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HomeMy WebLinkAbout83-1725VERNEDA A. HOLLINGER, Plaintiff ) vs. ) KENNETH S. HOLLINGER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -~ LAW N0. 1725 CIVIL 1983 ORDER OF COURT AND NOW this l 3 ~ day of 1'~-,f-~ , 2001, upon consideration of the attached Petition to Enforce the Qualified Domestic Relations Order, a Rule is hereby issued upon the Defendant, Kenneth S. Hollinger, to show cause, if any he has, why the relief prayed for in said Petition should not be granted. Said Rule to be served by certified mail or personal service and to be returnable ~ _ days from the date of service. BY T COURT, J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 Kenneth S. Hollinger (Defendant) / 250 Beetem Hollow Road, Newville, PA ~~^ it r ~ jt~ \ ~ ~.' .~ ~ V .. ... ~ . VERNEDA A. HOLLINGER, - Plaintiff ) vs. KENNETH S. HOLLINGER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -~ LAW NO. 1725 CIVIL 1983 PETITION TO ENFORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court to enforce the Qualified Domestic Relations Orcier previously entered in this matter, based upon the following: 1. The Petitioner herein is the Plaintiff, Verneda A. Hollinger, are adult individual who resides at 169 Willow Mill Park Road in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent herein is the Defendant, Kenneth S. Hollinger whose present address to the best of Petitioner's knowledge, is 250 Beetem Hollow Road in Newville, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are former husband and wife, having been divorced by a final decree in divorce entered by this court on 8 August 1986 to the above caption. 4. During the course of their marriage, Defendant was a participant in the Rite Aid Corporation pension in which he owed substantial and valuable benefits at the time of the parties separation. As part of the settlement agreement between the parties, they agreed to divide and distribute Defendant's benefits within the pension at the time he retired and commenced drawing those benefits. 5. To implement the agreement between the parties regarding Defendant's pension benefits, the parties had this court enter a Qualified Domestic Relations Order on the same day as the final decree in divorce was entered to divide and distribute those pension benefits. A copy of the Qualified Domestic Relations Order is attached hereto and marked as Exhibit A. 6. Plaintiff believes that Defendant retired from employment with Rite Aid Corporation and commenced receiving pension payments within the past several years. Plaintiff has requested Defendant provide information regarding his pension benefits and commence payment of her portion of them, calculated in accordance with the Qualified Domestic Relations Order. To date, Defendant has made no response and has not made payment of any pension benefits to Plaintiff. 7. Plaintiff has contacted Rite Aid Corporation to inquire about Defendant's pension benefits but, to date, has not received any information about those pension benefits and has still not received payment of her portion of them. 8. Defendant, by his conduct, has willfully, repeatedly and maliciously violated the terms of this court's Qualified Domestic Relations Order dated 8 August 1986. Defendant's conduct, in doing so, has injured Plaintiff by depriving her of her share of his pension benefits. WHEREFORE, Plaintiff prays this court, after a hearing, to do the following: A. Determine the portion of Defendant's pension benefits from Rite Aid Corporation which are due and owing to Plaintiff under the Qualified Domestic Relations Order previously entered in this case; and B. Order and direct Rite Aid Corporation or Defendant to pay Plaintiff's share of those pension benefits to Plaintiff from the date of this court's action thereafter; and C. Calculate the amount of pension benefits which should have been paid to Plaintiff since Defendant's retirement and compel Defendant to pay Plaintiff all of those back benefits; and D. Award Plaintiff her reasonable attorneys fees and costs incurred in enforcing this court's Qualified Domestic Relations Order; and E. Take such other action as is equitable or as is required to complete Defendant's performance of his obligations under the Qualified Domestic Relations Order of 8 August 1986. .~ -~!!=~ Sa L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12"' Street Lemoyne, PA 17043 (717) 761-5361 VERIFICATION verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). VERNEDA A. HOLL NGER t VERNEDA A. HC[.LINC~ER, ) IN THE Ct]~JRT OF COMHdrt Plaintiff ) PLEAS OF CUi~BERLAND COUNTY, PENNSYLVAIJIA vs. ) CIVIL ACTION -LAW RENNE`TH S. HOLLINGER, ) N0. 1725 CIV~. 1983 Defendant ) DQ~ffi'PIC ~LATIQ~S AND NUii, this ~~ f µ day of (c~'~-~ `~-t.