition of a
Qualified Domestic Relations Order as may be contained from time to
time in the Code or ERISA, this order shall be amended, from time
to time as may be necessary, to comply with the requirements for
Qualified Domestic Relations Orders under the Code and ERISA or
regulations promulgated thereunder and to cause this Order to be
accepted as a Qualified Domestic Relations Order by the plan
administrator of the Plan. The Court retains jurisdiction to amend
this Order to so comply.
11. It is hereby ordered that a true copy of this
Qualified Domestic Relations Order be served upon the plan
administrator and the trustee of the Plan and that this Qualified
Domestic Relations Order shall be binding on the plan administrator
and the trustee according to the laws of the State of
(',,,,,,,,,,r'(IV//M"/ , the Code and ERISA. The Participant and the
Alternate Payee are ordered to comply with the terms and spirit of
this Qualified Domestic Relations Order.
12. The Court further retains jurisdiction to supervise
implementation of this Qualified Domestic Relations Order and those
provisions of the parties' Decree of Divorce regarding division and
disposition of the Participant's interest in and account under the
Plan, and to enter such other orders hereafter as may be required
to implement fully this Order and any subsequent Orders of the
Court regarding the Plan. .
'J . K I
SO ORDERED this, ') 'day of
:,,;( l td~['-""
, 1995~1
BY
,. {-,-,-
, J.
APPROVED:
JA'YVvv>1 ~'
~ ' Plaintiff
(7f:Jv'~( C {I-i)l
, Defendant
, ,
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: IN THE COURT OF COMMON PLEAS :
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OF CUMBERLAND COUNTY
STATE OF ~, PENNA.
Tanmy Kutz,
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Plaintiff
\' l'I',,\i;.;
David G. Kutz, Jr.,
Defendant
DECREE IN
DIVORCE
AND NOW, ' , , , , . , , , ...<JvItJ,1wo. , , ,-!.9 ,~, 19,96"., it is ordered and
decreed that ,TQJ1111Y ,Kut~, , " " , , ., . , , , . , , , "" , , " ",.,. " , , , " plaintiff,
and, , . , , , . , . . Pfly~p, !3,., J<~,t,z", tl,r,., . ' , , , , , . , , , , , , , , , . , , . , , , , , , ., defendant,
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of record In this action for which a final order has not yet
been entered;
None.
......................... ....................... ...... ............. I.... ",
...............-............... ...................... '"
,
TAMMY KUTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-1959 CIVIL TERM
v.
DAVID G. KUTZ, JR.,
Defendant
CIVIL ACTION - DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Tranflmit
record,
together with
the
following
the
information, to the Court for entry of a divorce decree:
1.
Ground for divorce:
Irretrievable breakdown under
Section 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: Certified
mail, return receipt requested attached hereto as Exhibit "A",
postage prepaid,
3. (Comp!ete either paragraph (a) or (b):
(A) Dnte of execution of the Affidavit of Consent required
by Section 3301(c) of tho Divorce Code:
By the Plaintiff:
October 22, 1996;
By Defendant:
October 19, 1996.
SAlOIS, GUIDO,
SnUFF &
MASJ.ANO
26 W, IlIsh Sir,,'
Carlldc,I'A
(B)(I) Date of Execution of the Plaintiff's Affidavit
required by Section 3301(d) of the Divorce Code:
(2) Date of Service of the Plaintiff's Affidavit upon
the Defendant:
4, Relat8d claimfl pending: None.
Date:
lo/~>f~c..
Edward E. Guido, Esquire
Attorney for Plaintiff
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'rAMMY KUTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 96- /tiJ'/
CIVIL TERM
DAVID G. KUTZ, JR.,
Defendant
CIVIL ACTION - DIVORCE
NOTICE
You have boen Hued in court. If you wish to defend against
the clai~s set forth in the following pages, you must take prompt
Dction, 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
lJntered 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
ch ildren.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling, A list of marriage counselors is available in the
Office of the Prothonotary at the Cumberland County Court House,
High and Hanover Street, Carlisle, Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER I 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
no NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
I OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
SAID IS, GUIDO,
SHUFF &
MAS LAND
26 W,lIIBh Slit"
CAllidc,I'A
S.~IDIS, GUIDO, SHUFF & MASLAND
By' ~
Edward E, Guido, Esquire
Supreme Ct. 1.0. # 212D6
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for plaintiff
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inclusive,
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COUNT II
The
B.
allegations
in
paragraphs
through
one
seven,
arc
made a part hereof and incorporated herein by
reference,
9.
