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HomeMy WebLinkAbout84-3754 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARY ANN MOORS : IN THE COURT OF COMMON PLEAS OF (now Mary Ann Bellanca), :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Civil Action -Law v. JOHN T. MOORS, Defendant 3754 Civil 1984 SECOND AMENDED QUALIFIED DOMESTIC RELATIONS ORDER FOR CENTRAL PENNSYLVANIA TEAMSTERS DEFINED BENEFIT PLAN SEPARATE INTEREST This Order is intended to serve as a Qualified Domestic Relations Order ("QDRO") by which a division and disposition of the Participant's benefit under the Central Pennsylvania Teamsters Defined Benefit Plan will be and is made according to the provision of sections 401(a)(13) and 414(p) of the Internal Revenue Code of 1986, as amended ("IRC") and Section 206 of ERISA, as amended, ("ERISA"). I. Identifying Information: The Participant is John T. Moore. The Participant's social security number is 163-36-6865. The Participant's address is 107 Bridge Road, Newville, Pennsylvania, 17241. 2. The Alternate Payee is Mary Ann Moore (now Mary Ann Bellanca). The Alternate Payee's social security number is 181-34-5176. The Alternate Payee's address is 234 Cherry Blossom Drive, Evans City, PA 16033-4202. The Alternate Payee's date of birth is November 30, 1943. 3. The parties were married on January 24, 1970 and divorced on February 27, 1987. The parties raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4. The Order applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. II. Method of Dividing Participant's Pension -Separate Interest: The Plan shall pay the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. Such portion shall equal the actuarial equivalent to One Hundred Twenty-Two Dollars ($122.00) per month based upon the Alternate Payee's life expectancy. Additionally, the Plan shall pay the Alternate Payee fifty (50%) percent of any lump sum distribution, if applicable, that accrued due to Participant's contribution prior to January 1, 1987. 2. The benefit shall be paid by the Plan in the form of a single life annuity over the life expectancy of the Alternate Payee determined on an actuarial basis. This form of benefit includes athree-year certain feature. If the Alternate Payee should die prior to receiving 36 months of benefits, the Plan shall pay benefits for the number of months remaining in the three-year period to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the surviving spouse, or if none, to the 2 Alternate Payee's estate. The Plan may commence payment to the Alternate Payee at the P'articipant's earliest retirement age. For the purposes of this Order, the Participant's earliest retirement age is the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan or (ii} the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service, regardless of whether the Participant has actually retired. 4. The Alternate Payee shall be treated as the Participant's surviving spouse under the Plan with respect to the extent of the dollar amount of the Participant's benefits awarded to her. If the dollar amount awarded to her exceeds the amount of the qualified pre-retirement survivor annuity, she will be treated as the sole surviving spouse and receive the entire qualified pre-retirement survivor annuity. III. Other Provisions: 1. It is recognized that the parties may need to provide certain information to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish eligibility for benefits. 2. This Order is intended to constitute a qualified domestic relations order within the 3 meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and 3 section 206(d) of the Employee retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. BY THE COURT: -_~ .~ ~~y G J . £'a 1 O\ V l•~~ 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARY ANN MOORE (now Mary Ann Bellanca), Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -Law 3754 Civil 1984 JOHN T. MOORE, Defendant PETITION TO CORRECT LANGUAGE OF ORDER 1. Petitioner is Mary Ann Bellanca (was Mary Ann Moore) whose current address is 234 Cherry Blossom Drive, Evans City, Pennsylvania 16033-4202, through her counsel, Barbara Sumple-Sullivan, Esquire. 2. Respondent is John T. Moore whose current address is 107 Bridge Road, Newville, Pennsylvania 17241. 3. On August 20, 2001, after Petition, a hearing was held in the above captic-ned matter for amendment of a Qualified Domestic Relations Order. 4. The hearing was not attended by the Respondent and the Respondent has raised no objections in the present action. 5. The purpose of the Order was to complete a Qualified Domestic Relations Order arising out of the parties' original divorce proceedings regarding Husband's Central Pennsylvania Teamsters Pension Fund. 6. After hearing the court signed a proposed Order which Petitioner believed would qualify as a separate interest pension for her specified portion of $122.00. A copy is attached as Exhibit "A." 7. Upon re-submittal to the counsel for the Central Pennsylvania Teamsters Pension Fund, it was determined that the Order as signed could not be qualified because paragraph 1 did not include the language of "the actuarial equivalent to $122.00 based upon the Alternate Payee's life expectancy." 8. The requested language does not materially change the order as signed as similar language was included in the second paragraph of the order and comports with the position taken by Petitioner at the hearing. The language had been offered as the proposed Order attached as Exhibit "F" but was clerically omitted from the signed Order. 9. In order to meet the qualifications of the Plan, Petitioner asks the Court to execute an amended QDRO reflecting the reference to "actuarial equivalent to $122.00 based upon the Alternate Payee's life expectancy." A revised proposed Order is attached hereto as Exhibit "B." 2 WHEREFORE, Petitioner respectfully requests this Honorable Court to enter the Amended Separate Interest QDRO as an Order of Court. Respectfully DATED: September ~, 2001 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court I.D. No. 32317 3 MARY ANN MOORE (now Mary Ann Bellanca), Plaintiff v. JOHN T. MOORS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -Law 3754 Civil 1984 AMENDED QUALIFIED DOMESTIC RELATIONS ORDER FOR CENTRAL PENNSYLVANIA TEAMSTERS DEFINED BENEFIT PLAN SEPARATE INTEREST This Order is intended to serve as a Qualified Domestic Relations Orde1• ("QDRO") by which a division and disposition of the Participant's benefit under the Central Pennsylvania Teamsters Defined Benefit Plan will be and is made according to the provision of sections 401(a)(13) and 414(p) of the Internal Revenue Code of 1986, as amended ("IRC") and Section 206 of ERISA, as amended, ("ERISA"). I. Identifying Information: 1. The Participant is John T. Moore. The Participant's social security number is 163-36-6865. The Participant's address is 107 Bridge Road, Newville, Pennsylvania, 17241. 2. The Alternate Payee is Mary Ann Moore (now Mary Ann Bellanca). The Alternate Payee's social security number is 181-34-5176. The Alternate Payee's address is 234 Cherry Blossom Drive, Evans City, PA 16033-4202. The Alternate Payee's date of birth is November 30, 1943. 3. The parties were married on January 24, 1970 and divorced on February 27, 1987. The parties raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4. The Order applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. II. Method of Dividing Participant's Pension -Separate Interest: 1. The Alternate Payee shall be entitled to a portion of the Participant's vested accrued benefits under the Plan. Such portion shall be equal to One Hundred Twenty-Two Dollars ($122.00) plus fifty (50%) percent of any lump sum distribution, if applicable, that accrued due to Participant's contribution prior to January 1, 1987. 2. The benefit shall be paid by the Plan in the form of a single life annuity over the life expectancy of the Alternate Payee determined on an actuarial basis. This form of benefit includes athree-year certain feature. If the Alternate Payee should die prior to receiving 36 months of benefits, the Plan shall pay benefits for the number of months remaining in the three-year period to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the surviving spouse, or if none, to the 2 Alternate Payee's estate. 3. The Plan may commence payment to the Alternate Payee at the :Participant's earliest retirement age. For the purposes of this Order, the Parti<ipant's earliest retirement age is the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service, regardless of whether the Participant has actually retired. 4. The Alternate Payee shall be treated as the Participant's surviving spouse under the Plan with respect to the extent of the dollar amount of the Participant's benefits awarded to her. If the dollar amount awarded to her exceeds the amount of the qualified pre-retirement survivor annuity, she will be treated as the sole surviving spouse and receive the entire qualified pre-retirement survivor annuity. III. Other Provisions: It is recognized that the parties may need to provide certain information to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish eligibility for benefits. 2. This Order is intended to constitute a qualified domestic relations order within the 3 meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and section 206(d) of the Employee retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. BY THE COURT: ~ ~ J. ;~ C1 G ~'f~E~E ~Y ~~ Tes~~ ~~ ~ ~~~~ -- ~ ~- ~ ;, r; ~ - -----~- 4 EXHIBIT "B" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 5717)774-1445 MARY ANN MOORE : IN THE COURT OF COMMON PLEAS OF (now Mary Ann Bellanca), Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -Law 3754 Civil 1984 JOHN T. MOORE, Defendant SECOND AMENDED QUALIFIED DOMESTIC RELATIONS ORDER FOR CENTRAL PENNSYLVANIA TEAMSTERS DEFINED BENEFIT PLAN SEPARATE INTEREST This Order is intended to serve as a Qualified Domestic Relations Order ("QDRO") by which a division and disposition of the Participant's benefit under the Central Pennsylvania Teamsters Defined Benefit Plan will be and is made according to the provision of sections 401(a)(13) and 414(p) of the Internal Revenue Code of 1986, as amended ("IRC"') and Section 206 of ERISA, as amended, ("ERISA"). I. Identifying Information: The Participant is John T. Moore. The Participant's social security number is 163-36-6865. The Participant's address is 107 Bridge Road, Newville, Pennsylvania, 17241. 2. The Alternate Payee is Mary Ann Moore (now Mary Ann Bellanc;a). The Alternate Payee's social security number is 181-34-5176. The Alternate Payee's address is 234 Cherry Blossom Drive, Evans City, PA 16033-4202. The Alternate Payee's date of birth is November 30, 1943. 