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HomeMy WebLinkAbout00-00399NMThomas J. Williams, Esquire Attorney I.D. No. 17512 ?E ; ?i° ???= ,• Katie J. Maxwell, Esquire? j?C3TitI.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER {9O S' 2MARTSON LAW OFFICES' s; 0 Ct3??`?. 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff NORENE E. GOOD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2000-399 EUGENE E. GOOD, Defendant PRAECIPE To the Prothonotary of Cumberland County: Please withdraw the appearance of Mary A. Etter Dissinger as attorney for the Plaintiff, Norene E. Good, in the above-referenced matter. DISSINGER & DISSINGER By: a Mary A. Et er Dissinger, Esquire I.D. No. 27736 400 South State Road Marysville, PA 17053 (717) 957-3474 Enter the appearance of Thomas J. Williams, Esquire, and Katie J. Maxwell, Esquire, of Martson Law Offices on behalf of the Plaintiff, Norene E. Good, in the above-captioned matter. MARTSON LAW OFFICES By: X?_e? j1e: Thomas . Wi 'ams, Esquire I.D. No. 175 12 Katie J. Maxwell, Esquire I.D. No, 206018 10 East High Street Carlisle, PA 17013 Date: (717) 243-3341 / l L to OCi' 0 4 2010 Thomas J. Williams, Esquire Attorney I.D. No. 17512 Katie J. Maxwell, Esquire LD. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff NORENE E. GOOD, Plaintiff/Petitioner v. EUGENE E. GOOD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-399 ORDER OF COURT AND NOW, this ~~ day of October, 2010, it is hereb Ordered and dir cted that a Y hearing on._ the within Motion for Contempt is scheduled for the ~~~ day of ~'~~'~'`+ ~ ~ ~V , at ~~ 3~ , a ~' .m., in Courtroom No.3~' B e Court: J. ~ ~ ~-; ,e ~ iota-x coel ( Cs~ - Copy ~ i veu ~6Py ~a ~~~ to j7~iv ~.,~, c' N ~ ~ ~ ^-^3 NORENE E. GOOD, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. EUGENE E. GOOD, N0.2000 - 0399 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 20TH day of OCTOBER, 2010, the "Motion for Contempt" scheduled for Friday, October 29, 2010, at 9:30 a.m. is continued to TUESDAY, NOVEMBER 2, 2010, at 9:30 a.m. in Courtroom # 3. Katie J. Maxwell, Esquire ./Marcus A. McKnight, Esquire sld L.O i ES' .-na ~ ~~ 10~~~ JIU 1 Edward E. Guido, J. ~~ ~ ~ ~ r~ , Y r..~ ~ ~ ^~+ ~: .s": L:1 ._„~ ._ ,~ ~ W F:\FILES\Clirnts\14046 Good, N\I4046. Lmotion2 ~ ~, ~; ~.; is 1 ~~Jt i~i~i~t ;"yi~ir ,"o Thomas J. Williams, Esquire Attorney I.D. No. 17512 Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff NORENE E. GOOD, PlaintifflPetitioner v. EUGENE E. GOOD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-399 MOTION FOR CONTINUANCE AND NOW, comes the Petitioner, Norene E. Good, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and in support ofher Motion for Continuance, avers as follows: 1. Petitioner is Norene E. Good, an adult individual residing at 1514 Commence Avenue, Carlisle, Cumberland County, Pennsylvania 17015. 2. Respondent is Eugene E. Good, an adult individual residing at 1875 George Avenue, Carlisle, Cumberland County, Pennsylvania 17015. 3. A hearing was scheduled for November 2, 2010, regarding a Motion for Contempt filed on behalf of the Petitioner. 4. Respondent is in the process of supplying Petitioner with the requested information regarding Respondent's retirement account. 5. Counsel for Respondent, Marcus A. McKnight, has been contacted and concurs with Petitioner's request for a general continuance. WHEREFORE, Petitioner respectfully requests this Honorable Court continue the hearing on the Motion for Contempt. Respectfully submitted, MARTSON LAW OFFICES By: Thom .Williams, Esquire I.D. No. 17512 Katie J. Maxwell, Esquire I.D. No, 206018 10 East High Street Carlisle, PA 17013 Date: /1 /2/f o (717) 243-3341 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Motion for Continuance was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Esquire IRWIN & McKNIGHT, P.C. 60 East Pomfret Street Carlisle, PA 17013 MARTSON LAW OFFICES By: y~, M .Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: 1 j ~ ~ D Thomas J. Williams, Esquire Attorney I.D. No. 17512 Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff NORENE E. GOOD, Plaintiff/Petitioner v. EUGENE E. GOOD, DefendantlRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-399 ORDER OF COURT AND NOW, this 2nd day of November, 2010, it is hereby Ordered and directed that the hearing on the within Motion for Contempt scheduled for November 2, 2010, is continued generally. By e Court: J. illiams, Esquire ca well, Esquire ~arcus A. McKnight III Esquire P'~t ~ ~~- ~ , ~ ~ : f'T'{ - -~ ~ -ra , , . , ~S / l a l l5 "~~ r c~ iV -i0 s-n .~ ri . , cc t "c '~ o -+n j ~ v ~I~~ r-~ ~- °c ~ -; ~- nrn . y ~ _^ --i w ~ D' tribution: omas J. W ,~atie J. Max h -;.~~i-(~;-~'~~ L a..