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HomeMy WebLinkAbout10-3525i' T - ?. yr K10MAY 26 AMli: 49 Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiff JEREMY B. SOUDER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10 - ?S C iv i 17e rm LAUREN M. SOUDER, : CIVIL ACTION - LAW Defendant : 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 in 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 divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. *? oo PA ATT4 e -# 3s7g R# ail a7g6 n? a ? 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demand y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para. usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 JEREMY B. SOUDER, Plaintiff V. LAUREN M. SOUDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Jeremy B. Souder, an adult individual currently residing at 410 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania. 17055. 2. The Defendant is Lauren M. Souder, an adult individual currently residing at 410 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania. 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 21, 2001 in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant have lived separate and apart within the same household since on or about March 1, 2010. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) -The marriage of the parties is irretrievably broken. The parties have lived separate and apart within the same household since on or about March 1, 2010 9. Plaintiff has been advised of the availability of marriage counseling and understands that he may request that his spouse and he participate in counseling. 10. Plaintiff does not request that the Court require that his spouse and he participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. COUNTI EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.sea. of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. COUNT U ALIMONY PENDENTE LITE, COUNSEL FEES. COSTS AND EXPENSES 13. Paragraphs one through twelve are incorporated herein by reference. 14. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 15. Plaintiff is without sufficient funds to support himself and to meet the costs and expenses of this litigation and is unable to appropriately maintain himself during the pendency of this action. 16. The Plaintiff's income is not sufficient to provide for his reasonable needs and pay his attorney's fees and the costs of this litigation. 17. The Defendant has adequate earnings to provide support for the Plaintiff and to pay his counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests this Honorable Court compel the Defendant to pay alimony pendente lite as well as pay the Plaintiff s counsel fees, costs and expenses. Date: a v Respectfully submitted, THE LAW OFF CES OF SILLIKER & IWINHOLI 5922 xinglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiff AFFIDAVIT I, J ??ti ?v o , hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: -1-17, /Z?? JEREMY B. SOLIDER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 10-3525 CIVIL TERM LAUREN M. SOLIDER, :CIVIL ACTION -LAW ~ N a Defendant IN DIVORCE ~ ~, ~ .~~ ~.: s ACCEPTANCE OF SERVICE ~ ~ ~ :' ~~~~ ~~ ~'* ~ ~ ~ ~ ~~ I, Bazbaza Sumple-Sullivan, Esquire, attorney for Lauren M. Souder, ""' Defendant, hereby certify that I accept service on his behalf of a Complaint in Divorce in the above-captioned matter on or about T„n~ 2 , 2010, by first-class mail, postage prepaid. I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: June 2, 2010 B f a~1c=Sullivan, Esquire torney for Defendant 49 Bridge Street New Cumberland, PA 17070 (717) 774-'t 445 Supreme Court I.D.: 32317 JEREMY B. SOUDER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYI~~A1~„I,~ r w~~ v. NO. 2010-03 525 ;-~~ r= ~ - ~ ~ ~`~ w ~ ~~_ "~ , c --- ~ ~ -~ c~ ' c . LAUREN M. SOUDER, :CIVIL ACTION -LAW ;. -.~ ~ ~, ~ , Defendant IN DIVORCE ' - ~ `W' ", C? ~~ _ c-~ ~f &' ~..~. Y WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~~ ~ la /~ ~~~ La en M. Souder JEREMY B. SOUDER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-03525 c~ ~ LAUREN M. SOUDER, :CIVIL ACTION -LAW ,Vt„- ~.-`~'-~ ' '~ s- Defendant ~~ 9~.. IN DIVORCE '~" , ° ~ --~ ~~ r ~ ;-.~ -~, AFFIDAVIT OF CONSENT '.~° ~' ~ "~ ~' r-~ ~,J --ice ~~ ~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 26, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. ..--` Date: `~ ~' /U ~° e . Souder JEREMY B. SOUDER, Plaintiff v. LAUREN M. SOUDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c°~ NO. 2010-03525 ~ ~ : ~~ ~: ~-F. ~, CIVIL ACTION -LAW =~ ~~ *~"~ . IN DIVORCE ; ` . ~ 'C i =~ f~ {~ WAIVER OF NOTICE OF INTENTION TO REQUEST °F°' ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal Decree in 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 0 C] --~ "L7 f_.3 ,~1 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 Ai~idavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/ ~- ~/ / ~ ;'~. J my . Souder ~~ -~°=-~.~ T'T7 ~ __~,~ =~~ ~-~ F~~ { ~.~ ~, _ ~.~ C .3 -.'1 ,. ~f'~ V ,;ar ~~ JEREMY B. SOUDER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA u v. . NO. 2010-03525 `~ {== _ ~ ~~ -_+ LAUREN M. SOLIDER ~~f :CIVIL ACTION -LAW i~ ~ ~~;-~, Defendant IN DIVORCE ~ ' `~ ' ~~ `~ AFFIDAVIT OF CONSENT =," `T' ~::' ~~ '' m _ .,..