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HomeMy WebLinkAbout97-00287 \ I ~ ....... L.f VI '> ~ ....... 11 \ '" \ I I ,./ ,/ / , n I.Ll () r~ _I -n :-:~ .J '"'IiI'. ~~ " "1 T:, ", .J., O. r.;J .~If~ " .., ~ ,.; .\ , ,,:,-, .l) , .> 1,- ..)fl1 .. -, " '" o!.... :.; :.0 -: ,r- -< ~ f""' (:: "'- ..:l r .,~ . N .- ..)~ \\ 0 - ),. f!: ~>-.. '-);t ~ ~ u.. -,::'''' " d'~ ~ r.,. I'- : '''' "' u. .~;;.o' ~ ~ ,,, ~ !,...:; ~ ~.: ~ l;.'il.a :.;~u. V) ~ LL t- -. { ~ 0 ::J 0' U ~ C::'v) ~ ~ ~ 0< U10< 0<> ~~ l1.U1 :z:~ o III ~l1. 0'-- U>O:< I&< Ii-' ..:l O~ I o li-'U:Z: g;QO O:Z:~ III UO<U ~ 1Il~< 0 :t:1Il..:l > Ii-'!!lH H s> Q ~U~~~ ... '" .... -iJ d .... tel .-l l1. -iJ d tel 'tl d Q) '" Q) Q Ii-' :z: H 0< ..:l ~ o U III U p:: o > H Q <I: U ::J ... ul ~ Iii ~ 0:5 - . ~ ~~~ ~ i~~1 o I:: ~ C-' J:.c- Z ~ Q <I: . UI > . N Ii-' o-l o I&< . N Ii-' ..:l o I&< . ..:l ~ . ..:l ~ H i:i U GAY L. FOLTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. tJ) ~~) ~:J~"," IN DIVORCE VS. CRAIG L. FOLTZ, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. 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 entered 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 children. 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 Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'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 DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 ('?t-'l-~' . ~A:.()~~~ d' Anthony . eLuca-;r--iS~:e / p: 113 Fron Street ' P.O. Box 358 Boiling Springs, PA 17007 GAY L. FOLTZ, . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL AC'rION - LAW . . ~;,..y -r.;...- CRAIG L. FOLTZ, . NO. r; '/- ..111 . Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301 (cl OF THE DIVORCE CODE 1. plaintiff is GAY L. FOLTZ, who currently resides at 1243 Goodyear Road, Gardners, Cumberland county, Pennsylvania, since October 28, 1996. 2. Defendant is CRAIG L. FOLTZ, who currently resides at 2701 spring Road, Carlisle, Cumberland County, Pennsylvania, since May 15, 1983. 3. plaintiff and Defendant have been a bona fide resident(sl in the commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 25, 1971 at Kistler, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. n ~ n , -.l i1 '-0: , - " ,. , ) ," ~ , .. . " " " "'.. - ---.-- ---"-~'_ "0 . .CompIece- 1 - 2 for - _ I allO wtah ta rlC8lw lI1e .~.... 3,... IIld 4b. following 18N1ce. (far In ._--rd_ontho_oIlNtlonnlOlhIt",c:anflfurn... .xtra'18): j _10""" ._lhlo lonn 10 tho.... 01 tho rnoIplooo. or on tho _ W _ _ not 1 r.... . .~-'*'"'" ~on tho_ boIowtho IItido -, 11rR..frlctld O.IIvary .Tho_Aac:olpo"'-'.wIlomtholltido__rdtho_ I :Ii -, Ie, :i Jt 3, Ar1IcI. Add_ Ia: 4., Ar1IcI. Numbsr fJ !)ij.y fC'~ (.1'77 :. .Ciaf X. J~? ;':~'::: ~.rU"1d j :>1'7(// XlfH0(f.1oft.! OExpr.IlMaIl Oln.ured f -/I I' ,7 0 RetumR.08IplforMen:hand1l 0 COD Ltt!U"L~1 rd. /:;;'oa 7,D.t.a'Dellva~ ~ I ,1 l 8, Addr.....'. Add'.1I (Only /I requa,tld t and fa." paid) ~ 5, Racalvld By: (prtnt Nama) omBsllc RBlurn ece pI GAY L. FOLTZ, Plaintlff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. CRAIG L. FOLTZ, Defendant NO. 97-287 Civil Term : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on January 17, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. Sec. 4904 relating to unsworn falsification to authorities. Date: If l;.r-J17 , , ~~~ ,5{ ~ Gay L( oltz "r: ii ~O C\ -I " ::.:~ ,-j .::!J .'r.; :'>,"1 :1 <" . ,'-, ,-~ . :-. ~ , , I ., ~;:.~' : ;~~ :=-1 :r. ~'l.2 l~ --. .' ," , , '; i~~ (-, .0 n ( . -. -n .-: ~ ~] '1-- , :'n (I' ,":l >~~ " '. . ,::J C) :~ j -:1'1 j ., :11 :q C) -. (' ..'j ..... -- -,OJ '! ., -" ,I;.; ".' .