~ ~ i ~f F~IFILES\Clients\14046 Good, Mt4046. Lrta[ion2 ~~l~ ~~~''1 -2 A~c~ ~: t~;~ ^c-~lt;~;t+~ r ~a~ q -7 ~ ~:t tr'i Thomas J. Williams, Esquire Attorney I.D. No. 17512 Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff NORENE E. GOOD, P l ainti ff/P etitioner v. EUGENE E. GOOD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-399 MOTION FOR CONTINUANCE AND NOW, comes the Petitioner, Norene E. Good, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and in support ofher Motion for Continuance, avers as follows: 1. Petitioner is Norene E. Good, an adult individual residing at 1 S 14 Commence Avenue, Carlisle, Cumberland County, Pennsylvania 17015. 2. Respondent is Eugene E. Good, an adult individual residing at 1875 George Avenue, Carlisle, Cumberland County, Pennsylvania 17015. 3. A hearing was scheduled for November 2, 2010, regarding a Motion for Contempt filed on behalf of the Petitioner. 4. Respondent is in the process of supplying Petitioner with the requested information regarding Respondent's retirement account. ,~ 5. Counsel for Respondent, Marcus A. McKnight, has been contacted and concurs with Petitioner's request for a general continuance. WHEREFORE, Petitioner respectfully requests this Honorable Court continue the hearing on the Motion for Contempt. Respectfully submitted, MARTSON LAW OFFICES By: Thom .William ,Esquire I.D. No. 17512 Katie J. Maxwell, Esquire I.D. No, 206018 10 East High Street Carlisle, PA 17013 Date: /1 2 Jf o (717) 243-3341 r CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Motion for Continuance was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Esquire IRWIN & McKNIGHT, P.C. 60 East Pomfret Street Carlisle, PA 17013 MARTSON LAW OFFICES By: %' /. M .Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: f (~ ~ D NORENE E. GOOD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - SUPPORT DOMESTIC RELATIONS SECTION EUGENE E. GOOD, PACSES NO. 227104947 -o= Z; Defendant N0.2000-399 CIVIL TERM c r-n -7 -Q r? N ° PETITION FOR -?, Q, QUALIFIED DOMESTIC RELATIONS ORDER ? 0 N m AND NOW, this _ day of 2010, comes the parties and makes he following Petition for a Qualified Domestic Relations Order of Court in this case: This Order is intended to be a qualified domestic relations order ("QDRO"), as that terms in defined in §206(d) of the Employee Retirement Income Security Act of 1974 ("BRISA") AND §414(p) of the Internal Revenue Code of. 1986 ("Code"). This QDRO is granted in accordance with applicable state domestic relations laws which related to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION 1. IDENTIFICATION OF PLAN This Order applies to benefits under the Public School Employees' Retirement System Plan of Eugene E. Good ("Plan") SECTION 2. IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYEE a. The "Participant" is Eugene E. Good. The Participant's last known mailing address is 375 West North Street, Carlisle, Pennsylvania 17013. The Participant's social security number is 207-34-5563. b. The "Alternate Payee" is Norene E. Good. The Alternate Payee's last known mailing address is 1514 Commerce Avenue, Carlisle, Pennsylvania 17013. The Alternate Payee's social security number is 190-42-9246. The Alternate Payee is the ex-wife of the Participant. SECTION 3. AMOUNT OF BENEFIT TO BE PAID TO ALTERNATE PAYEE From the participant's Plan, the Participant chooses a single life annuity and the Alternate Payee is hereby assigned one-half the value of said amount. SECTION 4. FORM AND COMMENCEMENT OF PAYMENT The Alternate Payee may elect to receive payment from the Plan of benefits assigned to the Alternate Payee under this Order in any form in which such benefits may be paid under the Plan to the Participant, other than in the form of a qualified joint and survivor annuity with respect to the Alternate Payee and his or her subsequent spouse, if any, but only if the form elected complies with the minimum distribution requirements of §401(a)(9) of the Code. 4(a). Payments to the Alternate Payee pursuant to his Order shall be in accordance with the Plan terms and commence as soon as practicable after this Order has been determined to be a qualified domestic relations order, and upon receipt of the Alternate Payee's properly completed benefit election form. 2 SECTION 5. DEATH OF PARTICIPANT Any amounts assigned to the Alternate Payee under this Order shall not be affected by the Participant's death. SECTION 6. DEATH OF ALTERNATE PAYEE If the Alternate Payee dies prior to receiving his or her share of the Participant's account balance assigned to such Alternate Payee under the terms of this Order, the Alternate Payee's share shall be made to a beneficiary designated by the Alternate Payee on a form approved by the Plan. SECTION 7. INVESTMENT DIRECTION, LOANS AND HARDSHIP DISTRIBUTIONS To the extent permitted by the Plan, the Alternate Payee shall be permitted to direct investment of her separate interest to the same extent as the Participant is entitled to direct the investment of her account balances. To the extent not inconsistent with the terms of the Plan, the Alternate Payee shall not be eligible for hardship distributions or loans. SECTION 8. COMPLIANCE WITH APPLICABLE LAWS The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. Nothing in this Order shall require the Plan: a. To provide any type or form of benefit, or any option, not otherwise provided under the Plan; b. To provide increased benefits (determined on the basis of actuarial value); and c. To pay benefits to any Alternate Payee that are required to be paid to another Alternate Payee under another Order previously determined to be a qualified domestic relations order. 