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Home My WebLink About10-2878F1LEt ,?f? ? ?T?,ay ?'? TP,- r, ,, r 2010 APR 29 A14 11::30 McNEES WALLACE & NURICK LLC By: Debra D. Cantor 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor mwn.com Attorneys for Plaintiff VALERIE D. ZUCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. / - ??r8 1 u? L TERRY J. ZUCH, CIVIL ACTION - LAW Defendant 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 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, PA. 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. 035.2 . 6) 6 ;?cL)i41/ L'K.aff 19611.t( ?2?av/asy 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 McNEES WALLACE & NURICK LLC By fle-tra-D. Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor(aD-mwn.com Attorneys for Plaintiff, Valerie D. Zuch Dated: April 2 $ 2010 McNEES WALLACE & NURICK LLC By: Debra D. Cantor 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor a-mwn.com Attorneys for Plaintiff VALERIE D. ZUCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. TERRY J. ZUCH, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Valerie D. Zuch, by and through her counsel, McNees Wallace & Nurick LLC, and files the following Complaint in Divorce. COUNTI Divorce Under 3301(c) or 3301(d) of the Divorce Code 1. Plaintiff is Valerie D. Zuch, who currently resides at 5275 Terrace Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Terry J. Zuch, who currently resides at 6212 Galleon Drive Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 18, 1978 in Camp Hill, Pennsylvania. 5. Plaintiff and Defendant are the parents of four children, none of whom is a minor. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 9. After 90 days have elapsed from the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 10. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two years from the date of separation. WHEREFORE, Plaintiff, Valerie D. Zuch, respectfully requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. McNEES WALLACE & NURICK LLC By Dei?ra?antor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (phone) (717) 260-1667 (fax) dcanto ra-mwn.com Attorneys for Plaintiff, Valerie D. Zuch Dated: April 2S, 2010 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. -t) J-4-? Q Valerie D. Zuch c Dated: 19,09A ' , 2010 VALERIE D. ZUCH, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-2878 CIVIL TERM TERRY J. ZUCH, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 29, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 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. Section 4904 relating to unsworn falsification to authorities. G.~-~ ~ _ Valerie D. Zuch Date: ~~ • p~j , 2010 ~ ~ ~~ a~ o ~ -, f ~~~ ~ ~m °- v ~ d s ~ ¢° ~ -~ ~ c~ ~ ~ ~? :.:.> ~ w c'~', _~ (:..~ „may +y4 VALERIE D. ZUCH, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-2878 CIVIL TERM TERRY J. ZUCH, :CIVIL ACTION -LAW Defendant IN DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 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 true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~~~ ~~ Valerie U. Zuch Date: ~ ~ • 0~~7 , 2010 :-~ ~ ~~.,~ ° ~' "Cr ~~ ~ ~ ~ ~ ~~... --r -~ r ~~ N t-- "J ~ ~ ~ ~Q ~ ~ Qq ,~. ~ ~ . ~ ,~ "'~ --~~ s-- ~ T't4 lit?dflf,=?fi3 ?ScM.A6?40 .,uUoIz t Ht"I'6 M,40111 M McNEES WALLACE & NURICK LLC BY: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile dcantor@mwn.com VALERIE D. ZUCH, Plaintiff V. TERRY J. ZUCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2878 CIVIL TERM CIVIL ACTION -LAW 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. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: certified mail return receipt requested upon Defendant, mailed on April 30, 2010. An Affidavit of Service is filed contemporaneously with this Praecipe. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: October 25, 2010 and was filed with the Prothonotary on October 27, 2010; by Defendant: November 3, 2010. Defendant's Affidavits is being filed contemporaneously with this Praecipe. 4. Related claims pending: N/A 6. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: October 27, 2010. Date Defendant's Waiver of Notice was filed with the Prothonotary: contemporaneously with this Praecipe. MCNEES WALLACE & NURICK LLC By De . Can I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Valerie D. Zuch Date: November 9, 2010 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Transmit was served by first-class mail upon the following: Terry J. Zuch 6212 Galleon Drive Mechanicsburg, PA 17050 Atto s r intiff Dated: November 9, 2010 1 FIe ED-OF FIrCE 7910 NOV 10 AM 11: 15 VALERIE D. ZUCH, V. TERRY J. ZUCH, "11'1EtERLAND OOIJNTY FED'" OYL%7'''kI=1 % IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2878 CIVIL TERM CIVIL ACTION -LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, DEBRA D. CANTOR, counsel for Plaintiff, Valerie D. Zuch, in the above-captioned matter, acknowledge that I mailed a copy of the Complaint in Divorce, which was filed with the Court on April 29, 2010, by certified mail return receipt requested on behalf of Plaintiff. A copy of the returned green card is attached hereto as Exhibit A. Dated: 2010 ra getan squire Attorne r aintiff ?? ? a;?r 7 o ? ` r I Q I `o ` V L c a ! > 1 T n T .C L I w ' N ` U e m w ?? ru n u7 ru 4 O b ? I W 0 Q 0 ? C- z $ o m E O P a U O v ?, Z c ? ¢ < ^ ? t A V ?r + C.. \O rC fV s C ' E t 8 3 ch tL 71160 3901 9848 5253 7253 TO: Terry J. Zuch 6212 Galleon Drive Mechanicsburg, PA 17050 SENDER: Debra D. Cantor, Esquire REFERENCE: Zuch v. Zuch RETURN Postage RECEIPT CertNled Fee SERVICE Return Receipt Fee Q Restricted Delivery G{ Total Postage & Fees US Postal Service 11 -11 N? PC)t31rtAARKi5R4T ; Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail ............................................... ------------------------------------ 0 _ Fi?,ED-DFSFICryiv ? € i sr PROTE"ft??..lUTAR"t# +.If $ ILA. "@ COUN 1 VALERIE D. ZUCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-2878 CIVIL TERM TERRY J. ZUCH, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT i 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 29, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. Section 4904 relating to unsworn falsification to authorities. Date: 2010 Terry FILEG'O =1* ICE M TNTC liC?l?C3?:'` 1-310 NOV 10 AM 11: 1 J fl'`lrERL v'q r'sT VALERIE D. ZUCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-2878 CIVIL TERM TERRY J. ZUCH, CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301 W OF THE DIVORCE CODE 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: X1(3 ,2010 s Terry J, ch VALERIE D. ZUCH V. TERRY J. ZUCH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2878 DIVORCE DECREE AND NOW, NOY%tft tr I6 IW , it is ordered and decreed that VALERIE D. ZUCH , plaintiff, and TERRY J. ZUCH , 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, ?