HomeMy WebLinkAbout93-0210 JEFFREY E. JOHNSTON, : COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO: 910 CIVIL 1993
ROBIN L. MCCANNA,
Formerly Robin L. Johnston : c-) �� nq
q
Defendant IN DIVORCE 271 rn rn s r,.
PETITION, STIPULATION AND AGREEMENT r ,
FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" -< ° -4 c:-)
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AND NOW, this day of June, 2013, the parties Jeffrey E. Johnstog$laigff,
pro se and Robin L. McCanna, formerly Robin L. Johnston, Defendant, by and lUgh fier
counsel Joseph D. Buckley, Esquire, having been divorced by Decree dated June 14, 1994 of the
Court of Common Pleas of Cumberland County entered at Docket Number 910 Civil 1993, do
hereby stipulate and agree as follows:
1. The parties were married on December 27, 1980 and divorced by Order of this Court
dated June 14, 1994. The Order and Decree of Divorce stated, in part, "The parties.
Settlement Agreement of April 29, 1994 [is] incorporated by reference." (A true and
correct copy is attached as Exhibit"A")
2. By Agreement dated September 15, 2011, the parties amended their Settlement
Agreement dated April 29, 2011 deleting Paragraph 2 and replacing said paragraph
with a new paragraph which provides in part:"The parties agree Johnston shall pay
over to McCanna an amount equal to ten thousand dollars ($10,000.00 from
Johnston's Great Western Financial roll-over retirement plan (Plan 498978-01)." (A
true and correct copy of which is attached and marked Exhibit"B")
3. The Plaintiffs current retirement plan administrator is requiring specific language in
an Order and the requested Order with findings is attached. (A true and correct copy
of the letter dated June 19, 2013 from the Plan administrator is attached hereto and
marked Exhibit 8)
4. Plaintiff is reluctant to transfer the funds from the Plan to Defendant without the
benefit of a Qualified Domestic Relations Order so as to insure that the withdraw of
the funds will not be a taxable event pursuant to Internal Revenue Code Sections
72(t)(2)(c) and Section 414(p)(1).
5. Defendant desires that the administrators of the Plan segregated and liquidate assets
necessary to fund the amount of$10,000.00 and to forward a draft or check in the
same amount, that being, $10,000.00 to Defendant.
6. The Plaintiff's current retirement plan administrator is requiring specific language in
an Order and the requested Order with findings is attached.
7. The Honorable Judge Edgar Bailey had formerly been the Judge assigned to and
handling matters relating to this divorce.
WHEREFORE, the parties, pray this Honorable Court enter findings and an Order as
attached to this stipulation intending to be legally bound by the terms of this Stipulation and
Agreement, do hereunto place their hands and seals.
Respectfully submitted,
-P-jR
J Jo ston, Pro Se Jo ' u cley, quire
tey for the Plaintiff
ID # 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
JoeBLaw @aol.com
EXHIBIT
A
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IN THE COURT OF COMMON PLEAS.
OF CUMBERLAND COUNTY
o
STATE OF PENNA.
e
JEFFREY E. JOHNSTON#
e .. .......................... ..................... .-..... ...............: ... t� 910 CIVIL 9 93
' 1 ♦
• R 1al atiff..........................
Versus
ROB.IN..L.,._.JOHNSTON,._ ....
. ....... ...........
.-A.ef.endant
1 DECREE IN {
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DIVORCE
AND NOW �,. Q� . A.1A . . . . . . . . . . . . . 19 • it is ordered and
♦� decreed that Jeffrey , E Johnston, , , • , • . . . . . . . . . . . . . plaintiff,
,. . . . . . ..
and . . . . . . . . . . . . . . . . . . . . Ro�ain. .�, . �ohn$ton . . . . . . . . . . . . . . . . . defendant, c
are divorced from the bonds of matrimony.
�+ The :ourt retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet o
been entered; `JJ ;
� .
Mane, .The. P.artles ! Sett1•ement. .Agreement •iaf• .�pri•1• •29•,• •1994•
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and. Trust• �►.grQem.qnt. of .�1P.r.i.l. 2.9.R . ],� 4 • corp,arated .herein S
as an Order of Court .
