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Home My WebLink About98-01458 .*'~~-_~~*--~-_'*'*-*~ID******'~:~~~:~;'*:~'~.'~:~~ 1i: . ----..-------------------- ..........--- ~ ,.' .'~ ~ ~ ~.~ ,., : IN THE COURT OF COMMON PLEAS ~ ~.' ~ ~ ~.~ ,', ~ ,', ~ w :.~ ~ .,' ,', ~ ~', ~ w ? ,', ~ ~ lJy Ty Court: ,1 ~ ~\..0 /l/d- . ... ... ~ Allest: ~ ~>>~ ~7'4~., J, ~ ../ ~na: ~~k..~.. .... ~ P holhonolary B ~ g * ~ ~.~ ------~-~-------- ..._--~- ~ ~,~.~~_~_~~_*~~~*_*_*_*ro~~*-roro~:*~ ,', ~ ~ ~ ~.' ,', ~ ~ ~.' ,'~ ~ ~.~ * ~.~ ~ ~.~ ~ ~ :-: ~ ~ ',' .., ,', ~ ~ .', ~ w ~'; ~ ,', ,', ~ .:. ~ ,', ~ w ::; !l! ~.~ W :.~ OF CUMBERLAND ~ STATE OF 't"'~o!'".":r ~ COUNTY PENNA, .f:JX.LI>..Il.~.. ~ONI ~MITH Plaintiff ...... II ,[ .. !I I' Ii I ., !I ii N 0, 9.~.::.~.~.?.~..c:I'U.~...'!:'.~.RtK) Vel.sus YVONNE I. MONISMITH Defendant DECREE IN DIVORCE AND NOW, ...........1""'-?...../,fI.:.... 19~?...., it is ordered and decreed that. . ,Nyle. .D.. Monismith.. .. .., ., .,..,...". ..'"., plaintiff, and. .." .. ., , . . )'y.ql)I)!!, .r.." MP.nhm.i.t<b. . .. ." ... .. " ..,.,.." 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 0 final order has not yet been entered; Agreement and StipUlation for Qualified Domestic Relations Order ............ ........ ...... ....... ......... ...... ...... ,.. ..... ...... .... '.J to be entered by separate Order of Court. .... ...... . ...... '....... ...... ...... ............. ....... .... .... ......... ,', ~ ,', ~ ~ ',' ~ ~.~ ~ ~.~ ,', ~ w ~.~ *- ~.~ " ~ f:~ ~ ~.~ ~.; ~ ~ ~.~ ~ :.~ ~ ~ {.~ ,', ~ ~ :.; ,', ~ ~ ~.~ W :.~ .', ~ ~ ~.~ ~ '.~ ,., ~ $ ~ *- '.~ $ s ~ NYLE D. MONISMITII, PlaintilT: v. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W YVONNE I. MONISMITH Defendant NO, 98-1458 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infonnation, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~ (3301(c) of the Divorce Code. 1. Date and manner of service of the Complaint: certified mail, restricted delivery, return receipt requested, 3. (Complete either Paragraph (a) or (b).) (a) Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code; by PlaintilT: June 24, 1998; by the Defendant: July I, 1998, (b)(l) Date of execution of the Affidavit required by ~ 3301(d) of the Divorce Code: ; (2) Date offiling and service of the Plaintiff's Affidavit upon the respondent: 4, Related elaims pending: Agreement and Stipulation for Qualified Domestic Relations Order to be entered by separate Order of Court, 5, (Complete either (a) or (b),) (a) Date and manner of service of the notice ofintention to file praecipe to transmit record, a copy of whieh is attached: (b) Date plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: June 25, 1998, Date defendant's Waiver of Notice in ~ 331O(c) Divorce was filed with the Prothonotary: July 13, 1998, LAW OFFICE OF EDWARD L, SCHORPP Date: 7- /-3 -;1' 8'" By: /~~~ Edward L. Schorpp, Esquire Attorney for Plaintiff - '- r:_ "- Of; tv f- ~ :?: UJ(,::2 2J '~:;~ (.V. p,.:"" .,- i!) i?~ -r:: 6~ (') :.;'c) -. .... UJ/' j'- G-I" ;,,::0,.0 - " , . I!JUJ j~-; =--=) ~::'~ (J... "- <''0 :.:1 Cl en U f~~ ..:J. .. " l,'; , .. ".'( : . ~ (j. r ~, L. I,{' I..:.... .. , ']1 . . (_Ii r-. Llj(I ._1 . (" ~ II r..,. I_J ".^::1 I.' : , .! ~l... .- II. ~ -. U :'.J c.n U .--~..-' >- co cr; i::: ~c e>:, J- ~. IJJQ N -<, ::) -r h2"" ;3 ~:~ u. !j? :r: LJ_( :' 'l.. 2;6 ,");:; ',- If') ;,.~ l.." ...((j) :.':if., C'.J ij12~ u:.:;l.ll -. r~ ", 'LidS ::.> -, f!.~ln_ I.J.. 'l? -: 0 ::l v, U >- c> ~ 0; <.>.\ -., :~ ,- c' 8 8~~; U.l ~;:"_ (,'2', H=.', .;:,: ..:- t.:>~: 1::: l: ('') ;'~-~ @u )1"::. Efh:' , ;-:l:}..l :::J .-. -J ~,~~.l.. ". r:'C ~:) 0 0' U " '( Ii' NYLE D. MONISMITH, Plaintiff: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YVONNE I. MONISMITH Defendant NO. 98-1458 CIVIL TERM IN DIVORCE (') ,0 (') c: '-" 'I" :c ..