HomeMy WebLinkAbout00-02151
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
JERALD L. THOMAS
No. 00-2151
Plaintiff
VERSUS
CYNTHIA A. THOMAS
Defendant
DECREE IN
DIVORCE
AND NOW,
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DECREED THAT JERALD L. THOMAS
AND
CYNTHIA A. THOMAS
ARE DIVORCSD FROM THE BONDS OF MATRIMONY.
, PLAI NTI FF,
, DEFENDANT,
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;
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PROTHONOTARY
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Johnson, Duffie, Stewart & Weidner
By: Melissa Peel Greevy
J.D. No. 77950
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF THE
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-2151 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
,L4;y Of~004' by and between JERALD
(hereinafter "HUSBAND") and C NTHIA A. THOMAS, of Enola,
WITNESSETH:
WHEREAS, the parties hereto were married on July 1, 1980, in Mechanicsburg, Pennsylvania; and
WHEREAS, a divorce action was filed by HUSBAND on or about April 10, 2000, in the Cumberland
County Court of Common Pleas, and docketed at 00-2151 Civil Term; and
WHEREAS, there are no minor children of the marriage; and
WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live
i separate and apart for the rest of their lives and the parties are desirous of settling completely the economic
and other rights and obligations between each other, including but not limited to: the equitable distribution of
the marital property; past, present, and future spousal support; alimony, alimony pendente lite, and in
JERALD L. THOMAS
Plaintiff
v.
CYNTHIA A. THOMAS
Defendant
THIS AGREEMENT, made this
L. THOMAS of Etters, Pennsylvania,
Pennsylvania, (hereinafter "WIFE");
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general, any and all other claims and possible claims by one against the other or against their respective
estates; and
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and
performed by each party and for other good and valuable consideration, the parties, intending to be legally
bound hereby, do hereby agree as follows:
1. ADVICE OF COUNSEL.
The provisions of this agreement and their legal effect has ,been fully explained to the parties by their
counsel. WIFE is represented by Melissa Peel Greevy, Esquire of Johnson, Duffie, Stewart & Weidner.
HUSBAND is represented by Jane M. Alexander, Esquire.
Each party acknowledges that he or she has had the opportunity to discuss with counsel ,of their
choosing, the concept of marital property under Pennsylvania law and each is aware of his or her right to
have the real and/or personal property, estate and assets, earnings and income of the other assessed or
evaluated by the courts of this Commonwealth or any other court of competent jurisdiction.
The parties further declare that each is executing the Agreement freely and voluntarily having
obtained sufficient knowledge and disclosure of their respective legal rights and obligations. The parties
each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion,
duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that they shall secure a
mutual consent no fault divorce pursuant to S 3301(c) of the Divorce Code. The parties agree to execute
Affidavits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree
contemporaneously with the execution of this Marital Settlement Agreement.
This Agreement shall remain, in full force and effect after such time as a final decree in divorce may
be entered with respect to the parties. The parties agree that the terms of this Agreement shall be
incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced
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in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, but shall continue to have
independent contractual significance.
3. DATE OF EXECUTION.
The "date of execution" or "execution date" of this Agreement shall be defined as the date upon
which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise,
the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the
last party executing this Agreement.
4. MUTUAL RELEASES.
Each party absolutely and unconditionally releases the other and the estate of the other from any and
all rights and obligations which either may have for past, present, or future obligations, arising out of the
marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of
1980, and amendments except as described herein.
Each party absolutely and unconditionally releases the other and his or her heirs, executors and
estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be
effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the
intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance by the
other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States
or any other country.
Except for any cause of action for divorce which either party may have or claim to have, each party
gives to the other by the execution of this Agreement an absoiute and unconditional release from all claims
whatsoever, in law or in equity which either party now has against the other.
5. FINANCIAL DISCLOSURE.
The parties represent and warrant that each have made full and fair disclosure to the other' of his or
her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone.
Neither party wishes to make or append hereto any further enumeration or statement. Each party warrants
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that he or she is not aware of any marital asset which is not identified in this Agreement. The parties confirm
that each has relied on the accuracy of the financial disclosure of the other as an inducement to the
execution of this Agreement. Each party understands that he/she had the right to obtain from the other party
a complete inventory or list of all property that either or both parties owned at the time of separation or
currently and that each party had the right to have all such property valued by means of appraisals or
otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions
on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and
equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result
of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons
upon either party. Each party further covenants and agrees for himself and herself and his or her heirs,
executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his
or her heirs, executors or assigns, in action of contention, direct or indirect, and allege therein that there was
a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there
was a failure to have available full, proper and independent representation by legal counsel.
6. SEPARATION-INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be
free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried.
.Each may, for his or her separate use or benefit, conduct carry on and engage in any business, occupation,
profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass,
disturb or malign each other or the respective families of each other.
7. DEBTS.
The parties divided the marital debt at the time of their separation in a fashion that they deem fair and
equitable. WIFE represents that the debt she assumed at the time of separation is paid in full. HUSBAND
assumed a Visa debt which he represents carried a frozen balance of $1800 at the time of separation.
