HomeMy WebLinkAbout02-4799
SAlOIS
SHUFF, FLOWER
& LINDSAY
AlTORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
JOHN J. PITMAN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 2002 . 'I79f CIVIL TERM
IN DIVORCE
Plaintiff
V5.
CAROL G. PITMAN,
Defendant
NOTICE
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 c1airn 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 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 at the Cumberland County Court House, Carlisle, Pennsylvania,
17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYSeAT'LAW
26 W. High Street
Carlisle. P A
JOHN J. PITMAN,
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 2002 - '-t'1lf'l CIVIL TERM
IN DIVORCE
Plaintiff
Y5.
CAROL G. PITMAN,
Defendant
COMPLAINT
JOHN J. PITMAN, Plaintiff, by his attorneys, SAlOIS, SHUFF, FLOWER &
LINDSAY, respectfully represents:
1. The Plaintiff is John J. Pitman, who currently resides at 205 Parker Street,
Carlisle, Cumberland County, Pennsylvania, where he has resided since November 20,
1999.
2. The Defendant is Carol G. Pitman, who currently resides at 686 Valley View
Drive, Boiling Springs, Cumberland County, Pennsylvania, where she has resided since
1975.
3. The Plaintiff and Defendant both have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of
this Complaint.
4. The Plaintiff and Defendant were married on May 27, 1966 in Athens,
Georgia.
5. That there have been no prior actions of divorce or for annulment between
the parties in this or in any other jurisdiction.
6. The Plaintiff avers that he is entitled to a divorce on the ground that the
marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c)
and/or (d) of the Divorce Code.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIURNEYS-AT-LAW
26 W. High Street
Carlisle. P A
7. Plaintiff has been advised of the availability of marriage counseling and of the
right to request that the Court require the parties to participate in marriage counseling,
and does not request counseling.
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
Date:
(Jit1A. 2- ~ ~~
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C,
Attorneys for Plaintiff
By:
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT'LAW
26 W. High Street
Carlisle, P A
VERIFICATION
I, the undersigned, hereby verify that the statements made herein 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.
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SAlOIS
SHUFF. FLOWER
& LINDSAY
ATIORNEYS.AT-LA.W
26 W. High Street
Carlisle, P A
JOHN J. PITMAN.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
VS.
: CIVIL ACTION. LAW
NO. 2002 - 4799 CIVIL TERM
CAROL G. PITMAN,
Defendant : IN DIVORCE
PETITION FOR ALIMONY PENDENTE LITE
Now comes JOHN J. PITMAN. by and through his counsel, SAIDIS, SHUFF,
FLOWER & LINDSAY, and petitions this Honorable Court as follows:
1. The parties hereto are husband and wife, having been joined in marriage
on May 27,1966.
2. The parties separated on or about November 20, 1999.
3. Petitioner is without the ability to earn income sufficient to meet his
reasonable needs and to pay attorney's fees.
WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente
lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable
attorney's fees.
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for Plaintiff
By:
Carol J. n
10#446 3
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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PETITIONER:
DOS:
AoDRESS:
PHONE:
ATTORNEY:
JOHN J. PITMAN
OfJ/05/42
SSN: 190-32-2857
205 PARKER STREET, CARLISLE, PA 17013
(717) 241-9758
CAROLJ. LINDSAY, ESQUIRE
How LONG?
PETITIONER'S EMPLOYMENT:
SINCE SEPTEMBER 2003
NET PAY:
JOB TITLE:
RETIRED
$3812.64
PER
MONTH
OTHER INCOME: (INCLUDE AMOUNT AND SOURCE)
RETIRED
NAVAL RESERVE RETIREMENT $1550.00 PER MONTH
DOS: 09/14/45
RESPONDENT: CAROL G. PITMAN
164-36-891 0
ADDRESS:
PHONE:
ATTORNEY:
SSN:
686 Valley View Drive Soiling Springs, PA 17007
258-1502
ROBERT S. LIBERMAN, ESQUIRE
How LONG?
RESPONDENT'S EMPLOYMENT:
PHARMERICA
@10YEARS
NET PAY: ESTIMATED @ $4,500.00
JOB TITLE:
PER
MONTH
OTHER INCOME: (INCLUDE AMOUNT AND SOURCE)
WHEN MARRIED:
DATE SEPARATED:
MAY27,1966 WHERE:
ATHENS
NOVEMBER 20, 1999
WHERE LAST LIVED TOGETHER: 686 VALLEY VIEW DR.
Soiling Springs, PA
FOR DRS INFORMATION ONLY
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JOHN J. PITMAN,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
CAROL G. PITMAN,
Defendant/Respondent
NO. 2002-4799 CIVIL TERM
IN DIVORCE
PACSES # 14210(j838
ORDER OF COURT
AND NOW, this 22,d day of October, 2004, upon consideration of the attached Petition for
Alimony Pendente Lite andlor counsel fees, it is hereby directed that the parties and their respective counsel
appear before R.J. Shaddav on December 7. 2004 at 10:30 A.M. for a conference, at 13 N. Hanover St.,
Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony
Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Retum, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910.11~
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
10-22-04 to:
< Petitioner
Respondent
Carol Lindsay, Esquire
Robert Lieberman, Esquire
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R. J. Shadday, Conference Officer r i
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Date of Order: October 22, 2004
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
CC361
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
JOHN J. PITMAN ) Docket Number 02-4799 CIVIL
Plaintiff )
vs. ) PACSES Case Number 142106838
CAROL G. PITMAN )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit on this 22ND DAY OF DECEMBER, 2004
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other
ALIMONY PENDENTE LITE
filed on SEPTEMBER 29, 2004 in the above captioned
matter is dismissed without prejudice due to:
THE PARTIES AGREEING NOT TO PURSUE THE MATTER THROUGH THE DOMESTIC RELATIONS
SECTION.
DRO: RJ Shadday
xc: plaintiff
defendant
Carol Lindsay, Esquire
Robert Lieberman, Esquire
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JUDGE
Service Type M
Form OE-505
Worker ID 21005
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT-LAW
26 W. High Street
Carlisle, PA
JOHN J. PITMAN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2002 . 47'99 CIVIL TERM
Plaintiff
vs.
CAROL G. PITMAN,
Defendant
IN DIVORCE
PETITION TO COMPEL DISCOVERY
NOW COMES John J. Pitman, by and through his counsel, Said is, Shuff, Flower
& Lindsay, and petitions this Honorable Court as follows:
1. The parties hereto are husband and wife having been joined in marriage on
May 27.1966 and having separated on or about November 20,1999.
2. A Complaint in Divorce was filed on October 2, 2002.
3. On October 3, 2002 the Plaintiff served upon Defendant a Request for
Production of Documents and a set of Interrogatories. A copy of the
document request and the interrogetories are attached hereto as Exhibit "A"
along with the October 3, 2002 letter of service.
4. Since October 3, 2002 the documents requl3sted have not been provided and
the interrogatories have not been answered.
5. Defendant retained counsel in the early part of 2003. Despite repeated
requests to counsel by telephone and by letter the discovery propounded has
not been provided.
6.
