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HomeMy WebLinkAbout09-5837 Johnson, Duffle, Stewart & Weidner By: Molls" Peel Groovy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SALLIE WINBURN, Plaintiff V. ROBERT WINBURN, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS CIVIL ACTION - LAW IN DIVORCE 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 pages 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, 1 Courthouse Square, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d2 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Groovy I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff SALLIE WINBURN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSY VANIA Plaintiff V. NO. 1 CIVIL ACTION - LAW ROBERT WINBURN, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(00 OF THE DIVORCE CODE AND NOW, comes the Plaintiff, SALLIE WINBURN, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, ROBERT WINBURN: 1. The Plaintiff is SALLIE WINBURN, an adult individual, residing at 1223 Redwood Hills Circle, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is ROBERT WINBURN, an adult individual, residing at 15 Luke Circle, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant were married on June 29, 1985, in Cumberland County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the, filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 41 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce under Section 3301(c) or 3301(d) of the Divorce Code. COUNT H -EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 8 inclusive, of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain personal and real property during their marriage. 10. The parties have not yet reached an agreement regarding equitable distribution. Should they successfully reach a private agreement in the future, Plaintiff requests that the agreement be incorporated into any Decree later entered by this Honorable Court. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. JOHNS UFFIE, STEWART & WEIDNER B a ;1 -0 ,Melissa Peel Greevy :333625 VERIFICATION I, SALLIE WINBURN, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: 81J?II09 C;&44W-W W z,a- - SALLIE WINBURN :333625 CE) RLED- OYFICE OF THE P oTpi NOTARY 2009 AUG 25 AM 11 30 P(L ??L?J( jp?1/`ifv[d??I S { i r[G.NNS1?y/LV, N VH 4 OCLCI 3 y. ro I?CL 44kf aka Johnson, Duffle, Stewart & Weidner By: Melissa Peel Groovy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SALLIE WINBURN, Plaintiff V. CIVIL ACTION - LAW ROBERT WINBURN, ; IN DIVORCE Defendant AFDAFI_ VIT. SALLIE WINBURN, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 69-=2 0 i a SALCAQLL LIE WINBURN F?# a;}t r VL.. OF 1Nf PRO F'C I?!(?TA1 Y 2009 AUG 25 AM 11: 30 PENNSYLVaNI SALLIE WINBURN, Plaintiff v. ROBERT WINBURN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5837 Civil Term CIVIL ACTION - LAW DIVORCE ACCEPTANCE OF 8ERVICE I accept service of the Complaint in Divorce on behalf of the Defendant and confirm I am authorized to do so. DATE: 8/31/09 KENl`~ETH ~F. LEWIS, ESQUIRE Att rney f or Defendant I.D. #69383 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 ~~~9 Sir --3 ~'~~'s f2~ Vii ~`p~.`. .. .,., tilI Johnson, Duffie, Stewart 8~ Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SALLIE WINBURN, Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5837 v. : ;~ ROBERT WINBURN, CIVIL ACTION -LAW -- <-=; -'`~'' ~-. , .--r .~ ,n Defendant IN DIVORCE '_"~ ,' '" ~ c, - l-~,`:`- ~ , 't ; PRAECIPE TO TRANSMIT RECORD -- - ~' _ - : rte; , ;r:,, To the Prothonotary: :~ r.,, _. ~7 _~. Transmit the record, together with the following information, to the court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: September 3, 2009, via Certified, Restricted Delivery Mail. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: January 19, 2010, by Defendant: January 12, 2010. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Filed herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Filed herewith. JOHNSO UFFI , STEWART & WEIDNER Date: ~ D B : ~~ e a Peel Greevy :389061 .- z SALLIE WINBURN, Plaintiff v. ROBERT WINBURN, Defendant NO. 2009-5837 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 25, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. [- d . v ; 'l"j r- ~ ; ~ ~a _ ~ ~~ r~ -; ~--, ! -- _: ~. . __ ~ _ ,~': Y ....J t~:f -ICJ ~.. '1. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY pF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce with out notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. i verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4944 relating to unsworn falsification to authorities, Date:.L./ Z- ~~ ROBERT WIN URN, Defendant 387692 " .~ Johnson, Duffie, Stewart 8 Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SALLIE WINBURN, Plaintiff v. ROBERT WINBURN, Defendant Attorneys for Plaintiff ~, i- c~ ~;, _, i ~.J -,, ~~, _, ~,~ T >; .. -~: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5837 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 25, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A D/VORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce with out notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ ~~(Z~i u ,/- cxkP,w 1~,1 ~.,..1~.,.ti,~,`__ S IE WINBURN, Plaintiff 387692 FILED-OFFICE OF-THE. PROTHONOTARY 2010 N0 V 15 PM 1: 2 6 CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box- 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff SALLIE WINBURN, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5837 CIVIL ACTION - LAW ROBERT WINBURN, IN DIVORCE Defendant MOTION FOR ENTRY OF ORDER UPON STIPULATION AND NOW, comes Plaintiff, Sallie Winburn, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order upon Stipulation for the entry of "Domestic Relations Order". The Honorable J. Wesley Oler, Jr. signed the Decree in Divorce in this matter. The undersigned represents that Defendant's counsel concurs with the entry of this Order by the terms of the parties' signed Stipulation attached hereto. Respectfully submitted, FIE, ST ART & WEIDNER JOHNSON,00 Date: (a.? D By: Melissa Peel Greevy Attorney I.D. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff CERTIFICATE OF SERVICE ot-, A ND NOW, this + dy of November, 2010, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Entry of Order upon Stipulation upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102-3318 JOHNSOfik,-U FIE, STEWART & WEIDNER Greevy :418781 r y ? r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Sallie Winburn CIVIL TERM Plaintiff VS. IN DIVORCE Robert Winburn NO. 09-5837 Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this //74 day of N©VM44e -P26 M , the parties, Sallie Winburn, Plaintiff, and Robert Winburn, Defendant, do hereby Agree and Stipulate as follows: 1. The Plaintiff, Sallie Winburn (hereinafter referred to as "Member"), is a member of the Commonwealth of Pennsylvania, Public School Employees' Retirement System (hereinafter referred to as "PSERS"). 