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Law Offices of
Craig A. Diehl
3464 Trindle Road
Camp Hill, Pennsylvania 17011
Telephone (7171 763.7613
Telecopier (7171 763.8293
Craig A, Diehl, Esquire, C,P,A,
Thomas J. Rounan, Esquire
Jeffrey C, Goss, Esquire
In Spring Grove, Pennsylvania
119 West Hanover Road
Spring Grove, P A 17362
Telepbone: (7171 225-1929
August 19, 1997
The Honorable Kevin A, Hess
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Re: Welsch v. Welsch
CivU Acdon 94-1023
Dear Judge Hess:
Please be advised that I am in receipt of your letter dated August 18, 1997, wherein
you made note that I have yet to appear in this action. Let me apologize for my lack of
appearance, as I had taken over this case from a previous Attorney from our finn who had
made an appearance in the custody action, but not the divorce action. I have enclosed a copy
of the appearance I have just filed with the Prothonotary, along with the simultaneous
withdrawal of Carl Wass, previous counsel.
With respect to the QDRO, I am under the impression from my client, Karen Welsh,
Defendant, that she had never acceded to the initial QDRO. I am in the midst of attempting
to confinn this fact against the court record, Currently, I have ceased correspondence with
Plaintiff until I have confinnation that the initial attorney handling his divorce action has
withdrawn. Therefore, it may be some time before we resolve this matter between the two
parties, Again, I apologize for any inconvenience and will forward you an amended QDRO
when the two parties have come to an Agreement. If you have any infonnation regarding
my client's acceding to the initial QDRO, please forward me the same or call me at our
Camp Hill office, Thank You,
Page 1Wo. Judge Kevin A, Hess
August 19. 1997
If you have any further questions or concerns please do not hesitate to call me at our
Camp Hill Office,
JCG:py
Enclosures
COMMONWEALTH OF PENNSYLVANIA
COURTHOUSE
, COURTHOUSE SOUARE
CARLISLE, PA
17013
KEVIN A. HESS
JUDOE
(717) 240,6296
August 18, 1997
Jeffrey C. Goss, Esquire
3464 Trindle Road
Camp Hill, PA 17011
Re: Welsch v, Welsch
Dear Mr, Goss:
The Prothonotary has forwarded to me your recent correspondence proposing the entry of
an amended Qualified Domestic Relations Order, Your proposed order purportedly corrects
certain discrepancies in the QDRO initially entered on September 6, 1996,
In looking through the divorce file, I was unable to find when you had entered your
appearance on behalf of a party to this action, Your letter inferred that the amended QDRO is
being proposed by the defendant. I did not, however, see any indication that the entry of the
order had been acceded to by the plaintiff. Provided I have some evidence that both parties
agree, I will be happy to sign the proposed amended order.
Very truly yours,
~ . /i. ;-1..
KAHlrlm
KAREN R. WELSCH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JEFFREY K. WELSCH,
Defendant
NO. 1023 - 1994
CIVIL ACTION - DIVORCE
NOTICE OF ENTRY OF APPEARANCE
TO THE COURT:
Please enter my appearance on behalf of Plaintiff. Koren R, Welsch in the above-captioned
matter,
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
AVol/.,r 1"/ ,QQ1
(717) 763-7613
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-1023
CIVIL ACTION - LAW
JEFFREY KENT WELSCH,
Plaintiff
KAREN RUTH WELSCH,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw my appearance on behalf of the Defendant in
the above matter.
Date: ~~~\ ,qq,i
CALDWELL & KEARNS
By "'" > Q ,~ J:"^-,,
Carl G. Wass, Esquire
3631 North Front Street
Harrisburg, PA 17110
(7171 232-7661
I.D. #07268
Attorney for Defendant
KAREN R. WELSCH,
Plaintiff
I
IN THE COURT OP COMMON PLEAS OP
CUMBBRLAND COUNTY, PENNSYLVANIA
VB.
JEPPREY X. WELSCH,
Defendant
.
.
NO. 1023 - 1994
I
I CIVIL ACTION - DIVORCB
CBRTIPICATB OP SBRVICB
The undersigned hereby certifies that on the date hereof, a
copy of the foregoing "Notice of Entry of Appearance" and Praecipe
for withdrawal of appearance for Carl Wass were served on all
parties of interest by way of United States mail, first class,
postage prepaid, addressed as follows:
Jeffrey K. Welsch/Counsel
521 57th Street
Altoona, PA 16602
Date:
A\JG\Joc;r 19 ,QCf1
I
By:
Gss-
e C. Goss, Esquire.
FFICES OF CRAIG A. DIEHL
Trindle Road
Camp Hill, PA 17011
(7171 763-7613
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 1023 Civil 1994
JEFFREY KENT WELSCH,
Plaintiff
KAREN RUTH WELSCH,
Defendant
DIVORCE
ENTRY OP APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter my Appearance on behalf of Defendant, Karen Ruth
Welsch, in the above-captioned matter.
By:
Carl G. Wass, Esquire
Attorney I.D. 07268
3631 North Front Street
Harrisburg, PA 17110
(7171 232-7661
Attorney for Defendant
Karen Ruth Welsch
Dated: \Jl\.~J.O. ~ ( I ,q 91
28136
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CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the
foregoing document upon the person (sl in the manner indicated
below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the
United States Mail, Harrisburg, Pennsylvania, with first-class
postage prepaid, as follows:
Arthur K. Dils, Esquire
DILS & DIXON
Executive House, Suite #1
101 South Second Street
Harrisburg, PA 1710~
Attorney for Plaintiff
By:
Carl G. Wass, Esquire
Attorney I.D. 07268
3631 North Front Street
Harrisburg, PA 17110
(7171 232-7661
Attorney for Defendant
Karen Ruth Welsch
Dated: U"He ,~ I C\ q \of
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JEFFREY KENT WELSCH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No.
1023 Civil, 1994
KAREN RUTH WELSCH,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this Lt ~-t day
of f, l:, I v :'J 7
of the within
1995,
upon
,
Peti tion
for
presentation and consideration
Bifurcation, it is hereby Ordered that a hearing shall be held
on ~~
1995 at q:Ob 11 .M.
'-rn~
, thef~ day of
in Courtroom No. :r-
,
of the Cumberland
County
Carlisle,
Court
House,
One Court House Square,
Pennsylvania 17013, where it is Ordered the Respondent, Karen
Ruth Welsch, shall appear and show cause why, if any, the
Petition for Bifurcation shall not be granted.
serrvice 01 the within hearing date may be made upon
() rU..:)d
Attorney on behalf of the Respondent, Karen Ruth Welsch.
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BY THE COURT:
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CUHaE~LANO Cr,IJNTY
PEHH$ tL VANIA
JEFFREY KENT WELSCH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 1023 Civil, 1994
IN DIVORCE
vs.
KAREN RUTH WELSCH,
Defendant
PETITION FOR BIFURCATION
AND NOW, this ;I~day of February, 1995, comes the
Plaintiff, Jeffrey Kent Welsch, and respectfully requests the
following:
1. Your Petitioner, Jeffrey Kent Welsch, is the Plaintiff
in the above captioned divorce action, and is represented by
Attorney Arthur K. Dils, whose office is located at 101 South
Second Street, The Executive House, Suite Ll, Harrisburg,
Pennsylvania 17101.
2. The Respondent, Karen Ruth Welsch, is the Defendant in
the above captioned divorce action and is represented by Attorney
Carl G. Wass, whose office is located at 3631 North Front Street,
Harrisburg, pennsylvania 17110.
3. Your Petitioner and the Respondent were married on August
16, 1980 and separated on January 10, 1994.
, ---
4. Your Petitioner instituted an action in divorce under the
no-fault grounds that the marriage is irretrievably broken.
5. The parties, through their counsel, have attempted to
address the economic issues.
6. Support is being paid for the parties' three children in
the amount of $220.00 per week and spousal support in the amount
$100.00 per week.
7. The parties own no real estate and your Petitioner has
a pension and other retirement benefits and full disclosure
has been furnished to counsel for the Respondent, Carl G. Wass,
Esquire.
8. All issues of personal property have basically been resolved
in that the wife has obtained all the personal property which
she desires, except for some musical recordings.
9. The wife I s Attorney through a letter, requested a
settlement; see copy of said letter dated December 12, 1994
which is attached hereto and made apart hereof and marked Exhibit
"A".
-2-
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10. Your Petitioner and his Attorney believe that there has
been a full and complete settlement in that an acceptance has
been made basically to the offer of settlement. See copy of
letter dated December 29, 1994 attached hereto and marked Exhibit
"Bit.
11. Since the letter of acceptance has been communicated to
the wife's Attorney, there has been no action taken to finalize
the divorce.
12. Your Petitioner, through this Petition, avers that he
is being held economic captive and there is no reason why there
should not be a bifurcation of the proceedings.
13. The continued stagnation of this action and the fact that
it has not been finalized has worked a detrimental hardship
upon the emotional life and general well being of your
Petitioner. Your Petitioner is in a position that he deals
with serious matters involving his parishioners and must have
the ability to have his life on an even keel so that he can
be a benefit and service to his parishioners and others.
WHEREFORE, your Petitioner prays Your Honorable Court
to grant a bifurcation of the divorce action permitting the
-3-
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divorce to become finalized at this time, and the economic issues
to be resolved at a later time, and further, to Order that the
Support Order entered to No. 195 of 1994, DR 22,378 remain
in full force and effect.
Respectfully submitted,
DILS & ON
BY:
1 _
~~~~
hur K. Di s, Esquire
101 South Second Street
Executive House, Ste. L1
Harrisburg, PA 17101
(7171 232-9724
I.D. No. 07056
-4-
CAI.OWEI.I. & KEARNS
lit PNO' l ~!:aIOHAL (.O""UHII., ION
t HO"'''5 0 CALDWELL..IR
RICHARD L KCARNS
CARL a WA55
.JANtt. R CLIPPINGtH
CHARLES... DittA"'. III
.JAM[S 0 CAMflOtLl....N
.JAMes L GOl.D5MITH
"MontY I. MAR"
.J.UoH.!. 0 HtAlON, III
MAT THEW A COytR
prOONAH A CAVAelHI
TIMOTHY W ROMO'_AG[H
ATTORNEYS AT LAW
30.31 NORTtI fRONT !;offl[[1
HARRISBURG, PENNSYLVANIA 17110-1533
111 ~3l 7661
'A.., '17.I.JZ.Z7t)6
December 12, 1994
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Arthur K. Dils, Esquire
Oils & Dixon
Executive House, Suite #1
101 South Second Street
Harrisburg, PA 17101
Re: Jeffrey K. Welsch vs. Karen R. Welsch
Dear Art:
I have met with Mrs. Welsch and have discussed with her, in depth,
her position with regard to the divorce action filed by her
husband, her economic needs, the economic capability of her
husband, the "contributions made by either" to the marriage, etc.,
etc., etc. The bottom line is that my client will be amenable to
signing a Consent to have a divorce entered; however, she insists
upon the provision of certain economic security for herself and the
children of the parties.
Mrs. Welsch will be willing to sign an Affidavit of Consent if the
two parties enter into a Marriage Settlement Agreement which will
include the items, separately numbered, and set forth hereafter.
1. The pension and benefit plan accounts of Jeffrey Welsch, based
upon the status of those accounts as of June 30, 1994
(highlighted copy enclosed I , is to be allocated equally
between the parties, as follows:
(al The personal contributions and salarv reduction
contributions totaling $26,696, shall be divided equally,
into two separate accounts, one for Karen, one for
Jeffrey. Either party will then be free to maintain his
or her account as a retirement account, or remove the
money (with penalty) as each sees fit _ This can De
accomplished by a QDRO.
(bl By means of the same QDRO, applicable to the penSion
contributions provided by the Church, both prior to and
subsequent to January 1, 1982, there will be established
Exhibit "A"
, .
,_..""""......_~~"-
Arthur K. Oils, Esquire
Page 2
December 12, 1994
a division of the payment of the retirement benefits, based on
the coverture fraction, at the time of Jeffrey's retirement.
The coverture fraction of the entirety of the retirement
benefit will be established, and sot of the amount represented
by the coverture fraction is to be paid to Karen (or, if she
predeceases Jeffrey, the lump sum represented by her coverture
fraction is to be paid to her beneficiaries). There is to be
an irrevocable designation of a joint and survivor annuity in
order to protection Karen's interest in the event of the death
of Jeffrey prior to retirement.
2. We request that Jeffrey provide medical and hospitalization
insurance for the benefit of Karen for a period of three years
following divorce or, if su~oner occurs, until Karen is
awarded a permanent professional teaching contract which
provides the medical and hospitalization coverage to her at no
cost. In the alternative, if Jeffrey pays to Karen, upon the
entry of a Divorce Decree, the sum of $6,000, she will waive
her claim for medical coverage and will secure her own
coverage.
3. Karen desires to have alimony paid to her at the sum of $100
per week for a period of three years following the entry of
the Divorce Decree (the $100 per week is the same as the
present Order of Support).,.. v~.\,\ 1.'\ \"" :'~
4. The Order for the support of the children has been established
and no change is proposed. However, with regard to the matter
of claiming the children as exemptions for 1994, Karen will
agree that Jeffrey may claim the two older children; she will
claim Andrea.
5. If either of the parties shold die before all of the children
attain adulthood, the survivor I of course, would be the
guardian of the minor children. However, in the event of the
deaths of both of the parties while any of the children are
still minors, Karen would desire a provision in the Agreement
which provides that her sister, Donna Kulinski, shall be the
guardian of those minor children.
6. The two jointly-owned automobiles are to be transferred:
The 1986 Chevrolet Celebrity to Karen,
The 1988 Dodge Colt to Jeffrey.