By he o r
......... ......
Attest: ..... ... . . .. . . ... ,.
Prothonotary
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�. Exhibit cc B
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sErrLEMENr A
THIS ACRxMMV, made this d y day of 1994, by and
between JEFFREY E. JOHNSTON, hereinafter called Husband, and ROBIN L.
a
i JOHNSTON, hereinafter called Wife;
�FSSETH:
WHEREAS, Husband and Wife were lawfully married on December, 27, 1980,
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j in Mercer County, Pennsylvania; and
Wes, differences have arisen between Husband and Wife in consequence
of which they intend to live separate and apart from each other and have
consented to a mutual consent divorce; and
WHEREAS, Husband and Wife desire to settle and determine their rights
and obligations.
MW, MMMORE, the parties, intending to be legally bound hereby, agree
as follows:
1. Separation. It shall be lawful for each party at all times
I hereafter to live separate and apart from the other at such place as he or she
I may from time to time choose or deem fit. The foregoing provision shall not
i be taken as admission on the part of either party of the lawfulness or
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unlawfulness of the causes leading to them living apart.
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2. Division of Property. The parties have divided between them to
their mutual satisfaction the household furniture, supplies and furnishings,
and other articles of household property which have heretofore been used by
them in c==n, and neither will make any claim to any such items which are
jnow in possession or control of the other, except as otherwise set forth
herein.
The parties agree that the bank accounts existing at the time of their
separation have been equitably divided.
r The parties shall retain the respective automobiles in their possession
and assume any obligations associated therewith. The parties hereto agree to
sign a Power-of-Attorney transferring all of their right, title and interest
in the other's vehicle at the signing of this Agreement or as requested at a
C later date.
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Exhibit"A"
The parties intend that the Husband's pension will be divided with each
establishing a separate account at SERS based upon an equal division of the
marital portion of the pension. The parties acknowledge that they separated
on February 23, 1991. As of the date of separation, the Husband had 122
months of employment with the Commonwealth of Pennsylvania concurrent with the
parties' marriage. It is the parties' agreement that the Husband's retirement {
account as of the date of separation be equally divided and separate accounts
for each party be established with the pension/retirement fund (SERS) . Any
contributions subsequent to the separation shall be Husband's separate
property. Any appreciation experienced in the marital portion of Husband's
account, subsequent to the parties' separation based on the investments, shall
be equally divided. The parties agree to cooperate in completing any
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documentation that the pension/retirement plan may request so as to establish
a separate account for each party at the earliest possible time,
The Court shall retain continuing jurisdiction to enter an appropriate
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Order or Orders as may be necessary to establish the respective parties'
accounts as a Qualified Domestic Relations Order (QDRO) and other controlling,
present or subsequent legislation, as well as to effectuate the intent of the
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parties. The participant Husband and Alternate Payee Wife may elect to i
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receive benefits in any form in which they may be paid under the plan.
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Husband agrees that, until such time as the pension is distributed by
QCRO, he will name the trust established herein for the children as
beneficiary under any and all benefits having a death beneficiary designation,
subject only to Wife's marital coverture share. This designation of the
children shall be irrevocable until such time as the youngest child attains
the age of 22 years, dies or marries.
Husband has life insurance benefits through his employment, and Wife has
$100,000 of term insurance upon her life. The parties agree to continue in
full force and effect the aforesaid insurance coverage until the youngest
surviving child of the parties attains the age of twenty-two (22) years.
The parties further agree to pay all premiums due on said insurance
coverage. Within thirty (30) days after the date of execution of this
Agreement, the parties shall deliver to the respective attorneys of the other,
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Exhibit"A"
satisfactory proof that the beneficiary designation has been properly endorsed
on such insurance coverage as the life insurance trust designated herein and
that the insurer has received notice of the restrictions placed upon ownership
of the insurance by the terms of this Agreement. The parties shall also
request that duplicate premium statements and receipts be mailed by the I
insurer to the other. '
The parties shall designate the attached life insurance trust as the !
beneficiary of the foregoing insurance coverage upon their lives until the I
youngest surviving child of the parties has attained the age of twenty-two
(22) years.