HUSBAND shall satisfy in full any amount which remains unpaid on said debt and he shall indemnify and
save WIFE harmless from any and all claims and demands made against her by reason of said debt.
WIFE shall assume responsibility for payment of any credit debt created by her on or after January 1,
1996. WIFE shall indemnify and save HUSBAND harmless from any and all claims and demands made
against him by reason of such debts or obligations. WIFE represents and warrants to HUSBAND that since
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the filing of the Divorce she has not and in the future will not, contract or incur any debt or liability for which
HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from
any and all claims and demands made against him by reason of such debts or obligations incurred by her
since January 1, 1996.
HUSBAND shall assume responsibility for any credit debt created by him on or after January 1, 1996.
HUSBAND shall indemnify and save WIFE harmless from any and all claims and demands made against
him by reason of such debts or obligations. HUSBAND represents and warrants to WIFE that in the future he
will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall
indemnify and save WIFE harmless from any and all claims and demands made against her by reason of
such debts or obligations incurred by him since January 1, 1996
The parties agree that they shall take prompt action regarding any remaining joint credit accounts
which have not been closed and agree that they shall immediately close such accounts.
8. RETIREMENT BENEFITS.
At separation, WIFE was a participant in retirement benefits offered by her employer, Holy Spirit
Hospital. The balance of WIFE'S Retirement Savings Account 401(k) plan on April 1, 1998 was three
thousand one hundred sixty three ($3163) dollars. HUSBAND specifically waives all right title and interest in
any retirement benefits, pension benefits, or 401 (k) plans held in WIFE'S name alone.
HUSBAND is Civil Service Retirement System participant through his employment with the New
Cumberland Army Depot. For purposes of this Agreement, the parties agree that the marital value of this
asset is forty seven thousand seven hundred twenty three ($47,723) dollars. Through a Qualified Domestic
Relations Order, WIFE shall receive twenty thousand ($20,000) dollars as of the date of distribution, plus
any gains or losses thereon from the date of distribution until the date WIFE'S share of the account is
distributed to her. The Qualified Domestic Relations Order needed to effect the equitable distribution plan
shall be prepared by counsel for HUSBAND. Except as otherwise specified above, WIFE specifically waives
all other right, title or interest in HUSBAND'S Civil Service Retirement System pension.
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9. LIQUID MARITAL ASSETS.
The parties agree that any credit union, checking and savings accounts which they had during the
marriage jointly and individually held, have been divided to their satisfaction. Any individual accounts now
owned by the parties shall become the sole and separate property of the party in whose name the account is
currently titled. Both parties waive any rights they may have to the bank or credit union account(s) of the
other.
10. AUTOMOBilES.
HUSBAND and WIFE agree that HUSBAND will retain the value of the Chevrolet truck and shall be
solely responsible for all costs associated with his vehicle, to include registration, maintenance, and
insurance related to any vehicle which he may now own. WIFE agrees to execute any documents needed to
effect the transfer of all of her right, title and interest in said vehicle to HUSBAND alone.
HUSBAND and WIFE agree that 1994 Chevrolet Beretta was marital property. HUSBAND had
transferred title to WIFE during separation. The parties stipulate that the vehicle was 'totaled' in an accident
in which the parties' son Jeremy was the driver.
HUSBAND and WIFE stipulate and agree that the distribution of their vehicles is fair and equitable.
11. REAL ESTATE.
The parties were the owners of a residence at 202 South Enola Drive, Enola, Cumberland County,
Pennsylvania. The home has been sold and the mortgage obligations have been satisfied in full. The
remaining proceeds were divided equally and to the parties satisfaction. HUSBAND and WIFE waive any
and all further claims that one may have against the other related to the sale, maintenance or repair of the
home.
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12. HOUSEHOLD GOODS AND PERSONAL PROPERTY.
The parties agree that they have previously divided the household goods, and personal property to
their mutual satisfaction. The parties agree that this distribution of goods and personal property is
satisfactory and equitable.
13. ALIMONY PENDENTE LITE AND ALIMONY.
HUSBAND and WIFE waive now and forever, any and all right or claim, past or future, to support
from the other, whether the claim be in the form of alimony, alimony pendente lite, or spousal support.
HUSBAND and WIFE agree and acknowledge that each shall be responsible to provide, at their own
expense, their own health insurance coverage, following the entry of the Decree in Divorce.
14. PAST DUE TAXES.
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 incorne tax is proposed, or allY assessment of any such tax is
, rnade against them, each will indernnify 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 rnisrepresentations or failures to disclose the nature and extent of
his or her separate income on the aforesaid joint returns.
15. COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terrns of
the Agreement, including but not limited to the signing of deeds and other documents. The parties will sign
Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree
contemporaneously with the execution of this Agreement.
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16. ATTORNEY FEES. COURT COSTS.
WIFE shall be responsible for the counsel fees associated with the preparation of this Agreement.
