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HomeMy WebLinkAbout10-2332?f r Ire A,i pi '. 2 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Plaintiff JOYCE A. DETWEILER, Plaintiff V. JOHN I. DETWEILER, 111, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . NO. 10 - a35A 0,1V i ITrrn 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 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, One Courthouse Square, Carlisle, PA 17013-3387. 4.4170.6o P4 Amy GG, Isr5 f2, 3 c? 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Plaintiff JOYCE A. DETWEILER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. . NO. JOHN I. DETWEILER, III, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, JOYCE A. DETWEILER, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, JOHN I. DETWEILER, III, upon the grounds hereinafter set forth. COUNTI DIVORCE 1. Plaintiff is JOYCE A. DETWEILER, an adult individual who currently resides at 507 Kevin Court, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is JOHN I. DETWEILER, III, an adult individual who currently resides at 501 Darla Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 10, 1992, in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. 2 COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 11. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated by reference as though fully set forth hereinafter. 12. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage, in which they individually or jointly have a legal or equitable interest, which marital property is subject to equitable distribution. 13. Plaintiff requests the Court to determine and equitably distribute, divide or assign said marital property, pursuant to Section 3502 of the Divorce Code. COUNT III REQUEST FOR ALIMONY PENDENTE LITE, COUNSEL FEES. COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 14. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated by reference as though fully set forth hereinafter. 15. Plaintiff is without sufficient assets and income to support herself and pay her attorney's fees and the costs and expenses of this action. 16. Defendant has sufficient earning capacity to support the Plaintiff and to pay the Plaintiffs attorney's fees and the costs and expenses of this action. 3 17. Plaintiff requests the Court to order the Defendant to support the Plaintiff during the pendency of this action and to pay Plaintiffs counsel fees, expenses and the costs of this action, pursuant to Section 3702 of the Divorce Code. COUNT IV REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 18. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated by reference as though fully set forth hereinafter. 19. Plaintiff lacks sufficient property to provide for her reasonable needs. 20. Plaintiff is unable to sufficiently support herself through appropriate employment. 21. Defendant has sufficient property, assets, and income to provide continuing support for the Plaintiff. 22. Plaintiff requests the Court to order the Defendant to pay alimony to Plaintiff pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree in Divorce as follows: (a.) dissolving the marriage between the parties; (b.) equitably distributing, dividing or assigning the marital property of the parties; 4 (c.) ordering Defendant to pay alimony pendente lite, counsel fees, expenses and costs of this action to Plaintiff; (d.) ordering Defendant to pay alimony to Plaintiff; and (e.) granting such other further relief as the Court deems appropriate. Respectfully submitted, DATE: Y/411a z??I/*?- CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Plaintiff 5 VERIFICATION I verify that the statements made in the foregoing Complaint In Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: i???'lla c?Y, a- , JOY . DETWEILER, Plaintiff Fill ED-OFFICE OF T{ dE Fr?? T. ,,oN0TAR, )' 2010'SEP 20 P l l ` Lt rU M E COUNT" Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Plaintiff JOYCE A. DETWEILER, Plaintiff V. JOHN I. DETWEILER, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2332 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 7, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree In 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. §4904 relating to unsworn falsification to authorities. DATE: G . Z JOY A. DETWEILER, Plaintiff -2- P_ y. }D-FICE. 7 i -I E ^t9i"tD ?I , ND COUNT 1° Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Plaintiff JOYCE A. DETWEILER, Plaintiff V. JOHN I. DETWEILER, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-2332 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In Divorce without notice. 2. 1 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. 3. 1 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 Waiver of Notice are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: lO a. JOY E A. DETWEILER, Plaintiff -2- FILED-OFFICE 0'. T.IE ROTHONOTAiF `,` 7010 SEP 20 P111: 24 `U- MBE Lt,,ND COUNT" ?;r c, E/ 11 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Plaintiff JOYCE A. DETWEILER, Plaintiff V. JOHN I. DETWEILER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2332 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 7, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree In 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. §4904 relating to unsworn falsification to authorities. DATE: I? 3)a" AT? JO I. DETWEILER, III, Defendant -2- I D-O FICE 2 19 5'E1' 2 0 PH 1: 21- ?` iC LMI-ID COUNT'( ?PNIN!S f L`rANIA Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Plaintiff JOYCE A. DETWEILER, Plaintiff V. JOHN I. DETWEILER, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2332 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) AND §3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In Divorce without notice. 