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HomeMy WebLinkAbout99-06337:? ?- ?:.? , >? , ,a=i 1 ;; , ?? ,? { .- CO` =?;;: ??`<? . IN THE COURT OF COMMON PLEAS LYNNE G. MOREY, PLAINTIFF OF CUMBERLAND COUNTY STATE OF PENNA. P ?? a N O, 99-6337 CIVIL TERM VERSUS DEFENDANT DECREE IN DIVORCE AND NOW, 0(1.odo?n DECREED THAT AND LYNNE G. MOREY VANCE D. MOREY ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2000, IT IS ORDERED AND PLAINTIFF, DEFENDANT, 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 is a4 4A,,.I 0 1,2 •a9oo ?4 #/L l& ,z t on i-• u ? c? a, 34 e V j ?J 2U O 0 ? ? ?b 2 M p VI u S Q ? r<. a } .? r u C N W A a ?1 a o ° m s z w ,< < z i Vl to 0 n S. W J LYNNE C. MOREY, Plaintiff V5. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. q9 - W3 7 CIVIL TERM VANCE D. MOREY, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in 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 the 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 at: Office of the Prothonotary Cumberland County Court House I Court house Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES. :; 51 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. Ir ?, Cumberland County bar Association r: 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 LYNNE C. MOREY, Plaintiff VS. VANCE D. MOREY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 'i 9 • G 3 37 CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. Yount advised that this list is kept as a convenience to you and you are not bound to choose counselor from this list. All necessary arrangements and the cost of counseling sesslons+ are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so constitute a waiver of your right to request counseling. LYNNE C. MOREY, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99.6 337 CIVIL TERM VANCE D. MOREY, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, LYNNE C. MOREY. by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is LYNNE C. MOREY, an adult individual who currently resides at 47 Windsor Way in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant Is VANCE D. MOREY, an adult individual who currently resides in Cumberland County, Pennsylvania. 3, Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing'*."," of this Complaint. 4. The Plaintiff and Defendant were married on 19 September 19871n Mechanicsburg, Cumberland County, Pennsylvania, s 5. There have been no prior actions of divorce or annulment between the parties.' 6. This marriage is irretrievably broken. ' 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: y,9 % h (-- 3 C. MOREY r r ?Y So iel L. Andes Attoney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 v vc W M co IM 00 CY) CVT O Z C to to C) O 4' r CV V W U) g ww M It 22 c? o zz J ? LYNNE G. MOREY, VS. VANCE D. MOREY, 1 IN THE COURT OF COMMON Plaintiff ? PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA 1 CIVIL ACTION - LAW 1 1 NO. 99-6337 CIVIL TERM 1 Defendant ) IN DIVORCE AFFIDAY_ILOF_C_ONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 18 October 1999 served upon the Defendant on or about 20 October 2000. 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. 1 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. 1 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 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date CL-YNN G. MOREY lit! J.. lt_" ?" < 111 03 I:r C] v ? U LYNNE G. MOREY, 1 IN THE COURT OF COMMON Plaintiff 1 PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA 1 VS. 1 CIVIL ACTION - LAW 1 NO. 99-6337 CIVIL TERM VANCE D. MOREY, 1 Defendant 1 IN DIVORCE WALVEfLOF_I OBCE9EINTENTION IO-REQU.EST-ENTAY_QE A_DW-MCE-DECAEE_UN DER_SECTION_330_tlCl_OFSH E-DIYORCE_QO-DE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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 filed with 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. Date ?t G. MOREY r of t C7 r N 1. W JCL . LYNNE C. MOREY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6337 VANCE D. MOREY, Defendant : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 10-18-99. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are mad subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: )Z X27/DD Vance D. Morey i ?J is a ?y;nt tit S r F 'i 1 rx Y r` y I? ? t¢ ., rY i LYNNE C. MOREY, : IN THE COURT Of COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6337 VANCE D. MOREY, CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE. OF INTENTION TO REQUEST ENTRY OF DIVORCE. DECREE UNDER § 3301(c) OF THE DIVORCE. CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that 1 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 filed with the Prothonotary. I verify that (lie 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. § 4904 relating to unsworn falsification to authorities. DATE: i2-127/oD Vance D. Morey n: ' U-2 • tJ I r._ -r LYNNE G. MOREY, Plaintiff vs. VANCE D. MOREY, Defendant 1 IN THE COURT OF COMMON 1 PLEAS OF CUMBERLAND COUNTY, 1 PENNSYLVANIA ) CIVIL ACTION - LAW 1 1 NO. 99.6337 CIVIL TERM 1 IN DIVORCE PRAECIPJ: TOTRANSMILRECORD THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: AccepIanceof-SeLviceliled-by3Jaintiff_s Undicating-service-on_or_about-20_Octo ber-2000. 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: 211_Docember_2000 By Defendant: 27-Decomber1000 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (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: Dated19_Docember1000._filed-contemporaneously-herewith, Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: dated27_December1000._filed_contemporaneously_herewith. Date: zCX 2,9-DL -n By Q'ACLO, amuel L. Andes Attorney for Plaintiff ?? r7 _7 ny 1 ? 117 ;-' G) . fn O L7 CJ • READER & ADLER, P.C, ATTORNEYS AT LAW 2221 MARKET STREET CAMP HILL. PA 17011.4642 17171763-1383 LYNNE C. MOREY, ) Plaintiff' ) VS. ) J VANCE D. MOREY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6337 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant, VANCE D. MOREY, in the above-captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Divorce filed in the above action on behalf of the Defendant on olmov f ;0 1999. 13'ebra Denison' Cantor, Esquire 2331 Market Street Camp Hill, Pa 17011 Supreme Court ID #&1Z ' l N 5-3 M ya Z > zs. N l I , ?1t' Y ems. S6 x y :l LYNNE G. MOREY, ) Plaintiff ) ) VS. ) VANCE D. MOREY, ) Defendant ) AUG 2 OOf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6337 CIVIL TERM IN DIVORCE JOINT MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW come the above-named parties, by their attorneys, who execute this t motion on their behalf and with their authority, and jointly move the court to enter attached Qualified Domestic Relations Order to implement one of the terms of the ies' Property Settlement Agreement. L. Andef i for Plaintiff Joanne H. C Attorney for cli 1 (' J SS 4 r CUt p. ?lvofL`I1?U'J? ? ( S } M ?R. ? '?? , J4y aP t? ' !ts2 F ?m h LYNNE C. MOREY, IN THE COURT OF COMMON PLEAS Plaintiff' CUMBERLAND CO., PENNSYLVANIA NO. 99-6337 VANCE D. MOREY, CIVIL ACTION - LAW Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Plaintiff and Defendant and the subject matter of this Order; WHEREAS, Plaintiff, Defendant and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO") as the term is used under the Employee Retirement Income Security Act of 1974, as amended by the Retirement Equity Act of 1984 (FRiSA); and WHEREAS, Plaintiff and Defendant have stipulated that the Court shall enter this Order. SECTION 1. DEFINITIONS. As used in the Order, the following terms shall apply: (a) Participant shall mean Vance D. Morey, whose current address is 90 Tory Circle, Enola, PA 17025, who was bom on November 25, 1961, and whose Social Security number is 205-564098. ? (b) Alternate Payee shall mean Lynne C. Morey, whose current address is 101 Altoona Avenue, Enola, PA 17025, who was bom on April 20, 1962, and whose Social Security number is 198-58.8013. The Alternate Payee is the spouse of the Participant. (c) "Plan" shall mean the EDS 401(k) Plan. , (d) Plan Administrator shall mean the Benefits Administration Committee for the Plant xtu" SECTION 2. DATE OF MAItRIAGE. Participant and Alternate Payee were married on September 19, 1987 and were divorced on December 29, 2000. SECTION 3. AMOUNT OF BENEFIT TO BE PAID TO ALTERNATE PAYEE. The Alternate Payee is awarded the following interest in the Plan as her sole and separate property: Alternate Payee's interest in the plan shall be $24,000.00 of the Participant's vested account balance as of October 31, 2000, subject to earnings and losses subsequent to October 31, 2000. SECTION 4. TIMING AND FORM OF PAYMENT TO ALTERNATE PAYEE. As soon as practical after receipt of a copy of this order, the Plan Administrator, or its agent, shall create a separate account within the Plan for the benefit of Alternate Payee and transfer into that account tite amount calculated in accordance with Section 3 of this