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HomeMy WebLinkAbout02-4843SANDRA K. RODKEY PLAINTIFF Vs. BARRY L. RODKEY DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued m 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 breakdoxvn of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House One Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 SANDRA K. RODKEY PLAINTIFF Vs. BARRY L. RODKEY DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : No. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE COUNT I AND NOW, comes the Plaintiff, by Attorney JAMES M. BACH, and avers as follows: Plaintiff is SANDRA K. RODKEY, who currently resides at 1405 Lambs Gap Road, Mechanicsburg, PA 17050. Defendant is BARRY L. RODKEY, who currently resides at 1405 Lambs Gap Road, Mechanicsburg, PA 17050. 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 Plaintiff and Defendant were married on December 11, 1970. 5. There have been no prior actions of divorce or annulment between the parties. Plaintiff has been advised of the availability of counseling and also the Plaintiff may have the right to request that the Court require the parties to participate in counseling, and after being so advised, Plaintiff does not desire counseling. The Plaintiff avers as the grounds upon which this action is based are that: (a) The Defendant has offered such indignities to the person of her, the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome; and; (b) The marriage between the parties hereto is irretrievably broken. WHEREFORE: Plaintiff requests the Court to Enter a Decree in Divorce. Respectfully submitted, DATE ~_ ~ .~;v ~ By ;ES M. ey At Law ey I.D.# 18~27 352 S. Sporting Hill Rd. Mechanicsburg, PA 17050 (717) 737-2033 .VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to penalties of 18 PA. C.S. §4904, relating to unswom falsification to authorities. DATE: -/ - SANDRA K. RODKEY (PLAINTIFF) SANDRA K. RODKEY PLAINTIFF V BARRY L. RODKEY DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 02.4843 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW on this ~P;~A~ day of ~ , 2003, it is hereby ordered and directed as follows: The parties have agreed that a certain pension of Barry L. Rodkey, together with any and all future increases shall be distributed 50 percent to husband and 50 percent to wife. 2. The vested pension is with Motorola and has not yet gone into pay status. o Upon commencement of the payment benefits, Motorola shall distribute the benefit and future increases, if any, to Barry L. Rodkey, their employee, 50 percent and Sandy K. Rodkey, his wife, 50 percent. This court hereby incorporates by reference a Motorola model Qualified Domestic Relations Order. The modeled Qualified Domestic Relations Order is attached hereto and becomes a part of this court Order. DATE: BY THE COURT: MOTOROLA MODEL QUALIFIED DOMESTIC RELATIONS ORDER PART ONE - ALL ORDERS § 1. Qualified Domestic Relations Order. This order creates or recognizes the existence of the Alternate Payee's right to, or assigns to the Alternate Payee the right to, receive all or a portion of the benefits payable with respect to the Participant under the following plan or plans maintained by Motorola.2 O Motorola, Inc. Pension Plan (the "Pension Plan" or the "Plan") This order relates to the marital property rights of a spouse or former spouse,3 and is a domestic relations order entered into pursuant to the domestic relations law of the state of pennsylvania. This order is intended to be a qualified domestic relations order as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended, and Section 414(p)(1)(A) of the Internal Revenue Code of 1986, as amended. §2. Def'mitions. For the purposes of the following assignment of tax-qualified retirement plan benefits under this domestic relations order, the following terms, when used with initial capital letters, have the following meanings. §2.1. Alternate Payee - The following spouse or former spouse of the Participant: Name: Sandra K. Rodkey Last Known Mailing Address: 4203 Catalina' Lane Harrisburqt PA 17109 §2.2. Social Security Number: 197-40-8061 Date of Birth: December 10, Plan Administrator - The following: 1949 Check ~be box(es) of the plan or plans affected. Remember, Part Two of this model order is for orders relating to the 401(k) Plan, and eifl~er Part Three or Part Four is for orders relating to the Pension Plan. Although it is possible for a QDRO to be used to provide child support and for other