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HomeMy WebLinkAbout99-02472 .. t t ..t t it .. t IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF ~:~,' f.' '''..'2t.i., ~ ""'''-~;~'''''' ',~r0""'.."-""'" PETER P. KASSAB. PLAINl'IFF VERSUS CAroL ANN KASSAB. DEFENDANT + + AND NOW, + DECREED THAT " AND PENNA. No, 99-2472 CIVIL TERM DECREE IN DIVORCE . . . . . . . P~oH-&v u" 2000 , IT IS ORDERED AND . . . . . PE1'ER P. KASSAB , PLAINTIFF, . CARaT, ANN KAC;SAR . . . . . DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . 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 . . . . . . + . . . . . . ~'. J. (l4"if -leo'"ONO""' ~~~-,"*{.tt. "" ". , - '" .. d :z I) ~ ... ::i < ..J Z .. r-. --- :l ~ < C'- (~: Ul w :i ~'f ...::r ~ , . ':.~~1 w ~ ~ I J./ ~.:' u ..J (.'?;~ , ~ 0. w z ~ 0 z (~i ,';: ~. o. ;:.... 0 ~ 0 III -;~ ~ :l ~ .. m 1-)' , ..' :' (f) ~ Ul ci m :~j .. J~< < ~ z --~ 0:: ~ :J :.--- , ~il'b ~". '.In... < II: , _.'- ,> In III " c.~ ::; 0:: m '-' C) U < ~ In :> U ~ Z .' ~ ,.".. Plaintiff Peter p, Kassab v. Defendant Carol A. Kassab In The Court Of Common Pleas Of Cumberland County, Pennsylvania Docket No. 99-2472 In Divorce QUALIFIED DOMESTIC RELATIONS ORDER. AND NOW, this 2.1' day of Nqver,f..<r ,20oel, based on the findings set forth below in items one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through twenty.six: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on December 29, 1979. 2. Participant Information: The name, last known address, social security number, and date of birth of the plan "Participant" are: Name: Peter P. Kassab ("Participant") Address: 3940 Brookridge Drive, Mechanicsburg, Pennsylvania 17055 Social Security Number: #180.42.2850 Birth Date: October 22, 1958 3. Alternate Payee Information: The name, last known address, social security number, and date of birth of the "Altemate Payee" are: Name: Carol A. Kassab ("Alternate Payee") Address: 4 Ashburg Drive, Mechanicsburg, Pennsylvania 17058 Social Security Number: #181-40-4723 Birth Date: December 19, 1959 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the PPL Retirement Plan (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s), to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined benefit plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined benefit plan has been transferred to the Plan, shall also be subject to the terms of this Order, Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. t""\ ~\ 5. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recoQnizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined benefit pension plan that is qualified under Section 401 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414 (p) of the Code and Section 206(d)(3) of ERISA and the Retirement Equity Act of 1984, P.L. 98-397 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania (Pennsylvania Divorce Code, 23 Pa. C.S. Section 3101, et seq.). 7. For Provisions of Marital Property Flights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Altemate Payee. 8. Amount of Alternate Payee's Benefit: This Order assigns to Alternate Payee an amount equal to Fifty Percent (50%) of the Participant's total accrued benefit under the Plan as of the date of his termination of employment. Notwithstanding the language set forth above in this Section 8, in the event the Alternate Payee becomes entitled to a Qualified Preretirement Survivor Annuity under paragraph 12 of this Order, then the Alternate Payee's right to a share of the Participant's benefits as called for under this Section 8 shall be terminated as of the date of such Participant's death, and such preretirement death benefit shall be payable to the Altemate Payee in lieu of any other benefits to which he or she may be entitled under the terms of this Order, 9. Commencement Date of payment to Alternate Payee: The Alternate Payee may elect to commence her share 0 the benefits under the Plan at any time on or after the date the Participant attains the "earliest retirement age" as defined by Section 414(p) of the Internal Revenue Code, but must commence benefits no later than the date the Participant actually retires. Also, in the event the Participant's benefits become payable at an earlier time under the Plan's Disability Retirement provisions, if any, the Alternate Payee may elect to commence her share of the benefits at such earlier time. Should any early commencement reduction be necessary in the event that the Alternate Payee commences her benefits prior to the Participant's Normal Retirement Age, then such reduction shall be applied to the Alternate Payee's benefits in accordance with applicable Plan provisions. 10. Form of Payment to Alternate Payee: The Alternate Payee may elect to receive her benefits in anyone of the allowable benefit options pennitted under the terms and provisions of the Plan, other than a Qualified Joint & Survivor Annuity with her current spouse as the beneficiary. The form of benefit elected by the Alternate Payee is to be based on the life expectancy of such Alternate Payee. Any actuarial adjustment which might be necessary to convert Alternate Payee's benefits to another form based on the Alternate Payee's lifetime should be applied to the Altemate Payee's benefits. 11. Length of time Benefits will be paid to the Alternate Payee: The benefits paid to the Altemate Payee shall be paid to her for her own separate, independent lifetime, and upon her death, shall be paid In accordance with the benefit option elected by the Alternate Payee. As a result, should the Participant predeceases the Altemate Payee after I I I l ",.. ,-., the Alternate Payee's benefit commencement date, his death shall not affect the Alternate Payee right to continued benefits. 