3. The parties were married on January 24, 1970 and divorced on February 27, 1987. The parties raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4. The Order applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. II. Method of Dividing Participant's Pension -Separate Interest: The Plan shall pay the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. Such portion shall equal the actuarial equivalent to One Hundred Twenty-Two Dollars ($122.00) per month based upon the Alternate Payee's life expectancy. Additionally, the Plan shall pa.y the Alternate Payee fifty (50%) percent of any lump sum distribution, if applicable, that accrued due to Participant's contribution prior to January 1, 1987. 2. The benefit shall be paid by the Plan in the form of a single life armuity over the life expectancy of the Alternate Payee determined on an actuarial basis. This form of benefit includes athree-year certain feature. If the Alternate Payee should die prior to receiving 36 months of benefits, the Plan shall -pay benefits for the number of months remaining in the three-year period to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Funci office on request, or if no beneficiary is selected, to the surviving spouse, or if none, to the 2 Alternate Payee's estate. 3. The Plan may commence payment to the Alternate Payee at the Participant's earliest retirement age. For the purposes of this Order, the Participant's earliest retirement age is the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service, regardless of whether the Participant has actually retired. ~. The Alternate Payee shall be treated as the Participant's surviving spouse under the Plan with respect to the extent of the dollar amount of the Participant's benefits awarded to her. If the dollar amount awarded to her exceeds the amount of the qualified pre-retirement survivor annuity, she will be treated as the sole surviving spouse and receive the entire qualified pre-retirement survivor annuity. III. Other Provisions: It is recognized that the parties may need to provide certain inforrrtation to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating aclaim or application to the Fund and shall provide any documentation or information reasonably necessary to establish eligibility for benefits. 2. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and section 206(d) of the Employee retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 3. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. BY THE COURT: J. 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARY ANN MOORS : IN THE COURT OF COMMON PLEAS OF (now Mary Ann Bellanca), :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Civil Action -Law v. : 3754 Civil 1984 JOHN T. MOORS, Defendant C'FRTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing PETITION TO CORRECT LANGUAGE O:F ORDER, in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Mr. John T. Moore 107 Bridge Road Newville, PA ' -- ' ' DATED: September ~ 7 , 2001 ~ Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD. No. 3231 i' MARY ANN MOORE (now Mary Ann Bellanca), Plaintiff v. JOHN T. MOORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -Law 3754 Civil 1984 AMENDED QUALIFIED DOMESTIC RELATIONS ORDER FOR CENTRAL PENNSYLVANIA TEAMSTERS DEFINED BENEFIT PLAN SEPARATE INTEREST This Order is intended to serve as a Qualified Domestic Relations Order ("QDRO") by which a division and disposition of the Participant's benefit under the Central Pennsylvania Teamsters Defined Benefit Plan will be and is made according to the provision of sections 401(a)(13) and 414(p) of the Internal Revenue Code of 1986, as amended ("IRC") and Section 206 of ERISA, as amended, ("ERISA") I. Identifying Information: 1. The Participant is John T. Moore. The Participant's social security number is 163-36-6865. The Participant's address is 107 Bridge Road, Newville, Pennsylvania, 17241. 2. The Alternate Payee is Mary Ann Moore (now Mary Ann Bellanca). The Alternate Payee's social security number is 181-34-5176. The Alternate Payee's address is 234 Cherry Blossom Drive, Evans City, PA 16033-4202. The Alternate Payee's date of birth is November 30, 1943. The parties were married on January 24, 1970 and divorced on February 27, 1987. The parties raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4. The Order applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. II. Method of Dividing Participant's Pension -Separate Interest: The Alternate Payee shall be entitled to a portion of the Participant's vested accrued benefits under the Plan. Such portion shall be equal to One Hundred Twenty-Two Dollars ($122.00) plus fifty (50%) percent of any lump sum distribution, if applicable, that accrued due to Participant's contribution prior to January 1, 1987. 2. The benefit shall be paid by the Plan in the form of a single life annuity over the life expectancy of the Alternate Payee determined on an actuarial basis. This form of benefit includes athree-year certain feature. If the Alternate Payee should die prior to receiving 36 months of benefits, the Plan shall pay benefits for the number of months remaining in the three-year period to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the surviving spouse, or if none, to the 2 Alternate Payee's estate. The Plan may commence payment to the Alternate Payee at the Participant's earliest retirement age. For the purposes of this Order, the Participant's earliest retirement age is the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin. receiving benefits under the Plan if the Participant separated from service, regardless of whether the Participant has actually retired. 4. The Alternate Payee shall be treated as the Participant's surviving spouse under the Plan with respect to the extent of the dollar amount of the Participant's benefits awarded to her. If the dollar amount awarded to her exceeds the amount of the qualified pre-retirement survivor annuity, she will be treated as the sole surviving spouse and receive the entire qualified pre-retirement survivor annuity. III. Other Provisions: 1. It is recognized that the parties may need to provide certain information to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish eligibility for benefits. 2. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and section 206(d) of the Employee retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 3. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations orcier. ,', ~~~- :~~r-z r ~ 5 -~~~~ (z ~,~~--,~ 4 _, _. ,.. . _ ., ,,-,gib ,~. - _• _, .~ _..o~ t t Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARY ANN MOORE (now Mary Ann Bellanca), Plaintiff v. JOHN T. MOORE, Defendant 1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -Law 3754 Civil 1984 RULE ~ nn AND NOW, this ~ ~ day of 1.~., k- , 2001, upon consideration of Plaintiff's Petition for Special Relief and Enforcement, a Rule is issued upon Defendant, Jahn T. Moore, to show cause why the relief requested in Plaintiff's Petition should not be granted. Rule returnable in Courtroom ~u~~t~ ~ c~ , 2001. at 1 ~ - C1 r~ 1.i~'l for hearing on BY THE COURT: ~a,o~~ r 4 1/ y1''Cl~l~lS~!i~!?~ ~ { p ~ l~.l ...~ . ~. .. ,. r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 r , MARY ANN MOORE (now Mary Ann Bellanca), Plaintiff v. JOHN T. MOORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -Law 3754 Civil 1984 PETITION FOR SPECIAL RELIEF AND ENFORCEMEN'T' 1. Petitioner is Mary Ann Bellanca (was Mary Ann Moore) whose current address is 234 Cherry Blossom Drive, Evans City, PA 16033-4202. 2. Respondent is John T. Moore whose current address is 107 Bridge Road, Newville, Pennsylvania, 17241. 3. The parties were married on January 24, 1970 and divorced on February 27, 1987. The parties raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4. Respondent appeared pro se during the divorce litigation. 5. During the parties' marriage, Respondent was employed by the Central Pennsylvania Teamsters, and through said employment obtained retirement benefits through the Central Pennsylvania Teamsters Pension Fund (hereinafter referred to as "Pension Fund"). 6. After a Master's hearing, exceptions were filed as well as a Petition for 12econsideration, after which an Order was entered on March 23, 1987. Paragraph 5 of sand Order awarded Petitioner 50% of the interest Respondent's Teamster pension from the elate of marriage, July 29, 1970, to the date of the parties' separation on November 1, 198. 7. This Order further directed Respondent to forward a certified statement by the Trustee of the Pension Fund within twenty (20) days setting forth the information nE:cessary for the entry of a Qualified Domestic Relations Order (hereinafter referred to as "QDRO"). A copy of the March 23, 1987 Order is marked as Exhibit "A", attached hereto and incorporated by reference herein. 8. Because of Respondent's failure to return various items of personalty, pay certain monies and provide information regarding the pension as required by the March 2,3, 1987 Order, Petitioner filed for contempt. 9. On or about June 8, 1987, Respondent forwarded a copy of his annual Pension statement on June 8, 1987. A copy of said letter and statement is marked as Exhibit `B", attached hereto and incorporated by reference herein. 10. After a hearing on July 7, 1987, Respondent was found in contempt for his failure to comply with the March 23, 1987 Order and directed that he be committed to the 2 Cumberland County Prison. A copy of the Opinion and Order dated July 21, 1987 is marked as Exhibit "C", attached hereto and incorporated by reference herein. 11. An Order was entered on July 21, 1987 which modified the economic distribution portion of the March 23, 1987 Order wherein directing the Pension Fund to pay :Petitioner the sum of $122.00 per month for the life of Respondent, or fifty (50%) percent of any lump sum benefit. 12. On May 24, 1988, this Honorable Court entered an Order which was intended to be a qualified domestic relations order. A copy of the May 24, 198$ Order is marked as Exhibit "D", attached hereto and incorporated by reference herein. 13. On October 1991, Respondent filed a Petition to Amend or Modify Supplemental Order of Court wherein he requested that the July 21, 1987 Order be modified to eliminate Petitioner's entitlement to any lump sum benefit. 14. After consideration of the parties' pleadings and briefs, this Honorable Court issued an Order dated December 11, 1992 clarifying Petitioner's entitlement to any ]dump sum benefits to those benefits which were made from contributions made prior to 1987. A copy of said Order is marked as Exhibit "E", attached hereto and incorporated by reference herein. 15. The May 24, 1988 Order was never qualified by the Plan Administrator for the Pension 3 Fund. Petitioner has subsequently been advised that the said Order in its present format is not acceptable for qualification by the Plan. 16. Respondent is no longer employed by the Central Pennsylvania Teamsters. 