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HomeMy WebLinkAbout96-03214 J , ~ JI / 't: I I: , ' I ~ ! . J '>.. - '"'l ' . ~I . r ....,. , 0-' J ~ , . ,. . ~~-~~~~-~~*~*.~,~**,~.~*~,).**~~*~.~~~~ ~ ~,----,--",- -- -..,' "'" - ,-, .,- ,,,' " . ,.'...' "., . -.- ,,'--~-"- -_.- 8 ~ 8 :1 IN THE COURT OF COMMON PLEAS : ~ OF CUMBERLAND COUNTY ~ 8 ~ t':'t. STATE OF ~~~ PENNA. : ....,. J~,,/;~:;. ~ .. 8 ~, 8 ~ ~lINDY R. ANON, w ~ i\ \ I. 06-1214 Civil Term ~ ~ .:, ., PlulnLlff \' l'I'.U,~ CIVIL ACTION - LA\, IN DIVORCE WILLIAN C. ANON, w ~ Defendant ~ ~ ~ ~l ~ ,j ~ " ~ ~ ~ ~ $ ~ 8 AND NOW, DECREE IN.ft.. I V 0 R?! ax. %n...P;' ... .......,~* 19..~. it is ordered and decreed that....."....... N.I~DY..R... .~~IO,~,......,..........." plaintiff, and, _,.,......"....,..." "l'!~~PN1, ~'" .~~P.N.......".....,..., 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; ~ ". $ " ~ $ ~ ~ !i! .' ~ e ~ . ----_.- ?.:- ... -:.c- 'l<<' , ,. AH, .c.~'!~!Il.s, .~a:<.e, .~e~,n ,r~~.o.~'!~~, "pl)r?U.'1I)~. .t.q .<1. P.r:QPI'.r,t;y. ~.e.t;tle.-, ".I1J<:\l~. .1'\8 rl!.e,I1Jl:O t. .dated, .Dec.c.mber. ,18,. .1.996..,.,......, ,..........,... ~ 8 ~ 8 ~ .;, ~ ~ '.' ~.. ~ ~ ~ ~ S ~ ~ $ ,;, ~ !i! ',' ~ ~ 0, :i: '" ~ s ~ ~ ('.' !~ (".f (,', At t', (~ta~ 1'. t'~)~~,fi-z0~ I;' ;<?~n:i R ~ Wprolhoootnry ~ * ~ ':.;, .:+:' ':+:' <+;, ':.:- .:.:- -:.:. ':+:' .:.:- .:+:. .:.:. .:+:' .:+:' .-.---.- .--.-.-. ~ 0 ;r- .... ~;~ I-' .. !.~ r ~-) '-.'" r .-'-. ..1 :( u.. -. r~ : ~ ":'"..J . '.- c CO . (~') c. ';":: U- t.'::;::::: - II <..: ~ l II ~J U-;,l LI~ ~/i Ll. l- e; .', Il- u:> :::.> 0 0_ 0 . .... ~ .... .' . .. , . 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 which is hereby acknowledged by each of the parties hereto. WIFE and HUSBAND. each intending to be legally bound, hereby covenant and agree as follows: SECTION A. GENERAL PROVISIONS A.I SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may, ITom time to time, choose or deem fit. The foregoing provbion shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart, Each party shall be free from interference, authority, and contact by the other, as fully as ifhe or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other and each of the parties hereto completely understands and agrees that neither shall do nor say anything to the children of the parties at any time which might in any way influence the children adversely against the other party, A.2 MUTUAL CONSENT DIVORCE: The parties hereto acknowledge that WIFE has filed a Divorce Complaint to Cumberland County Number 96-3214-CIVIL TERM and the parties hereto intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits, waivers or other docWllents necessary for the parties to obtain a divorce pursuant to Section 3301(c) of the Divorce Code upon execution of this Agreement, The parties hereby waive all rights to request Court- ordered counseling under the Divorce Code, l11is Agreement shall not, however, be contingent upon the granting of a divorce in this case, 2 . . , ' .. A.3 EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, A,4 DISTRIBUTION DATE: The transfer of property, fWlds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement WI less otherwise specified herein, However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement, A.S EXECUTION DATE: The phrase "date of execution" or "execution date" of this Agreement shallue defined as the date upon which the last party signed this Agreement. A.6 MUTUAL RELEASE: HUSBAND and WIFE 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, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other and against the estate of such other, of whatever nature and wheresoever situate, 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 dower or curtsey, or claims in the nature of dower or curtsey or 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, or any rights which either party may have or at any time hereinafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or 3 ,. , . .. expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agre~ment or for the breach of any thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a filII, 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. A.7 WARRANTY AS TO EXISTING OBLIGATIONS: During the course of the marriage, WIFE and HUSBAND have incurred certain liabilities and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills was incurred, that of the liabilities which were incurred prior to the date of the execution of this Agreement, WIFE and HUSBAND each covenants, represents, warrants and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, as of the date of execution of this