HomeMy WebLinkAbout03-0947RICHARD H. PARKER,
Plaintiff
V.
JANINE E. PARKER,
Defendant
· CIVIL ACTION - LAW
· IN DIVORCE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM
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
will proceed without you and a decree of divorce or annulment may be entered against you for
any 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.
the Prothonotary at Cumberland
Pennsylvania, 17013.
IF YOU DO NOT FILE A
A list of marriage counselors is available in the Office of
County Courthouse, Carlisle, Cumberland County,
CLAIM FOR ALIMONY, DIVISION OF MARITAL
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
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
RICHARD H. PARKER,
Plaintiff
V.
JANINE E. PARKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 0 3-- 9'/1
IN DIVORCE
CIVIL TERM
COMPLAINT IN DIVORCE
NO FAULT
Plaintiff is Richard H. Parker, an adult individual currently residing at 154 East
Louther Street, Apt. B, Carlisle, Cumberland County, Pennsylvania.
Defendant is Janine E. Parker, an adult individual currently residing at DODDS-
SAES, Unit 15549, Box 76, APO, AP 19205.
o
Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so
for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on January 9, 1982, Cuyahogo County, Ohio.
5. There have been no other prior actions for divorce or annulment between the parties.
o
Plaintiff is a member of the United States Army and has been advised of his right
under the Soldier and Sailors Relief Act and Defendat is not a member of the United
States Armed Forces or its Allies.
o
Plaintiff has been advised of the availability of counseling and the fight to request that
the Court require the parties to participate in counseling. Knowing this, Plaintiff does
not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
10.
Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90)
days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23
P.S. Section 3301 (c) of the Domestic Relations Code.
Respectfully submitted,
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are tree and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE:
R~CHARD H PARKER, Plaintiff
RICHARD H. PARKER,
Plaintiff
Vo
JANINE E. PARKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
·NO. 2003-947 CIVIL TERM
·IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this ~-~ -~/~day °f March, 2003, comes Bradley L. Griffie, Esquire,
counsel of record for Plaintiff, Richard H. Parker, and states that a true and attested copy of a
Complaint in Divorce was sent to Defendant, Janine E. Parker, at DODDS-SAES, Unit 15549,
Box 76, APO, AE 96205, by certified mail, return receipt requested. A copy of said receipt is
attached hereto indicating that service was made on March 17, 2003.
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribed to
before me this ~(~ day
of , ~/~/7 ,Z~03
/~(5'TARY P~ffB LIC
{.,~ Qemplete items 1, 2, and 3. ~ complete
';~ iten~4 if Restricted Delivery is desired.
' · Prin~,our name and address on the reverse
so thl~t we can return the card to you.
· Attacl~this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:-..
B, Re~,eived .by ( P 'n.n~. Name)
[] Agent
[] Addressee
lC. Date of Delivery
D. Is delivery address different from item 17 [] Yes
If YES, enter delivery address belc~v: [] No
]
3. Service Type
J~CertifJed Mail r'-I Express Mail
[] Registered ~.eturn Receipt for Memhandise ·
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) ~l~es
2. Article Number
(Transfer from service label)
PS Form 3811, August 2001
Domestic Return Receipt
102595-02-M-0835
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required) ~ '
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
o~,o~o:,;..~bl2S.- - .............. ~ ...... ~ ............ : .............
RICHARD H. PARKER,
Plaintiff
VS.
~JAN1NE:,E. PARKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTy, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 03-'947 CIVIL TERM
: INDIVORCE
NOTICE
If you wish to deny any of the statements set forth in the attached affidavit you must file
a counter-affidavit within twenty days after this Affidavit has been served on you or the
statements will be admitted.
AI~I])AVIT'Lri~DER §3301(d) OF TI~IE DIVORCE
The parties to this action separated since August 1, 2001, and have continued to live
separate and apart since that time.
2. The marriage is irretrievable broken.
I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses iff do not claim them before a divorce is granted.
I verify that the statements made in the foregoing document are mae and correct. I
understand that false statements .herein are made subject to the penalties of 18 Pa.C S. ~4904,
relating to tmsworn falsifications to authorities.