2. 1 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. 3. 1 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. verify that the statements made in this Waiver of Notice are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: JO I. DETWEILER, 111, Defendant -2- ~~l~lrl~'1~1= FICA Ul= Tle~ Pr~OTl~0~1flTARY 2010 OCT 19 AID 10~ 33 CUI~i3ERLAPdq COUNTY PEt~l~5YLYANIA Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 cpbrunt~cpbruntlaw.com Attorney for Plaintiff JOYCE A. DETWEILER, Plaintiff v. JOHN I. DETWEILER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-2332 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW ECONOMIC CLAIMS To David D. Buell, Prothonotary: Please mark as withdrawn and discontinued the Plaintiffs claims for equitable distribution, alimony and alimony pendente lite, counsel fees, costs and expenses, as set forth in Counts II, III, and IV of Plaintiffs Complaint filed herein on April 7, 2010. Respectfully submitted, DATE: ~~J/,~/~a / CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Plaintiff ~ , F1LED-OFFICE flF TAE f'~OTHONOTARY 21110 OCR 19 dl~ l0~ 33 CU~~9BERi_A~~Q COU~~~'Y PEP~NSYl.VA~IA Constance P. Brunt, Esquire Supreme Court 1D #28933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 cpbrunt~cpbruntlaw.com Attorney for Plaintiff JOYCE A. DETWEILER, Plaintiff v. JOHN I. DETWEILER, III, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-2332 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: By Certificate of Service filed April 20, 2010. ~, 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 Plaintiff September 16, 2010; by Defendant September 16, 2010. b. (1) Date of execution of the Affidavit required by 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiff s Affidavit upon the Respondent: N/A 4. Related claims pending: None. 5. Complete either (a) or (b). a. Date and manner of service of the Notice Of Intention To File Praecipe To Transmit Record, a copy of which is attached: N/A b. Date Plaintiffs Waiver Of Notice in 3301 (c) Divorce Code was filed with the Prothonotary: September 20, 2010. Date Defendant's Waiver Of Notice in 3301 (c) Divorce Code was filed with the Prothonotary: September 20, 2010. Respectfully submitted, DATE: Cv~1 Sl t~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Plaintiff FIt.ED-QFFICF QF Ti~E f';QTHO~dOTARY 201 OCT 19 A i0~ ~4 CUMi3ERLAP~D COUi~TY PEErNSYLVAP~IA Constance P. Brunt, Esquire Supreme Court ID fk29933 Beaufort Professional Center 1820 linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 c pbrunl~C PBruntLaw.com Aftorney for Plaintiff JOYCE A. DETWEILER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . CIVIL ACTION -LAW v. . NO. 10-2332 CIVIL TERM JOHN I. DETWEILER, III, . Defendant IN DIVORCE MOTION FOR ENTRY OF STIPULATED DOMESTIC RELATIONS ORDER AND NOW comes the Plaintiff, JOYCE A. DETWEILER, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and moves this Honorable Court as follows: 1. The parties to this action will be divorced by Decree of this Honorable Court entered on or about the date of filing of this Motion. 2. On September 16, 2010, the parties executed a Marital Settlement Agreement, pursuant to which they resolved all of their various economic claims against one another arising from their marriage, including, without limitation, equitable distribution of marital property. 3. In the aforesaid Agreement, the parties agreed to the equitable distribution of Defendant's pension through the State Employees' Retirement System, which resulted from his employment with the Commonwealth of Pennsylvania, and agreed to cooperate in the entry of a Domestic Relations Order directing the distribution of the said retirement plan. 4. Attached hereto is a proposed Domestic Relations Order applicable to the Defendant's said pension, which has been signed and consented to by both parties and their counsel. 5. The said proposed Domestic Relations Order has also been submitted to the State Employees' Retirement System for preliminary approval of its language. 6. Counsel for Defendant has concurred in this Motion. 7. There has been no prior judicial assignment in this matter, and no prior -2- Orders of Court have been entered by any of the Honorable Judges of the Court. WHEREFORE, Plaintiff respectfully moves this Honorable Court to enter an Order in the proposed form attached hereto making distribution of the Defendant's State Employees' Retirement System pension as set forth therein. Respectfully submitted, CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 1 71 1 0-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Plaintiff -3- JOYCE A. DETWEILER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN I. DETWEILER, III, NO. 10-2332 CIVIL TERM DIVORCE DECREE AND NOW, ~C~D'.%'~//' 027 ~d ld , it is ordered and decreed that JOYCE A. DETWILER. Plaintiff, and JOHN I. DETWEILER. III, ,Defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The Court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court: Attest: J . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Joyce A. Detweiler Plaintiff CIVIL ACTION -LAW VS. NO. 10-2332 CIVIL TERM John I. Detweiler. III IN DIVORCE Defendant STIPULATION~FOR THE E~NjTRY OFD"DOMESTIC RELATIONS ORDER" AND NOW, this ~/ day of (~'~~ ~/ , .~~d, the parties, Joyce A. Detweiler, Plaintiff, and John I. Detweiler, III, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, John I. Detweiler, III (hereinafter referred to as "Member"), is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statue, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth and Social Security number are contained in the attached Addendum. 