Agreement, no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable, and, if any such debts or obligations should be determined to have existed as of the date of execution of this Agreement, except as set forth below, the party who incurred that debt shall indemnifY and hold the other party harmless from and against any loss or liability and costs or expense, including attorney's fees, incurred as a result of those liabilities, A.S WARRANTY AS TO FUTURE OBLIGATIONS: WIFE and HUSBAND each covenant, represent, warrants and agree that, except as may be otherwise specifically provided for by the terms of this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other nor the estate of the other may be liable and each now and at all times hereafter shall indemnity and hold the other party harnlless from and against any such liabilities, costs or expenses, including attorneys' fees, relating thereto incurred by the other party after the date of the execution of this Agreement, 4 .( " costs, If the parties arc wmble to agree on a health care decision, they will submit the issue to a third, mutually agreed upon, qualified objective mediclllly truined Pllrty, Long term and chronic mediclll trelllmcnts shall be the dccision of both parents. D.S GENERAL DEMEANOR OF THE I'ARTIES: Both parties agree to maintllinll good moral balance with the children allowing lhe children to be comfortable in any situation. 8.6 RELOCATION OF THE PARTIES: The tenns of custody and parenting as provided for in this section, are based upon the current geographical local ions of the parents, In the event that a party decides to move more than 50 miles from the other party, the moving party shall give the other 90 days written notice, This notice provision shall only remain in effect until both SONS lum 18 or become emancipated, SECTION C. CHILD SUPPORT AND SPOUSAL SUPPORT C.t CHILD SUPPORT: MOTHER and FATHER each acknowledge their obligation and ability to contribute to the support of their minor CHILDREN, The parties agree that since FATHER's earnings exceeds MOTHER'S earnings, FATHER shall pay to MOTHER the sum of $261 per month as child support for the parties' SONS until such time as WARREN turns eighteen or graduates from high school, whichever is later, At that time the parties shall recalculate the support for DANNY alone, This child support provision was reached given the custody arrangement 7 . , outlined in Section B hereof and is subject to modilication should the custody arrangement be changed, C.2 HEALTH CARE COVERAGE: FATHER shallmllintain SONS on his health plan with the Commonwealth through Keystone lIealth Plan. PA Employee Benefit Trust Fund. Plan Code 01'140650. C.3 UNREIMBURSED MEDICAL EXPENSES FOR SONS: Both parties agree to evenly divide any out of pocket medical expenses that are not reimbursed by health insurance lmtil FATHER'S obligation to pay alimony to mother has tenninated. At that time, MOTHER will pay 40% of unreimbursed medical expenses and FATHER will pay 60%, C.4 COLLEGE EXPENSES: The parties acknowledge that an account exists with American Funds that is held jointly for SONS' college or post-secondary education, That fund has a current balance of approximately $13.000, The parties further acknowledge that savings accounts exist at PSECV in FATHER's name for the benefit of SONS, Those accounts have current balances of approximately $11,000. Also, both parties hold Series EE V,S, Savings Bonds in that parties' name, said bonds also being eannarked for SONS, The parties agree that all funds will be transferred to F ATHER and shall be maintained by FATHER, in either his name or the sons name, for the intent of investing these funds to be specifically utilized for the higher education of SONS, F ATHER recognizes that he has a fiduciary 8 . t . . " .. obligation to maintain these funds und to utilizc thc timds for thc agrced upon purposcs, Both FATItER and MOTlIER lIgrcc thut cach will tinuncilllly participate in the SONS' highcr cducation and that ncithcr pllrent will curry thc unduc burdcn of all the financial responsibility, c.s SPOUSAL SUPPORT: Commcncing Scptcmber 1996 and continuing through the end ofthc month in which the parties arc divorced, HUSBAND shall pay WIFE spousal support in the amount of$259 per month, This amount shall be non-modifiable, SECTION D. ALIMONY. ALIMONY PENDENTE LITE & COUNSEL FEES 0.1 ALIMONY: Commencing with the first month following the date of the parties' divorce, HUSBAND shall continue to pay to WIFE the sum of$259 per month through August 3D, 1999. This amount shall be deductible to HUSBAND and shall be considered as income by WIFE, The amount and duration of the said alimony shall be non-modifiable. 