Substantial time has elapsed since the propounding of the discovery request
and Plaintiff requests that the discovery be completed, and, further, that
paragraphs 2 and 3 of the Request for Documents be amended to provide for
copies of all W2's, 1099's and federal income tax returns for 2001, 2002, 2003
and 2004.
"
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATI'ORNEYS.AT.LAW
26 W. High Street
Carlisle, PA
I
,
WHEREFORE, Plaintiff prays this Honorable Court to order the discovery
propounded provided with updates on tax and earnings information.
SAlOIS, SHUFF, FLOWER & LINDSAY
Attorneys for I'laintiff n
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By:
') '.
1./ 1,--\7~
Carol J. Linds~y, squire \
ID# 44693 I
26 West ~ Street
Carlisle, PA 17013
(7'17) 243-6222
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEVS.AT-LAW
26 W. High Street
Carlisle, PA
VERIFICATION
I, the undersigned, hereby verify that the statements made herein 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
21 Z-~I UJ/
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Carol J.. Lindsay
ID # 44693
26 West High St et
Carlisle, PA 17'013
(717) 243-6222
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SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
JOHN J. PITMAN,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2002 . 4799 CIVIL TERM
Plaintiff
vs.
CAROL G. PITMAN,
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER &
LINDSAY, Attorneys, hereby certify that I served the within Petition to Compel
Discovery this ::1. S day of F? bl1/l ({I}(j.., '005 by depositing same in
the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania,
addressed to:
Robert Lieberman
500 North Third Street, 12th Floor
P. O. Box 1004
Harrisburg, PA 17108-1004
SAlOIS, SHUFF, FLOWER & LINDSAY
Attorneys for Pla.intiff/)/~
I
I'
By: l (1t
Carol . L!indsay, Esquire
10# 4 693
26 W st High Street
Carrrsle, PA 17013
(717) 243-6222
AMES D. FLOWER
JOHN E. SLIKE
ROBERT C. SAlOIS
GEOFFREY S. SHUFF
JAMES D. FLOWER, JR.
CAROL J. LINDSAY
jOHNNA j. KOPECKY
KARL M. LEDEBOHM
JOSEPH L. HITCHINGS
THOMAS E. FLOWER
FORREST N. TROUTMAN, II
LAW OFFICES
SAIDIS, SHUFF, FLOWER & UNDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLlSLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510
EMAIL: attomey@ssfl-law.com
WEST SHORE OFFICE:
2109 MARKET STREET
CAMP HILL, P A 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
October 3,2002
Ms. Carol G. Pitman
686 Valley View Drive
Boiling Springs, PA 17007
Dear Ms. Pitman:
I represent John J. Pitman who, after two years of separation, believes the time
has come to conclude your divorce. To that end, I have filed a Complaint in Divorce
and I am providing you a certified copy for service. I tl1ink I have a fair idea of the
marital assets according to John, but there are some assets which are in your name
only and for that reason, I have provided the enclosed Request for Production of
Documents and Interrogatories so that we can value the assets prior to effecting a
division.
John's intention here is to be fair and he expects your intention is the same. I
understand that Teresa Male represented you at some time in the past. If she is still
representing you, please provide her a copy of these documents. If you choose other
counsel, please ask him or her to be in touch with me so that we can move this matter
to a speedy, fair and economical resolution.
Thank you very much for your help.
Very truly yours,
j."~AIDIS, SHUFF, FLOWER & LINDSAY, P.C.
f 'fill (
Carol {{lilj4
CJUtjb
Enclosures
cc: John J. Pitman
SAlOIS
SHUFF, FLOWER
& LINDSAY
AITORNEYS.AT-UW
26 W. High Street
CarHsJe, P A
JOHN J. PITMAN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002 -
Plaintiff
Y5.
CIVIL TERM
CAROL G. PITMAN,
Defendant
IN DIVORCE
REQUEST FOR PRODUCTION OF DOCUMENTS
TO: Carol G. Pitman
686 Valley View Drive
Boiling Springs, PA 17007
PLEASE TAKE NOTICE THAT pursuant to Pa.R.C.P. 4003.3 and 4009,
you are required to furnish at our office, on or before thirty (30) days after service
hereof, a photostatic copy or like reproduction of the materials concerning this action or
its subject matter which are in your possession, custody or control and which are not
protected by the attorney/client privilege; or, in the alternative, produce the said matter
at said time to permit inspection and copying thereof:
1, A copy of your most recent pay stub.
2. A copy of your W-2 form and any 1099 forms you received
for 2001.
3. A copy of your 2001 Federal Income Tax Return as filed.
4.
A copy of your most recent statement for any pension plan,
401 (k) plan or any other retirement plan which you may
have with your present employer or any former employer.
5.
Copies of documents outlining your entitlement to stock
options and the number of stock options and the number of
shares of stock for which you have options along with a
schedule for exercise of the options and the option price.
6. Copies of statements for any bank account in any banking
or investment account in which you had an interest
.'\
individually or with any other person as of November 20,
1999 and the present.
7. Copies of documentation for the cash value of any life
insurance policy in which you have an interest. ./
8. A copy of the most recent statement you have for any
individual retirement account which is in your name, and
also a statement for the same account on November 20,
1999.
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys f()r Plaintiff
BY:~~
C:3rol\J. Lindsay, squire
1~693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SAlOIS
SHUFF, FLOWER
& LINDSAY
A'ITORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
Fll[ COPy
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOHN J. PITMAN,
vs.
: CIVIL ACTION. LAW
: NO. 2002. 47~99 CIVIL TERM
CAROL G. PITMAN,
Defendant : IN DIVORCE
FIRST SET OF
INTERROGATORIES OF PLAINTIFF
ADDRESSED TO DEFENDANT
TO: Carol G. Pitman
686 Valley View Drive
Boiling Springs, PA 17007
YOU ARE HEREBY NOTIFIED that you are required, pursuant to Pennsylvania
Rule of Civil Procedure No. 4005, to serve upon the undersigned, within thirty (30) days,
~
after service of this Notice, your Answers in writing under oath to the following
Interrogatories. These Interrogatories shall be deemed to be continuing and if, between
the time of your Answers and the time of trial in this case, you, or any acting on your
behalf, learn of any further information not contained in these Answers, you shall promptly
furnish that information to the undersigned by Supplemental Answers.
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plainti'ff
"
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOHN J. PITMAN,
V5.
CIVIL ACTION. tAW
: NO. 2002 - CIVIL TERM
CAROL G. PITMAN,
Defendant : IN DIVORCE
FIRST SET OF JOHN J. PITMAN, PLAINTIFF
INTERROGATORIES ADDRESSED TO
CAROL J. PITMAN, DEFENDANT
Plaintiff, JOHN J. PITMAN, propounds the following Interrogatories to Defendant,
CAROL J. PITMAN, which must be answered within thirty (30) days of service hereof.
1. If you are living separate and apart from your spouse, please state what you
consider to be the date of separation.
ANSWER:
'J
2. Are you presently employed? (Full and part-time employment included)
ANSWER:
A. If your Answer is in the affirmative, st~,te fully for each employment:
1. The full name, address and telephone number of your
place of employment;
2. The date you commenced your employment;
3. Your job title or position.
ANSWER:
1.