3. Real Estate. The parties hereto shall retain joint ownership of the
marital residence located at 1346 Zimmerman Road, Carlisle, Pennsylvania, as
tenants in common. Wife shall have exclusive possession of the real estate i
until the youngest surviving child of the parties is no longer in high school
and for so long as she shall maintain primary or joint custody of the children i
of the parties.
In the event of the occurrence of any of the following option events,
the property shall be placed on the market for sale. In the event of the sale
of the property to third parties, the net proceeds after payment of the
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mortgage and customary closing costs shall be divided equally between the i
parties hereto. Wife shall have ten (10) days to match any third party offers j
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which would be acceptable to Husband on the basis of a right of first refusal.
In offering to match any offers, Wife shall be entitled to a sixty (60) day
financing contingency for eighty (80%) percent financing at then prevailing I
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interest rates. In the event of the purchase of the property by Wife, the
consideration would be one-half the third party offer less one-half the then
' principal balance of the mortgage. '
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Exhibit"A"
The option events would be Wife's remarriage or cohabitation with a man
to whom she is not related within the degrees of consanguinity, Husband's
bankruptcy, Husband's suffering a non-voluntary reduction of income affecting
his ability to pay child support or suffering a judgment to remain of record
against him for more than sixty (60) days, Husband's death, the cessation of
high school attendance by both of the children of the parties or the transfer
of primary physical custody of both of the children of the parties from Wife.
In the event of the death of Wife, her bankruptcy or her suffering a !
judgment to remain of record against her for more than sixty (60) days, the
property shall be placed on the market for sale and Husband shall have the
same right of first refusal.
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During Wife's exclusive possession, she shall be solely responsible for !
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the mortgage payment. The parties shall share equally any necessary
matintenance
expenses in excess of $250.00. The real estate taxes and
insurance shall be the sole responsibility of Wife and any proration on
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settlement shall be to her benefit or liability.
The law would entitle Wife to more than half the marital property in
equitable distribution, but the law would not require Husband to pay as much
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as $655.00 every two weeks for support of the children.
fundamental consideration in Wife's accepting what is essentially I
e of marital property, is Husband's agreement to pay $655.00
every two weeks for support of the children. Husband does hereby agree to pay
Wife directly utilizing a direct deposit, $655.00 every two weeps for the
support of the children of the parties and to maintain health insurance
coverage on the children as available through his employer. only if there are
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Exhibit"A"
problem with Husband's paying will wife utilize the Domestic Relations Office
as a conduit for payment of child support. Husband further agrees to maintain
health insurance upon Wife until the date of the divorce so that she will be
able to have the option of purchasing health insurance coverage for herself
thrbugh Husband's employer under the applicable provisions of federal law.
The agreed amount of child support may be modified by either party in
accordance with the current or amended support guidelines based upon a
substantial change in circumstances. In addition, Wife's gross incom up to
$15,000 per year, exclusive of child support, shall not be considered as a
basis for a reduction in child support. In the event of Husband"s seeking a
reduction in support for a non-voluntary loss of income, then, to the extent
that the reduction is allowed by Wife or ordered by court, there shall be an
equal reduction in the share of the proceeds from the distribution of the
equity after the home is sold or purchased by Wife, provided Wife continued to
make the mortgage,- tax and insurance payments. Likewise, should either party
fail to meet his/her obligations in relation to the real estate, then
necessary adjustments at settlement to reflect same, shall be made prior to
equal division of the proceeds. In the event that Husband seeks and is
granted a reduction in support, other than for circumstances involving the
death of a child or a non-voluntary loss of incomet, he will be required to
iumediately convey to Wife his interest in the marital dwelling.
So long as Husband continues to pay $655.00 every two weeks for child
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support with none of it allocated to Wife as spousal support or alimony,
Husband shall be entitled to claim the children for federal income tax
Exhibit"A"
exemption purposes and shall be entitled to claim the mortgage interest and)
real estate tax deductions.