Arthur K. Oils, Esquire
Page 3
December 12, 1994
7. There exists a Nationwide Life Insurance Company universal
life policy upon the life of husband. In order to assure that
sufficient assets are available for the support of the
children in the event of Jeffrey's untimely death, we insist
that Jeffrey establish a trust agreement, name a corporate
trustee of his choice, and provide in that trust agreement
that the trust monies shall be utilized to provide for the
health, comfort, support, education and well-being of his
children, until the youngest of those children has attained
the age of 23 years. The trust would be funded in three
fashions:
(a) The trustee would be named the irrevocable beneficiary of
the proceeds of the Nationwide Life Insurance Company
universal life policy, and
(b) The three certificates of deposit held by the Central
Pennsylvania Conference of the United Methodist Church,
in which one or the other of our clients is named the
custodian for one or more of the children, shall be
retitled in the name of the trustee and held in
accordance with the terms of that trust, i.e., for the
benefit of the children, and
(c) The trustee would also be named the irrevocable
beneficiary of the proceeds of the term life insurance
policy maintained upon Jeffrey's life by the Central
Pennsylvania Conference.
The trust agreement would contain a provision that any funds
remaining in the trust after the youngest child attains 23
years of age would be paid equally to the three children.
Apart from the trust, and for the benefit of the children,
there is to be a contingent beneficiary designation upon the
Nationwide policy and the Conference term policy which would
provide that the proceeds of the policies, in the event
Jeffrey dies after the youngest child attains 23 years, would
be paid directly and equally to the three children.
8. For the most part, each party will retain whatever personal
property he or she may presently have in his or her
possession. However, Karen does desire to have the items of
personal property identified on the attached list entitled
"Karen's Property." In addition, for a period of one year
,.,'-
Arthur K. Oils, Esquire
Page 4
December 12, 1994
following the divorce, Jeffrey will continue to store the car
roof carrier and Karen's exercise bicycle.
9. Jeffrey is to turn over to Karen approximately 15 video tapes
depicting the family history and growth of the children so
that Karen may copy them, after which she will return the
originals to Jeffrey. Further, as to any musical recordings
and tapes which the parties do not agree are to be turned over
to Karen as her property shall, nevertheless, be temporarily
turned over to Karen so that she may make copies of them as
well, after which, she will return the originals back to
Jeffrey.
Please consider this proposal with your client and let me know if
he is agreeable to this proposal. If so, I will take the
responsibility of drafting a Marriage Settlement Agreement for your
review.
Very truly yours,
~..-
Carl G. Wass ......
CALDWELL & KEARNS
CGW:1f
Encls.
cc: Karen R. Welsch
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Decembe~ 2~, 1994
carlO. w.s., Esquire
3631 Nortb .ront street
Hudsburg, PA 17110-1533
RBI Jeffrey K. Welsch v. Xaren R. Welech
No. 1023 CiVil, 19~4
Dear C.rll
Your letter of Decelllber 12, 1~94 18 baeicallyagre.able. W.
.re working out tbe bealth coverage. It mey well be tbat _
will .ek you to accept $2,000.00 pel' year, in.t..d of a $6,000.00
lUlllp 8U111 paYlll8nt.
If you want to proceed with the preparetion of a Property
Settlement Agreement, putting in tbe flexibility of the $6,000.00
paYlll8nt .s inetaU.ent payaent. of $2,000.00 eaCh, JeU wUl
.ign it.
Very truly youre,
Arthur K. DUe
AKOlkjll
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Exhibit "B"
.
VERIFICATION
I verity that the statements made in this
Bifurcation
Petition for
are true and correct.
I understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S.A. ~4904, relating to unsworn fals fication to
Dat.d, dH'15
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CERTIFICATE OF SERVICE
I, Arthur K. Oils, Esquire, hereby certify that a true
and correct copy of the Petition for Bifurcation has been
served upon the following individual, on this/~;5day of
February, 1995, by depositing said copy at the Post Office
at Harrisburg, Pennsylvania, First Class Mail, postage pre-paid,
addressed as follows:
Carl G. Wass, Esquire
3631 North Front street
Harrisburg, PA 17110-1533
~~,r.
101 South Second street
Executive House, Ste.L1
Harrisburg, PA 17101
(717) 232-9724
I.D. No. 07056
BY:
Date: February 13, 1995
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QUALIFIED DOMESTIC RELATIONS ORDER
This cause coming on for hearing pursuant to the law of this State governing the division of
marital propeny incident to the dissolution of marriage (divorce), the Coun, being fully advised
in the premises, FINDS:
A. (1) ::rffl~'t ,k. ~~ ~ (the "Panicipant") is enrolled in the
Ministerial Pension Plan ("MPP") administered by THE BOARD OF PENSIONS OF THE UNITED
METIlODIST CHURCH, INCORPORATED IN ILLINOIS (the "Board"), the address of which is
1201 Davis Street, Evanston, llIinois 60201. The Board is the operational ann of the General Board
of Pension and Health Benefits, an administrative general agency of The United Methodist Church.
The Panicipant has an account balance, a right to receive benefits, allocated funding or an aMuity
(collectively, "Pension Benefits") in, or arising from, one or more of the following pension accounts:
MPPIIIIDI93
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Qualified Domestic Relations Order
Page 2
(I) The "Pre-1982 Service Benefit," which represents the benefit provided by
each applicable Annual Conference through Supplement One ofMPP, being
the greater of
(a) the Participant's pre-1982 service annuity accumulation (i.e., pre-1982
church contributions and accumulated earnings thereon), and, if
the applicable annual conference requires pre-1982 personal
contributions to be used as funding for the pre-1982 service benefit,
the Participant's pre-1982 personal contributions accumulation (i.e.,
pre-I 982 personal contributions and accumulated earnings thereon);
or
(b) the Participant's Fonnula Benefit. The Fonnula Benefit is a benefit
based upon a Panicipant's number of years ofpre-1982 service with
pension credit and the pension rates established each year by the
applicable annual conferences.
(2) The "Church Account," which consists of contributions made by a church or
employer to the credit of the Participant after 1981, as adjusted for earnings
and losses.
(3) The "Personal Account," which consists of after-tax contributions made by
the Participant, except pre-1982 contributions which are required by the
applicable annual conference to be used as funding for the pre-1982 service
benefit, as adjusted for earnings and losses.
(4) The "Salary-Reduction Account," which consists of contributions made by
IoIPPIOIDI93
~
Qualified Domcstic Rclations Order
Page 3
a church or employer to the credit of the Participant pursuant to a salary-
reduction agreement, as adjusted for earnings and losses.
(5) The "QVEC Account," which consists of contributions made by the
Participant pursuant to Internal Revenue Code ~219(e)(2) as it existed prior
to the enactment of the Tax Refonn Act of 1986, as adjusted for earnings and
losses.
(6) The "Rollover Account," which consists of funds transferred to MPP for the
benefit of the Participant, from, or attributable to, another retirement income
plan, as adjusted for earnings and losses.
B. The Participant's current or last known address is (l)
-E /-kMa) PA It; (PO;)..
~J
.
57th sf)
C. The person to whom the award of Pension Benefits is made herein is
(4) ka H!/J R,^ 11, /~(c, ch (the "Alternate Payee"), whose current or last known
address is (I) 7/0:3 ~'pm ~rt eli-qF) Hec.f.amcstJu.~.. PI} noS.$"
and whose Social Security number is (0) ..J C;'i(' - 'I" - S;JsQ The Alternate Payee is the
Participant's:
(7) 0 Spouse -etFormer spouse: Date of Divorce - 'f /3/q 5
o Child 0 Other dependent.
D. It is in conformity with law and in accordance with the principles of equity that the
Alternate Payee be awarded a portion of the Participant's Pension Benefits, as set forth hereinbelow.
MPPIOIDI93
.,.,...~,..,-_..., <..,~,,-
Qualified Domestic Relations Order
Page 4
IT Is THEREFORE ORDERED:
A. The Alternate Payee is hereby awarded the following portion of any annuity which the
Participant is cu"enlly receiving from the Board in payment of the Participant's Pension Benefits,
such award to commence thirty days after the Board's receipt of this Order and to continue in effect
for as long as the Participant continues to have the right to receive said annuity: (check one of the
following boxes)
II) !l(The Participant is not currently receiving an annuity from the Board.
I') 0 The Participant is currently receiving an annuity from the Board, but the
Alternate Payee is awarded no part thereof.
(101 0 $ per monthly payment, without increase or decrease;
III) 0 $ per annual payment, without increase or decrease;
II2lD
percent of each monthly payment otherwise payable to the
Participant, as said amount may increase or decrease from time to time in accordance
with the provisions of the Ministerial Pension Plan.
B.
The Alternate Payee is hereby awarded (U)
l)o~
percent of the
Participant's Pre-1982 Service Benefit in the Ministerial Pension Plan, effective (14)_
~, 19~ (the "Date of Division"), to be calculated, valued, and divided as of that date.
At all times after said transfer is made:
(a) The Alternate Payee shall have no further claim to any benefit based
on the Participant's Formula Benefit, and
(b) The Participant's Pre-1982 Service Benefit shall be reduced by the
percentage awarded to the Alternate Payee.
MPPIOIOI93
Qualilied Domestic Relations Order
Page 5
C. The Altemate Payee is awarded the following Pension Benefits from the Participant's
Pension Benefits in the Ministerial Pension Plan, effective (Ill
~r~ \ :; , 19.92- (the "Date of Division"), to be calculated, valued, and divided as of
that date:
(I) The sum of (16) $ 9 33(" ;9;).. from the Participant's Church
Account.
(2) The sum of (11) $ from the tax-paid portion of the
Participant's Personal Account, to be drawn from the pre-1987 tax-paid
portion and the post-1986 tax-paid portion on a pro-rata basis, if applicable.
(3)
The sum of (II) $
r;.Y7/,3'1
I
from the taxable portion of the
Participant's Personal Account.
The sum of(l91 $ r;, I 5? 7), 't!; from the Participant's Salary-Reduction
,
(4)
Account.
(5) The sum of(20) $
(6) The sum of(2I) $
from the Participant's QVEC Account.
from the Participant's Rollover
Account.
D. Pension Benefits hereby awarded to the Alternate Payee from any account which
consists of investment in more than one of the Diversified and Special Funds maintained by the Board
shall be drawn from each such fund pro-rata. The Alternate Payee shall have the right to change the
funds in which such Pension Benefits are invested in accordance with the investment election
provisions ofMPP, but no such change shall be effective until the next regular date so provided for
implementing investment election changes.
MPP/DIDI9l
Qualified Domestic Relations Order
Page 6
E. If Pension Benefits are hereby awarded to an Alternate Payee from the participant's
Pre-1982 Service Benefit, and if on the Date of Division the Participant's balance in that account
contained contributions for pre-1982 selVice from more than one annual conference, then the
percentage awarded to the Alternate Payee of the Participant's contributions and earnings arising from
each such conference shall equal the percentage of the Participant's total Pre-1982 Service Benefit
awarded to the Alternate Payee.
F. Any transfer from one Diversified or Special Fund to another Diversified or Special
Fund which was or is made between the Date of Division and the time of the actual transfer of
Pension Benefits to the credit of the Alternate Payee pursuant to this Order shall be deemed to
include the Participant's and the Alternate Payee's Pension Benefits therein in shares which are
proportionate to their respective interests in the Fund from which the transfer was made immediately
prior to the transfer.
G. Earnings and losses which accrue after the Date of Division on Pension Benefits
hereby awarded to the Alternate Payee shall be allocated to the Alternate Payee. Distributions to the
Participant after the Date of Division shall be deemed to be made from Pension Benefits other than
those hereby awarded to the A1ternale Payee.
H.
(I)
Neither the Alternate Payee nor any person claiming through the Alternate
Payee shall have the right by virtue of this Order to:
(a) Make contributions to the Plan(s);
(b) Transfer benefits to another alternate payee;
(c) Receive a surviving spouse benefit arising from the
Participant's pre-1982 service; or
MPflOIOl91
Qualified Domestic Relations Order
Page 7
(d) Receive Pension Benefits in the fonn ofa joint and survivor
annuity with respect to the Alternate Payee and any
subsequent spouse.
(2) In all other respects the Pension Benefits herein awarded to the
Alternate Payee shall be administered in accordance with the
Ministerial Pension Plan, as it may be amended from time to time.
The Alternate Payee shall have all the rights and duties of a fully
vested "tenninated participant" (as that tenn is defined in the Plan),
but only for the purpose of determining eligibility to receive benefits.
The Participant shall have no claim to Pension Benefits hereby
awarded to the Alternate Payee.
I. All rights of the Alternate Payee in lhe Ministerial Pension Plan shall be subject to the
conditions, restrictions, limitations, and requirements applicable to "terminated participants" as
provided by the Plan as it may be amended from time to time, including the non-alienation provisions
thereof.
J. All Pension Benefits and other rights, benefits, assets and interest in the Participant's
P~an not hereby awarded to the Alternate Payee shall be the property of the Participant, to tbe
exclusion ofany present or future claim thereto on the part of the Alternate Payee.
K. Nothing contained in this Order shall be construed to require the Ministerial Pension
Plan or the Board:
MPPIOIDI9l
"
Qualified Domesllc Relallons Order
Page 8
(I) To provide any type or fonn of benefit, or any option, not otherwise provided
under that Plan;
(2) To provide increased benefits (detennined on the basis of actuarial value); or
(3) To pay any benefits to the Alternate Payee which are required to be paid to
another Alternate Payee under another order previously determined by the
Board to be a qualified domestic relations order (uQDROU) as thattenn is
defined with respect to church plans by ~4 14(P) of the Internal Revenue Code
of 1986.
L. The Participant shall promptly execute and deliver to the Board an Assignment of
Pension Benefits (using the fonn provided by the Board), assigning to the Alternate Payee the
Pension Benefits hereby awarded to lhe Alternate Payee.