~ "'1"J ~ ;-1' .. '.:!l S.~;_.: ;d ~:~ " N " ('':'':'': .\=- S?, . . '.' :r" I~-n . ;'.:; :1J >- (.-' .:,~ .hC) . ~i-rn '. ?? u ..... ~ , '.J1 :-1 :.J:! -< IP -< v. CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COUNTY OF CUMBERLAND R2 AND NOW, this :;;3;.;--;s,ayof ) : SS, ) 4?~t'/ , 1998, I, Edward L, Schorpp, COMMONWEALTH OF PENNSYLVANIA Esquire, attorney for Nyle D. Monismith, Plaintiff in the above-captioned action, hereby swear that I have served a true copy of the Complaint in Divorce in the above-captioned matter, with Notice to Defend and Claim Rights, upon Yvonne I. Monismith, the Defendant, c/o 14 Greystone Road, Carlisle, Pennsylvania 17013, by depositing same in the U. S, Mail, postage prepaid, certified, restricted delivery, return receipt requested, A copy of the return receipt card signed by the Defendant on March 20,1998, indicating service was effected, is marked Exhibit "AU, attached hereto and made a part hereof, BY-~~ Edward L. Schorpp, Esq, Attorney for Plaintiff swo~ subscribed to before me this ~ dayO~ ,1998, ~Pu~~V Notarial Seal sus.n K. Guyer, Notary Public Carlinle Ooro. cumberland coun~ 0 My Commission E'P!'OIl SlIpt. 4, 1 9. tlll1 ;,:lJQllnl~I""llI\ID I\lIS0clatloll a alar es ir. co (.:: ~ t.r; % f:~Q cO ::) ,.r <.) ".; ~~~ :1: ~.) :~~ ~>: C~;:~ (' ~ :'~; r;:; cr. l- N .'-1 ~). f ,0- ..~~ [fl': o~ il.~lrU ~; .~ ..r1 Ci: ::L: IJ,. en ::.; 0 CT\ U 1 , { i I 1 NYLE D. MONISMITH, PlaintilT: v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YVONNE J. MONISMITH Defendnnt NO. 98-1458 CIVIL TERM IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this /(, , day of <J~ , 1998, the attached Stipulation nnd Agreement entered into by the parties in the above captioned case nnd dated July 13, 1998, is hereby incorporated, but not merged, into this Order of Court. i .~ -1~?1':J /L J. .' , , , NYLE D. MONISMITH, PlaintitT: v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W YVONNE 1. MONISMITH Defendant NO. 98-1458 CIVIL TERM IN DIVORCE STIPULATION AND AGREEMENT AND NOW, this 13'h day of July, 1998, the parties, Nyle D. Monismith, Plaintiff, and Yvonne 1. Monismith, Defendant, do hereby Stipulate and Agree as follows: I, The Plaintiff, Nyle D. Monismith, hereinafter referred to as "Member", is a member of the Commonwealth of Pennsylvania, Public School Employees' Retirement System, hereinafter referred to as "PSERS". 2, PSERS, as a creature of statute, is controlled by the Public School Employees' Retirement Code, 24 Pa, C.S, ~ 8101, et seq, ("Retirement Code"), 3. Member's date of birth is March 8, 1945, and his Social Security number is 172-36- 1770. 4. The Defendant, Yvonne 1. Monismith, hereinafter referred to as "Alternate Payee", is the spouse/fonner spouse of Member, Alternate Payee's date of birth is May II, 1945, and her Social Security number is 193-36-3707. 5. Member's last known mailing address is: 301 Stone Church Road Carlisle, PA 17013 6. Alternate Payee's last known mailing address is: c/o Betty Wilson Ten West Pine Street Mt. Holly Springs, PA 17065 It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times, '. 