17. Respondent is presently entitled to receive his retirement benefits but has elected not to do so. 18. The Plan Administrator advised that Respondent can elect not to receive his retirement benefits up until age 70 1/2. Respondent is presently 55 1/z years old (DOB: 12128!45). If Respondent so chooses, he can wait approximately another 15 years before receiving benefits from the Pension Fund even though he is presently eligible to receive same. 19. Petitioner will be severely harmed if she is forced to wait an additional 15'~ years before receipt of the benefits she is entitled to when said funds are available now. 20. In order to conclude this matter, a QDRO must be entered which is in conformity with the provisions of Summary Plan of the Pension Fund and then submitted for approval by the Plan. 21. The Pension Fund advised that this QDRO can be drafted two ways -one wherein payment is dependant upon when Respondent retires (or hereinafter referred to as "Shared Interest QDRO") or one where Petitioner can independently elect to receive her 4 r t r ~ proportionate share at a time separate from Respondent. The earliest time Petitioner can elect to receive her benefit is when Respondent is entitled to retire (or hereinafter referred to as "Separate Interest"}. 22. Counsel for Petitioner has drafted a Separate Interest QDRO which is in conformity with the Summary Plan of the Pension Fund. A copy of said QDRO is marked as Exhibit "F" and incorporated by reference herein. 23. Because the May 24, 1988 Order contains language which links Petitioner's payments with Respondent "for the life of Participant," it is unclear whether this is a shared interest or a separate interest was intended. 24. The intent of the Divorce Code is to untie the parties' hands so that they can establish separate lives. 25. Respondent's refusal to elect to receive his benefits now from the Pension Fund which will allow Petitioner to receive her proportionate share is unreasonable and detrimental to Petitioner. 26. Respondent has a history of non-compliance and obstruction in this matter. 27. There is the means before this Court to forever untie the parties' hands and finally resolve this matter. 5 28. Petitioner requests this Honorable Court to approve the Separate Interest: QDRO for entry as an Order which will allow Petitioner to elect to receive her proportionate share independently of Respondent's election to receive his share of the marital asset. WHEREFORE, Plaintiff respectfully requests this Honorable Court to ]Enter the Separate Interest QDRO as an Order of Court . DATED: V , 2001 Respectfully ,- - l~Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 6 { t ~ . ~•~ n ~ _ 1 \ ~~ 1 1 4:. MARY ANN MOORE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYI'.,VANIA CIVIL ACTION-LAW V. JOHN T. MOORE, DEFENDANT 3754 CIVIL 1984 IN R.E: PETITION FOR RECONSIDERATION OF THIS COIIRT'S ORDER OF FEBRDARY 25, 1987 BEFORE BAYLEY, J. ORDER OF COIIRT AND IrOW, this 23rd day of March, 1987, treating husband's petition dated March 16, 1987 to amend this Court's order of February 25, 1987 as a petition for the reconsideration of that order, except •aith respect to the entry of the final decree in divorce dated February 25, 1987, which petition has been answered by the plaintiff, the petition for reconsideration, is GRANTED. Paragraphs 1 through 9 of the order of February 25, 198'7 and this Court's amended order of March 18, 1987, are vacated and replaced with this final order on the economic dispute between t;he parties: ?. The husband is awarded non-marital property consisting of the solid silver service that he received as a gift :From his Aunt Helen; 2. The wife is awarded non-marital property consisting of ti;e silver service she received as a gift from her grandmother, tocether •aitn 'r,er inherited diamond ring and her antique bowl and ,, 1 3754 CIVIL 1984 r'1 '' pitcher set. The husband is directed to turn over to wife within ten (10} days of this date, any of the said items of non-marital property under his control; 3. The husband is directed to cash the joint certificates of deposit in his control totalling $8384.87 and to make distribution to his wife within ten (10) days of this date, of $4192.43, plus one-half of any interest earned on said certificates above $8384.87. The remaining one-half of said certificates together with one-half of accumulated interest over $8384.87, is awarded to the husband; 4. Each party shall pay $1006.90 representing one-half of the costs of suit.l Within twelve (12} days of this date the wife, who has deposited $700 with the Prothonotary, is directed to deposit with the Prothonotary the difference in the amount she owes and the costs assessed; i.e., $306.90. Within twelve (12} days of this date, the husband is directed to deposit with the Prothonotary the costs assessed against him in the amount of $1006.90. The Prothonotary is then directed to make distribution of the costs as set forth 'herein; 5, The wife is awarded 50$ of the interest in husband's -rested Teamster pension from the date of marriage, July 29, 1970, to the date of the parties' separation on November 1, 1984. t~ithin twenty {20) days of this date the husband is directed to have filed with the Prothonotary, to be forwarded to this judge, l Tote costs are: Master's fee $1300; Prothonotary poundage $21; lr°~sUrer SIO; Law Library .50C; transcript charge of Geiger & Lcria Reporti,^.g Serc-ice $578.80, total $2013.80. i -2- .-' I ~ r -. y ~ ~ ~ f 3754 CIVIL 1984 a certified statement by the Trustee of his Teamster's pension fund setting forth the information necessary for this Court, pursuant to this award, to enter a qualified Domestic Relations Order in the form required by the Retirement Equity Act of 7.984, 29 USCA §1056.2 The Court, after providing counsel for wife' an opportunity to review and comment on the certification, will then enter a supplemental order in such form;3 6, The remaining marital property is distributed as follows: TO WIFE: Personalty and furniture in her possession 365.00 Equity in the marital home 31,232.50 Plus cash necessary to equalize distribution 5,896.50 TOTAL 37,494.00 TO HUSBA~e`D Personalty and furniture in his possession 7,158.00 Travel trailer in his possession 5,000.00 Remaining equity in the marital home, valued for buy-out purposes at $31,232.50, minus $5896.50 necessary to equalize distribution 25,336.00 TOTAL 37,494.00 2 See Yohn v. Yohn, 35 Cumberland L.J. 582 (1985). 3 We consider the implementation of the directives in paragraphs I through 5 of this order as necessary to protect and preserve the interests of the parties even if there is a direct appeal of this order taken by any party to the Superior Court of Pennsyivar.ia, 'rye have the power and duty to protect a party's rights to the equitable distribution of property, See Lazovitz v. Lazovitz, 307 Pa. Superior Ct. 341 (1982). In~r;ediate Anforcener.t Pro~eedirgs will be instituted if either parts fails to conpiy as direc~ed. -3- . i~ ~- ' ~ ~V `' 3754 CIVIL 1984 ~~~ > 7. Husband may pay_to wife the remaining cash due for her s~arital distribution pursuant to paragraph 6, i.e., $37,1.29 by paying her $30,000 cash not later than April 1, 1987 and by paying her the remaining $7129 in cash not later than July 1, 1987. The $7129 shall carry interest from April 25, 1987 until paid in full at the rate of IO$ per annum on the unpaid balance. Upon the final tendering of the total $37,129 due together with a deed in fee simple for the marital real estate wife shal]_ execute said deed to husband transferring to him all her right, title and interest in said property. Should such a settlement take place, the husband by this order, shall hold his wife harmless for the liens on said real estate to Farmers Trust Company, Farm Credit and C. V. Cooperative.4 8. If husband does not make settlement as provided for in paragraph 7, wife may petition this Court to order the sale of the marital home and real estate under terms and conditions to. be set by the Court. Wife shall receive a total payment of either $37,129 or one-half of the net proceeds after the payment of all costs of sale, including court costs, and satisfaction of: liens, whichever is greater;5 9. Each party shall pay all counsel fees individually incurred by them. 4 See Footnote 3 of opinion in support of this order dated February 25, 1987. See Footnote 5 of opinion in support of this order dated February 25, 1987. -4- -. , ~ ~, ' ..., ,~--. _. r'."; • 3754 CIVIL 1984 - - ~ Marcus A. McRnight, Esquire ~~ ~~. -~`~- ~'~' 3~~ ~ ~: For Plaintiff John T. Moore, pro se ~-~L-~ ~`~. 31'~ 3 j8 0 ~ Defendant '~ :bll ~~~ i /, -': F k, ~. ,,; ,, .,, :,: :~ ., '> \ y;: ~~t f~*1 *~ ` -c y3.*t~ fit. ~i`,o ~,~~~~ ~ `F ~~ • 1qi "i' ~ ' s `r. °}r . +~ . ~.~ i ty tr - e f f-:e~j" V ~ n ;, Y,7:~ ~~ , ,r ~ ~ ~ `1~ ~,t~-~.-.-.- _~~; ~ } ~'1 ~ ~ ..~ /fir .c~-~ 7 ~ ~ l.! , ~1~' ~ l ~' -fi ~- d ' ~. ~-' ~ V j _ 3L' `~~ ~ f~ c~ ~ r~ l ~ rte ~~~ ~ . ~ : ~ ~~--- '~/ (~ ~~ rtih~~ ~ ~~l ~~- I r'J ~ f ,t ~ S , "" ~ r ^ lrG'~t S `l i~~.J`''^--'- ,,J7 1. ~, ~'j ~ ~ -' y'f' j J. -(. j =.~' ` ~~~ L~~ `J ?J ~J `,,~` / ~ ~-~ , i '~ ' Y .^ 1 f1 `.J \", ~' l __--- ~, ~,_~-~ ,'~, ~„~ 986 ESTIMATED PLAN I ANNUAL STATEMENT FOR CREDITS EARNED ONLY IN THE ~~33 ss--8g66 CENTRAL PENNSYLVANIA TEA"ASTERS PENSION FUND ' ~OQR~JAGKST ;: Q 4/23/87 - R"~iT.3 ~ 8©X.'31 NEMYIL-LE = PA. ~ IZ241 _ iOCJLL. 81RT}I ACiE OA f E t. VMtONNO.• 43Q 2. DATE- I2/28/~+5 ]. WHENNIRED- 2~j a. COVERED- 7/OZ/7~r s. ORIGINAL E}~PLOYEA wMEN covEFED- G A RO L I N A F R E I 6 NT CAR d- ORIGINAL DATE HIRED- 2/QI/7I ?LEASE. CON7aC7 YOUR EM?LCYER :F ?xt$ DATE !$ tNCOAREC? A$ YOUR ORIGINAL 'cMPLOYER V~ILL HAVE TO SUBMIT THE CORRECT DATE. IN YVRITING If YOU kAVE ANY DIFFICULTY 1N 08?AINING THIS INFORMATION, PLEASE CONT;,CT 'GUR LOCAL UNION EUSINESS AGENT, 7, LASTCONTRIBUTINCEt~(PLOYERPRIORTO- I2/31/8b CAROLiFiA >^REi&HT CARRIEfts G©RP E. L,hST CONTAlBUt10N fNCLUDED- DEC-, 86 9. PLAN AT- DEG EMBER 3I, 1986 i 10. SPOUSE-S INFO: 4AME OF SPOUSE AFIGELA K SOC. SEC. NO. OF SPOUSE- i85-~tO-'I282 8lRTkDATE Dr SOUSE- 3/28IS I !F rOU ARE MARRIED. IT=_+.+ ~C MU$? BE SUBMITTED PLEASE USE THE ENCLOSED CARD 11. NORl,/AL RETIREMENT DATE- QI! ZOQ33 PHIS IS THE FIRST DAY ~ -Ti-{E ltIJIVTH FOLLOIiING YOUR 57TH BIRTHDAY AND FNE GDI`tPLETit3N OF IO .YEARS! OF .SERVICE. INCLUDING AT LEAST 3 YEARS OF SERif-IGE AS AFd AGTIYE PARTIGLPANT- UNDER PLANS H AND/OR I. 72 aHNUl.L BENEFIT ACCRUAL- Zb• 5b Fl3•Tl3R E BENEFIT ACCRUAL S 5.40 ;7+~ iS THE A40UNT ;p.RNED EAC`+ YEAR YOU WORKED AT LEAST !5Q!` NOUpS. 