M. The Alternate Payee shall promptly execute and deliver to the Board an Acceptance
of AssiiJIl11le1l1 of Pension Benefits with respect to the assigrunent of Pension Benefits hereby ordered,
using the fonn provided by the Board.
N. The Board, upon receipt of the AssliJIlme1l1 of Pension Benefits and the Acceptance
of Assignment of Pension Benefits, within a reasonable time thereafter which is administratively
feasible, shall effect the transfer of benefits contained herein.
O. The Participanl and the Alternate Payee shall fully cooperate toward the goal of
qualifYing and giving full effect 10 Ihis Order as a QDRO, seeking any amendment hereof as may be
necessal)' for thaI purpose.
IdPPIOIOI9J
... . .....
- .
Qualified Domestic Relations Order
Page 9
IT Is So ORDERED, this llJ day of
s,..,..~
,19 fL
-J(t.. ,-A/I1-
/ Presiding Judge
MPPIOIDI91
1~.'.r..".4~"
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c;, .J."
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0' a-
w.... I ~ -.'"
-'. -:;?
r.: - : ~ c ,,:)
r.. ....' ..,~~b-
(I,
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() '-'=' :...:.-"
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......
Law Offlces of
Craig A. Diehl
3464 Trlndle RCla.
Camp Hili, Pennsylvania 17011
4IJS 0
/J Iyn
..'I
Telephone (717) 763.7613
Telecopier (717) 763.8293
August 4, 1997
In Spring Grove, Pennsylvania
119 Wesl Hanover Road
Spring Grove, P A 17362
Telephone: (717) 225.1929
Craig A. Diebl, Esquire, C.P.A.
Thomas J. Rozman, Esquire
Jeffrey C. OOSl, Esquire
Cumberland County Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Re: Welsch V5. Welsch
No. 94-1023
Amended QDRO
Dear Prothonotary:
Please find enclosed one original and two copies of the amended QDRO in the above
captioned case. Also enclosed please find a copy of the Marital Litigation Benefit Statement
which states the values of the pension accounts as of the Date of Division.
The QDRO initially entered as an Order on September 6, 1996 has several errors
which this amended QDRO corrects. The original order had April 3, 1995 as the Date of
Division. The actual Date of Division as per the Separation Agreement is June 30, 1994,
Furthennore, the original order split the pension accounts in varying percentages so that the
overall split came out to a 50/50 split. However, the defendant believes a split of each of
the pension accounts on a 50/50 basis is the most equitable (see page 5 of QDRO).
If the presiding judge finds the QDRO appropriate please forward the signed and time
stamped copies to Mr. Jeffrey K. Welsch and Karen R. Welsch in the postage prepaid
envelopes provided, If you have any questions or concerns regarding this mailer please feel
free to call me at our Camp Hill office.
JCG:py
Enclosures
(II ,JEFFREY K. WELSCH,
Plaintiff/Respondent
IN THE COURT OF CQMlo[)N PLEAS OF
CUMBERLAND COUNl'Y, PENNSYLVANIA
VB.
NO. 94-1023
KAREN R. WELSCH,
Defendant/Petitioner
CIVIL ACTION
QDRO
QUAUFIED DOMESTIC REIATIONS ORDER
111ls cause coming on for hearing pursuant to the law of this State governing the divisIon
of marital property incident to the dissolution of marriage (divorce), the Court. being fully
advised In the premises, FINDS:
A (2)
Jeffrey Kent Welsch
(the "Participant") is enrolled In the
Minlsterial Pension Plan ("MPP") administered by the GENERAL BOARD OF PENSION AND
HEALTH BENEFITS OF THE UNITED METHODIST CHURCH. INCORPORATED IN
IlliNOIS (the "Board"). the address of which is 1201 Davis Street, Evanston.ll1Inois 60201. The
Board is the operational ann of the General Board of Pension and Health Benefits. an
administrative general agency of The United Methodist Church. The Participant has an account
balance. a right to receive benefits, allocated funding or an annuity (collectively. "pension
benefits") In. or arising from. one or more of the following pension accounts:
MPP.QORCW70.0'
Qualified Dornatic: Relations Order
Page 2
(I) The "Pre.1982 Service Benefit,. which represenu the benefit provided by
each applicable Annual Conference through Supplement One of MPP. being the
greater of
(a) the Participant's pre.1982 service annuity acc:wnulation (i.e.,
prc-1982 church contributions and acc:wnulatcd earnings thereon), and, if
the applicable annual conference requires pre. 1982 personal contributions
to be used as funding for the pre.1982 service benefit, the Participant's
pre-1982 personal contributions acc:wnulation (i.e.. pre.1982 personal
contributions and acc:wnulated earnings thereon); or
(b) the Participanes Formula Benefit. The Formula Benefit is a benefit
based upon a Participanes number of years of prc-1982 service with pension
credit and the pension rates established each year by the applicable annual
conferences.
(2) The "Church Account,. which consisu of contributions made by a church
or employer to the credit of the Participant after 1981. as adjusted for earnings and
losses,
(3) The "Personal Account,. which consists of after-tax contributions made by
the Participant, except prc-1982 contributions which are required by the applicable
annual conference to be used as funding for the pre-1982 service benefit, as
adjusted for earnings and losses,
(4) The "SaIary.Reduction Account," which consists of contributions made by
a chwch or employer to the credit of the Participant pursuant to a salazy-reduction
agreement, as adjusted for earnings and losses.
MPP.QORQ'D7019S
Qualified Domeatlc RdatlON Order
Page 3
5) The "QVEC Account," which consists of contributions made by the
Participant pursuant to Intmlal Revenue Code 5219(e)(2) as It existed prior to the
enactment of the Tax Refonn Art of 1986, as adjusted for earnings and losses.
(6) The "Rollover Account," which consists of funds tralUferred to MPP for the
benefit of the Participant, from, or attributable to, another retirement Income plan,
as adjusted for earnings and losses.
B. The Participant's current or last known address Is (3)
521 57th Street
Altoona, PA 16602
C. The person to whom the award of pelUlon benefits is made herein Is
(4)
Karen Ruth Welsch
(the "Alternate Payee"), whose current
or last known address Is (S)
7103 Salem Park Circle
Mechanicshurg, PA 17055
and whose Social Security number Is (6)
Is the Participant's:
(7) 0 Spouse
o Child
158-46-5230
. The Alternate Payee
~ Fonner spouse: Date of Divorce
o Other dependent.
4/3/95
D. It Is in confonnitywith law and In accordance with the principles of equity that the
Alternate Payee be awarded a portion of the Participant's pension benefits, as set forth
hereinbelow.
IT Is THEREFORE ORDERED:
A The Alternate Payee Is hereby awarded the following portion of any annuity which
the Participant Is nlrrent{y receiving from the Board In payment of the Participant's pelUlon
MPP.QDAQ'070.9'
Qualified Domatlc RelatioN Order
Page 4
benefits. such award to commence thirty days after the Board's receipt of this Order and to
continue in effect for as long as the Participant continues to have the right to receive said annuity:
(check only one of the following boxes)
(') iii The Participant is not CUITCntly receiving an annuity from the Board.
(9) 0 The Participant is currently receiving an annuity from the Board, but the
Alternate Payee is awarded no part thereof.
(10) 0 $ per monthly payment. without increase or decrease:
(11) 0 $ per annual payment, without increase or decrease:
(12) 0 percent of each monthly payment otherwise payable to the
Participant, as said amount may increase or decrease from time to time in accordance
with the provisions of the Ministerial Pension Plan,
B.
The Alternate Payee is hereby awarded (13) 50%
percent of the Participant's
Pre-1982 Service Benefit in the Ministerial Pension Plan, effective (14)
June 30 ,
19....2L (the "Date of Division"), to be calculated, valued, and divided as of that date. At all
times after said tnInsfer is made:
(a) The Alternate Payee shall have no further claim to any benefit based on the
Participant's Fonnula Benefit, and
(b) The Participant's Pre.1982 Service Benefit shall be reduced by the
percentage awarded to the Alternate Payee,
C. The Alternate Payee is awarded the following pension benefits from the Participant's
pension benefits in the Ministerial Pension Plan, effective (IS)
June 30.
, 19..2L (the "Date of Division"), to be calculated, valued, and
divided as of that date:
Mf'P.QD1lO'070195
Qualified Domestic Relations Order
Page 5
(I)
The sum of 1161 $ 27 , 336.22
from the Participant's Church
Account.
(2)
The sum of (17) $
1,657.54
from the tax-paid portion of the
Participant's Personal Account, to be drawn from the prc-1987 tax-paid portion and
the post-1986 tax-paid portion on a pro-rata basis, If applicable.
(3)
The sum of 1111 $
1. 411. 34
from the taxable portion of the
Participant's Personal Account.
(4)
The sum of 1191 $
6,875.95
from the Participant's Saiaxy-
Reduction Account.
(5)
The sum of (201 $
3,402.46
from the Participant's QVEC
Account.
(6)
The sum of (21) $
nla
from the Participant's Rollover
Account.
D. Pension benefits hereby awarded to the Alternate Payee from any account which
consists of Invcsttnent In more than one of the Diversified and Special Funds maintained by the
Board shall be drawn from each such fund pro-rata. The Alternate Payee shall have the right to
change the funds In which such pension benefits are Invested In accordance with the Investtnent
election provisions of MPP, but no such change shall be effective until the next regular date so
provided for implementing Investtnent election changes.
E. If pension benefits are hereby awarded to an Alternate Payee from the Participant's
Pre-1982 Service Benefit, and If on the Date of Division the Participant's balance In that account
contained contributions for pre-1982 service from more than one annual conference, then the
percentage awarded to the Alternate Payee of the Participant's contributions and earnings arising
MPP.QDRQ'070195
Qualified Domestic Relations Order
Page 6
from each such conference shall equal thc percentagc of the Participant's total Pre-1982 Senrice
Benefit awarded to the Alternate Payee.
F. Any transfer from one Diversified or Special Fund to another Diversified or Special
Fund which was or is made betwecn the Date of Division and the time of the actual transfer of
pension benefits to the credit of the Alternate Payee pursuant to this Order shall be deemed to
include the Participant's and the Alternate Payee's pension benefits therein in shares which are
proportionate to their respective interests in the Fund from which the transfer was made
immediately prior to the transfer.
G. Earnings and losses which accrue after the Date of Division on pension benefiu
hereby awarded to the Alternate Payee shall be allocated to the Alternate Payee. Distributions to
the Participant after the Date of Division shall be deemed to be made from pension benefiu other
than those hereby awarded to the Alternate Payee.
H.
(1)
Neither the Alternate Payee nor any person claiming through the Alternate
Payee shall have the right by virtue of this Order to:
(a) Make contributions to the Plan(s);
(b) Transfer benefits to another alternate payee;
(c) Receive a surviving spouse benefit arising from the Participant's pre-
1982 senrice; or
(d) Receive pension benefits in the form of a joint and survivor annuity
with respect to the Alternate Payee and any subsequent spouse.
(2) In all other respects the pension bcnefits herein awarded to the Alternate
Payee shall be administered in accordance with the Ministerial Pension Plan, as it
may be amended from time to time. The Alternate Payee shall have all the righu
MPP.QDRC\'070195
,-... .'~._'" ,~~--
Quallfled Domelltic Relations Order
Page 7
and duties of a fully vested "terminated participant" (as that term is defined in the
Plan). but only for the pwpose of determining eligibility to receive benefits. The
Participant shall have no cIahn to pension benefits hereby awarded to the Alternate
Payee.
I. All rights of the Alternate Payee In the Ministerial Pension Plan shall be subject to
the conditions, restrictions, limitations, and requirements applicable to "terminated participants"
as provided by the Plan as it may be amended from time to time, Including the non-alienation
provisions thereof.
J. All pension benefits and other rights, benefits, assets and Interest In the Participant's
Plan not hereby awarded to the Alternate Payee shall be the property of the Participant, to the
exclusion of any present or future claim thereto on the part of the Alternate Payee.
K. Nothing contained In this Order shall be construed to require the Ministerial
Pension Plan or the Board:
(I) To provide any type or form of benefit, or any option, not otherwise
provided under that Plan;
(2) To provide Increased benefits (determined on the basis of actuarial value);
or
(3) To pay any benefits to the Alternate Payee which are required to be paid to
another Alternate Payee under another order previously determined by the Board
to be a qualified domestic relations order ("QDRO") as that term is defined with
respect to church plans by HI4(p) of the Internal Revenue Code of 1986,
MPP.QDRQ'07019S
Qualified Domatic Relations Order
Page 8
L. The Participant shall promptly execute and deliver to the Board an Assignment of
Pension Bmeftts (wing the fonn provided by the Board), assigning to the Alternate Payee the
pension benefiu hereby awarded to the Alternate Payee.
M. The Alternate Payee shall promptly execute and deliver to the Board anAaqltAna!
0/ Assignment o/Penslon Bmeftts with respect to the asslgrunent of pension benefiu hereby ordered,
wing the fonn provided by the Board.
N. The Board. upon receipt of the Assignment 0/ Pension Benefits and the AaqltAna! of
Assignment o/Penslon Bentftts. within a reasonable time thereafter which Is administratively feasible.
shall effect the transfer of benefits contained herein.
O. The Participant and the Alternate Payee shall fully coopemte toward the goal of
qualifying and giving full effect to this Order as a QDRO, seeking any amendment hereof as may
be neceJSary for that purpose.
IT Is So ORDERED. this
day of
,19_.
Presiding Judge
MPl'QDRQ'07019S
(I) .mFFRE'l K. WEISCH,
plaintiff/Respondent
IN THE COURT OF CC>>M>N PLEAS OF
CUMBERLAND COUNl"i, PENNSYLVANIA
00. 94-1023
VB.
.
.