12. Pre-Retirement Death Benefits: In the event the Participant predeceases the Altemate Payee, and neither the Participant nor the Altemate Payee has commenced benefits under the Plan, such Alternate Payee shall be designated as the surviving spouse of the Participant for purposes of establishing the Altemate Payee's entitlement to receipt of this monthly preretirement survivor annuity. For purposes of determining the eligibility for such surviving spouse benefits, the Altemate Payee and the Participant have satisfied the one (1)-year marriage requirement as enumerated in Sections 401 (a)(11) and 417(d) of the Code and as may be required under the provisions of the Plan. This designation applies to the Alternate Payee's interest in the Participant's accrued benefit as described in Section 8 of this Order. The Alternate Payee shall be treated as a surviving spouse of such Participant for purposes of any preretirement surviving spouse benefits that are attributable to the portion of the Participant's benefits awarded to the Altemate Payee, and any subsequent spouse of the Participant shall not be treated as a spouse of the Participant for this portion. In the event the costs associated with providing this preretirement death benefit coverage are not fully subsidized by the Participant's employer, then Participant must make an affirmative election for such preretirement death benefit coverage in a timely manner and in accordance with the employer's election procedures. 13. Suspension of Benefits: If the Participant's benefit ceases due to his retum to employment, the Altemate Payee's benefits will not be suspended. 14. Death: In the event of the death of a party hereto, the Plan shall be entitled to recover any payments issued on the assumption that such person was alive. If the Alternate Payee predeceases Participant prior to the commencement of her benefits, the Alternate Payee's portion of Participant's benefits, as stipulated herein, shall be paid to the Alternate Payee's estate (or designated beneficiary), to the extent permitted under the Plan. If the Plan Administrator does not permit the Altemate Payee's benefit to be payable to her estate (or designated beneficiary) in such a circumstance, then her assigned share of the benefits shall revert to the Participant, but again, only to the extent permitted under the Plan, Should the Alternate Payee predecease the Participant after her benefit commencement date, then such remaining benefits, if any, will be paid in accordance with the form of benefit elected by such Altemate Payee. 15. Small Value: If the value of the pension for either party is five thousand dollars ($5,000) or less, or other amount as may be specified in the Plan, the Plan may make a lump sum distribution of the amount when payable under the terms and conditions of the Plan. 16. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; to require the Plan to provide increased benefits determined on the basis of actuarial value; (b) . . ~ -, (c) to require the payment of any benefits to the Altemate Payee that are required to be paid to another altemate payee under another order that was previously deemed to be a OORO; or to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. (d) 17. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Altemate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make tile necessary calculation of the benefit amounts contained herein. 18. Continued Qualified Status of Order: It is the intention of the parties that this OORO continue to qualify as a ODRO under Section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 19. Tax Treatment of Distributions Made Under This Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Altemate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 20. Constructive Receipt: In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Altemate Payee to the extent that the Participant has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan Trustee inadvertently pays to the Altemate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments, and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 21. Effect of Plan Termination: In the event that the Plan is terminated, whether on a voluntary or involuntary basis, and the Participant's benefits become guaranteed by the Pension Benefit Guaranty Corporation ("PBGC"), the Alternate Payee's benefits, as stipulated herein, shall also be guaranteed to the same extent in accordance with the Plan's termination rules and in the same ratio as the Participant's benefits are guaranteed by the PBGC. 22. IRC Section 415 Limitations: In the event that the Participant's accrued benefit is limited andlor reduced as the result of a benefit limitation imposed under Section 415 of the Internal Revenue Code, as amended from time to time, then the Alternate Payee's share of the benefits shall also be limited and/or reduced in the same proportion and to the same extent as the Participant's benefits. 23. Overpayment: In the event that the Plan Administrator determines that an overpayment has been made to the Participant andlor Alternate Payee for any reason, including but not limited to, a Plan Administrator's error in the Participant's pension . , . . 1"""\ ,-... calculation, or the Participant's retroactive eligibility for Social Security disability payments, and the parties cannot come to an agreement regarding their respective liability towards the Plan's recoupment of such overpayments, the Court shall reserve jurisdiction regarding the allocation of such repayments to the Plan between the Participant and the Altemate Payee. 24. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein, including, but not limited to, the recharacterization thereof as a division of benefits under another plan, or as an award of disability benefits that may become payable under the Plan, or to make an award of spousal support, if applicable. 25. Actions by Participant: The Participant shall not take any actions, affirmative or otherwise, that circumvent the terms and provisions of this Qualified Domestic Relations Order, or that diminish or extinguish the rights and entitlements of the Altemate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Altemate Payee, the Participant shall be required to make sufficient payments directly to the Altemate Payee to the extent necessary to neutralize the effects of the Participant's actions or inactions, and to the extent of the Altemate Payee's full entitlements hereunder. 26. Notice of Pending Retirement: Pursuant to the terms of Section 8 above, the Alternate Payee shall be required to commence her share of the benefits no later than the Participant's actual date of benefit commencement Therefore, the Participant shall be required to notify the Alternate Payee, in writing, within thirty (30) days prior to the actual date of retirement Such notice shall indicate his intention to retire and his elected benefit commencement date. The notice shall be sent via regular mail, first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in her mailing address. BY THE COURT: Participant (~~ l'eter p, Kassab Date /1- r- {. () 00 (g1{1g1~ Dale (,' (Will Samuel~s,8quire Attomey for Participant 525 N. 12 Street P.O. BOK 168 Lcmoync, P A 17043 (717) 761-5361 Datc f.., ^,w~bv 2uu::::. B a pic-Sullivan, Esquire Attorney for Alternate Payee 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 Date~ I ! i I , , I I ! .,-,'y.1 {',:",l ..... ,,,.. I' ~,'.', ',",: :\ \, :. I..: ;,," ~. .::. :JY CJ:. ; :~:\: ~,.,'I L...~ -:...::\ (h~;;J.()cJ 18~ I~ '....,I PETER P. KASSAB, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION. LAW CAROL ANN KASSAB, Defendant NO. 99.2472 CIVIL TERM IN DIVORCE PRAECIPE TO..IBANSM1LB.EC.o.BD o THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a ivorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c).. 2. Date and manner of service of the Complaint: Acceptance of Service filed by Defendant's counsel indicating service on or about 4 May 1999. 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: 7 November 2000 By Defendant: 1 November 2000 (b) (11 Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (21 Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (bl: (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 7 November 2000, filed contemporaneously herewith, Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: dated 1 November 2000, filed contemporaneously herewith. Date: 14- NO,) ~') ~^~~ amuel Andes Attorney for Plaintiff >-- '"4 i Q J , ~ ~ '- "I -- G, r~. ", f.'( ~ i' ~ u! I 6 '.. [j J () >.t. '.. .- Cl VJ -:;:1 ':4 ') ,- <c ~ Vi " &2 (' ~ ;e dd I"'.. , . 0(;"':" ". (/"". ,.J -D;:: -..... C) c... u M ~ o ~ ~ r.n ~ < ~ . lJ: ... A ~ ti. z Z o.l :: ~ ~ ~~5;~ ~ 0 ~ .....1 ~ :s III ~ ~ z ~ 0 ~ ~ c: i: Do: a.. ~ ~ lJ: !l:la 11 ... p z -<;r, >- ..; ~ 0 fJJ ~ ~ ~ ~ . PETER P. KASSAB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW CAROl ANN KASSAB, Defendant NO. 99-2472 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 26 April 1999 and served upon the Defendant on or about 4 May 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I I verify that the statements made in this Affidavit are true ond correct and I I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, , Section 4904 relating to unsworn falsification to authorities. I fI I 1 i~ 1\ '('.Jo mDli ,9CfY) IDate ~~ PETER p, KASSAB >- U") ~ a; ~ ~ .. ~< c~ - C)-;-.... Ll.J_,.. ( :1 .~, - :J~ ~~ C7~ ~ .-.: >. '=1~ C);:-:., >,.(n I...' .- CI'" "1:2: l..:.)" '::::2: , -" -.:.JW G:.:> ~ UJa... ;:: ~~ I:. 0 ::J 0 c> C,,) PETER P. KASSAB, ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW CAROL ANN KASSAB, Defendant NO. 99-2472 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 26 April 1999 and served upon the Defendant on or about 4 May 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3, I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. I 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not 'request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Po, C,S. Section 4904 relating to unsworn falsification to authorities. ,/ In' Date /lrl if Iv~ ~AROL ANN KASSAB '- l.() is fr. - -.;) ~- 1--": ;l% U,l~",? - - :: , " ( ;~;l: ,:;~:J " " : .">- L'" ". >-~ u.)/_ ~ ~ ' t !r:Z ; : -.'.' L'JI.U '- C ~~a.. i. ;;~ (I~ a ::::) c) CJ U . . . PETER P. KASSAB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW CAROL ANN KASSAB, Defendant NO, 99-2472 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (Cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3, I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is tiled with I the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /!0~ Date 111~ AROL ANN KASSAB :- Ln E= a; ..::I ~ Z ..... ., :::J lJ..JQ - ()~ - (~) ",.: C)~"I G:~" ~ .~, C)~ '-l-r- 'i)' . _:J" :.~~~~ c:~ " " :j:Z il_ : :1'- !!.JI.Ll ~~ ;)e1. .~~ t ~, C::l :~) U c::> U ,- a) [::: [1; '''-' ~~ c..~ :~~ ;~ r- .--< 1,11'.", ~~r{ :::l ""',, ._"( n_ ~~: ":'1 :.:.:J , ,. ;r~ ~. G'" U? ....1;. .;.; /'- L',J" ?: -, l .- ~ uJ [1: .~ ; ~ c... ,- :.: '.:;: l.~. en ::j () <" (,) " ...