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Home My WebLink About02-5380THERESA M GARNER, Plaintiff JOHN F. GARNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O~ ~- ',~3~ CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT,~ 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 of other rights important to you, including the 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 at the Office of the Prothonotary. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 THERESA M. GARNER, Plaintiff V. JOHN F. GARNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Theresa M. Garner, by and through her attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is Theresa M. Garner (SS# 179-44-8804), an adult individual, currently residing at 42 Glenview Drive, York County, Pennsylvania, 17019..~;/~ ~:~.,~ 2. Defendant is John F. Garner (SS# 247-39-8772), an adult individual, currently residing at 823 Brian Drive, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Plaintiff and Defendant were married on May 7, 1983, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been two prior action for divorce between the parties, which complaints were withdrawn. 6. The Plaintiff and Defendant are both citizens of the United States of America. Count I - Divorce 7. The allegations of Paragraphs 1 through 6 are incorporated herein by reference and made a part hereof. 8. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 9. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. 10. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree dissolving the marriage between Plaintiff and Defendant. Count II - Equitable Distribution 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as if set forth at length. 12. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointly or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. Count III. Spousal Support and/or Alimony Pendent Lite and Permanent Alimony 13. The allegations in Paragraph I through 12 ara incorporated herein by reference and made a part hereof. 14. Plaintiff is unable to sustain herself during the course of this litigation. 15. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself adequately through appropriate employment. 16. Plaintiff requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite in her favor pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Section 3701 of the Divorce Code. Count IV- Counsel Fees, Expenses and Costs of Suit 17. The allegations of Paragraphs 1 through 16 are incorporated herein by reference and made a part hereof. 18. Plaintiff has retained an attorney to prosecute this action and has agreed to pay him a reasonable fee. action. 19. Plaintiff has incurred and will incur costs and expenses in prosecuting this Date: t~?;.///~4 20. Plaintiff is not financially able to meet the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. 21. Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon such additional counsel fees, costs and expenses as deemed appropriate. WHEREFORE, Plaintiff respecffully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. RESPECTFU,,¥S , ED, Charles Rector~ Es0/uire 1104 Fernwo~d A,~nue, Ste. 203 Camp Hill, P,/~ 17~1 (717) 761-8101 I 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. Section 4904, relating to unsworn falsification to authorities. Date: Theresa M. Garner THERESA M. GARNER, Plaintiff V. JOHN F. GARNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5380 C1VIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SER VICE I, Matthew Hunt, Private Investigator, hereby certify that I personally served the Complaint in Divorce in the above-referenced matter to John F. Garner, Defendant, on __ 2002, at approximately ,_~.' ~ o'clock ~ .m. Date: Matthew Hunt Theresa M. Garner Plaintiff VS. John F. Garner Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.. 02-5380 DOMESTIC RELATIONS OR]DER 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 of the State of Pennsylvania. 