KAREN R. WEISCH,
Defendant/Petitioner
CIVIL ACTION
QDRO
QUALIFIED DOMESTIC RElATIONS ORDER
11Ii.s cause coming on for hearing pursuant to the law of tllls State governing the division
of marital property incident to the dissolution of marriage (divorce), the Court, being fully
advised in the premises, FINDS:
A 121
Jeffrey Kent Welsch
(the "Participant") is enrolled in the
Ministerial Pension Plan ("MPP") administ.cred by tlle GENERAL BOARD OF PENSION AND
HEALTH BENEFITS OF THE UNITED METHODIST CHURCH, INCORPORATED IN
ILLINOIS (the "Board"). the address of which is 1201 Davis Street, Evanston, Illinois 60201. The
Board is the operational arm of the General Board of Pension and Health Benefits, an
administrative general agency of The United Methodist Church. The Participant has an account
balance, a right to rcceive benefits, allocated funding or an alU\uity (collectively, "pension
benefits") in, or arising from. one or morc of tIle following pension accounts:
MPP.QCIlQ'07DI9S
Qualified Domestic Relations Order
Page 2
(1) The .Pre-1982 ScIVice Benefit.. which represents the benefit provided by
each applicable Annual Conference through Supplement One of MPP, being the
greater of
(a) tile Participant's pre-1982 scIVice annuity accumulation (i.e.,
pre-1982 church contributions and accumulated earnings thereon), and, if
the applicable annual conference requires pre-1982 personal contributions
to be used as funding for the pre-1982 seIVice benefit. the Participant's
pre-1982 personal contributions accumulation (i,e., pre-1982 personal
contributions and accumulated earnings thereon); or
(b) the Participant's Formula Benefit. The Formula Benefit is a benefit
based upon a Participant's number of years of pre-1982 seIVice with pension
credit and the pension rates established each year by the applicable annual
conferences,
(2) The .Church Account," which consists of contributions made by a chureh
or employer to the credit of the Participant after 1981, as adjusted for earnings and
losses.
(3) The .Personal Account,. which consists of after-tax contributions made by
the Participant. except pre-I 982 contributions which are required b)' the applicable
annual conference to be used as funding for tile pre-1982 seIVice benefit, as
adjusted for earnings and losses.
(4) The .Sa1aIy-Reduction Account,. which consists of contributions made by
a church or employer to the credit of tile Participant pursuant to a salaty-reduction
agreement. as adjusted for earnings and losses,
MPP.QD1\Q'07019S
.
Qualified Domestic Relations Order
Page 3
5) The "QVEC Accown," which consists of contributions made by the
Participant pursuant to Intcma1 Revenue Code ~219(e)(2) as it existed prior to the
enactment of the Tax Refonn Act of 1986. as adjusted for earnings and losses.
(6) The "Rollover AccoWlt, " which consists of funds transferred to MPP for tlle
benefit of the Participant, from. or attributable to, another retirement income plan,
as adjusted for earnings and losses.
B. The Participant's current or last known address is (3)
521 57th Street
Altoona, PA 16602
and whose Social Security number is (0)
158-46-5230
. The Alternate Payee
is the Participant's:
171
o Spouse
o Child
~ Fonner spouse: Date of Divorce
o Other dependent.
4/3/95
D. It is in conformity willl law and in accordance with the principles of equity that the
Alternate Payee be awarded a portion of the Participant's pension benefits. as set forth
hereinbelow.
IT Is THEREFORE ORDERED:
A The Alternate Payee is hereby awarded tlle following portion of any annuity which
tlle Participant is ,""tll'lY receiving from the Board in payment of tlle Participant's pension
MPP.QDJICV01019S
Qualified Domealle Relallons Order
Page 4
benefits, such award to commence thirty days after tIle Board's receipt of this Order and to
continue in effect for as long as the Participant continues to have the right to receive said annuity:
(elleck only one of tIle following boxes)
(I) [i) The Participant is not currentIy receiving an annuity from the Board.
(9) 0 The Participant is currently receiving an annuity from the Board, but tIle
Alternate Payee is awarded no part tIlereof.
(10) 0 $ per monthly payment, without increase or decrease;
(II) 0 $ per annual payment, witllout increase or decrease;
(12) 0 percent of eaell montIuy payment otherwise payable to tIle
Participant, as said amount may increase or decrease from time to time in accordance
with the provisions of the Ministerial Pension Plan.
B.
The Alt.emate Payee is hereby awarded (13) 50%
percent of the Participanes
Pre-1982 Service Benefit in the Ministerial Pension Plan, effective (14)
June 30,
19-2L (the "Date of Division"), to be ealcuiated, valued, and divided as of tIlat date. At all
times after said transfer is made:
(a) TIle Alternate Payee shall have no further claim to any benefit based on the
Participant's Fonnuia Benefit, and
(b) The Participant's Pre-1982 Service Benefit shall be reduced by the
percentage awarded to tlle Alternate Payee.
C. The Alternate Payee is awarded tlle following pension benefits from tIle Participanes
pension benefits in the Ministerial Pension Plan, effective (IS)
June 30.
, 19.2i.. (the "Date of Division"), to be calcuiatcd, valued, and
divided as of that date:
MPP.QDIlQ'07019S
(1)
The swn of (16) $ 27 , 336.22
from the Participant's Church
Qualified DomestIe Relations Order
Page 5
AccOWlt.
(2)
The swn of (17) $
1,657.54
from the tax-paid portion of the
Participant's Personal AccoWlt, to be drawn from tlle pre-19B7 tax-paid portion and
the post-19B6 tax-paid portion on a pro-ratA basis, if applicable.
(3)
The swn of (I') $
1.411. 34
from tlle taxable portion of tile
Participant'sPenonaIAccoWlt.
(4)
The swn of (19) $
6,875.95
from the Participant's Salal)'-
Reduction AccOWlt.
(5)
The swn of (20) $
3,402.46
from tile Participant's QVEC
AccoWlt.
(6)
The swn of (21) $
n/n
from tlle Participant's Rollover
AccOWlt.
D. Pension benefits hereby awarded to tile Alternate Payee from any accoWlt which
consists of investment in more tIlan one of tlle Divenified and Special Funds maintAined by the
Board shall be drawn from each such fund pro-ratA. The Alternate Payee shall have tile right to
change the funds in which such pension benefits are invested in accordance with the investment
election provisions of MPP, but no such change shall be effective Wltil tile next regular date so
provided for implementing investment election changes.
E. If pension benefits are hereby awarded to an Alternate Payee from tile Participant's
Prc-19B2 ScMce Benefit, and if on tlle Date of Division tile Participant's balance in tIlat accoWlt
contAined contributions for pre-19B2 service from more tIlan one annual conference, tIlen tile
pcn:cntAge awarded to the Alternate Payee of tile Participant's contributions and earnings arising
MPl'QDRQ'070lU
,."
I.
.
Qualified Domestie: Relations Order
Page 6
from each such conference shall equal the percentage of tlle Participant's total Prc-1982 Service
Benefit awarded to tlle Alternate Payee.
F, Any transfer from one DivCISified or Special Fund to another Diversified or Special
Fund which was or Is made between tlle Date of Division and the time of tlle actual trarufer of
pemion benefiu to the credit of the Alternate Payee pU1'5uant to this Order shall be deemed to
include the Participant's and the Alternate Payee's pension benefiu tllerein in shares which arc
proportionate to their respective interesu in tlle Fund from which tlle trarufer was made
immediatcly prior to tlle tramfer.
G. Earnings and losses which accrue after tlle Date of Division on pension benefiu
hereby awarded to the Alternate Payee shall be allocated to tlle Alternate Payee. Distributiom to
the Participant after tlle Date of Division shall be deemed to be made: from peruion benefiu otller
than those hereby awarded to the Alternate Payee.
H.
(1)
Ncither the Alternate Payce nor any person claiming tluough tlle Alternate
Payee shall have the right by virtue of tllls Order to:
(a) Make contributiom to tlle Plan{s};
(b) Tramfer benefiu to anothcr alternate payee;
(e:) Receive a surviving spouse benefit arising from the Participant's pre-
1982 service; or
(d) Reedve pension bcnefiu in tlle fonn of a joint and survivor annuity
witll respect to tlle Alternate Payee and any subsequent spouse.
(2) In all other respects the peruion benefiu herein awarded to tlle Alternate
Payee shall be administered ill accordance witll tlle Ministerial Pension Plan, as it
may be amended from time to time. The Alternate Payee shall have all tlle righu
MPP.(jORQ'07019S
Quallflcd Domestic Relations Order
Page 7
and duties of a ful1yvested "tcnninated participant" (as that tcnn is defined in the
Plan), but only for the purpose of detennining eligibility to receive benefits. The
Participant shall have no c1aim to pension benefits hereby awarded to the Alternate
Payee.
I. AIl rights of the Alternate Payee in tlle Ministerial Pension Plan shall be subject to
the conditions, restrictions, limitations, and requirements applicable to "tenninated participants"
as provided by the Plan as it may be amended from time to time, including tlle non-alienation
provisions thereof.
J. AIl pension benefits and otller rights, benefits, assets and interest in tlle Participant's
Plan not hereby awarded to the Alternate Payee shall be the property of the Participant, to tile
exclusion of any present or future claim thereto on the part of tlle Alternate Payee.
K. Nothing contained in tllis Order shall be construed to require the Ministerial
Pension Plan or the Board:
(1) To provide any type or fonn of benefit, or any option, not othcrwise
provided under tllat Plan;
(2) To provide increased benefits (detcnnined on tile basis of actuarial value);
or
(3) To pay any benefits to tile Alternate Payee which arc required to be paid to
anotller Alternate Payee under anotller order previously detennined by the Board
to be a qualified domestic relations order ("QDRO") as that tenn is defmed with
respect to cllUrch plans by ~414(p) oftlle Internal Revenue Code of 1986.
MPl'Q.DIlQ'll7019J
.
Qualified Domestic RelatioN Order
Page 8
L. The Participant shall promptly execute and deliver to the Board anAsslgnmellt of
PellSlolI Benef/ts (using the form provided by tlle Board), assigning to tlle Alternate Payee the
pension benefits hereby awarded to the Alternate Payee.
M. TheAlt.cmatc Payee shall promptly execute and deliver to the Board an Acrepllllla
of Asslgnmmt of Pension Benef/ts with rcspeet to the assignment of pension benefits hereby ordered,
using the form provided by the Board.
N. The Board, upon receipt of tlleAsslC'.ment of PellSlon Bellef/ts and the Acreplllna of
Assignment ofPmslon Benefits, within a reasonable time thereafter which is administratively feasible,
shall effect the transfer of benefits contained herein.
O. The Participant and the Alternate Payee shall fully cooperate toward the goal of
qualifying and giving full effcet to this Order as a QDRO, seeking any amendment hereof as may
be necessary for that purpose.
IT Is So ORDERED. this
day of
,19_.
Presiding Judge
MPl'QDRQ'07019S
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Law OJfices oj
Craig A. Diehl
3464 Trlndlc Road
Camp Hili. PA 17011
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521 - 57th Slreet
Altoona. PA 16602
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(I) ,JEFFREY K. WELSCH,
Plaintiff/Respondent
IN THE COURT OF CC>>M>N PLEAS m'
CUMBERLAND COUNl'Y, PENNSYLVANIA
VB.
NO. 94-1023
KAREN R. WELSCH,
Defendant/Petitioner
CIVIL ACTION
QDRO
QUALIFIED DOMESTIC RElATIONS ORDER
nus cawc coming on for hcaring pursuant to thc law of tlus Sute govcrning thc division
of mariul property incidcnt to thc dissolution of marriagc (divorcc), tllC Court, bcing fully
adviscd in thc premises. FINDS:
A. (2)
Jeffrey Kent \~e1sch
(tllC "Participant") is cnrollcd in tllC
Minist.crial Pension Plan ("MPP") administercd by tllC GENERAL BOARD OF PENSION AND
HEALTH BENEFITS OF THE UNITED METHODIST CHURCH. INCORPORATED IN
ILUNOIS (tllC "Board"), tllC address ofwluch is 1201 Davis Street, Evanston, Illinois 60201. Thc
Board is thc operational ann of thc Gencral Board of Pension and Hcalth Bencfits, an
administrative general agency ofThc United MctllOdist Church. The Participant has an account
balance, a right to receivc benefits. allocated funding or an arulUity (collectively, "pension
benefits") in, or arising from, one or more of tlle following pension accounts:
MPP.Q01lQ'07019S
Qualified Domestic Relations Order
Page 2
(I) The .Pre-1982 Service Benefit,. which represents the benefit provided by
each applicable Annual Conference duough Supplement One of MPP, being the
greater of
(a) die Participant's pre-1982 service alU\Uity accumulation (i,e.,
pre-1982 chureh contributions and accumulated earnings thereon), and, if
the applicable alUlual conference requires pre-1982 personal contributions
to be used as funding for die pre-1982 service benefit, the Participant's
pre-1982 personal contributions accumulation (i.e.. pre-1982 personal
contributions and accumulated earnings thereon); or
(b) die Participan~s Formula Benefit. The Formula Benefit is a benefit
based upon a Participan~s number of years of pre-1982 service with pension
acditand the pension rates established each year by the applicable alUlual
conferences.
(2) The .Church Account,. which consists of contributions made by a church
or employer to die acditofthe Participantaftcr 1981, as adjusted for earnings and
losses.
(3) The .PcrsonalAccount," which consists of after-tax contributions made by
the Participant, except pre. 1982 contributions which are required by die applicable
annual conference to be used as funding for die pre-1982 service benefit. as
adjusted for carnings and losses,
(4) The .SaIary-Reduction Account,. which consists of contributions made by
a church or employer to the acdit of die Participant pursuant to a salaty-reduction
agreement, as adjusted for earnings and losses.
