HomeMy WebLinkAbout98-03165
, .,
ROBERT M. WINTER,
PLA INTI FF
IN THE COURT OF COMMON PI,EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
98 - j/(,.,- (',,;j l~h
IN DIVORCE
MARY C, WINTER,
DEFENDANT
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 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 10se money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counselling, A list of marriage counselors is available in the
Office of the Prothonotary at Cumberland County Courthouse,
Carlisle, Pennsylvania,
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.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE,
IF YOU DO NOT HAVE A L,AWYER OR CANNOT AFFORD ONE,
GO TO OR TEL,EPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
ROBERT M, WINTER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYINANIA
VB.
CIVIL ACTION - LAW
98 - 3)(., " C".,a 'r;;",
IN DIVORCE
MARY C, WINTER,
DEFENDANT
COMPLAINT UNDER SECTION 3301(0) or 3301(d)
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Robert M. Winter, by his
attorney, Dale F, Shughart, Jr" Esquire, and states the
following complaint.
COUNT I - IN DIVORCE
1. The Plaintiff is Robert M. Winter, who currently resides
at 121 East l3urd Stref?t, Shippensburg, Cumberland County,
Pennsylvania 17257, since 1970,
2. The Defendant is Mary C, Winter, who currently resides
at 6700 N.E, l82nd Street, Apartment C..201, Seattle, Washington
98155-4806, since February, 1995.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint
4. The Plaintiff and Defendant were married on October 25,
1958 in Bethesda, Maryland.
5. The parties separated on October 16, 1993,
6. There have been no prior actions of divorce or for
annulment between the parties,
7. The marriage is irretrievably broken.
8. The parties have been separated more than two years,
9. The Plaintiff has been advised of the availability of
marriage counselling and that the Plaintiff may have the right to
request that the court require the parties to participate in
counselling,
WHEREFORE, the Plaintiff requests the Court to enter a
Decree of Divorce.
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5,
The Plelntlff has refused to enter Into any reasonable and fair Property and
Separation Agreement, and Defendant will Incur substantlallegnl fees In that regard.
6,
Furthermore, the resolution of the Issues raised by this Counterclaim will require
Defendant to incur considerable additional expenses and costs.
7.
The Defendant is without sufficient means to adequately support herself and to
meet the costs and expenses of this litigation and is unable to maintain herself during
the pendency of this action,
8,
The Plaintiff is presently employed at Shippensburg University, Shippensburg,
Pennsylvania. Plaintiff's income is unknown but exceeds that of Defendant.
9,
The Defendant is presently employed with the Battelle Seattle Research Center
of Seattle, Washington and has a net monthly take-home pay of $1,076.56.
WHEREFORE, pursuant to Section 3702, et, seq., of the Divorce Code,
"Alimony Pendente Lite, Counsel Fees and Expenses", Defendant respectfully requests
your Honorable Court to Order Plaintiff to file within thirty days of service of this
Counterclaim upon Plaintiff, a complete Income and expense statement, and to require
the scheduling of a hearing to determine Defendant's entitlement to alimony pendente
lite, counsel fees and expenses, and if so, the amount,
WALKER, VAN HORN & MACBRIDE,
a division of Barley, Snyder, Senft &. Cohen, LLC
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By: . A.I i('<~(1 ' ') \((11 /.' (c
M rtha B, Walker, Esquire
A torney for Defendant
I verify that the statements made In this Counterclaim are true and correct. I
understand that felse statements herein are made subject to the penalties of 1 B Pa
C,S. 4904, relating to unsworn falsification to authorities,
Date: ~ {j /J <!JL_ }w ~4~JJI~l.ty-~
~. ~lnTt
499/Foflll/Countorcl AIm
ROBERT M. WINTER,
PL,AIN'rI F'F
IN THE COURT OF' COMMON PI.,I~AS o Ii'
CUMBERLAND COUNTY, PENNSYl.vANIA
VB,
CIVIL, ACTION '. L.AW
MARY C. WIN'I'ER,
DE Fli:NDANT
98 - 3165 CIVIL TERM
IN DIVORCE
STIPULATION FOR THE ENTRY
IIDO~STIC RELA 'IONS ORDE
AND NOW, this _~_ day of , 1998, the
parties, Robert M. Winter, Plaintiff, and Mary C, Winter,
Defendant, do hereby agree and stipulate as follows:
1. The Plaintiff, Robert M. Winter, (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, 55101..595fi
(Retirement Code) .
