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The Honorable ~d4ar B. Bayley
Oncember 11, l~l96
l','qa '- of 2
Plnase contact mn if the procndure propound herein In not
sutlBfactory. Thunk YOII for your connlderution in this matt,nr.
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Uorlrlld T. Kls!;irlqel'
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cc: Arthur '1'. Mc;()enantt, Esquir(~
MiChael R. whlU,
TOTI~L F'. 03
ELEANOR D. ZEREGEA,
(formerly White)
Petitioner
IN THE COURT OF COMMON PLEAS
CJMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 96-5526 1996 CIVIL TERM
MICHAEL R. WHITE,
Respondent
TO THE PROTHONOTARY:
'PIease enter my appearance for the Respondent, Michael R.
White, in tne above matter.
CALDWELL & KEARNS
Date: October 16, 1996
BY~~
Carl G. Wass, quire
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
LD. #07268
Attorney for Defendant
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VIA FAX TRANSMISSION: 240-6462
Richard Pierce, Deputy Court Administrator
CUMBERLAND COUNTY COURTHOUSE
1 Courthouse square
carlisle, PA 17013-3387
Re: Zeregea (White) v. White
No. 96 5526 Civil Term
Dear Mr. pierce:
I have on this date been retained to represent Michael White
with respect to the Petition to Enter a Qualified Domestic
Relations Order in a Form to comply with the Pennsylvania state
Employee's Retirement System Requirements which had been filed
October 7, 1996 to the above term and number. carl Wass, Esquire
had previoUSly entered an appearance on behalf of Mr. White in
this matter, and I am in the process of entering my appearance
and causing Carl's appearance to be withdrawn. Arthur T.
McDermott, Esquire represents the petitioner Eleanor D. Zeregea.
Upon my verbal request for information with respect to
assignment of this matter earlier today I Becky in your office
clarified ~hat the petition was not forwarded to you for
assignment at the time of filing. As a result of my inquiry, the
Prothonotary was making arrangements to have the file sent to
your office for assignment this afternoon.
The Petition requests that the court adopt an "attached
replacement QDRO and cause it to be filed in the appropriate file
at the Prothonotary's office". It is my position that the
proposed stipulation and order attached to the Petition are not
presently in a form appropriate for finalization and forwarding
to the state Employes I Retirement system. My client has
requested various items of information which we expect to be
available within the next fourteen days, and upon receipt of that
information, Mr. White will forward a revised proposed Domestic
Relations Order for the consideration of Attorney McDermott and
the court. It is my understanding that Attor,leys Wass and
COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Eleanor D. Zeregea,
(formerly White)
Petitioner
vs.
No: 1.- ., ;.J(' 1996 C4~:1 T-<<--
Michael R. White,
Respondent
PETITION TO ENTER A QUALIFIED DOMESTIC RELATIONS ORDER IN A
FORM TO COMPLY WITH THE PENNSYVANIA STATE EMPLOYEE'S
RETIREMENT SYSTEM REQUIREMENTS
COMES NOW, Petitioner Eleanor D. Zerega (formerly
Eleanor D. White) by and through her attorney, Arthur T.
McDermott, Esquire and states as follows:
1. Petitioner and Respondent were Defendant and
Plaintiff, respectively in the orioinal divorce action
(docketed to No. 3773 1984, and filed on microfiche at No.
377-84 in the Prothonotary's office).
2. The divorce was granted and a Qualified Domestic
Relations Order (QDRO) was issued on November 19, 1986 by
Judge Sheeley. (At tached at Exhibit" A" ) .
3. On September 6, 1996, Petitioner attempted to file
the original QDRO at the Pa. State Employees Retirement
System (SERS) office in Harrisburg.
4. At that time, Petitioner was advised that the
original QDRO did not conform for SERS requirements and was
given a form QDRO which did comply with SERS requirements.
A replacement QDRO is attached as Exhibit "B".