3. This DRO applies to the Federal Employees' Retirement System ("Plan") and any successor thereto. John F. Garner ("Participant") is a Participant in the Plan. Theresa M. Garner ernate Payee ), the former spouse, is the Alternate Payee for the purposes of this DRO. 4. The art~c~pant s name, meahng address, Social Secm~ity number and date of birth are: John F. Garner Dillsburg, PA 17019 C_~t~_~,~ -~t~ Social Security No.: 247-39-8772 Date of Birth: November 10, 1961 5. The Alternate Payee's name, mailing address, Social ~' ' oecunty number and date of birth Theresa M. Garner 42 Glenview Drive Dillsburg, PA 17019 Social Security No.: 179-44-8804 Date of Birth:~62 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 6. 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. DRO Page 2 7. This Order assigns to Alternate Payee an mount equal to 50% of the Participant's basic and supplemental monthly annuity determined as of the Participant's date of retirement. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Section 7. With respect to the Alternate Payee's share of the Participant's basic and supplemental monthly annuity, such portion shall be calculated without regard to any amounts that are withheld from the Participant's annuity for any reason. Any m~ounts so withheld shall be deducted solely from the Participant's share of the annuity. 8. Payments to Alternate Payee shall commence the date payments commence to the Participant. Participant agrees to arrange or to execute all fon~s necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 9. 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 of the Participant's pension shall be paid to her estate. 10. The Alternate Payee is awarded a former spouse survivor annuity. If the Participant dies before his benefits commence, the amount of the survivor annuity shall be the maximum possible former spouse annuity under the Plan. If the Participator dies after his benefits commence, the amount of the survivor annuity shall be the amount determined in accordance with Section 7. Any costs associated with providing the former spouse survivor annuity shall be paid by the Participant. The Participant agrees to take all necessary steps to elect Alternate Payee as the designated beneficiary for the purposes of establishing and sustaining such former spouse coverage for the Alternate Payee. 11. If the Participant dies before his benefits commence, the Alternate Payee is awarded the entire basic lump sum death benefit. 12. If Participant applies for a refund of employee contributions under the Plan, the OPM is directed not to pay the Participant a refund of such employee contributions. 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 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 Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 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 of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit DRO Page 3 payments, and shall forthwith pay such amounts so received dJ.rectly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently psys to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of tlhis DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has re,ceived 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 of the sums to be paid hereunder, he shall mal~:e payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 17. The OPM shall notify the Alternate Payee and her legal representative when the Participant makes an application for any benefit payments from the Plan. DRO Page 4 juris~.c8~.._ _T~.e Court, o.~f .Co~m~,on ,Pleas of C~umberland County, Pennsylvania shall retain Lion so amena ~ms uraer, out only tot the purpose of establishing it or mmntmmn ~t as a Domestic Relations Order. orovide~ ~ ........ ,~ ~ - , ' ' ' g ' . ~ -, ,~uw~ver, ma~ no such amenament 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. Accepted and Ordered this _ (~' dayof ~2,~,~ ,~.~.~. BY THE COURT CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE Signature ENDANT~ARTICIPANT Date ATTORNEy FOR PLAINTIFF/ ALTERNATE PAYEE Date ATTORNEy FOR DEFENDANT/ PARTICYPANT Signature Date THERESA M. GARNER, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5380 CIVIL TERM JOHN F. GARNER Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the Court for entry of a divorce decree: 1. Ground for a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Affidavit of Service filed 1/28/03 - personal service to Defendant on December 12. 