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HomeMy WebLinkAbout03-1882MELISSA D. BUFFINGTON Plaintiff RANDALL S. BUFFINGTON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- /~a0~x C,'o[(.'--F'~_~k CIVIL ACTION - LAW IN DIVORCE 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 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 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. Ctunbefland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 MELISSA D. BUFFINGTON Plaintiff Ve RANDALL S. BUFFINGTON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION-LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Melissa D. Buffmgton, by and through her counsel, Killian & Gephart, who represents as follows: 1. Plaintiff, MELISSA D. BUFFINGTON, is an adult individual, who currently resides at 212 South 15ta Street, Camp Hill, Cumberland County, Pennsylvania 17011. Her date of birth is February 16, 1970; and her Social Security Number is 172- 52-6970. 2. Defendant, RANDALL S. BUFFINGTON, is an adult individual who currently resides at 212 South 15t~ Street, Camp Hill, Cumberland County, Pennsylvania 17011. His date of birth is February 16, 1970; and his Social Security Number 183-66- 2572. 3. Plaintiff avers that she has been a bonafide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 8, 1995, in Wellsville, Pennsylvania. 5. Plaintiff avers that there is one child of the parties under the age of 18, namely, Robert L. Buffington, born May 22, 2000. 6. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There have been no other prior actions of divorce or annulment filed by either of the parties hereto. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. COUNT ONE --CL .~_M.. FOR E UITABLE DISTRIBUTION OF MARITAL PROPERTY. 10. The averments of Paragraphs 1 through 9 are hereby incorporated by reference thereto. 11. The Plaintiff and Defendant are the owners of various items of property acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, the Plaintiff requests the Court enter a Decree: b. hereto; and Dissolving the marriage between Plaintiff and Defendant; Equitably distributing all marital property owned by the parties Ce and just. Granting such further relief as the Court may determine equitable Dated: Respectfu/ly submitted, KILLIAN & GEPHART Harrisburg, PA 17108 (717)232-1851 Attorney I.D. #53148 Attorneys for Plaintiff VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: 04/21/03 MELISSA D. BUFFINGTON Plaintiff RANDALL S. BUFFINGTON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1882 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this ~.~ & day of C3~-k c~xc.~_~ ,2003, by and between RANDALL S. BUFFINGTON of 5215B Carlisle Pike, New Oxford, Adams County, Pennsylvania 17350 (hereinafter referred to as "Husband"), and MELISSA D. BUFEINGTON of 55 Conewago Terrace, Apt. 3, East Berlin, Adams County, Pennsylvania 17316, (hereinafter referred to as "Wife"), WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 8, 1995; and WHEREAS, one child has been bom of this marriage, Robert L. Buffington, bom on May 22, 2000; and WHEREAS, ~tifferences have arisen between Husband and Wife in consequence of which they have been separate and apart from each other; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree: DATE: 10/01/03 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart fi.om the other party at such place as he or she may fi.om time to time choose or deem fit. The foregoing provisions 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. 2. INTERFERENCE: Each party shall be flee fi.om interference, authority, and contact by the other, as fully as if he 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 or 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 understand and agree that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date of separation of June 8, 2003, she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband fi.om any and all claims or demands incurred by her. DATE: 10/01/03 2 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the date of separation of June 8, 2003, he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: All other debts, contracts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him and from all costs, legal costs and counsel fees unless provided to the contrary herein. DATE:10~I~3 3 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and fi.om all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code and any amendments thereto including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The parties agree that the moving party in any divorce action which has been or which will be commenced shall request the Court to incorporate, but not merge, this Agreement into any divorce decree. If this Agreement is incorporated into a divorce decree, the parties shall have the right to enforce this Agreement under the Divorce Code and any amendments thereto in addition to any remedies in law or equity and these enforcement rights are not waived or released by any of the provisions of this Agreement. