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Home My WebLink About96-05103 1! \, ~ t-l ~ ..... ~. ., ~ ..... .... '-J a ~ . ~ 1 I I I l i . I , i , ! ; i I ! I I i t I }. I -------------------->----~----. ~i -- - ~ ~l 8 ~, IN THE COURT OF COMMON PLEAS 8 ~1 8 ~I OF CUMBERLAND COUNTY 8 8 8 : STATE OF * PENNA. : 8 8 ^ Q ~ " : SANDRA E. BAZDAR i\: o. 510.3..... CIVIL 19 96 : W. \' <"'SII< 8 ~l 8 81 ROBERT BAZDAR 8 81 8 -:) ~ ~I 8 ~! 0 E eRE E IN. w! ;; 0 I V 0 R C E 8 " Q 1'11I i8 (. i8 \ l8 18 '. l~ i' I. i. 8 ~i .../ 81 M) 81 , 81 , i ~l 8i 8 ~l s :1 8l 81 ( ~\ \ , \ II . , AND NOW. ....... .1~~..T.... 199~..., it is ordered and decreed that .......,., SAN,DRA. .E ~ , B~ZDAR. . . . . . , , . , . , , . . . . . . " plaintiff. and....... .~Q13E.~'l.'13".~l?~P................................ 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 "..- ..-... n. T~ CO".I! /A L..' 411- All "1" <# ., l.u ~_~'...JJ .. ''''~''' ."'.....'\' t /c..v~)q,~ ~ ~._~~. ~/:4'<#';r ,...' ~J,;jk ~ ~. -- ~ ~r&lh~I..y 8 8 ~ ~ 8 ~ 1\ -, . ~ . i -k*s-.Y...Y.__.---..-..~..-~~~_. ~ >- <'I '- <;; c: i- t;; " .',< 1- - tii ,..,.. '3. ."'. /- ~; ~ .~- - . ~- N 't) I .';0 - ." .. '!kU ., .. .., :.... " II- r- . U 0- U l!OIIPtAIlI'r 1M DlVOllCB AND NOW, comes the Plaintiff, SANDRA E. BAZDAR, by and through her attorneys, MANCKE, NAGIIER, HERSHEY' TULLY, and files the following Co.plaint in Divorce: 1. The Plaintiff, SANDRA E. BAZDAR, is an adult individual currently residing at 1302 Montfort Drive, Harrisburg, Dauphin County, Pennsylvania. 2. The Defendant, ROBERT BAZDAR, is an adult individual currently residing at 3 Nittany Drive, Mechanicsburg, cuaberland county, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the coaaonwealth of Pennsylvania for at least six (6) aonths prior to the filing of this Coaplaint. .. Plaintiff and Defendant are husband and vife having been aarried 8epteaber 2, 1967, in Harrisburg, Dauphin County, Pennsylvania. 5. Thue have been no prior actions of divorce or .nnulaent between the parti.. In this or any other jurl8dlcUon. SANDRA E. BAZDAR, . IN THE COURT OF COMMON PLEAS . I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, . . v. . NO. 96-5103 . CIVIL ACTION - LAW ROBERT BAZDAR, . . IN DIVORCE Defendant. . . Ul'IDAVI'l' 01' COII8D'1' 1. A Complaint in Divorce under Section 3301(e) of the Divorce Code va. filed on Septeaber 13, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) day. have elap.ed froa the date of filinq the Coaplaint. 3. I con.ent to the entry of a final decree of divorce. 4. I understand that I .ay lose riqhts concerning aliaony, division of property, lawyer's f... or .xpense. if I do not clai. thea before a divorce i. granted. I verify that the .tate.ents made in this affidavit are true and correct. I understand that fal.. state.ent. herein are mad. subject to the penalti.s of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATIl ,l ,:.. ,j' ",' i /...... i , . "- . _:- ,'.t Sandra I. aakctar ~ CfJ ~ 1->- &r. --;. ~~. " ~ ;-, '~j ~-. :,. ;: c... ..... (' ':::; '... , '" -i.., ~F I f"'." :;0' ;.;...,; " --t>..", , .- ",'.,:.j ~ -"'iio.to.. ,!~ ,... ,'';'; 0 0\ <.J SANDRA E. BAZDAR, . IN THE COURT OF COMMON PLEAS . . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff, v. NO. 96-5103 . . . CIVIL ACTION - LAW . ROBERT BAZDAR, . IN DIVORCE . Defendant. . . nIVD OJ' IfOTICB OJ' III'1'ZII'l'IOII TO DOU!8'1' DI'l'RY OJ' A DIVORCB Dl!t!IIRB UJlDD 8BC'l'IOII 330Uo' OJ' 'l'BB DIVOJtCB COD. 