HUSBAND shall be responsible for the fees associated with the preparation and implementation of the
Qualified Domestic Relations Order. Otherwise, each party hereby agrees to be solely responsible for his
or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party
except as otherwise expressly provided herein.
17. ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provisions of this Agreement and the other party retains
counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees,
court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other
party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by arnicable
resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's
fees, costs and expenses if the breach is cured within 14 days of a written demand by one party to the other
and providing notice of intent to seek counsel fees. Demand shall be adequate if it is sent via certified mail
and provides at least fourteen (14) calendar days from the date of mailing for compliance. For purposes of
this provision, and in absence of notice to Defendant to the contrary, the presumptive correct mailing
address for notice to the Plaintiff shall be:
JERALD L. THOMAS
145 Sugar Maple Drive
Etters, PA 17319
For purposes of this prOVISion, and in absence of notice to the Plaintiff to the contrary, the
presumptive correct mailing address for notice to the Defendant shall be:
CYNTHIA A. THOMAS
803 Chester Road
Enola, PA 17025
In absence of a notice to the other party of change of address, a breaching or alleged breaching
party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for
failure to receive written demand.
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It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear
the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching
party in protecting and enforcing his or her rights under this Agreement.
18. WAIVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a) The right to obtain an inventory and the appraisement of all marital and non-
marital property;
(b) The right to obtain an income and expense statement of either party;
(c) The right to have all property identified and appraised;
(d) The right to further discovery as provided by the Pennsylvania Rules of Civil
Procedure and the Pennsylvania Divorce Code, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral deposition, any all
other means of discovery permitted under the law;
(e) The right to have the court make all determinations regarding marital and non-
marital property, equitable distribution, spousal support, alimony pendente lite, alimony,
counsel fees and costs and expenses.
19. VOID CLAUSES.
If any term, condition, clause or provision of this' Agreement, shall be determined or declared to be
void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from
this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and
operation.
20. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
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21. ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties, and there are no representations,
warranties, covenants or undertakings other than those expressly set for herein.
22. CONTRACT INTERPRETATION.
For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the
parties agree that this Agreement was prepared jointly by the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written
above.
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JERALD L. HOMAS
Witness
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THIA A. THOMAS
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COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF
On the ,).6 '{!;A day of r~ , 2004, before me, a Notary Public in and for the
Commonwealth of Pennsylvania, the undersigned officer, personally appeared JERALD L. THOMAS known
to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he
acknowledges the foregoing instrument to be his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above
written.
Notarial Seal
Halvard E. Alexander. NotaIy Public
DiUsburg Boro. York County
My Commission Expires Apr. 239 200S
Member, PennsylvanieAssocietionofNoterles
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cftft.itA LvuL
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On the _..I day of r W"- , 2004, before me, a Notary Public in and for the
Commonwealth of Pennsylvania, officer, personally appeared CYNTHIA A. THOMAS,
known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she
acknowledges the foregoing instrument to be her free act and deed.
ss.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above
written.
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Notary Public
Notanal Seal
Krislee K. Myers, Notary Public
Lemoyne Boro. Cumberland County
My Commission Expires Dec. 2, 2006
Member. Pennsylvania Association Of Notaries
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II
Plaintiff
IN THE COURT OF COMMONPLEAS
OF !XmK. COUNTY, PA
CUMBE RLAND
JERALD L. THOMAS,
VS
CYNTHIA A. THOMAS,
Defendant
NO.OO-2151
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
Ii a divorce decree:
i'
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the
Divorce Code.
2. Date and manner of service of the complaint: was sent certified mail, restricted
delivery to the Defendant April 11 2000 and was delivered to the Defendant April
ll..2000
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent require by Section 3301(c) of the
Divorce Code: by Plaintiff February 20, 2004 by defendant February 13, 2004.
(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 respondent
4. Related claims pending: All claims are settled and satisfied by Marriage
Settlement Agreement dated Februm:y13, 2004 signed by both parties.
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,
(b) Date Plaintiff's Waiver of Notice in Divorce was filed with the Prothonotary:
March 1, 2004
(c) Date Defendant's Waiver of Notice in Divorce was filed with Prothonotary:
February 17, 2004
,
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JERALD L. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
vs.
NO. 60 - t5l/~1
C(J~(7L
CYNTHIA A. THOMAS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do so,
the case may 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.
,I! When the ground for the divorce is indignities or irretrievable breakdown of the
i'
ii 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, One Courthouse
Square, Carlisle, Pennsylvania 17013.
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.
Court Administrator
Cumberland County Court House
Fourth Floor
Carlisle, PA 17013
(717) 240-6222
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II
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JERALD L. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
vs.
NO.
CYNTHIA A. THOMAS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICIA
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las
quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que
si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anularniento puede
ser emitjdo en su contra por la Corte. Una decision puede tambien ser emitida en su contra
por cualquier otra queja 0 compensacion rec1amados por el demandant. Usted puede perder
dinero, 0 propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la oficina del Prothonotry, en la Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTlCIA, PROPIEDAD MARITAL
HONORARlOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO
FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER
EL DERECHO A RECLAMAR CUALQillERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI
NO TlENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA
INDICADA ABAJO PARA A VERlGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
Court Administrator
Cumberland County Court House
Fourth Floor
Carlisle, P A 17013
(717) 240-6222
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II
JERALD L. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
NO. 01l~ .2/~1 C;:.;J I~
vs.