7. Alternate Payee's share of Member's retirement benefit shall be the fixed amount of Nine Hundred Twenty ($920,00) Dollars per month, commencing when such pension goes into payment status. Once entering payment status, this fixed payment amount shall continue for Alternate Payee's natural life, 8, Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump sum withdrawals and/or any increases, Equitable distribution of the marital property component of Member's retirement benefit as set forth in Paragraph Seven (7) shall commence as soon as administratively fcasible after Member's effective date of retirement or the approval by PSERS of a Qualificd Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9, Member shall nominate Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution interest of24% in Member's retirement benefit for any death benefits payable by PSERS which are owing as a result of Member's death prior to Member's retirement. Should Member die subsequent to having entered retirement status, Alternate Payee's distribution shall be limited to that set forth in paragraph 7 hereof, In addition, Member shall execute and deliver to Alternate Payee an authorization, in a fonn acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all infonnation concerning Member's retirement account, including but not limited to Member's current Nomination of Beneficiaries fonn for death benefits, Altemate Payee shall deliver the authorization to PSERS, allowing Altemate Payee to detennine if Member has properly nominated Altemate Payee as a beneficiary as per the tenns of this Paragraph, 10, The tenns of Member's retirement benefits payable to Alternate Payee under the tenns of this Stipulation and Agreement after its entry as a Qualified Domestic Relations Order acceptable to PSERS are set forth in paragraph 7 and, upon his retirement, the Member shall elect to receive any monthly retirement benefit identified by the Retirement Code so long as said benefit provides that the fixed amount of $920.00 per month is required to be paid to Altemate Payee for the remainder of Alternate Payee's natural life, Subsequent to his effective date of retirement, Altemate Payee's interest shall be limited to the fixed monthly payments set forth in paragraph 7 hereof, and any remaining death benefits shall be payable without restriction in equal . shares to nueh persons whom Member shall have nominated as contingent alternate payees, II. Alternate Payee may not exercise any right, privilege or option offered by PSERS, PSERS shall issue individual tax forms to Member and Altemate Payee for the amounts paid to each. 12, Upon the death of Alternate Payee, all remaining benefits shall revert to Member, or in the event of his death, in equal shares to those persons nominated as contingent alternate payees. 13, In no event shall the Alternate Payee or her Estate have greater benefits or rights than those whieh are available to the Member. The Alternate Payee or her Estate is not entitled to any benefit not otherwise provided by PSERS, The Alternate Payee or her Estate is only entitled to the specific benefits offered by PSERS as provided in this Order, All other rights, privileges and options offered by PSERS not granted to the Alternate Payee or her Estate by this Order are preserved for the Member. 14. It is specifically intended and agreed by the parties hereto that this Stipulation and Agreement: (A) Does not require PSERS to provide any type or form or amount of benefit or option not otherwise provided under the Retirement Code; and (B) Does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or on other than actuarial values, Alternate Payee shall never be entitled to an increase in the fixed monthly payment, 15, The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Qualified Domestic Relations Order, 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Qualified Domestic Relations Order Based on this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate any existing ". 2:: tr. (', '-. ~ ".-... :;: ; 1--' f~ ulr~ :~~ .. u.-". jdi: , l)?:~:. ...,;: ., :..1 , t I 'c') i ;') '::'111: , , '':JI.. .' [t,,! ,. . (1) .'- :~ I - -, ..~.::: U_ r..