13- 1',-Ap iN K-}{iCN ACCRUED BE.HEFTS ARG VESTED- ,.Q$~ CAiENDAA CP.EOr, SERVICE VESTED BENEFIT TEA R S HOURS YEARS YEARS YEARS gq 77 II TO 197b G 2280 II p 1977 G 2306 ~ i i.0 1978 G 2054 i L 3.D 1479 H 2030 I 1 1.0 I980 N 2170 I 1 1.0 1981 H 2OI5 I 1 i.D 1982 H 2044 I 1 1.0 3983 I 1903 I 1 1.0 I984 I - 2015 1 1 i.0 I985~ I 1997 1 1 I98b I 2068 I I I.0 TL3 DATE 12 12 FUND COPY ACCRUED BENEFITS 2 6 .56 26.56 2 6.56 26.56 26.56 26.56 26.5b 3.3 . ~ ~--------- --- 3 1 b ! _ c '~~ ~_~. 30 7. i6 r~ ~`_~ ` - __ _. ~~ MARY ANN MOORS, PETITIONER V. JOHN T. MOORS, - RESPONDENT F , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 3754 CIVIL 1984 I8 R3: PBTITION TO HOLD RSSPOHI)BF~ IH COHTSlH?"! BEFORg BAYLEY, J-- OPII~IONf AAID ORDER OF COIIRT On March 23, 1987, this Court entered a final order of economic distribution of property in the above captioned divorce action. Neither party filed an appeal front this order.. On June 15, 1987, plaintiff filed a petition to hold defendant in civil contempt of court for failing to comply with the order' of March 23, 1987. Petitioner avers that the respondent has refused to turn over to her property consisting of a silver service, a diamond ring and an antique bowl and pitcher set as he was directed to do in paragraph 2 of the economic order. Petitioner further avers that the respondent has failed to turn over to her the interest on the sum of $4192.43 as required in paragraph 3 of that economic order. Additionally, petitioner avers that respondent has not provided the information required by paragraph 5 of the eco.^.omic order regarding his Teamster pension benefits. On June 12, 1987, a Rule was entered to show cause why attachment :,hould not issue. A hearing was held on June 30, 1987, after which the Court teade the Rule absolute. A hearing On ~' „~' ~~ s. ~,,,~ ~..~+ ' 3754 CIVIL 1984 the contempt citation was held on July 7, 1987, after which respondent was adjudicated in contempt.l This opinion is written in support of this Court's order of adjudication and disposition.2 T T G~/~Ti ~ r T /9!7 Paragraph 5 of the economic order sets forth that wife is awarded 50$ of the interest in husband's vested Teamster pension from the date of marriage, July 29, 1970, to the date o.f the parties' separation on November 1, 1984. Husband was directed to file with the Prothonotary, a certified statement by the Trustee of his Teamster pension fund setting forth the information necessary for this Court to enter a qualified Domestic Relations Order in the form required by the Retirement Equity Act of 1984, 29 USCA §I056. Respondent has provided a written statement from the Central Pennsylvania Teamster Pension Fund as to his vested pension rights from employment he commenced in this area in 1975. We will enter an appropriate supplemental order to protect petitioner's marital interest in that Fund. Respondent has not 1 This five step procedure is essential in this type of civil contempt adjudication. See Cahalin v. Goodman, 280 Pa. Superior Ct. 228 (1980}. 2 Although not raised in the petition for contempt, petitioner notes that respondent has not finalized the payment to her of the sum of $7129 with 10$ interest per annum from April 25, 1487, to effectuate a buy-out of the marital property pursuant to paragraph 7 of the economic order of March 23, 1987. Zn this regard petitioner's remedy is set forth in paragraph 8 of the order. She may petition, this Court to order the sale of the :~.arital home and real estate under terms and conditions to be set by t:~e Court. -2- 9. ~;i ~'~ N~ 3754 CIVIL 1984 provided documentation for that period of time when he worked for Carolina Freight Carriers Corporation in the Pittsburgh area starting on February 1, 1971, for approximately four and one-half years. He has testified that his vested pension right:a covering those years of employment is administered by the Western Pennsylvania Teamsters Pension Fund. We will enter an order requiring him to obtain the necessary documentation from said Fund for the purposes of entering a supplemental order to protect petitioner's marital interest in that Fund. We will not hold him in contempt because at this stage we are satisfied that. respondent has not wilfully sought to circumvent paragraph 5 of our order of March 23, 1987. Next, we find as a fact that the certificate of deposits which we divided equally between the parties were cashed by the respondent on April 1, 1985. Our order required respondent to turn over one-half of said funds, $4192.43, 'which he has done, with interest which means the 8$ interest the certificates would have earned from the date respondent cashed the certificates and took control of the proceeds. Since the specific rate of interest was not set in our order of March 23, 1987, we do not believe that respondent has wilfully failed to pay this interest to date. We will not hold him in contempt but enter a supplemental order requiring him to make this payment within ten (10) days of this date. Lastly, after considering the credibility of all of the witnesses and reviewing the entire evidence, we find as a fact tzar respondent has intentionally and wilfully hidden and -3 • ~y~ Y 1 i ~ ~ 3754 CIVIL 1984 (//~ 1,.. 4.,~4 .. ~/ , ~ secreted the silver service, diamond ring and antique bowl and pitcher set that he was ordered to turn over to petitioner within ten (10) days of March 23, 1987. A civil adjudication of contempt coerces with a conditional or intermediate sentence of which the contemnor may relieve himself by obeying the Court's order. See Grub v. Grub, 326 Pa. Superior Ct. 218 (1984). When the contempt is civil in nature the court must impose conditions on the sentence so as to permit the contemnor to purge himself; he must be allowed to carry the keys to the jail in his pocket. Respondent may purge himself of contempt by turning over the subject items to petitioner. Alternatively, we will allow him to Burge himself of contempt by paying money to petitioner :in an amount we find reasonable and just, and that he is capable of paying. Accordingly, the following order is entered: ORDER OF COIIRT AND NOw, this 21st day of 3uly, 1987, this Court having adjudicated the respondent in civil contempt on July 7, 1987, it is ordered he is committed to the Cumberland County Prison. He may purge himself of contempt by doing the following: Turning over to petitioner the silver service, diamond ring and antique bowl and pitcher set referred to in paragraph 2 of this Court's economic order dated March 23, 1987. In lieu of the above, the respondent may purge himself of contempt by making a payment to petitioner in the amount of $3000 for the silver service; $2500 for the diamond ring and $1500 for the antique bo~rl and pitcher set. (Faying these sums does not relieve respondent of the responsibility ~o turn over the items of -4- ~- r - ~, 3754 CIVIL 1984 personal property to petitioner; it only affords him a means of purging himself of civil contempt to obtain his release from confinement. Should said funds be paid and the location of the personal property is later discovered,_a-~urther petition for relief will be considered). Marcus A. McRnight, Esquire For Plaintiff John T. Moore, pro se Defendant R. D. Y3, Bridge Road Newville, Pennsylvania 17013 :bll -5- r- ~ -- ~" _ ~ V_j '~,, MARY ANN MOORE, PLAINTIFF V. JOHN T. MOORE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 3754 CIVIL 1984 IN RS: SUPPLBl4EH'rAL ORDER OF COIIRS BSFORB B13,YLEY, J. -- ORDER OF COURT AND NOW, this 21st day of July, 1987, paragraph 5 of this Court's economic order dated the 23rd day of tiarch, 1987 is supplemented as follo;~s: 1. The participant in the Teamsters Pension Plan of the Central Pennsylvania Teamster's Pension Fund is Jack T. Moore of R. D. #3, Box 31, Fridge Road, Newville, Pennsylvania 17241. 2. The payee of the following benefits of the participant, Jack T. Moore, shall be Mary Ann Moore Bellanca of R. D. #4, Box 159, Carlisle, Pennsylvania 17013. 3. From the Central F~nnsylvania Teamster's Pension Fund, the Trustee is directed to pay the sum of One Hundred Twenty-two (5122.00) Dollars per month from the list retirement age of the participant for the life of the participant, or fifty (5013) per cent of ary lump sum benefit paid to tl~a,participant, to Mary Ann .- Moore Bellanca, the gayee. By the Cou~'t, ~. ~ ~ Edgar B. Bayley, J. ~i ~~ .: _`;,. ..L..»~~~ ~ _~f . .:' ,i !. i ~' . _ J ,~ ~-. 1. JOHN T. MOORE, ~. MARY ANN MOORE, IN THE COURT OF COMMOr1 PLEAS OF Plaintiff CUD'SERLAND COUr1TY, PEr1t~SYl_VANiA v. CIVIL. ACTIOSI - LA1J 3754 CIVIL 1984 Defendant Ir1 DIVORCE ORDER OF COURT Ar1D r!0'h', this Z_ day of tray , 1°&8, this Court enters the following ccncerning the pension of the Defendant, John T. Hoore: 1. The participant in the Teamster's Pension Plan of the Central Pennsylvania Teamster's Pension Fund and the 4Jestern Pennsylvania Teamster's Pension Fund is Jack T, rioore of R, tQ. #3, Box 31, Bridge Road, Newville, Pennsylvania 17041. 2. Tne payee of thF: following benefits of the partic- Pant, Jack T. HoGre, shall be Mary Ann Moore Sellanca c` R. ~. ~, Sox 1~9, Carlisle, Pennsylva~°~ja ii^i3. 3. From the Central Pennsylvania Teamster's Pension Fund,, the ~rus~~a .s directed to pay the sun of One Hundred T:r~nty-Two and ~of,;0 (,1%?.00} QG?larS per mo^'.n fror;, the Z~;t ~'etire..'nent age :` the p~.rticipant for the life of "~~ participant, or fifty ~~ti'r~e'ri` ~~i}}'.~ of ;:.'1;1 lump SU~'t b("~.'`jC it pdi,' tC i'he participant _~ i } s f :. ~'.; ~ _ 4, t~ ~- _- to .9ary Ann Moore Bellanca, the payee. 4. This Order is made pursuant to the provisions of the Pennsylvania Divorce Code, 1980, April 2, P, 1. 63, No. 26 as amended 23 P. S. 101 et seG. ...