Loading...
HomeMy WebLinkAbout94-00965 =F ~ *__w~~*~~_~*_~__~_*_)~.~:~:~..~_~~:~~ "I~-.--.' -'- . . ,.-. .;, v ~ ~l ~ .. ., W IN THE COURT OF COMMON PLEAS ~ ~~ ; { ',' ~ OF CUMBERLAND COUNTY ~ STATE OF . PENNA, s ~ ',' ~' ,'. ~ ,', ~ ~ ',' MARGARET H. SMITH, Plaintiff 'I 965 CIVIL 1<)94 No, ~ ,', ~ Vt'I"....lIS ~ IRA F. SMITH, ~ Defendant ~ ',' " w ., i ',' DECREE IN DIVORCE ~ ',' SJ ~ " ,'. :, ANI) NOW. "','," ,lt~~.,ft:., ""~?, ~~" 19 ,~'!.," it is ordered and dAcrAAd thot ","'" ,~~,~~~~~: ,~:, ,s,~~~~.'"""""", ""'" plaintiff, and ' , , , , , , , , , , , ~,~~ , ~.., ,~~~,~~ ~ , , , , , , , , , , , , , , , , , , , , , , , , , , , , " defendant. ore divorcAd from the bonds of matrimony, ~ Q ~.' W <;, s ~ The court retains iurisdiction of the following claims which have been raised of record in this action for which a final order has not yet bAAn entered; s ~ <;. s a ',' .........,.. .... .... .......... ........ ................ .... .... ........ ..... ,', ~ M " ......... .... ...... ...... ...... ..............., ... ... ... C,ou;;/L ~w~~ c ~Jd6,. ~~J/' ~ .' c@1Y~/.i ~~ Prolhol1olnry (/ /-er{J ~ ~ ~ <;, ~ " ~ " ~ ~ ~ ~ :;..:. .~:- .:.:. .:.:. _.".co.; Q ... ~ ., a ~.' ~ ,;> a ',' a ,~ a ',' s ,', ~ ,.; ~ M ~~ ,', ~ ~ ,', ~ 8 s w ~, a ',' s ~ ',' a ',' $ a ',' ~ /~ ~ ::: i~ I~ l~ t":' :~ , ' ;~ 1,', ~ 'e ~ ~.~..~.~.~~~-*~~*******~.~.**~. ;* I I , I ! I 'JIfJ:ta ~tlY/.; Id~ ,7/ Theresa Barrett Male Supreme Court 146439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff MARGARET H. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 965 Civil 1994 v. IRA F. SMITH, Defendant CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD 1. Ground for divorce: irretrievable breakdown under section 3301(c) of the Divorce Code. 2. 1994 by delivery Date and manner of service of the Complaint: March 11, certified mail, return receipt requested, restricted per the verification of service by mail filed of record. (Complete either paragraph (a) or (b).) 3. (a) Date of execution of the affidavit of consent required by section 3301(c) of the Divorce Code: by Plaintiff: June 8, 1994; by Defendant: June 29, 1994. (b) (1) Date of execution of Plaintiff's Affidavit required by section 3301(d) of the Divorce Code: N/A (2) Date of service of Plaintiff's Affidavit upon Defendant: N/A 4. Related claims pending: No claims were raised of record. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: N/A fi:~~Ll~)jt~ Attorney For Plaintiff -= en ~ - c= ~ o ~,.. .:;~ ~~=:;~ . r r,~"" " ~ . j -:i,'>.', -=- -= ... .... = .~i .- ~ " ;;:. l::;U L'-' ,-~..." Theresa Barrett Male Supreme Court #46439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff MARGARET H. SMITH, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . NO. 9~5 civil 1994 v. IRA F. SMITH, Defendant . . CIVIL ACTION - DIVORCE NOTICB TO DBFBND 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, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER I 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. Court Administrator Cumberland County Courthouse - 4th Floor '1 Courthouse Square CarliSle, PA 17013-3387 (717) 240-6200 Theresa Barrett Hale Supreme Court #46439 10 South Harket Square suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff MARGARET H. SMITH, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . : v. . . NO. civil 1994 . . IRA F. SMITH, Defendant . . . . CIVIL ACTION - DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Margaret H. Smith, who currently resides at 410 Allegheny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Ira F. Smith, who currently resides at 410 Allegheny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The parties were married on August 28, 1976. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHBRBFORB, Plaintiff requests the court to enter a Decree in Divorce. a::~-<-~~JJI~ Theresa Barrett Male, Esquire Supreme Court #46439 10 South Market Sq., suite 500 Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorney For Plaintiff Date: 2/25/94 i' . .:' ~~-".-'~--" r,.,f,',';:Y ~~, VERIFICATION I, Margaret H. smith, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsifica- tion to authorities. ~~-f/.~ Margar H. smith Date: .<'/-<.5/11- =- ~ ~ '"6\?) 4" .'- ;:'1-' , - '."- ~~ "", ~I. -;r l .;:~ '- ' ~ ('.... "" ~ <t. .... 1..0.- - ~ . 8 tl' .-< III r- I:: ~+I .-< [jj Gl o<C a:!c~ Pot ~ 15'" . CD -'x tJ'l < !.c g ~ en ~U'l.c w " .. a: ",0 Q) ,,. W +I" :I: ,,.,, ... 0::11'0 .