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning ali.ony, division of property, lawyer's fees or expenses if I do not claim th.. before a divorce is granted. 3. I understand that I will not be divorced until a divorce decr_ is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the state.ents made in this affidavit are true and correct. I understand that fal.. statements herein are made subject to the penalties of 18 Pa.c.S. 54904 relating to unsworn falsification to authorities. ~~; DATIl '4\"h(, SANDRA E. BAZDAR, . IN THE COURT OF COMMON PLEAS . . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff, . . v. . NO. 96-5103 . . . . CIVIL ACTION - LAW . ROBERT BAZDAR, . . : IN DIVORCE Defendant. . . CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firlll of MAIICXE, WAGNER HERSHEY' TULLY, do hereby certify that on this date a copy of the COMPLAIIIT IN DIVORCE was served upon the following parson and in the "Mer indicated below, which service satisfies the requirements of the Pennsylvania Rule. of civil Procedure, by deposit1nq the sue in the United state. mail, Harrisburg, PeMsylvania, certified, restricted delivery, return receipt requested, and addressed as follows: Mr. Robert Baldar 3 Nittany Drive Nechanicsburq, PA 17055 , 8y(..tl',,{, ""., ',; Debra k. Spinner, Secretary KAJIC1tI. WACND, HIRSHEY , TULLY 22]] North Front Street Harrisburq, PA 17110 P. Richard Waqner, Esquire Attorney for Plaintiff DATE: 9/17/96 , l , l ; I J .... en '- n: &" (~. .. l~~ (' ~ ~~J ~:. ,: l~:;~ ~' ::. . , '- . :;:j ~= N ;(1 'h , "tic" rt. ~ "'ctJ -',l " . -) ..]..... " ,... t~i Q CI' f.> 11/"'.')> ~. ORO Page 2 7. (a) The marital property component of Member's retirement benefit equals: (lJ the Coverture Fraction multiplied by (2) the Member's retirement benefit on the effective date of Member's retirement, (bJ The Coverture Fraction is a fraction with a value less than or equal to one. The numerator is the total amount of Member's service, as defined by SERS on March 31, 1995 (the date of separation). The denominator is the total amount of Member's service, as defined by SERS, on the effective date of Member's retirement. lc) Fifty percent (SOt;;;) of the maritl.1 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 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 Seven (7) multiplied by a reduction factor (calculated to provide benefits actuarially equivalent to an annuity starting at Member's superannuation age) if payments commence to Member before his superannuation age, 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 approvt'll a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominatl'S Alternate Payee as an irrevocable beneficiary for the l'ntire liIlOOunt of any dE'ath benefits payable by RERS. This nomination shall berome enectiw upon approval by the Secretary of the Retirement Board, or his authorized reprellentatiVt'. of any DomestiC' Relations Order inC'Orporating this Stipulation and Agret>ment. Member sball nNutl" and dflivt"f to Altl!rnatt' l'ayet> aft authorization, in a form lI(wptable to SERS, whkh will authorial' S";RS to ",le_ to A1t..mate PlI}'t'l' all relt'VlInt information roMeming M..mber's mirement 8('t"'llUnt. AItE'malE' .'ane shall dl"linr 1M aultllmzalion to SERS which will allow 1M AIt"mall" paY"" 10 chNk thllt she has bHn and continl.l". 