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree does not give either party the right to raisg other claims under the Divorce Code specifically waived and DATE: 10/01/03 4 released by this paragraph, and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 7. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 8. DIVISION OF REAL PROPERTY: During the course of the marriage, the parties held title as tenants by the entireties to property situate at 212 S. 15t~ Street, Camp Hill, Pennsylvania 17011. This house was listed for sale with Jack Gaughen Realtor and closing took place on September 15, 2003, yielding total cash to Husband and Wife in the amount of $15,558.78, which funds are being held by Husband's attorney, Kristin R. Reinhold, Esquire. The parties agree that said proceeds shall be distributed $6,946 to Husband and $8,612 to Wife. 9. WIFE'S PSERS PENSION: The parties acknowledge that during the course of the marriage Wife was employed at the Bermudian Springs School District and that as a result of this~ employment, Wife became eligible to receive a Public School DATE:10~I~3 5 Employees' Retirement System ("PSERS") pension. The parties further acknowledge that that portion of said pension which accumulated during the course of the marriage is marital and subject to equitable distribution. The parties have agreed to distribute the marital component of Wife's PSERS pension pursuant to a Qualified Domestic Relations Order, a copy of which is attached hereto and marked as Exhibit "A.' The parties agree to sign the Stipulation for the Entry of "Domestic Relations Order" as set forth in Exhibit "A" and to take the necessary steps to have said stipulation entered as a court order and implemented by PSERS. 10. FINAI~CIAL ASSETS: A. Husband agrees that he shall transfer any and all right, title and interest in and to the following assets to Wife and agrees to immediately execute now or in the future any and all documents or papers necessary to effectuate such transfer: (1) Wife's NEA Valuebuilder Basic Annuity, with a balance as of December 31, 2002, of $7,819; (2) $4,678 out of the parties' joint Commerce Bank account; and (3) $700 out of the parties' joint PSECU account. B. Wife agrees that she shall transfer any and all right, title and interest in and to the followiag assets to Husband and agrees to immediately execute now or in the future any and all documents or papers necessary to effectuate such transfer: DATE:10~I~3 6 (1) Husband's Northwestem Mutual annuity, with an approximate balance of $2,051; (2) Husband's lNG annuity, with an approximate balance of $7,434; (3) $4,678 out of the parties' joint Commerce Bank account; and (4) $700 out of the parties' joint PSECU account. 11. AUTOMOBILES: A. Wife agrees to transfer all her right, title and interest whatever it may be to a 1994 Ford Fl50. Husband agrees to indemnify and hold Wife harmless from any and all debt associated with said vehicle. B. Wife agrees to transfer all her right, title and interest whatever it may be to a 2002 Saturn I300. Husband agrees to indemnify and hold Wife harmless from any and all debt associated with said vehicle including, but not limited to, a GMAC debt which had an approximate balance of $11,924 as of April 18, 2003. C. Husband agrees to transfer all his right, title and interest whatever it may be to a 1998 Chevy Malibu to Wife. Wife agrees to indemnify and hold Husband harmless from any and all debt associated with said vehicle. 12. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or DATE: 10/01/03 7 hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, fights and claims. This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary in any Will or other document, whether written in past or in the future. This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary of any insurance policies whether effective in the past or in the future. 13. WAIVER OF BENEFICIARY DESIGNATIONS: Unless otherwise expressly set forth in this Agreement, each party hereto specifically waives any and all beneficiary fights and any and all rights as a surviving spouse in and to any asset, benefit, policy, annuity or like program or account carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life DATE: 10/01/03 8 insurance policies, annuities, stock accounts, bank accounts, f'mal paychecks or any other post-death distribution scheme. Each party expressly states that it is his or her respective intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this agreement. In the event that the beneficiary designation is not formally changed prior to the death of the party, such that the other party continues to be named as beneficiary with no alternate beneficiary otherwise designated, the beneficiary shall be deemed to be the Estate of the deceased party and all benefits shall be distributed to the personal representative for the Estate of the deceased party, free of any claim by the other party. 14. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15. TAXES: By this Agreement, the parties have intended to effectuate and by this Agreement have~.equally divided their marital property. The parties have determined that such division coi~forms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, 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 properly not constituting a part of the marital estate. As a part of the equal division of the maritfil property and the marital settlement herein contained, the parties DATE: 10/01/03 9 agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the iother party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. 16. SUBSI~QUENT DIVORCE: Both parties agree to execute Affidavits of Consent to Divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree pursuant to Section 3301(c) of the Divorce Code contemporaneous with the signing of this Agreement and shall direct their respective counsel to immediately file with the Court said dr~cuments. Wife agrees that she shall direct her counsel to immediately file with the Court a Decree in Divorce from the bonds of matrimony under Section 3301 (c) of tile Divorce Code. 17. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party DATE: 10/01/03 lO breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of J. Paul Helvy, Esquire, as her attorney. The Husband has employed and had the benefit of counsel ofKfistin R. Reinhold, Esquire, as his attorney. Each party acknowledges that he or she has received independent legal advice fi.om counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal fights and obligations, and eacl~ party acknowledges and accepts that this Agreemem is, under the circumstances, fair aad equitable, and that it is being entered into freely and voluntarily after having receivedl such advice and with such knowledge, and that execution of this Agreement is not theresult of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the Court has the fight and duty DATE: 10/01/03 11 to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right go have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction to make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any Of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. DATE: 10/01/03 12 22. MUTUAL ACCEPTANCE: The parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against each other for their support and maintenance, and also alimony, alimony pendente lite, counsel fees or for any other provision for their support and maintenance, and also alimony, alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to any divorce proceeding which may have been or may be instituted by the parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by either party in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs or expenses incurred or to be charged by any counsel arising in any manner whatsoever for breach of this Agreement. 23. INDEEENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. DATE: 10/01/03 13 25. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. DISCLOSURE: The respective parties do hereby warrant, represent, and declare and do acknowledge and agree that each is and has, been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack DATE:10~I~3 14 of full disclosure, fraud, duress, undue influence, or that there was any absence or lack of full, proper, and independent representation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. WITNESS: S. BUFFINGTON DATE: 10/01/03 15 COMMONWEALTH OF PENNSYLVANIA ) ) SS.: COUNTY OF p//.,~f~qi~ ) On misfile t~7~ day ofO~ ,2003, before me, the undersigned officer, personally appeared RANDALL S. BUFFINGTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. 1N WITNESS WHEREOF, ! have hereunto set my ]handand notarial seal._ My Commission Expires: COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ~ ~t~ ) On this the c~rd day of ~t~ ~, ,2003, before me, the undersigned officer, personally appeared MELISSA D. BUFFINGTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set y hand and notarial seal. My Commission Expires: D^ZE: 10/m/o3 ~llx~a [. ta~. ~no~n~oo~lt ltl EXHIBIT "A" COURT OF COMMON PLEAS OF CUMBERLAND COU]NTY, PENNSYLVANIA Melissa D. B,fffin~ton : Plaintiff : VS. l~.~ndall S. B,flSngton Defendant CML ACTION - LAW NO. 2003-1882 IN DIVORCE . ER" STIPULATION FOR THE ENTRY OF DOMESTIC RELATIONS ORD AND NOW, this day of , the parties, Melissa D. Buffington, Plaintiff and Randall S. Buffington, Defendant, do hereby Agree and Stipulate as follows: 1. The Plaintiff, Melissa D. Buffington (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 statue, is controlled by the Pr~blic School Employees' Retirement Code, 24 Pa. C.S. §§8101 et. Seq. ( Retirement Code ). 3. Member's date of birth is February 16, 1970, and her ;Social Security number is 172-52- 6970. 4. The Defendant, Randall S. Buffington (hereinafter rel:erred to as Alternate Payee ) is the former spouse of Member. Alternate Payee's date of birth is February 16, 1970, and his Social Security number is 183-66-2572. 5. MembeFs last known mailing address is: 55 Conewago Terrace, Apt. 3 East Berlin, PA 17316 6. Alternate Payee's current mailing address is: 5215B Carlisle Pike New Oxford, PA 17350 DRO Page 2 It is the responsibility of Alternate Payee to keep a cun'ent mailing address on file with PSERS at all times. 