Wife will also cooperate in executing an amended federal income tax
return for 1992 to be prepared by Husband with the understanding that she will
not' be required to return the refund which she received for 1992 in the amount
of $58.77.
4. Debts. Except for the debts and obligations Created hereunder, each
party agrees to pay and hereby agrees to hold the other harmless from any and
all personal debts and obligations incurred by him or her subsequent. to the
date of separation, which shall be deemed to be March 1, 1991. If any, claim,
action or proceeding is hereafter brought seeking to hold the other party
liable on account of such debts or obligations, each party will at his or her
sole expense defend the other party against any such claim, action or
proceedings, whether or not well-founded, and indemnify the other party
against any loss or liability resulting therefrom.
5. Equitable Property. This Agreement constitutes an equitable
division of the parties' marital property. The parties have determined that
the division of this property conforms with regard to the rights of each
party. The division of existing marital property is not intended by the
parties to constitute in any way a sale or exchange of assets, and the
division is being effectuated without the introduction of outside funds Or
other property not constituting the matrimonial estate.
Each party hereby acknowledges that this Agreement adequately provides
for his or her needs and is in his or her best interest, and that the
Agreement is not the 'result of any fraud or undue influence exercised by
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Exhibit"A"
either party upon the other or by any other person or persons upon either
Iparty. Both parties hereby waive the following procedural rights:
A. The right to obtain an inventory and appraisement of all
marital and separate property as defined by the Pennsylvania Divorce Code.
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i B. The right to obtain an income and expense statement of the
other party as provided by the Pennsylvania Divorce Code.
C. The right to have the court determine which property is
marital and which is non-marital, and equitably distributable between the
parties that property which the court determines to be marital.
D. The right to have the court decide any other rights, remedies, i
privileges or obligations covered by this Agreement, including but not limited j
to possible claims for divorce, spousal support, alimony, alimony pendente
lite (temporary alimony) , and counsel fees, costs and expenses.
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6. Custody, of Children. The parties have two children, Annie L.
Johnston, born 6/23/88, and Eric D. Johnston, born 5/7/85. The parties shall
have joint legal custody of the children and the mother shall have custody of j
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the children with the exception of the following schedule:
A. The father shall have the children on an alternating weekend
schedule from Friday evening to Sunday evening.
B. An evening each week after school and before bedtime. i
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C. Two weeks (non-consecutive) during the summer. i
D. The parties shall alternate the following holidays: New '
Years, Presidents Day, Martin Luther King, July 4th, Memorial Day, Labor Day
and Veterans Day. On the following holidays, the children shall spend a
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Exhibit"A" i
portion of each with the parents as they may agree to from time to time:
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I Christmas Eve through Day, Easter and Ztuil�sg ivi
ng
I E. Irrespective of the weekend schedule, Fathers Day shall be
spent with Husband and Mothers Day with Wife.
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F. In the event a parent is taking the children out of the area,
other than a day trip, they each agree to inform the other in advance and to
provide the other with a phone number.
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G. In the event Wife intends to relocate away frrnn the area, she
agrees to provide Husband with ninety (90) days advance notice thereof in
writing.
H. The parties agree that this custody arrangement may be
modified upon a change in circumstances and the parties agree to renegotiate
the same. In the event that they cannot reach an agreement, then the matter
shall be submitted to the court for resolution.
7. Release of All Claims. Each party, except as otherwise provided for
in this Agreement, releases the other from all claims, liabilities, debts,
obligations, actions and causes of action of every kind that have been
incurred, or may be incurred, relating to or arising frcan the marriage between
the parties. However, neither party is relieved or discharged fran any
obligations under this Agreement or under any instrument or document executed
pursuant to this Agreement.
8. Breach. If either party breaches any provision of this Agreement,
the other party shall have the right, at his or her election, to sue for
i damages for such breach, and seek any other remedy allowed in law or equity.