2.
3.
B. Do you have any written or oral employment contracts with your
present employer?
ANSWER:
3. Does the business or individual or other entity owe you any money, whether
resulting from loan, undistributed profit, dividend or other form of credit, to which
you are now entitled or will be entitled in the future?
ANSWER:
4. Are you the owner, individually or with others, or any interest in any securities, or in
any mutual fund, including but not limited to, stock funds, money market funds,
bonds, municipal bond funds, gold funds, etc.? If so, please list the names of said
securities or funds.
ANSWER:
5. Do you own, individually or jointly with another, any certificates of deposit, treasury
notes, or other depository receipt of any kind?
ANSWER:
6. Do you now or have you at any time since the date of marriage, maintained or had
access to a safe deposit box? If so, please detail the contents at the time opened,
and the date of separation? 11
ANSWER:
7. Since the date of marriage, have there been accounts at a savings or commercial
banking institution, brokerage firm, or any other type of financial institution, on
which your name did not appear but in which YOLl deposited any funds? If so,
please designate by account number and name of financial institution, and indicate
the name(s) under which the account is listed.
ANSWER:
8. State whether you have during the past three years made any gift to any person
other than your spouse, in cash or in kind, having a value of $500.00 or greater.
ANSWER:
9.
A.
If you have any interest in any qualified or unqualified deferred
compensation arrangement or retirement pro9ram, including, but not limited
to, IRA, Keogh Plan, 401(K) Plan, Savings Plan, annuity benefits, retirement
plan, pension plan, profit-sharing plan, stock bonus plan, stock option plan,
or thrift plan (excluding social security benefits) with your present employer,
or any previous employer, please designate and indicate the name and type
of the retirement plan:
B. Have you elected to receive or have you received proceeds from any
retirement benefit plan(s) as set forth in 11 (A) above in the period of
six months prior to the date of separation, to the present?
ANSWER:
"
10. Have you filed a financial statement or loan application with any lending or credit
institution during the past five years? If so, please name the lending or credit
institution, and attach all such financial statements or loan applications to your
Answers to these Interrogatories, and state the amount, term(s) and purpose(s) of
such loan(s).
ANSWER:
11. List all outstanding debts which you are obligated to pay, having a balance in
excess of $300.00 for each debt.
ANSWER:
12. Please estimate the current market value of your household contents including, but
not limited to, furnishings, personal effects or other personal property (excluding
jewelry).
ANSWER:
13. Do you have an ownership in any furs, gold, diamonds or other precious gems or
metals or jewelry, having a value of $300.00 or more for each item? If so, please
describe each item and state its current market value.
ANSWER:
14. Do you receive, or have you received, during the past three (3) years, any gifts,
contributions, gratuities, benefits, services, fringe benefits or perquisites from any
source, business or otherwise, including family members, for any of the following
expenses? Detail the source, the dates and amounts of payments or goods or
services and the purpose of the payment or goods or services:
A. Living accommodations, including utilities and related
expenses;
B. Food, household products and sundries;
C. Clothing;
D. Recreation and entertainment (e.g., club memberships, dues, etc.);
E. Vacation or travel;
F. Education;
G. Automobile or other vehicle;
H. Expense account or reimbursement;
I. Company credit cards;
J. Use of company facilities (boat, cottage, condominium, etc.);
K. Company loans and salary or advance account;
L. Company product discounts;
M. Life, health, disability or automobile insurance; or
N. Other (specify).
ANSWER:
15. Do you own or have any interest in any property (real or personal, including
cash), contract right, patent, chose in action, or expectancy of any kind, including
an interest or right titled or held in the name of another, not previously identified in
your Answers to the preceding Interrogatories? If so, describe in detail the
property, contract right, patent, chose in action, or expectancy, and state:
A. The identity of the person you share such interest with;
B. The date you acquired your interest;
C. The value at acquisition;
D. Present value and how determined.
ANSWER:
16. Have you ever received any monies as the result of an Inheritance or the death of
another person? State the amount of money received, the date on which it was
received, and the name of the estate from whom you received the money.
ANSWER:
17. Please refer to Schedule A (attached hereto) Do you now, or did you at any time
within three years before your separation, have any interest in any of the items
listed on Schedule A? If so, please so designate by placing an "x" in the
;parentheses provided next to the items andor each designated item on Schedule
A; please provide the information requested on Schedule A immediately below the
designated items. Please answer on attached Schedule A.
n
SAlOIS, SHUFF, FLOWER & LINDSAY
Attorneys for Plaintiff
By:
Carol J. Lindsay, Esquire
10 # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
SCHEDULE A
EXPLANATION OF TERMS:
Date of Acquisition: The date the item was acquired. Please be as specific as possible.
Value of Acquisition: The purchase price or value of the item which it was acquired.
Separation Value:
The value of the times as of the date you can determine to be
the date of separation.
Current Value:
The current and/or present value of the time as of the date of
answering these Interrogatories.
()
A.
STOCK OPTIONS
1. Please state the name of the grantor and a description of the
option, including the date of acquisition and option price.
a)
b)
c)
d)
e)
2. Current value of stock.
a)
b)
c)
d)
e)
()
B.
FINANCIAL INSTITUTIONS, CHECKINC; ACCOUNTS,
SAVINGS ACCOUNTS, ETC.
1. Please state the name of the financial institutions, and
addresses thereof, as well as your account number, and the
current balance.
a)
b)
c)
d)
e)
2. Balance of account at the date of separation.
a)
b)
c)
d)
e)
()
C.
LIFE INSURANCE POLICIES
1. Name and address of insurance company and type of policy
(ordinary life, term, annuity, etc.) and identifying number.
a)
b)
c)
d)
e)
2. Face value, and current cash surrender value:
a)
b)
c)
d)
e)
3. Indicate loans against each policy, Including date, amount,
and purpose of loan.
a)
b)
c)
d)
e)
4. Name of owner and name of insured.
a)
b)
c)
d)
e)
5. Name, address and relationship, if any, of beneficiary.
a)
b)
c)
d)
e)
6. Annual premium.
a)
b)
c)
d)
e)
7. Has your interest in any insurance policy been canceled,
allowed to lapse, liquidated or otherwise been terminated in
the last five years?
ANSWER:
8. Designate any change or transfer of beneficiary designation as to any policy
listed in (F) above, over the past five years.
ANSWER:
VERIFICATION
I, the undersigned, hereby verify that the statements made herein 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.
Carol G. Pitman
Date:
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
JOHN J. PITMAN,
Plaintiff
VS.
CAROL G. PITMAN,
I
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MAR 0 3 ZOOS,^ {\,
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2002 - 4799 CIVIL TERM
Defendant : IN DIVORCE
AND NOW, this
ORDER OF COURT
10 >
day of yY)~
, 2005, upon
consideration of the within Petition a Rule is issued upon the Respondent to
Show Cause why the discovery requested, updated through the end of 2004
should not be provided. Rule returnable "z--o days from the date of service
hereof.
Byth, COO"'/? J..
J.
