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Home My WebLink About88-3576 AS OF 0" JI - :l1J0' CASE# 19~i' - J 5'7" c.ll1;1 +UIM, HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. VONNIE E. FOLTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v. : No. 3576 CIVIL 1988 GARY FOLTZ, Defendant : CIVIL ACTION LAW : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of Vonnie E. Foltz, the Plaintiff in the above captioned matter. Date: g -l - () I, ~ I'\. /"\ h J\l_~ J\ft... C\.J'\. - d (Y\ \~rl 0-1\ Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 .....,j "fl ;_/) T' , ' '-'} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VONNIE I. FOLTZ, Plaintiff, CIVIL ACTION - LAW v. NO. 3576 CIVIL 1988 GARY J. FOLTZ, Defendant. IN DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this ._, 7 jJ day of '7) I~, !.. ~ //(i(-I/! tJI { , 2006, the parties, Vonnie I. Foltz, Plaintiff, and Gary J. Foltz, Defendant, having been divorced by Decree dated April 14, 1989, of the Court of Common Pleas of Cumberland County, Pennsylvania, entered at Docket Number 3576, Civil 1988, do hereby Agree and Stipulate as follows: 1. The Defendant, Gary J. Foltz, (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. gg5101-5956 ("Retirement Code"), as amended. 3. Member's date of birth is October 7, 1947, and his social security number is 180-38- 8627. 4. The Plaintiff, Vonnie I. Foltz, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is August 19, 1949 and her social security number is 168-36-9344. 5. Member's last known mailing address IS: 651 Broad Street, Chambersburg, Pennsylvania 17201. WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 6. Alternate Payee's current mailing address is: United Towers Apartment Building, Apartment #602,200 North Main Street, Chambersburg, Pennsylvania 17201. 7. The Alternate Payee's share of the Member's retirement benefits is twenty-four and fourteen hundredths percent (24.14%) of the benefit to which the Member is entitled to as of his date of retirement, which benefit shall be paid in conjunction with the payment of disbursement of the Member's share of this retirement benefit. This sum may not be reduced for any reason. If this Member selects a retirement option that provides a lump sum distribution, partial withdrawal, monthly sum, or any other form of disbursement, the same percentage distribution shall apply. 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. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date 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 to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS as set forth in Paragraph 7. 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 the equitable distribution portion payable to WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Alternate Payee and the alternate payee under any other SERS-approved Domestic Relations Order ("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 including but not limited to his current nomination of beneficiary form for death benefits. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to routinely determine that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which option(s) Member selects at retirement. Member and Alternate Payee expressly agree that member shall select the following retirement option upon filing an Application for Retirement Allowance with SERS: The member shall select the Maximum Single Life Annuity. Member is not permitted to withdraw a lump sum pursuant to Option 4. In the event the Member dies before the value of his Total Accumulated Deductions is paid out, the Alternate Payee shall receive a death benefit consisting of an amount equal to the value of the Member's Total Accumulated Deductions less the amount of monthly benefits paid to or on WEIGLE & ASSOCIATES, p,c. - ATTORNEYS AT LAW - 126 EAST KINe.; STREET - SHIPPENSBURG, PA 17257-1397 behalf of the Member. The parties agree and acknowledge that if the value of the Total Accumulated Deductions has been paid out at the time of the Member's death, no death benefit shall be payable and all payments to Alternate Payee shall cease. 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 the Alternate Payee before she receives her payments from SERS under this Order, any death benefits or retirement benefits payable to Alternative Payee by SERS will be paid to her estate to the extent of her benefits as set forth in paragraphs seven (7), eight (8), and nine (9). 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement 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.s 1331, et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type 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 adjustments or increases based on other than actuarial values. WEIGLE &; ASSOCIATES. P.C - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 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 maintaining it as a Domestic Relations Order; provided, however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will invalidate the parties' existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remains in effect until further Order of Court. WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. (SEAL) (SEAL) .-:7 //) ,/,'/ ~ / . .' ~/;7" /,.{{>'}/{',/ ~ ,'7:" -i-z'/;[ (SEAL) ~ ~ . l- ~t..J' >,,' " / '- Vonnie 1. Foltz, Plaintiff/Mternate Payee ;ra~;ili\ ~e~:~~(S;:~d~;:E~~i~e (SEAL) Attorney for Plaintiff/Alternate Payee Atty. ID 1:.11 "S ~., WEIGLE &. ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VONNIE I. FOLTZ, Plaintiff, CIVIL ACTION - LAW v. NO. 3576 CIVIL 1988 GARY J. FOLTZ, Defendant. IN DIVORCE AUTHORIZATION FOR THE RELEASE OF ACCOUNT INFORMATION TO ALTERNATE PAYEE I, Gary J. Foltz, authorize the Pennsylvania State Employees' Retirement System ("SERS") to release to Vonnie I. Foltz any and all information that she may request regarding my SERS benefits or retirement account. This authorization is granted under the terms of the Approved Domestic Relations Order entered by the Cumberland County Court of Common Pleas on , at Docket Number which names Vonnie I. Foltz as Alternate Payee. A photocopy or faxed copy of this Authorization shall have the same force and effect as the original. v/ Date: /<1- J/ - O? ./ );;/0# q 'i(;..[~r-- Gary J. olfz, Member Social Security #180-38-8627 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 y \ DEe 2 9 2006~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VONNIE I. FOLTZ, Plaintiff, v. GARY J. FOLTZ, Defendant. AND NOW, this 'Z-'t · day of CIVIL ACTION - LAW NO. 3576 CIVIL 1988 IN DIVORCE ORDER ~ , 2006, the attached Stipulation and Agreement dated ~ %.7, z,4llII&o of the parties in this case is incorporated, but not . merged, into this Order of Court. J. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 VlN\1^lASNN3d A.1.Nn,or; 0u"''''!H'''8~'''\I''\ , '- .,,\,,:':\,,71111.1 Sf] : II WV €- NVr tOOl A8\110NOH1OOd 3Hl .dO DI:HQ-<J31l::J