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HomeMy WebLinkAbout96-01959 'I"tilM7$4III..' ~ IN TBB C"''''M(,...J (1((11 S COURT OF C vM~""lLA~~ COtJN'1'Y STATB OF p{ -''''''> Yl V/l-JI,"l , CIVIL DIVISION [NAMB] 17-11'1/'1 t1 ~ uTZ Plaintiff, I va. Case No. 9(;-/959 [NAMB] !YIv'16 G (t:"l..irz Jll. I Defendant. I OUALIFIBD DOMBSTIC RBLATIONS ORDBR The parties having reached an agreement as to the division of a certain employee pension benefit plan in which A4111/j G ft!,vT 2.. Ja .is a participant; IT IS HERBBY ORDBRBD, ADJUDGBD AND DBCRBBD that a division and disposition of the employee pension benefit plan identified below shall be and is made according to the provisions of the domestic relations law of the state of l'r~,.J<;'ILVA"I."l and of Sections 401(a)(13) and 414(p) of the Internal Revenue Code of 19S6, as amended (hereinafter the "Code"), relating to Qualified Domestic Relations Orders as follows; 1. The Court finds and concludes that .1Av,6 G. /o.'VT"Z jit, (hereinafter the "Participant") is IS participant and has an interest in and account under a certain employee pension benefit plan known as the Hasland Associates Security Plan (hereinafter the "Plan"). 2. T..-?"''''v( J. (Ct/T 2.. (hereinafter the "Alternate Payee") is the former spouse of Participant and is hereby designated as an alternate payee of Participant's interest in and account under the Plan pursuant to Sections 401(a) (13) and 414(p) of the COde, to the extent provided in this Qualified Domestic Relations Order. 3. It is hereby ordered that the Alternate Payee shall have and receive, and the plan administrator and/or trustee of the Plan are directed to pay to the Alternate Payee from the Participant's account under the Plan promptly after the execution and entry of this Qualified Domestic Relations Order, the sum of 32"7., <l"61v/I\} ~(,u.".,I''''--.J Dollars ($ ) (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 , , 3 *,~~-~~*~*~~****~,~~~,*)****~~'*~'*-~ ~ '----,--'.." -- ,..-- _._-~....' ,..' ,,,,, ' _.. " "" " ...,.,.......----.., ----. 8 M ' ... ~ : IN THE COURT OF COMMON PLEAS : ,;, " ~ " " ~ $ ~ " " " " " " w ... w ~, " " ;;, " " " ~ ~, ~l ~ " S ~ ~ ~ 8 8 ,;, " OF CUMBERLAND COUNTY STATE OF ~, PENNA. Tanmy Kutz, i\: (), 96~ 1959 Civil 'rem., *- ',' w ',' ,', ~ ~ " ~ " ,', :, M " ,', ~ ~ " 8 8 8 II 8 ~ 8 ~ $ " 'I ~ ~ 'I ~ ~ ~ " ~ $ ~ $ ~ $ M " ~ J, " S ~ ~ ',' " " S " " S ~ " ~ II" T Il'r C II U I' I: ,I 8 -/\ /""..:. /l l+- . ^IIt'-a9~~</~~ ..:. ,t"l /' I t.4/J:'1 / .';'r:rrl't' t:':J'~ ~ / , , ' (,.' . .. '/ . '/ 1/, ,{" ~ ... "~ ~, 'J""" ," '7"}- ~ ' , .,/ I'l'Illhonntlll'Y M....-...... ,.--.. -'-',- -- ". .,... .~ .~~~-~~*~**~*~.*.~~.~..~.~..~.,~~.*..~.~~.**~- 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 ( i ...,,;.. '.......alolo_~ ,..' I : , · .Iotm .. ,.., rlc.n.E-S .tach I pieU, On lhe Wdt IhPIIJ. doe::!) E I ~t~f:!R . the mal t8 below the ."'Al n'" ti .ThefWuMAM....lMI.ahar&IQ.~ . ...dt"V.f.d~UItt.... g ...."',"', J r 3, Mlel. r....d 10: :J)Wli:I G, j/,ulc:, Ij, 8 7/ll/r' lIL't'I/ul!. 1lJ; I,M!.; S)m nq"", ;/-/ 170L,:/ 1.lio wlilHiH_ h. :lflCI 10. 11 .'a ldr... Ii, ted 0 lery ___. .._0-,:"""1_. , Con.ull po.tmo$lorlllr lee, 40, l1Iel. Number ,/,r;~- ,,5'/ '? ,.(, 4b, Service Type o Regl.tered o Ekpr... MaU 0 In.ured o R.'um Receipt lor Melthandse 0 COO 7. Daleo De v ry ~ Addr Id) ~.rtllled i- t: II: l l .l! l- ! 5, R.e.'v.d Oy: (P(fnl Nam.) ,\',j,"' I( -', ~ .J I I ~ 6, slg",:!~r.' (Arklre.... O'Agr,l)} ~ X ~'Ij." 'I.~t (,' , \ .II PS Form 3811, Oec.mber 1884 I' "'/,, !i,'U 1)66 us Posl..1 5tH\'ICO Receipt for Certified Mall No Insuranco CO\,'~lil!lll PlOvlded 00 nol U5U lor Intnrnatlonal M.11l 5tW W\-lUSt" "'~'" ' / ~lPd ~dJ:.,.".k uUt:et&NufT\t)(r ,J. _ _ fL'LJ:JI.LL!1iLJ]t.u:.- '/J/i''"Jl'J!f3)t' ~~TJ!JJ /'lit, flm,1311l! ~--~-..$" j- Cl<nl"e,tfce 0 EXtlIllI'l' "^" ~ - ... "" 1-- r;~ / N -',;..r r '~~ C'} :r.: .1 .~ .' "'1: a.. .);j ,-- ,- . ,- N tt(} ,i ' . Ll N . :::.J \:' .... :'J~ '-' I F' c:> .. \5 ,0 :,'\ ,1\ U \~ c;: ,-", I till (i. I: ' <, fH ~ ,. u.-> " , , .,. '.,\ CO"J I oJ.. ...:! ''-'' ~--; , '.::J '''> '1<. ,..j~ '<. - ~'(. -- ,~ -. ..::J "- 't ,J .... , e; ./> "" I'- ~ ....:". ry, I;, "" - u.. " f'- " ~ .;}; r-~ \ ~ < ~ M en - < t::~a E ::e~~Iil~~ - ~'" ffiM X ~ ~ oalx f=:' ~8o~~c :) ~ p.;":<Il~ ..., ~:iO ~ ~ ll: X en <ll. _ u 8 < en '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 , 'I I, ;1 I " ii Iii, inclusive, " d I! " I ,I II II II 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 'I II Ii ij I' !I II II i 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 C..IIsI"I'A ~ -. r:; .:I ~. .. : .'~!: 0 C\J u~;~ . .1__ ",,' -J:~ IF - Q. .~~ . .. N ~,(1 t. N ,.I::; O:~~I .... li,ita t- w 'Ju. - CJ 13 '0 ::5 en u 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"_'_ C;dMr< G !dO, .d{-rt',,-,d-1....JT 6aiiTif'ii-: -Kllt:7.', ~--ir-!:-Dere li7i 0it- it ,-.. . ..:J , If, c.j "':i.-r )...... .re :.:: -" ~.' .. r' n. :");:1 c (" N :. ~'~ fC~' N j . ~ ~ 1- :ijrii ,-' f~ c .~ '; 0.. ~ '0 ::i U\ u YttU.l\fJ.&II .' rj/ 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 \PHlLA2\71M11..' . '. 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