0.2 COUNSEL FEES AND EXPENSES: The parties have agreed to use joint monies to pay for the services of Jennifer L. Lehman, Esquire incurred in filing the divorce complaint, preparing and finalizing this Agreement, finalizing the divorce and dividing HUSBAND'S pension, In this fashion, the parties are evenly dividing the said costs, If any joint monies remain after full payment of the above fees, these monies shlllll:Je evenly divided, 9 .t . ' " SECTION E. EOUITABLE DISTRIBUTION OF PROPERTY E.I CONSIDERATIONS FOR EOUITABLE DISTRIBUTION: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Chapter 35 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the fact that it is the WIFE'S lirst marriage and the HUSBAND'S first marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard ofliving of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective, The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets; and the division is being effected without the introduction of outside funds or other property not constituting marital property, The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, 10 .. , ' .. " E.:Z DIVISION OF PERSONAL PROPERTY: '111C partics have divided between thcm. to their mutunl satisfaction. the personal elli:cts, household furniture and furnishhll!s. vehicles. IInd all olher articles of personal property which hllve heretofore becn used by them in common, IInd neither party will make any c1l1im tll any such ilems which arc not inthc posscssionnor under the control of the othcr, Should it becomc necessary. the pnrties ellch al!ree to sil!n any titles or documents necessary to give effect to this paragraph upon request. The above division of property shall include any insurance policies covering that property and escrow accounts relating to that property. E.3 DIVISION OF OAKWOOD A VENUE PROPERTY: WIFE has transferred all her right, title and interest in and to the real estate situnted at 35 Oakwood Avenue, Mechanicsburg. Cumberland County. Pennsylvania, previously titled in the name of HUSBAND and WIFE as tenants by the entireties to HUSBAND and agrees to immediately execute now or in the future any and all documents, or papers necessary to effect such transfer of title upon request. WIFE acknowledges that she has previously signed a deed transferring the said property into HUSBAND'S sole name, WIFE fwther acknowledges that she has no claim. right. interest, or title whatsoever in said property or in any increase in value to said property and further agrees never to assert any claim to said property in the future. Said release shall be effective immediately and shall be binding regardless of the marital status of the parties. 11 ,. . ' . . .. E.4 RELEASE OF OXFORD DRIVE PROPERTY: HUSBAND agrees to release all his equitable right, title and interest in and to the real estate situated at 5406 Oxford Drive, Mechanicsburg, Cumberland County, I'ennsylvanin, now titled in the sole nnme of WIFE, IIUSBAND ngrees to immedintely execute nllw or in the tilture nny and all deeds, documents, or pnpers necessnry to etlcct such release of title upon request. IIUSBAND further acknowledges that he has no claim, right, interest, or title whntsoever in said property or in any increase in value to said property and flllther agrees never to assert any claim to said property in the future, Said release shall be effective immediately and shall be binding regardless of the marital status of the parties, The parties acknowledge that WIFE received the sum of$43,11O from the remortgage of the Oakwood A venue property as her marital share of the said property and put that money toward the purchase of the Oxford Drive property. E.S DIVISION OF CARBON COUNTY PROPERTY: The parties are thejoint owners ofa one-halfacre Wlimproved lot located at V 1285, Towamensing Trail (the development name), Penn Forest Tovmship, Carbon COWlty, Pennsylvania having an approximate value of$IO,OOO, On March 30, 1996, the parties entered into an agreement to sell this property. TIle parties agree to continue to list the property for sale at a mutually agreed upon price and shall share equally all costs associated with the said property (e.g. association fees, taxes, etc,) TIle parties will equally divide all net proceeds generated by the sale of the said property. 