~ 5 . It is intended that this Order be qualified pursuant to the to*ms cf Section 414 of the Internal Revenue Code and Section 206 of E.R.S.A. Judge r P i i 1 i i 'i. _. :, . ... ~. .: _ ~ ^- r MARY ANN MOORS, Plaintiff V. JOHN T. MOORS, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 3754 CIVIL 1984 IN RE: PETITIOFI TO AMEND OR MODIFY SUPPLEMENTAL ORDER OF COURT MEMORANDUM OPINION AND ORDER OF COURT Before HOFFER. J. and BAYLEY. J. SOFFSR, J.: _ This divorce action commenced in 1984, and the parties were divorced by a decree on February 25, 1987. Pursuant 'to the equitable distribution of marital property, the court on July 21, 1987, issued a Supplemental Order directing the trustee of defendant's pension fund to remit $122.00 per month to the plaintiff, beginning on the date of defendant's listed retirement. The trustee was also ordered to pay fifty percent of any lump sum benefit paid to the defendant. In August 1987 defendant filed a Notice of Appeal to the S~.:perior Court. The appeal was la~:er dismissed because the defendant failed to file a brief. The defendant submitted a Petition to Amend or Modify the Supplemental Order of Court in October 1991. Defendant's concern is that lump-sum payments he may receive, which accrued post- separation, will be distributed to the plaintiff-wife. Accordingly, he seeks amendu;ent of the Order of July 21, 1987 to deny wife any lump-swm payments. In her brief, wife seeks to preserve her right to the lump-sum distribution of funds accruing +~ 1 t ~;~ ~ i .. . `~ ~`_ , .. t , ~ ~ ' prior to 1987. After careful consideration of the parties' pleadings and briefs, the Order of July 21, 1987, is amended as follows: ORDER OF COURT AND NOW, ~ C , 1992,, the Court enters the .following Order concerning the pension of the defendant, John T. Moore: From the Central Pennsylvania Teamster's Pension Fund, the trustee is directed to pay the sum of $122.00 per month from the list retirement age of the participant for the Life of the participant, John T. Moore, to Mary Ann Moore Bellanca, the payee. If any lump-sum distribution is to be made to the participant, the trustee is directed first to notify Mary Ann Moore Bellanca, and to indicate whether the distribution is from contributions made prior to 1987. The payee, Mary Ann Moore Bellanca, is entitled to fifty percent of the distribution of pension benefits which accrued prior to January 1, 1987. The trustee is directed to make such payments directly to Mary Ann Moore Bellanca, the payee. Any post-1987 retirement benefits distributed, including those in lump-sum, shall be paid directly to the defendant participant. The payee, Mary Ann Moore Bellanca, is required to notify the trustee in writing of her current address. By the Court Goo E ffer, J. :~:arcus A. Mc:~night III, Esquire John T. Moore ror the Plainoff_ 107 Bridge Road Newville, PA 17241 tt ~ ~ i. ''"-•'' ~ :~ .'~ ~ . i :';y ~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARY ANN MOORE (now Mary Ann Bellanca), Plaintiff v. : JOHN T. MOORE, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -Law 3754 Civil 1984 AMENDED QUALIFIED DOMESTIC RELATIONS ORDER FOR CENTRAL PENNSYLVANIA TEAMSTERS DEFINED BENEFIT PLAN SEPARATE INTEREST This Order is intended to serve as a Qualified Domestic Relations Order ("QDRO"} by which a division and disposition of the Participant's benefit under the Central Pennsylvania Teamsters Defined Benefit Plan will be and is made according to the provision of sections 401(a) (13) and 4140 of the Internal Revenue Code of 1986, as amended ("IRC") and Section 206 of ERISA, as amended, ("ERISA"). I. Identifying Information: 1. The Participant is John T. Moore. The Participant's social security number is 163-36-6865. The Participant's address is 107 Bridge Road, Newville, Pennsylvania, 17241. 2. The Alternate Payee is Mary Ann Moore (now Mary Ann Bellanca). The Alternate Payee's social security number is 181-34-5176. The Alternate Payee's address is 234 Cherry Blossom Drive, Evans City, PA 16033-4202. . ~) ~ ~ ' The Alternate Payee's date of birth is November 30, 1943. 3. The parties were married on January 24, 1970 and divorced on February 27, 1987. The parties raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4. The Order applies to benefits under the Central Pennsylvania Teamsters Defined Benefit-Plan. II. Method of Dividing Participant's Pension -Separate Interest: 1. The Plan shall pay the Alternate Payee a portion of the PartiEipant's vested accrued benefit under the Plan. Such portion shall equal the actuarial equivalent to One Hundred Twenty-Two Dollars ($122.00) per month based upon the Alternate Payee's life expectancy. Additionally, the Plan shall pay the Alternate Payee fifty (50%) percent of any lump sum distribution, if applicable, that accrued due to Participant's contribution prior to January 1, 1987. 2. The benefit shall be paid by the Plan in the form of a single life annuity over the life expectancy of the Alternate Payee determined on an actuarial basis. This form of benefit includes athree-year certain feature. If the Alternate Payee should die prior to receiving 36 months of benefits, the Plan shall pay benefits for the number of months remaining in the three-year period to a beneficiary selected by 2 _ .. ~~ _ ,: the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the surviving spouse, or if none, to the Alternate Payee's estate. 3. The Plan may commence payment to the Alternate Payee at the Participant's earliest retirement age. For the purposes of this Order, the Participant's earliest retirement age is the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service, regardless of whether the Participant has actually retired. 4. The Alternate Payee shall be treated as the Participant's surviving spouse under the Plan with respect to the extent of the dollar amount of the Participant's benefits awarded to her. If the dollar amount awarded to her exceeds the amount of the qualified pre-retirement survivor annuity, she will be treated as the sole surviving spouse and receive the entire qualified pre-retirement survivor annuity. III. Other Provisions: 1. It is recognized that the parties may need to provide certain information to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably 3 1 ~ ~ ~ ~ , ~ ~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARY ANN MOORE : IN THE COURT OF COMMON PLEAS OF (now Mary Ann Bellanca), :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Civil Action -Law v. 3754 Civil 1984 JOHN T. MOORE, Defendant CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, :l served a true and correct copy of the foregoing PETITION FOR SPECIAL RELIEF AND ENFORCEMENT, in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Mr. John T. Moore 107 Bridge Road Newville, PA 17`'"' DATED: ~ Q , 2001 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 v ~- / ~~ 1 August 13, 20Cl1 Judge Edgar Bailey Court House High and Hanover Street Carlisle, PA 17013 Re. Moore {now Bellanca) v. Moore Docket No. 3754 Civil 1984 John T. Moore 107 Bridge Rd. Newville, PA 1.7241 ,,~, : , ~ 1 r~ ;, ~ ~3- ~, ~;,. - I am writin~ to ask for a continuance in the above captioned case. Last Friday August 10 I was released from the Carlisle Hospital after a two week stay. I had a heart attack. My heart doctor is Dr. Line, 243-6~-57 and my family Dr. is Dr. Preston 776-3114. I am to take it easy for a while and then I believe I may need some by-pass surgery. At this point I just do not know how much time to ask for. After I meet with the doctor I will be in touch and tell the court what the Dr. said. Very Truly Yours, ~.~,~ ~~ John T. Moore `~.~.; CLEARY & JOSEM ~~P ~~~ .- JOSEPH T. CLEARY' ATTORNEYS AND COUNSELLORS AT LAW SUITE 300 NEW JERSEY OFFICE WILLIAM T. JOSEM' 450 TILTON ROAD, SUITE 220 1420 WALNUT STREET MARILYN T. JAMAIN NORTHFIELO, NEW JERSEY 08225 PHILADELPHIA, PENNSYLVANIA 19102.4097 REGINA C. HERTZIG' (609j 407-0222 JEREMY E. MEYER' FAX (609j 484-0897 (215j 735-9099 FAX (215j 985-1666 ALSO ADMITTED IN NEW YDRK ANO NEW JERSEY • ALSD ADMITTED IN NEW JERSEY a~ January 3, 2001 Heather A. Barbour, Paralegal Law Offices of Harold S. Irwin, III Hitner House, Suites 201 and 202 35 East High Street Carlisle, PA 17013 Re: Central Pennsylvania Teamsters Pension Fund Moore v. Moore, Supplemental Order of the Court Participant: Jack T. Moore, Sr., SS# 163-36-6865 Alternate Payee: Mary Ann Moore Bellanca, SS# Dear Ms. Barbour: As you know from prior correspondence, this firm represents the Central Pennsylvania ~ i ~,~ t iliiu icCel"it ' r f ,.:~ Pamsters Pension rund (the "rund"). "'"~ - ly received a "SunplQmentaI Orde_ o_ ' Court" dated July 21, 1987 directing the Fund to pay the Alternate Payee One Hundred l~wenty- Two-DoIlars ($122.00) per for the Life of the Participant, or Fifty percent (50%} of any lump sum benefit. ~ This is to advise you that the Fund cannot comply with the order. _~- Under Section 41~(p) of the Internal Revenue Code of i 986, as amended ("`IRC"), 26 U.S.C. ~414(p} and Section 206(d) of the Employee Retirement Income Security Act of 1974, as ...-aP.~ r«>r p ; c ,~~~), 20 T r c r § l OS6~dl ±h.: Fund is generally required to provide the benefits required under the Plan documents and ,s prohirs.~ed from z~sig;~:.b ter ali:.nu:irg .h:, ca:ticiYa:-*_c benefits, except, among other limited circumstances, pursuant to a_Qualified Domestic Relations Order ("QDRO"). A domestic relations order is "qualified" only if it satisfies certain legal requirements as set forth in the above sections of IRC and ERISA. These requirements are set forth in the Central Pennsylvania Teamsters Pension Fund Domestic Relations Order Procedure, a copy of which was sent to the Participant and Alternate Payee's representative upon this office's receipt of the order and was "cc.ed" to you. ~.~~.~ ,~ ~ :«> Heather A. Barbour, Paralegal January 3, 2001 Page The order submitted does not qualify as a QDRO because: (1) [t does not identify the Plan to which it applies. Although the order correctly identifies the Fund by name, please be advised that the Fund is comprised of three different Plans: The Defined Benefit Plan ("DBP"), the Retirement Income Plan 1987 ("RIP87") and the Retirement Income Plan 2000 ("RIP00"). The DBP is a traditional pension plan. The RIP87 and RIP00 are defined contribution plans in which a participant's benefit is determined with reference to the balance in a bookkeeping account ("Account") to which are credited employer contributions, net earnings (income, loss, gains, expenses) and forfeitures, as of a quarterly valuation date. The only forrn of beaef t available to an alternate payee u.