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JOHN J. PITMAN,
PLAINTIFF
: IN THE COURT OF COMMON PL AS OF
: CUMBERLAND COUNTY, PENNS LVANIA
: CIVIL ACTION - LAW
: NO. 2002 . 4799 CIVIL TERM
VS.
CAROL G. PITMAN,
DEFENDANT : IN DIVORCE
ATTORNEY'S ACCEPTANCE OF SERVICE
I, Robert Lieberman, Esquire, attomey for Defendant, Carol G. Pi an, in the
above captioned action, hereby accept service of the Divorce Complaint i the above
action this il day of O~", zoot on Defendant's behalf and hereby
acknowledge that I am authorized to do so.
ATTORNEY FOR DEFENDANT
By:
,~~~
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ROBERT liEBERMAN
500 NORTH THIRD STREET, 1 H FLOOR
P. O. Box 1004
HARRISBURG, PA 17108-100
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SAIDIS
SHUFF, FLOWER
& LINDSAY
A1TQRNEYS-AT-LAW
26 W. High Street
Carlisle, P A
II
JOHN J. PITMAN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V5.
CIVIL ACTION - LAW
NO. 2002 - 4799 CIVIL TERM
CAROL G. PITMAN,
Defendant
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
John J. Pitman, Petitioner, moves the court to appoint a master with respect to the following claims:
(X)
( )
( )
( )
( X)
( )
( )
( )
Distribution of Property (Equitable Distribution)
Support
Counsel Fees
Costs and Expenses
Divorce
Annulment
Alimony
Alimony Pendente Lite
and in support of the motion states:
Discovery is complete as to the claim(s) for which the appointment of a master is
(1)
requested.
(2) The Defendant, Carol G. Pitman appeared in the action and is represented by counsel,
Robert B. Lieberman, Esquire.
(3) The statutory ground(s) for divorce is 3301 (c) and/or (d)
(4) Delete the inapplicable paragraph(s).
(a) The action is not contested.
(b) An agreement has been reached with respect to the following claims:
None.
(c) The action is contested with respect to the following claims: ALL
The action complex issues of law or fact.
The hearing is expected to take one (1) day.
Additional information, if any, relevant to the~' n:
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(5)
(6)
(7)
Date:
Carol J. Lindsay, Atto
10 # 44693
26 W. High 5t. <
Carlise, PA 17013
ORDER APPOINTING MASTER
AND NOW, this
day of ,
, Esquire, is appointed master with respect to the
2005,
following claims:
( X )Divorce
( X ) Distribution of Property (Equitable Distribution)
By the Court,
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SAlOIS
SHUFF, FLOWER
& LINDSAY
AlTORNEYS.AT.LAW
26 W. High Street
Carlisle, PA
JOHN J. PITMAN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
CIVIL ACTION - LAW
NO. 2002 - 4799 CIVIL TERM
CAROL G. PITMAN,
Defendant
IN DIVORCE
NOTICE
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 the 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 at the Cumberland County Court House, Carlisle, Pennsylvania,
17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLlSLE, PENNSYLVANIA 17013
(717) 249-3166
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
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Car say, squire
ID# 4693
'.J6--West High Street
Carlisle, PA 17013
(717) 243-6222
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEVS.AT-LAW
26 W. High Street
Carlisle, PA
JOHN J. PITMAN,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V5.
: CIVIL ACTION - LAW
: NO. 2002 -
CIVIL TERM
CAROL G. PITMAN,
Defendant : IN DIVORCE
AMENDED COMPLAINT IN DIVORCE
JOHN J. PITMAN, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER &
LINDSAY, respectfully represents:
1. The Plaintiff is John J. Pitman, who currently resides at 205 Parker Street,
Carlisle, Cumberland County, Pennsylvania, where he has reSided since November 20,
1999.
2. The Defendant is Carol G. Pitman, whose last know address is 1446 E.
Windjammer Place, Valrico, Florida 33594, where she has resided since April 2005.
3. The Plaintiff and Defendant both have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of
this Complaint.
4. The Plaintiff and Defendant were married on May 27, 1966 in Athens,
Georgia.
5. That there have been no prior actions of divorce or for annulment between
the parties in this or in any other jurisdiction.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT-LAW
26 W. High Street
Carlisle, P A
6. The Plaintiff avers that he is entitled to a divorce on the ground that the
marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c)
and/or (d) of the Divorce Code.
7. Plaintiff has been advised of the availability of marriage counseling and of the
right to request that the Court require the parties to participate in marriage counseling,
and does not request counseling.
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
COUNT II - EQUITABLE DISTRIBUTION
8. The averments of Paragraph 1 through 7 are incorporated herein by
reference as though set out in full.
9. The parties have, during their marriage, acquired certain property, both
personal and real.
WHEREFORE, Plaintiff prays this Honorable Court to equitably divide the
parties' property.
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
Carol J. Linds y,
ID # 44693
26 West Hig, Street
Carlisle, PA 17013
(717) 243-6222
Date:
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SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT-LAW
26 W. High Street
Carlisle, P ^
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. c.s. 9 4904, relating to unsworn falsification to authorities.
Date: K/ la)o<;
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JOHN J. PITMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 02 - 4799 CIVIL
CAROL G. PITMAN,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this ~ day of _
2006, the economic claims raised in the proceedings having been
resolved in accordance with a property settlement and
separation agreement dated February 27, 2006, the appointment
of the Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final decree
in divorce.
BY THE CO(~
cc: ,.-Carol J. Lindsay
Attorney for Plaintiff
)Robert B. Lieberman
Attorney for Defendant
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JOHN J. PITMAN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION.. LAW
NO. 2002 - 4799 CIVIL TERM
CAROL G. PITMAN,
Defendant
IN DIVORCE
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this ,.9, '7 day of -hbrlJ_flLtJ. , 200$
between JOHN J. PITMAN, of 205 Parker Street, Apartment 4, Carlisle, Cumberland
County, Pennsylvania, hereinafter referred to as Husband, and CAROL G. PITMAN, of
1446 Windjammer Place, Val Rico, Florida, hereinafter referred to as Wife.
RECITALS:
R.1: The parties hereto are husband and wife, having been joined in marriage on
May 27, 1966 in Athens, Georgia and
R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Commonwealth of Pennsylvania, to Number 2002-4799, Civil Term;
and
R.3: The parties hereto desire to settle fully and finally their respective financial
and property rights and obligations including, but not limited, of all matters between them
relating to the ownership of real and personal property, claims for spousal support,
alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all
claims and possible claims against the other or against their respective estates.
NOW THEREFORE, in consideration of the covenants and promises hereinafter to
be mutually kept and performed by each party, as well as for other good and valuable
1
--1
;.
consideration and intending to be legally bound, it is agreed as follows:
(1) SEPARATION: It shall be lalNful for each party at all times hereafter to
live separate and apart from the other party at such place or places as he or she from
time to time may choose or deem fit, free from any control, restraint or interference from
the other. Neither party will molest the other or endeavor to compel the other to cohabit or
dwell with him or her by any legal or other proceeding. Each party shall be free of the
interference, authority or contact by the other as if he or she was single and unmarried
except as maybe necessary to carry out the terms of this agreement.