The Plaintiff alleges that in violation of his marriage
vows,
the Defendant has over' a period, in Cumberland County, and
II other places of fered such
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indignities
condition
to the person of the
Plaintiff
render
to
her
intolerable
and
life
as
burdensome,
10.
This action in divorce is not collusive,
11.
Neither party to this action is a member of the armed
forces of the United States of America,
WHEREFORE, Plaintiff prays Your Honorable Court to enter a
I
I decree of divorce,
'I
I
COUNT II I
EOUITABLE DISTRIBUTION
12, The allegations in paragraphs one through eleven,
inclusive, are made a part hereof and incorporated herein by
II reference.
I
13.
Plaintiff and Defendant have acquired property, both
real and personal, during their marriage.
WHEREFORE, Plaintiff requests this Honorable Court to
SAIOIS/GUIOO, determine marital property and to order an equitable distribution
SHUFF &
MASLAND thereof.
26 w, lliah SIr<d
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TAMMY KUTZ,
Plaint.iff
IN 1~E COURT OF COMMON r:EA~ OF
CUMAERLAND COUNTY, PENW~ rLI,',\NIA
v.
NO. 96-1959 CIVIL TERM
DAVID G, KUTZ, JR"
DefendanL
CIVIl, AC'I'ION - DIVORCE
DEFENDAN1" S
AFFIDI\VI,L,QL(;QNS!illT., ACCI~P1'ANCE OF SERVICE ANQ
WAIVER OF NO'I'ICE OF IN1'EN'I'ION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301 (cLOF '1'1lE DIV.QlKE !;:,QDE
1. A Complaint in divorce under Section BOl(c) of the
Divorce Code was flIed on April II, 1996.
2, DefendanL acknowledges receipt and accepts service of
the Complaint on April 24, 1996,
3. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of the filing
of the Complaint,
4, I consent to the entry of a final decree of divorce
without notice.
5, I understand that 1 may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not. claim
them before a divorce is granted.
6. 1 understand that 1 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 wi ",h the
Prothonotary.
SAIDIS, GUIDO,
SHUFF &
I\lASI,ANJ>
26 W, IIIsh 510:<'
Cnrlidc.I't\
7. 1 have been advised of the availability of marriage
counuellinq and understand that 1 may request that the court
require counselling, I do not l'equllsL thtlt Lhe court require
counselling,
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.
DOI'I'IW: q/()11!19~_H"_'_
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IN THB (u"'M~..J f'U A ~ COURT OF
c lJ,....~dL--I~.\
COUN'l'Y
STATB OF
fr-,-,syt VA-" '1
, CIVIL DIVISION
[NAHE]
1/11'11'1 v/ fC u T Z
Plaintiff,
VB.
I
Case No. clG -/95'1
[NAHE]
rYlv'16 G /<'(.)12 )il,
Defendant.
I
OUALIFIED DOMBSTIC RELATIONS ORDER
The parties having reached an agreement as to the
division of a certain employee pension benefit plan in which
h4vll:l G ((:u.l. J,l, is a participant;
IT IS HEREBY ORDBRED, ADJUDGED 1IND DECREED that a
division and disposition of the employee pension benefit plan
identified below shall be and is made according to the provisions
of the domestic relations law of the state of ;o(~""<;L/L ,/A-.J','1
and of sections 401(a)(lJ) and 414(p) of the Internal Revenue Code
of 1986, as amended (hereinafter the "Code"), relating to Qualified
Domestic Relations Orders as follows:
1. The Court finds and concludes that
~v,6 G, '"'Vi? )-1" (hereinafter the "Participant") is a
participant and has an interest in and account under a certain
employee pension benefit plan known as the Masland Associates
Security Plan (hereinafter the "Plan").
2. T/1"''''''1 .), k'v'T 2.. (hereinafter the "Alternate
Payee") is the former spouse of Participant and is hereby
designated as an alternate payee of Participant's interest in and
account under the Plan pursuant to sections 401(a)(lJ) and 414(p)
of the COde, to the extent provided in this Qualified Domestic
Relations Order.