CYNTHIA A. THOMAS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE
COUNT I
AND NOW, thiS51# day Of~~ .--,-o~e ,2000, comes
the Plaintiff, Jerald L. Thomas, by his attorney, Ja eM. Alexander, Esqurre, and flies thIS
Complaint upon a cause of action of which the following is a statement.
1. Plaintiff is Jerald L. Thomas, 43 years of age, who currently resides at 407
Beaver Avenue, Apartment G, Enola, Pennsylvania, East Pennsboro Township, Cumberland
County, Commonwealth of Pennsylvania 17025.
2. Defendant is Cynthia A. Thomas, 40 years of age, who currently resides at
645 Herrin Lane, Enola, East Pennsboro Township, Cumberland County, Commonwealth of
Pennsylvania 17025.
3. Plaintiff and Defendant have both resided in the Commonwealth of Pennsylvania
for at least six (6) months prior to the filing of the Complaint in Divorce.
4. The Plaintiff and Defendant were married on July 1, 1980 in Mechanicsburg,
Pennsylvania by a Minister.
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5. There were two (2) children born to the parties during this marriage, Jeremy
Thomas, age 18 years, born November 5, 1981, and Nathan Thomas, age 15 years, born
August 2, 1984.
6. There was a prior action in divorce commenced by the Defendant in the Court of
Common Pleas of Cumberland County in January 1996. Said action was terminated by
Court order in September 1998.
7. The parties have not entered into a written agreement as to alimony, counsel fees,
cost and property division.
8. The Plaintiff has been advised of the availability of counseling and that the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
9. The marriage is irretrievably broken.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of
Divorce from the bonds of matrimony.
Respectfully Submitted,
a eM. Alexand , squire
orney for the laintiff
.D. No. 07355
48 S. Baltimore Street
Dillsburg, PA 17019
(717) 432-4514
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Verification
I verify that the statements made in this Complaint 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: ~-'c .-'1.0/d,n<p Q
Je~ J~__
J d L. Thomas
COMMONWEALTH OF PENNSYLVANIA
S.S
COUNTY OF YORK
Before me, the undersigned officer, a Notary Public, in and for the said
Commonwealth and County, Personally appeared Jerald L. Thomas who, being affirmed
according to law, deposes and says that the facts and matters set forth in the foregoing
Complaint are true and correct to the best of his knowledge, information and belief.
~~as~
Sworn to and subscribed before
me this .3 c>-f!ff day of
,2000.
Notarial Seal
Halvard E. Alexander, Notary Public
Dillsburg Bora. York Ccunty
My Commission Expires April 23, 2001
Member. Pennsylvania Association iI otar IS
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Johnson, Duffie, Stewart & Weidner
By: Melissa Peel Greevy
1.D. No. 77950
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
JEHALD L. THOMAS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-2151 CIVIL TERM
v.
CIVIL ACTION - LAW
CYNTHIA A. THOMAS,
IN DIVORCE
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may 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 pages 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 Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE THE 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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Johnson, Duffie, Stewart & Weidner
By: Melissa Peel Greevy
J.D. No. 77950
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717)761-4540
Attorneys for Defendant
JERALD L. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-2151 CIVIL TERM
CIVIL ACTION - LAW
v.
CYNTHIA A THOMAS,
IN DIVORCE
Defendant
ANSWER AND COUNTERCLAIM
AND NOW, comes the Defendant, Cynthia A. Thomas, by and through her attorneys, Johnson,
Duffie, Stewart & Weidner, and files the following Answer and Counterclaim to the Plaintiff's Complaint in
Divorce:
1. Admitted.
2. Admitted the Defendant is Cynthia A. Thomas. By way of further answer, Defendant resides
at 803 Chester Road, Enola, PA 17025.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
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8. Denied. Defendant is unaware of what the Plaintiff may have been advised.
9. Paragraph 9 states a legal conclusion. Therefore, no answer is required.
COUNTERCLAIM
EQUITABLE DISTRIBUTION
10. Defendant incorporates by reference the allegations set forth in Paragraphs 1 through 9
inclusive, of the Complaint, as if the same were set forth herein at length.
11. Plaintiff and Defendant have legally and beneficially acquired certain retirement benefits and
personal property during their marriage.
12. Defendant has attempted to gain cooperation in negotiating a reasonable settlement of the
retirement assets in the above captioned matter without success.
13. Defendant has requested Plaintiff's cooperation with the appraisal of the Plaintiff:s pension
without success.
WHEREFORE, Defendant prays your Honorable Court to equitably divide the assets of the marriage.
Date:
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JOHNS~IE, STEWART & WEIDNER
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Melissa Peel Greevy
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I, Cynthia A. Thomas, verify that the statements made in this Answer and Counterclaim are true and
correct to the best of my knowledge, information and belief. I understand that false statements made herein
are made subject to the penalties of 18 Pa. C.S.A 94904, relating to unsworn falsification to authorities.