limited purposes, this mo(Icl is not intended to and ' cannot be practically adapted to serve such purposes. §2.3. Benefits Administration Plan Administrator Motorola, Inc. c/o Northern Trust Retirement Consulting, L.L.C. 3003 Summit Boulevard, Suite 100 Atlanta, Georgia 30319 Participant - The following person: Name: Barry L. Rodke¥ Last Known Mailing Address: 1405 T_ombs Gap Road Mechanicsburg, PA 17050 Social Security Number: 186-34-0802 August 14, 1942 Date of Birth: {}3. Miscellaneous Procedural Provisions. The Alternate Payee may roll over to an IRA or to another qualified plan any amounts eligible for rollover. The Alternate Payee will be responsible for the payment of all state and federal income taxes on any amounts paid to the Alternate Payee that are not rolled over.4 The Alternate Payee will file all elections, applications, or other forms required by the Plan Administrator in connection with the distribution contemplated by this order. This order will be administered in accordance with the Plan's QDRO Procedures. {}4. Precedence. This domestic relations order supersedes and completely voids and vacates any and every prior order of this court to the extent that such order purports .to create or recognize the existence of the Alternate Payee's right to, or assign to the Alternate Payee the right to, receive all or a portion of the benefits payable with respect to the Participant under the plans s~ecified in this order? But this order does not supersede, and is subject to, any earlier qualified domestic relations order in favor of another alternate payee. Amounts that qualify as eligible rollover distributions generally will be subject to mandatory federal income tax withholding if they are not directly rolled over to an IRA or another qualified retirement plan. Amounts that do not so qualify generally include: amounts pnyable over the life or life expectancy of the Alternate Payee; amounts payable over a specified period of i0 years or more; minimum distributions; amounts not includable in gross income; and any amounts payable to an Alternate Payee who is not the spouse or former spouse of the Participant. This sentence makes any preliminary order irrelevant and allows the Plan Administrator to consider only the final order. This provision does not purport to modify or cancel any rights of any prior Alternate Payee. PART FOUR - PENSION PLAN PAYMENTS HAVE NOT COMMENCED Use the following provisions only if an assignment of benefits under the Motorola, Inc. Pension Plan is intended and regular monthly benefits to the Participant have not yet begun. §6. Award to Alternate Payee under the Pension Plan. §6.1. Definitions. For the purposes of this Section 6, the following terms, when used with initial capital letters, have the following meanings. §6.1.1. Participant's Accrued Benefit The Participant's Pension Plan retirement income benefit earned as a specified date, whether or not vested (i.e., non-forfeitable), when expressed in the form of a single life annuity commencing on the f~rst day of the calendar month coincident with or immediately following the later of the Participant's "Normal Retirement Age" (as defined in the Pension Plan document) or, if the Participant has then attained Normal Retirement Age, the date payments are to begin. The Participant's Accrued Benefit will be determined without regard to any early commencement subsidies, subsidized optional forms of benefit, survivorship benefits, disability benefits, or other ancillary benefits that may be available under the Pension Plan. The Participant's Accrued Benefit will be determined · by excluding: (i) any amount that, before the Settlement Date, has been distributed from the Pension Plan to (or with respect to) the Participant, (ii) any amount that has been awarded to any other alternate payee under any other domestic relations order that was determined to be a qualified domestic relations order before the date this domestic relations order is determined to be a qualified domestic relations order, and (iii) any other amount not included in the Pension Plan's Accrued Benefit because of limitations on benefits provided under the Pension Plan. Notwithstanding the foregoing, the Accrued Benefit of a Participant in the Portable Pension Plan portion of the Pension Plan will be a single sum determined as of the Valuation Date. §6.1.2. Alternate Payee's Accrued Benefit - The portion of the Participant's AcCrued Benefit assigned to the Alternate Payee under §6.2. below. The