4. The Plaintiff, Joyce A. Detweiler (hereinafter referred to as "Alternate Payee"), is the former spouse of Member. Alternate Payee's date of birth and Social Security number are contained in the attached Addendum. 5. Member's last known mailing address is: 501 Darla Road Mechanicsburg, PA 17055 6. Alternate Payee's current mailing address is: 507 Kevin Court Camp Hill, PA 17011-1263 DRO Page 2 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The Alternate Payee is entitled to a portion of the Member's benefits under the Plan as set forth below. The Plan is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. The Member is currently receiving a monthly annuity for his lifetime pursuant to the terms of a Maximum Single Life Annuity ("MSLA"). Member's retirement options are final, binding, and irrevocable. Should Member return to State service, Member and Alternate Payee understand and acknowledge that payments to both Member and Alternate Payee shall be suspended for the duration of Member's subsequent State service. SERS shall not be required to make payments to Alternate Payee during any period in which Member is engaged in active State service subsequent to the approval of this Stipulation and Agreement. Member and Alternate Payee further understand that upon Member's re-retirement after a period of State service subsequent to his first retirement, SERS will not make retroactive benefit payments to Member, Alternate Payee, or any other person for any period in which Member was engaged in active State service subsequent to his first retirement. 9. The Alternate Payee's share of Member's retirement benefit is $432.00 of the Member's gross MSLA payment, together with 10.83% of any death benefit payable in the event the Member dies before receiving annuity payments totaling his accumulated deductions at retirement. The Alternate Payee shall receive a pro rata share of any scheduled or ad hoc increase that is applied to Member's gross monthly annuity. 10. Payments to the Alternate Payee shall commence as soon as administratively feasible on or about the date SERS approves the Domestic Relations Order incorporating this Stipulation and Agreement. 11. The share of Member's retirement benefit payable to Alternate Payee pursuant to this Stipulation and Agreement shall be deducted from the Member's monthly annuity payments and/or death benefit payment by SERS and paid to the Alternate Payee. DRO Page 3 12. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's share of Member's retirement benefit, which pursuant to Paragraph 9 includes 10.83% of any death benefit payable under the MSLA. 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 SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be named as beneficiary for 10.83% of any death benefit. 13. If the Alternate Payee dies before the Member, the Alternate Payee's share of the member's pension and any death benefit payable shall be paid to her estate. 14. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 15. 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 benefits not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as DRO Page 4 provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 16. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS 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. 17. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 18. 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 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 provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 19. 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 SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order 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. ~'~~-C • ~,~-' Plaintiffs t ate Payee Attorney for Plaintiff/Alternate Payee Co~~ es rv-a -~ ~~ I l ~ t ~Io 1~- BY THE COURT Defendants'Member '~%~rn utit.~i Attorney for Defendant/Member ,- - ,~~, ~,-~ c:, -~, . ~ 4 ~ : ~~ -~ f'r°y ~ . ~' tor > . , ~ CC ....~ ~d Vic, ~-" : ~'*'t Z ~:., .. ~ .__. ~' ~ yC- ~~ - -, t .~. ~+ ~„ ~~ k t 'FILED-OFFICE 13F THE PROTHONOTARY m o Noy 15 PM 2:36 CU PENN YLVAN A COUNTY Constance P. Brunt, Esquire Supreme Court ID 029933 Beaufort Professional Center 1820 Unglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntlaw.com Attorney for Plaintiff JOYCE A. DETWEILER, Plaintiff V. JOHN I. DETWEILER, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2332 CIVIL TERM : IN DIVORCE JOINT MOTION FOR CORRECTION OF DIVORCE DECREE 1. A Decree in Divorce was entered in the above-captioned matter by the Honorable Albert H. Masland on October 27, 2010. 2. Although the caption of the case is correct, the Plaintiffs surname is misspelled in the body of the Decree. 3. The parties by their respective counsel stipulate and agree to the correction of 1 the Decree in Divorce to properly identify the parties. WHEREFORE, the parties, by their respective counsel, respectfully move this Honorable Court for the entry of a corrected Decree in Divorce nunc pro tunc in the form attached hereto. zjh??4 CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Plaintiff - 7? jb. THOMAS D. GOULD, ESQUIRE Supreme Court I.D. No. 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 FAX (717) 761-1974 askalawyerpa17011 @yahoo.com Attorney for Defendant -2- .t()V 1 6 2010 JOYCE A. DETWEILER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN 1. DETWEILER, III, : NO. 10-2332 CIVIL TERM DIVORCE DECREE AND NOW, October 27 2010 , it is ordered and decreed that JOYCE A. DETWEILER Plaintiff, and JOHN 1. DETWEILER. Ill. , Defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The Court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court: Attest: tt ? l9•'? //,/9- AU