5. paragraph 9 of the original QDRO states in
pertinent part as follows:
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0mp~ay:nen1.. of' plan parl~i_
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pension or rel.ireC'lenL ben"J!"il.$
,. E,Lc1;1')r D. .....hiL~, alL0r;1<l.L0 P-11~'!, 3hull conLlnue La recel'/~ her porLlon or
Lh"J ;::~n5ion or ret.:r~~n!. tl~nefi.t.$ of :-1i.(:hael R. '..Jhit.e, !)lan par1..1cipanL, for 1..he
o.1.1a::'::~ of !"Ier life ,J.:i~, in 1..h~ c'u.mL 0:' :.iife's de:l1..'1 prior Lo HU:Jba:ld':;; deaLh, her
$:-:a:"'~ az .:!.It.ernat.e pale,,;! shall b~: paij 1..0 1..he Lhen-livir.g children of ~:ichael R. Whit.e
and. Elea.'1or D.',.;hi1..e in equal ::;hare3 fOi a period equal 1..0 1..he life expecLancy of
Elea.'1o:" D. Whi!..e, as esl...abli3hed oy Lhl! approp:-iaLe acLuarial LableJ Lhen 1n effect., on
a daLe one mon~h prior Lo Lhe daLe of he:' deat.h.
6. Shoul~ 1..he ~fjr:.::;ior. benefi!..= of L!":e plan parLicipanL, Michael R. WhiLe, M
los~, fo:"~eiLe-:, 0:- dC:1:.ed him for' any rea30:1, he zhaJ.l lit.igaLe 1..0 a rea3ona~le exl..ent..
hi:: ~:ai:r. for s:.:c~ pension 0:' reL:.r']:r.ent. oenefit...::; so as Lo preserve Lhem for himself
a'1d for 1..he al~err:a~e paJ~e, Eleano:" ~. ~hi1..e.
7. T'J 1..h':! f'.lllezt. "]x~ent. permissible under I..he rel..irer.:enL plan at. Lhe LilOO for
such elecLion, Mic:--.ael R. \oI!1it.e, pla.'1 parLicipant., will elecL a surVivor's benefiL, or
it.s reasonao:.e caunt.erpar'1.., La pay pension benefits Lo t.he a1l..err.at.e payee, Eleanor D.
:.ihile, followi:1g hi.::; deaLh. In 1..h~! e'/c:1L Lhal... the alt.emaLe payee, Sll;!anor D. While,
predece3Sez Lh~ fir3~ d~le fc:' which Lhe ~la~ p~rLicipa:11... Michael R. Whit.e, firsL
rC(:~:'J'::~ :"et.i.r-:;o:;:~:,,'.. b<;!;",p'~'it.z, all of he:" ber..:!fil..s unGer 1..11is order, and any 3hare of
l.he sa:: ;;~nsicrl ::'==:1efit..s or p"-lj'r.:ent.,s, shal: be aS3igned La t.he t.hcn-living children of
i'l:'c:n~l ?:. ',~h:.'.~ ?_.Y'! Sl~;!'"io:' D. '..Jhi!..~, :':1 f!'jlJ:ll share:::. for a periOd eqml La Lhe life
e;~;.:'::!~:,::::c:/ 0:' ::::C2.~l:;':" D. i-ihi:'<;o, '1:,\ o:':1Lil~j,l:;:-IO::~ 'O'} Lhe <Ip~ropr:.aLc aC1..ua!'i~::' Lables Lhen
i;"; e:Cr::..... ':::1 C\ t.:il'..~ ::":-,;; ~':r:l.~; ;,,,: .'" ~.....) 1..~,~ ~?1...? of h~!' de3t.h.
,~, ::1 ~r,.: ~.'/'~n'. t..:-,::!.~ t..~~:": --'~.(' ,::'CiC: I.t.:l;. O~10 :r.cLh'.xl of r~:::ebir:~ ~aymen'~ of Lte
;.€n:3io!1 :-:)~"':'::"::; ;';~17: l...:~,~ ::'!:':': ~'~~::;~:':,"; al. 'Jr-,('! 1..i17:e U:e pLl.rt.i~~ are eligi::>l~ La !'eceive
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Eleanor D. Zeregea,
(formerly White)
Petitioner
vs.