-L L14 -- Attest: J. 4T-Mol ????? Prothonotary ? ? 1 to 1 w?aw t 4 luft2?1 d,V-i I f i COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA Valerie D Zuch Plaintiff CIVIL TERM - IN DIVORCE VS. Terry J. Zuch NO Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this day of 064S. At,; , 1.40 , the parties, Valerie D. Zuch, Plaintiff, and Terry J. Zuch, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Terry J. Zuch (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 statute, 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, Valerie D. Zuch (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: 6212 Galleon Drive Mechanicsburg, PA 17050 6. Alternate Payee's current mailing address is: 5275 Terrace Road Mechanicsburg, PA 17050 DRO Page 2 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. (a) The marital property component of Member's retirement benefit equals the Member's retirement benefit on the effective date of Member's retirement. (b) 60.00% of the marital property component of Member's retirement benefit is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7, after the application of the appropriate early retirement actuarial reduction factor, if any, 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 SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary with respect to Member's entire retirement benefit for any death benefits payable by SERS. 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. DRO Page 3 (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 properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after Member files a retirement application with SERS shall be in accordance with Paragraphs 10(a), 10(b) and 10(c) as follows: (a) Member shall elect to receive, by lump sum, 100% of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee shall be determined by multiplying (1) by (2) where (1) and (2) are as follows: (1) The accumulated deductions as of the Member's effective date of retirement, plus any installment interest credited until the date of distribution. (2) 60.00%. If the Alternate Payee is not living at the time of Member's retirement, her estate shall not receive any of this lump sum payment. (b) (i) If the Alternate Payee is living at the time of Member's retirement, Member shall elect Option 2, a joint and survivor annuity as set forth in 71 PA.C.S. 5705(a)(4), or any DRO Page 4 succeeding statue, with respect to his residual monthly annuity. The Alternate Payee shall be the irrevocable survivor annuitant with respect to the entire monthly retirement benefit. The Alternate Payee shall receive 60.0% of Member's monthly retirement benefit as long as she and Member are both alive. If the Alternate Payee predeceases the Member after retirement, the portion of his annuity payable to the Alternate Payee shall revert to the Member. If Member predeceases the Alternate Payee after retirement, then the Alternate Payee shall receive the entire survivor annuity under Option 2. (b) (ii) If the Alternate Payee is not living at the time of Member's retirement, Member may elect any payment option with respect to his entire retirement benefit. The Alternate Payee's estate shall not receive any portion of the Member's retirement benefit. 11. 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. 12. In the event of the death of Alternate Payee, prior to the receipt of all of her payments payable to her from SERS under this Order, then any death benefit or retirement benefit payable to the Alternate Payee by SERS shall revert to the Member. 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 SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as 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. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. §1311, et seq. 14. 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; DRO Page 5 (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. 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 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. 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 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. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. `-fj ctj, Q? ylt 3 L0 Plaintiff/Alternate Payee Date At rney or laintiff/ Date Alternate Payee Q,?ed !l/Jlol/U ')A-;es w BY THE COURT ?k -? (N k efen mbe Date Attorney for Defendant! Date Member r r, C'"+ R? ^.ti ' 0 _._, -:j 3 °"Y i 1 -V 4 ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to State Emp ovees' Retirement System Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to State Employees' Retirement system when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Member Information Name: Terry J. Zuch Address: 6212 Galleon Drive Mechanicsburg, PA 17050 SSN: 194-44-8039 Date of Birth: February 7, 1953 Member Attorney's Information Name: N/A -Pro Se Address: Phone Number: Alternate Payee Information Name: Valerie D. Zuch Address: 5275 Terrace Road Mechanicsburg, PA 17050 SSN: 202-54-2704 Date of Birth: November 30, 1959 Alternate Payee Attorney's Information Name: Debra Denison Cantor, Esq. Address: McNees Wallace & Nurick LLC 100 Pine St., P.O. Box 1166 Harrisburg, PA 17108-1166 Phone Number: (717) 237-5297 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: State Employees' Retirement System Legal Office 30 North Third Street, Suite 150 Harrisburg, PA 17101-1716