(2) DIVORCE: The parties acknowledge that the marriage is irretrievably
broken and that they will secure a mutual consent no-fault divorce decree in the above-
captioned divorce action. On the same day as the execution of this agreement, the
parties shall execute and file an Affidavit of Consent and Waiver of Notice, necessary to
finalize the divorce.
(3) REAL PROPERTY: The parties were the owners of a house at 686 Valley
View Drive, Boiling Springs, Cumberland County, Pennsylvania. The house was
encumbered by a mortgage and a home equity line of credit. The parties have sold the
house and equally divided the proceeds.
(4) DEBT:
A. MARITAL DEBT: Husband and Wife acknowledge and agree that there is
no outstanding debt and obligation which is marital or for which the other might be liable
incurred prior to the signing of this Agreement.
B: Post Separation Debt: In the event that either party contracted or incurred
any debt since the date of separation on November 20,1999, the party who incurred said
2
debt shall be responsible for the payment thereof regardless of the name in which the
debt may have been incurred.
C: Future Debt: From the date of this agreement neither party shall contract
or incur any debt or liability for which the other party or his or her property or estate might
be responsible and shall indemnify and save the other party harmless from any and all
claims or demands made against him or her by reason of debts or obligations incurred by
the other party
(5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he
or she may have to any and all motor vehicles currently in possession of the other party.
Each party shall assume full responsibility of any encumbrance on the motor vehicle
received by said party, and shall hold harmless and indemnify the other party from any
loss thereon. Husband has retained the 1973 Porsche and 1982 BMW motorcycle. Wife
has retained the 1994 Ford Taurus.
(6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree
that they have effected a satisfactory division of the furniture, household furnishings,
appliances, tools and other household personal property between them, and they
mutually agree that each party shall from and after the date hereof be the sole and
separate owner of all such property presently in his or her possession whether said
property was heretofore owned jointly or individually by the parties hereto. This
agreement shall have the effect of an assignment or bill of sale from each party to the
other for such property as may be in the individual possession of each of the parties
hereto.
(7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes
3
any right, title or interest he or she may have in or to any intangible personal property
currently titled in the name of or in the possession of the other party, including, but not
limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts,
employment benefits including retirement accounts, savings plans, pension plans, stock
plans, 401 K plans and the like. Nevertheless, Husband acknowledges that he will
transfer to wife Two Hundred Six Thousand and 00/100 Dollars ($206,000.00) against the
value of his CSRS pension. The transfer shall be made by a Domestic Relations Order
prepared by Harry Leister. The parties anticipate that Mr. Leister will draft the Order to set
the percentage of Husband's CSRS pension value represented by Two Hundred Six
Thousand and 00/100 Dollars ($206,000.00) and that such Order will call for the payment
to Wife of a percentage of Husband's CSRS pension on a monthly basis. The parties
acknowledge that the preparation of the DRO and the action on the DRO by the Civil
Service Retirement System may require several months. The parties will promptly submit
to Mr. Leister the request to prepare the DRO and, as soon as Husband is made aware of
the monthly amount of the DRO, he will pay Wife directly that amount for each month
commencing December 1, 2005 and continuing until the Civil Service Retirement System
makes the payment to Wife directly. Because the payments made to Wife prior to direct
payment shall be made out of post-tax pension payments, the parties will treat each
payment as alimony, deductible by Husband in the year in which paid and reportable as
income by Wife in the year in which received. Said alimony shall terminate as soon as
the CSRS system directly pays Wife her share of Husband's pension.
Husband shall retain his accounts with the Navy Federal Credit Union. Wife will
retain her checking and savings accounts with Sovereign Bank (formerly Waypoint) and
4
.
with M& T Bank. The parties shall cooperate to close the joint Members 1 sl Federal Credit
Union account(s) and the Navy Federal Credit Union account. Husband shall receive any
balances remaining therein.
Husband will retain his IRA with lNG, his thrift savings plan, any increase in value
In his thrift savings plan, the balance of his CSRS pension and his Naval Reserve
retirement.
Wife shall retain her Pharmerica 401 (k) plan through Merrill Lynch, any increase in
value on that account, her Janey Montgomery Scott IRA, her New York Life IRA, the
survivor annuity for the CSRS pension, (which survivor annuity shall be specifically set out
in the Domestic Relations Order to be prepared by Mr. Leister) and a Navy Reserve
Retirement survivor benefit. In order to secure Wife's interest in the Navy Reserve
Retirement benefit, the parties shall request Mr. Leister to prepare any necessary
Domestic Relations Order.
Wife will retain her ING life insurance policy along with its cash value and Husband
will retain his New York life insurance policy along with its cash value. Wife will also retain
her Computershare account and her Janey Montgomery Scott investment account.
Husband will transfer to Wife Ten Thousand and 00/00 Dollars ($10,000.00) as a rollover
from an IRA into an IRA to Wife. Said transfer will be without tax consequences to either
party.
Husband shall sign any documents required to provide to Wife any right she may
have to military benefits, including but not limited to, medical and prescription benefits and
commissary use.
(8) WAIVER OF ALIMONY: The parties acknowledge that each has income
5
and assets satisfactory to his and her own reasonable needs. Each party waives any
claim he or she may have one against the other for alimony, spousal support or alimony
and alimony pendente lite.
(9) COSTS: The parties agree to equally share the costs incurred in the
valuation of the pensions and the preparation of the Domestic Relations Orders. As of
the date of this Agreement, the parties have incurred costs for pension evaluations.
Within thirty (30) days of this Agreement, Wife will reimburse Husband one-half of that
amount or, in the alternative, Husband may reduce the $10,000.00 IRA transfer to Wife
set out in paragraph 7 above by the amount owed by Wife for costs.
Upon receipt from Mr. Leister of a statement for services for preparation of the
Domestic Relations Orders, Wife shall pay one-half and Husband will pay one-half.
(10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has
been notified of his or her right to consult with counsel of his or her choice, and have been
provided a copy of this agreement with which to consult with counsel, Husband is
represented by Carol J. Lindsay, Esquire and Wife is represented by Robert B.
Leiberman, Esquire, has been advised that he or she may be represented by counsel of
choice. Each party acknowledges and accepts that this agreement is, under the
circumstances, fair and equitable, and that it is being entered into freely and voluntarily
after having received such advice and with such knowledge as each has sought from
counsel, and the execution of this agreement is not the result of any duress or undue
influence, and that it is not the result of any improper or illegal agreement or agreements.
Each party shall pay his or her own attorney for all legal services rendered or to be
rendered on his or her behalf.
6
.
(11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time,
at the request of the other, execute, acknowledge and deliver to the other party any and
all further instruments that may be reasonably required to give full force and effect to the
provisions of this Agreement.
(12) INCOME TAX: The parties have heretofore filed joint Federal and State
Tax returns. Both parties agree that in the event any deficiency in Federal, state or local
income tax is proposed, or assessment of any such tax is made against either of them,
each will indemnify and hold harmless the other from and against any loss or liability for
any such tax deficiency or assessment and any interest, penalty and expense incurred in
connection therewith. Such tax, interest, penalty or expense shall be paid solely and
entirely by the individual who is finally determined to be the cause of the
misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns.