DATE: ~/~.///,)~'~ ~
TOTAL P.03
RICHARD H. PARKER,
Plaintiff
JANINE E. PARKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 03-947 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this Z~ day of September, 2003, comes Bradley L. Griffie, Esquire,
counsel of record for Plaintiff, Richard H. Parker, and states that a true and attested copy of an
Affidavit Under §3301(d) of the Divorce Code, Counter Affidavit Under §3301(d) of the
Divorce Code and Notice of Intention to Request the Entry of §3301(d) Divorce Decree, was
fonvarded to Defendant, Janine E. Parker, at DODDS-K SAES, Unit 15549 Box 76, APO, AP
96205, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is
attached hereto indicating that service was made on August 20, 2003.
~le,~Esqu{re
r Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Sworn and subscri~d to
befor,~rne~ ¢is ~ day
of ~'~ 0-~B4~f-J ,2003
gOTAP~IJt~LIC
· Complete Items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mallpiece,
or on the front If space permits.
1. Article ~ to:
D. Isdelivee/addmssdiffemnt fn3mitem 17 ~Yes
If YES, ente~ delivery address below: [] No
[] Insured Mail [] C.O.D. '~.~ ~1~
4, Restricted Delivery? (Extra Fee) E~es
2. Adicle Number
PS Forrn 3811, August 2001 Domestic Return Receipt 102Se~O1-M-OS81
RICHARD H. PARKER,
Plaintiff
VS.
JAN1NE E. PARKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:
: NO. 03-947 CIVIL TERM
: 1N DIVORCE
COUNTER AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE
1. Check either (a) or (b):
__ (a)
__ (b)
I do not oppose the entry of a divorce decree.
I oppose the entry of a divorce decree because (Check either (i), (ii), or both)
(i) The parties to the action have not lived separate an apart for a period of at
least two (2) years.
__ (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
__ (a) I do not wish to make any claims for economic relief. I understand that I may
lose fights concerning alimony, division of property, lawyer's fees, or expenses
ifI do not claim them before a divome is granted.
(b) I wish to claim economic relief which may include alimony, division of
property, lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic claims
with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date
set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered
without further notice to me, and I shall be unable thereafter to file any economic claims.
I verify that the statements made in the foregoing document 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 falsifications to authorities.
DATE:
JANINE E. PARKER, Defendant
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND
YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT
FILE THIS COUNTER AFFIDAVIT.
RICHARD H. PARKER,
Plaintiff
VS.
JANINE E. pARKER,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
· . CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION -- LAW
: NO. 03-947 CIVIL TERM
: IN DIVORCE
NOTICE OF INTENTION TO REOUEST
THE ENTRY OF ,~3301{D) DIVORCE DECREE
TO: JAN1NE E. PARKER
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter affidavit to the §3301(d) affidavit. Therefore, on or after September 19, 2003 the
other party can request the court to enter a final Decree in Divorce.
If you do not file with the Prothonotary of the com~ an Answer with your signature
notarized or verified or a counter affidavit by the above date, the court can enter a final decree in
divorce. A counter affidavit which you may file the Prothonotary of the court is attached to this
Notice.
Unless you have already filed with the court a written claim for economic relief, you
must do so by the above date or the court may grant the divorce and you will lose forever the
right to ask for economic relief. The filing of the form counter affidavit alone does not protect
your economic claims.
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
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
RICHARD H. pAKKB
VS.
JANINE E. PARKER
1. A Corr
3, 2003, and served o]
2. The n~
days have elapsed ftc
3. I con,'
intention to request e
I VERIFY
ARE TRUE AND
ARE MADE SUB
UNSWORN FALSI
DATE:_
aintiff
efendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION- LAW
:
: NO. 03-947 CIVIL TERM
: 1N DIVORCE
AFFIDAVIT OF CONSENT~
laint in Divorce under §3301 (c) of the iDivorce Code was filed on March
March 17, 2003.
xriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
i the date of filing and service of the Complaint.
nt to the entry of a final Decree of Divorce after service of notice of
atry of the decree.
?tAT THE STATEMENTS MADE 1N THE FOREGOING AFFIDAVIT
',ORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
',CT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
'ICATION TO AUTHORITIES.
~ICI~fl~,D H. pARKER, Plaintiff
RICHARD H. PARKE
VS.
