HomeMy WebLinkAbout91-1590AS OF
CASE#
04-28-09
91-1590
HAS BEEN SCANNED.
ALL EARLIER
FILINGS TO THIS
CASE HAVE BEEN
MICROFILMED.
496
DENISE E. BENDER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 1590 CIVIL 1991
CIVIL ACTION -LAW
SAMUEL J. BENDER, IN DIVORCE
Defendant PRIOR JUDGE: KEVIN A. HESS
STIPULATION AND AGREEMENT
AND NOW the day and year hereinafter set forth the parties hereto stipulate and agree as
follows:
WHEREAS the parties entered into a comprehensive Martial Settlement Agreement
dated August 22, 1991;
WHEREAS the parties also filed into a Petition to enter a Qualified Domestic Relations
Order;
WHEREAS the parties secured a Qualified Domestic Relations Order dated August 30,
2000 which is attached hereto and incorporated herein by reference as Exhibit "A";
WHEREAS the parties wish to vacate the entry of the Qualified Domestic Relations
Order for all purposes and have their financial arrangements relative to Plaintiff's distribution of
a portion of Defendant's pension handles privately between the parties.
NOW THEREFORE in consideration of their mutual covenants and agreements the
parties stipulate and agree as follows:
1. The parties shall sign a Stipulation asking that the Court of Common Pleas of
Cumberland County vacate its prior Order of August 30, 2000.
2. Both parties shall cooperate in seeing that the Order so entered, is provided to the
Office of Personnel Management so that the Defendant may move forward with
his retirement under the Civil Service Retirement System without any obligation
to the Plaintiff.
3. Within thirty (30) days of Defendant's retirement from his federal employment he
shall pay to Plaintiff a lump sum of $5,000.00 (FIVE THOUSAND AND XX/100
DOLLARS).
4. Beginning with the first month that Defendant begins receiving monthly payments
through his Civil Service Retirement System pension, Defendant shall pay to
Plaintiff the sum of $300.00 (THREE HUNDRED AND XX/100 DOLLARS) per
month which shall be paid without any tax consequences to Plaintiff. Said
payment must be made by the 15th day of each month and shall continue from the
time of Defendant's retirement until the death of Defendant or Plaintiff.
5. At the time of Defendant's retirement, he shall select a Survivor Benefit Annuity
with an alternative base of 20% (twenty percent) and thereby providing the
Plaintiff with a Survivor Annuity of approximately $300.00 (THREE HUNDRED
AND XX/100 DOLLARS) per month which Defendant must select at the time of
retirement.
6. All costs associated with the Survivor Benefit annuity shall be born solely by
Defendant and shall not effect the payments to be made to Plaintiff as set forth
above.
7. This Agreement shall be executed contemporaneously with a Stipulation
requesting that the Court vacate the prior Qualified Domestic Relations Order.
8. A copy of this Order shall not be filed with the Court, nor shall it be implemented
by the Court for any reasons except in the event of a violation of the Agreement.
. , -.
IN WITNESS WHEREOF, the parties hereto have set forth their hand and seal the day
and year hereinafter written.
WITNESSTH:
e
Witness
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Date Samuel J. Bend
q-IN-O 1
Date
Denise E. Bender
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF Cu v?Q'?
On this, the I ?-' day of QPAI?L , 2009, before me the undersigned
officer, personally appeared SAMUEL J. BENDER, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the foregoing instrument and acknowledge that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
? K
me" J. Will"
Notary Public
1pRtlIION, CUMMM AND
l r WWon.Expir*s Apr 17, 2011
Notary Public(j
COMMONWEALTH. OF PENNSYLVANIA:
SS.
COUNTY OF
On this, the j y4-01 day of 2009, before me the undersigned
officer, personally appeared DENISE E. BENDER, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the foregoing instrument and acknowledge that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
NOTARIAL SEAL
CONSTANCE E ABBOTT
Notary Public
CHAMBERMM BOROUGH, FRANKLIN COUNTY
My Comm133lon Expires May 17, 2011
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APR 2 9 2009 ?, q,
DENISE E. BENDER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. 1590 CIVIL 1991
CIVIL ACTION -LAW
SAMUEL J. BENDER, IN DIVORCE
Defendant PRIOR JUDGE: KEVIN A. HESS
ORDER OF COURT
AND NOW this /1 r day of /",.&] , 2009, upon presentation and
consideration of the within Stipulation and Agreement, it is hereby ORDERED and DIRECTED
that our prior Order of August 30, 2000, being a Qualified Domestic Relations Order, is hereby
vacated for all purposes. The parties are responsible for providing copies of this Order to the
United States Office of Personnel Management to notify that the office of the vacating of the
Qualified Domestic Relations Order.
By the Court,
Cc: ? Bradley L. Griffie, Esquire
Attorney for Defendant
-' Denise E. Bender
Pro Se
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s?i?o9
Kevi A. Hess, Judge
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