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The party breaching this contract shall be responsible for the payment of
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Exhibit"A"
reasonable legal fees and costs incurred by the other in enforcing his or her
rights under this Agreement, or seeking such other remedy or relief as may be
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available to him or her. Reasonable counsel fees hereunder shall be defined
as reasonable hours expended at the then hourly rate of counsel for the
j prevailing party. Such counsel fees shall extend to any independent
proceedings necessary to collect counsel fees or to enforce any other judgment
or decree in connection with this Agreement. Such counsel fees shall be
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payable as alimony so as to constitute an exception to discharge in j
bankruptcy. Waiver by one party of any breach of this Agreement by the other
party shall not be deemed a waiver of any subsequent, similar breach or other
breaches.
9. Full Disclosure. Husband and Wife each represent and warrant to the
iother that he or she has made a full and cmplete disclosure to the other of
all assets of any nature whatsoever in which such party has an interest, of
the source and amount of the income of such party of every type whatsoever and
all other facts relating to the subject matter of this Agreement.
10. Divorce. This Agreement shall not be construed to affect or bar
the right of either Husband or Wife to a true and absolute divorce on legal
and truthful grounds as they now exist or may hereafter arise. It is
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understood, however, that Husband, as of the signing of this Agreement, has
filed an action in divorce in the Court of Common Pleas of Cumberland County
in which he alleges that the marriage is irretrievably broken. Both parties
understand and agree that Husband shall pursue said divorce on the grounds
that the marriage is irretrievably broken, and that both parties will execute,
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deliver and file the necessary affidavits and all other petitions or documents
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Exhibit"A"
necessary to effectuate the divorce pursuant to Section 3301(c) of the Divorce
Code. Wife agrees that the marriage is irretrievably broken.
11. Representation of Parties by Counsel. Each party has had the
opportunity to have legal counsel to represent each of them in the negotiation
and preparation of this Agreement and has either been so represented or has
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voluntarily chosen not to be represented. Each party has carefully read this
Agreement and is completely aware, not only of its contents, but also of its
legal effect.
12. Additional Instruments. Each of the parties shall on demand or
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within a reasonable period thereafter, execute and deliver any and all other
documents and door cause to be done any other act or thing that may be I
necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either party fails on demand to comply with the provision, that
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party shall pay to the other all attorneys' fees, costs and other expenses
reasonably incurred as a result of such failure.
13. Modification and Waiver. Modification or waiver of any provision
of this Agreement shall be effective only if made in writing and executed with
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the same formality s this I
ty Agreement. The failure of either party to insist �
upon strict performance of any of the provisions of this Agreement shall not j
be construed as a waiver of any subsequent default of the same or similar
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nature. i
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14. Descriptive Headings. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the '
rights or obligations of the parties.
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Exhibit"A"
15. Successors and Assigns. This Agreement, except as otherwise
expressly -provided herein, shall be binding upon and shall inure to the
benefit of the respective legatees, devisees, heirs, executors,
administrators, assignees and successors in interest to the parties.
16. Governirx This Agreement shall be governed by and shall be
construed in accordance with the laws of the C=nonwealth of Pennsylvania.
17. Order of Court. With the approval of any court of canpetent
jurisdiction in which any divorce proceeding may now be pending or which may
hereafter be instituted, this Agreement may be incorporated in any decree of }!
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absolute divorce which may be passed by said court.
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IN W,ITtMW'WMMF, intending to be legally bound hereby, the parties
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hereto have hereunto set their hands and seals the day and year first above
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written.
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WITNESS: !
(SEAL)
w
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e6/49:2��_JOHNSTON
(SEAL)
-� ROBIN L. JAWSTON
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Exhibit"A"
STATE OF Pera sylvania
SS.
COUNTY OF Cumberland ;
NOW apf
AM , this day of , 1994, before me, the
i undersigned officer, personally appeared JEFFREY E. JOHNSTON, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed same for the purposes therein
contained.
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IN WITNESS MMMF, I hereunto set my hand and official seal.
Motarw seal
« C511e a ur Cv"z'
Y P�!bSTATE OF Pennsylvania '
�SS. My miwkn Sor G's271c r9rt
y 9!*
000M OF Cumberland 4'
!ierj L41
.