Alternate Payee's Accrued Benefit may not exceed the portion of the Participant's Accrued Benefit that is vested (nonforfeitable) on the Settlement Date. The Alternate Payee's Accrued Benefit will be based on the Participant's Accrued Benefit, which will be computed based on the Participant's age and entitlement to any benefits or features of the Pension Plan except any early retirement subsidy. §6.1.3. Pension Plan - The qualified defined benefit pension plan known by the name: Motorola, Inc. Pension Plan, or its successor. §6.1.4. Settlement Date - The date the Alternate Payee's Accrued Benefit is payable to the Alternate Payee under this domestic relations order, which is as soon as administratively feasible after the Plan Administrator has formally and finally determined that this domestic relations order constitutes a qualified domestic relations order and the time for appeals under ~he Motorola Qualified Domestic Relations Order Procedures has expired. {}6.1.5. Valuation Date - The date as of which the Alternate Payee's Accrued Benefit is segregated from the Participant's Accrued Benefit as a separate benefit for the Alternate Payee. The value of the Alternate Payee's Accrued Benefit will not increase nor share in any changes in the Participant's Accrued Benefit after the Valuation Date. The Valuation Date is: 11 April 30 , 1092. 121 the Settlement Date. the date the judge executes this domestic relations order. {}6.2. Aruount of Payruent. The Alternate Payee's Accrued Benefit is: 50 % of the Participant's Accrued Benefit determined as of the Valuation Date or, if less, 100% of the vested (i.e., non-forfeitable) portion of the Participant's Accrued Benefit as of the Settlement Date. % of the difference between the Participant's Accrued Benefit determined as of the'. Valuation Date and the Participant's Accrued Benefit determined as'of · n or, if less, 100% of the vested (i.e., non-forfeitable) portion of the Participant's Accrued Benefit as of the Settlement Date. (When the Participant's Accrued Benefit is determined under the Portable Pension Plan portion of the Pension Plan on one of these dates but not on the other, both Accrued Benefits will be converted to a lump sum before the difference between them is computed.) % x F x the Participant's Accrued Benefit as of the Valuation Date, where F is a fraction, the numerator of which is the number of months from the date of the marriage of the Participant and the Alternate Payee to the Valuation Date, and the denominator is the total months of the Participant's participation in the Pension Plan as of the Valuation Date. IJate of Marriage: December 11, 1970 Notwithstanding the foregoing, the lump sum or monthly benefit payment amount actually made to the Alternate Payee will reflect any actuarial adjustments to the Alternate Payee's Accrued Benefit provided under §6.3 and any limitations on benefits payable that are provided under the Pension Plan. No earnings or other increase in the value of the amount awarded to the Alternate ! I This date may not bc later than thc Sctllcmcnt Date. 12 This date is generally thc date of thc marriage. 4 Payee attributable to the period of time after the Settlement Date will be paid to the Alternate Payee. §6.3. Form of Payment. The Alternate Payee's Accrued Benefit will be paid in a single lump sum payment in cash unless the Alternate Payee elects an annuity form of payment. If the Alternate Payee's Accrued Benefit is less than $5,000, it will be paid in a lump sum in accordance with §7.1 of the Pension Plan. The lump sum will be actuarially equivalent in value (as determined under the Pension Plan's rules as of the Settlement Date) to the Alternate Payee's Accrued Benefit. If the Alternate Payee elects an annuity form of payment, it will be paid in a lifetime annuity form based on the Alternate Payee's lifetime that is actuarially equivalent in value (as determined under the Pension Plan's rules as of the Settlement Date) to the Alternate Payee's Accrued Benefit. §6.4. Time of Payment. If the Alternate Payee's Accrued Benefit is less than $5,000,' the Alternate Payee will receive the Alternate Payee's Accrued Benefit in a lump sum on the Settlement Date. ~3 In any other case the Alternate Payee will receive, or will begin to receive, the Alternate Payee's Accrued Benefit on the Settlement Date. §6.5. Effect of Death. If any portion of the Alternate Payee's Accrued Benefit has not been paid to the Alternate Payee when (a) the Participant