Date:
9/;/03
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CERTIFICA TE OF SERVICE
AND NOW, this ~ September, 2003, the undersigned does hereby certify that she did this
date serve a copy of the foregoing Answer and Counterclaim upon the other parties of record by causing same
to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as
follows:
Jane M. Alexander, Esquire
148 S. Baltimore Street
Dillsburg, PA 17019
JOHNSO~, STEWART & WEIDNER
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JERALD L. THOMAS,
Plaintiff
:IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
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NO. 00-2151
II CYNTHIA A. THOMAS
Defendant
CIVIL ACTION-LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 10, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
III days have elapsed from date of filing and service of the Complaint.
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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 the Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date: ).fJ:b -p~/ ~{)t9y
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NO. 00-2151
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CIVIL ACTION-LAW
Defendant
IN DIVORCE
AFFTDA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 10, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from 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 the Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date:
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Plaintiff
IN THE COURT OF COMMON PLEAS
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NO. 00-2151
vs
CIVIL ACTION-LAW
CYNTHIA A. THOMAS
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER CODE 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 in this affidavit, are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date: ~F.d Otj
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
NO. 00-2151
JERALD L. THOMAS.
Plaintiff
CIVIL ACTION-LAW
CYNTHIA A. THOMAS
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER CODE 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 in this affidavit, are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date:
J?/;~hy
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Cynthia A. Thomas
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NO. 00-02151 CIVIL TERM
CYNTHIA A. THOMAS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDA VIT OF SERVICE
AND NOW, this ;;Jo.ay of
appeared Jane M. Alexander, Esquire who swears
, 2000 personally
o law, that a true and correct
copy of a COMPLAINT IN DIVORCE was caused to be served by certified mail with return
receipt requested upon the said,
Cynthia A. Thomas
645 Herrin Lane
Enola, P A 17025
on April 13. 2000 by leaving the same at the Dillsburg Post Office with postage pre-paid
thereon as evidenced by the mailing receipt and return receipt hereto attahced and made a
part hereof.
Sworn and subszjbed before
me this ,;2,AL- day of
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/ Notary Public ~
Notarial Seal
Halvarcl e. Alexander, Notary Public
DlIISbu'll Bo.o. York County
My CommiSSion Expires April 23, 2001
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NO. 00-02151 CIVIL TERM
CYNTHIA A. THOMAS,
CIVIL ACTION - LAW
IN DIVORCE
Defendant
PROOF OF SERVICE
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The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the
termination of inactive cases and amended Rule ofJudicial Administration 1901. Two aspects of the
reco=endation merit comment.
I. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated togovem the termination of inactive cases
within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for
inactivity was previously govemed by Rule of Judicial Administration 1901 and local rules promulgated
pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure
and a uniform statewide practice, preempting local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa.
360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in
prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of
Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to acco=odate the new rule of civil
procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule
continues to be applicable.
IT Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is
initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the
procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the
Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to
prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and
the action shall continue.
a. Where the action has been tenninated
If the action is terminated when a party believes that it should not have been terminated, that party may
proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence
might be the termination of a viable action when the aggrieved party did not receive the notice of intent to
terminate and thus did not timely file the notice of intention to proceed..
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within
thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court
must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period,
subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly
filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of
intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the
petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to
proceed may have been the subject of inordinate delay. Io such an instance, the aggrieved party may
pursue the remedy of a co=on law non pros which exits independently oftermination under Rule 230.2.
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DEFENDANT/RES:l>QNI>ENTSS#190-52~3289 '"
..NAME:.Cynthia A Thorn!,,,
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RECEIVED AUG 1 0 ZOO~
JERALD L. THOMAS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
V.
: NO. 00-2151
CYNTHIA A. THOMAS,
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
COURT ORDER ACCEPT ABLE FOR PROCESSING
1. Effect of This Order as a Court Order Acceptable for Processing:
This Order creates and recognizes the existence of a former spouse's right to receive a
portion of the employee's benefits payable under the Civil Service Retirement System
("CSRS"). Such benefits may represent a portion of the Employee Annuity, a Refund of
Employee Contributions or may award a Former Spouse Survivor Annuity to the former
spouse. It is intended to constitute a Court Order Acceptable for Processing under final
regulations issued by the Office of Personnel Management ("OPM"). The Court has
,
considered the requirements and standard terminology provided in Part 838 of Title 5, Code
of Federal Regulations. The terminology used in the provisions of this Order that concern
benefits under the Civil Service Retirement System are governed by the standard conventions
established in that part.
2. Parties: The parties hereto were husband and wife, and a divorce action is in this
Court at the above number. This Court has personal jurisdiction over the parties. The parties
were married on Jul}"l, 1980 and divorced on March 16,2004.