12 .' . . .. E.6 AUTOMOBILES: WIFE is currently the owner of a 1989 Dodge Spirit. HUSBAND is the owner of a 1995 Dodge Grand Caravan which was financed through WIFE'S father, Bemard Fink. WIFE relinquishes any right 10 the 1995 Dodge Grand Caravlln lInd HUSBAND relinquishes lIny right to lhe 1989 Dodge Spirit. HUSBAND agrees that wilhin90 days of the execution oflhis Agreement he shall refinance the 1995 Dodge Grund Carnvan and shall PllY Bemard Fink in full. The approximale balance owed to Bemard Fink by Husband is $10,410 as of November I, 1996. E.7 SA VINGS ACCOUNTS: The parties agree that except as otherwise provided herein, any monies held by either of them in an account in that party's name alone shall remain the sole and exclusive property of that party. The parties further ratifY the prior division of any monies held in joint accounts. E.8 PENSIONS AND RETIREMENT ACCOUNT: HUSBAND is a participant in the Commonwealth of Pennsylvania Slate Employee Retirement System (SERS) and is the owner of an American Funds IRA. WIFE is a participant in the Duane, Morris and Heckscher Pension Plan and 40 I K. She is also the owner of an Erie Family Life IRA and a State Street Bank and Trust IRA. WIFE hereby waives any interests which she may have in HUSBAND'S IRA. HUSBAND hereby waives any interests which he may have in WIFE's Pension Plan, 401K, and both IRAs. HUSBAND hereby assigns to WIFE the amount of$63,373 from his SERS account together with any interest accrued since January I, 1996. Both parties shall execute a Stipulation providing 13 .' . . .. for the entry ofa Domestic Relations Order (QDRO) which shall then be submitted for qualification by the SERS Plan Administrator. Jennifer L. Lehman. Esquire shall be responsible for the dral\ing of the said QDRO, the expense of which shllll be evenly borne by the parties. Upon qualification oflhe QDRO, Wife shull releuse her rights to the renlllining bulunce oflIUSIlAND's SERS lIccount. E.9 CASH VALUE OF LIFE INSURANCE: The parties acknowledge that each are the owners of two life insurunce policies with AmerUs and Mony Services. Each party hereby waivcs any and all rights which thcy may havc to the cash value of the said policies hcld by the other. SECTION F. MISCELLANEOUS PROVISIONS F.l FUTURE DEPENDENCY EXEMPTIONS: Thc parties agrce that WIFE will take WARREN as a tax exemption until he is out of college or until no taxable benefits exist. FATHER will take DANNY as an exemption until his scnior year in high school. The parties will then discuss how best to proceed with thc exemption so as to maximize college financial aid and corresponding tax benefits. The parties agree to execute IRS form 8332 to reflect this agreement. F.2 LIFE INSURANCE: HUSBAND agrces to maintain life insurance on himself at face value sufficient to cover the outstanding balance of spousal support and alimony owed to WIFE pursuant to Paragraphs C.5 and D.1 hereof and shall name WIFE as the beneficiary of said policy. In the event that no such policy exists and WIFE has not becn paid all monies owed to her at the time 14 .' . . .. " .. of HUSBAND'S death, HUSBAND'S estate shall be responsible for paying the balance owed to WIFE. SECTION G. ENFORCEMENT AND STANDARD PROVISIONS G.I BREACH: It is expressly stipulatcd that if either party fails in the due performance of any of his or her material obligations under this Agreement, the othcr 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. G.2 ADDITIONAL DOCUMENTS: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge 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. G.3 ENTIRE AGREEMENT: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other representations. terms, covenants, conditions, agrcements or warranties, express or implied, oral or written of any nature whatsoever, other than those el'pressly sct forth herein. 15 ~ co ~ ,,' c:: ~ ~j--r" r ...::t .- }--, r..' 0:: ::l~ ~ .. r]~ I.. C 0;' ' 'of/) c. ~):~ Ie, /:llt Q:L'.i <-> ul 'oj a.. f:.' c:: '3 ~ lCl c..... U ., , . , . . , . . , f'- J Jt Cl - .... ~.,. ~ NJ, J ~ G!~ ~~ '<l ...' "" ~ "" ~ \, . , \8 \'. .., (~~ ' " -. :.t'l \." .. ' ,.., -- -.:- ,~ ... @ t; ~ .- ., - I .~ i if> ~i ...-( J', I,' ~ ' l:t r .....; "1~' ... :, Iii ,', r- ... I ;!,;. ~.1 ~i ' ',tI F l :)0. ~ \II "j v' a " " " i ...... I . " III ~ () \.": ~ .' lJ:~ r", IT' !.I . .~ =..'~ : I ,J L'_ , I .. J u. .." I U " I..) " . , ~ 01 ,- Cl 1::-.: ~: ;. j.A'" ~!;:! ..3 ': J.:J [< :r: U:~ ~il' CI- C)~:i C . - ro . '1if) t .',",' 0:1:; "~2 L' t.JI.U F:- L,~I :d(J.. c:: S u_ lO 0 U' U .' ,. . ,- b: co f~ ~ Cl ,.. 9 .' . -}.:<" .:1 f_)I)o ~-.. .- :_1:.;.0 ~.. ."- ..:.:- "_J:-j " .- C CO _,'(1) (C - '-1_ ':'.1) t~ . L' .11.' \..1.1 .-!1!.l,.. F Cl .~ ; u. \D ::j 0 a' u 00 . . .. " 'lr. al i:= .. c .;.: !t) .. ::;rr ..3 \.::):} -~,'; .- :~,:-,~ 0: i i:'.:s l~ -."'S,-- C. 0:> .;<!} c. :i~;a U t o:L', '-0 " I Ld (. ~ u.. F c;:;.' "__. ... L'_ U:) -) 0 a' D . " . . ... " ~. 