{ ~ , 1986, upon consideration of the point '; mati~ of the Plaintiff and the Defendant made by their attorneys, Samuel L. Andes, of Andes ~ Vaughn, for the Plaintiff, and E, Robert Elieker, II, of Snelbaker, Elieker ~ Silve^, for t?~e Defendant, it is hereby ordered and decreed as follows: 1. The Defendant is the owner of certain pension rights and benefits in a pensio titled the 'Mite Aid Corporation pension", which said pension is marital property, and i.Z which Wife has a right to equitable distribution. AlI of the rights and benefits in such pension or retirement plan shall be divided in accordance with this order, and sT.zch division is hereby ordered pursuant to the Divorce Code of the Commonwealth of Pennsylvania in full satisfaction of the equitable distribution claims of each of the parties to such pension and its benefits. 2, The following findings are hereby adopted into this order of court: A. This order shall apply to the plan tilled "Rite Aid Corporation pension." B. T?~ plan participant is the Defendant, Kenneth S. Hollinger, whose address is R. D. 4, Box 189, Newville, Pennsylvania. C. The alternate payee under the agreement of the parties and pursuant to the proposed Qualified Docoestie Relations Order, is the Plaintiff, Verneda A. Hollinger, whose address is 169 Willow Mill Park Road, Mec~aniesburg, Pennsylvania, 17055. 4 D. The amount or percentage of the plan participant's benefits to be paid to the alternate payee shall be: When Kenneth S. Hollinger, the plan par~icipant, is entitled to receive benefits from the Rite Aid Corporation pension, he shall pay to Verneda A. Hollinger, the alternate payee, or cause to be paid directly to her by the entity making such pension payments to him, her marital share of the said pension as calculated in accordance with the following formula: 11 Wife's portion = monthly or ___ x 50~ of pension annual payments x total years of Husband's service used to calculate pension benefits E. The Qualified Domestic Relations Order shall apply for the entire term of Husband's benefits under such pension. 3. If Husband's pension benefits are lost, forfeited, or denied him for any reason, Husband shall litigate to a reasonable extent his claims for such pension so as ~'to preserve the pension rights for himself and for Wife. ~, To the fullest extent permissible under the plan at the time for such ;election, Husband agrees that he will elect a survivor's benefit to pay pension ~' benefits to Wife, Verneda A. Hollinger, following his death. In the event such an ~ele~etion is possible and reduces the monthly benefit to Husband fran such pension, the ~r~anthiy or annual receipts due Husband from such benefits in the formula above shall be reduced accordingly. The parties agree that, if Wife predeceases the date on which she is eligible to receive benefits from the said pension, her right to receive such ~;betsefits or payments, and her claim to them shall terminate with her death. 5. The Plaintiff and Defendant shall, at all times in the future, fully cooperate s~ith each other, their counsel, and this Court, to secure and effectuate and perform th+e provisions of this order relating to Husband's pension or retirement benefits and .. ..both parties shall cooperate with Defendant's employer and the union. of which he is a member, or their successors, to secure prompt and timely pension payments directly from such payment Hinds to each of the parties hereto in accordance with this Order of :Court. 6. This Court shall retain jurisdiction of this matter for any and al 1 puraoses relating to the said pension or retirement plans and benefits. BY THE C:0[1RT, --, ~ J, ,;"~. .;+~,~ .;x~: .;~: ti`s;. .;ties. ;,n. ;~• '.;+~'. •~ ~, .~. .yE. .~. .*, rlla'X' 7C~Ec: ?~:'~t7~ f ...~.. ...............~-~....-`„~-~` ' '~ r. ~ • • ~ '~'.. ~' ~ " .' I ~I "I-°~ I:~ COURT O F CO ~i/l MC) N PLEAS ~~ ~' Off" CUMBERLAN[~ COUNTY' ~~ ~ ~~; STATE OF PENNA. ~ ~: -~ ~ ~~ , ~~ .vE.~w:nA .~~ .xo .LZ~*c~x,.........._._..... _ Elazntiff and Counterclaim ~! N(). 1725 CIVIL 1983 o Vcrstts ~ff ~~ !f ~ENh~;TH S....IiO(.LINGER,............- • --- - •-----•----•--• Ltief~~ndant and Counterclaim ~~ ~~ ?~ R E E 1 IV ~ DEC ~ '~~ Dt VORCE ~ ~} nn ~ A~~ID iNC~W, .1~ .G~'`-:`.?!~....~ ... 19 . ~ ~°. , it is ordered and VERNEDA A. HOLLINGER r c~ec„~e~}d t~hr-t ................................................ plointiff, and Cgaur, t•er~~lnam defendant ..................... pn,;~ , , , , I{~1~F'~~. ,S ; HOLLINGER . ,, defendont,~,d ~• Cour+:ea:;la;m Plaintiff orE~ du~rorce ~ from the bonds of matrimony. ~ ~ "fh~~ c~:~urt retotns iur~sdiction of the following cioims which hove ~ berm i•oise'~~ of record in this oction for which o finol order has not yet ~ ber.-n ~enier~d: .~~ S ~Q-. ~ +#~ ~ 41D ~P 4llp # 910 q1-. +OA~ +~ ~D +! ~ ••~" +w ~ ~ ~I~-' ~" '~ a,~. ~ `~P i11C~ ~ dR- ~ c~ t ;~ c-: ---- ~~ ~ ~ =i __ ~ ~, __. Wiz; ; ~ .~