3. Employee Information: The name, last known address, social security number,
and date of birth of the "Employee" are:
Page 1 of6
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Name: Jerald L. Thomas ("Employee")
Address: 145 Sugar Maple Drive, Etters, Pennsylvania 17319
Social Security Number: #206-50-3978
Birth Date: September 4, 1956
4. Former Spouse Information: The name, last known address, social security
number, and date of birth of the "Former Spouse" are:
Name: Cynthia A. Thomas ("Former Spouse")
Address: 803 Chester Road, Enola, Pennsylvania 17025
Social Security Number: #190-52-3289
Birth Date: May 28,1959
The Former Spouse shall have the duty to notify the OPM in writing of any changes in her
mailing address subsequent to the entry of this Order.
5. Identification of Retirement System: The Employee will be eligible for
retirement benefits under the Civil Service Retirement System based on employment with the
United States Government.
6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to
the authority granted in the applicable domestic relations laws of Pennsylvania.
7. For Provision of Marital Property Rights: This Order relates to the provision of
marital property rights of the Former Spouse as a result ofthe Order of Divorce between the
Employee and the Former Spouse issued on March 16, 2004.
8. Providing for Payments to Fonner Spouse: The Former Spouse is entitled to a
Page 2 of6
-
.
II
portion of the Employee's Gross Monthly Annuity under the Civil Service Retirement
System as set forth below. The United States Office of Personnel Management is hereby
directed to pay Former Spouse's share directly to Former Spouse.
9. Amount of Former Spouse's Benefit: This Order assigns to Former Spouse an
amount equal to Forty-Two Percent (42%) of the Marital Portion of the Employee's Gross
Monthly Annuity (including any military benefits paid by the OPM) determined as of the date
the marriage ended (January 15, 1996). For purposes of calculating Former Spouse's share of
Employee's benefit, the Marital Portion shall be determined by multiplying the Employee's
Gross Monthly Annuity earned thtough the date the marriage ended (January 15, 1996) by a
fraction, the numerator of which is the total number of months of Creditable Service earned
under the CSRS during the marriage (from July 1, 1980 to January 15, 1996), and the
denominator which is the total number of months of the Employee's Creditable Service
accrued under the Civil Service Retirement System through January 15, 1996. (The
numerator and denominator shall include, as applicable, any military service credits
incorporated into the Employee's CSRS annuity.) The marriage began on July 1, 1980.
Further, any salary adjustments that occur after January 15, 1996 shall not be incorporated
into the calculation of Former Spouse's share of the Employee Annuity.
10. Cost of Living Adjustments: When Cost of Living Adjustments are applied to
Employee's retirement benefits, the same Cost of Living Adjustment shall apply to the
Former Spouse's share.
11. Benefit Commencement Date: The Former Spouse shall commence receiving
Page 3 of6
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benefits as soon as administratively feasible following the date this Order is approved as a
.1 Court Order Acceptable for Processing, or on the date the Employee commences benefits, if
later. Payments shall continue to the Former Spouse for the remainder of the Employee's
lifetime. However, should the FOlmer Spouse predecease the Employee, then such benefits
shall be inunediately a;1d fully be restored to the Employee following such Former Spouse's
death.
The Employee agrees to arrange or to execute all forms necessary for the OPM to conunence
payments to the Former Spouse in accordance with the terms of this Order.
12. Refund of Employee Contributions: If Employee leaves Federal service before
retirement and applies for a refund of employee contributions under the CSRS, Former
Spouse shall be entitled to a prorata share of the refund of such employee contributions.
13. Former Spouse Survivor Annuity: Pursuant to Section 8341(h)(1) of Title 5,
United States Code, the Former Spouse shall not be awarded a former spouse survivor
annuity under the Civil Service Retirement System.
14. Transfer to FERS: In the event that Employee makes a one-time irrevocable
election to transfer into the Federal Employees Retirement Systems ("FERS") before his
retirement, then Former Spouse shall be entitled to a portion of the Employee's Basic
Annuity and/or a Refund of Employee Contributions under FERS calculated in a manner
similar to that which is enumerated in Sections 9 and 12 above for the CSRS annuity and
refund, respectively, and payable directly from FERS. Additionally, Former Spouse shall be
entitled to a Former Spouse Survivor Annuity payable under FERS and determined in a
Page 4 of 6
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similar manner to the survivor benefits set forth under Section 13 above. Further, such
Former Spouse Survivor Annuity shall be payable from FERS.
.1
;1 15. Savings Clause: This Order is not intended, and shall not be construed in such a
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(a)
to pay a former spouse a portion of an employee annuity before the employee
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annuity begins to accrue;
(b)
to pay a former spouse any amounts that are in excess of an employee's net
annuity; or
(c) to pay a Former Spouse Survivor Annuity in excess of the maximum
permitted mounts under the CSRS and the FERS.
16. Constructive Receipt: In the event that the CSRS inadvertently pays to the
Employee any benefits that are assigned to the Former Spouse pursuant to the terms of this
Order, the Employee shall immediately reimburse the Former Spouse to the extent that he/she
has received such benefit payments, and shall forthwith pay such amounts so received
directly to the Former Spouse within ten (10) days of receipt.