MPJ>.Q01lQ'070195
.~-,
-r-".'''~~--C''''~o;,
Qualified Domestic R.cIations Order
Page 3
5) The "QVEC AccoWlt," which consists of contributions madc by thc
Participant pursuant to Internal Revenuc Codc ~219{c)(2) as it existed prior to thc
enactmcnt of thc Tax Refonn Act of 1986, as adjusted for carnings and losses.
(6) Thc "Rollover AccoWlt," which consists of funds transfcrrcd to MPP for tIlC
benefit of thc Participant, from, or attributablc to, anothcr retiremcnt incomc plan,
as adjusted for earnings and losses,
B. The Participant's current or last known address is (3)
521 57th Street
Altoona, PA 16602
C. Thc person to whom thc award of pcnsion bcnefits is madc herein is
(4) Karen Ruth Welsch {thc "Alternate Paycc") , whosccurrcnt
or last known address is (5) 7103 Salem Park Circle
Mechanicshurg, PA 17055
and whosc Social Sccurity numbcr is (6)
158-46-5230
. TIlc Alternate Paycc
is thc Participant's:
(7) 0 Spousc
o Child
IX] Fonncr spousc: Date of Divorcc
o Othcr dcpendcnt.
4/3/95
D. It is in conformity with law and in accordance witIl tIlC principles of cquity that thc
Alternate Paycc bc awardcd a portion of tIlC Participant's pension bcncfits, as sct forth
hcreinbelow.
IT Is THEREFORE ORDERED:
A Thc Alternate Paycc is hereby awardcd tIlC following portion of any annuity which
thc Participant is eumnt{y rccciving from tIlC Board in paymcnt of thc Participant's pcnsion
MPP-QDRQ'070195
.'.' ,~/,,,,~ ~ ....
.....-.....
Qualified Domestic Relations Order
Page 4
bcncfiu. such award to commcncc tlli.rty days after tllC Board's reccipt of tllis Ordcr and to
continue in effcct for as long as tllC Participant continues to havc tllC right to reccivc said annuity:
(chcck only one of thc following boxes)
(I) [i) Thc Participant is not currcntly rccciving an annuity from tllC Board.
(9) 0 Thc Participant is currcntly rccciving an annuity from tllC Board. but tllC
Alternate Paycc is awardcd no part thereof,
(10)0$
(1110$
(1210
per monthly payment, witllout increasc or dccrcase;
per annual paymcnt, witllout incrcasc or decrcasc;
perccnt of cach montIuy paymcnt otIu:IWisc payablc to tIlC
Participant, as said amoWlt may incrcasc or dccrcasc from timc to timc in accordancc
with thc provisions of thc Ministerial Pcnsion Plan,
B.
Thc Alternate Paycc is hcreby awardcd (13) 50'/;
perccnt of tllC Participant's
Prc.1982 Servicc Benefit in thc Ministerial Pcnsion Plan, cffcctivc (141
,June 30,
19....2L (thc "Date of Division"). to bc calculated, valued, and dividcd as of tllat date. At all
times after said transfcr is madc:
(a) TIlc Alternate Paycc shall havc no furtllcr claim to any bcnefit based on tIlC
Participanes Formula Bencfit, and
(b) Thc Participant's Pre.1982 Servicc Benefit shall bc rcduced by tllC
perccntagc awardcd to the Alternate Paycc.
C. Thc Alternate Payec is awardcd tllc following pension benefits from tIlC Participant's
pension bencfiu in thc Ministerial Pension Plan, effectivc (IS)
June 30.
, 19..2i.. (tlIC "Date of Division"), to bc calculatcd. valucd. and
divided as of tllat date:
MPP.Q01lQ'07019S
Qualified Domestic: Relations Order
Page 5
(1)
The swn of (16) $ 27 , 336.22
from the Participan~s Church
Account.
(2)
The swn of (17) $
1,657.54
from the tax-paid portion of the
Participan~s Personal Account, to be dmwn from ll1e pre-1987 tax-paid portion and
the post-19B6 tax-paid portion on a pro-rata basis. if applicable.
(3)
The swn of (18) $
1. 411. 34
from ll1e taxable portion of ll1e
Participan~s Personal Account.
(4)
The swn of (19) $
6,875.95
from the Participan~s Salary-
Reduction Account.
(5)
The swn of (20) $
3,402.46
from ll1e Participan~s QVEC
Account.
(6)
The swn of (21) $
from the Participan~s Rollover
n/a
Account.
D. Pension benefits hcreby awarded to the Alternate Payee from any account which
consists of invcstment in more than one of ll1e Diversified and Special Funds maintained by the
Board shall be drawn from each such fund pro-rata. The Alternate Payee shall have the right to
change the funds in which such pension benefits are invcsted in accordance willI the invcstment
election provisions of MPP, but no such change shall be effective until tile next regular date so
provided for implementing invcstment election ellangcs,
E. If pension benefits arc hereby awardcd to an Alternate Payee from ll1e Participant's
Pre-19B2 ScIVicc Benefit, and if on 111e Date of Division 111e Participan~s balance in ll1at account
contained contributions for pre-1982 service from more than one annual conference, ll1en ll1e
percentage awarded to tlle Alternate Payee of tlle Participant's contributions and earnings arising
MPP.QDIlQ'070IU
..._. ....~."-...---"OO
Qualified Domestic Relations Order
Page 6
from cach such confercncc shall cqual thc percentagc of tllC Participant's total Prc-1982 Scrvicc
Bcncfit awardcd to thc Alternate Paycc.
F. Any tzansfer from onc Diversificd or Spcclal Fund to anothcr Divcrsificd or Spcclal
Fund which was or is madc bctwccn thc Date of Division and thc timc of thc actual transfcr of
pcnslon bcnefits to tllC credit of thc Alternate Payce pursuant to this Ordcr shall bc dccmcd to
Includc thc Participant's and thc Alternate Paycc's pcnslon bcncfits tllcreln in shares which arc
proportionate to tllCir respectivc Interests in thc Fund from which tllC transfcr was madc
immcdiately prior to tllC transfcr.
G. Earnings and losses which accruc after thc Date of Division on pcnslon bcncfits
hereby awardcd to tllcAlternate Paycc shall bc allocated to tllC Alternate Paycc. Distributions to
the Participant after thc Date of Division shall bc dccmcd to bc madc from pcnslon bcncfits othcr
than thosc hcreby awardcd to thc Alternate Paycc,
H.
Nclther tIlC Alternate Paycc nor any pcrson claiming tIU'Ough tIlC Alternate
(I)
Paycc shall havc thc right by vlrtuc of tltis Ordcr to:
(a) Make contributions to tllC Plan(s);
(b) Transfer bcncfits to anothcr alternate paycc;
(c) Reccivc a surviving spowc benefit arising from tllC Participant's pre-
1982 servicc; or
(d) Reccivc pension benefits in tIlC fonn of a joint and survivor alUlul~
witll respcct to thc Alternate Paycc and any subscqucnt spousc.
(2) In all otllcr respects thc pension bcncfits hcrein awarded to tlle Alternate
Payce shall be administered in accordance with the Ministerial Pension Plan, as It
may be amended from time to time. The Alternate Payee shall have all tlle rights
MPP-llDRQ'070195
Qualified Domestic Relations Oeder
Page 7
and duties of a fu1Iy vested "tcnninated participant" (as dlat tcnn Is defined in the
Plan), but only for the purpose of determining eligibility to receive benefiu. The
Participant shall have no c1aim to pension benefiu hereby awarded to die Alternate
Payee.
I. All righu of the Alternate Payee in die Ministerial Pcnsion Plan shall be subject to
the conditiollS, restrictiollS, IimitatiOllS, and requircmenU applicable to "terminated participanu"
as provided by the Plan as it may be amended from time to time, including die non-alienation
provlsiollS thereof.
J. All pension benefiu and odler rights, benefits, assets and interest in the Participant's
Plan not hereby awarded to the Alternate Payee shall be die property of the Participant, to the
exclusion of any present or future claim thereto on die part of die Alternate Payee.
K. Nothing contained in drls Order shall be construed to require the Ministerial
Pension Plan or the Board:
(1) To provide any type or form of benefit, or any option, not otherwise
provided under dlat Plan:
(2) To provide increased benefiu (detcnnined on the basis of actuarial value);
or
(3) To pay any benefits to the Alternate Payee wlrlcll are required to be paid to
another Alternate Payee under anodler order previously determined by die Board
to be a qualified domestic relations order ("QDRO") as dlat term Is defined with
respect to chuccll plallS by ~414(p) of die Intemal Revenue Code of 1986.
MPl'QDRQll701"
Qualified Domestic Relations Order
Page 8
L. The Participant shall promptJy execute and deliver to the Board anAsslgnmmt of
Pe/lSlon Benejlts (using the form provided by the Board), assigning to the Alternate Payee the
pension benefits hereby awarded to the Alternate Payee.
M. TheAltemate Payee shall promptJy execute and deliver to the Board anAcaptlllll:e
of Assignment of Pension Benejlts witJl respect to the assigrunent of pension benefits hereby ordered,
using the form provided by tJle Board.
N. The Board, upon receipt of the Assignment of Pe/lSlon Bmejlts and tJle Acaptllnce of
Assignment of Pension Benefits, within a reasonable time tJlereaftcr which is administratively feasible,
shall effect tJle transfer of benefits contained hcrein.
O. The Participant and the Alternate Payee shall fully cooperate toward tJlC goal of
qualifying and giving full cffect to this Order as a QDRO, secking any amendment hereof as may
be necessary for that purpose.
IT Is So ORDERED, this
day of
,19_.
Presiding Judge
MPP-QDJlQ'07019S
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Law Offices 0/
Craig A. Diehl
3464 Trindle Road
Camp Hill. PA 17011
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Ms. Karen Welsch
c/o Law Offices of Craig A. Diehl
3464 Trindle Road
Camp Hill, PA 17011
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Cf:Nt:IIAI.llo,\1I11 Ot'l'f:NSIO:,/
ANI) 11f:AI.TII Df:Nf:t'ITS Ot'
Tllr. UNITt:1I Mt:TIIIIIlIST CUllllr.1I
/.llll U \) 1997
@~~.m .
MARITAL LITIGATION ~FIT STATEMENT
1::",""u".SIr"'
':llflllll,,".lllilll.i..1oI1:!",-IIIII
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Pnrticipant Name:
(I) JelTrey Welsch
Participant Number:
(I) 0698290
Annual Confcrence:
(I) Centrnl Pennsvlvnnia
Valuntion Dote:
(') June 30. 1994
. nUs form n:por1S tllC tolaI of the Pnrticipant's Pension Benefits in the Ministerial Pension Plan lIS of the
above-named Valuotion Date, unless otherwise specified below.
. A Participant may have pension benefits in one or more of the sections of this sllltcmenL Each section
pertains to a scpnrote portion of the Participant's pension benefits,
. Infonnation provided hcrein is subject to tile definitions, qualifications and conditions set forth in the
pamphlct entitled Transfer a/Pension Benefits Pursuant To A Qualified Domestic Relations Order,
which is available upon request from the General Board of Pension and Health Benefits, Legal
Dcplll1ml:nL No reliance should be made on this Statement except lIS interpreted in accordance with the
infonnation provided therein.
------------------------------------------------------------------------------------------------------------------------
1. PRE-198Z SERVtCEDENEFIT AS OF (') June 30.1994
The benefit provided by Supplcment One of the Ministerial Pcnsion Plan, whieh is the greater of the
benelit provided by the Participant's pre-1982 service annuity accumulation or the Fonnula Benefit, has
been dctcnnincd for the (I) Cartral Pennsylpania Annual Conference to be the pre-1982 scrvice annuity
accumulation in tile amount of(')'$2,316.36, which represents the account aceumulation.
The bencfit provided by Supplement One of the Ministcrial Pension Plan, which is the grcater of the
benefit provided by the Pnrticipnnt's pre-1982 service annuity accumulation or the Fonnula Benefit, hIlS .
been dClcnnined for the (S) Annual Conference to be the (pre-19H2 service annuity
accumulation)/(Fonnula Benefit) in the amount of $I" . which represents the
(nccount accumulotion)/(bcnefit per month).
........
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Marital Litillation Benefit Statement
PartieipllRl: JefI'rcy Welsch
PartieiplIRt Number: 0698290
Page 2
'.:..:.
II. DEFINED CONTRlDtrrlON ACCOUNT TOTALS AS OF (., June 30, 1994
Church Account
$0' 54,672.44
Personal Account
Taxable
Sl" 3.315.08
$1" 2.823.68
$00' 6,138,76
$01113,751.91
$112) 6,804.93
Tax-Paid
rff Sallll}'-Rcduction Account
(j.\& u!~ ~ QVEC Account
QI1?...1" - I
YJi~"'y Rollover Account
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$O'Inla
PART II TOTAL
$O~ 81,368.04
------------------------------------------------------------------------------------------------------------------------
III.
ANNUITY ~ORMATION
(lSI ~e ParticipllRt WlIS not receiving IIR annuity on the Valuation Dale.
(16) 0 The PlIrticiplIRt WlIS receiving an annuity on the Valuation Date in the sum of
$
.
o per month 0 perycar in the following form:
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OF CUMBERLAND COUNTY
STATE OF '* PENNA.
JEFFREY KENT WELSCH,
Plaintiff
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Verslls
KAREN RUTH WELSCH
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Defendant
s
DECREE IN
DIVORCE
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AND NOW, ... ..R.F,r.,.l..?............, 19 .9.~..., it is ordered and
decreed that ..,.....,.... ~~.f.~~7r. .~~~~. .I?~~.s.c:~. . . . .. . ... . .., plaintiff,
and. . . . . ~~~~~. .~1;1~~. .I'!~~.s.<:~. . . . . . . .. . . . , . . .. . . . . . . .. . ... .., defendant,
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
None
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JEF~REY ~ENT WELSCH,
Plaintiff
IN THE COURT OF COr~ON PLEAS
: CUMBERLANDCOUNTY, PENNSYLVANIA
Va.
