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HomeMy WebLinkAbout09-1909DANIELLE ANN WRIGHTSTONE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. ,/ Crp CIVIL TERM EUGENE EDWARD WRIGHTSTONE, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 DANIELLE ANN WRIGHTSTONE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. 09-1901CIVIL TERM EUGENE EDWARD WRIGHTSTONE, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE 1 CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE , DIVORCE CODE AND NOW, comes the Plaintiff, DANIELLE ANN WRIGHTSTONE, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is DANIELLE ANN WRIGHTSTONE, an adult individual, who resides at 119 East Cumberland Road, Enola, Cumberland County, Pennsylvania, 17025. The Plaintiff has resided in Cumberland County for over six (6) months. 2. Defendant is EUGENE EDWARD WRIGHTSTONE, an adult individual, who resides at 119 East Cumberland Road, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on May 31, 1997. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant were ever members of the United States Military Service. 9. Plaintiff and Defendant have two (2) children from their marriage, DEVON IRENE WRIGHTSTONE, born March 1, 1998 and SARAH LYNN WRIGHTSTONE, born on September 6, 2004. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, DANIELLE ANN 'WRIGHTSTONE, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II - REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3x2) and 33323(+) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The parties are the parents of the following minor children who reside with the Plaintiff and the Defendant at this time: NAME DEVON IRENE WRIGHTSTONE SARAH LYNN WRIGHTSTONE AGE SEX 11 years Female 4 years Female DATE OF BIRTH March 1, 1998 September 6, 2004 16. During the past five (5) years the children have resided with the parties and at the addresses herein indicated: WITH WHOM Plaintiff and Defendant ADDRESS 119 East Cumberland Road Enola, PA FROM / TO 2003 to Present 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal Custody and Plaintiff has Primary Physical Custody and Defendant has Partial Physical Custody of their children. WHEREFORE, Plaintiff, DANIELLE ANN WRIGHTSTONE, requests this Honorable Court grant Plaintiff, DANIELLE ANN WRIGHTSTONE, and Defendant, EUGENE EDWARD WRIGHTSTONE, Shared Legal Custody of the minor children, DEVON IRENE WRIGHTSTONE and SARAH LYNN WRIGHTSTONE and Plaintiff, DANIELLE ANN WRIGHTSTONE, Primary Physical Custody and Defendant, EUGENE EDWARD WRIGHTSTONE, Partial Physical Custody, of the children, DEVON IRENE WRIGHTSTONE, and SARAH LYNN WRIGHTSTONE, as in the children's best interest. Dated: March` 2009 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. (,:1:71 Susan Kay Candi Counsel for J ntiff PA I.D. # 6499 4010 Glenfinnan e Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: D ELLE ANN WRIGHTSTONE -77 r a DANIELLE ANN WRIGHTSTONE PLAINTIFF V. EUGENE EDWARD WRIGHTSTONE DEFENDANT IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 2009-1909 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, April 03, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 07, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. jV& Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR. ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILED-Ma OF TlrE PROTHONOTA9Y 2099 APR --3 PM 12: 5 I PE",!N SYLV N A ,41- 3 ?? ?f` ,12 D DANIELLE ANN WRIGHTSTONE, PLAINTIFF VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2089-1989 CIVIL TERM EUGENE EDWARD WRIGHTSTONE, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, on behalf of my client, the Defendant, Eugene Edward Wrightstone, in the above matter. Respectfully Dated: ' 2t -o 2009 Joanne warrisol Counsel for the OF T?-j?? -"'NC APY 2099MAY -4 P d2: 36 dvi • v ? S'k s ? d 5: a ,Fa. l . .. S S 40 ;r? ;•".r5l ??7 i Sa.`.: !;..i`.al t•'i ?; #a,s. "? +,t„ -? t li,?s i .a;+ 'i, - ..- ?. . MAT U () cuwq DANIELLE ANN WRIGHTSTONE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v EUGENE EDWARD WRIGHTSTONE, Defendant : CIVIL ACTION - LAW NO. 2009-1909 IN CUSTODY ORDER / 49 AND NOW, this (,c day of May, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. :?L V Hubert X. Gilroy, Esquire Custody Conciliator OF THE I' !O ARY 2009 MAY I 1 A H 6Q: 4 CUO, 20(4FE~22 ~~i~ (~3 ~,. ,.. DANIELLE ANN WRIGHTSTONE, Plaintiff v. EUGENE EDWARD WRIGHTSTONE, Defendant FEB ~~ 9 2010 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNTL ACTION N0.2009-1909 IN DNORCE UALIFED DOMESTIC CATIONS ORDER IT IS HEREBY ORDERED, this ~ day of ~~ 2010, as follows: 1. Effect of This Order as a Qualified Domestic Relations Order. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's account in the Leon E. Wintermyer, Inc. Salary Savings Plan, defined contribution pension, which is qualified under Section 401(a) of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 (ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d)(3) of ERISA. 