(13) BANKRUPTCY: The parties hereby agree that the provisions of this
Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any
and all obligations contained herein. In the event a party files such bankruptcy and
pursuant thereto obtains a discharge of any obligations assumed hereunder, the other
party shall have the right to declare this Agreement to be null and void and to terminate
this Agreement in which event the division of the parties' marital assets and all other
rights determined by this Agreement including alimony shall be subject to court
determination the same as if this Agreement had never been entered into.
(14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent,
acknowledge and agree that each is fully and completely informed of, and is familiar with,
7
the wealth, real and personal property, estate and assets, earnings and income of the
other and has made any inquiry he or she desires into the income or estate of the other
and received any such information requested. Each has made a full and complete
disclosure to the other of his and her entire assets, liabilities, income and expenses and
any further enumeration or statement thereof in this Agreement is specifically waived.
(15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that
each of them has read and understand his and her rights and responsibilities under this
Agreement and that they have executed this Agreement under no compulsion to do so
but as a voluntary act.
(16) FULL SETTLEMENT: Except as herein otherwise provided, each party
hereby releases the other from any and all claims, or demands up to the date of
execution hereof. It is further specifically understood and agreed by and between the
parties hereto that each party accepts the provisions herein made in lieu of and in full
settlement and satisfaction of any and all of said party's rights against the other for past,
present and future claims on account of support, maintenance, alimony, alimony
pendente lite, counsel fees, costs and expenses, equitable distribution of marital property
and any other claims of the party, including all claims which have been raised or may be
raised in an action for divorce.
(17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically
provided in this Agreement, Husband and Wife, for themselves, their heirs,
representatives and assigns, each hereby forever releases, remises, discharges and
quitclaims the other, and such other's heirs, representatives, assigns and estate, from
and with respect to the following:
8
'I'
A All liability, claims, causes of action, damages, costs, contributions
and expenses or demands whatsoever in law or in equity;
B. All rights, title, interest or claims in or to any property of the other,
whether real, personal or mixed and whether now owned or hereafter acquired;
C. All rights of courtesy and dower and all claims or rights in the nature
of courtesy and dower;
D. All widow or widower's rights;
E. All right, title, interest or claim in or to the other's estate, whether now
owned or hereafter acquired, including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance;
and
(4) all other rights or authority to participate or intervene in a
deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or
any other country, territory, state or political subdivision.
F. All rights or claims to any accounting;
G. All rights, claims, demands, liabilities and obli[)ations arising out of or
in connection with the marital relationship or the joint ownership of property, whether real,
personal or mixed;
H. All rights, claims, demands, liabilities and obligations arising under
the provisions of the Pennsylvania Divorce Code, as the same may be amended from
time to time, and under the provisions of any similar statute enacted by any other country,
9
state, territory or political subdivision;
I. All rights, claims, demands, liabilities and obligations each party now has,
or may hereafter have, against or with respect to the other.
(18) GOVERNING LAW: This Agreement shall be construed under the law of
the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to
be invalid or unenforceable, all other provisions shall continue in full force and effect.
(19) INCORPORATION INTO DECREE: In the event that either of the parties
shall recover a final judgment or decree of absolute divorce against the other in a court of
competent jurisdiction, the provisions of this Agreement may be incorporated by
reference or in substance but shall not be merged into such judgment or decree and this
Agreement shall survive any such final judgment or decree of absolute divorce and shall
be entirely independent thereof.
(20) BREACH: In the event that either party breaches any provision of this
Agreement, he or she shall be responsible for any and all costs incurred to enforce the
Agreement, including, but not limited to, court cost and counsel fees of the other party. In
the event of breach, the other party shall have the right, at his or her election; to sue for
damages for such breach or to seek such other and additional remedies as may be
available to him or her.
(21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire
understanding between the parties and there are no covenants, conditions,
representations, or agreements, oral or written, of any nature whatsoever. other than
those herein contained.
10
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(22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall
bind the parties hereto, their respective heirs, executors and assigns.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound have
hereunto set their hands and seals the day and year first written above.
WITNESS:
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Jo J. Pitm
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Gfi,OuY J t;;O-AJ
Carol G. Pitma
11
SAID IS
SHUFF, FLOWER
& LINDSAY
ATJ"ORNEYSoAToLAW
26 W. High Street
Carlisle. P A
"
JOHN J. PITMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2002 - 4799 CIVIL TERM
v.
CAROL G. PITMAN,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 9 3301 (c) of the Divorce Code was filed on October
2, 2002.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of
intention to request entry of the Decree.
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
Date: '1! 0/0 (, \).p ~....-
~tman
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER6 3301 (e) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. 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.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
Date: '1/u { (')( a
~~4__
Jo n . Pitma ,
Q
)
-;:.1
JOHN J. PITMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LA W
: NO. 2002-4799 CIVIL TERM
CAROL G. PITMAN,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 2, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice of
Intention to Request Entry of the Decree.
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. ~4904 relating to unsworn
falsification to authorities.
DATED: ~ / '2~ !tt,
~~G~
Carol G. Pitman,
Defendant
.
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JOHN J. PITMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LA W
: NO. 2002-4799 CIVIL TERM
CAROL G. PITMAN,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without notice.
2. 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.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary .
I verify that the statements made in this Waiver of Notice are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904
relating to unsworn falsification to authorities.
DATED: 0/::1';;' jtJto
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Defendant
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SAlOIS,
FI..OWER &
LINDSAY
~'IAW
26 West High Street
Carlisle, PA
JOHN J. PITMAN,.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2002 - 4799 CIVIL TERM
v.
CAROL G. PITMAN,
Defendant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Kindly transmit the record, together with the following information, to the Court for
entry of a Decree in Divorce:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the
Divorce Code.
2. Date and manner of service of the Complaint: Defendant's counsel
accepted service of the Complaint on October 18, 2002. Proof of service was filed with the
Court on March 29, 2005.
3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce
Code was executed:
By Plaintiff: July 6,2006 and filed with Prothonotary on July 7,2006.
By Defendant: June 22, 2006 and filed with Prothonotary on July 7,
2006.
4. Related claims pending: The terms of the Property Settlement and
Separation Agreement dated February 27, 2006 are incorporated, but not merged, into the
Decree in Divorce.
5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was filed
with the Prothonotary:
By Plaintiff: July 6, 2006 and filed with Prothonotary on July 7, 2006.
By Defendant: June 22, 2006 and filed with Prothonotary on July 7,
2006.
SAIDIS, SHUFF, FLOWER & LINDSAY
..
SAIDIS7
FLOWER &
LINDSAY
Ja1~EYS'~J'olAW
26 West High Street
Carlisle, PA
"
CERTIFICATE OF SERVICE
I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY,
hereby certify that on this date a copy of the attached document was served on the following
individual, via first class mail, postage prepaid, addressed as follows:
Robert B. Lieberman, Esquire
500 North Third Street, 12th Floor
P. O. Box 1004
Harrisburg, PA 17108-1004
SAlOIS, SHUFF, FLOWER & LINDSAY
Dated: July 7,2006
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IN THE COURT OF COMMON PLEAS
.
OFCUMBERLANDCOUNTY
.
.
PENNA.
