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Home My WebLink About95-03850 '~'~*~"~***"*"~*****~***'~)*'~._:~-~~~~~ ~ '. - ,--.,.... -"..~--....---.- ~ .', ~ ~. . , VI ,.,( vI ',' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~,- STATE OF 1~~ PENNA. w " w ... ~i ,'/ ~ ~ ~ ~ M ~1 ,I ~\ DARREL W. BENDER, Plaintiff l\: (I. "...3..8.S.~.................... I 'J 95 \'1' 1'.' II~; FRANCES E. BENDER, Defendant M ~ w ... ~i ~i I ~I ~ ~ ~ ~ ~ ,;, ... ~ w ... * DECREE IN+ 0 ~ D I V 0 R C E~ 4A I : J.D;1A * ANI)NOW.. "',...,.~.19~)..itisorderedand I: dflwu~d thnt "".", D.~~~~.l. .~:, ~.~~~~.r:.,.....,....,....,.... plaintiff, ~ ond . . . .. .. .F:~n.c~~. .~'. . ~~~~~::. ,. .. . .. .. . . . , . .. ..... . '. defendant. l ~ ~~ OrA divorrfld from thfl honds of matrimony. The rourt retnins jurisdiction of the following claims which have he en raised of record in this action for which a final order has not yet bee,n flntered; ".", 'mAL...,..."...,.,................,.... ~. ~ ,;, ~ ~ .,......,.. ........ ... ... ...... .... ..................... ~ :;, ". r. L(~ ..tb~M4'7 J. -~, fJ;~ , .77"Prolhonolnry .... -:.:. .:~:,' ::.:. . .:~:. .::~:: .:.:.-::.~' .:.:: --.:.:.' .:.:. .:.:. .:.:. .:.:. .:.:.' .:.:. .:+:. .:~:. '.:.:, .:.:' ':.:. .:~:. .:.:. .:.;~ ~ " ~ '.' ~ "', ~ '.' 8 ~ '.' ~ '.' .', ~ .', :, s ~ '.' s ~ '.' s ~ (. s * ~ ~ /'.' I~ I" I' I~ ,',' I. ~ ~ ~ * * ,a ~ '~ //JJ ~ A-(.~, /J(;'~ ~d-if J11z& II' _?o ~r 71~ .M~4/ d 1/Y . ~ '. - Theresa Barrett Male Supreme Court #46439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARREL W. BENDER, Plaintiff v. NO. 95- 3850 civil Term FRANCES E. BENDER, Defendant CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD 1. Ground for divorce: irretrievable breakdown under section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: personal service on July 22, 1995 per the acknowledgement of service filed of record. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by section 3301(c) of the Divorce Code: by Plaintiff: October 31, 1995; by Defendant: October 31, 1995. (b) (1) Date of execution of Plaintiff's Affidavit required by section 3301(d) of the Divorce Code: N/A (2) Date of service of Plaintiff's Affidavit upon Defendant: N/A 4. Related claims pending: No claims raised of record. S. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d) (1) (~the Divorce Code: N/A ;L<-v;.) ;Q~A'('<< J1t~4:- Attorney For Plaintiff ., ~ J ~J ~ {i~ i. ~ ~ ,- . t~ ~, ":)- , r-- - ::r.: C) " C- e J:; -, a~.-o - ''':> " <> ~~ ~ . G, -;:; ~ ~ ~~ ~ - ~ \.I = - ~ ~ -' ~ -:.;..) -, .... . 0 ~I : ~ 1:::5 ~ ~ i ~ ~ , ;a9:E:08' ~ ~ ~:~ ~SUJ.~t w 0::1"' i!: .... III :c , . . , .' . .(' . , Theresa Barrett Male Supreme Court #46439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARREL W. BENDER, Plaintiff v. NO. 95- 385'0 civil Term FRANCES E. BENDER, Defendant CIVIL ACTION - DIVORCE NOTICE TO DEPEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY I LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED I 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. Court Administrator Cumberland County Courthouse - 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 ~ .. , Theresa Barrett Male supreme Court 146439 10 South Market Square suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARREL W. BENDER, plaintiff v. NO. 95- civil Term FRANCES E. BENDER, Defendant . . CIVIL ACTION - DIVORCE COMPL~INT IN DIVORCB 1. Plaintiff is Darrel W. Bender, who currently resides at 6306 stephens Crossing, Mechanicsburg, cumberland County, pennsyl- vania 17055. 2. Defendant is Frances E. Bender, who currently resides at 6306 stephens crossing, Mechanicsburg, cumberland County, pennsyl- vania 17055. 