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HomeMy WebLinkAbout02-4261PATRICK J. KELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. BEVERLY A. KELLY, Defendant Civil Action - Law NO. Lea-q2(, I Civil Term N-9 T _1C E You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further Notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 PATRICK J. KELLY, : IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. : Civil Action -Law BEVERLY A. KELLY, n Respondent NO. Da ' ?. ( l: to t ?1=1r ACTION FOR DECLARATORY JUDGMENT f AND NOW, this,l8°/i day of August, 2002, comes the Plaintiff, Patrick J. Kelly, by his attorney, Anthony L. DeLuca, Esquire and files this Action for Declaratory Judgment based upon the following: 1. The Petitioner is Patrick J. Kelly, an adult individual, who resides at 118 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The Respondent is Beverly A. Kelly, an adult individual who resides at 447 Springhouse Lane, Harrisburg, Dauphin County, Pennsylvania. 3. This is an action for declaratory judgment pursuant to 42 Pa. C.S. Section 7531, et seq., for the purpose of determining a question of actual controversy between the parties as hereinafter more fully appears. 4. Jurisdiction is proper as this is a Court of General Jurisdiction, the Plaintiff and Defendant executed the relevant documents in the Commonwealth of Pennsylvania, and there is no language to the contrary in any document relevant hereto. 5. On August 13, 1993, Beverly A. Kelly filed a Complaint under section 3301 (c) of the Divorce Code against Patrick J. Kelly in the office of the Prothonotary, in and for Cumberland County, Pennsylvania to docket number 2593 Civil 1993. 6. A Final Decree in Divorce was issued on March 15, 1995 by the Court in Cumberland County. 7. A Property Settlement & Separation Agreement was executed by the parties on February 27, 1995. A copy of the Agreement is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 8. Under Article V of the Property Settlement & Separation Agreement, the parties agreed that in order to affect a fair and equitable distribution of the marital estate Wife is entitled to receive a portion of Husband's pension under the Civil Service Retirement System (CSRC) of the United States Government. 9. A Court Order Acceptable for Processing was prepared setting forth the terms under which Wife shall receive pension monies from Husband's pension under the Civil Service Retirement System and was signed by the Court on July 10, 1996. A copy of the Court Order Acceptable for Processing is attached hereto, marked as Exhibit "B", and incorporated herein by reference. 10. Patrick J. Kelly retired from Government Service on January 4, 2001 resulting in his Civil Service Retirement pension going into pay status. 11. By letter dated April 30, 2001, the United States Office of Personnel Management informed Patrick J. Kelly that the Court Order awarding Beverly A. Kelly a survivor annuity as a former spouse would be honored and that the current monthly survivor annuity that would be payable to Beverly A. Kelly, in the event of Mr. Kelly's death, would be $2,407.00. 12. Patrick J. Kelly contacted the United States Office of personnel Management to object to the amount of the survivor annuity, namely $2,407.00 per month, that would be paid to his former Wife. 13. The relevant portion of Article V of the Property Settlement & Separation Agreement which is at issue is: With respect to Husband's pension under Civil Service Retirement System (CSRS) of the United States Government, Wife shall be entitled to the sum of $15,000.00 per year of Husband's pension, which sum shall commence to be paid Wife upon Husband's retirement from active duty with the United States Government. Wife, during Husband's retirement, shall also be entitled to receive the cost of living allowance (COLA) given to retirees under the CSRS in the same percentage as given to Husband. It is further agreed that Wife shall be entitled to a survivor benefit as a former spouse under Husband's pension. In order to be entitled to said survivor benefit as a former spouse, Husband's pension will be subject to a reduction to take into account the survivor benefit. The parties agree to equally divide and pay the cost for said survivor benefit under the CSRS which is currently figured to be $2,440.00 as said costs are incurred. In the event that the cost of the survivor benefit option exceeds $2,440.00, then and in such event the parties agree to equally divide and pay the costs of any such increases. The parties further agree that, in lieu of electing to provide the survivor benefit to a former spouse, as stated hereinabove, they shall have the option to place in effect a life insurance policy on Husband with Wife designated as the sole Beneficiary in an amount sufficient to guarantee Wife the sum of $15,000.00 per year and to equally divide and pay the cost of the life insurance premiums, if the cost of the life insurance premiums is less expensive than the cost of the reduction in Husband's pension to take into account the survivor benefit for a former spouse. The Office of Personnel Management (OPM) of the United States Government or its successor shall be directed to issue a separate check to Wife for the