:
:
:
:
:
NO. 1023 Civil, 1994
CIVIL ACTION - LAW
KAREN RUTH WELSCH,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit. the record, together with the followin9
information, to the Court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown
3301 (c)
under Section (xi iiiXl(leX ( ) 201 (d) (1) of the Divorce
Code. (Check.-' applicable .ection) .
2. Date and manner of ..rvico of the complaint:
March 21, 1994 _ Acceptance of service on behalf of Defendant, Karen Rl
.
Welsch by her Attorney, Carl G. Wass, Esquire
3. (Complete eithe~ para;raph (a) or (b).
(a) Date of execution of the affidavit of consent
required by Section 201 (c) of the Divorce Code: by
plaintiff March 22, 1995 1 by defendant
March 13, 1995
.
(b) (1) Date of execution of the plaintiff's
affidavit required by Section 201 (d) of the Divorce Code:
1 (2) date of service of the Plaintiff's
affidavit upon the Defendant;'
....
.
4. Related claims pendin;: None
Arthur K. Oils, Esquire
(717) 232-9724
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Attorney for I ) Plaintiff
( ) Defendant
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JEFFREY KENT WELSCH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 10 a3
Civil, 1994
KAREN RUTH WELSCH,
Defendant
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 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 di vorce is indigni ties or
irretrievable breakdown of the marriage, you may request marriage
counseling
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.
Office of the Court Administrator
Cumberland County Court House
One Court House Square
Carlisle, PA 17013
(717) 240-6200
JEFFREY KENT WELSCH,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. IOJ3
Civil, 1994
KAREN RUTH WELSCH,
Defendant
DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF DIVORCE CODE
1. The Plaintiff is Jeffrey Kent Welsch, an adult individual,
who currently resides at 5513 Silver Creek Drive, Mechanicsburg,
Cumberland
County, Pennsylvania 17055.
2. The Defendant is Karen Ruth Welsch, an adult individual,
who currently resides at 5513 Silver Creek Drive, Mechanicsburg,
Cumberland
County, Pennsylvania 17055.
3. Plaintiff and Defendant were married on August 16, 1980
in Roselle park, New Jersey.
4. Plaintiff and Defendant have resided in the Commonwealth
of Pennsylvania for a period of at least six (6) months prior
to this filing.
5. Defendant is not a member of the Armed Services of the
United States or ics allies.
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6. Plaintiff and Defendant are both citizens of the United
states.
7. There has been no prior action for divorce or annulment
in any jurisdiction.
8. Plaintiff has been advised of the availability of marriage
counseling, and has waived said right.
9. Plaintiff avers that the grounds on which this action is
based are:
(a) That the marriage is irretrievably broken.
WHEREFORE, Plaintiff respectfully requests your Honorable
Court to grant a Decree in Divorce.
Respectfully submitted,
B..(;;2/})d
Arthur K. Oils, Esquire
101 S. Second st.,ste. L1
Harrisburg, Pa. 17101
(717) 232-9724
I.D. No. 07056
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VBUPICA'l'IOfi
I verify that the statements made in this Complaint in
Divorce are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S.A.~4904, relating to unsworn falsification to authorities.
Dated: d~/q Y
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 1023 Civil, 1994
CIVIL ACTION - LAW
IN DIVORCE
JEFFREY KENT WELSCH,
Plaintiff
KAREN RUTH WELSCH,
Defendant
ORDER OF COURT
AND NOW, this ~r~ day of
Apr~l
, 1995, upon
presentation and consideration of the within Marriage Settlement
Agreement, it is hereby Ordered that said Agreement and the
Addendum attached thereto is hereby made an Order of Court.
BY THE COURT
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MARRIAGE SETTLEMENT AGREEMENT
/ U,
THIS AGREEMENT, made this {p day of
1995, by and between KAREN R. WELSCH, of Mechanicsburg, Cumberland
County, Pennsylvania, hereinafter referred to as "Wife", and
JEFFREY K. WELSCH, of Wormleysburg, Cumberland County,
Pennsylvania, hereinafter referred to as "Husband."
;11 ardv
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on August 16,
1980; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they are living separate and apart from each
other; and
WHEREAS, Husband and Wife have made a full disclosure of their
assets to each other; and
WHEREAS, Husband and Wife desire to settle and determine their
rights and obligations with respect to each other, including the
disposition and distribution of property rights and interests
between them; and
WHEREAS, Husband and Wife are the parents of three minor
children, to wit: Michelle Louise Welsch, born November 21, 1983,
Charlene Elizabeth Welsch, born June 16, 1985, and Andrea Christine
Welsch, born October 14, 1988, and Husband and Wife desire to
settle and determine the matters of custody and support with regard
to those minor children.
NOW, THEREFORE, the parties intending to be legally bound
hereby, do covenant and agree:
1. SEPARATION. It shall be lawful for each party at all
times hereafter to continue to live separate and apart from the
other party at such places as he or she may from time to time
choose or deem fit. The foregoing provisions shall not be taken as
an admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to their living apart.
2. INTERFERENCE. Each party shall be free from interference,
authority, and contact by the other, as fully as if he or she were
single and unmarried except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other
or attempt to endeavor to molest the other, nor compel the other to
cohabit with the other, or in any way harass or malign the other,
nor in any way interfere with the peaceful existence, separate and
apart from the other.
3. WIFE' S DEBTS. Wife represents and warrants to Husband
that since the separation she has not and in the future she will
not contract or incur any debt or liability for which Husband or
his estate might be responsible and shall indemnify and save
harmless Husband from any and all claims or demands made against
him by reason of debts and obligations incurred by the Wife prior
to the date of the delivery of this Agreement, and all further
2
debts incurred by the Wife from and after the date of delivery
hereof, shall be the Wife's individual responsibility.
4. HUSBAND'S DEBTS. Husband represents and warrants to Wife
that since the separation he has not and in the future he will not
contract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnify and save harmless
Wife from any and all claims or demands made against her by reason
of debts or obligations incurred by him. Husband acknowledges and
agrees that all debts and obligations incurred by the Husband prior
to the date of the delivery of this Agreement, and all further
debts incurred by the Husband from and after the date of delivery
hereof, shall be the Husband's individual responsibility.
5. MUTUAL RELEASE. Subj ect to the provisions of this
Agreement, each party has released and discharged, and by this
Agreement does for himself or herself, and his or her heirs, legal
representatives, executors, administrators, and assigns, release
and discharge the other of and from all causes of action, claims,
rights, or demands, whatsoever in law or equity, which either of
the parties ever had or now has against the other, except any or
all cause or causes of action for divorce and except for any or all
causes of action for breach of any provision of this Agreement.
6. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and
agree that they have made a full and ccmplete disclosure to the
3
other of all information pertaining to the parties' separate and
marital property owned, possessed and/or controlled by the other at
the time of the separation of the parties and do hereby waive the
formality and necessity of filing an Inventory and Appraisement
with the pending action in divorce.
7. DIVISION OF PERSONAL PROPERTY. Attached hereto,
identified as Exhibit A, and incorporated herein by reference is a
list of items of personal property, entitled "Karen's Property."
The parties agree that the items of property set forth on Exhibit
A, as well as other items of personal property presently in the
possession of Wife, shall be and hereafter continue to be the sole
and exclusive property of Wife. Those items of personal property
presently in the possession of Husband, and not identified on
Exhibit A, shall be and hereafter remain the sole and exclusive
property of Husband. Husband agrees that he will continue to
provide a storage space to Wife for a period of one (1) year
following the date of this Agreement for "Karen's exercise bicycle"
and the "car roof carrier." In addition, both parties agree to
share with the other all video tapes depicting family history and
all musical recordings and tapes of personal and sentimental value
to either so that the party out-of-possession shall have the
ability to duplicate such tapes and/or recordings.
4
. .
8. BANK ACCOUNTS AND INVESTMENTS. The parties acknowledge
that they have already, to their mutual satisfaction, made a
division and allocation of their banking accounts in a fashion
mutually acceptable to both of them.
9. AUTOMOBILES. The parties are the joint owners of two
automobiles, neither of which is encumbered, and agree to the
dispostion thereof as follows: the 1986 Chevrolet Celebrity shall
be transferred to the sole name of Wife; and, the 1988 Dodge Colt
shall be transferred to the sole name of Husband. Both parties
agree to execute any document required for the purpose of effecting
the change of ownership/title as herein provided.
10. RETIREMENT BENEFITS. Husband is a vested participant in
certain pension and benefit plans maintained for his benefit by the
General Board of Pension and Health Benefits of the United
Methodist Church, being Participant Account No. 0698290 of the
Central Pennsylvania Conference. The parties acknowledge that a
pension and benefit plan statement of account for the period
January 1, 1994, through June 30, 1994, reflects that the
accumulated total value of the personal contributions account of
Husband is in the sum of $12,943.69, and that the salary reduction
contributions account had a total value of $13,751.91. For
convenience, the parties agree that the total of the two said
accounts is $26,696. In addition, the aforementioned pension
statements reflects also the existence of a pension account which
5
has an accumulated balance of $54,672.44, as well as a "pre-1982
service" account having a value of $2,316.36. The parties agree
that all of the aforementioned accounts constitute marital property
and agree to a division or allocation thereof as hereinafter set
forth.
A. Personal Contributions and Salarv Reduction
Contributions Accounts. The parties agree that the sum of
$26,696 contained in the aforementioned accounts shall be
divided equally between them (and any accrued interest prior
to the division shall also be divided equally) by means of the
issuance of a Qualified Domestic Relations Order of the Court
of Common Pleas of Cumberland County which shall result in the
establishment of two (2) equal and separate accounts, one of
Husband and one of Wife, with the General Board of Pensions.
B. Pension Contributions Provided Bv The Church Or
Salarv-Pavinq Unit. The parties agree also that there shall
be established a Qualified Domestic Relations Order with
regard to Husband's pension account which shall include all
accumulated earnings both prior to and subsequent to January
1, 1982, which Order shall require that, at the time of
Husband's retirement, there shall be established a coverture
fraction and a non-coverture fraction, based upon coverture
having terminated on June 30, 1994, and further providing that
whatever pension option may be selected by Husband, the
coverture portion thereof shall be divided equally between the
6
parties, and the non-coverture portion thereof shall be paid
entirely to Husband. Such coverture/non- coverture allocation
shall be applicable not only to the payment of any pension
but, shall also be applicable to any distribution of any cash
resulting from Husband's selection of any retirement option
which may be available to him. The parties further agree that
the Order shall also provide for the irrevocable designation
of the pension as a joint and survivor annuity and shall also
provide that the coverture portion of either which may be paid
in a lump sum pursuant to the provisions of the plan may be.
paid to the designated beneficiaries of Husband or Wife, as
the case may be.
11. SPOU~AL SUPPORT. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL
FEES AND EXPENSES.
A. In consideration of the mutual agreement of the
parties to all of the terms of this Agreement, both parties agree
that each of them has and does hereby waive and relinquish any
right to claim from the other any contribution to or any payment of
any form of alimony pendente lite or any payment of counsel fees
and/or expenses incurred, it being the intent of this paragraph
that each party shall pay his or her own counsel fees and expenses.
B. Husband presently is paying spousal support to Wife in
the allocated sum of $100 per week, pursuant to an Order of Court
entered in the Court of Common Pleas of CUmberland County,
7
_........;.
Pennsylvania, at No. 195 Support Docket 1994. Upon the entry of a
Decree in Divorce, both parties agree that the aforementioned Order
shall be modified to provide that the sum of $100 per week,
thereafter, shall continue to be paid to Wife, shall be termed
alimony, and shall continue to be paid to Wife for a period of five
(5) years from the date of the entry of a Decree in Divorce between
the parties, subject, nevertheless, to the following conditions and
limitations:
(1) The amount of alimony shall not be subject to any
modification for any reason; and,
(2) The aforementioned alimony payments are contingent
only upon, and will terminate only upon:
(a) The remarriage of Wife;
(b) The death of Wife; or,
(c) The death of Husband.
C. In recognition of the fact that, upon the entry of a
Decree in Divorce, Wife shall no longer be entitled to the benefit
of medical and hospitalization benefits currently provided to her
pursuant to a plan maintained by Husband's employer, Husband hereby
agrees to pay to Wife the cash sum of $2,000 per year, for a period
of three (3) years from the date of the entry of the Decree in
Divorce, for the purpose of enabling Wife to secure and pay the
cost of appropriate medical and hospitalization insurance for her
benefit. Husband's obligation to contribute to Wife's medical
insurance costs shall terminate in the event of Wife's subsequent
8
'. .
remarriage and entitlement to coverage as a dependent of her new
husband, in which case, any payments already made hereunder, or yet
to be paid hereunder, shall be pro-rated as of the effective date
of Wife's ~ marital coverage.
12. CUSTODY OF CHILDREN. The parties acknowledge that there
presently exists an Order of the Court of Common Pleas of
Cumberland County, dated July 15, 1994, entered to No. 94.2389
Civil Term, which provides for custody of their three minor
children. Both parties reaffirm the validity of such Order and
agree to continue to abide by the terms thereof.
13. SUPPORT OF CHILDREN. Both parties acknowledge that the
aforementioned Order of Support entEored in the Court of Common
Pleas of Cumberland County, Pennsylvania, at No. 195 Support Docket
1994 provides for an allocated Order for the support of their three
minor children. Both parties hereby reaffirm that Order and agree
to abide by its terms, as the same may hereafter be modified, from
time to time, by any change in the circumstances of the children or
respective parties.
