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HomeMy WebLinkAbout03-5709LAURA SCHULTE, Plaintiff, ANDREAS SCHULTE, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 'NO: · . CIVIL ACTION - LAW : 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 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 in divorce or annulment may he entered against you by the Court. A judgment may also he entered against you for another claim or relief requested in these papers by the Plainfi~. You may lose money or property or other rights impoc~mt to you, including custody or visitation of your children. When the ground for the divorce is indignities or ir~trievable breakdown of the man4age, you may request marriage eounsding. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania~ IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 TI-RS 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 17O13 (717) 249-3166 LAURA SCHULTE, ANDKEAS SCHI~TE, Dff~ndant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE COMPI,AINT IN DIVORCE AND NOW, comes the Plaintiff, Laura Schulte, by and through her attorneys, Mancke, Wagner & Spreha, and files the following Complaint in Divorce: 1. The Plainfff, Laura Schulte, is an adult individual currently residing at 1374 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant, Andreas Schulte, is an adult individual currently residing at 1815-A Willow Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 4. Plaintiff and Defendant are husband and wife having been married January 4, 1980, in Guatemala City, Guatemala. VERIFICATION I verify that the statements made in the foregoing document are true and correct. 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. LAURA SCHULTE, V. Plaintiff, ANDREAS SCHULTE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2003-5709 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER and SPREHA, do hereby certify that on this date a copy of the COMPLAINT IN DIVORCE was served upon the following person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States mail, Harrisburg, Pennsylvania, certified, restricted delivery, return receipt requested, and addressed as follows: Mr. Andreas Schulte 1815-A Willow Road Carlisle, PA 17013 Debra Ko Spinher, Secretary MANCKE, WAGNER & SPREHA 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Plaintiff DATE: 11/03/03 0E22. h2,~2. 9000 · Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the rnailpiece, or on the front if space permits. r9 Agent X .~'~'~T'-~ r-i Addressee B. Received by ('Pdnted Name) ....LC. Date of Delivery D. lsdeliveryaddrsssdifferent from item 17 [] Yee rticle Addressed to: 3. Service 'P/be ~--~rtifi~ Mall i'-I Express Mail ri Registered ;=~tetom Receipt for Memhandlse [] Insured Mail [] C.O.D. 4. Restdctod Delivery? (Extra Fee) Article Number ,,-,.,,~,,,,,,o,,,,0,.,.~,,,,.,., '9 ~ ~ ~ 5-0 cocrd q '1 ;;L~ '-1 ~%-'0 PS Form 3811, August 2001 Oomestic Return Receipt 2ACPRI-O3,Z-O985 LAURA SCHULTE, Plaimiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03~5709 CIVIL TERM ANDREAS SCHULTE, 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 October 30, 2003. 2. The marriage of Plaintiff and Defendant is irrelxievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. I verify that the statements made in this affidavit are Irue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. DATE: ~2-~o to [ OM- LAURA SCHULTE, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5709 C1VIL TERM ANDREAS SCHULTE, Defendant. : CIV~IL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION :3301(0 OF TI:I~ DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ffI 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 the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Laura Schulte DATE: '¢~ {o [ ~% LAURA SCHULTE, Plaintiff, ANDREAS SCHULTE, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5709 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFH)AVI~ OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 30, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final de~ree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in fids affidavit are Ixue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. DATE: Andreas Schulte LAURA SCHULTE, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03~5709 CIVIL TERM ANDREAS SCHULTE, Defendant. CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECRF. E UNDER SECTION 3301(¢) OF THE DIVORCE CO~E 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ffI 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 the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Andreas Schult~ DATE: LAURA SCHULTE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : NO: 2003-5709 - CIVIL TERM ANDREAS SCHULTE, Defendant. : CIVIL ACTION - LAW : IN DIVORCE PRAF~C1PE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: TRANSMIT the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(¢), 3301(d) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: Nove~nber 3, 2003, by certified mail, restricted dolivory, rOmm receipt requested. 3. (Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(¢) of the Divorce Code: By Plaintiff: 02/06/04 By Defendant: 02/07/04 (b) (1) Date of Exceuflon of the Plaintiff's Affidavit required Section 3301(d) of the Divorce Code: (2) Date of serviee of the Plaintiff's Affidavit unto the Defendant: 4. Related claims pending: None 5. (Complete ether (a) or CoL) Date and manner of service of the Notice of Intention to File Pmceipe to Transmit the Record, and allaeh a copy of said Notice under Section 3301(d) (1)(i) of the Divorce Code: Co) (¢) Date Plaintiff's Wavier of Notice was filed with the Prothonotary: 02/11/04 02/11/04 Date Defendant's Waiver of N05ie~~the Prothonotary: '-~Attorndyffor Plaintiff IN THE COURT OF COMMON PLEAS LAURA SCHULTE OF CUMBERLAND COUNTY STATE OF ~ PENNA. 2003-5709 CIVIL NO. VERSUS ANDREAS SCHULTE DECREE IN DIVORCE AND NOW, DECREED THAT AND LAURA SCHULTE ANDREAS SCHULTE , .~"~, It IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD 1N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONg PROTHONOTARY Laura Schulte Plaintiff : : VS. : : Andreas Schulte Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 03-5709 QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee as a result of a Prope[ty Settlement Agreement between the Participant and the Alternate Payee entered into on -/~-~0~. ~D~_~ . . 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. 3. This QDRO applies to the Lattice Group 401(k) Savings Plan ("Plan"). Further, this Order shall apply to 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. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution 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. 4. Andreas Schulte ("Participant") is a participant in the Plan. Laura Schulte ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Andreas Schulte 67 Haven Lane Elliottsburg, PA 17024 Social Security #: 537-86-7117 Date of Birth: March 4, 1958 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: QDRO Page 2 Laura Schulte 1374 Indian Peg Road Boiling Springs, PA 17007 Social Security #: 167-66-6511 Date of Birth: June 16, 1961 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $113,171.47 of the Participant's total account balance accumulated under the Plan. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account for her benefit. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary and the right to direct her Plan investments to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), 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. 16. In the event that the Plan 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 Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. QDRO Page 3 In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent'that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shah have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shah not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the comraencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. QDRO Page 4 22. 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. Accepted and ordered this /5'~ dayof /~,~-/ CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE Signature BY THE COURT DEFENDANT/PARTICIPANT Signature Date ~ Date ATTORNEY FOR PLAINTIFF/ ALTERNATE PAYEE Date ~f/c-) '~/// ATTORNEY FOR DEFENDANT/ PARTICIPANT Dat~t / LAURA SCHULTE, Plaintiff, V. ANDREAS SCHULTE, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 2003-5'709 : : CIVIL ACTION - LAW : : IN DIVORCE : NQTIC~ OF INTENTION TO RESUME PRIOR NAME NOTICE IS HEREBY GIVEN that the PLAINTIFF in the above matter, having been granted a final Decree in Divorce on the 19th day of February, 2004, hereby intends to resume and hereafter use the previous name of LAURA E. PORTILLO and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. Section 702 (effective July 1, 1980). LaUra E. Schulte TO BE KNOWN AS: Laura E. Portillo COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF I'L~k)~'~(~ : ON THE !~ day of ~V~b~ , 2~, before me, a Notary Public, personally appeared Laura E. Schulte, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, NOTAFIIAL S~ I have~reu_nto set my hand and seal.