17. Actions by Employee: If the Employee takes any action that prevents, decreases,
or limits the collection by the Former Spouse ofthe sums to be paid hereunder, the Employee
then shall make payments to the Former Spouse directly in an amount sufficient to neutralize,
as to the Former Spouse, the effects of the actions taken by the Employee.
18. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this
Page 5 of6
-
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.-
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,
Order to the extent required to maintain its status as a Court Order Acceptable for Processing
and the original intent of the parties as stipulated herein. Further, the Court shall retain
jurisdiction to enter such further orders as are necessary to enforce the award to Former
Spouse of the benefits awarded herein, including the recharacterization thereof as a division
of benefits earned under another retirement system in lieu of the retirement benefits under
II
II
CSRS or other benefits received in lieu of CSRS retirement benefits, or to make an award of
alimony in the event that Employee fails to comply with the provisions contained above
requiring said payments to Former Spouse by any means.
19. Notice of Pending Retirement: The Employee shall be required to notify the
Former Spouse, in writing, within thirty (30) days prior to the actual date of retirement. Such
notice shall indicate the Employee's intentions to retire and the Employee's elected benefit
commencement date. The notice shall be sent via regular, frrst class mail. For this purpose,
I the Former Spouse shall notify the Employee of any changes in Former Spouse's mailing
II
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address.
IT IS SO ORDERED on this
/,'
,2005.
day of ~......y
BY TH ou~
P intiff/Mernber
rP Page 6 of6
Ol~;
. .
JERALD L. THOMAS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
v.
: NO. 00-2151
CYNTHIA A. THOMAS,
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
MOTION FOR ENTRY OF ODRO
AND NOW, this ~ay 0~r~5' Jerald L. Thomas and
Cynthia A. Thomas, through their respective counsel, move to have the Q.D.R.O. attached
hereto, entered as part of the divorce.
A decree in divorce was granted on March 16, 2004 by the Honorable Kevin A. Hess.
Notice by Prothonotary of Entry of Order shall be provided to the following as
counsel for the Defendant, Cynthia A. Thomas:
Melissa Peel Greevey, Esquire
Johnson Duffie Law Offices
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Respectfully submitted,
J e 1\.1. Alexand , squire
ttorney For PI ntiff
upreme Court LD. No. 07355
148 South Baltimore Street
Dillsburg, P A 17019
(717) 432-4514
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DOCUMENTS FILED BEFORE
AUGUST 9, 2005 ARE NOT SCANNED
FROM AUGUST 9, 2005 A.ND AFTER
ARE SCANNEI)
II
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JERALD L. THOMAS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, P A
v,
: NO. 00-2151
CYNTHIA A. THOMAS,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
MOTION FOR ENTRY OF ODRO
~4~'
AND NOW, this ~ day of ~? ,2005, Jerald L. Thomas and
Cynthia A, Thomas, through their respective counsel, move to have the Q,D,R.O, attached
hereto, entered as part of the divorce,
A decree in divorce was granted on March 16,2004 by the Honorable Kevin A, Hess,
Notice by Prothonotary of Entry of Order shall bt~ provided to the following as
counsel for the Defendant, Cynthia A, Thomas:
Melissa Peel Greevey, Esquire
Johnson Duffie Law Offices
30 I Market Street
P,O, Box 109
Lemoyne, PA 17043-0109
Respectfully submitted,
J e 1\1, Alexand , squire
ttomey For PI ntiff
upreme Court I.D, No, 07355
148 South Baltimore Street
Dillsburg, P A 17019
(717) 432-4514
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RECEIVED AUG 1 0 7QP~
JERALD 1. THOMAS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
v,
: NO, 00-2151
CYNTHIA A. THOMAS,
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
COURT ORDER ACCEPTABLE FOR PROCESSING
I, Effect of This Order as a Court Order Ac(,eptabIe for Processing:
This Order creates and recognizes the existence of a fonner spouse's right to receive a
portion of the employee's benefits payable under the Civil Service Retirement System
,
I
("CSRS"), Such benefits may represent a portion of the Employee Annuity, a Refund of
Employee Contributions or may award a Former Spouse Survivor Annuity to the former
spouse. It is intended to constitute a Court Order Acceptable for Processing under final
regulations issued by the Office of Personnel Management ("OPM"), The Court has
considered the requirements and standard terminology provided in Part 838 of Title 5, Code
of Federal Regulations. The terminology used in the provisions of this Order that concern
benefits under the Civil Service Retirement System are governed by the standard conventions
established in that part,
2, Parties: The parties hereto were husband andl wife, and a divorce action is in this
Court at the above number. This Court has personal jurisdiction over the parties, The parties
were married on July-I, 1980 and divorced on March 16..2004,
3. Employee Information: The name, last known address, social security number,
and date of birth of the "Employee" are:
Page I of6
....