~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 26, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit aze hue and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. Date: ! a ~ ~~ ~1~.L'tz La en M. Souder JEREMY B. SOLIDER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LAUREN M. SOLIDER, : NO. 10-3525 CIVIL TERM DIVORCE DECREE ~-i•~saf ~'~ . AND NOW, QG (7 , ~~~ , it is ordered and decreed that JEREMY B. SOLIDER, plaintiff, and LAUREN M. SOLIDER, ,defendant, are divorced from the bonds mf 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.") The Marital Settlement Agreement between the parties shall be incorporated but shall not merge with the final Decree in Divorce. ~-~-~ e Court, Attest: J. y Prothonotary '~ ~,~G,i~/~ ate'' ~ ~""r~ ~ ~ f O ~a /~ ~ . c1~~~~%~ I _ ~ ~~ ~©/a j W 3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeremy B. Souder CIVIL ACTION - LAW Plaintiff i cz; C- IN DIVORCE ,;;? " °r= VS. Lauren M. Souder Defendant AND NOW, this 7/7! day of NO. 2010-03525= )OMESTIC RELATIONS ORDER," h t e parties, Jeremy B. Souder, Plaintiff, and Lauren M. Souder, Defendant, do hereby Agree and Stipulate as follows: 1. The Plaintiff, Jeremy B. Souder (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. seq. ("Retirement Code"). 3. The Defendant, Lauren M. Souder (hereinafter referred to as "Alternate Payee"), is the former spouse of Member. 4. Member's last known mailing address, date of birth and Social Security number are: 410 Heisey Road Mechanicsburg, PA 17055 Social Security No.: See Addendum Date of Birth: See Addendum 5. Alternate Payee's current mailing address is: 0 220 Cherokee Drive Mechanicsburg, PA 17050 Z Social Security No.: See Addendum Date of Birth: See Addendum -? _=n It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times. cc 6. (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, from July 21, 2001 (the date of marriage) to March 1, 2010 (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) 50.00% of the marital property component of Member's retirement benefit is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. 7. 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 6, 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. 8. 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 his 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 she has been and continues to be properly nominated under this paragraph. 9. 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 9(a), 9(b) and 9(c) as follows: (a) Member may elect to receive, by lump sum, 0% to 100% of his 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) The accumulated deductions as of March 1, 2010, together with statutory interest (currently 4% per year) from March 1, 2010, through the Member's date of retirement. (2) 40.39% (3) Ratio obtained by dividing amount of accumulated deductions the Member elects to receive by the total amount of his accumulated deductions on the effective date of Member's retirement. If the Alternate Payee is not living at the time of Member's retirement, the Alternate Payee's share of any lump sum refund of accumulated deductions shall be paid to the Alternate Payee's estate. If the Member retires on disability, he may not elect to receive a lump sum payment of his accumulated deductions in which case the Alternate Payee will receive no share of the accumulated deductions. (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 statue. The Alternate Payee shall be the irrevocable survivor annuitant. The amount of the annuity shall be the equitable distribution portion (as defined in Paragraph 6) adjusted actuarially for any accumulated deductions paid to the Alternate Payee (pursuant to Paragraph 9(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 her lifetime in the event of Member's death after retirement. 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 Member after retirement, the portion of the Member's annuity payable to the Alternate Payee shall be paid to the Alternate Payee's estate for the lifetime of the Member. (b) (ii) If the Alternate Payee is not living at the time of Member's retirement, the Member shall elect a maximum single life annuity based upon the equitable distribution portion (as defined in Paragraph 6) adjusted actuarially for any accumulated deductions paid to the Alternate Payee's estate (pursuant to Paragraph 9(a)). Such annuity shall be paid to the Alternate Payee's estate for the lifetime of the Member. 4 (c) Member may choose any option with respect to the excess of his entire benefit over the portion awarded the Alternate Payee or her estate and over any accumulated deductions paid to the Member under Paragraph 9(a). Any option selected shall not reduce the amount that is to be paid to the Alternate Payee or her estate under the provisions of this Order. 10. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 11. In the event of the death of Alternate Payee, prior to the receipt of all of her payments payable to her from PSERS under this Order, then any death benefit or retirement benefit payable to the Alternate Payee by PSERS shall be paid to the Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. 12. Alternate Payee may not exercise any right, privilege or option offered by PSERS. 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. 13. 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 are paid to Member based upon cost of living or increases based on other than actuarial values. 4. " . 14. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 15. 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. 16. 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. BY ??DUR,T 1, Payee Date a il/Lz 'Attorney for efendant/ Date Alternate Payee rtsfin i2. ?2ernhold, E4? l,?pirAW01 6OAO-SUMP le-&/11 so A fs? 4IS/ ?pIGB