STATE OF
JOHN J. PITMAN
.
No.
2002-4799
VERSUS
CAROL G. PITMAN
.
.
DECREE IN
DIVORCE
.
.
.
.
.
.
.
.
AND NOW, 1~
JOHN J. PITMAN
II"
, 'UOOc... , IT IS ORDERED AND
DECREED THAT
, PLAINTIFF,
.
AND
CAROL G. PITMAN
, DEFENDANT,
.
.
.
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
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;
The terms of the Separation and Property Settlement Agreement dated February 27,
.
2006 are incorporated, but not merged, into this Decree in Divorce.
.
.
.
BY THE
.
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PROTHONOTARY
J.
.
.
.
.
.
.......
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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...
JOHN J. PITMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
: NO. 2002-4799 CIVIL TERM
CAROL G. PITMAN,
Defendant
: IN DIVORCE
MOTION TO ENTER
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this ~ ~ day of
~
, 2006, comes Plaintiff,
JOHN J. PITMAN, by and through his attorney, CAROL J. LINDSAY, ESQUIRE and
Defendant, CAROL G. PITMAN, by and through her attorney, ROBERT B. LIEBERMAN,
ESQUIRE, and respectfully represent as follows:
1. JOHN J. PITMAN is the Plaintiff in the above captioned divorce action
represented by CAROL J. LINDSAY, ESQUIRE.
2. CAROL G. PITMAN is the Defendant in the above captioned divorce action
represented by ROBERT B. LIEBERMAN, ESQUIRE.
3. Plaintiff and Defendant entered into a Property Settlement and Separation
Agreement under date of February 27, 2006 which Agreement provides for the
division of Defendant's Military Retirement Pension pursuant to a Qualified
Domestic Relations Order.
4. The Qualified Domestic Relations Order has been executed by both Plaintiff and
Defendant.
,.. '
. ..
5. In order for the Qualified Domestic Relations Order to be implemented by the
appropriate authorities, it is required that the Order be entered by this Honorable
Court.
WHEREFORE, Plaintiff, JOHN J. PITMAN and Defendant, CAROL G. PITMAN
respectfully requests this Honorable Court to enter the Qualified Domestic Relations Order as
attached hereto.
~k,
Robert B. Lieberman, Esquire
500 North Third Street, 12th Floor
Harrisburg, PA 17101
(717) 236-1485
Attorney for Defendant
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JOHN 1. PITMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 2002-4799 CIVIL TERM
CAROL G. PITMAN,
Defendant
: IN DIVORCE
MOTION TO ENTER
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this :;.., day of
~
,2006, comes Plaintiff,
JOHN J. PITMAN, by and through his attorney, CAROL 1. LINDSA Y, ESQUIRE and
Defendant, CAROL G. PITMAN, by and through her attorney, ROBERT B. LIEBERMAN,
ESQUIRE, and respectfully represent as follows:
1. JOHN J. PITMAN is the Plaintiff in the above captioned divorce action
represented by CAROL J. LINDSAY, ESQUIRE.
2. CAROL G. PITMAN is the Defendant in the above captioned divorce action
represented by ROBERT B. LIEBERMAN, ESQUIRE.
3. Plaintiff and Defendant entered into a Property Settlement and Separation
Agreement under date of February 27, 2006 which Agreement provides for the
division of Defendant's Civil Service Retirement Pension pursuant to a Qualified
Domestic Relations Order.
4. The Qualified Domestic Relations Order has been executed by both Plaintiff and
Defendant.
..
,..
5. In order for the Qualified Domestic Relations Order to be implemented by the
appropriate authorities, it is required that the Order be entered by this Honorable
Court.
WHEREFORE, Plaintiff, JOHN J. PITMAN and Defendant, CAROL G. PITMAN
respectfully requests this Honorable Court to enter the Qualified Domestic Relations Order as
attached hereto.
Respectfully submitted,
Respectfully submitted,
L~uf- ~,
) ~ieberman, Esquire
500 North Third Street, 12th Floor
Harrisburg, P A 17101
(717) 236-1485
Attorney for Defendant
Carol J. Linds y, lts uire
SAIDIS, FLO R LINDSAY
26 West High et
Carlisle, P A 17013
(717) 243-6222
Attorney for Plaintiff
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BY: ~v
JohnJ. Pitman
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
Carol G. Pitman
Defendant
NO. 2002-4799
DOMESTIC RELATIONS ORDER
1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the
Alternate Payee's right to receive a portion ofthe benefits payable with respect to the Participant.
It is intended to constitute a Qualifying Court Order under the Uniformed Services Former
Spouse's Protection Act, 10 U.S.C. Section 1408 and following.
2. This DRO is entered pursuant to authority granted under the applicable domestic
relations laws of the State of Pennsylvania.
3. This DRO applies to the Military Retirement System ("Plan") and any successor
thereto. John J. Pitman ("Participant") is a Participant in the Plan. Carol G. Pitman ("Alternate
Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO.
4. The Participant's name, mailing address, Social Security number and date of birth are:
JohnJ. Pitman
285 PM'kGI Street ~
P.O. Box 941
Carlisle, PA 17013
Social Security No.: 190-32-2857
Date of Birth: August 5,1942
5. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
Carol G. Pitman
1446 Windjammer Place
Valrico, FL 33594
Social Security No.: 164-36-8910
Date of Birth: September 14, 1945
It is the responsibility of the Alternate Payee to keep a current mailing address on file
with DFAS.
6. The Participant is currently receiving a monthly pension under the PIan. Upon
retirement he elected to provide survivor benefits to his spouse, Carol G. Pitman, under the
Survivor Benefit PIan.
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DRO
Page 2
7. The sole purpose of this DRO is to provide that, upon the death ofthe Participant, the
Alternate Payee shall receive a survivor annuity in accordance with the Survivor Benefit Plan
election made by the Participant upon his retirement.
8. The Participant's rights under the Soldiers' and Sailors' Civil Relief Act of 1940 (50
U.S.C. ~521) were observed by the Court as evidenced by the presence of his legal counsel at the
proceedings.
9. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and
this Order has not been amended, superseded, or set aside by any subsequent order.
10. The Participant and the Alternate Payee acknowledge that they have been married for
a period of more than ten years during which time the Participant performed more than ten years
of creditable military service. The parties were married on May 27, 1966, and separated on
November 20, 1999.
11. The parties acknowledge that the following items must be sent by the Alternate Payee
to DFAS, U.S. Military Retired Pay, P.O. Box 7130, London, KY 40742-7130. The Participant
agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request
and to make all necessary efforts to obtain any of this information that the Alternate Payee is
unable to obtain.
a. Deemed Election Letter.
b. A certified copy of the Divorce Decree.
c. A certified copy of this Domestic Relations Order.
d. A copy of the Marriage Certificate of Mr. And Mrs. Pitman.
e. An executed copy of Form 2656-1 entitled Survivor Benefit Plan (SBP) Election
Statement for Former Spouse Coverage.
,"
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.
DRO
Page 3
12. The Court shall retain jurisdiction to enter such further orders as are necessary to
enforce the award to the Alternate Payee of the military retirement benefits awarded herein.