AND NOW, this o29i day of . , 1994, before me, the
undersigned officer, personally appeared RO IN L. JOHNSTON, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed same for the purposes therein f
contained.
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IN WITNESS WUMEOF, I hereunto set my hand and official seal.
Notary Public i
Notarial Seal
Connie J. Tritt. Notary Publio
Carlisle, Cumberland County
i My Commission Expires Oct. 5. 1956
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Exhibit"A"
EXHIBIT
B
AMENDMENT TO SETTLEMENT AGREEMENT
AND NOW this Aay of September, 2011, comes Jeffrey E. Johnston, hereinafter called
"Johnston" and Robin L. McCanna, hereinafter called "McCanna" and amend and modify their
Settlement Agreement dated April 29, 1994 as follows:
1. Paragraph 2 entitled "-Division of Property" is hereby deleted in total and is modified as
follows:
"The parties have divided their personal property among and between themselves to their
mutual satisfaction.
The parties agree Johnston shall pay over to McCanna an amount equal to ten
thousand dollars ($10,000.00) from Johnston's Great Western Financial roll-over
retirement plan (Plan # 98978-01). The parties agree to cooperate in completing any
documentation that the pension/retiremeint plan may require to effectuate such transfer to
McCanna.
The Court of Common Pleas of Cumberland County, Pennsylvania which has
formerly entered a decree in Divorce which incorporated the parties' Settlement
Agreement.therein, retains continuing jurisdiction to enter an appropriate Order as may
be necessary to establish the respective parties' portion of the funds as a Qualified
Domestic Relations Order (QDRO) . The parties agree to petition the said Court to enter
an appropriate QDRO.
2. No other terms and conditions of the parties settlement agreement are herein amended or
modified.
3. The parties were provided advance copies of this agreement and were given five days to
review the same with counsel of their choosing. The agreement was prepared by Joseph
D. Buckley, Esquire, attorney for Robin L. McCanna.
IN WITNESS WHEREOF, the parties, intending to be legally bound hereby, set their
respective hands and seals the day and year first written above.
WITNESS:
(SEAL)
ToMkT6N
�ZtSF-AL)
ROBIN L. MCCANNA
EXHIBIT
C
Fax Server 6/19/2013 6: 57 : 34 AM PAGE 2/002 Fax Server
..............................
June 19,2013
JOSEPH D BUCKLEY ESQ
1237 HOLLY PIKE
CARLISLE PA 17013
VIA FACSIMILIE:(717)249-4103
RE: Proposed Order
Name of Participant: Jeffrey E. Johnston
Plan 4: 98978-01
Dear Mr. Buckley:
We are in receipt of the proposed Qualified Domestic Relations Order(QDRO)in relation to Jeffrey E.
Johnston's Commonwealth of Pennsylvania Deferred Compensation Program.
In accordance with Great-West Retirement Services®contract with the Plan, Great-West is permitted to
process a Qualified Domestic Relations Order(QDRO)received for a Plan Participant which is
substantially similar to the Plan's pre-approved model order.
We have reviewed the proposed Order which awards the Alternate Payee$10,000.00 of the Participant's
total account balance as of the date the Order is processed, and have determined the proposed Order is
acceptable and can be submitted to the court for Order entry.
Please note that we will need the Alternate Payee's full social security number to be provided in the Order
or under separate cover in order to process.
Please fax a copy of the court entered Order to us at(866) 745-5766. Upon receipt of the filed Order, a
separate account will be established under the Alternate Payee's name, which will be subject to market
fluctuation.
We will notify the parties with the details of the transaction after the Order is implemented.
If you have any questions,please call us at(866)360-1192,option 1.
Sin�p e
14 istofa i9(1
Retirement Cones dent
#,�1�lnancial Services ivision
cc: Jeffrey E. Johnston
Robin L.McCanna
8515 E.ORCHARD ROAD GREENWOOD VILLAGE,CO 80111 (303)737-3000
VERIFICATION
The undersigned, Jeffrey E. Johnston, Plaintiff, Pro Se, hereby certifies that the
statements made in the foregoing Petition for Domestic Relations Order are true and correct to
the best of his knowledge, information and belief. Further I verify that the agreement and
stipulation was entered into freely and that I had an opportunity to review the same with counsel
of my choosing.