JANINE E. PARKER
WAIV
U
1. I conse
2. I unde
lawyer's fees or expe:
3. I unde
Court and that a co
Prothonotary.
I VERIFY ·
ARE TRUE AND
ARE MADE SUB
UNSWORN FALS[
DATE:
'laintiff
)efendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 03-947 CIVIL TERM
: IN DIVORCE
;R OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
NDER §3301(c) OF THE DIVORCE CODE,
tt to the entry of a final decree in divorce: without notice.
stand that I may lose rights concerning alimony, division of property,
scs ifI do not claim them before a divorce is granted.
;tand that I will not be divorced until a divorce decree is entered by the
of the decree will be sent to me immediately after it is filed with the
tAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
:ORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
ICATION TO AUTHORITIES.
RICHARD H. PARKER, Plaintiff
RICHARD H. PA~R,
Plaintiff
VS.
JAN/NE E. PARR
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
~R, : NO. 03-947 CIVIL TERM
Defendant : IN DIVORCE
_AFFIDAVIT OF CONSENT
days have elapsed fl
intention to request
I VERIFY
ARE TRUE AND
ARE MADE SUB
UNSWORN FALS[
DATE:
1. A C, mplaint in Divorce under §3301 (c) of the Divorce Code was filed on March
3, 2003, and served )n March 17, 2003.
2. The ~arriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
~m the date of filing and service of the Complaint.
3. I con ent to the entry of a final Decree of Divorce after service of notice of
~try of the decree.
[AT THE STATEMENTS MADE 1N THE FOREGOING AFFIDAVIT
3RRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
',CT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
CATION TO AUTHORITIES.
R, Defendant ~-- ~
RICHARD H. PARK[ER,
Plaintiff
JANINE E. PARKE[
WAIV
1. I corn
2. I unde
lawyer's fees or expe~
3. I undel
Court and that a cop
Prothonotary.
I VERIFY TI-
ARE TRUE AND O
ARE MADE SUBJ~
UNSWORN FALSIY
DATE: ~O ~
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 03-947 CIVIL TERM
: IN DIVORCE
ER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
NDER §3301(c) OF THE DIVORCE CODE
it to the entry of a final decree in divorce without notice.
stand that I may lose rights concerning alimony, division of property,
~es ifI do not claim them before a divorce is granted.
;tand that I will not be divorced until a divome decree is entered by the
of the decree will be sent to me immediately after it is filed with the
~.T THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
)RRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
CT TO THE PENALTIES OF 18 Pa.C.S. {}4904 RELATING TO
2ATION TO AUTHORITIES.
,NINE'mETP~RI>xER, Defendant
RICHARD H. PARKER,
Plaintiff
VS.
JAN1NE E. PARKER,
Defendant
NOV 0 § 2~n'~
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 03-947 CIVIL TERM
: IN DIVORCE
DOMESTIC RELATIONS ORDER
The parties acknowledge that Richard H. Parker is currently accruing retirement
benefits through his active service in the United States Army. Janine E. Parker is the
current spouse, but soon to be former spouse, of Richard H. Parker and as such has an
interest in these retirement benefits and shall receive a portion of the divisible
retirement benefits available to Richard H. Parker. Further, Richard H. Parker
(hereinafter referred to as "Participant") shall assist Janine E. Parker (hereinafter
referred to as "Alternate Payee") in submitting any application(s) or documents
necessary to secure her share of the divisible retirement benefits or pay as awarded
herein.
The Participant's name, mailing address, social security number and date of birth are:
Name:
Address: ' ': ,
S.S.No.:
D.O.B.:
Richard H. Parker
154 East Louther Street, Apt. B
Carlisle, PA 17013
382-70-5771
September 30, 1958
The Alternate Payee's name, mailing address, social security number and date of birth
are:
Name:
Address:
S.S.No.:
D.O.B.:
Janine E. Parker
DODDS-SAES
Unit 15549, Box 76
APO, AP 19205
296-66-3366
October 17, l~s'l~ ~ct~¢, ~
--Page 1 of 10--
V'INV^"IkSNN~8
o
Participant assigns to Alternate Payee an interest in Participant's disposable military
retired pay. Alternate Payee is entitled to a direct payment in the amount hereinafter
specified and shall receive payments at the same time as Participant.