2. PSERS, as a creature of statute, is controlled by the Public School Employees' Retirement Code, 24 Pa. C.S. §§8101 et. sea. ("Retirement Code") 3. Member's date of birth and Social Security number are contained in the attached Addendum. 4. The Defendant, Robert Winburn (hereinafter referred to as "Alternate Payee"), is the former spouse of Member. Alternate Payee's date of birth and Social Security number are contained in the attached Addendum. 5. Member's last known mailing address is: 1907 Roxbury Court Mechanicsburg, PA 17055 6. Alternate Payee's current mailing address is: 15 Luke Lane Carlisle, PA 17013 It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times. 7. (a) The marital property component of Member's retirement benefit equals (1) the coverture fraction multiplied by (2) the Member's retirement benefit on the effective date of Member's retirement. (b) The coverture fraction is a fraction with a value less than or equal to one. The numerator is the amount of Member's service, as defined by PSERS, credited from January 1, 1986 (the date of enrollment) until January 1, 2009 (the date of separation). The denominator is the total amount of Member's service, as defined by PSERS, on the effective date of Member's retirement. (c) 45.0% of the marital property component of Member's retirement benefit is to be allocated to the Alternate Payee as his equitable distribution portion of this marital asset. 8. Member's retirement benefit is the Maximum Single Life Annuity, as defined in 24 Pa. C.S. §8342(a) before any reduction to reflect the election of any option in accordance with 24 Pa. C.S. §8345(a) and including any scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by PSERS as a result of a disability which occurred before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7, after the application of the appropriate early retirement actuarial reduction factor, if any, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any pre- retirement death benefits payable by PSERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or her authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of. Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to PSERS which will allow the Alternate Payee to check that he has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable after PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after Member files a retirement application with PSERS shall be in accordance with Paragraphs 10(a), 10(b) and 10(c) as follows: (a) Member may elect to receive, by lump sum, 0% to 100% of her accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee shall be determined by multiplying (1) by (2) by (3) where (1), (2) and (3) are as follows: (1) Member's accumulated deductions as of December 31, 2008, together with statutory and installment interest (currently 4% per year) from December 31, 2008, through the date of distribution. (2) 45.0% (3) Ratio obtained by dividing the amount of accumulated deductions the Member elects to receive by the total amount of his accumulated deductions on the date payments commence to the Member. (b) (i) If the Alternate Payee is living at the time of Member's retirement, Member shall elect a joint and survivor annuity as set forth in 24 PA.C.S. 8345(a)(4), or any succeeding statute. The Alternate Payee shall be the irrevocable survivor annuitant. The amount of the annuity shall be the equitable distribution portion (as defined in Paragraph 7) adjusted actuarially for any accumulated deductions paid to the Alternate Payee (pursuant to Paragraph 10(a)) and, since the cost of the survivor annuity is to be paid by the Alternate Payee, further adjusted actuarially so that the amount of the survivor annuity shall equal the amount of the annuity payable to the Alternate Payee during the Member's lifetime. The intent of this option selection is to maintain levelized payments to the Alternate Payee for his lifetime in the event of Member's death after retirement, with the Alternate Payee bearing the cost of his survivor benefit. The Alternate Payee shall receive a portion of the annuity which is payable to the Member during the Member's lifetime, and the same amount, as a survivor annuity, if the Member predeceases the Alternate Payee after retirement. If the Alternate Payee predeceases the Jlember after retirement, the portion of the Member's annuity payabli to the Alternate Payee shall revert to the Member. (b) (ii) If the Alternate Payee is not living at the time of Member's retirement, all benefits otherwise assigned to the Alternate Payee shall revert to the Member. Member shall be permitted to elect any payment option with respect to her entire benefit. (c) Member may choose any option with respect to the excess of her entire benefit over the portion awarded the Alternate Payee and over any accumulated deductions paid to the Member under Paragraph 10(a). Any option selected shall not reduce the amount that is to be paid to the Alternate Payee under the provisions of this Order. 11. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee, prior to the receipt of all of his payments payable to him from PSERS under this Order, then any death benefit or retirement benefit payable to the Alternate Payee by PSERS shall revert to the Member. 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee is only entitled to the specific benefits offered by PSERS as provided in this Order. All other rights, privileges and options offered by PSERS not granted to Alternate Payee by this Order are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. §1311, et seq. 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require PSERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits art. paid to Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon PSERS approval and PSERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. ! co Plaintiff/Member D Lzt) q.I-x9CII 1D Att rney for Plaintiff/ Date Member - - - Coe i e6 ?a.'le? ,r ?aa?io ?v BY THE COURT 1,6 '/ , W k-?ov . l t 2 oIa Defendant/ Alternate Payee Date 14 Ita: ll kk Att me for Defendant/ ate Alternate Payee cs' "ri c .-4 ? rnGO M b rn r- o v D ? N o° r ?O AGO 3 O? W