14. EDUCATION AND SECURITY FOR CHILDREN. Husband agrees that
he shall execute an irrevocable trust agreement, and shall name a
corporate trustee of his choice, said trust agreement being
designed to provide for the future education of the minor children
of the parties, to provide security in the event of the untimely
9
" .
death of Husband, and, ultimately, to provide a permanent benefit
to the said children. The trust agreement shall be funded in the
following respects:
A. Trustee shall be named the irrevocable beneficiary of
the proceeds of a Nationwide Life Insurance Company universal
life policy presently maintained by Husband upon his life;
B. Three certificates of deposit presently held by the
Central Pennsylvania Conference of the United Methodist
Church, heretofore held by Husband or Wife as custodian for
one or more of the chidren, shall be transferred to the name
of trustee and shall form part of the corpus of the said
trust; and,
C. Husband shall name trustee the irrevocable
beneficiary of the proceeds of any term life insurance policy
maintained upon the life of Husband by virtue of his
employment with the Central Pennsylvania Conference of the
United Methodist Church.
The beneficiary provisions of the trust agreement shall,
at a minimum, contain the following provisions:
A. All income generated by the trust assets shall be
utilized solely for the purpose of providing for the support,
health, comfort, education and general welfare of the three
children of the parties, and, in the discretion of the
corporate trustee, such sums of principal of the trust shall
be utilized, when deemed necessary, for the purpose of
10
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providing for the support, health, comfort, education and
general welfare of the three children of the parties;
B. Upon the attainment of the youngest of the three
children of the parties to the age of 23 years, and in the
event Husband shall have died prior to that time, the trust
shall thereupon terminate and any remaining assets of the
trust shall be divided equally among the three children of the
parties; and,
C. In the event the youngest child of the parties has
attained the age of twenty-three (23) years and Husband
continues to be living, the trust shall terminate, and any
assets therein shall be paid equally to the three children of
the parties; sng, Husband shall thereupon irrevocably
designate the three children, equally, as beneficiaries upon
the Nationwide Life Insurance Company universal life policy
and any then-existing term life insurance policy maintained
upon his life by the Central Pennsylvania Conference of the
United Methodist Church.
14. 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 damages for such breach, and the party
breaching this contract should be responsible for payment of legal
fees and costs incurred by the other in enforcing their rights
11
under this Agreement, or seek such other remedies or relief as may
be available to him or her.
15. ENTIRE AGREEMENT. This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein.
16. MODIFICATION AND WAIVER. The modification or waiver of
any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or
similar nature.
17. 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.
18. INDEPENDENT SEPARATE COVENANT. It is specifically
understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
19. APPLICABLE LAW. This Agreement shall be construed under
the laws of the Commonwealth of Pennsylvania.
12
20. VOID CLAUSE. If any term, condition, clause, or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement, and in all other respects this Agreement shall be valid
and continue in full force, effect and operation.
21. ENTRY AS PART OF THE DECREE. Husband has initiated an
action in divorce under Section 3301 (c) of the Pennsylvania
Domestic Relations Code, filed in Dauphin County to No. 1023 Civil
1994 in the Court of Common Pleas of Cumberland County,
Pennsylvania. It is the intention of the parties that the within
Agreement shall survive the aforementioned action for divorce, and
that no order, judgment or decree, temporary or interlocutory,
final or permanent, shall affect or modify the financial terms of
this Agreement. Both parties agree to execute Affidavits of
Consent for the purpose of entry of a Divorce Decree under Section
3301(c) of the Pennsylvania Domestic Relations Code. This
Agreement shall be made part of any such judgment or decree of
final divorce, but shall not be merged therein. Husband agrees to'
provide to Wife, at his expense, a certified copy of the final
Decree in Divorce.
22. VOLUNTARY EXECUTION. Wife acknowledges that Carl G.
Wass, Esquire, has acted as legal counsel to her in connection with
the negotiation and preparation of this Marriage Settlement
13
Agreement. Husband acknowledges that Arthur K. Oils, Esquire, has
acted as legal counsel to him in connection with the negotiation
and preparation of this Marriage Settlement Agreement. Both
parties acknowledge and represent that they have thoroughly read
the provisions of this Marriage Settlement Agreement, have
discussed the same with their respective attorneys, and do
understand the full legal effect thereof, especially with regard to
the fairness and equitable nature of the distribution of marital
property between them and the disclaimer of any alimony by either
party. Both parties acknowledge that their execution of this
Agreement has been done voluntarily and knowingly and their
execution is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
WITNESS;
14
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KAREN'S PROPERTY
Karen's ice skates
Karen's exercise bicycle
Car roof carrier
Chevrolet repair manual
Some of the collections of recordings and taped music the parties
acquired during marriage
Her grandmother's artificial Christmas tree
Box of Sunday school materials and supplies
Christmas tree ornaments made by her mother
Christmas dishes which were a gift from Karen's sister
Swimming pool filter (on loan from Karen's sister) which, however,
Jeffrey may continue to use as long as he maintains a swimming pool
but, upon cessation of such use, the filter is to be returned to
Karen's sister
The following Christmas decorations: bells/bloCks door hanger,
reindeer door knob cover, stained glass nativity shelf decoration,
girls' snow globes, Santa climber, wind up toys, ice skating pond
with bear, green garland with apple/berries and matching oval-like
candle ring, Nana's ornaments - pink with silver, silver, blue with
inserts, others, Santa Claus shapes, angel shapes, et cetera.
Small stained glass window ornaments with suction cups
Lights and decorations which accompany grandmother's artificial
Christmas tree
Small gold color sled, white ceramic reindeer, gray mouse
Girls' stockings and mantel sto~king holders.
EXHIBIT A
G:\DATA\CCW\02D02\941D2\42076.1
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 1J II (J P f.{ I,J
tu.
SS:
On this, the
day of
f'1 t7A. c.-I._
, 1995,
before me, a Notary Public, the undersigned officer, personally
appeared KAREN R. WELSCH, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
7~ c K~
.Il _
. tary Public
NOTARIAL SEAL
TillY C. KOLUS. Nolary Public
l1ilrf isburg. Dauphin Counly
My Commission Expires Nov. 28, 1996
15
'.
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY o~;A.J
On this, the /J. l/6
,
SS:
day of
, 1995,
officer, personally
before me, a Notary Public,
appeared JEFFREY K. WELSCH, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NclllMI Seal
ow.eM~~~
My~=~ir.11l97
G,\oATA\CGW\o2oo2\94102\45a16.1
16
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ADDENDUM TO MARRIAGE SETTLEMENT AGREEMENT
......, -, ,^,_:d
THIS ADDENDUM, made this c ~ day of March, 1995, by
and between KAREN R. WELSCH, of Mechanicsburg, CUmberland County,
Pennsylvania, hereinafter referred to as "Wife", and JEFFREY K.
WELSCH, of Wormleysburg, CUmberland County, pennsylvania,
hereinafter referred to as "Husband,"
WHEREAS, the parties have heretofore entered into a Marriage
Settlement Agreement dated March 6, 1995; and,
WHEREAS, Husband and Wife have informally agreed to include a
provision dealing with the guardianship of their children in the
event any of their children shall still be minors at the time when
both of the parties are deceased,
NOW, THEREFORE, the parties hereby agree that the within
Addendum shall be attached to and made a part of the aforementioned
Marriage Settlement Agreement, by the adding of a new paragraph
12.A., to read as follows:
12. A. GUARDIANSHIP OF CHILDREN. Both parties agree that,
in the event of the deaths of both of them at a time when any of
their children shall still be under the age of eighteen (18) years,
they agree that the sister of Wife, to wit: Donna Kulinski, shall
be the guardian of any such child or children who may be a minor;
. .
.'
and, each of them hereby agrees that in the event either of them
shall execute a Will, such designation of guardianship of their
minor child or children shall be included as a provision in said
Will.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
WITNESS, ~
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JEFFREY KENT WELSCH,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 1023 Civil 1994
DIVORCE
KAREN RUTH WELSCH,
Defendant
ACCEPTANCE OF SERVICE
The undersigned hereby accepts service of the Complaint in
Divorce in the within matter on behalf of the Defendant, Karen Ruth
Welsch.
By:
~
Carl G. Wass,
Attorney I.D. #07268
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Defendant
Karen Ruth Welsch
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Dated:
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JEFFREY KENT WELSCH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 1023 Civil, 1994
: CIVIL ACTION - LAW
IN DIVORCE
vs.
KAREN RUTH WELSCH,
Defendant
AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
I, Karen Ruth Welsch, being duly sworn according to law,
deposes and says:
1. A Complaint in Divorce under Section 3301 (c) of the
Domestic Relations Code was filed on March 2, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
the Complaint.
3. I consent to the entry of a final Decree of Divorce.
4. 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.
5. I have been advised of the availability of marriage
counseling and understand that I may request that the Court require
that my spouse and I participate in counseling; I understand that
the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request; and,
being so advised, I do not request that the Court require that my
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spouse and I engage in counseling prior to a Divorce Decree being
handed down by the Court.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C. S. Section 4904, relating to
unsworn falsification to authorities.
Date: UC).htE>~ ~2 l IQ'1S
~enR.I1)~
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(X) Defendant
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JEFFREY KENT WELSCH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 1023 Civil, 1994
CIVIL ACTION - LAW
IN DIVORCE
vs.
KAREN RUTH WELSCH,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on March 2, 1994 .
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
the Complaint.
3. I consent to the entry of a final Decree in Divorce.
4. 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.
5. I have been advised of the availability of
counseling, and being so advised, I do not request
Court require my spouse and myself to participate in
counseling.
marriage
that the
marriage
I verify that the statements made in this Affidavit are
true and correct. I understand that false statements made herein
are made subject to the penaltie 'of 18 Pa. C.S. Section 4904,
relating to unsworn falsification 0 au horities.
DATED:
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JEFFREY KENT WELSCH, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . CIVIL ACTION - LAW
.
.
.
KAREN RUTH WELSCH, .
.
Defendant . NO. 94-1023 CIVIL TERM
.
AND NOW,
ORDER OF COURT
this ~iiday of May, 1995, upon consideration of
the
attached letter from Arthur K. Oils, Esq., attorney for Plaintiff,
the hearing previously scheduled for May 5, 1995, on Plaintiff's
Petition for Bifurcation, is CANCELLED and the Petition for
Bifurcation is DEEMED MOOT.
BY THE COURT,
J
Arthur K. oils, Esq.
101 South Second Street
Executive House, Ste. Ll
Harrisburg, PA 17101
Attorney for Plaintiff
. ~::,-I'l/yr
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Carl G. Wass, Esq.
3631 North Front Street
Harrisburg, PA 17110-1533
Attorney for Defendant
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ATTORNEYS AT LAW
EXECUTIVE HOUSE
SUITE .,
101 SOUTH SECOND STREET
HARRISBURG. PENNSYLVANIA 11101
ARTHUR K. OILS
JOSEPH J. DIXON
DIANE M. RUPICH
PHONE: (717) 233.a743
May 5, 1995
The Honorable J. Wesley Oler, Jr.
Cumberland County Court House
One Court House square
Carlisle, PA. 17013
RE: Jeffrey Kent Welsch v. Karen Ruth Welsch
No. 1023 Civil, 1994
Dear Judge Oler:
On behalf of my client, Jeffrey Kent Welsch, a Petition for
Bifurcation was filed on February 21, 1995, and your Honorable
Court scheduled a hearing in this matter for May 5, 1995 at
9:00 a.m.
Since that time, the parties have reached an Agreement and
Consents have been executed by both parties; hence, there is
no need for a hearing on the Petition to Bifurcate.
Thank you for your assistance in
matter.
i;;ltAIL
rthur K. ~
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JEFFREY It. WELSCH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
KAREN R. WELSCH,
Defendant
NO. 1023 - 1994
CIVIL ACTION - DIVORCE
AMENDED ODRO
THIS AMENDED QDRO is made this ~9 day of ...,.I' ~
1997, by and between:
JEFFREY KENT WELSCH, hereinafter referred to as the
"Participant";
and
KAREN RUTH WELSCH, hereinafter referred to as the "Alternate
Payee" .
WHEREAS, the parties have given serious consideration to the
terms of the Amended ODRO and agree to the Amended QDRO attached as
Exhibit "A".
IN WITNESS WHEREOF, the parties hereto set their hands to this
Agreement to Amend ODRO on the date above mentioned.
WITNESS:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
On this RCJIh day of
t3fPTflll,,>c.e.
, 1997,
before me, the undersigned officer, personally appeared KAREN R.
WELSCH, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Agreement as to Amended
QDRO, and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
'~~Tfk{(((1
NOTARIAL SEAL
HELEN E. RASMUSSEN. NDI8ty Public
CImP Hill Borough. Cumbe~.nd County
My COOlml..IDn Expire. Aug. 2. 1999
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF -.dkh;,
ss.
On this ,:19 day of
~I
, 1997,
before me, the undersigned officer, personally appeared JEFFREY
K. WELSCH, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement as to
Amended QDRO, and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
_~n~ctl-~~.1
NOTARY PUBLI
NolMaJ GeaJ
ShalTo. L. Allchoy. NO!DIY PublIc
AIloona, 8131r County
My Commlselon 1!Jcpi,t1 May 2~, 1999
Mrr6li,~~c1Nctrteo
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(I) .mpJ"REY K. WELSCII,
Plaintiff/Renpondent
IN TIlE COURT OF' COMMON PLE1\S OF'
CUMIlERL1\ND COUNTY, PENNSYLV/lNIJ\
vs.
NO. 94-1023
KJ\REN R. WELSCH,
Defendant/Petitioner
CIVIL ^CTION
ODRO
/ J\MFIDID .