Participant's rights under the Soldiers and Sailors Relief Act of 1940 (50 UFC
Section 521) were observed by the Court as evidence by the preparation of this
document and the processing of Participant's divorce from Alternate Payee by
Participant's legal counsel.
Alternate Payee is hereby awarded a monthly percentage share of Participant's United
States Army disposable military retired pay upon Participant's retirement from the
United States Army beginning with the first month of Participant's receipt of such
retired pay. Said award and distribution shall be in accordance with and construed by
the Uniform Services Former Spouse Protection Act of September 8, 1982 (Public
Law 97-252). Alternate Payee's monthly percentage share shall be determined by the
following formula:
19.58 [years of marriage to mutually agreed upon date
of termination of entitlement while
Participant on active duty (date of separation)]
total number of years and portions of years
of Participant's active duty and accmal
of retirement benefits at time of retirement
Disposable military retired pay as used herein shall be as defined by federal law. Said
disposable military retired pay shall be reduced by the selection of the Survivor
Benefit Plan (SBP) and the resulting payment of the SBP premium, if any for
--Page 2oflO--
o
Alternate Payee, together with any cost of living increases or similar increases that
occur. The sharing of disposable military retired pay shall commence upon
Participant's receipt of said retired pay and shall continue until the death of either
party. In the event there is any delay in the implementation of this Domestic
Relations Order by the Army Finance Service and Participant receives his entire
disposable military retired pay without deduction and distribution to Alternate Payee
of her share as described herein, Participant shall pay Alternate Payee her entitlement
directly within ten (10) days of receipt of pay.
Participant shall elect the maximum Survivor Benefit Plan annuity as is available to
him at the time of retirement. The parties' responsibility for the cost of the SBP
premium shall be distributed proportionally based upon the percentage distribution of
the disposable military retired pay as determined by the fraction set forth above in
paragraph 6.
Under the terms of the Uniform Services Former Spouse Protection Act, the United
States Army, as the paying authority, is required to directly pay Alternate Payee her
monthly percentage share of Participant's monthly disposable military retired pay
because of the following:
(a.)
In the course of the parties' marriage, Participant performed at least ten (10) years
of credible service toward determining his eligibility for retired pay. The parties
were married on January 9, 1982, and their divorce is pending at the time of entry
of the within Order. Participant began credible service and determined his
--Page 3oflO--
(b.)
(c.)
eligibility for retired pay with the United States Navy on August 25, 1980, and
continues to perform active duty as of the date of entry of this Order. Neither
Participant nor Alternate Payee will do or cause to be done any act which will
cause this provision to become null or void and each party agrees that this will be
the final Order pertaining to the division of the Participant's disposable military
retired pay.
Participant's disposable military retired pay is and shall be accruing as a result of
his service in the United States Army and his disposable military retired pay is
marital property subject to equitable distribution by the Court of Common Pleas
of Cumberland County, Pennsylvania. The Court of Common Pleas of
Cumberland County, Pennsylvania has jurisdiction to divide the parties' marital
property and finale their divome pursuant to Section 3301(c) of the Divorce Code
(23 P.C.S. §3301(c)). The Court of Common Pleas of Cumberland County,
Pennsylvania has jurisdiction over the Participant for the purpose of dividing his
disposable military retired pay because Participant specifically consents to the
Court's jurisdiction to do so.
The Court of Common Pleas of Cumberland County has continuing jurisdiction to
make every Order reasonably necessary to implement and accomplish the direct
payment to Alternate Payee by the United States Army of her percentage share of
Participant's disposable military retired pay, including the right to advise the
United States Army of the precise amount or percentage of Participant's
disposable military retired pay to be payable to the Alternate Payee. The Court
--Page 4oflO--
10.
11.
12.
13.
retains jurisdiction over Participant's military retired pay for as long as both
parties shall live. The Court of Common Pleas of Cumberland County shall also
have the authority to make any just and equitable Order not inconsistent with the
other provisions hereof.
The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with,
and this Order has not been amended, superseded nor set aside by any subsequent
Order.
Alternate Payee agrees that any future overpayments to her are recoverable and
subject to involuntary collection from her or her estate.
Alternate Payee shall notify DFAS about any changes in this Domestic Relations
Order or any Order affecting the provisions hereof or any issues of eligibility of any
recipient receiving benefits pursuant to it.