It is understood that statements made herein are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Date: �2-o zeo
Ofohnston, Plaintiff, Pro Se
VERIFICATION
The undersigned, Robin L. McCanna, Defendan, hereby certifies that the statements
made in the foregoing Petition for Domestic Relations Order are true and correct to the best of
my knowledge, information and belief. Further I verify that the agreement and stipulation was
entered into freely and that I had an opportunity to review the same with counsel Joseph D.
Buckley, Esquire.
It is understood that statements made herein are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Date: .� ®" 13 Rat,
YLV e aY.. J
Rob in LMcCanna,
Defendant
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IN THE COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
JEFFREY E. JOHNSON,
Plaintiff
NO. 210 CIVIL 1993
V.
ROBIN L. McCANNA,
formerly ROBIN L. JOHNSON DIVORCE—DOMESTIC RELATIONS
Defendant ORDER
O ER
AND NOW, this day of , 2013, based on the
parties petition and stipulation the Court and findings in items one through five makes the
following findings:
1. Parties: The parties hereto were Jeffrey E. Johnston, formerly husband (and also
called Plan "Participant") and Robin L. McCanna, formerly wife, (also called
"Alternative Payee") and a divorce action was filed in this Honorable Court at the
above docket number. This Court has personal jurisdiction over the parties. The
parties were married on December 27, 1980 and divorced by Order of this Court
dated June 14, 1994. The Order and Decree of Divorce stated, in part, "The parties.
Settlement Agreement of April 29, 1994 [is] incorporated by reference." By
Agreement dated September 15, 2011, the parties amended their Settlement
Agreement dated April 29, 2011 deleting Paragraph 2 and replacing said paragraph
with a new paragraph which provides in part:
"The parties agree Johnston shall pay over to McCanna an amount equal to ten
thousand dollars ($10,000.00 from Johnston's Great Western Financial roll-over
retirement plan (Plan#98978-01)."
2. Participant Information: The name, last known address, Social Security number
and date of birth of the Plan "Participant" are:
Jeffrey E. Johnston 466 Nursery Drive North,Mechanicsburg, PA 17055
3. Alternate Payee Information: The name, last known address, and Social Security
number of the "Alternate Payee" are:
Robin L. McCanna 606 Cooper Circle , Carlisle, PA 17013
The Alternate Payee shall have the duty to notify the Plan of any changes in mailing
address subsequent to the entry of this Order.
4. Plan Name: The name of the Plan to which this Order applies is the Commonwealth
of Pennsylvania Deferred Compensation Program (hereinafter referred to as "Plan").
The Participant's was a former employee of the Commonwealth of Pennsylvania's
Office of Budget and his current retirement Plan is administered by Great Western
Financial (Plan# 98978-01, I.D. # 6673038).
Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect
Alternate Payee's right as stipulated under this Order.
Based on these findings and the stipulation of the parties the Court Orders the following:
5. 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 benefits payable under an employer-sponsored defined contribution plan
under section 475(b) of the Internal Revenue Code (the "Code").
6. Pursuant to the Commonwealth's Domestic Relations Law: This Order is entered
pursuant to the authority granted in the applicable domestic relations laws of the
Commonwealth of Pennsylvania.
7. Provisions of Marital Property Rights: This Order relates to the provision of
support, alimony, equitable distribution or other marital property rights as a result of
the Order of Divorce between the Participant and the Alternate Payee.
Amount of Alternate Payee's Benefits: This Order assigns to the Alternate Payee
an amount equal to: Ten Thousand Dollars ($10,000.00) of the Participant's Total
Account Balance under the Plan as of the date of this Order is processed. Such Total
Account Balance shall include all amounts maintained under all of the various
accounts and/or sub-accounts established on behalf of the Participant, including, but
not limited to, any rollover, transfer, and the self directed brokerage account. The
Alternate Payee's portion of the benefits described above shall be allocated on a pro
rata basis from all of the core money type accounts and core investment options
maintained under the Plan on behalf of the Participant.