dies before the Alternate Payee, then (i) if the benefit is due to the Alternate Payee in a lump sum, it will be paid to the Alternate Payee as soon as is practicable, or (ii) if the benefit is due to the Alternate Payee in a monthly annuity form, it will continue to the Alternate Payee for the remainder of the Alternate Payee's lifetime. (b) the Alternate Payee dies before the Participant, then: (i) if the benefit is due to the Alternate Payee in a lump sum, as soon as is practicable after the Alternate Payee's death, it will be paid to the Alternate Payee's named beneficiary (if the Alternate Payee filed a beneficiary form with the Plan Administrator) or, if there was no such filing, then to the Alternate Payee's estate. revert to the Participant's Accrued Benefit. (ii) if the benefit is due to the Alternate Payee in an annuity form of payment, it will cease, and no further payments will be made following the Alternate Payee's death. 13 Under §7.1 of the Pension Plan, accrued benefits under $5,000 must be paid to the Alternate Payee as soon as administratively feasible after the approval ofa QDRO, wbethex or not'the Participant is then eligible Io receive a benefit. 5 §6.6. Alternate Payee as Participant's Surviving Spouse. With respect to the portion of the Participant's Accrued Benefit retained by the Participant under the QDRO, the Alternate Payee: will (except to the extent of any benefits previously assigned to any prior alternate payee) will not be treated as the Participant's surviving spouse. If the Alternate Payee is treated as the Participant's surviving spouse, then the Alternate Payee (notwithstanding any later marriage by the Participant to another spouse) must consent in a notarized writing (in form acceptable to the Plan Administrator) to any election by the Participant of a form of payment other than a 50% joint and survivor annuity payable to the Participant for the Participant's lifetime, with a survivor annuity of 50% of the Participant's annuity amount payable at the Participant's death to the Alternate Payee for the remainder of the Alternate Payee's lifetime. Moreover, if the Participant predeceases the Alternate Payee before commencing a benefit under the Pension Plan and his or her surviving spouse is then eligible for a QPSA form of payment under the terms of the Penslon Plan, the QPSA (which is a 50% surviving spouse benefit) monthly payments will be begun to the Alternate Payee as soon as is practicable, after the Participant's death unless the Alternate Payee waives the QPSA in a notarized writing in a form acceptable to the Plan Administrator. §6.7. Participant's Retained Benefits. For all purposes under the Pension Plan, the Participant's Accrued Benefit (and all other benefits payable under the Pension Plan that are derived in whole or in part by reference to the Participant's Accrued Benefit) will be permanently diminished by the "Actuarial Equivalent" (as defined in the Pension Plan) of the Alternate Payee's Accrued Benefit. SANDRA lC RODKEY Plaintiff VS. BARRY L. RODKEY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4843 : 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: GROUNDS FOR DIVORCE: Irretrievable breakdown under Section (X) 3301(c) or ( ) 3301(d)(1) of the Divorce Code. (Check applicable section.) DATE AND MANNER of service of the Complaint: Personal Service, October 14, 2002. 3. COMPLETE EITHER PARAGRAPH (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff.' April 16, 2003; by Defendant: ~ (b) 1. Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code 2. Date of service of the Plaintiff's Affidavit upon the Defendant: 4. RELATED CLAIMS PENDING: NONE DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, a copy of which is attached, if the Decree is to be entered under Section 3301 (d)(1)(I) of the Divorce Code: DATE: April 16, 2003 By: J M. BACH, ESQUIRE Attorney I.D.//18727 Attorney for Plaintiff 352 S. Sporting Hill Rd. MECHANICSBURG, PA 17050 (717) 737-2033 IN THE COURT OF OF CUMBERLAND COMMON COUNTY STATE OF ~ PENNA. PLEAS Sandra K. Rodkey Versus ....................... ~ry__~,..RO~¥ ....................... DECREE IN DIVORCE AND NOW .... .~ t©.:.~: I..2~ ............. ~..op.3.., it is ordered and decreed that ....... .s.a.n..d.rA .~.....~.o..d.Ke.~ ....................... plaintiff, and .............. Aa.r. -fY- .~. .'. R°'d' 'k'e~ ......................... defendant, are divorced from the bonds of motrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; NONE