\ , ; -' , , " -~ 1 , 'J ::f.. ., , , " " ::1 '.fl ~':; .r:> -:; GAY L. FOLTZ, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v . CIVIL ACTION - LAW . . . CRAIG L. FOLTZ, . NO. 97 - 2+6T- :J..P7 . Defendant . . . IN DIVORCE . QUALIFIED DCMESTIC RELATIONS ORDER WHEREAS, Craig L. Foltz (the "Participant"), and Gay L. Foltz, (the "Alternate Payee") have agreed to the division of marital property, which agreement provides for the entry of a Domestic Relations Order (the "Order") to provide for the division and disposition of the Participant's PP&L Employee Stock Ownership Plan (ESOP) and Employee Savings Plan (ESP), which are maintained and administered by PP&L, and to grant the Alternate Payee rights to such accrued benefits of the Participant in such amounts and in the terms and conditions prescribed in this Order and the Plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order (QDRO) as that term is defined in S414(P) of the Internal Revenue Code of 1986 (the "Code"); and WHEREAS, pursuant to the laws of the Conunonwealth of Pennsylvania, this Order is intended to provide for a partial distribution of Participant's ESOP and ESP as a martial property right of the Alternate Payee. NOW, THEREFORE it is hereby Ordered and Adjudged as follows: 1 Participant, Craig L. Foltz, date of birth September 21, 1949, Social Security No. 168-36-6965, is a Participant on the Pennsylvania Power & Light Company Employee stock Ownership Plan and Employee Savings Plan. 2 The current and last known mailing address of the participant is 312 Juniper Street, Carlisle, Pennsylvania. 3 Gay L. Foltz, Plaintiff, date of birth 12/21/52, Social Security No. 264-06-8061, the Alternate Payee, is a spouse of the Participant and has raised claims for inter alia, equitable division of marital property pursuant to the Pennsylvania Divorce Code, 23 PA C.S. S3101 et seq. 4 The current and last known mailing address of the Alternate Payee is 672 W. Louther Street, Carlisle, PA 17013. 5 This Order applies to the PP&L Employee Stock Ownership Plan (ESOP) and PP&L Employees Savings Plan (ESP). 6 A portion of the Participant's accounts in the mentioned Plans are marital property and subject to distribution by the court. . 7 Alternate Payee shall receive 159.507 shares of PP&L stock from the Participant's ESOP account. 8 Alternate Payee shall receive $16,078.21 from the Participant's ESP account. 9 The distribution to Alternate Payee from the ESOP account and the ESP account shall be made as soon administratively practical following the Plan's determination that this Order is a Qualified Domestic Relations Order. 10 Participant death shall have no effect on payment on Alternate Payees benefit under the ESOP Plan and ESP Plan. 11 In the event the Alternate Payee dies before the Alternate Payee's benefit is paid, the benefits shall be paid in accordance with the applicable Plan's provisions regarding payment to beneficiaries, including payments when no beneficiary is designated. The Alternate Payee shall be entitled to name a beneficiary (or beneficiaries) to receive the unpaid balance of the benefits. The death of Alternate Payee before the Plan determines that this Order is a Qualified Domestic Relations Order shall not affect the right to Alternate Payee's beneficiaries to benefits from the Plan. For purposes of this Order, the Alternate Payee's beneficiaries shall be as follows: .....~~"",.~.ll.i4~ "'I_._-"'-~- J Name: Angela L. Baker Address: 50 C1earview Drive, Car1.is1e, PA 17013 . i , Sooia1 Seourity No. 176-64-5142 Name: Jared C. Foltz Address: 510 N. Hanover Street, Carlisle, PA 17013 Sooia1 Seourity No. 176-64-5268 12 The parties shall promptly notify PP&L of any ohange in their addresses from those set forth in this Order. 13 The Alternate Payee does not reoeive any portion of the Partioipant's PP&L Company Retirement Plan. Participant shall retain sole ownership over the PP&L Company Retirement Plan. 14 This Court shall retain jurisdiotion to amend this Order as might be neoessary to establish or maintain its status as a Qualified Domestio Relations Order. Dated this If,' day of .t fi.d: , 1998. BY THE COURT, 00: Hubert x. Gilroy, Esquire Anthony L. DeLuoa, Esquire .///L. ~ 1/11/f'i. ..& 1f'_ GAY L. FOLTZ, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . v . CIVIL ACTION - LAW . . . CRAIG L. FOLTZ, . NO. 97-2187 . Defendant . . . IN DIVORCE . STIPULATION The parties to the above-captioned divorce action hereby stipulate and agree that the Court may adopt and sign the attached Qualified Domestic Relations Order pursuant to the Property Agreement executed by the parties on November 19, 1997. ~_A;~ Foltz 7-Y:: C J, f') or) 0 ~-.~ LJ ." r , , , r-~ ; -'] , ;, ",- .;11 , 1 l..; ; 2-. ." .:; , (") n_ ':.-q :.,; )' .:,",. ::) ~;l ...J -,