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AiN10NOHiOCd 31-11 :10
381:J:lo-G3ll::l
Name: Jerald 1. Thomas ("Employee")
Address: 145 Sugar Maple Drive, Etters, Pennsylvania 17319
Social Security Number: #206-50-3978
Birth Date: September 4, 1956
4. Former Spouse Information: The name, last known address, social security
number, and date of birth of the "Former Spouse" an~:
Name: Cynthia A. Thomas ("Former Spouse")
Address: 803 Chester Road, Enola, Pennsylvania 17025
Social Security Number: #190-52-3289
Birth Date: May 28, 1959
The Former Spouse shall have the duty to notify the OPM in writing of any changes in her
mailing address subsequent to the entry of this Order.
5, Identification of Retirement System: The Employee will be eligible for
retirement benefits under the Civil Service Retirement System based on employment with the
United States Government.
6, Pursuant to State Domestic RelatiolBs Law: This Order is entered pursuant to
the authority granted in the applicable domestic relations laws of Pennsylvania.
7. For Provision of Marital Property Rights: This Order relates to the provision of
marital property rights of the Former Spouse as a result of the Order of Divorce between the
Employee and the Former Spouse issued on March 16,2004,
8, Providing for Payments to Former Spouse: The Former Spouse is entitled to a
Pag(: 2 of 6
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benefits as soon as administratively feasible following the date this Order is approved as a
Court Order Acceptable for Processing, or on the date the Employee commences benefits, if
later. Payments shall continue to the Former Spouse for the remainder of the Employee's
lifetime. However, should the FOlmer Spouse predecease the Employee, then such benefits
shall be immediately a:ld fully be restored to the Employee following such Former Spouse's
death.
The Employee agrees to arrange or to execute all forms necessary for the OPM to commence
payments to the Former Spouse in accordance with the t'~rms of this Order.
12, Refund of Employee Contributions: If Employee leaves Federal service before
retirement and applies for a refund of employee contributions under the CSRS, Former
Spouse shall be entitled to a prorata share of the refund of such employee contributions,
13, Former Spouse Survivor Annuity: Pursuant to Section 8341(h)(I) of Title 5,
United States Code, the Former Spouse shall not be awarded a former spouse survivor
annuity under the Civil Service Retirement System.
14, Transfer to FERS: In the event that Employee makes a one-time irrevocable
election to transfer into the Federal Employees Retirement Systems ("FERS") before his
retirement, then Former Spouse shall be entitled to a portion of the Employee's Basic
Annuity andlor a Refund of Employee Contributions under FERS calculated in a manner
similar to that which is enumerated in Sections 9 and 12 above for the CSRS annuity and
refund, respectively, and payable directly from FERS, Additionally, Former Spouse shall be
entitled to a Former Spouse Survivor Annuity payable under FERS and determined in a
Page 4 of6
II
I
similar manner to the survivor benefits set forth under Section 13 above, Further, such
Former Spouse Survivor Annuity shall be payable from FERS,
15. Savings Clause: This Order is not intended, and shall not be construed in such a
manner as to require the OPM:
(a) to pay a former spouse a portion of an employee annuity before the employee
annuity begins to accrue;
(b) to pay a former spouse any amounts that are in excess of an employee's net
annuity; or
(c) to pay a Former Spouse Survivor Annuity in excess of the maximum
permitted mounts under the CSRS and th,~ FERS.
16, Constructive Receipt: In the event that the CSRS inadvertently pays to the
Employee any benefits that are assigned to the Former Spouse pursuant to the terms of this
Order, the Employee shall immediately reimburse the Former Spouse to the extent that helshe
has received such benefit payments, and shall forthwith pay such amounts so received
directly to the Former Spouse within ten (10) days ofrec,eipt.
17, Actions by Employee: Ifthe Employee takes any action that prevents, decreases,
or limits the collection by the Former Spouse of the sums to be paid hereunder, the Employee
then shall make payments to the Former Spouse directly in an amount sufficient to neutralize,
as to the Former Spouse, the effects of the actions taken by the Employee,
18. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this
Page 5 of6
II
Ii
Order to the extent required to maintain its status as a Court Order Acceptable for Processing
and the original intent of the parties as stipulated herein, Further, the Court shall retain
jurisdiction to enter such further orders as are necessary to enforce the award to Former
Spouse of the benefits awarded herein, including the recharacterization thereof as a division
of benefits earned under another retirement system in lieu of the retirement benefits under
CSRS or other benefits received in lieu of CSRS retirement benefits, or to make an award of
alimony in the event that Employee fails to comply with the provisions contained above
requiring said payments to Former Spouse by any means.
19. Notice of Pending Retirement: The Employee shall be required to notifY the
Former Spouse, in writing, within thirty (30) days prior to the actual date ofretirement, Such
notice shall indicate the Employee's intentions to retire and the Employee's elected benetit
commencement date, The notice shall be sent via regular, first class mail. For this purpose,
the Former Spouse shall notifY the Employee of any changes in Former Spouse's mailing
address.
IT IS SO ORDERED on this
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day of ____j:tv7 ..... I-'
BYTHfl~
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~mt/Al rn;e&ax e
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em~ ~ (,omey for Defendant! Altema
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P intiff/Member
,2005,