~der the DBP is a single life annuity (with three- year certain) for her ;ife, or a portion cif the participant's benefits payable monthly over the participant's life. Under the RIP87 and RIP00, an alternate payee may elect a lump sum cash payment, installment payments, or an annuity. According to Fund records, Mr. Moore has accumulated benefits under both the RIP87 and the DBP.' Section 206(d)(3)(C) of ERISA, 29 U.S.C. §1056(d}(3)(C), and Section -11~(p)(2)(D) of the IRC, 26 U.S.C. §414(p)(2)(D) require that an order may only qualify as a QDRO only if it identifies "each plan to which such order applies." Because the :Participant has accumulated benefits under more than one Plan administered by the Fund, the orcler does not sufficiently identify the Plan to which it applies. Accordingly, the order must be :modified to state that it applies to the Central Pennsylvania Teamsters Pension Fund and also identify to which Plan(s) it applies (RIP87 or DBP or both). (2) The order does not provide enough detail concerning how the Participant's interest in the Plan shall be divided between the Participant and the Alternate Payee. Generally, with regard to the RIP87, the alternate payee is assigned a portion of the participant's accumulated benefits and those funds are segregated into a separate account in the alternate pa.yee's name as of a given segregation date. Thereafter, the alternate payee's account is separately credited with all gains.. losses, or expenses until the date of final distribution. With regard to the DBP, a portion of the participant's monthly benefit is assigned to tilt aieiilati: p~ry,;~ and s p.id either as a ".shared" cr `'sc~aiaic" riicr~,s~ (Ee:.alis~, t'~e order states that the payments shall be for thN iii- ~~f tiir Participant, it is likely the parties intended a "shared interest"). In addition, a DBP order generally states whether the alternate payee shall be treated as the participant's surviving spouse for the purposes of the Qualified Pre-Retirement Survivors Annuity ("QPSA"). Enclosed for your review are copies of the Fund's Model Domestic Relations Orders for the RIP87 and the DBP. The Participant has not accumulated any benefits under the RIP00. In addition, the RIP00 was not in existence on the date of the order, having been formed on January 1, 2000. Furthermore, the RIP87 was created on January 1, 1987 which may be after the date the parties divorced. If so, only the Participant's interest in the DBP would be marital property subject to distribution by the court. '" ~` ''~ - Heather A. Barbour, Paralegal January 3, 2001 Page 3 (3) Finally, the order does not provide the Alternate Payee's social security number. While there is no legal requirement that a QDRO contain the Alternate Payee's social security number, the Fund would require that information for its own administration of the Alternate Payee's interests created by an order. Therefore, the Alternate Payee's social security number should be inserted in the order when it is revised. If you have any questions or comments regarding this matter, please contact me. The parties should feel. free to submit a revised proposed domestic relations order before submitting the matter to court. Any final signed order should be submitted directly to the Fund to the attention cf Richard ~_. Weiler. Pension Benefits Manager, Central Pennsylvania Teamster Pension Plan, P.O. Box 15223, Reading, PA 1961-523. Very truly yours .~' !G y E. Mey Enclosures cc: Jack T. Moore, w/encl. .Marcus A. McKrigh:, Esquire, u~!encl. Joseph J. Samolewicz, Administrator, w/o encl. Richard Weiler, Pension Benefits Manager, w/o encl. ,. .T ^~' JOSEPH T. CLEARY' WILLIAM T. JOSEM' MARILYN T. JAMAIN REGINA C. HERTZIG' JEREMY E. MEYER` ' A130 ADMITTED IN NEW YORK ANO NEW JERSEY ~ ALSO ADMtTTEO (N NEW JERSEY CLEARY & JOSEM LLP ATTORNEYS AND COUNSELLORS AT LAW SUITE 300 1420 WALNUT STREET PHILADELPHIA, PENNSYLVANIA 19102-4097 (215J 735-9099 FAX (215] 985-1666 a~ March 26, 2001 Barbara Sample-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Re: Central Pennsylvania Teamsters Pension-Fund Moore v. Moors, Supplemental Order of the Court Participant: Jack T. Moore, Sr., SS# 163-36-6865 Alternate Pavee: Mary Ann Moore Bellanca, SS# 181-34-5176 Dear Ms. Sample-Sullivan: NEW JERSEY OFFICE 450 TILTON ROAD, SUITE 220 NORTHFlELD. NEW JERSEY 08225 (609J 407-0222 FAX (609) 484-0897 As you know from prior correspondences, this firm represents the Central Pennsylvania Teamsters Pension Fund ("Fund"). I have reviewed your letter dated March 23, 2001 as well as the enclosed orders. In your letter you inquired: (1) whether Mr. Moore is currently in pay status, (2) whether the May 24, 1988 order (hereinafter "1988 order") may be qualified Linder "the plan in 1988", and (3} whether the proposed amended domestic relations order ("amended order") meets the requirements of the plan. First, Mr. Moore, although currently eligible for early retirement, has not yet retired and thus is not receiving any pension benefits from the Fund at this time. Thus, even if the below order were qualified immediately, the Alternate Payee would not be receiving any benefits. Second, the 1988 order would not be deemed by the Fund's Trustees a Clualified Domestic Relations Order, as that term is defined in section 414(p) of the Internal Revenue Code of 1986, as amended ("IRC"), and section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). We would reach this conclusion both under the current Plan and when the 1988 order is considered in light of how the Fund was structured in 1988.' I It is not clear why it is relevant whether the Fund would have qualif ed the 1988 order if it had been submitted in 1988. Whenever an order is submitted to the Fund the Trustees will only qualify the order if it meets the current requirements of a QDRO. Thus, even if the order met the requirements for a QDRO in 1988 but not the current requirements, the Fund would still not qualify the 1988 order. ~xH~ ;~~: .. *: Barbara Sumple-Sullivan, Esquire March 26, 2001 Page 2 As discussed in my letter dated January 3, 2001, under Section 206(d)(3)(C) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 LJ.S.C. § 1056(d)(3)(C), and Section 414(p)(2)(D) of the Internal Revenue Code of 1986, as amended ("IRC"), 26 U.S.C. §414(p)(2)(D) require that an order may only qualify as a QDRO only if it identifies "each plan to which such order applies." The Fund presently administers three different Plans: The Defined Benefit Plan ("DBP"), the Retirement Income Plan 1987 ("R[P87") and the Retirement Income Plan 2000 ("RIP00").2 Furthermore, according to Fund records, the Participant has accrued benefits under both the RIP87 and the DBP. Because the 1988 order references only the "Central Pennsylvania Teamster's Pension Fund" without specifying a particular plan, it does not sufficiently identify the plan to which it applies. With regard to the amended order, Ll';is iJ ru udvr~;e y:?ti t:'.;it if Sit`^::,•a~'i`f tl'..`. ~rrr!.3tlriate court and submitted to~he Fund, it could be deemed by the Fund's Trustees to be a Qualified Domestic Relations Order, as that term is defined in section 414(p) of the IRC, acid section 206(d) of ERISA. Upon receipt of a signed order, the Fund would interpret the provisions of the order as set forth in the remainder of this letter. The amended order only applies to the Fund's Defined Benefit Plan. The name, address, and social security number of the Participant are as follows: Jack T. Moore, Sr. 107 Bridge road Newville, PA 17241 SS# 163-36-6865 The name, address and social security number of the Alternate Payee are as follows: Mary Ann Moore Bellanca 234 Cherry Blossom Drive Evans City, PA 16033-4202 ;-;-1: +o+ ~~ - --~ The amended order provides that the Alternate Payee shall receive a shared interest in the Participant's vested accrued benefits under the DBP equal to One Hundred Twenty-Two Dollars ' In 1988 the Fund administered two Plans, the DBP and the RIP87, then called the '`Retirement Income Plan" and by 1988 the Participant had already accrued benefits under both Plans. Barbara Sumple-Sullivan, Esquire March 26, 2001 Page 3 ($122.00) of the Participant's monthly pension.3 Payments to the Alternate Payee will begin when the Participant first receives pension benefits and will cease at the Alternate Payee's death. If the Participant dies before the Alternate Payee, the Alternate Payee shall be treated as the Participant's surviving spouse for the purposes of the qualified pre-retirement survivor annuity ("QPSA") and the qualified joint ;and survivor annuity ("QJSA"). Furthermore, the Participant shall be required to elect a fifty (.50%) joint and survivor annuity. However, if the Participant is married at the time of death, the Alternate Payee's monthly benefit under the QPSA or QJSA shall not exceed $122 per month. Any remaining benefits shall be paid to the Participant's spouse at the time of his death. If the Parti.cipazit is nct marrieu at the tii7ie of I:is death, the Alternate Pa~ree shall receive the entire amount of the QPSA or QJSA. If you have any questions or comments regarding this matter, please do not hesitate to contact the undersigned. If the above interpretation of the amended order does not reflect the intentions of the parties, please feel free to submit a revised proposed order. In thf; alternative, the parties may submit a final, signed copy of the amended order directly to the Fund for qualification to Richard R. Weiler, Pension Benefits Manager, Central Pennsylvania Teamsters Pension Plan, P.O. Box 15223, Reading, PA 19612 - 5223. Very truly yours, ~~ ~ ~emy E. Meye cc: Jack T. Moore Joseoh :T. 3amolewicr, Administrator Richard Weiler, Pension Benefits Manager '' The amended order also provides that the Alternate Payee would receive fifty percent of any lump sum distribution, if applicable. Please note that under the DBP there generally is no lump sum distribution of benefits. LAW UFFIGES BAI~BAI~A SUMPLE-SULLIVAN 549 BRIDGE STREET NEW GUMBERLA\'D, PEIr':~TSYLVAI~7IA 17070-1931 PHONE (717) 774-1445 FAX (7U) 774-7059 April 19, 2001 Jeremy E. Meyer, Esquire Cleary and Josem, LLP 1420 Walnut Street, Suite 300 Philadelphia, PA 19102-4097 Re: Participant: Jack T. Moore, Sr. SS# 163-36-6865 Alternate Pee: Mary Ann Moore Bellanca, SS# 181-34-5176 Dear Mr. Meyer: Thank you for your letter dated March 26, 2001. I needed some further clarification from you. First, I understand your position that while Mr. Moore is currently eligible for early retirement, he has not yet retired. It is your position that Mrs. Bellanca would have to wait until he did retire to receive any payments. However, the court order establishing the right of Mrs. Bellanca indicates that she should receive $122.00 per month from the "list retirement age of the participant". Under the wording of that order, it would appear that when Mr. Moore reached eligibility, she would be able to take her specified sum. Interpretation in any other way, in fact, would lead to defeat her separate interest as is already accrued. Mr. Moore, by his failure to retire when he is eligible, causes forfeiture of her fixed right. Please advise if the order can be deemed to be effective as a separate interest with the payment being made to her presently. Secondly, since I understand that Mr. Moore is not currently employed with the Teamsters, is there a mandatory withdrawal date? If no withdrawal is taken priol• to his death, how does this impact the survivor annuity? This information will be helpful to me in determining the present cash value of Mrs. Bellanca's interest in this asset. Thank you for your further consideration in this regard. VE Barbara Sumple-Sullivan 1 BSS/ld cc: Ms. Mary Ann Bellanca ~ ~ ,~ ~rti .r+ i .1 r JOSEPH T. CLEARY' WILLIAM T. JOSEM' MARILYN T. JAMAIN REGINA C. HERTZIG' JEREMY E. MEYER' ' ALSD ADMITTED IN NEW YORK ANO NEW JERSEY ~ ALSO ADMITTED IN NEW JERSEY CLEARY & JOSEM ~~P ATTORNEYS AND COUNSELLORS AT LAW SUITE 300 1420 WALNUT STREET PHILADELPHIA, PENNSYLVANIA 19102-4097 (215) 735-9099 FAX (215) 985-1666 Q Apri123, 2001 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Re: Central Pennsylvania Teamsters Pension Fund Moore v. Moore, Qualified Domestic Relations Order Participant: Jack T. Moore, Sr., SS# 163-36-6865 Alternate Payee: Mary Ann Moore Bellanca, SS# 181-34-5176 Dear Ms. Sumple-Sullivan: NEW JERSEY OFFICE 450 TILTON ROAD, SUITE 220 