8. Commencement Date and Form of Payment to Alternate Payee: If the Alternate
Payee so elects on the appropriate Plan form that is submitted to the Plan, the benefits
shall be paid to the Alternate Payee as soon as administratively feasible following the
date this Order is approved as a PADRO by the Plan. Benefits will be payable to the
Alternate Payee in any form or permissible option otherwise available to participants
under the terms of the Plan. The Alternate Payee's account shall bear all fees and
expenses as though the Alternate Payee were a Participant.
9. Alternate Payee's Rights and Privileges: On and after the date that this Order is
deemed to be a PADRO, but before the Alternate Payee receives a total distribution
under the Plan, the Alternate Payee shall be entitled to all of the rights and election
privileges that are afforded to Plan beneficiaries, including, but not limited to the
right to direct Plan investments, only to the extent permitted under the provisions of
the Plan. The Alternate Payee may not make contributions to the Alternate Payee
account.
10. Death of Alternate Payee: In the event of the Alternate Payee's death prior to
receiving the full amount of benefits assigned under this Order and under the benefit
option chosen by the Alternate Payee, the remainder of any unpaid benefits under the
terms of this Order shall be paid to the Alternate Payee's Estate. The Alternate Payee
may not designate a beneficiary.
11. Death of Participant: Should the Participant predecease the Alternate Payee, such
Participant's death shall in no way affect the Alternate Payee's right to the portion of
the benefits as stipulated herein.
12. 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 or form of benefits or any option not otherwise provided
under the Plan;
b. To provide increased benefits to the Alternate Payee:
c. To pay any benefits to the Alternate Payee which are required to be paid to
another alternate payee under another order previously determined to be a
PADRO; or
d. To make any payment or take any action which in inconsistent with any federal or
state law, rule, regulation or applicable judicial decision.
13. Certification of Necessary Information: All payments made pursuant to this Order
shall be conditioned on the certification by the Alternate Payee and the Participant to
the Plan of such information as the Plan may reasonably require from such parties.
14. Continued Qualified Status of Order: It is the intention of the parties that this
DRO continue to qualify as a DRO under section 414(p) of the Code, as it may be
amended from time to time, and that the Plan shall reserve the right to reconfirm the
qualified status of the Order at the time benefits become payable hereunder.
15. Tax Treatment of Distributions Made Under This Order: For purposes of
sections 402(a)(1) and 72 of the Code, or any successor Code section, any Alternate
Payee who is the spouse or former spouse of the Participant shall be treated as the
distributee of any distribution or payments made to the Alternate Payee under the
terms of this Order, and as such, will be required to pay the appropriate federal
income tax on such distribution.
16. Parties Responsibilities in Event of Error: In the event that the Plan
inadvertently pays 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 the Participant has received such benefit
payments by paying such amounts directly to the Alternate Payee within ten(10)days
of receipt.
In the event that the Plan inadvertently pays the Alternate Payee any benefits that are
to remain the sole property of the Participant pursuant to the terms of this Order, the
Alternate Payee shall return such payments to the Plan within ten(10) days of receipt.
17. Effect of Plan Termination: In the event of a Plan termination, the Alternate
Payee shall be entitled to receive his or her portion of the Participant's benefits as
stipulated herein in accordance with the Plan's termination provisions for participants
and beneficiaries.
18. Continued Jurisdiction: The Court retains jurisdiction over this matter to amend
this Order to establish or maintain its status as a qualified domestic relations order
under Code section 414(p), as amended and the original intent of the parties as
stipulated herein. The Court shall also retain jurisdiction to enter such further orders
as are necessary to enforce the assignment of benefits to the Alternate Payee as set
forth herein.
19. Fee: A processing fee of $250.00 shall be charged the Participant's remaining
account. In the event that the Alternate Payee is awarded 100% of the Participant's
account balance as of the date this Order is processed pursuant to this Order, the
entire processing fee shall be charged to the Alternate Payee's account/share. If there
are not sufficient funds in either party's account to pay that party's respective share of
the fee,the difference shall be charged to the other party.
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