3. Plaintiff and Defendant have been bona f ide residents in the commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The parties were married on August 21, 1971 in Mechanics- burg, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. ~l - 7. Plaintiff has been advised that counseling is available and that Plaintiff may h~ve the right to request that the court require the parties to participate in counseling. WHBRBPORB, Plaintiff requests the court to enter a Decree in Divorce. ~.t..-.a"",u-tf Theresa Barrett Male, Supreme Court #46439 10 South Market Sq. - Suite 500 Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorney For Plaintiff Date: 1"[\1~\'16 2 'JERIFICATION I, Darrel W. Bender, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsifica- tion t~ authorities. ~'-,,-~uJ.J- Darrel W. Bender Date: JilL(\- It, IQC;.l-- Theresa Barrett Male Supreme court #46439 10 South Market square - suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNS~LVANIA DARREL W. BENDER, plaintiff v. NO. 95-3850 civil Term . . FRANCES E. BENDER, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301 (c) of the Divorce Code was filed on July 19, 1995. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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. 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. S 4904 relating to unsworn falsification to authorities. Date: 'Oc..CU 6.::.(t. 51, l'i'i,- "~w(J ---Jarrel W. Bender ~ Thereea Barrett Male Supreme Court #46439 10 South Market Square - Suite 500 Harrieburg, PA 17101 (717) 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARREL W. BENDER, Plaintiff . . . . v. . . NO. 95-3850 Civil Term FRANCES E. BENDER, Defendant CIVIL ACTION - DIVORCE APPIDAVIT OP CONSENT 1. A Complaint in Divorce under section 3301 (c) of the Divorce Code was filed on July 19, 1995. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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. 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. S 4904 relating to unsworn falsification to authorities. Date: OeA-.3 I, /C'A;;i ~df1(I.')ICCL}- (E..L\itl&Q~ Frances E. Bender a'-."--. THaDA BARRETT MAUl' COUNRLOII AT LAW 10lOUTH MAIIKETSQUARIE SUITllIlOO HARlllsaUIIG,PA 17101 -- -", ;i ii Thereea Barrett Hale Supreme Court 146439 10 South Harket Square Suite 500 Harrisburg, PA 17101 (7171 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARREL W. BENDER, Plaintiff v. NO. 95-3850 Civil Term FRANCES E. BENDER, Defendant . . CIVIL ACTION - DIVORCE ACKNOWLEDGEMENT OP SERVICE I, Frances E. Bender, the defendant in the above-referenced divorce action, acknowledge that I received a certified copy of the Complaint In Divorce by personal service on JUlydd.. , 1995. J/)aJY)c.esf~---\ Frances E. Bender Dated: . ..., '-' ~ - t_ c-:. ~ r--..~ ----1 c..,-~ N en :,. """ l1OT1I ."--'-'..~ -.> ~ . . .~ " . \)00'1 ~ ~ 'I 4 ~ ... - ~ ~ ~ ~ ~ ~ i co;;j ~ ~ ~ ~ ~ ~ .= I .\ , VS. IN 'rilE COUHT (W COMMON PLI~AS CUMlmltLANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW DnlTel W. UClult'r PlnintiO' Frances E. 13cnd~r Defendant NO.jlliIiOCIVIL I!)!JIi DOMESTIC HELA1'IONS OnDER 1. This Domestic Helntions Order ("DHO") crentes nnd recognizes the existence of the Alternnte Payee's right to receive n portion of the benefits paynble with respect to the Participant. It is intended to constitute n qunlifying DRO ns determined by the Federal Retirement Thrift Investment Bonrd ("Bonrd") in accordnnce with 5 U.S.C. ~~ 843 (d)(}) and (2) and 8467 and the regulations it has issued at 5 C.F.R. Part 1653, Subpnrt A. 2. This DRO relates to the provision of mnritnl property rights to the Alternate Payee as a result of a Marriage Settlement Agreement between Participant and Alternate Payee entered into on September 8, 1995. The parties were divorced on November 29, 1995. 