3, The Members date of birth is November 10, 1933, and his
Social Security No. is 145-24-9209.
4. The Defendant, Mary C. Winter, (hereinafter referred to
as "AI ternate Payee") is the former spouse of ~1ember. Al ternate
Payee's date of birth is August 31, 1936, and her Social Security
No. is 217-34-0830.
5. The Member's last known mailing address is:
Robert M, Winter
121 E. Burd Street
Shippensburg, PA 17257
6. The Alternate Payee's current mailing address is:
Mary C. Winter
6700 N.E. 182nd Street
Apartment C"201
Kenmore, WA 98028,,4860
It is the responsibility of Alternate Payee to keep a current
mailing address on file with SERS at all times.
7. (a) The marital component of Member's retirement
benefit equals:
(1) The coverture fraction multiplied by
(2) ThE; Membm:' u retirement bElnefJt on the
effective date of Member's retirement calculated by using
the Member's final average salary on the date of separation,
October 16, 1993, imJtead of the Member's actual final
average salary.
(b) The coverture fraction is a fraction with a value
less than or equal to one. The numerator is the amollnt of
Member's service, as defined by SERS, for the period of time from
October 25, 1958, to October 16, 1993, The denominator is the
total amount of Member's service, as defined by SERS, on the
effective date of Member's retirement.
(c) Fifty (50%) percent of the marital component of
Member's retirement benefit is to be allocated to the Alternate
Payee as her equitable distribution portion of this marital
asset.
B. The Member's retirement benefit is defined as all monies
paid to on or behalf of the 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 (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, The Member hereby nominates Alternate Payee as an
irrevocable beneficiary for any and all death benefits payable by
SERS from the Memb(,r's retirement account. 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.
If the last Nomination of Beneficiaries form filed by the
Member prior to Member's deat.h (a) predates any approved DRO
incorporating this SUpulal:Jon and Agreement, and (b) names
Alternate PayeB as a beneficiary, then:
(a) The terms of the DRO shall alone govern Alternate
Payee's share of any death benefit,
(b) Member shall execute ilnd 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 terms and amounts of Member's retirement benefits
payable to the Alternate Payee after SERS approves a Qualified
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 Member shall select the following Retirement Options
upon filing an Application for Retirement Allowance with SERB:
(a) Member shall withdraw all non-taxable
contributions to BERS. Fifty (50%) percent thereof shall be
payable to the Member with his initial annuity check, Fifty
(50%) percent thereof shall be paid to the Alternate Payee with
her initial annuity check,
(b) Member shall select Option No, 3 annui ty with the
Alternate Payee irrevocably designated as survivor annuitant.
11. Alternate Payee may not exercise any right, privilege
or option offered by BERB. BERB 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 BERS under
this Order, any death benefit or retirement benefit payable to
Alternate Payee by BERB shall revert to Member,
13. In no event shall Alternate Payee have greater benefits
or rights other than those to which are available to Member.
Alternate Payee is not entitled to any benefit not otherwise
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provided by BERB. Alternate Payee is only entitled to the
specific benefits offered by BERB 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:
la) Does not require SERS to provide any type of
benefit, or any Option, not otherwise provided under the
Retirement Code.