0' ?-: c:: -, .- f .- ~') 'f. ..= ,Y - ")'?' s,.' .'- - ~, ~, c.. 'l~ t-.. , CJ cO .'..(f) \ f' ',"-! ~; C' - fCY:~ c..: 11l(Ct l-t~ t~l c.. I-" c:: ~,. ..r'l .:.J 0 Cf' U ,. .. '" .' . . -f J u ~ ..l<? .1 . .1J c...- ) t'-..... t.+. -.:J ~ f-l- -::;-... 0"- ;4 - ~ M ":Q - t-.. 1'>1 ~ .::-. ~ .~ ~ J - \) ':l\ -j ") e::. ::J.. 1'\ vi ~ CJ r.::.L --.J J.L~ annuil)' payments made to Member lII1d Iifty percent (50%) of any lump swn distributions made to Member until she receives the entire amount due her pursuant to Paragraph 7, 9, Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Altemate Payee's equitable distribution ponion of Member's retirement benet:t for any death benelits payable by SERS, This nomination shall become eflective upon approval by the Secretary of the Rerirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Altemate Payce's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneticiaries Fonn filed with the Retirement Board prior to Membcr's death, A, [fthe last Nomination of Beneliciaries 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: (I) the terms of the Domestic Relations Order shall alone govern Altemate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneliciaries 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, 8, In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acccptable to SERS, which will authorize SERS to release to Altemate Payee all relevant information concerning Member's retirement account. Alternatc Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to bc properly nominated under this paragraph, 10, The term and amounts for Member's retirement bene tits payable to the Alternate Payee after SERS 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 is free to select any retirement option offered by SERS under the Retirement Code at the time Member tiles an Application for Retirement Allowance with SERS with the condition that Member's chosen option must guarantee that Alternate Payee receives 563,373.00 together with any interest accrued from January I, 1996 until the date of distribution. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS, SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each, 12, la the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from SERS under this Order, any death bene tit or retirement bene tit payable to Alternate Payee by SERS shall be paid to Alternate Payec's estate to the extent of Alternate Payee's equitable distribution portion at the time of death as set lorth in Paragraphs 7 through 9, 13, In no event shall Alternate Payee have greater benelits or rights other than those which are available to Member, Alternate Payec is not entitled to any bene tit not otherwise provided by SERS, The Alternate Payee is only entitled to the specific bene tits ofTen~d by SERS as provided in this Order, All othtr rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved tor Member, 14, It is specifically intended and agrced by the parties hereto that this Order: (a) does not require SERS to provide any type or torm ofbcnetit or any option otherwise provided under the Retirement Code; (b) does not require SERS to provide increased benefits (determined on the basis of actuarial values) unless increased benefits are paid to Member based upon cost of living 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 no such amendment shall require SERS to provide any type or form of bene tit, or any option not otherwise provided by SERS, and further provided that no such amcndment or right of the Court to so amend will invalidate this existing Order, . 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 the stipulation and agreement, whichever is later. Paymcnts to Alternate Payee shall be lifty percent (50%) of the annuity payments made to Member and titiy percent (50%) of any lump sum distributions made to Member until she receives the entire amount due her pursuant to Paragraph 7, 9, Member hereby nominates Alternate Payee as an irrevocable beneticiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benelit fot any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("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, A. rfthe last Nomination of Beneficiaries Form tiled 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 beneticiary, thcn: (I) the tcrms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benelit, and (2) for purposes of paying the Balance via the last Nomination of Beneliciaries Form tiled with the 3 Retirement Board prior to Member's d~ath, Altcrnate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Ilalance shall be payable to Altemate Payee's estat~, B, In addition, Member shall execute and delivcr to Alternate Payec an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all rclevant infonnation concerning Member's retirement account. Alternate Payee shall dcliver the authorization to SERS which will allow the Alternate Payee to check that she has been anJ continues to be properly nominated under this paragraph. 