amount agreed upon herein. The parties further agree to select the option referred to hereinabove to provide Wife with the sum of $15,000.00 per year as a survivor benefit for a former spouse prior to Husband's date of retirement. In the event that the husband dies before retirement from U.S. Government, the parties agree that Wife shall be entitled to receive 50% of the marital portion of any life insurance, death benefit or other benefit arising from Husband's employment with the United States Government up to a maximum of $15,000.00 per year plus any cost of living adjustments given to retirees of the CSRS. In the event that the Office of Personnel Management (OPM) of the United States Government or its successor interprets this Agreement that Wife shall receive more than the agreed upon $15,000.00 per year plus any cost of living adjustments, then and in such event, Wife hereby agrees to pay Husband's estate or his then spouse, if married at the time of death, any sum of money she receives that exceeds the agreed upon $15,000.00 per year plus cost of living adjustments. It is the clear intent of the parties that in such event as stated hereinabove Wife shall only receive the maximum sum of $15,000.00 per year plus cost of living adjustments. The parties further agree that a Qualified Domestic Relations Order (QDRO) shall be executed for the purpose of incorporating the matters referred to hereinabove concerning Husband's pension. Wife shall have no further claim against Husband's pension. 14. The clear intent of the parties at the time of the execution of the Property Settlement & Separation Agreement was that Wife was to receive the maximum sum of $15,000.00 per year plus cost of living adjustments and that the survivor benefit for his former spouse would be $15,000.00 per year plus cost of living adjustments. 15. Based upon the letter dated April 30, 2001 from the United States Office of Personnel Management, Beverly A. Kelly would receive an additional $1,157.00 per month as survivor benefits which would constitute a breach of the terms of Article V of the Property Settlement & Separation Agreement. 16. The additional $1,157.00 per month would be paid to Beverly A. Kelly as a survivor benefit upon the death of Patrick J. Kelly. 17. The Petitioner has attempted to clarify the controversy over the survivor benefit but the Respondent has refused to do so. 18. In the event that Petitioner marries and subsequently predeceases the Respondent, the new Wife of Petitioner would be compelled to litigate this issue without the benefit of testimony from the Petitioner which would be vital to her cause of action. 19. The Petitioner believes and, therefore, avers that the failure to resolve the amount of the spousal survivor benefit while he is alive will cause an inevitable controversy at his death, if he predeceases his former spouse. 20. The Petitioner believes and, therefore, avers that the failure to resolve this issue while he is alive would cause uncertainty and insecurity with respect to the legal rights of the parties. WHEREFORE, Petitioner respectfully prays that this Honorable Court may enter its judgment or decree, construing the terms and provisions of Article V of the Property Settlement & Separation Agreement, herein set out at length, and declaring that under and by virtue thereof, Respondent, if she survives Petitioner, shall only be entitled to receive a spousal survivor benefit of $15,000.00 per year plus cost of living adjustments and that the Respondent is not entitled to the spousal survivor benefit as set forth in the letter dated April 30, 2001 from the United States Office of Personnel Management; and grant other and further relief as may be proper. Respectfully Submitted, Anthony L. uca, Esquire 113 Front Stet Boiling Springs, Pennsylvania 17007 (717) 258-6844 Attorney for Petitioner VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for Action for Declaratory Judgment are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Patrick J. K y PROPERTY SETTLEMENT & SEPARATION AGREEMENT THIS AGREEMENT, made this ?7 day of February, 1995, by and between BEVERLY A. KELLY, of Boiling Springs, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife") and PATRICK J. KELLY, of Boiling Springs, Cumberland County, Pennsylvania, (hereinafter referred to as "Husband"): ARTICLE 1 SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separate and apart since June 13, 1993. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION EXHIBIT "A" 2.01 Eguitable Distribution of Marital Property. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Sec. 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: The length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 2.02 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement Predicated On Divorce It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an immediate divorce. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. ARTICLE III EQUITABLE DIVISION OF REAL ESTATE 3.01 Equitable Division of Real Estate The parties agree that the real estate owned by them as tenants by the entireties and which is situated at 118 S. Ridge Road, Boiling Springs, Cumberland County, Pennsylvania, shall become the sole property of Husband and Wife shall convey all for her right, title and interest in said real estate to Husband. Wife shall execute a Deed together with any and all documents necessary to effectuate the transfer of title to Husband. In consideration of Wife conveying her interest in said property, Husband shall pay Wife one-half (1/2) of the net equity in said house based upon an appraisal of $242,000.00 less the actual mortgage payoff as of the date of transfer. Husband shall pay all costs related to the conveyance of said title and the refinancing of said mortgage. ARTICLE IV EQUITABLE DIVISION OF PERSONAL PROPERTY 4.01 Equitable Division of Personal Property. (a) The parties agree that the personal property has been divided in a manner satisfactory to both parties. A copy of the division of said personal property is attached hereto and marked as Exhibit "A". The parties have also agreed to the division of financial assets. A copy of the division of said financial assets is attached hereto and marked as Exhibit "B".. (b) The parties agree that title to property remaining in the hands of each party is in that party, and that neither will make a claim against the other for any item now in the possession of the other. The parties further agree to execute any and all documents necessary to effectuate changes in title of any item of personal property, including but not limited to motor vehicles. ARTICLE V ALIMONY ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES AND PENSION 5.01 Wife and Husband hereby waive any further or future claims which either of them may now have or may hereafter have against the other with regard to any further equitable distribution of marital property, or for any claim of spousal support or alimony, alimony pendente lite, counsel fees and expenses or for any other form of consideration which either party might hereafter make claim, specifically and completely waiving any rights which either of them may have under the Pennsylvania Divorce Code, effective July 1, 1950. With respect to Husband's pension under the Civil Service Retirement System (CSRS) of the United States Government, Wife shall be entitled to the sum of $15,000.00 per year of Husband's pension, which sum shall commence to be paid Wife upon Husband's retirement from active duty with the United States Government. Wife, during Husband's retirement, shall also be entitled to receive the cost of living allowances (COLA) given to retirees under the CSRS in the same percentage as given to Husband. It is further agreed that Wife shall be entitled to a survivor benefit as a former spouse under Husband's pension. In order to be entitled to said survivor benefit as a former spouse, Husband's pension will be subject to a reduction to take into account the survivor benefit. The parties agree to equally divide and pay the cost for said survivor benefit under the CSRS which is currently figured to be $2,440.00 as said costs are incurred. In the event that the cost of the survivor benefit option exceeds $2,440.00, then and in such event the parties agree to equally divide and pay the costs of any such increases. The parties further agree that, in lieu of electing to provide the survivor benefit to a former spouse, as stated hereinabove, they shall have the option to place in effect a life insurance policy on Husband with Wife designated as the sole Beneficiary in an amount sufficient to guarantee Wife the sum of $15,000.00 per year and to equally divide and pay the cost of the life insurance premiums, if the cost of the life insurance premiums is less expensive than the cost of the reduction in Husband's pension to take into account the survivor benefit for a former spouse. The Office of Personnel Management (OPM) of the United States Government or its successor shall be directed to issue a separate check to wife for the amount agreed upon herein. The parties further agree to select the option referred to hereinabove to provide Wife with the sum of $15,000.00 per year as v" a survivor benefit for a former spouse prior to Husband's date of ' retirement,. ?.??ti f CiGU i2?U l r=T "L ..? C.4 <K 4 T7 The parties agree that Wife shall be entitled to receive 500 1 of the marital portion of any life insurance, death benefit or other benefit arising from Husband's employment with the United States Government up to a maximum of $15,000.00 per year plus any cost of living adjustments given to retirees of the CSRS. In the event that the office of Personnel Management (OPM) of the United States Government or its successor interprets this Agreement that Wife should receive more than the agreed upon $15,000.00 per year plus any cost of living adjustments, then and in such event, wife hereby agrees to pay Husband's estate or his then spouse, if married at the time of death, any sum of money she receives that exceeds the agreed upon $15,000.00 per year plus cost of living adjustments. It is the clear intent of the parties that in such event as stated hereinabove Wife shall only recive the maximum sum of $15,000.00 per year plus cost of living adjustments. The parties further agree that a Qualified Domestic Relations Order (QDRO) shall be executed for the purpose of incorporating the matters referred to nereinabove concerning Husband's pension. Wife shall have no furt:^_r claim against Husband's pension. ARTICLE VI GENERAL PROVISIONS 6.01 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions, and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 6.02 Subsequent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all the terms of this Agreement. 