3 SECTION 9. RESERVATION OF JURISDICTION The Court reserves jurisdiction over the parties and the subject matter to amend this Order to establish and maintain its status as a QDRO under ERISA and the Code. AND NOW, intending to be legally bound hereby, the parties enter their hands and seals the date set forth above. WITNESSETH: V-- ij A ?J' - ON BEHALF OF'- ALTERNATE PAYEE: (SEAL) J( (SEAL) Katie axell, Esq. 'k v,? 'V\, A "EAL) Thomas J. Ir ms, Esq. 4 ON BEHALF OF NORENE E. GOOD, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - SUPPORT DOMESTIC RELATIONS SECTION C2 • C_ N Q EUGENE E. GOOD, PACSES NO. 227104947 ' a ' , Defendant NO. 2000-399 CIVIL TERM _ Fri rn - vim- ?ry, { o --n QUALIFIED DOMESTIC RELATIONS ORDER fc? CO Crn 2 _ _ D p ` ay of , 2010, it is hereby Ordered t AND NOW, this ( d hat the Public School Employees' Retirement System Plan of Eugene E. Good shall be made an Order of Court as follows: 1. This Order is intended to be a qualified domestic relations order ("QDRO"), as that term is defined in §206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") AND §414(p) of the Internal Revenue Code of 1986 ("Code"). This QDRO is granted in accordance with applicable state domestic relations laws which relate to marital property, rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. 2. The "Participant" is Eugene E. Good. The Participant's last known mailing address is 375 West North Street, Carlisle, Pennsylvania 17013. The Participant's social security, number is 207-34-5563. 3. The "Alternate Payee" is Norene E. Good. The Alternate Payee's last known mailing address is 1514 Commerce Avenue, Carlisle, Pennsylvania 17013. The Alternate Payee's social security number is 190-42-9246. The Alternate Payee is the ex-wife of the Participant. 4. The parties were married on January 2, 1971 and separated in February 2001. A Divorce Complaint was filed on January 21, 2000, in the Court of Common Pleas of Cumberland County, Pennsylvania docketed at No. 2000-399. A Divorce Decree was issued on February 22, 2006. 5. This Order applies to benefits under the Public School Employees' Retirement System Plan of Eugene E. Good ("Plan"). 6. From the participant's Plan, the Participant chooses a single life annuity and the Alternate Payee is hereby assigned one-half the value of said amount. 7. The Alternate Payee may elect to receive payment from the Plan of benefits assigned to the Alternate Payee under this Order in any form in which such benefits may be paid under the Plan to the Participant, other than in the form of a qualified joint and survivor annuity with respect to the Alternate Payee and his or her subsequent spouse, if any, but only if the form elected complies with the minimum distribution requirements of §401(a)(9) of the Code. Payments to the Alternate Payee pursuant to his Order shall be in accordance with the Plan terms and commence as soon as practicable after this Order has been determined to be a qualified domestic relations order, and upon receipt of the Alternate Payee's properly completed benefit election form. 8. Any amounts assigned to the Alternate Payee under this Order shall not be affected by the Participant's death. 9. If the Alternate Payee dies prior to receiving his or her share of the Participant's account balance assigned to such Alternate Payee under the terms of this Order, the Alternate Payee's share shall be made to a beneficiary designated by the Alternate Payee on a form approved by the Plan. 2 10. To the extent permitted by the Plan, the Alternate Payee shall be permitted to direct investment of her separate interest to the same extent as the Participant is entitled to direct the investment of her account balances. To the extent not inconsistent with the terms of the Plan, the Alternate Payee shall not be eligible for hardship distributions or loans. 11. The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. Nothing in this Order shall require the Plan: A. To provide any type or form of benefit, or any option, not otherwise provided under the Plan; B. To provide increased benefits (determined on the basis of actuarial value); and C. To pay benefits to any Alternate Payee that are required to be paid to another Alternate Payee under another Order previously determined to be a qualified domestic relations order. 