10, The term and amounts for Member's retirement benefits payable to the Alternate Payee after SERS 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 is free to select any retirement option offered by SERS under the Retirement Code at the time Member files an Application for Retirement Allowance with SERS with the condition that Member's chosen option must gUllrantee Ihm Alternate Payee receives $63,373.00 together wilh any interest accrued from January I, 11)1)6 until the date of distribution, II, Alternate Payee may not exercise any right, privilege ur uptiun unered hy SERS, SERS shall issue individual tax forms to Member and Alternate Payee lllr amllunts paid III elich, .\ -' 12. In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion at the time of death as set fonh in Paragraphs 7 through 9, 13, In no event shall Alternate Payee have greater benetits or rights other than those which are available to Member, Alternate Payee is not entitled to any bene tit not othcrwise providcd by SERS, The Alternate Payee is only entitled to thc specific benetits 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 otherwise provided under the Retirement Code; (b) does not require SERS to provide increased benefits (determined on the basis of actuarial values) unless increascd benetits are paid to Member based upon cost of living 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 elllered as a Domestic Relations Order. 5 ~ " .~ ~i ~ <l .... .i ~ ~ f >- (1.1 a; ;>: j::-. lr. -:' u..,r1 F. 'i l.):' : i ,.-r f'- ~ ) :I.: _ J ;~,; '..J :-.. (t"}I." u.. " ~ 1 ,- , . ~-.I Cl'- ,T ,=:i ~,. C'J li. L"1 C, ,- ; l.1 :Ci-I ~ v: L.. u' ~j c' 0 5, Member's last known mailing address is 35 Oakwood Avenue, Mechanicsburg, PA 17055. 6, Alternate Payee's current mailing address is 5406 Oxford Drive, Mechanicsburg, PA 17055, It is the responsibility of Alternate PlIyee to keep II current mlliling lIddress on file with SERS at all times, 7, The Alternate Payee's share of the Member's retirement benefits is $63,373,00 together with any interest accrued at the statutory rate from January 1, 1996 until the effective date of the Member's retirement. 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 or any deferred compensation benefits paid to member by SERS. The Alternate Payce's share of Member's retirement benefit, as set forth in Paragraph 7 hereof, 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 the 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 his authorized representative, of any Domestic Relations Order incorporating this Slipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid -.J\, ) to the beneficiaries named by Member on t:le last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, A, If the last Nomination of Beneficiaries Fornl filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating lhis Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (I) the terms of the Domestic Relations Order shall alone govern Altcrnate 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 Altemate Payee predeceased Member, No portion of the Balance shall be payable to Alternate Payee's estate. B, In addition, Member shall execute and deliver to Allernate Payee an auUlOrization, in a fonn acceptable to SERS, which will authorize SERS to releasc to Altemate Payee all relevant infonnation concerning Member's retirement account. 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, Member agrees to select Option I upon retirement and nominates the Alternate Payee as beneficiary to the extent of any unpaid amoant due her pursuant to Paragraph 7, Member may at his sole discretion, also select Option 4 -lump sum withdrawal. Parties agree that if the member's total withdrawal of accumulated deductions exceed the Alternate Payee's entire share pursuant to Paragraph 7, then the marilal portion shall be paid in a lump sum to the Alternate Payee. Should the total withdrawal of accumulated deductions be less than the marital portion, the Alternate Payee will be paid 50 percent of the member's monthly annuity until such time as the Alternate Payce has reccivcd the entire amount due IUlder Paragraph 7, 11, Alternate Payee may not exercise any right, privilege or option offered by SERS, SERS shall issue individual tax fonns 