2002. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff 12/20/04, by the Defendant 12/20/04. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiff's Waiver of Notice in 9 3301(c) Divorce was filed with the Prothonotary 12/28/04. Date Defendant's Waiver of Notice in 9 3301 (c) was filed with the Prothonotary 12/28/04. CJn()/do~~~ Charles Rector, Esquire Attorney for the Plaintiff Date: 12/29/04 ? .....' \:;.-;:.') ~ c;.... ~ lj, -.:!i~\j q~~+', ~?~t:::; r::'\- :Pc k(.'! ~~'" (;.~, _.~.. ~ ,.( ~; ~ ~ o -n ,.A :1,....,., n'\~_ r" ~\~) ',)b .,:::....1.--\., '.r:, .~\'\ '~~;~\{;'A r,;~~(; P' -'" -- '-P. <Jl U> THERESA M. GARNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5380 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. JOHN F. GARNER Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 5, 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c} 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 herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~~~,~ Theresa M. Garner Date: ~ JD )DY ....... g J:;'" ~ (;'> ~ ~~ ~ '2 -? --r, "f-'z:~ n~\t".; -7' t~\.~" ..::;;;,:;=:-" Q"'-' ~(1 ~':'~c-' y' t-~ ~\ ::<: ~ -'\ 1,1~ 1,C(' (),c: ~,:.,.I,2 ':J: ....;~., ~76 t:)f1" .~:'\ ~, ;:)1 -0 ....~'" -.,.. -- o -l THERESA M. GARNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5380 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE V. JOHN F. GARNER Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 5, 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c\ 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 herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. John F. Garner Date: ~JJ jD~ ~ :? ~ \; ~ cP 2 -/ ':,:"" -o\~~.', q:)'i' ~~J~ r::"~, l't:_ ^:S~ -4 c::; ~ o 41 _\ -:k -;'J r"hl 1,C( C.JCJ ......-\..c::-, :1-.-_-h q("-) ~.:";'lrn '_:::i -.11 .~ -,1 -- -'- -- o -' - THERESA M. GARNER, Plaintiff V. JOHN F. GARNER Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5380 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW Please withdraw Counts II, III and IV of Plaintiff's Complaint in Divorce filed on November 5, 2002, in the above-captioned matter. Date: i;< ~o/()y RESPECTFULLY SUBMITTED, UnaJ~~~ Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff o G 4-". ~1~?:: .~\"" t~-~-. ??5~ }:;,~~ 5\~~\ ...; (r, ~ .-;> $ .;=- % ('"> rV O::l () -n .A ::r;:!) f(\C~ -"CJ\""'" .,.:,0 at.} -:,":~4"; ,.'-[1 (~.C? LSri\ 'Y'~ ~_:l -r) ::z; - o -' - ;_.::.+;.,:: ::;::+::.,',: .:..~::c<::.::.::( .'.::.}< :::.::.;.:::>::C~:': >.::c<>:::+;.::: ):c{)::+::(.::+;.::: ::.::+::',' ::.::.:::.< :.::.~::.::;.::: )::+::.::: >::+::." .'.::.::.:'~:.:::::.:.:: .~~;~~;!:}"3t>;::.:~t+::~:;:::~::.}.~; >;~::+;;:::'::C(:::{C~;:::::<c:(,:;~, ~ ~ . ~ ~ ~.~ y ~ '.~.::...I ~~ ~.."\ ~. ( ~ ~.' ~ '.' ~I ... ~ ..~ ~ '.' ~ '.' ~ ~.J ,', ~\ ~ ... ~ ... ~ '.' ," ~ ... ~ '.' $ ~ '.' ~ ~.' ~'. ",'" ~ ~ y ~ ~.~ ~ ~.' ~ '.' ... ~ ~ ... ~ ~.' ~ ... w ~.' .... ~ ~ / ~ v IN THE COURT OF CO)\Y1MON PLEAS OF CUMBERLAND It' COUNTY ~.~ ~ ..0,' ,.'~ ~ ,.; ~ "S ,~ ~.~ ~ ,'~ * "S , ,,~ ~ ~ '.' ,'S ~ ~ \l ~ '.' ~ \.- f'S ,; ~:~, ~ '.' ;~~' ~ ~ \l ~ ..0' t.:.<i ~ ~ '.' ~ 00' ;:'S ~ ~ ~l ~ V ~ ~.' *- ... I~ 1\,1 * $ $ * ~ '.' J. ~ STATE OF PEN N A. a ~,>,.,.' ~ ~ Prothonotary v ~ ~ ~ ... I ~~~~~'~A~'_',V","'~~~~"'~"~"V"V"""" ~ ~~,~~~,~~~~~~~:~--~~~~~_._:_::~~~~~:~:_~~ ... THERESl\M..G1\.:Rm:,R.. II I' ,I Ii I II II II ...~ N o. ..O~:-:~}ll() V crsus JOHN F. GARNER DECREE IN DIVORCE AND NOW,........ r.4~...?:'...,. 1-9 :~~, it is ordered and decreed that. . . . . .Theresa. M_ .Gar.nE;!r. . . . . .. . . . . ., . . . . . . . . . '. plaintiff, and. . . . . . . . . John. F... .Garner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 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; AJcrfJ{.. .......... ,_........................ -"................ ,.................", ~ ~'? -......... ,-......".....-..,............................ e .~ut ............'/- .. . ~~.. ~ fit - c~ J _p? 0/""'1'1 '~/}IL 50- ~rp;I fr7 '1 !~ /h?;V' t?'~7 .-- , . '" ., ~~ 50 f -e -----