12. The Court reserves jurisdiction over the parties and the subject matter to amend this Order to establish and maintain its status as a QDRO under ERISA and the Code. Judge C.0 r. MC7 la?4 to 3 NORENE E. GOOD, Plaintiff V. EUGENE E. GOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - SUPPORT DOMESTIC RELATIONS SECTION PACSES NO. 227104947 NO. 2000-399 CIVIL TERM PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM PLAN QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this j ay of L/Ad E. 2011, it is hereby Ordered that the Public School Employees' Retirement System Plan of Eugene E. Good shall be made an Order of Court as follows: 1. Plan Information: This Order relates to the Commonwealth of Pennsylvania, Public School Employees' Retirement System of Eugene E. Good (hereinafter "Plan" or `PSERS"), as provided by the Public School Employees' Retirement Code 24 Pa.C.S.§8101 et seq. ("Retirement Code"). 2. Member Information: Eugene E. Good, hereinafter referred to as "Member" is a Member of the PSERS. The Member's date of birth is January 28, 1945, and his social security number is 207-34-5563. The Member's mailing address is 375 West North Street, Carlisle, Pennsylvania 17013. 3. Alternate Payee Information: Norene E. Good, hereinafter referred to as "Alternate Payee" is the former spouse of member. Alternate Payee's date of birth is November 29, 1950 and her social security number is 190-42-9246. The Alternate Payee's mailing address is 1514 Commerce Avenue, Carlisle, Pennsylvania 17013. t ' 4. Address Notification: The parties shall promptly notify PSERS of any change in their address from those set forth in this Order. 5. Retirement Benefits: Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump sum withdrawals and/or any increases. Equitable distribution of the marital property component of Member's retirement benefit, as set forth in Paragraph Six (6) shall commence as soon as administratively feasible after Member's effective date of retirement or the approval by PSERS of a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 6. Alternate Payee Distribution: The Member must select the Maximum Single Life Annuity as his monthly retirement option. The Alternate Payee shall receive 50% of the total gross monthly retirement benefit. 7 Death of Member: Member shall nominate Alternate Payee as an irrevocable beneficiary to the extent of the Alternate Payee's equitable distribution interest in Member's retirement benefit for any death benefits payable by PSERS. 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 information concerning Member's retirement account, including but not limited to Member's current Nomination of Beneficiaries form for death benefits. Alternate Payee shall deliver the authorization to PSERS, allowing Alternate Payee to determine if member has properly nominated Alternate Payee as a beneficiary as per the terms of this paragraph. 8. Death of Alternate Payee. If Alternate Payee dies prior to the receipt of all payments potentially payable to the Alternate Payee from PSERS under this Order, then any payment payable to the Alternate Payee by PSERS shall revert to Member. 2 9. Retirement Option Selection. The term and amount of Member's retirement benefit payable to Alternate Payee under the terms of this Stipulation and Agreement after its entry as a Domestic Relations Order acceptable to PSERS are dependent upon which option is selected by member upon retirement. Member and Alternate Payee expressly agree that Member shall select the Maximum Single Life Annuity for the marital portion at the time Member files an Application for Retirement with PSERS. 10. Tax Liabilities. PSERS shall issue individual tax forms to Member and Alternate Payee for the amounts paid to each. 11. Limitations on the Alternate Payee. Alternate Payee may not exercise any right, privilege or option offered by PSERS. In no event shall the Alternate Payee her Estate have greater benefits or rights than those that are available to the Member. The Alternate Payee or her Estate is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee or her Estate 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 the Alternate Payee or her Estate by this Order are preserved for the Member. 12. Cost of Living Adjustments (COLAs). It is specifically intended and agreed by the parties hereto that this Stipulation and Agreement: a. Does not require PSERS to provide any type or form or amount of benefit or option not otherwise provided under the Retirement Code: and 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 adjustments or on other than actuarial values. 13. Intent of the Parties. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted, and entered as a Domestic Relations Order. 14. Amendments. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order based on 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 till invalidate any existing Order. 15. Effective Date. Upon its entry as a Domestic Relations Order, a certified copy of this Stipulation and Agreement, and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon its approval and the approval of any attendant documents by PSERS, and shall remain in effect until further Order of Court. C??R i es ? 6/ W 11 Aet BY COURT: Judge c cm -n -<n ro ?o - zQ a a v' n ? °M --t N D ^C co ::0 4