NORTHFIELD, NEW JERSEY 08225 (sos) ao7-o22z FAX (609) 464-D697 I am writing to respond to the questions raised in your letter dated April 19, 2001. Regarding the timing of payment of benefits to Ms. Bellanca, my conclusion that benefits may not be paid to the Alternate Payee until Mr. Moore actually retires is based on Section II, Paragraph 2 of the Amended Qualified Domestic Relations Order you submitted. The first sentence of the paragraph states "Benefits to the Alternate Payee are payable only as, if, and when the Participant receives his payments." Furthermore the heading to Section II states that the Alternate Payee shall receive a "shared interest" pension. While a "separate interest" pension allows payment to the Alternate Payee to commence at any time following the earliest retirement date, a "shared interests simply diverts a portion of the beref is paid to a participant to a designated alternate payee. Accordingly, payment of a shared interest can only commence after the participant begins receiving benefits. Before that time, there are no benefits to divert to the alternate payee. As you suggested, a solution to the problem would be to redraft the order to create a separate interest pension. I note that the "Amended Qualified Domestic Relations Order" was drafted following the Fund's Model Domestic Relations Order. If you still possess a copy of the Model Order, the easiest way to redraft the Order to be a separate interest is to replace Section II of the Amended Order with the separate interest provisions set forth in the Model Order. If you need another copy of the Model Order, please contact Richard Weiler, Pension Benefits Manager, at 610-320-9240. As for your questions regarding the mandatory withdrawal date and the effect on the ~X ~ .` ~ _, ,, Barbara Sumple-Sullivan, Esquire April 23, 2001 Page 2 survivor annuity, Mr. Moore may delay receiving his benefits until he is 70-1/2 years old. Generally, when a participant retires, his benefits will be paid retroactively to his earliest retirement date. However, if the participant works beyond his normal retirement date in a job ~--~ -- which is in the same industry as he originally worked while covered by the Fund but his employer does not have a collective bargaining relationship with the Teamsters, his benefits will not be retroactive and will commence as of the date he decides to retire. If Mr. Moore dies prior to retiring, Ms. Bellanca would be eligible to receive a portion of the survivor annuities, assuming the QDRO states that she should be treated as surviving spouse. I hope that the above sufficiently answered your questions. If you have any further questions or require an~ additional assistance, please do not hesitate to contact me. Very truly yours, J MY E. MEYER cc: Jack T. Moore Joseph J. Samolewicz, Administrator Richard Weiler, Pension Benefits Manager U JSSEPH T. CLEARY' WILLIAM T. JOSEM' MAAILYN T. JAMAIN REGINA C. HERT2IG' JEREMY E. MEYER' ' A150 ADMITTED IN NEW YORK AND NEW JERSEY ~ ALSO ADMITTED IN NEW JERSEY LJ CLEARY & JOSEM LLP ATTORNEYS AND COUNSELLORS AT LAW SUITE 300 1420 WALNUT STREET PHILADELPHIA, PENNSYLVANIA 19102-4097 (215) 735-9D99 FAX (215) 985-1666 ~1 July 20, 2001 Mr. John T. Moore 107 Bridge Road Newville, PA 17241 Re: Central Pennsylvania Teamsters Pension Fund Moore v. Moore, Supplemental Order of the Court Participant: Jack T. Moore, Sr., SS# 163-36-6865 Alternate Payee: Mary Ann Moore Bellanca, SS# 181-34-5176 Dear Mr. Moore: NEW JERSEY DFFICE 450 TILTON ROAD, SUITE 220 NORTHFIELD, NEW JERSEY 08225 (609J 407-0222 FAX (609j 484-0897 ~o~~ I am writing in response to your letter dated July 12, 2001 in which you discussed your wishes concerning payment of your pension to your former spouse, Mary Ann Moore Bellanca. Your letter explains that you have not retired and do not wish any payment to be made from your pension until after you retire. You also state that you have offered to pay $6,000.00 to your former spouse to settle the issue with your pension. First, I should explain my role in this process. I represent the Central Pennsylvania Teamsters Pension Fund, a retirement fund that you have been a participant in for several years by virtue your work in a job represented by the Teamsters. The Fund is not a party to your divorce, but the divorce court ordered that a portion of your pension be paid to your ex-wife. By law the Fund only has to comply with orders that qualify as a "Quali led Dorr~estic Relations Order" (QDRO). As one of the Fund's attorney, I evaluate orders submitted by divorce attorneys to see if they can be considered to be a QDRO under the law and the terms of the applicable pension Plan. My only role, however, is to decide if an order complies with the law and the terms of the Plan. I cannot reject an order if one of the parties tells me that he think the method of dividing the pension is unfair. Nor can I agree to have the matter dropped in exchange for $6,000.00 paid to your ex-wife. As the representative of the Fund, I am legally required to be neutral with regard to both you and your ex-spouse. Thus, I cannot side with either you or your ex-spouse if you have a dispute as to how to divide your pension. Such disagreements must either be worked out between you and your ex-wife or decided by a judge in the court that ordered your divorce. You have been receiving correspondence between Barbara Sumple-Sullivan, Esquire and myself. Ms. Sumple-Sullivan is Ms. Bellanca's current attorney and she has submitted several ~ k i-r S ~. Mr. John T. Moore July 20, 2001 Page 2 different orders for me to determine whether they may legally be considered to be a QDRO. Currently, there are two different proposed versions of the order, a "separate interest" order and a "shared interest" order. Both versions seek to divide your pension in half, giving both you and Ms. Bellanca 50% of the benefits you accrued under the Plan as of December 31, 1986. However, each order does so in a different way. Under the separate interest order', Ms. Bellanca would be allowed to receive payments from the Plan prior to the date you retire. Under the shared interest order, Ms. Bellanca would have to wait until after you begin receiving payment from the Plan before she could receive any benefits. There are several other differences between the separate interest and shared interest orders which will have an effect on how your pension is divided. Because your interest in your pension is at stake, I suggest that you to consult with a lawyer on this matter to assure that your interests are protected. If you have any questions, please call. Very truly y urs, ~, ERl~/MY E. M~ cc: Barbara Sumple-Sullivan, Esquire Joseph J. Samolewicz, Administrator Richard Weiler, Pension Benefits Manager .~ - •• ~ ~ ~ rJOSE~T. CLEARY' WILLIAM T. JOSEM' MARILYN T. JAMAIN REGINA C. HERTZIG' JEREMY E. MEYER~ "ALSO AOMITTEO IN NEW YORK ANO NEW JERSEY • ALSO AOMITTEO IN NEW JERSEY CLEARY & JOSEM LLP ATTORNEYS AND COUNSELLORS AT LAW SUITE 300 142D WALNUT STREET PHILADELPHIA, PENNSYLVANIA 19102.4097 (215) 735.9099 FAX (215J 985-1666 0 NEW JERSEY OFFICE 450 TILTON ROAD, SUITE 220 NORTHFIELD, NEW JERSEY 06225 (609J 407-0222 FAX (609) 484.0897 July 26, 2001 Barbara Sumple-Sullivan, Esquire 5-^T9 Bridge Street New Cumberland, PA 17070-1931 Re: Central Pennsylvania Teamsters Pension Fund Moore v. Moore; Supplemental Order of the Court Participant: Jack T. Moore, Sr., SS# 163-36-6865 Alternate Payee: Mary Ann Moore Bellanca, SS# 181-34-5176 Dear Ms. Sumple-Sullivan: As you know from prior correspondence, this firm represents the Central Peru~sylvania Teamsters Pension Fund ("Fund"). I have reviewed the proposed domestic relations order (which assigns the Alternate Payee a "separate interest" in the Participant's interest in the Defined Benefit Fund) that you submitted to the Fund on behalf of the above-referenced parties. I am writing to advise you that the order, if signed by the appropriate court and submitted to the Fund, could be deemed by the Fund's Trustees to be Qualified Domestic Relations Orders, as that term is defined in section 414(p) of the Internal Revenue Code of 1986, as amended ("IRC"}, and section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA";-. The order only applies to the Fund's Defined Benefit Pian. The name, address, and social security number of the Participant are as follows: Jack T. Moore, Sr. 107 Bridge road Newville, PA 17241 SS# 163-36-6865 The name, address and social security number of the Alternate Payee are as follows: Mary Ann Moore Bellanca 234 Cherry Blossom Drive Evans City, PA 16033-4202 SS# 181-34-5176 ~k~~ .4r~+ Ft+.. n Barbara Sumple-Sullivan, Esquire July 26, 2001 Page 2 The order provides that the Alternate Payee shall receive a separate interest pension which is actuarially equivalent to One Hundred Twnety-Two Dollars ($122.00) of the Participant's accrued monthly benefits accrued as of December 31, 1986. The benefits paid under this plan shall be in the form of a single life annuity over the life of the Alternate Payee determined on an actuarial basis. If the Alternate Payee dies prior to receiving 36 months of payments, the balance of those 36 months will be paid to the beneficiary indicated on a Beneficiary Designation Form filed by the Alternate Payee, or, if no such form is filed, to the Alternate Payee's estate. Payment of benefits to the Alternate Payee shall commence when the Participant reaches his "earliest retirement date" as that terms is defined in Section 206(d)(3)(E) of ERISA and Section 414(p)(4) of the=IRC. Under the current terms of the Plan, this means that an alternate payee will receive benefits when a vested participant reaches age 57, normal retirement age, or when the participant has reached age 55 and has completed 20 years of service. Under the current terms of the Plan, no earlier distribution is permitted. In addition, please note that on July 16, 2001, I received a handwritten note from Mr. Moore in which he stated "I have not retired + do not want any benefits from my pension pd. to anyone.... When I retire, then Mary Ann Bellanca can start to receive my benefits." I copied your office in my response dated July 20, 2001. However, on the basis of the above language in the July 16, 2001 letter, it appears that Mr. Moore wishes that the Alternate Payee not commence receiving benefits until the date he actually retires-a characteristic of a shared interest pension. As I informed Mr. Moore in my July 20, 2001 letter, the form of payment must be either agreed to between the parties or ordered by the judge. Whether the Alternate Payees interest is a separate or shared interest should therefore be worked out between the parties, if possible. If you have any questions or comments regarding this matter, please do not. hesitate to contact the undersigned: If the above interpretation of the amended order does not reflect the inter:tions of rho parties, please feel. free to submit a revised proposed order. In the alternative, the parties may submit a final, signed copy of the amended order directly to the Fund for qualification to Richard R. Weiler, Pension Benefits Manager, Central Pennsylvania Teamsters Pension Plan, P.O. Box 15223, Reading, PA 19612 - 5223. Very truly yours, ~~~~ ~ E. MEYER Enclosure cc: Jack T. Moore Joseph J. Samolewicz, Administrator Richard Weiler, Pension Benefits Manager NE PROTHONOTARY 2911 DEC 22 PM 2' 31 MARY ANN MOORE (novv MARY ANN :IN THE CO 1-16 OF BELLANCA), Plaf :CUMBERLAND C LVANIA : CIVIL ACTION - LAW V. NO. 3754 CIVIL 1884 JOHN T. MOORS, dart s IN DIVORCE MOTION FOR A RULE TO SHOW CAUSE NOW comes the plaintiff, b her attorney, Harold S. Irwin, III, Esquire, and presents this motion for a rule to show cause, presenting as follows: 1. Petitioner is MARY at 16950 Amberson Road, 2. Respondent is 107 Bridge Road, Nev 3. The parties were this term and number on BELLANCA, plaintiff in this action, an adult individual residing g Run, Pennsylvania 17262. 