7. (a) The marital property component of Member's reti:~ement benefit is equal to (1) the coverture fraction multiplied by (2) the MembeFs retirement benefit accrued on June 8, 2003, to commence on or after the Member's superannuation age. The Member's retirement benefit accrued on June 8, 2003, shall be based upon her final average salary as of June 8, 2003, and based upon the yeazs of service under PSERS as of June 8, 2003, and calculated in accordance with the Retirement Code in effect on the date benefits commence to the Member. (b) The coverture fraction is a fraction with a value less than or equal to one. The numerator is the amount of MembeFs service, as defined by PSERS, for the period of time from April 8, 1995, to June 8, 2003. The denominator is the total amount of Member's service, as defined by PSERS, on June 8, 2003. (c) The portion of the marital property component of Member's retirement benefit to be allocated to the Alternate Payee as his equitable distribution portion of this marital asset is 50%. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by PSERS or any deferred compensation benefits paid to Member by PSERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7, multiplied by a reduction factor (calculated to provide benefits actuarially equivalent to an annuity starting at the Member's superannuation age) if payments commence to Member before his superannuation age, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. DRO Page 3 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 PSERS if the Member dies before her benefits commence. 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) 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) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate 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 Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and dehver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authori.ze PSERS to release to Alternate Payee all relevant information concerning MembeFs retirement account. Alternate Payee shall deliver the authorization to PSERS which will allow the Alternate Payee to check that he has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable after PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after the Member files a retirement application with PSERS shall be in accordance with Paragraphs 10(a), 10(b) and 10(c) as follows: (a) Member may elect to receive, by lump sum, all c,r a portion of her accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee shall be determined by multiplying (1) by (2) by (3) where (1), (2) and (3) are as follows: DRO Page 4 (1) Accumulated deductions on June 8, 2003, accumulated with interest at the statutory rate (currently 4% per annum) compounded annually fi'om June 8, 2003, until the date payments commence to the Member. (2) 50% (the portion of the marital component of Member's retirement benefits allocated to Alternate Payee in accordance with Paragraph 7(c). (3) Ratio obtained by dividing amount of accumulated deductions the Member elects to receive by the total amount of her accumulated deductions on the date payments commence to the Member. (b) The excess of the present value of the equitable distribution portion of the Member's retirement benefit (based upon a maximum single life annuity) assigned to the Alternate Payee over the portion of the acc~,mulated deductions paid to the Alternate Payee (pursuant to Paragraph 10(a)) shall be used to provide the Alternate Payee with an annuity payable to him as long as he lives. The Alternate Payee shall share in any scheduled or ad hoc increases to the extent of his equitable distribution portion of the Member's benefit. (c) The excess of the present value of the Member's retirement benefit (based upon a maximum single life annuity) over the present value of the equitable distribution portion of the Member's benefit assigned to the Alternate Payee shall be used '~o provide the Member with an annuity based upon the retirement option selected by the Member. 11. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee, any death benefit payable to Alternate Payee by PSERS by reason of the Member's death before the date benefits commence to her shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. DRO Page 5 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 te any benefit not otherwise provided by PSERS. The Alternate Payee 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 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 PSERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (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 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 malntmning it as a 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 this existing Order. DRO Page 6 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon PSERS approval and PSERS approval of any attendant documents and fl~en shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT PlaintifffMember Defendant/Alternate Payee Attorney for Plaintiff/Member Attorney for Defendant/Alternate Payee MELISSA D. BUFFINGTON Plaintiff RANDALL S. BUFFINGTON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1882 Civil Term : : CIVIL ACTION- LAW : IN DIVORCE PRo item 4 if Restr · Pdnt your nan so that we car · Attach this cm ~ on the front Mr. Randal 212 South Camp Hill, s 1, 2, and 3. Also complete cted Delivery is desired. e and address on the reverse return the card to you. J to the back of the mailpiece, if space permits. to: [ S. Buffington !5th Street PA 17011 If YES, enter delivery 3. Service Type ~ Certified Mai[ [] Express Mai~ / r-] Registered [] Return Receip for Merchandise e~ ~_~ Insured Mail [] C.O.D. . ~.