EXECUTED this I f'" day of
1'-'1
CONSENT TO ORDER:
PLAINTIFFIPARTICIPANT
Signat~ ~ 6
,1 1~/6 ,
Date
ATTORNEY FOR PLAINTIFF/
PARTICIP
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BY THE COURT
.~d
DEFENDANT/ALTERNATE PAYEE
A ('}lA.W 9;Q;I;;;;:)
Signature
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Date
ATTORNEY FOR DEFENDANT/
ALTERNATE PAYEE
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JOHN 1. PITMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
: NO. 2002-4799 CIVIL TERM
CAROL G. PITMAN,
Defendant
: IN DIVORCE
MOTION TO ENTER
OUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this :l.?
day of
~
, 2006, comes Plaintiff,
JOHN J. PITMAN, by and through his attorney, CAROL J. LINDSAY, ESQUIRE and
Defendant, CAROL G. PITMAN, by and through her attorney, ROBERT B. LIEBERMAN,
ESQUIRE, and respectfully represent as follows:
1. JOHN J. PITMAN is the Plaintiff in the above captioned divorce action
represented by CAROL 1. LINDSAY, ESQUIRE.
2. CAROL G. PITMAN is the Defendant in the above captioned divorce action
represented by ROBERT B. LIEBERMAN, ESQUIRE.
3. Plaintiff and Defendant entered into a Property Settlement and Separation
Agreement under date of February 27, 2006 which Agreement provides for the
division of Defendant's Civil Service Retirement Pension pursuant to a Qualified
Domestic Relations Order.
4. The Qualified Domestic Relations Order has been executed by both Plaintiff and
Defendant.
.,,04- . _ \>
.
5. In order for the Qualified Domestic Relations Order to be implemented by the
appropriate authorities, it is required that the Order be entered by this Honorable
Court.
WHEREFORE, Plaintiff, JOHN 1. PITMAN and Defendant, CAROL G. PITMAN
respectfully requests this Honorable Court to enter the Qualified Domestic Relations Order as
attached hereto.
Respectfully submitted,
Respectfully submitted,
, ps uire
R LINDSAY
26 West High et
Carlisle, P A 17013
(717) 243-6222
Attorney for Plaintiff
L..tA.f ~ .
) ~ieberman, Esquire
500 North Third Street, 12th Floor
Harrisburg, P A l7l 0 1
(717) 236-1485
Attorney for Defendant
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BY: 1A\rt-
John J. Pitman
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
Carol G. Pitman
Defendant
NO. 2002-4799
DOMESTIC RELATIONS ORDER
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 For Processing under final regulations issued by the
Office of Personnel Management ("OPM").
2. This DRO is entered pursuant to authority granted under the applicable domestic
relations laws ofthe State of Pennsylvania.
3. This DRO relates to the provision of marital property rights to the Alternate Payee.
4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor
thereto. JohnJ. Pitman ("Participant") is a Participant in the Plan. Carol G.. Pitman ("Alternate
Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
John J. Pitman
2eg PMkE.F Stl'89t ~
P.O. Box 941
Carlisle, PA 17013
Social Security No.: 190-32-2857
Date of Birth: August 5,1942
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
,
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DRO
Page 2
Carol G. Pitman
1446 Windjammer Place
Valrico,FL 33594
Social Security No.: 164-36-8910
Date of Birth: September 14, 1945
It is the responsibility of the Alternate Payee to keep a current mailing address on file
with the Plan at all times.
7. The Participant is currently receiving a monthly pension under the Plan.
8. The Alternate Payee is entitled to a 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 Alternate Payee.
9. This DRO assigns to Alternate Payee an amount equal to 21.37% ofthe Participant's
Gross Monthly Annuity. In addition to the above, when COLA's are applied to Participant's
retirement benefits, the same COLA shall apply to the Alternate Payee's share.
10. Payments to Alternate Payee shall commence as soon as administratively feasible
following the date this DRO is approved by OPM. Participant agrees to arrange or to execute all
forms necessary for the OPM to co=ence payments to the Alternate Payee in accordance with
the terms of the DRO.
11. Payments shall continue to Alternate Payee for the remainder of the Participant's
lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share ofthe
Participant's pension shall be paid to her estate.
12. Upon the death of the Participant, the Alternate Payee shall receive a survivor annuity
in accordance with the survivor annuity election made by the Participant upon his retirement.
13. In no event shall the Alternate Payee have greater benefits or rights other than those
which are available to the Participant. The Alternate Payee is not entitled to any benefit not
otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits
.
i
DRO
Page 3
offered by the Plan as provided in this Order. All other rights, privileges and options offered by
the Plan not granted to Alternate Payee are preserved for the Participant.
14. The Alternate Payee assumes sole responsibility for the tax consequences of any
payments made to her under this DRO.
15. In the event that the Plan inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms ofthis DRO, the Participant shall
i=ediately 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 (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 ofthis 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. If Participant takes any action that prevents, decreases, or limits the collection by
Alternate Payee ofthe sums to be paid hereunder, he shall make payments to Alternate Payee
directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions
taken by Participant.
,
.
,
DRO
Page 4
17. The Court ofCo=on 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.
EXECUTED this
18" day of
{'"'1
,200" .
BY THE COURT
CONSENT TO ORDER:
,.Ai
PLAINTIFFIPARTICIPANT
FENDANT/ALTERNATE PAYEE
Signat~ ~..d;_
1/1 '-I.Il.L
Date
~ (1$JULO fa/~ (p~tk
Signature Date
ATTORNEY FOR DEFENDANT/
ALTERNATE PAYEE
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JOHN J. PITMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
: NO. 2002-4799 CIVIL TERM
CAROL G. PITMAN,
Defendant
: IN DIVORCE
MOTION TO ENTER
OUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this ~ ~ day of
~
, 2006, comes Plaintiff,
JOHN J. PITMAN, by and through his attorney, CAROL J. LINDSAY, ESQUIRE and
Defendant, CAROL G. PITMAN, by and through her attorney, ROBERT B. LIEBERMAN,
ESQUIRE, and respectfully represent as follows:
1. JOHN 1. PITMAN is the Plaintiff in the above captioned divorce action
represented by CAROL J. LINDSAY, ESQUIRE.
2. CAROL G. PITMAN is the Defendant in the above captioned divorce action
represented by ROBERT B. LIEBERMAN, ESQUIRE.
3. Plaintiff and Defendant entered into a Property Settlement and Separation
Agreement under date of February 27, 2006 which Agreement provides for the
division of Defendant's Military Retirement Pension pursuant to a Qualified
Domestic Relations Order.
4. The Qualified Domestic Relations Order has been executed by both Plaintiff and
Defendant.
., '
5. In order for the Qualified Domestic Relations Order to be implemented by the
appropriate authorities, it is required that the Order be entered by this Honorable
Court.
WHEREFORE, Plaintiff, JOHN J. PITMAN and Defendant, CAROL G. PITMAN
respectfully requests this Honorable Court to enter the Qualified Domestic Relations Order as
attached hereto.
~~.
Robert B. Lieberman, Esquire
500 North Third Street, 12th Floor
Harrisburg, PA 17101
(717) 236-1485
Attorney for Defendant
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