4 T. MOORE, defendant in this action, an adult individual residing at Cumberland County, Pennsylvania 17241. on January 24, 1970 and divorced by decree of this Court at y 27, 1987. 4. On or about Septe ber 28, 2001, this Court entered a Second Amended Qualified Domestic Relations Order hereinafter QDRO). Copies of this Order are attached hereto as Exhibit W and incorporate * herein by reference. 5. Paragraph 11. 1. oft QDRO provided that upon the plaintiff was entitled to receive a portion of defendant's mon hly Teamsters' retirement plan payments, such portion to equal the actuarial equivalent to $122.00 per month based upon her life expectancy. Additionally, in the same paragraph the QDR provided that plaintiff was to receive 50% of any lump sum distribution, if applicable, t at accrued due to defendant's contribution prior to January 1, 1987. 6. Paragraph II. 3. of the QDRO provided that the plaintiff was entitled to receive these portions of the defendant's retirement benefits upon the defendant reaching his earliest retirement age, regardless of whether the defendant had actually retired. 6. Paragraph 11. 3. of the QDRO provided that the plaintiff was entitled to receive these portions of the defendant's retirement benefits upon the defendant reaching his earliest retirement age, regardless f whether the defendant had actually retired. 7. The defendant has eached his earliest retirement age and, although defendant has not claimed his portion of the retirement payments to which he is entitled, the plaintiff has begun to receive monthly Teamsters pension payments of approximately $128.00. 8. On October 21, 201 , plaintiffs counsel sent a letter to defendant, requesting that he provide documentation from the Teamsters' retirement plan of any lump sum distribution to which he is entitled or may acre already received. A copy of this letter is attached as' Exhibit "B" and incorporated herein by 9. On November 10, 2011, plaintiffs counsel met with defendant, at which time defendant stated that he believed he may be entitled to a substantial lump sum distribution from the Teamsters' pension, but th it he would not cooperate with the plaintiff in accordance with his obligations under the QDR because he believed that the plaintiff had not fully paid her initial attorney, Marcus A. McKni ht, Esquire, for his services during the divorce proceeding. 10. Plaintiffs counsel communicated with Attorney McKnight and received the following email reply from Afton ey ;CKnight's assistant: Mr. Irwin: According to our losed file records, File #'10039 (Mary Ann Moore- Bellanca) Miscslla us Matters, Divorce, Etc. was pulled from our archives and provided to you on November 29,1995. We did not make a copy of the! file when it was transferred to you. Attorney McKnighl? stated that there are no funds due and owing to our firm. Thanks, Marti. 11. On November 14, 2 11, plaintiff's counsel sent another letter to defendant, informing him of the response from A omey McKnight's office and again requesting his cooperation in obtaining plaintiffs share o any lump sum distribution to which the defendant is entitled. A copy of this letter is attach as Exhibit "C" and incorporated herein by reference. 12. To date, defendant or to perform his obligation QDRO. 13. Defendant has order requiring him to 14. The defendant has in fact, previously adjudica provisions of the Orders of as failed and refused to communicate further with ,plaintiffs counsel with regard to the lump sum distribution provided for in the parties' breached the terms of the parties' QDRO and is subject to an ally perform the terms thereof. history of non-compliance and obstruction in this matter and was, 1 in civil contempt and imprisoned for failure to comply with various its Court 15. Furthermore, by virt a of his unqualified breach of the parties' QDRO, defendant should be found in contempt and required to reimburse to the plaintiff the costs and attorney fees she has incurred by reason of this action. WHEREFORE, petitioner n show cause why he should perform the terms of the pa and her counsel to obtain tl reimburse plaintiff for her al December 13, 2011 quests your Honorable Court to enter a rule upon the defendant to iot be found in contempt and why he should not be required to ties' QDRO by fully and expeditiously cooperating with the plaintiff e share of any lump sum distribution to which she is entitled, plus to omey fees and costs incurred for this proceeding. .v_ r 4 HAROLD S. IRWIN, III ( Attorney for Petitioner / P'Iaintt? 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION The facts stated in the information and belief. I penalties of 18 Pa.C.S.A. December 1, 2011 petition are true and correct to the best of my knowledge, that false statements made herein are subject to the 4094, relating to unsworn falsification to authorities. .QLU& MAR ANN LLANCA, iet tioner EXt1?B?T r?* '?N?M11M?1??? men fur OSAWN04 X11 t1q!* 1. Iwo -140 110I)SIKir."Ww is Ni?. t7ul_ ,? ?' Milill Div" X li'lloom "wia IMMOMM i itdn pw ombsoW boom Sommio ef I O ounwomnkwvl& a& , ilk inr"M COMM ?NIB?T "B" HAROLD S. IRWIN, I I 1 October 21, 2011 JOHN T MOORE 107 BRIDGE RD NEWVILLE PA 17241 Re: QDRO Dear Mr. Moore: Mary Ann has asked me to to which she is entitled in al some time ago. As I read tl whether or not you had retie applicable, that accrued dui already receiving the month passed the earliest retiremi Please provide me with do entitled to (or may have al as to the amount of her st need to review something is or was. I am hopeful that we can re you respond to this request cooperation. Very Truly Yours, IRWIN LAW OFFICE 64 SOUTH Plrr STREEr CARLISLE, PENNSYLVANIA 17013 www. irwinla wofiice. corn e-mail: irwinlawoffice@gmail.com 717-243-6090 PHONE 717-243-9200 FACSIMILE unite to you concerning the lump sum portion of the retirement funds cordance with the Second Amended QDRO entered in your case e order, part of it provides that at your earliest retirement age, :d, she was entitled to receive "50% of any lump sum distribution, if to [your] contribution prior to January 1, 198T. Since she is y amount of somewhere around $122, it is clear that you have it age under the plan. imentation from the plan of any lump sum distribution that you are Ildy received). Mary Ann may be willing to compromise somewhat but before we can suggest an amount she would accept, we will writing from the plan which confirms what the lump sum distribution ie this amicably and as soon as possible. In that vain, I ask that November 1, 2011. In the meantime, thank you for your Harold S. Irwin, III ?CHIBIT "? HAROLD S. IRWIN, I I I November 14, 2011 JOHN T MOORE 107 BRIDGE RD NEWVILLE PA 17241 Re: QDRO Dear Jack: I received the following Mr. Irwin: IRWIN LAW OFFICE 64 SOUTH PITT STREET CARLISLE, PENNSYLVANIA 17013 m www.irwinlawofte.co e-mail.- irwinlawofl5ce@gmaii.com 717-243-6094 PHONE 717-243-9200 FACSMAILE from Marti, one of Marcus McKnight's assistants, on Friday: According to our clo ed file records, File #10039 (Mary Ann Moore- f3eilanca) Miscellan ous Matters, Divorce, Etc. was pulled from our archives and provid to you on November 29, 1995. We did not make a was transferred to you. copy of the file whe it Attorney McKnight firm. Thanks, Marti In view of your statement tl paid or stated that he did n now be ready to comply wt portion of your lump sum n not received confirmation f recommend that Mary Ann am hopeful that you will co ahead with this, and author required. Thank you for your Very truly yours, that there are no funds due and owing to our t you would not going to cooperate until Mr. McKnight was either want to be paid, I assume that - based upon this email - you will my request to cooperate in assisting us in obtaining Mary Ann's cement benefit. If within ten days from the date of this letter I have n you that you will assist us in moving forward with this, I will e a petition for specific performance and contempt. Nevertheless, I municate with me, direct me to the proper Teamster's office to go e any communication between us and the Teamsters that may be in this matter. Harold S. Irwin, III / r HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF FILED-OFFICE 01 THE PROTHONOTARY 2012 JAN -5 AM If : 56 CUMBERLAND COUNTY PENNSYLVANIA MARY ANN MOORE (now MARY ANN : IN THE COURT OF COMMON PLEAS OF BELLANCA), Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 3754 CIVIL 1984 JOHN T. MOORE, Defendant : IN DIVORCE x ORDER OF COURT NOW, this day 201:, on petition of the plaintiff and on motion of her attorney, Harold S. Irwin, 111, Esquire, a rule is hereby issued upon defendant to show cause why he should not be found in contempt and why he should not be required to specifically perform the terms of the parties' second amended qualified domestic relations order by fully and expeditiously cooperating with plaintiff and her counsel to obtain the share of the lump sum distribution to which she is entitled, plus reimburse to plaintiff her attorney fees and costs for this proceeding. Rule returnable & days after service upon defendant by certified mail. By the Court, J. 7 To 7- ln&l-e &p; ?s n14 ;/ed p-,e t HAROLD S IRWIN 111 ESQ SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 ATTORNEY FOR PLAINTIFF 7 H E PR0THON&TAR 2012 JAN 26 PM 1:40 CUMBERLAND COUNTY PENNSYLVANIA MARY ANN MOORE (now MARY ANN : IN THE COURT OF COMMON PLEAS OF BELLANCA), Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 3754 CIVIL 1984 JOHN T. MOORS, Defendant : IN DIVORCE PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please mark this case settled and discontinued without prejudice. January 2012 HAROLD S. IRWIN;; III Attorney for Plaintiff 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920