3. This DRO applies to the Thrift Savings Plan ("Plan") and any successor thereto. Darrel W. Bender ("Participant") is employed by the United States Department of Justice and is a Participant in the Plan. Frances E. Bender ("Alternate Payee") is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Darrel W. Bender 5-C Southmont Drive Enola, PA 17025 Social Security No.: 199-36-4824 Date of Birth: January 26, 1951 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Frances E. Bender 1054 Tunberry Court Mechanicsburg, PA 17055 Social Security No.: 202-42-7213 Dnte of Birth: October 8, 1951 C'.~ F'l.EO-c,'-:nCE 7,'.~ .~. -".,-, ""~,t:~,t,i'Y 97 /!'~"-8 !o.. ...., [J: l'b C... u:~';.~_i_.. i..I..'".: , _ , ,j iT FE'\'i"SYL~:/J~~.' . . ,..,;....- .- \ . , , UHO 1'11111' :.! It is till! responsibility of the Altel'l1l1tc I'lIyee to keep II currentmllilinllllddrcss on file with tlw I'llIn lit 1111 times. 6. The Alternnte I'nyee is entitled to n portion of the Pnrticipant's benefits under the Plnn ns set forth below. The "Inn is bereby directed to pay Alternate Pnyce's shnre directly to Alternllte "nYl'e. 7. This DRO nssigns to Alternnte Pnyee nn nmount equal to 60% of the Participant's account balance under the Plan as of April 30, 1996. 'l'he Alternate Payee's portion of the benefits described above shall be credited with any interest and investment income or losses attributable thereon from April 30, 1996 until the dnte of payment to the Alternate Payee. 8. The amount designated in Parnllrnph 7 shall be pnid directly to the Alternate Payee ns soon ns ndministratively possible. 9. Until the Plnn completes payment of all benefits pursuant to this DRO, the Plan shall treat the Alternate Payee as a beneficiary but the Alternate Payee shall receive, as a beneficiary, only the amount described in Paragraph 7 of this DRO. The sole purpose of this Paragraph 9 is to ensure payment to the Alternate Payee in case of Participant's death prior to payment by the Plan of the amount described in Paragraph 7 of this DRO. In case of the Alternate Payee's death prior to payment by the Plan of all benefits pursuant to this DRO, the Plan shall pay the remaining benefits under this DRO to the Alternate Payee's estate. 10. After payment of the amount required by this DRO, the Alternate Payee shall have no further claim against the Participant's interest iI. the plan. 11. In no event shall the Alternate Pnyee have greater benefits or rights other than those which are available to the Participant. The Alternate payee is not entitled to any benefit not othenvise provided by the Plnn. The Allernnte Payee is only entitled to the specific benefits offered by the Plnn as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Allernnte Payee are preserved for the Participant. -.,.......- - - . ~. "_ . I . - /)HO IJul-{(! a 12. All Jluynwnts mlldc Illlrsunnt to this Order shnll be conditioned on the certification by tho Alternnte Pllyeo nnd the I'nrticipnnt to the Plnn of such information as tho Plan muy rensonubly require from such parties. 13. The Alternnte PlIyee nssumes sole responsibility for the tax consequences of the distribution under this DRO. 14. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DUO,. the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immedintely reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten days of receipt. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. . Enter this ,1997. >- Ul ?; rr: ;:; _OJ .'.. UJ!'~ lC ~ ~ ) ...... (,';: '..;'~1 &::, .~ ',1 :i: y: ,.-,2i t".:l o ~ C) '.:~? ll,ll I ';"- L::'l__' " ' -L-.;' I ~+ . ,,1] ,. '4 <.I~ I ,... ~5 C) {i' U ..---"..- . -H Q', '-'ii' .. ,,,", . .;4........... /... J.:v.<JU'-.i j. .............. .-- , . .,..... ~... '~J - . CONSENTED TO: ~MiO li)(7 PIa inti ff/Partici pan t 7Lu<-- ;jt.M}'tlkdL Attorney for Plaintiff/Participant ~J1~~ Defendant/Alternate Payee AttorQ?~:r:~L~ee <Ii .. . " . ~ ~ HH ~ ~ = ~ .= I A?~ 0 7 1997 Jr- ~~ ~\ ~ ':}. .