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 paymcnts payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's estate to the cxtent of Alternate Payee's equitable distribution portion at the time of death as set forth in Paragraphs 7 through 9, 13, In no event shall Altemate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any bencfit 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 hcreto that this Ordcr: (a) does not require SERS to provide any type or form ofbcnefit or any option otherwise provided under the Retirement Code; (b) does not require SERS to provide increased ben~fits (determined on the basis of actuarial values) unless increased benefits are paid to Member based upon cost of living 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, Thc 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 any 5, Member's last known mailing address is 35 Oakwood Avenue, Mechanicsburg, PA 17055, 6, Alternate Payee's current mailing address is 5406 Oxford Drive, Mechanicsburg, PA 17055, It Is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all tlmcs, 7. The Alternate Payee's share of the Member's retirement benefits is $63,373.00 together with any interest accrued at the statutory rate from January 1, 1996 until the effective date of the Member's retirement. 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 incrcases, but excluding the disability portion of any disability annuities paid to Member by SERS or any deferred compensation benefits paid to member by SERS, The Alternate Payee's share of Member's rctirement benefit, as set forth in Paragraph 7 hereof, 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 the 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 retiremcnt benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement, The balance of any death benefit remaining after the allocation of Alternate Paye.:'s equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Fonn filed with the Retirement Board prior to Member's death, A, 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) nllmes Alternatc Payce as a beneficiary, then: (I) the tenns of the Domestic Relations Order shall alone govern Altcmate Payee's sharc of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiarics 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 payablc to Altemate Payee's estate. B. 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. Alternate Payee shall deliver the authorization to SERS whi~h will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph, 10. Member agrees to select Option 1 upon retirement and nominates the Altemate Payee as beneficiary to the extent of any unpaid amount due her pursuant to Paragraph 7, Member may at his sole discretion, also select Option 4 -lump sum withdrawal. Parties agree that if the member's total withdrawal ofaceumulated deductions exceed the Alternate Payee's entire share pursuant to Paragraph 7, then the marital portion shall be paid in a lump sum to the Alternate Payee. Should the total withdrawal of accumulated deductions be less than the marital portion, the Alternate Payee will be paid 50 pcrcent of the member's monthly annuity until such time as the Altemate Payee has received the entire amount due under Paragraph 7, 11, Alternate Payee may not exercise any right, privilege or option offercd by SERS, SERS shall issue individual tax forms to Member and Altcrnate Payee for amounts paid to each, 12, In the event of the death of Alternate Payee prior to rcceipt of all of her payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Altemate Payee by SERS shall be paid to Altemate Payee's estate to lhe extent of Alternate Payee's equitablc distribution portion at the time of death as set forth in Paragraphs 7 through 9, 13. In no event shall Alternate Payee have greater benefits or rights other than lhose which are available to Member, Altemate Payee is not entitled to any benefit not otherwise provided by SERS, The Altemate 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 prcserved for Member, 14, It is specifically intended and agreed by the partics hereto that this Order: (a) does not require SERS to provide any type or form of benefit or any option otherwise provided under the Retirement Code; (b) does not require SERS to provide increascd benefits (determined on the basis of actuarial values) unless increased benefits are paid to Member based upon cost of living 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 ofCumberfand 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 any ~ lL l ..... ,... ..... cr (,- 1-;: ." .:. .~ .-;: L. !~-l , '. , ." " , . ~ I C:", ! C," !l..;,j l '- j , '.J