10 be properly nomimll"d und"f Ih,. parltJraph DRO Page 3 10. The term and amounts of Member's retirement benefits payable to the Alternate Payee after SERS approves 0 Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which optionls) is (ore) selected by Member upon retirement. Member and Alternate Payee expressly agree that, at the time that the Member files 0 retirement application with SERS, the Member: (0) May elect to receive, by lump sum, 011 or 0 portion of on amount not exceeding the total accumulated deductions standing to the credit of the Member. as provided at 71. Pa C.". ~5705(a)l.t~iii); (b) Shall elect .Option I," specifically, shall elect to receive a life annuity to the Member with a guaranteed total payment equal to the present value of the maximum single life annuity on the effective dale of retireml.'nt with the provision that, if, at his death, he has received less than such present value, the unpaid balance shall be payable to his beneficiary, as provided at 71 Pa. C.S. ~5705(aH II. If the Member elects to receive all or a portion of his accumulated deductions, the Alternate Payee is entitled to a portion of such deductions. The portion the Alternate Payee is entitled to is determined by dividing the amount of the accumulated deductions the Member elects to receive by the total amount of his accumulated deductions and multiplying this ratio by 50'! of the Member's accumulated deductions on September 30, 1995, accumulated With intl.'rest at the I'I1te of 4',f per year compounded annually ..inre Septl.'mber 30. 1995. The Altl'rnale Payee is alllO l.'ntitled to 0 portion ofthl' annuity payable to th... Member, Th,. portio" thl' A1tl'r~lale I'oyt'e IS I'ntitld to I' th.. mantlol,'oml'onent of tht' Ml.'mber's rl.'tirt'm...nt lxonl'fit as dl'fined in I'aragraph 7 adjusted to renect any I'\'fund 0( accumulated deductions to which tbt> Alternntl.' Pn)'t'l' is l'ntitlPd under this I'aragraph 10. II. Altl'rnal4> Payee may not l'lt..rrille any rilht. privil....... or option olTt..1'\'d by Sr-:RS. Sl-:ltS shall i8JIUl' indlvidulll tn furmA to Member and Altl'rnat... l'Il)"H for amounb paid to each 12. In the f'Wnt 0( tl~ dt-ath 0( Alt,,",lIte l'uyee pnur to I'\'(\'ipl 0( all 0( ht>r paymmtJo I"1)'uhl.. 10 bt>r frum SEltS undt'l' thlll nrd..r, any dt-.tth btont-/it or I'\'til'\'mt'nt lxont'tit pityabl.. to Alt..mat.. l'lt)'t't' hy S.:R."l Illlltll h.- ""ld to A11..'''''I.. PII)''''''lI r....llll.. to 11M' ...Ifl\t of AIt"rIIuI.. I'il).....'.. """lubI" .1t"ln!>"I",,, purtlon of Mrmt...r'. "'hl't'mt'nl btont'tit ORO Page 4 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 olTered by SERS as provided in this Order. All other rights, privileges and options olTered 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 BElt.." to prm'ide un)' tfPt' or form ;jf b.;n.>iit. or ltIlyoption not otherwise provided under the Retirement Cod~; (b) Does not require BERS to provide increased benefits (determined on the basis of actuarial value) 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 Dauphin County. Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement. but only for the purpo.~e 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 benefit. or any option not otherwise providro by SERS. and further provided that no such amendment or right of the Court to so amend will invalidate this exi.ting Ordf'P. 17. Upon entry a. a Domestic Relations Order. a C't'rtifit'd copy oftha Domeatic Rl"llltions Order and this Stipulation and Agrftment and any attendant documents ahall be 8t'rvt'd upon SERS illllm'diately. 11w Domestic Relations Order shall take..rrert immediately upon SERS approval and SERS approval of any athmd.1.nt cIocuments and thl'D shall rrmain in ..rrt'('t until further OniH of the Court DRO Page 5 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. ~wE:~