~ :\' ~ ..J ~ E .. - . . IJnr..el W. lIemll'l' I'lnintiO' IN 'rilE COlJHT (W COMMON PLEAS CUMlmnLANIJCOlJN'I'Y, I'I':NNSYLVANIA CIVIL ACTION - LAW V8. 1~l'Ilnce8 E. Bender Defendnnt NO.aIlIiO CIVIL 1!J95 DOMES1'IC HELA'I'IONS ORDEn 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable {o'or Processing under final regulations issued by the Office of Personnel Management ("OI'M"). 2. This DRO relates to the provision of marital property rights to the Alternate Payee as a result of a Marriage Settlement Agreement between Participant and Alternate Payee entered into on September 8, 1995. The parties were divorced on November 29, 1995. 3. This DRO applies to the Federal Employees Retirement System ("Plan") and any successor thereto. Darrel W. Bender ("Participant") is employed by the United States Deportment of Justice and is a Participant in the Plan. Frances E. Bender ("Alternate Payee") is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Darrel W. Bender 5-C Southmont Drive Enola, PA 17025 Social Security No.: 199-36-4824 Date of Birth: January 26, 1961 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Frances E. Bender 1064 Tunberry Comt 1I1echanicsburg, PA 17055 Socinl Security No.: 202-42-721:1 Dnte of Birth: Octohcr 8, 1951 -.;...~_._~-...... ':...~-;,.~ DHO I'nlle 2 It is the responsibility of the Alternnte Pnyee to keep n current mniling nddress on file with the 1'11111 at all times. 6. The Alternate Payee is entitled to n portion of the Participant's Gross Monthly Annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share directly to Allernnte Payee. 7. The marital pension is the Participant's gross monthly pension accrued as of April 30, 1995. The marital pension shall be calculnted without regard'to any amounts that are withheld from the Participant's annuity for any reason. 8. This DRO assigns to Alternate Payee an amount equal to 60% of the marital pension. When COLA's are applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's shure. 9. Payments to Alternate Payee shall commence the date the payments commence to the Participant Payments shall continue to Alternate Payee for the remainder of Participant's lifetime. 10. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's marital pension shall revert to the Participant. 11. If the Participant dies before the Alternate Payee, the Alternate Payee's right to a share of the Participant's benefits shall be terminated as of the date of the Participant's death. 12. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternnte Payee is not entitled to any benefit not otherwise provided by the Plan. 'fhe Alternate Payee is only entitled to the specific benefits offered by the PllIn as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternnte Pnyee ore preserved for the Participant. 13. Participant ogrces to urranlle or to execute nil forms necessary for the OPM to commence )luyments to the Alternnte Puye!! in nccurdunce with the terms of the DHO. ... . Dno Puge a 14. 'rho Plun shull issue individualtnx forms to tho I'lIrticipuntllnd Alternnto Payee for nmounts pllid to ench such porson. 16. In the event that the Plan inlldvertently pays to the Participant any benefits that are assigned to the Allernllte Payee pursullnt to the terms of this DHO, the Participant shall immediately reimburse the Alternate Payee to the extont thut he has received such benefit payments and shull forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend wi\1 invalidate ,hi. 0"'"" M ~ Enter this ~ day of ,1997. mO-GmCE I'C ",." ,.,~.. -.. "'T~Ov ....' "',1,1..( 0'7 t..... -J/ ".1 f" "Q J "f I. ... 11'1 J". C. .1 ,~~ .;. -, _ j "; j I . 1\ ,', \ I "",II. ~ .o"~ . .~ "''''~'...I , j I /:ti,:;.,f-fl.liWA . CONSENTED TO: ~A.\1Q( \...)\!- ntilT/Partlcipant La~v:;dft~ Attorney (or Plaintill7Participant ---X l\o.m~2.~lcQ~ Defendant/Alternate Payee QJ/LD--~/t$ Attorney for Defendant/Alternate Payee