-<1Il:I: t '"' ....,~ tWJ)f~~" Theresa Barrett Male Supreme Court 146439 10 South Market Square suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 965 civil 1994 MARGARET H. SMITH, Plaintiff . . . . IRA F. SMITH, Defendant . . CIVIL ACTION - DIVORCE VERIPICATION OP SERVICE BY MAIL I verify that, on March 1, 1994, I mailed a certified copy of the complaint In Divorce filed in the above-referenced action by certified mail, restricted delivery, return receipt requested to Defendant Ira F. Smith at 410 Allegheny Drive, Mechanicsburg, PA 17055. Defendant acknowledged receipt on March 11, 1994, as evidenced by the return receipt card attached as Exhibit "A". I further verify that the above statements are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. /T /' l,k/u.uv' /..::?vV1-l;~r~~ Theresa Barrett Male, Esquire supreme Court #46439 10 South Market sq. - suite 500 Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorney for Plaintiff Date: March 14, 1994 , , ,:t; _ DOMES~I~ RETU~~'~~E.'W;fI BXHIBIT "A" 1"'-;-'''' " ":>- ~ -.- l' Q lJ1 :"::::t .. o.J~ '- I. ..J 4! ~': :l' '_"l -, :~. :I '... ct: '. :f"'= , , r-c'~-'" . Theresa Barrett Hale Supreme Court #46439 10 South Harket Square Suite SOD Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff MARGARET H. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 965 Civil 1994 v. IRA F. SMITH, Defendant CIVIL ACTION - DIVORCE AFPIDAVIT OP CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on February 28, 1994/; 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 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. S 4904 relating to unsworn falsification to authorities. Date: -!tJ>oo.. .J 8, Iljtj.f. ~rJ,k Marg et H. Smith -:r en - = --= a> .-t ...., :z: ~. -, ~t: "'- t-:~ .... w5~;~.,:;; ~;.zc <,.: ~..~ l~~t"'l~'-"; ~I ::.;, ';;;'/1 I, ..J._ '.,~""; II,~' i7: ':7C;.. ::.0 ~<.' CJ (1 . ,.t:;~ .......... - ~ . . Theresa Barrett Male Supreme Court #46439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff MARGARET H. SMITH, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 965 Civil 1994 . . IRA F. SMITH, Defendant . . CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on February 28, 1994/; 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 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. S 4904 relating to unsworn falsification to authorities. Date: /, /21/'11( al!~~ Ira F. sm.tdl " ~.; ,I -::r en ;:!= '....- ~~ ~ ... " ex) "" N :.::~c ~x r-- .... = -. <-, '" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MARGARET H. SMITH, Plaintiff . . v. NO. 965 civil 1994 IRA F. SMITH, Defendant CIVIL ACTION - DIVORCE APPROVED DOMESTIC RELATIONS ORDER AND NOW, l>larch z......, 1995, it appearing to the Court that: 1. The parties formerly were husband and wife, and were divorced from the bonds of matrimony by this court's decree dated December 23, 1994. A true and correct copy of the certified decree is attached as Exhibit "A". 2. Pr ior to entry of the divorce decree, the parties entered into a Memorandum of Understanding, pursuant to which they stipulated to the entry of an approved domestic relations order distributing husband's State Employes' Retirement System pension benefits. A true and correct copy of the StipUlation for Entry of "Domestic Relations Order" is attached as Exhibit "B" and is incorporated herein by reference. 3. Defendant Ira F. Smith (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employes' Retirement System (hereinafter 'referred to as "SERS"). ,._. .~,~,..,.~,. '0"> "~'l~'"'-"-""; HAR Z 2 31 PH '95 l'd" GHICt Of '"f. ".nHO~:a~' r,U'jPt'f"PlO ~(IJ'ITY f'f.ti~;-I :._i"f,,!. I.' _.t....&~t\t'~:j\ JIIIIiIII ttlr"," Member's date of birth is December 22, 1941. His Social Security number is 189-32-7509. 4. SERS, as a creature of statute, is controlled by the State Employes' Retirement Code, 71 Pa. C.S. S S 5101-5956 ("Retirement Code"). 5. Plaintiff Margaret H. smith (hereinafter referred to as "Alternate Payee") is the fomer spouse of Member. Alternate Payee's date of birth is August 29, 1949. Her Social Security number is 108-38-9411. 6. Member's current and last-known address is: 410 Alle- gheny Drive, Mechanicsburg, PA 17055. 7. Alternate Payee's current and last-known address is: 482 Brighton Place, Mechanicsburg, PA 17055. It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. IT IS ORDBRBD, ADJUDGBD AND DBCRBBD AS POLLOWS: 1. The Alternate Payee's share (also known as the equitable distribution portion) of Member's retirement benefit is as follows: 2 ~,;,:.!.:-:;~, Age (last birthday) of Member Lump Sum Amount pavable to Alternate Pavee Before Age 60 $68,000 discounted with interest at the rate of 4% per annum compounded annually $68,000 $71,000 $74,000 $77,000 $80,000 $83,000 $83,000 accumulated with interest at the rate of 4% per annum compounded annually Alternate Payee's lump sum amount is to be based upon the Member's age as of his last birthday plus completed months since his last birthday. For example, if on the date of Member's death before his retirement benefits commenced or on the date his retirement benefits commence, Member was age 60 on his last birthday and if at least six but less than seven months lapsed since his 60th birthday, the lump sum payable to the Alternate Payee would be $69,500 ($68,000 + 7/12 [$71,000-$68,000]). 