6.03 Waiver of Estate Claim. Except as otherwise herein provided, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other party's spouse under the present or future laws of any jurisdiction as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced; (b) to share in the other party's estate in cases of intestacy; (c) to act as executor or administrator of the other party's estate; and (d) the right to alimony, support, alimony pendente lite, attorney's fees, and equitable distribution. 6.04 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debts, obligation or other liability, other than those already described in this Agreement, on which the party is or may be liable. Each party covenants and agrees that if any claim, action, or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligations, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not wellfounded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. 6.05 Full Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. 6.06 Right to Live Separately and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 6.07 Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel, or having been advised of his right to such counsel; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 6.08 Tax Returns and Tax Refunds The parties agree to jointly file 1994 Federal and State Income Tax Returns and to equally divide any Federal and State Tax Refunds. In the event that any taxes are due and owing to the Federal and/or State Governments, the parties agree to equally pay said taxes. 6.09 Default. If either party fails in the due performance of any of his or her marital obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party to exercise this election. 6.10 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 6.11 successors and Assions. This Agreement, except as otherwise expressly provided herein, will be binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the parties. 6.12 Law Governing Agreement. This Agreement will be governed by, and will be construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: (SEAT,) (SEAL) EXHIBIT "A" The parties agree that the following items of personal property shall be divided as follows: Beverly A. Kelly China Cabinet White Chairs Cedar Chest Dining Room Set TV Love Seats Glass coffee table Parsons table Kitchen table/ Secretary Washer/dryer 2 Wicker rockers 1/2 of the plants 1/2 of the pictures 2 lamps Lounge and small table of the Deck furniture decorations Middle Entertainment Cabinet Nissan Lawn Mower Electric drill Hand saw 1/2 garden tools Humidifier Barrelp chairs and table `? ?? A RR?1 Patrick J. Kelly Crystal Waterford Master Bedroom Set 2 side cabinets to the sound system including VCR, tapes, CD and turn table. L shape sofa Large coffee table 2 large plants Refrigerator Leather sofa coffee table Pool table Table and 4 chairs 1/2 of the plants 1/2 of the pictures 2 lamps 1/2 of the Christmas Table, 2 chairs and 1 lounge chair of the deck furniture 1/2 of the Christmas decorations TR-6 John Deere Tractor & accessories Chair saw 1/2 garden tools All old furniture in basement 2 fire side chairs Queen Size Bed Church pew Wicker love seat The freezer is to be sold and proceeds split 50/50. EXHIBIT "Be' MARITAL ASSESTS OF BEVERLY A. KELLY AND PATRICK J. KELLY Marital residence equity $242,000.00 less payoff of $136,840.10 IRA - Patrick J. Kelly IRA - Beverly A. Kelly - Franklin IRA - Beverly A. Kelly - Lord Abbett Thrift Savings - Patrick J. Kelly Beverly A. Kelly: Legg Mason Acct. PSECU Beverly A. Kelly: Marital portion Rock Stockers Investment Reat Estate Group, Inc.- Beverly A. Kelly Trust Money Market Acct. - Legg Mason U.S. Government Fund: Legg Mason First Federal Savings & Loan Dauphin Deposit PSECU Account Patrick J. Kelly U.S. Savings Bonds 300 Shares Ampower Technology Inc. 133 Shares Career Com. Corp 100 Shares Inter Digital Communications Total marital assets excluding personalty and pension of Patrick J. Kelly $105,159.90 4,110.66 4,193.32 9,010.15 6,709.56 15,869.00 3,000.00 4,386.76 2,800.00 26,110.39 26,520.23 11,438.25 3,150.31 9,926.99 6,500.00 -0- -0- 630.00 $239,515.56 50/50 distribution to each $119,757.78 Assests to Patrick J Kelly Marital residence: $105,159.90 IRA Patrick J. Kelly 4,110.66 Thrift Savings 6,709.56 Savings Bonds 6,500.00 Dauphin Deposit 3.150.31 Total Patrick J. Kelly $125,630.43 Less Patrick to give Beverly check a check for 5,872.69 Total Patrick J. Kelly $119,757.78 Assets to Beverlv Kell IRA - Franklin $ 4,193.32 IRA - Lord Abbett 9,010.15 PSECU 3,000.00 Rock Stockers Investment 4,386.76 Real Estate Group 2,800.00 Legg Mason Trust - Money Market 26,110.39 Legg Mason - U.S. Government Fund 26,520.23 First Federal Savings 11,438.25 PSECU Acct. 9,926,99 100 S hares Inter Digital 630.00 Legg Mason 15.869.00 Total to Beverly A. Kelly $113.885.09 Plus Patrick to give Beverly a check for 5,872.69 Total Beverly A. Kelly $119,757.78 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION BEVERLY A. KELLY V. PATRICK J. KELLY No. 2593 CIVIL 1993 In Divorce COURT ORDER ACCEPTABLE FOR PROCESSING AND NOW, this /0 ? day of y u? 199 „ based on the findings set forth below in items one through five, IT IS ORDERED, ADJUDGED AND DECREED in items six through fifteen: 1. The parties hereto were husband and wife, and a divorce action is in this Court at the above number. The marriage began on June 13, 1970 and terminated on March 15, 1995. 