~estricted Deliv;ry? (Extra F~) X~ Yes 2. ~nmi;~feNr~m~; 0~2'0 0023 0170 0137i- ~) 3 PS Fo~I 811, March 2001 Oomestic Return Receipt ~ . 60 04/28/03 2.30 1.75 Post~ar~ , 3.50 $ 8.15 MELISSA D. BUFFINGTON Plaintiff RANDALL S. BUFFINGTON Defendant : IN THE COURT OF ,COMMON PLEAS : CUMBERLAND COLINTY, PENNSYLVANIA NO. 03-1882 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(.:) of the Divorce Code was filed on April 23.2003. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. I consent to the entry of a final decree of divo,rce after service of notice of intention to request entry of the decree. 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.A. Section 4904 relating to unsworn falsification to authorities. Dated: October 23, 2003 Me,ssa D. Buffington bb'~r MELISSA D. BUFFINGTON Plaintiff V. ' . RANDALL S. BUFFINGTON : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1882 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 23, 2003. o The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. o I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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.A. Section 4904 relating to unsworn falsification to authorities. Dated: Octobor 8, 2003 Randall S. Buffington/ MELISSA D. BUFFINGTON Plaintiff RANDALL S. BUFFINGTON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1882 Civil Term : : CIVIL ACTION- L/kW : IN DIVORCE WAIVER OF NOTICE OF INTEIVFION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c~ OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. o I understand that I 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 with the prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: October 23, 2003 M~saD. BuffingtorbT/ (f- MELISSA D. BUFFINGTON Plaintiff V. : : RANDALL S. BUFFINGTON : Defendant : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1882 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I 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 with the prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: October 8, 2003 MELISSA D. BUFFINGTON Plaintiff RANDALL S. BUFFINGTON Defendant : IN THE COURT OF' COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1882 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORI~ TO THE PROTHONOTARY: Transmit the record, together with the following infi)rmation, to the Court for entry of a Decree in Divorce: 1. Grounds for divorce: Irretrievable breakdowu under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: By certified mail, restricted delivery, retum receipt requested, on May 6, 2003, to Defendant, RANDALL S. BUFFINGTON, as evidenced by the attached Receipt for Certified Mail; which is being filed contemporaneously herewith. 3. Date of execution of the Affidavits of Consent required by Section 3301(c) of the Divorce Code: by MELISSA D. BUFFINGTON, Plaintiff, on October 23, 2003; by RANDALL S. BUFFINGTON, Defendant, on October 8, 2003. Said Affidavits are being filed contemporaneously herewith. CERTIFICATE OF SERVICE I do certify that I served a tree and correct copy of the within Praecipe to Transmit Record, and related documents, upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Kristin R. Reinhold, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 Dated: Peggy Hile, Secretary to J. PAUL HELVY, ESQUIRE Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg,. PA 17108-0886 (717) 232-1851 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of .~i~. PENNA. MELISSA D. BUFFINGTON VERSUS RANDALL S. BUFFINGTON NO. 03-1882 Civil Term AND NOW, DECREED THAT AND Decree IN DIVORCE , PLAINTIFF, , DEFENDANT, MELISSA D. BUFFINGTON RANDALL S. BUFFINGTON ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOL:OWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt beeN ENTERED; The attached Marital Settlement Agreement is incorporated but not merged to the Decree in Divorce. by THE COUrt: . Atte~/~ /~ ~/~ -CF - J. ( - ~ ' ~ PrOTHONOtArY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Melissa D. Buffington : Plaintiff : VS. Randall S. Buffington Defendant CIVIL ACTION - LAW NO. 2003-1882 IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this [t[~ day of__~., ~. the parties, Melissa D. Buffing'ton, Plaintiff and Randall S. Buffing~on, Defendant, do hereby Agree and Stipulate as follows: 1. The Plaintiff, Melissa D. Buffington (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 statue, is controlled by the Public School Employees' Retirement Code, 24 Pa. C.S. §§8101 et. Seq. ("Retirement Code"). 6970. Member's date of birth is February 16, 1970, and her Social Security number is 172-52- 4. The Defendant, Randall S. Buffington (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is February 16, 1970, and his Social Security number is 183-66-2572. 