QUALIFIED IJ)OMESTIC REIATIONS ORDER
Tlus cause coming on for hcaring pursuant to thc law of tllis St.~te govcrning tlle division
of marit.~l propcrty incident to the dissolution of marriage (divorce), tlle Court, being fully
advised in tlle premises, FINDS:
A. (')
Jeffr.ey Kent Welnch
(tlle "Participant") is enrolled in tlle
//
Ministerial Pension Plan ("MPP") administercd by tlle GENERAL BOARD OF PENSION AND
HEALTH BENEFITS OF THE UNITED METHODIST CHURCH, INCORPORATED IN
ILLINOIS (the "Board"), the address ofwluch is 1201 Davis Street, Evnnston, Illinois 60201. The
Board is tlle opcrational amI of tlle Gencral Board of Pension and Hcaltll Bcncfits, an
admil\i.~tmtivc gencrnl agcncy of The United Mctllodist Church. Thc Participant has an account
balance, a right to receive benefits, alloc.~ted funding or an annuity (collectively, "pension
bcncfits") in, or arising from, one or more of tlle following pension accounts:
Mrr.QD1lC\'07019l
'.
.,
,.
Qualificd Domestic Relations Ordcr
Pagc 2
(1) Thc .Prc-1982 SClVicc Bcncfit," which rcprescnts thc bcncfit providcd by
cnch nppllcnblc Annunl Confcrcncc through Supplcmcnt Onc of MPP, bcing tllC
grcn tcr of
(n) thc Pnrticipnnt's prc-1982 sClVicc nnnuity nccumulntion (i. c.,
prc-1982 church contributions nnd nccumulntcd cnmings tllcrcon), nnd, if
tllC npplic.1blc lIIulUnl confcrcncc requircs prc-1982 pcrsonnl contributions
to bc uscd ns funding for tllC prc-1982 sClVicc bcncfit, the P3rticipnnt's
prc-1982 personnl contributions nccumulntion (i.e., pre-1982 person31
contributions nnd nccumulnted cnmings tllcreon); or
(b) tlle Pnrticipllllt's Fonnuln Bencfit. Thc Fonnuln Bcncfit is n benefit
bnsed upon n Pnrticipnnl's nwnbcr of ycnrs of pre-1982 service witll pcnsion
credit nnd tllC pension rntcs cst.1blishcd cnch ycnr by tlle nppllc.1ble nnnunl
confercnces.
(2) TIlc "Church Account," which consists of contributions mnde by n church
or cmploycr to tlle credit of tllC Pllrticipnnt nfter 1981, ns ndjusted for C3mings 3nd
losscs,
(3) TIlc "PcrsonnlAccoullt,' which consists of nftcr-t.1X contributions mndc by
the Pnrticipllllt, cxcept prc-1982 contributions which nre rcquircd by thc npplic.1ble
nnnunl confercnce to bc used ns funding for tlle pre-1982 scrvice bcncflt, ns
ndjustcd for enmings nnd losscs.
(4) TIlc .Snlmy-RcductionAccount," which consists of contributions mnde by
n church or employer to tlle credit of tlle Pnrticipnnt pursunnt to n snlnry-reduction
ngrcement, ns ndjustcd for cnmings nnd losses.
MPP.QDRQ'07019S
'.
Qunlificd Domestic Rclntions Ordcr
Pngc 3
5) Thc "QVEC Account," which consists of contributions madc by thc
Participant pursuant to Intem.ll Revcnuc Codc ~219( c)(2) as it existed prior to thc
enactmcnt of thc T:L"( Reform Aet of 1996, as adjustcd for carnings and losscs.
(6) TIIC "Rollover Account," which consists of funds trnnsfcrrcd to MPP for thc
bcnefit of tllC Participant, from, or attribut.1blc to, anotllcr rctircmcnt incomc plan,
as adjustcd for carnings amllosscs.
B. Thc Participant's current or last known address is (3)
52l 57th Str.eet
/\ltoonn , P/\ lliG02
C. The pcrson to whom tllC award of pcnsion bencfits is madc hercin is
(~)
Karen nuth Welsch
(tllC "Altem.1te Paycc"). whosc current
or last known addrcss is (S)
7103 Salem Park Cir.cle
Mechanicshurg, PA l7055
and whosc Social Security nwnber is (6)
158-46-5230
. TIIC Alternatc Payee
is the Participnnt's:
(7)
D Spouse IX] Fonner spouse: Date of Divoree
D ChUd D Otller dependent.
4/3/95
D, It is in confOnnitywitll law and in accordance witll tlle principles of equity tllat tlle
Alternatc Payec bc nwardcd a portion of tllC Participant's pcnsion bcncfits, ns set forth
hereinbelow.
IT Is THEREFORE ORDERED:
A. TIle Alternate Payee is herebyawnrdcd tlle following portion of any nlU\uity which
tlle Participant is cllrrtllt{y rcceiving from tllc Board in pnymcnt of tlle Participant's pcnsion
Mrr.QDI\tV0701.S
. .
" "
Qunlified Domestic Relntions Order
Pnge 4
benefits, such award to commcnce thirty days after the Board's reccipt of this Order and to
continue in cffect for as long as the Participant continues to have tlle right to reccive said annuity:
(cheek only olle of tlle foIlowing boxes)
(I) @ The Participant is not currently receiving an annuity from the Board.
(9) 0 The Participant is currently receiving nn annuity from tlle Board, but the
Altcrnate Pnyee is awarded no part tllercof.
(10) 0 $ per montluy payment, witllout increase or decre:lSe;
(II) 0 $ per annual payment. witllout increase or decrease;
(12) 0 perccnt of each montluy payment otherwise payable to tlle
Pnrticipant, as said amount may increase or decrease from time to time in nccordance
witll tIlc provisions of tIlc Ministerial Pcnsion Plan.
B. Thc Altcnlatc Pnyec is hcreby awarded (13) 50'1: perccnt of tllC Participant's
Pre-1982 Servicc Benefit in tlle Ministcrial pcnsion Plan. effcctivc (14) June 30,
19~ (tIlC "Datc of Division"), to be calculated, valucd, nnd dividcd ns of tIlnt dnte. At nll
timcs after snid t.r:Insfer is made:
(a) TIlcAlternnte Pnycc shall hnvc no furtllcrcIaim to any bencfit bascd on tllC
Participant's Formula Benefit, nnd
(b) Thc Participnnt's Prc-1982 Service Benefit shall bc rcduced by tllC
perccnt.~gc awarded to tlle Altcrnatc Paycc.
C. TIIC Alternate Payce t~ awardcd tIlC foIlowing pension bcncfits from tIlC Participant's
pcnsion benefits in tllC Ministcrinl Pcnsion Plnn, effective (IS)
June 30,
,19.2..1- (tlle "Datc of Division"), to bc c.~lculated. valucd, nnd
divided as of tIlat date:
Mrr.QDltO'07ol?S
'. '.
Qualificd Domestic Rclations Ordcr
PagcS
(1)
Thc swn of (16) $
27,336.22
from tIlC Participant's Church
Account.
(2)
Thc sum of (17) $
1,657.54
from tIlC tllx-paid portion of tIlC
PnrticiplIIlt's PcrsonnlAccount, to bc dmwn from tIlC pre-19B7 tnx.paid portion and
tI1C post.19BG tlUc:.paid portion on a pro-rot:1 basis, if applicablc.
(3)
Thc sum of (II) $
1.411.34
from tIlC tlU,ablc portion of tIlC
Participant's Pcrsonal Account.
(4)
Thc sum of (19) $
6,875.95
from tIlC Participant's Salaxy.
Rcduction Account.
(S)
Thc swn of (20) $
3,402.46
from
tIlC Participant's QVEC
Account.
(6)
Thc sum of (21) $
from tIle Participant's Rollovcr
n/n
Account.
. D. Pcnsion bcncfits hereby awarded to tIle Alternate Payee from any account which
consists of investmcnt in more tImn one of tlle Diversified and Special Funds maint.,ined by tIle
Doard shall bc drown from cach such fund pro-rot.,. Thc Altcrnate Paycc shall have tlle right to
chllIlgc tIle funds in which such pension bcnefits arc invested in accordance Witll tllC invcstment
election provisions of MPP, but no such ellange shall be effcctive until tlle next rcgular date so
providcd for implcmcnting invcstmcnt clection changes.
E. If pension benefits nrc hereby awardcd to an Alternatc Payee from tlle Participant's
Pre-19B2 Scrvice Dencfit, IIIld if on tIle Date of Division tIle Participant's balance in tIlat account
containcd contributions for pre-19B2 scrvicc from more tIUIIl onc annual confcrcnce, tIlen tllC
perccntllgc lIwarucd to thc Altcrnate PlIyce of tllC Participant's contributions lInd carnings arising
MM'.QDl\CV07019S
. .
". ..
Qunlificd Domestic Rclntions Ordcr
Pngc 6
{rom cach such confcrcncc shall cqual tllc pcrecnt.'1gc o{ tllC Participant's tot.'11 Prc-1982 Scrvicc
Bcncnt awardcd to tllC Alternatc Paycc.
F. Any trnns{cr {rom onc Divcrsincd or Special Fund to nnotllcr Divcrsifled or Spccial
Fund which W:lS or is madc bctwccn tllC Date o{ Division :Ind tllc timc o{ tllc :Ictual trnns{cr o{
pcnsion bcnenu to tllC credit o{ tllC Alternatc Paycc pursuant to tillS Ordcr shall bc dccmcd to
include tllC Participant's and tllC Alternate Paycc's pcnsion bencnu tllcrcin in sharcs whicll are
proportionatc to tllcir respcctivc intcrcsU in tllC Fund {rom wlllch tllC trnns{cr WlIS m:ldc
immcdiately prior to tllC lIans{cr.
G. Ean\ings and losscs which accruc n{tcr tllC Date of Division on pcnsion bcncnu
hcreby aw:udcd to tllC Alternate Paycc sll:lll bc alloc:.'1ted to tllc Alternntc Paycc. Distributions to
thc P:lrticipant after tllc Date o{ Division sh:lll bc dccmcd to bc m:ldc {rom pcnsion bcncnu otllcr
tllan tllose hcrcby awardcd to tllC Altcrna te Paycc.
H.
(I)
NcilIlcr IIlcAltenl:lte Payee nor any pcrson claiming tllrough tllc Altcrnatc
Paycc shall h:lvc tllC right by virtuc of tillS Ordcr to:
(a) Makc conlIibutions to tllc Plan(s);
(b) Trans{cr bcncnu to anothcr altcrnatc paycc:
(c) Reccivc a surviving spowc bencnt :Irising from thc P:lrticipnnt's pre-
1982 servicc: or
Cd) Reccivc pension bcncnu in tllC Conn o{ n joint :Ind survivor nnnuity
willi respcct to tllC Alternatc Pnyec and :Iny subscqucnt spousc.
(2) In all otllcr rcspccu tllC pcnsion bcncnu hcrein awardcd to tllC Altcrnatc
Paycc shall bc administercd in nccordancc witl\ tllC Ministerial Pcnsion Plan, as it
m:lY bc :unendcd {rom timc to timc. Thc Altcrnatc Paycc shall havc all tllC righu
MI'I'.QDRQ'07019S
,....-""''''_..,..
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Qualified Domestic Relations Order
Page 7
and duties of a fullyvcsted "tenninated participant" (as that term is dermed in the
Plan), but only for tlle purpose of determining eUgibility to receive benefits. The
Participnnt sh:ill hnve no clnim to pension benc1its hereby nwnrded to tlle Alternate
Pnyee.
I. All rights of the Alternate Payee in the Ministerial Pension Plnn shall be subject to
the conditions, restrictions, limit.'1tions, nml rcquircments appUcnble to "terminated participnnts"
as provid!ld by the Plnn ns it mny be amendcd from time to time, including tlle non-nlienation
provisions tllereof.
J. All pension bcnc1its and olller rights, bellcfits, nssets and interest in tlle Pnrticipnnt's
Plan not hereby awarded to tlle Alternate Payee shall be the property of the Participant, to tlle
exclusion of nny present or future clnim thereto on tlle pnrt of the Alternnte Pnyee.
K. Notlung contained in tlUs Order shall be construed to require tlle Ministerial
Pension Plnn or tlle Bonrd:
(I) To provide nny type or fonn of benefit, or any option, not otllerwise
provided under tllat Plan;
(2) To provide increased benefits (determined on tlle bnsis of actunrial value);
or
(3) To pny anybcnc1its to tIleAlterIl.'Ite Pnyee Whiell are required to be paid to
MOtIler Alternate Pnyee under another order prcviowly determined by tIle Board
to be n qualified domestic relntions order ("QDRO") ns tI\lIt term is dermed with
respect to cllUreh plnns by ~414(p) of tIle Intem.'11 Revenue Code of 1986.
.
MI'l'.QO:lC.\'D7DI9S
. .
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Qunlined Domestic Relntions Order
Pngc: B
L, The Pnrticipnnt shnll promptly execute nnd deliver' to tlle Bonrd nnAsl/gl/lllmt of
Pmslol/ Dmrjits (using the fonn provided by tJle Bonrd), nsslgnlng to tJle Altemnte Pnyee tJle
pension benefits hereby nwnrded to tlle Alternnte Pnyee.
M. 111eAlternnte Pnyce shnl1 promptly execute nnd deliver to tJle Bonrd nnAcclptal/ll
of AsslglI/lllllt of Pmslol/ Dmrjits witll rC.'lpect to tJle nssignrnent of pension benefits hereby ordered,
using tlle fornl provided by tJle Bonn!.
N. The Bonrd, upon receipt of tJle Asslgllmmt of Pml/ol/ Dmtjlls nnd tJle Amptal/te of
Asslgnllllllt ojPlIulol/ DlIIrjits, witllin a rc:\sonable time tJlerenfterwhlch Is ndmlnlst.rntlvely fenslble,
shnll effect the trnnsfer of benefits cont:lined herein.
O. The Pnrticipnnt nnd tJle Alternnte Pnyee shnll fully coopernte townrd tJle gonl of
qunlifying and giving full effect to tJlis Order ns n QDRO, seeking nny nmendment hereof ns mny
be necessnI)' for tJlnt purpose.
IT Is So ORDERED, this
q.
day of Ot..s, , c<
, 19.!!...
Presiding Judge
t1
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