Ib) Does not require SERB 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. 1~e 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 SERB, and
further provide 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 document shall be served upon BERB
immediately. The Domestic Relations Order shall take effect
immediately upon BERB approval and SERS approval of any attendant
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ROBERT M, WINTER,
Pl,AINTII;1'
IN THE COURT 01' COMMON PLEAS 01'
CUMBERl,AND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION, r,AW
MARY C. WINTER, 90 - 3165 CIVII, TERM
DEfo'ENDANT IN DIVORCE
QUALI~' ~MESTIC R LATIONS 0
AND NOW, THIS J day of , 1998, it
appears to the Coure t lat:
1. The parties hereto who are hUllband
Orde~ in conjUnct~h t~ilgJa ~if"
marr1age dated .1 ~~~
in this Court at t a ve numb'~. -
and wife seek this
of the dissolution of
in that action pending
2. Robert M, Winter, Social Security No. 145-24-9209,
(hereinafter referred to as "Plaintiff" or "Participant") is
presently employed by Shippensburg University and is a
participant in the Teacher Insurance and Annuity Association
College Retirement Equities Fund, hereinafter "TIM-CREF" having
the following retirement annuities and supplemental retirement
annuities:
Retirement annuities:
TIAA contract A169912..1
CREF contract 1'090348-9
Supplemental retirement annuities:
TIAA contr'act K094414-6
CREF contract J094414..8
3. The Participant's current and last known mailing address
is 121 East Burd Street, Shippensburg, PA 17257.
4. Mary C, Winter (hereinafter referred to as "Defendant"
or "Alternate Payee") current and last known mailing address is:
6700 N. E. 182nd Street, Apartment C..201, Kenmore, WA 98028 "4860,
and Alternate Payee's Social Security No. is 217-34-0880.
5. To accommodate the marital/community property
distribution between the parties IT IS ORDERED, ADJUDICATED AND
DECREED AS FOLLOWS:
a. That the TIAA-CREF annuities previously referred to
are marital property;
b, That subject to the execution of the documents
required by TIAA-CREF and the terms of said annuities, the
following portions shall be awarded to the Alternative Payee as
her sole and exclusive property to be appl ied to TIM-CREP
annuities subject to the terms and limitations of said annuities.
1. 100%
2. 50%
of TIM Contract No. A169912-1
of CREF Contract No. 1'090348..9
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100%
43,15%
of TIAA Contl.'act No, KLl94'1l4'G
of C~8F Contract No, J094414-8
C, The effective date of tho dJvif.don lJhall DO
June 30, 1998. All ownership rights in these rlintributions
effective June 30, 199B, toqether with all intf'!l.'lm lnLel'c,st and
investment expetience frolll the division date Lo thn date of
tranElfer shall bc,]on9 to Mary C. Winter, AJternate Pa,'ef!, All
ownership and interest ill the balance of the ilCClllllulationl'l in Ul(~
above contract8 ismwcl by TTAA-CREF shall belong to I<obert M.
Wintet'.
6. The parties are dlrected to DUblllit in a timely manner to
TIAA-CREF all documents, including Releasos that are required to
finalize thin Ol'der and Illwll promptly notify TIM/CREF of any
changes in their addresses from those set forth in this Or'der.
7, This Order:
a. does not require any Plan to provide any type or
form of benefit, or any option, not otherwise provided under the
Plan, and
b, does not rf!quire TIAA-CREF to provide increased
benefits, and
c, does not require the payment of benefits to an
Alternate Payee which are required to be paid to another
Alternate Payee under another Order previously determined to be a
Qualified Domestic Relations Order.
8, It is intended that thin Order shall qualify as a
Qualified Domestic Relations Order under the Retirement Equity
Act of 1984. l~e Court retains jurisdiction to amend this Order
as may be necessary to establish or mainta n its status as a
Qualified Domestic Relations Orde' e 1 Retirement Equity
Act of 1984.
CONSENT8D TO:
Date: ~-f1(p __,
Date:
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Date, _, riJft,
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Mart a B. Walk~r, EsqUIre
Att rney for Defendant
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