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HomeMy WebLinkAbout10-1529 F:\F1LES\C1ients\13776 Altieri\13776.1.dcom Revised: 3/2/10 1:49PM Jennifer L. Spears, Esquire FILED-WICE MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLdF THE PROTHONOTARY MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 2010 MAR -4 PM 3: 02 CUMB?=1 " . ' " LINTY PENNSYLVANIA CHRISTINE ALTIERI, Plaintiff V. DANIEL COZORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 1 J ")-Y C?-"41 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 $ 3 s? p d ??t a ?y Telephone (717) 249-3166 ?,I??3f?y3y CHRISTINE ALTIERI, Plaintiff V. DANIEL COZORT, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- CIVIL ACTION - LAW : IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Christine Altieri, who currently resides at 133 Wilson Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Daniel Cozort, who currently resides at 400 South College Street, Apt. 306, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 28, 1978. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. MARTSON LAW OFFICES By ° i ?. Jennifer ears, Esquire 10 East Hi Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: March 4, 2010 VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Christine Altieri CHRISTINE ALTIERI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSFLVA"JIIA: v. NO. 2010- Kay ;?' CIVIL ACTION - LAW -- `? DANIEL COZORT, Defendant : IN DIVORCE -' ' -~ ACCEPTANCE OF SERVICE Q I, Daniel Cozort, accept service of the Divorce Complaint and certify that I am authorized to do so as the Defendant. Gv M& ,661010 Date Defendant Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA. 17013 (717) 243-3341 Attorneys for Plaintiff J ? 1'?a7 cs - r CHRISTINE ALTIERI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-1529 CIVIL ACTION - LAW DANIEL COZORT, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 4, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Date: F t Christine Altieri, Plaintiff Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES LD.87445 -?, 10 East High Street Carlisle, PA 17013 - (717) 243-3341 Attorneys for Plaintiff CHRISTINE ALTIERI, IN THE COURT OF COMMON'f Plaintiff CUMBERLAND COUNTY, PENN8Y6ANIA V. NO. 2010-1529 CIVIL ACTION - LAW DANIEL COZORT Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 in this waiver 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: U/0 Christine Altieri, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE ALTIERI V. DANIEL COZORT NO. 2010-1529 DIVORCE DECREE AND NOW, eb 8 A? T h5 AK 01 , it is ordered and decreed that CHRISTINE ALTIERI plaintiff, and DANIEL COZORT defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") A Marital Settlement Agreement dated January 3, 2012, is incorporated but not merged into this decree. By the Court, N-?S?A Attest: 1 J. D ,pl ;.9-12. C&rl ?c gph?e ?Ccyy 'Ood,4Pl /0 mgllw Ta pars' Jennifer L. Spears, Esquire I.D. 87445 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 CHRISTINE ALTIERI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-1529 CIVIL ACTION - LAW DANIEL COZORT, Defendant. IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER (QDRO) AND NOW, THIS day of Mai` c? , 2012 it appears to the Court as follows: 1. The parties hereto were husband and wife, seek this Order in conjunction with a final decree of divorce dated February S , 2012, in that action pending in this Court at the above number. 2. Daniel Cozort, Social Security Number XXX-XX-XXX (deleted on original), hereinafter referred to as "Participant", is employed by Dickinson College, is a participant in the Teachers Insurance and Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and, has the following annuities: TIAA RA, GRA No(s). B9261724 CREF CREF RA, GRA No(s). TIAA SRA, gSRA No(s ). CREF SRA, gSRA No(s). K3411218 -1- (Rev. 9/07) TIAA TPA No(s). TIAA IO No(s). TIAA MDO No(s). CREF MDO No(s). Daniel Cozort's address is 6 Buchannon Drive, Apt. 109, Carlisle, Pennsylvania 17013, and daytime phone number is 717.386.9343. His date of birth is November 2, 1953. 3. The Alternate Payee is Christine Altieri whose current and last known street address is 133 Wilson Street, Carlisle,, Pennsylvania 17013. The Alternate Payee's Social Security Number is XXX-XX-XXX (deleted on original), date of birth is May 28, 1953, and daytime phone number is 717.386.8856. 4. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the TIAA-CREF annuities previously referenced are marital property: B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values of the Participant's TIAA-CREF annuity accumulations for the Marital Portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities. Marital portion to be transferred, valued as of the date the transfer is recorded by TIAA-CREF: The sum of $114,630.00 to come from TIAA RA, GRA No(s). B9261724, first, and then from CREF SRA, gSRA No(s). K3411218, as necessary. -2- (Rev. 9/07) The annuity amounts awarded to the Alternate Payee shall be transferred to Alternate Payee's existing TIAA-CREF account number C053318-6, if administratively possible. C. Conditions of division of annuity contracts: i. All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All ownership rights in the newly issued annuities will belong to the Alternate Payee. iii. The beneficiary designation of the Alternate Payee's annuities will be her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address. iv. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. The Alternate Payee may change the investment allocation once her annuities are issued in accordance with the contributing employer's plan. D. Termination of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. i) Termination - as of the date of TIAA-CREF's receipt of the QDRO, all TIAA-CREF benefits otherwise payable to the Alternative Payee as -3- (Rev. 9/07) beneficiary are payable to the estate of the Participant. The Participant retains the right to change the designation: E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the Alternate Payee's right to receive single-sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. F. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for same. G. TIAA-CREF is authorized to execute the Order upon receipt. Any successful appeal will be implemented only to the extent of the options and accumulations available at the time of receipt of an amended QDRO. 5. This Order: A. does not require any plan to provide any type of form of benefit, or any options not otherwise provided under the plan, and B. does not require TIAA-CREF to provide increased benefits, and C. does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this order is rendered invalid, the balance of the order will remain fully enforceable. -4- (Rev. 9/07) 6. This Court reserves jurisdiction to issue further orders as needed to execute this Order. By the Court Date 3 a Participant Date J 6 ?d Z U Alternate Payee I VVA A ( Datc I Gti1 ?-- f- 3 Y' 00 I ell -5- e0I:) c Cht ct e-d 31g/12 (Rev. 9/07) Ali `j :: E ? ?' ??. ?. ?.!-?('? ,^ ?_ ? .w ??r ?? ...?