.
.
.
.
.
.
. No:
.
:
1996
Michael R. White,
Respondent
ORDER
AND NOW, this ____ day of
the attached Stipulation and Agreement dated
of the parties in this case is incorporated, but not merged,
, 1996,
into this Order of Court.
BY THE COURT,
J.
E/../1,/", -f 8
6. Alternate Payee's current mailing address is:
1018 Covington Drive, Allison Park, Pa 15101.
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:
(1) The Coverature Fraction multiplied by
(2) The Member's retirement benefit on the
effective date of Member's retirement calculated by using
the Member's final average salary on August 25, 1984 instead
of Member's actual final average salary.
(b) The Coverature Fraction is a fraction with a value
less than or equal to one. The numerator is the amount of
Member's service as defined by SERS for the period date of
marriage of time from August 20, 1966 to November 19, 1986.
The denominator is the total amount of Member's service, as
defined by SERS on the effective date of Member's
retirement.
(c) The Coverature fraction formula is as follows:
number of months
employed during coverture
~o=
%
number of months employed
by Member under SERS
(c) Fifty percent (50%) of the marital property
component of Member's retirement benefit is to be allocated
to the Alternate Payee as her equitable distribution of this
marital asset.
a. 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 Member's retirement benefits
are computed by SERS based on his salary on the date of his
retirement. 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 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 an
irrevocable beneficiary to the extent of Alternate payee's
equitable distribution portion in Member's benefit for any
death benefits payable be SERS. In the event that the
Alternate Payee, Eleanor D. Zerega, predeceases the first
date for which the Member receives retirement benefits, all
of her benefits under this Order and any share of the said
benefits or payments shall be assigned to her Estate.
10. The term and amounts of Member's retirement
benefits payable to the Alternative Payee after SERS
approves a Domestic Relations Order incorporating this
Stipulation and Agreement is dependent on upon which
option(s) is selected by Member retirement. Member and
Alternate Payee expressly agree that: Member shall select
the following retirement option upon filing an Application
for Retirement Allowance with SERS:
Special Option 4. -- A joint and equitable
distribution percent [or portion] (as defined in
paragraph 7) annuity payable during the lifetime
of the Member with an equitable distribution
percent [or portion] (as defined in paragraph 7)
of such annuity payable thereafter to his survivor
annuitant, if living at his death, as set forth in
71 Pa.C.S. Section 5705(a)(4),or any succeeding
statute.
The Member shall designate the Alternate Payee as his
irrevocable survivor annuitant. The intent of this Special
Option 4 selection is to maintain levelized payments to the
Alternate Payee for her life in the event of Member's death
after retirement. The Alternate Payee shall receive her
equitable distribution percentage (a portion) of the annuity
which is payable to the Member during his lifetime, so that
she shall receive a percentage (a portion) of the Member's
check during his lifetime and the same amount, all other
things being equal, if he predeceases her after retirement.
The Alternate Payee acknowledges that if she predeceases
Member after retirement, then under Special Option 4, the
payments continue to the Alternate Payee's Estate for the
life of the Member.
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 receipt of all of her payments payable to her from SERS
under thi8 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 paragraphs Seven through Nine.
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.
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
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 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.
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 Court.
WHEREFORE, the parties, intending to be legally bound
by the terms of this Stipulation and Agreement, do hereunto
place their hands and seals.
Respondent/Member
Attorney for Respondent/Member
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ELEANOR D. ZEREGEA,
(formerly White).
PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
.
MICHAEL R. WHITE,
RESPONDENT
96-5526 CIVIL TERM
ORDER OF COURT
AND NOW, this 14th day of January, 1997, upon the request of counsel for
both of the parties, the Rule previously entered in this case is extended indefinitely to
allow the parties to reach an amicable settlement. If a settlement cannot be reached
the matter will be moved forward upon notification to the court.
By the Court,/ /
. I
!
Arthur T. McDermott, Esquire
For Petitioner
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Donald T. Kissinger, Esquire
For Respondent
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