5. Member's last known mailing address is: 55 Conewago Terrace, Apt. 3 East Berlin, PA 17316 6. Alternate Payee's current mailing address is: 5215B Carlisle Pike New Oxford, PA 17350 DRO Page 2 It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times. 7. (a) The marital property component of Member's retirement benefit is equal to (1) the coverture fraction multiplied by (2) the Member's retirement benefit accrued on June 8, 2003, to commence on or after the Member's superannuation age. The Member's retirement benefit accrued on June 8, 2003, shall be based upon her final average salary as of June 8, 2003, and based upon the years of service under PSERS as of June 8, 2003, and calculated in accordance with the Retirement Code in effect on the date benefits commence to the Member. (b) The coverture fraction is a fraction with a value less than or equal to one. The numerator is the amount of Member's service, as defined by PSERS, for the period of time from April 8, 1995, to June 8, 2003. The denominator is the total amount of Member's service, as defined by PSERS, on June 8, 2003. (c) The portion of the marital property component of Member's retirement benefit to be allocated to the Alternate Payee as his equitable distribution portion of this marital asset is 50%. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by PSERS or any deferred compensation benefits paid to Member by PSERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7, multiplied by a reduction factor (calculated to provide benefits actuarially equivalent to an annuity starting at the Member's superannuation age) if payments commence to Member before his superannuation age, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. DRO Page 3 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 PSERS if the Member dies before her benefits commence. 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) 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) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate 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 Alternate 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 Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to PSERS which will allow the Alternate Payee to check that he has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable after PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after the Member files a retirement application with PSERS shall be in accordance with Paragraphs 10(a), 10(b) and 10(c) as follows: (a) Member may elect to receive, by lump sum, all or a portion of her accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee shall be determined by multiplying (1) by (2) by (3) where (1), (2) and (3) are as follows: DRO Page 4 (1) Accumulated deductions on June 8, 2003, accumulated with interest at the statutory rate (currently 4% per annum) compounded annually from June 8, 2003, until the date payments commence to the Member. (2) 50% (the portion of the marital component of Member's retirement benefits allocated to Alternate Payee in accordance with Paragraph 7(c). (3) Ratio obtained by dividing amount of accumulated deductions the Member elects to receive by the total amount of her accumulated deductions on the date payments commence to the Member. (b) The excess of the present value of the equitable distribution portion of the Member's retirement benefit (based upon a maximum single life annuity) assigned to the Alternate Payee over the portion of the acc~mulated deductions paid to the Alternate Payee (pursuant to Paragraph 10(a)) shall be used to provide the Alternate Payee with an annuity payable to him as long as he lives. The Alternate Payee shall share in any scheduled or ad hoc increases to the extent of his equitable distribution portion of the Member's benefit. (c) The excess of the present value of the Member's retirement benefit (based upon a maximum single life annuity) over the present value of the equitable distribution portion of the Member's benefit assigned to the Alternate Payee shall be used to provide the Member with an annuity based upon the retirement option selected by the Member. 11. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee, any death benefit payable to Alternate Payee by PSERS by reason of the Member's death before the date benefits commence to her shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. DRO Page 5 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 PSERS. The Alternate Payee 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 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 PSERS to provide any type or tbrm of benefit, or any option not otherwise provided under the Retirement Code; (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 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, Permsylvania, 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 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 this existing Order. DRO Page 6 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon PSERS approval and PSERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT ~~for mlaintif~° r~