Participant and Alternate Payee intend that this Order qualify under the Uniformed
Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 et. seq.
Participant shall to cooperate with Alternate Payee to prepare any application(s) for
direct payment to Alternate Payee from Participant's disposable military retired pay
pursuant to 10 U.S.C. Section 1408. Participant shall execute all documents at the
United States Army may require to certify that the disposal retired pay shall be
provided directly to Alternate Payee as provided for herein.
--Page 5oflO--
14.
Participant shall not merge Participant's disposable military retired pay with any
other pension and shall not pursue any course of action that would defeat Alternate
Payee's fight to receive a portion of the disposable military retired pay of the
Participant as described above. Participant shall not take any action by merger of his
military retirement pension so as to cause a limitation in the amount of the total
retired pay in which the Participant has a vested interest and, therefore, Participant
shall not cause limitation of the Alternate Payee's monthly payment as set forth
above. Participant shall indemnify Alternate Payee for any breach of this paragraph as
follows:
(a) If Participant becomes employed or otherwise has his military pension
merged, which employment or other condition causes a merger of Participant's
disposable military retired pay, Participant shall pay to Alternate Payee directly the
monthly amount as provided in paragraph six under the same terms and conditions as
if those payments were made pursuant to the terms of this Order. The provisions of
this paragraph specifically allude to any reductions that may occur in the sum
received by Alternate Payee due to Participant's receipt of Veterans' Administration
Disability benefits or due to Participant's civilian federal employment that may cause
a reduction in the disposable military retirement pay'.
(b) If the amount paid by the military pay center to Alternate Payee is less than
the amount specified above, Participant shall initiate an allotment to the Alternate
Payee in the amount of the difference to be paid from any federal entitlements due to
Participant with said allotment to be initiated by Participant immediately upon notice
of such deficiency.
--Page 6 of lO--
15.
(a.)
(c) If any monthly payment is not made to Alternate Payee by the appropriate
military pay center, and no federal entitlement exists against which allotment is set
forth above may be initiated or for whatever reason full payment by allotment is not
made in that month, or if the amount paid through the allotment is insufficient to pay
the difference as specified above, Participant shall pay the amount called for herein
directly to Alternate Payee by the fifth (5th) day of each month in which the military
pay center or allotment fails to do so.
(d) If Participant takes any action that prevents, decreases, or limits the collection
by Alternate Payee of the sums to be paid herein, he shall make payment to Alternate
Payee directly in the amount sufficient to neutralize as the Alternate Payee the effects
of the actions taken by Participant.
Participant shall provide any information to Alternate Payee at Alternate Payee's
request, and make all necessary efforts to obtain all information that Alternate Payee
requires which she is unable to obtain on her own to be provided to DP, AS (Cleveland
Office), located at P.O. Box 998002, Cleveland, Ohio 44199-8002, as follows:
A copy of this Domestic Relations Order that divides Participant's disposable
military retired pay and a Decree that approves this Order certified within ninety
(90) days immediately preceding its service on the applicable Military Pay Center
for the United States Army.
(b.) A statement by Alternate Payee that verifies the Divorce Decree has not been
modified, superceded or set aside.
--Page 7 of lO--
(c.)
(d.)
(e.)
16.
17.
18.
The parties' marriage certificate.
Participant's name, address, social security number, date of birth and name of
military service.
Alternate Payee's name, address, social security number and date of birth.
Participant hereby waives any privacy or other rights as may be required for Alternate
Payee to obtain information relating to Participant's date and time of retirement, last
unit assignment, final rank, grade and pay, present or past retired pay, other
information as may be required to enforce the award made herein, or required to
revise this Order so as to make it enfomeable.
Participant shall, within thirty (30) days prior to his actual date of retirement, notify
Alternate Payee of his intended retirement. This notice shall indicate his intention to
retirement and elected benefit commencement date. This notice shall be sent by
regular first-class mail, postage prepaid. For this purpose, Alternate Payee shall
notify Participant of any changes in her mailing address.