60 61 62 63 64 65 After Age 65 2. Member's retirement benefit is defined as all monies paid to or on behalf of Member of SERS, including any lump sum withdraw- als or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS or 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, shall be payable to alternate Payee and 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 these terms, whichever is later. 3 3. Member shall nominate Alternate Payee as a beneficiary to the extent of Alternate payee's equitable distribution portion in Member's retirement benefit for any death benefits payable by SERS. 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 information concerning Member's retirement account including but not limited to Member's current Nomination of Beneficiaries form for death benefits. 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. 4. The term and accounts of Member's retirement benef its payable to the Alternate payee after SERS approves a Domestic Relations Order is dependent upon which option(s) is (are) selected by Member upon retirement. Member and Alternate Payee expressly agree that, at the time that the Member files a retirement application with SERS, the Member: a) Shall elect to receive all of his accumulated deductions, and b) May elect any option offered by the SERS based upon the balance of his retirement benefits (the Member's retirement benefits less the refund of all his accumu- lated deductions under paragraph 4a). 5. 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. 6. If the Member becomes disabled and receives a disability retirement benefits from SERS, the Alternate Payee's share of the Member's disability retirement benefits shall be paid to the Alternate Payee during the Member's lifetime, by deduction $500.00 4 from the early retirement portion of the Member's monthly disabili- ty retirement benefit and paying this amount to the Alternate Payee until and only until the Alternate Payee's share as defined in Paragraph Seven has been fully paid. 7. If the Alternate Payee dies prior to receipt of all of her payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in Paragraph Seven. 8. 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 no 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. 9. It is specifically interested that this Order does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code. 10. This Court shall retain jurisdiction to amend this Domestic Relations Order, but only for 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. 5 ~:,y, 11. Upon entry, a certified copy of the Domestic Relations Order andy 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. BY THE COURT: J. 6 ~"-'~'~-~~~-~~'~~~~~~~~~~~)'~~~~~~'.~~~~ ~ -- . ~ 8 ~ ~ ~ ~ ~ ~ ~ t ~ $. ~ ~ ~ 8 " ~:._, ~ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY tt- STATE OF . PENNA, MARGARET H. SMITH, plaintiff VCI',<US IRA F. SMITH, Defendant ,; $ .:., ~ ~ ,~ 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 ~ $ ~ , ~ 8 ~ ~ ~ ~ ,---___" ,- ______. __., _ ,_, _~I;:, ,.-:. .. .>>:. .>>:. .:.:. .>>:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. . ..". II I 'I 965 CIVIL (94 NIl,..............,........, ,......,........,1:> !I II II DECREE IN DIVORCE AND NOW. .. ~~, ?~!, ......... .., " 19 ..9~. ... it is ordered and Margaret H. Smith, I ' . decreed that """"""""",."""""",.",."""",,'. p amtlff, Ira F. Smith, and, ""."""", ,.""""" """""., ""','," """'" defendant, are divorced from the bonds of matrimony. The court retains iurisdiction of the following claims which have been roised of record in this action for which a final order has not yet been entered; .... ............ .... ......................................, ... ... .... ............ ...... ......................... Dy Th.. Court: /5/ Kevin A. Hess p. ... '" . AlIesl: Lclwrence E. Welker. Prothonotcu:y : ',~~;:'~ Deputy Prnlhonolnry .', * ~ " !iJ .~ ~ $. ~ 8 ~ ~ ~ ~ ~ ~ f,. ~ ~ '~ ~ $ ~ ',' ~ .'. ~ ~ ~.~ ~ ~.' 8 ~ ~, ~ .', * $ ~ ',' ~ ',' $ $ J, ~ ~ " ~ * _rn3ER 2), 1994 ,~ .