J. It is hereby ordered that the Alternate Payee shall
have and receive, and the plan administrator and/or trustee of the
Plan are directed to pay to the Alternate Payee from the
Participant's account under the Plan promptly after the execution
and entry of this Qualified Domestic Relations order, the sum of
32'7,) ''F b1V<'\'} SI""''II''''^'-' Dollars ($ ) (hereinafter the
"Single Sum Payment"). If directed by the Alternate Payee, the
plan administrator and/or trustee of the Plan are hereby authorized
\PHILA2\,P4IQ .'
and directed to pay the single Sum Payment to the Alternate Payee's
Individual Retirement Account or account under an employer's
qualified plan, as applicable,
4, In the event of the Participant's death prior to the
Alternate Payee's receipt of the Single Sum Payment pursuant to
Paragraph 3 above, the Alternate Payee shall be treated, in
accordance with section 414(p) (5) of the Code, as the surviving
spouse of the Participant for purposes of and under the Plan with
regard only to the unpaid amount, if any, of the single Sum
Payment.
5. The name and last kno'O'In mailing address of the
Participant are as follows:
[NAME] .~lvI1 is, J:'....2- Yl. ,.,
[ADDRESS] ~ F"-( /)v{~vl, ,.....-r, If'(<Y f/lv-G I" ,'1,/7.'<;
The Participant's social Security Number is
/7<-" S~ ,0<;"" I
6. The name and mailing address of the Alternate Payee
are as follows:
[NAME]
[ADDRESS]
IAc"~'1 J, J:'"r?-
/2 ,,",0'1 ni IVI-'O'/(~'- sr?\lt r /I1".-nT?-1""r #.2.,
c..-+1.LlSU, 1'<"1, 110/3
/ f'<I- Cj{? .2 '><1- '1
.
The Alternate Payee's social Security Number is
7. The Plan to which this Qualified Domestic Relations
Order relates is the Masland Associates Security Plan.
B. Nothing in this Order shall be construed to require
the Plan to provide any type or form of benefit, or any option, not
otherwise provided under the Plan or to provide benefits to the
Alternate Payee in an amount that exceeds the amount of benefits
that the Plan would be required to pay with respect to the
Participant if the Order did not apply. Except for the interest
awarded herein to the Alternate Payee as an alternate payee, this
Qualified Domestic Relations Order shall have no effect on the
Participant's remaining interest in and account under the Plan or
on his/her future interests in and account under the Plan. The
Alternate Payee shall not be entitled to Participant's interests in
the Plan that are already required to be paid to another alternate
payee under another domestic relations order previously determined
to be a Qualified Domestic Relations order; however, the
Participant has represented that no such previous domestic
relations order exists.
9, The Alternate Payee shall notify in writing the plan
2
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.
'.
administrator and/or trustee of the Plan of any changes in his/her
mailing address.
10. It is the intention of the Alternate Payee and the
participant that this Order shall qualify as a Qualified Domestic
Relations Order within the meaning of section 414(p) of the Code
and Section 206(d) (3) (B) of the Employee Retirement Income Security
Act of 1974, as amended (hereinafter "ERISA"), and that whenever
the provisions hereof are inconsistent with the definition of a
Qualified Domestic Relations Order as may be contained from time to
time in the Code or ERISA, this Order shall be amended, from time
to time as may be necessary, to comply with the requirements for
Qualified Domestic Relations Orders under the Code and ERISA or
regulationa promulgated thereunder and to cause this Order to be
accepted as a Qualified Domestic Relations Order by the plan
administrator of the Plan. The Court retains jurisdiction to amend
this Order to so comply.
11. It is hereby ordered that a true copy of this
Qualified Domestic Relations Order be served upon the plan
administrator and the trustee of the Plan and that this Qualified
Domestic Relations Order shall be binding on the plan administrator
and the trustee according to the laws of the State of
f""""""fIW/M"I , the Code and ERISA. The Participant and the
Alternate payee are ordered to comply with the terms and spirit of
this Qualified Domestic Relations Order.
12. The Court further retains jurisdiction to supervise
implementation of this Qualified Domestic Relations Order and those
provisions of the parties' Decree of Divorce regarding division and
disposition of the Participant's interest in and account under the
Plan, and to enter such other orders hereafter as may be required
to implement fully this Order and any subsequent Orders of the
Court regarding the Plan. ,
') . ~ I
SO ORDERED this., ') - day of
, :.,;(,ll\,(~C~
199~~1
BY
:(' --
'" ."~
, J.
APPROVED:
~y~. Plaintiff
~ \' J)
~iiJ IC( (. h'f~ 1
, Defendant
3