For the purposes of interrupting this Court's intention and making the division set
forth in this Order, "disposable military retirement pay" includes retired pay to which
Participant is entitled or to which Participant would be entitled for longevity of active
duty and/or reserve component military service and all payments payable under the
provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before
any statutory, regulatory or elective deductions are applied. It also includes all
amounts of retired pay Participant actually constructively waives or forfeits in any
--Page 8oflO--
manner for any reason or purpose, including, but not limited to, any waivers made in
order to qualify for Veterans' Administration benefit. It also includes any sum taken
by Participant in addition to or in lieu of retirement benefits, including, but not
limited to exit bonuses, voluntary separation pay, special separation benefits or any
other form or compensation attributable to separation of military service instead of or
in addition to payment of the military retirement benefits normally paid to a retired
member.
CONSENT TO ORDER:
RICI4~RD FY.. PARKER,
Participant/Plaintiff
Altemate-~'l~ee/De fendant
BY THE COURT,.
Date
~Elate Attom. ey/Witness--.
--Page 9 of lO--
UNITED STATES OF AMERICA
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this 2¢hq day of A~,~r- , 2003, before me, the undersigned
officer, personally appeared RICHARD ti. PARKER, known to me (or satisfactory proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NITH THE. ARMED
~ i- TAEGU. KOREA
~ THE US ARMED
~ ...... ,-~ AT $EOUL KOREA
On this /~ day of ~U.0,5./- , 2003, before me, the undersigned
officer, personally appeared JANINE E. PARKER, known to me (or satisfactory proven) to be
the person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
C',~ ~,, 915
--Page 10 oflO--
RICHARD H. PARKER,
Plaintiff
VS.
JANINE E. PARKER,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 03-947 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER §3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without no{ice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI 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 THE FOREGOING 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.
DATE: \~'~
JAN1N~E~E. PARKER, Defendant
RICHARD H. PARKER,
Plaintiff
VS.
JANINE E. PARKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: NO. 03-947 CIVIL TERM
: IN DIVORCE
COUNTER AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE
Check either (a) or (b):
(a) 1 do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divome decree because (Check either (i), (ii), or both)
(i) The parties to the action have not lived separate an apart for a period of at
least two (2) years.
__ (ii) The marriage is not irretrievably broken.
Check either (a) or (b):
~(a) I do not wish to make any claims for economic relief. I understand that I may
lose rights concerning alimony, division of property, lawyer's fees, or expenses
ifI do not claim them before a divome is granted.
(b) I wish to claim economic relief which may include alimony, division of
property, lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic claims
with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date
set forth on the Notice of Intention to Request Divome Decree, the divome decree may be entered
without further notice to me, and I shall be unable thereafter to file any economic claims.
I verify that the statements made in the foregoing document 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 unswom falsifications to authorities.
J A~h~XK~P A'l~d( E R, Defendan)
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND
YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT
FILE THIS COUNTER AFFIDAVIT.
RICHARD H. PARKER,
Plaintiff
VS.
JANINE E. PARKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:
: NO. 03-947 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on March
3, 2003, and served on March 17, 2003.
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 THE FOREGOING 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.
DATE:
JANINE-~. PXRKER, Defendant
RICHARD H. PARKER,
Plaintiff
JANINE E. PARKER,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 03-947 CIVIL TERM
: 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 divome:
Irretrievable breakdown under §3301(c)
(Strike out inapplicable section).
2. Date and manner of service of the Complaint: by certified mail, restricted delivery on
March 17, 2003.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce
Code: by Plaintiff: October 27, 2003 by Defendant: November 13, 2003
(b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims 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:
(b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the
Prothonotary: November 3, 2003
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the
Prothonotary: November 25, 2003
e ' le quire J
Attorney for Plaintiff
IN THE COURT OF COiVlMON PLEAS
STATE OF
OF CUMBERLAND COUNTY
¢ ,~~ .~ PENNA.
RICHARD H. PARKERt
Plaintiff
VERSUS
JANINE E. PARKER,
Defendant
NO.
03-947 CIVIL TERM
DECREE lin
DIVORCE
AND NOW~~ ¢
_ , IT IS ORDERED AND
DECREED THAT ~i~h~r~ u_ p~rk~r
Janine E. Parker
AND
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS Of MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECO_I~D~IN THIS ACTION FOR W!HICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The parties' Marital Separation Agreemen~ da~ed May 22, 2002
is incorporated herein,
but not merged,, ~;~
ATTEST: J.
PROTHONOTARY