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:+:. .:.:. .:.:.' - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mnrvnrot H. Smith Plaintiff FAMILY DIVISION NO, 965 Civil 1994 vs, Ira F. Smith Defendant IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this day of , 19_, the parties, Margaret H, Smith, Plaintiff, and Ira F, Smith, Defendant, do hereby Agree and Stipulate as follows: 1, The Defendant, Ira F, Smith (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employes' Retirement System (hereinafter referred to as "SERS"), 2, SERS, as a creature of statute, is controlled by the State Employes' Retirement Code, 71 Pa, C,S, ~~5101-5956 ("Retirement Code"O, 3, Member's date of birth is December 22, 1941, and his Social Security number is 189-32-7509, 4, The Plaintiff, Margaret H, Smith (hereinafter referred to as "Alternate Payee") is the former spouse of Member, Alternate Payee's date of birth is August 29, 1949, and her Social Security number is 108-38-9411, 5, Member's last known mailing address in: 410 Allegheny Drive Mechanicsburg, PA 17055 6, Alternate Payee's current mailing address is: III 482 Brighton Place Mechanicsburg. PA 17055 It is the responsibility of Alternate Pnyee to keep n current mlliling address on file with SEHS lit 1111 times, "'....,..;~ "I.I..?"., ,... 7, The Alternate Payee's share (also known as the equitable distribution portion) of the Member's retirement benefit is as follows: Age (\ast birthday) of Member Lump Sum Amount Pavable to Alternate Payee 00 61 62 63 64 65 After Age 65 $68,000 discounted with interest at the rate of 4% per annum compounded annually $68,000 $71,000 $74,000 $77,000 $80.000 $83,000 $83,000 accumulated with interest at the rate of 4% per annum compounded annually Before Age 60 Alternate Payee's lump sum amount is to be based upon the Member's age as of his last birthday plus completed months since his last birthday, For example, if on the date of Member's death before his retirement benefits commenced or on the date his retirement benefits commence, Member was age 60 on his last birthday and if at least six but less than seven months lapsed since his 60th birthday, the lump sum payable to the Alternate Payee would be $69,500 ($68,000 + 6/12 [$71,000 - $68,000)), 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 or 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, shall be payable to Alternate Payee and 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 shall nominate Alternate Payee as a beneficiary to the extent of Alternate Payee's equitable distribution portion in Member's retirement benefit for any death benefits payable by SERS, 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 information concerning Member's retirement account including but not limited to Member's current Nomination of Beneficiaries form for death benefits, Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has Imen and continues to be JlroJlerly nominated under this pllra~rnph, 10, The term and accounts of Member's retirement benefits payable to the Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which option(s) is (are) selected by Member upon retirement, Member and Alternate Payee expressly agree that. at the time that the Member liles a retirement application with SERS, the Member: a. Shall elect to receive all of his accumulated deductions, and b, May elect any option offered by the SERS based upon the balance of his retirement benefits (the Member's retirement benefit less the refund of all his accumulated deductions under Paragraph lOa), The Alternate Payee shall be paid her equitable distribution portion in accordance with Paragraph Seven out of the accumulated deductions under Paragraph lOa. 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, The Member and Alternate Payee agree that if the Member becomes disabled and receives a disability retirement benefit from SERS, the Alternate Payee's share of the Member's disability retirement benefits shall be paid to the Alternate Payee during the Member's lifetime, by deducting $500,00 from the earlv retirement Dortion of the Member's monthly disability retirement benefit and paying this amount to the Alternate Payee until and only until the Alternate Payee's share as defined in Paragraph Seven has been fully paid, 13, In the event of the death of Alternate Payee prior to receipt of all of her payments payable te her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate te the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in Paragraph Seven, 14, 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, 15, It is specifically intended and agreed by the parties hereto that this Order docs not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code, 16, The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order, 17, 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 SERB, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order, 18, 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 SERB immediately, The Domestic Relations order shall take effect immediately upon SERB approval and SERB 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 CONSENTED TO: '4 d;/-:'J MAn :'j ~ ...f" t~ -1 j ~ ~ ;J~ ~ Jl '" "" ..:. .... .r, ~ ' 8 ll' .... III ... ~ ~.. .... :5 Gl ..: to'>: ^ II:.... - ~g:1! c. m!,co.. c:C tlO::J en _tn,D ll! g Gl~ W rn +J ~ :J: 0.::" I- riUJ~