2. Participant Information. The name, address, birth date and social security number of the Plan Participant is: Eugene E. Wrightstone Date of Birth: 7-8-1968 119 East Cumberland Road Enola, PA 17025 Social Security Number: 203-56-8002 3. Alternate Pavee Information: The name, address, birth date and social security number of the Alternate Payee is: Danielle A. Wrightstone Date of Birth: April 25, 1975 P. O Box 125 Enola, PA 17025 Social Security Number: 199-68-3851 Participant and Alternate Payee were Married on May 31, 1997 and Divorced on October 6, 2009. 4. Plan Name and Address. The name and address of the Plan to which this Order applies is: Leon E. Wintermyer, Inc. Salary Savings Plan Valley Forge Pension 130 South Main St. d.~, PA 17756 ~ ~~ ~~ 5. Analicable State Domestic Relations Law. This Order is issued pursuant to Section 23 PA. C.S. Section 3501 et al, which relates to the division of marital property between spouses and former spouses in actions of divorce. 6. Commencement Date and Form of Payment to the Alternate Pavee This Order assigns to the Alternate Payee the sum of Twenty Two Thousand Dollars and No cents ($ 22,000.00) the Participant's account in the Plan This stipulated amount shall become the Alternate Payee's separate property. The Alternate Payee shall receive a lump sum distribution as soon as administratively feasible following the determination that the Order is qualified. ,, 7. Rollover Aayment to be made as follows. The Alternate Payee elects a rollover of her distribution from the Plan (taxable as well as non-taxable money, if any, to her Individual Retirement Account (IRA) as follows: FBO Danielle A. Wrightstone Blue Chip Federal Credit Union IRA account # 11637 I 5050 Derrry Street Harrisburg, PA 17111 8. Death of Alternate Pavee and/or Participant Prior to Commencement of Benefits; Death Benefit. This Order creates a separate interest for the Alternate Payee in the benefits assigned to the Alternate Payee which are not intended, nor shall they be construed as, alimony to the Alternate Payee. Therefore, the death of the Participant after the Plan Administrator accepts this Order as a QDRO and prior to the distribution of the lump sum payment to the Alternate Payee shall not affect the benefits assigned to the Alternate Payee under this Order. Should the Alternate Payee die after the Plan Administrator accepts the Order as a QDRO, and prior to the date the money from the Participant's account is distributed to her, in accordance with the provisions of the Plan, the money due the Alternate Payee will be paid to the Alternate Payee's estate. 4. Savings Clause. This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type of form of benefit option not otherwise provided under the terms of the Plan. (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under another Order that was previously to be a QDRO. 10. Certification of Necessary Information. The payment made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary distribution. 11. Continued Qualified Status of Order. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 12..Tax Treatment of Distribution Made Under this Order. For purposes of Sections 402(a)(1) and (72) of the Internal Revenue Code, any Alternate Payee, who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payment made to the Alternate Payee under the terms of this Order and as such, will be required to pay the appropriate federal income taxes on such distribution. 13. Constructive Receipt. In the event that the Plan trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefits payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. 14. Continued Jurisdiction. The Court shall retain jurisdiction with respect to the Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated here in. ~.. The Participant's counsel shall cause a court certified copy of this Order to be served on the Plan Administrator. This Order shall remain in effect until further order of this Court. BY THE COURT: ~p~ ES ~.ti~C. J . ec~ a/~~I rd ~~ Judge e Harrison Cl g , squire Httorney I.D. No. 3 1 3820 Market Street Camp Hill, PA 17011 , , (717) 737-5890 Attorney for the Participant Attorney LD. o. ~' 4010 Glenfi ce Mechanicsburg, PA 17055 Attorney for Alternate Payee ~u~ as 200 DANIELLE ANN WRIGHTSTONE, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n NO. 2009-1909 CIVIL TERM EUGENE EDWARD WRIGHTSTONE, :CIVIL ACTION -LAW DEFENDANT :ACTION FOR DIVORCE RETIREMENT BENEFITS COURT ORDER r_-. --~, ; :. ~,. ~_ a 1 ._ ~~ ti J N 0 e._ c~ "`_? ~~ c.: THIS MATTER having come before the court on motion, and the court after reviewing the motion and being otherwise fully advised of the matter: ORDERED: Payee: Eugene Edward Wrightstone, Social Security Number: 203-56- 8002, Address: 119 East Cumberland Road, Enola, Pennsylvania, 17025, is awarded Fourteen .1 ~, .~ ~; `, c__; ~i ,:~ Thousand Dollars and No Cents, ($ 14,000.00) from the civilian Thrift Savings Plan Account of Danielle Ann Wrightstone, Social Security Number: 199-68-3851, Address: 22 Queen Avenue, Enola, Pennsylvania, 17025 Dated: V ~ l , 2010 BY THE COURT, J. CONSENTED TO: ~ --,2 ~ ~-~~ C c~ DATE ~~~0 ~ ~~~ DATE EDWARD WRI ANN WRIGHTSTONE co~~y .~~~ l~ ~~a~~o ~,