~ ,:.) <.;) V'" 0 .. , '. NYLE D. MONISMITH, Plaintiff: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW YVONNE I. MONISMITH Defendant NO. 98-1458 CIVIL TERM IN DIVORCE AMENDED STIPULATION AND AGREEMENT AND NOW, this/Aay of Oe:ceM<7&<:, 1998, the parties, Nyle D, Monismith, Plaintiff, and Yvonne I. Monismith, Defendant, do hereby Stipulate and Agree as follows: I. The Plaintiff, Nyle D. Monismith, hereinafter referred to as "Member", is a member of the Commonwealth of Pennsylvania, Public School Employees' Retirement System, hereinafter referred to as "PSERS". 2, PSERS, as a creature of statute, is controlled by the Public School Employees' Retirement Code, 24 Pa, C.S. ~ 810 I, et seq. ("Retirement Code"). 3. Member's date of birth is March 8, 1945, and his Social Security number is 172-36- 1770, 4. The Defendant, Yvonne I. Monismith, hereinafter referred to as "Alternate Payee", is the spouse/fonner spouse of Member. Alternate Payee's date of birth is May 11, 1945, and her Social Security number is 193-36-3707. 5, Member's last known mailing address is: 301 Stone Church Road Carlisle, PA 17013 6, Alternate Payee's last known mailing address is: c/o Betty Wilson Ten West Pine Street Mt. Holly Springs, P A 17065 I ,I il :) : I' ./ ii " ~ 1- I. It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times, 7, Alternate Payee's sharc of Member's retirement benefit shall be the fixed amount of ~ Ninc Hundrcd Twcnty ($920,00) Dollars pcr month, commcncing whcn such pcnsion gocs into paymcnt status. Oncc cntcring paymcnt status, this fixcd paymcnt wnount shall continuc for Altcrnatc Paycc's naturallifc, 8. Mcmbcr's rctircmcnt bcncfit is dcfincd as all monics paid to or on bchalf of Mcmbcr by PSERS, including any lump sum withdrawals and/or any incrcascs. Equitablc distribution of thc marital property componcnt of Mcmbcr's retircmcnt bcncfit as sct forth in Paragraph Scvcn (7) shall commcncc as soon as administrativcly fcasiblc aftcr Mcmbcr's cffcctivc datc of rctircmcnt or thc approval by PSERS of a Qualificd Domcstic Rclations Ordcr incorporating this Stipulation and Agreement, whichcvcr is latcr. 9. Membcr shall nominatc Alternatc Paycc as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution interest of24% in Member's retirement benefit for any death bcnefits payable by PSERS which are owing as a result of Membcr's death prior to Member's retirement. Should Member dic subsequent to having entered retirement status, Alternate Payee's distribution shall bc Iimitcd to that set forth in paragraph 7 hcrcof. In addition, Member shall executc and dclivcr to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to rclcasc to Altcrnatc Paycc all information conccrning Mcmbcr's rctiremcnt account, including but not Iirnitcd to Member's currcnt Nomination of Beneficiaries form for death bencfits, Altcrnatc Paycc shall dclivcr the authorization to PSERS, allowing Alternate Payee to determine if Membcr has propcrly nominated Altcrnatc Paycc as a bcncficiary as per the terms of this Paragraph. 10. The terms of Member's retiremcnt bcncfits payablc to Alternatc Paycc undcr the tcrms of this Stipulation and Agreement aftcr its cntry as a Qualified Domcstic Rclations Order acccptable to PSERS are sct forth in paragraph 7 and, upon his rctircment, thc Member shall elect Special Option 4. Member shall designate Alternate Payee as his irrcvocable survivor annuitant to the extent of the fixed wnount payable to Alternatc Payec of Nine Hundred Twcnty and no/I 00 ($920.00) Dollars pcr month as sct forth in paragraph 7 of this Stipulation and Agreement. Thc intcnt of this Special Option 4 selection is to maintain levclized payments to Alternatc Payee for her Iifc in thc cvcnt of Membcr's death after retirement. Upon his rctircmcnt, Alternatc Paycc shall receive the fixed wnount ofNinc Hundrcd Twcnty and no/l00 ($920.00) -2- ~ Dollars per month during Member's lifetime and the same amount as a survivor annuity if Member predeceases her after his retirement. Alternate Payee acknowledges that if she predeccases Mcmbcr aftcr Mcmbcr's rctircmcnt, then under Special Option 4, no survivor annuity is payable to Alternate Payee's estate or successor. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax fonns to Member and Alternate Payee for amounts paid to each person, Member may name another survivor annuitant for his portion of the retirement benefit for any amounts remaining payable after his death, Any amounts payable to a survivor annuitant shall not alter the fixed amount payable to Alternate Payee, II. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax fonns to Member and Alternate Payee for the amounts paid to each. 12. Upon the death of Alternate Payee, all remaining benefits shall revert to Member, or in the event of his death, in equal shares to those persons nominated as contingent alternate payees. 13, In no event shall the Alternate Payee or her Estate have greater benefits or rights than those which are available to the Member, The Alternate Payee or her Estate is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee or her Estate is only entitled to the specific benefits offered by PSERS as provided in this Order. All other rights, privileges and options offered by PSERS not granted to the Alternate Payee or her Estate by this Order are preserved for the Member, 14. It is specifically intended and agreed by the parties hereto that this Stipulation and Agreement: (A) Does not require PSERS to provide any type or fonn or amount of benefit or option not otherwise provided under the Retirement Code; and (8) Does not require PSERS to provide increased benefits (detennined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or on other than actuarial values. Alternate Payee shall never be entitled to an increase in the fixed monthly payment. -3- ... . . 15. Thc partics intcnd and agrcc that thc tcnns of this Stipulation and Agrccmcnt shull bc approvcd, adoptcd and cntcred as a Qualificd Domcstic Rclations Order. 16, Thc Court of Common Picas ofCumbcrland County, Pcnnsylvania, shall rctain jurisdiction to amcnd any Qualificd Domcstic Rclations Order Bascd on this Stipulation and Agrccment, but only for thc purposc of cstablishing it or maintaining it as a Qualificd Domestic Rclations Order; provided, howevcr, that no such amendmcnt shall requirc PSERS to provide any type or fonn of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendmcnt or right of the Court to so amend will invalidate any cxisting Order, 17. Upon its entry as a Qualified Domestic Relations Order, a certified copy of this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Qualified Domestic Relations Order shall take effect immediately upon its approval and the approval of any attendant documents by PSERS and shall remain in effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the tenns of this Stipulation and Agreement, do hereunto place their hands and seals, Dated: IOI./Ji~i ?ltM~;1~ PlaintiIDMember Dated: /()-/~- 97 '?~"~-r.~ -L; .J.. ?L~". -~L-- (/!.,vonne I. Monismith Defendant/Alternate Payee Dated: I~ ji :i/l, ~~ Edward L. Schorpp, Esq, Attorney for Member a'~ V~4- Anthony L. ca ' Attorney for Defendant/Alternate Payee Dated: /.;l-/c) - '79 . -4- >- '>- CT, 1- ~ .-:-- 9 :'5., I~Q t' ~ -..... ,~., ;" t. ..:: ..- ~.J "-_1' f'.' j ~- ,- ~, ~ C)::3 .J._..... ,")1.:" , '". ;-"i'n C)'-. Ill',. ('-I :-):!-. ..J Co.::. ..JrfJ iL~~ l>' ~, 1(:..... c:.: .,. 0'1 '5 u 0' (.) . . ...~.',