order. Thereafter, the Plan Administrator shall hold those funds for the benefit of Alternate Payee the same as if Alternate Payee was a proper participant in the Plan and Alternate Payee shall have all of the rights of such a participant with regard to her account within the Plan. SECTIONS. DEATH OF ALTERNATE PAYEE. Upon the death of the Alternate Payee prior to the receipt of distribution to the Alternate Payee, such benefits shall be distributed to the Alternate Payee's beneficiary on record or, if none, to the estate of the Alternate Payee per Plan. SECTION 6. DEATH OF PARTICIPANT. In the event of the death of the Participant after qualification, but prior to the receipt of a distribution to the Alternate Payee, the Alternate Payee shall be entitled to a distribution only to the extent provided under the Order. SECTION 7. MISCELLANEOUS. (a) The Participant shall cause a copy of this Order to be served on the Plan Administrator(s). This Order shall remain in effect until a further uruc, if this Court. Nothing contained in this Order shall be construed to require the Plan or Plan Administrator: (i) to provide to the Alternate Payee any type of form or benefit not otherwise available to the Participant under the Plan; (ii) to provide to the Alternate Payee increased benefits not available to the Participant; or t?, to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order determined by the Plan Administrator to be a QDRO before this Order is determined by the Pan Administrator to be a QDRO. (b) The Participant's account balance shall be reduced to reflect any payment pursuant to this QDRO and any subsequent payment to the Participant or to an Alternate Payee under a subsequent QDRO, shall reflect said reduction in the Participant's amount. (c) A separate account will be established for the Alternate Payee to whom payments are due. (d) In the event the Plan Administrator or its Agent does not approve the form of this Order, then each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Plan Administrator. (e) This Court retains jurisdiction to enforce, revise, modify, or amend this Order insofar as necessary to establish or maintain it s qualification as a QDRO, provided, however, neither this Order nor any subsequent revision, modification, or amendment shall require the Plan to provide any form or amount of benefits not otherwise provided by the Plan. (1) In the case of conflict between the terms of this QDRO and the terms of the Plan, the terms of the Plan shall prevail. The QDRO shall not be interpreted to provide anything otherwise impermissible under the terms of the Plan. (g) The Alternate Payee and the Participant shall (told the Plan (and its sponsor and fiduciaries) harmless from any liabilities that arise from following this QDRO, including all attorney fees that may be incurred in connection with any claims that are asserted because the Plan honors this QDRO. (h) To the extent that the Plan pays to the Participant any benefits that are payable to the Alternate Payee under this QDRO, the Participant shall be deemed to be a trustee holding the amount of such benefits in a constructive trust for the benefit of the Alternate Payee. The Participant is ordered to pay such amount to the Alternate Payee within thirty (30) after the receipt ofsuch amount. To the extent that the Plan pays to the Alternate Payee any benefits that are payable to the Participant under this QDRO, the Alternate Payee shall be deemed to be a trustee holding the amount of such benefits in a constructive trust for the benefit of the Participant. The Alternate Payee is ordered to pay such amount to the Participant within thirty (30) days after the receipt of such amount. (i) The benefits hereby assigned to Alternate Payee shall be paid to Alternate Payee not withstanding Participant's anticipated continued employment with EDS. Q) All benefits payable under the EDS 401(k) Plan, other than those payable to Alternate Payee, shall be payable to Participant in such a manner and form as Participant may elect in his sole and undivided discretion, subject only to the Plan requirements. (k) Plan Administrator is relieved of all liability/responsibility hereunder once all payments are made. (1) Alternate Payee is ORDERED and DECREED to report any payments received under the Plan on any applicable income tax return. Date: i- o SUBMITTED BY: BY: Attorneys for: EXECUTED BY: Vance D. Morey, art'c pant CL--7 ax Morey, Alt ate yee O,?p?