2. Patrick J. Kelly, the Employee, with date of birth March 21, 1944, Social Security Number 109-34-0370, is a participant in the civil service Retirement System ("CSRS") and will be eligible for retirement benefits under CSRS based on employment with the United States Government. 3. The current and last known mailing address of the Employee is 118 S. Ridge Road, Boiling Springs, Pennsylvania 17007. 4. Beverly A. Kelly, the Former Spouse, with date of birth October 5, 1948, Social Security Number 299-42-4338 hereinafter referred to as "Former Spouse", has raised claims for, inter alia, equitable distribution of marital property pursuant to State law. 5. The current and last known mailing address of Former Spouse is 447 Springhouse Lane, Harrisburg, Pennsylvania 17111. 1 EXHIBIT "B" 16. A portion of the Employee's gross retirement benefit in the CSRS is marital property subject to distribution by this Court. The United States Office of Personnel Management is directed to pay the Former Spouse's share as set forth in this Order directly to the Former Spouse. The portion of the Employee's monthly gross retirement benefit allocated to the Former Spouse is one thousand two hundred fifty dollars per month ($ 1,250.00). 8. The specified retirement benefit shall be payable to the Former Spouse and shall commence as soon as may be feasible administratively when the Employee's annuity begins. When a Cost of Living Adjustment (COLA) is applied to the Employee's retirement benefits, the same COLA applies to the Former Spouse's share. 9. (a) Under Section 8341(h)(1) of Title 5, U.S. Code, the Former Spouse is awarded a Former Spouse Survivor Annuity under the Civil Service Retirement System. (b) The amount of the Former Spouse Survivor Annuity will be equal to a prorata share. The benefits under the Former Spouse Annuity apply at the date of death of the Employee, whether such death occurs while an employee or while a retiree. The cost shall be provided by equal reductions of the Employee's and the Former Spouse's annuities. 10. The term of the regular monthly pension payments to the Former Spouse is for life during the life of the Employee after retirement, ending at the death of the Employee. If the Former Spouse dies before the Employee, then the Employee's entire annuity shall be restored after the death of the Former Spouse. 2 r /11. The CSRS shall issue individual tax forms to each recipient for amounts paid to each such person with employee contributions shared as a tax basis in proportion to the benefits awarded by this order. 12. The Former Spouse is only entitled to the specific benefits under the CSRS as provided herein. 13. If the Employee becomes eligible and applies for a refund of employee contributions, the Former Spouse is entitled to a prorata share of the refund of employee contributions. The United States Office of Personnel Management is directed to pay the Former Spouse's share directly to the former Spouse. 14. The CSRS shall notify the Former Spouse and legal representative when the Employee makes application for anv benefit payments or withdrawals from the CSRS. 15. The parties designate the following attorneys as representatives for receipt of copies of notices with respect to this Order: - for Employee - Anthony L. DeLuca, Esquire, 113 Front Street, P.O. Box 358, Boiling Springs, Pennsylvania 17007. - for Former Spouse - Joanne Harrison Clough, Esquire, 2201 N. Second Street, Harrisburg, Pennsylvania 17110. 3 IT IS INTENDED that this Order shall qualify as a Court Order Acceptable for Processing. The Court has considered the requirements and standard terminology provided in Part 838 of Title 5, Code of Federal Regulations. The terminology used in the provisions of this Order that concern benefits under the Civil Service Retirement System are governed by the standard conventions established in that Part. The Court retains jurisdiction to amend this order as might be necessary to establish or maintain its status. BY THE COURT: CONSENTED TO: Employee Former Spouse n 4 i F, r- n ?a?rrc CT. `f-r-e& . yyyy vs. /?C 1/Pr .4, At ?zjz 7 ?Pt'ddafk?-P In the Court of Common Pleas of Cumberland County, Pennsylvania No.Civil. 18.1°a.7 TO r ?(ct.sv C/ Prothonotary -1 Attorney for Plaintiff RLE0-OFFICE OF THE PROT?!CNOTt"?Y 2004 MAY -4 PM 2` 34 P[ r;ivaY?V?^',liA PATRICK J. KELLY, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. BEVERLY A. KELLY, Respondent NO. 02-4261 Civil Term ACCEPTANCE OF SERVICE I accept service of the Action for Declaratory Judgment on behalf of Beverly A. Kelly and ?eftify that I am aumorized to do so. Date Joanne 13. Clough, E: 2331 Market Street Camp Hill, PA 17011 C?a 1 Mm Curtis R. Long Prothonotary office of the protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n- --y" 1 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573