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HomeMy WebLinkAbout03-15383/20/03 TRANSFERRED TO CUMBERLAND COUNTY. IN THE COURT OF COMMON PLEAS OF THE FIFTY-NINTH JUDICIAL DISTRICT OF PENNSYLVANIA W. THORNTON, * Plaintiff * COUNTY BRANCH - CAMERON VS. BARBARA K. THORNTON, Defendant CIVIL ACTION - LAW NO. 2002-.4298 ORDER OF COURT AND NOW, March 5, 2003, upon consideration of the praecipe to transfer venue, and upon review of the record, the Court finding that neither plaintiff nor defendant are residents of the County of Cameron; and that Pa.R.C.P. No. 1006 (d)(1) permits the court upon petition to transfer an action to an appropriate court; IT IS ORDERED AND DECREED that this action is transferred to Cumberland County, Pennsylvania, where both plaintiff and defendant reside. Costs of transfer are imposed upon the plaintiff and shall be paid within 20 days from date of entry of this Order. BY THE COURT: ~l~,l~n H. Foradora President Judge ~l~fferson County, Specially Presiding IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY Fifty - Ninth Judicial District NO: 02- 4298 RECORDED: 11/12/02 BOOK: PAGE: KIND: DIV DEBT: $ 0.00 SURCHARGE: 10.00 PRO: 40.50 JCP FEE: 10.00 SAT DATE: 02/24/03 <PLAINTIFF> 1 THORNTON JAMES W <DEFENDANT> 1 THORNTON BARBARA K NOVEMBER 12, 2002 - Plaintiff's Complaint in Divorce filed by TIMOTHY J. O'CONNELL, ESQ. SAME DATE: Certified copy of Complaint with endorsement thereon to plead to same, issued for service upon the defendant. Verification filed: ($9.00 fee paid). FEBRUARY 24, 2003 - Praecipe to transfer case to Cumberland County filed by Attorney Timothy J. O'Connell. Entire file sent to Judge for review and Order. MARCH 20, 2003 - ORDER OF COURT - AND NOW, March 5, 2003, upon consideration of the praecipe to transfer venue, and upon review of the record, the Court finding that neither plaintiff nor defendant are residents of the County of Cameron; and that, Pa. R.C.P. No. 1006(d) (1) permits the court upon petition to transfer an action to an appropriate court, IT IS ORDERED AND DECREED that this action is transferred to Cumberland County, Pennsylvania, where both plaintiff and defendant reside. Costs of transfer are imposed upon the plaintiff and shall be paid within 20 days from date of entry of this Order. BY THE COURT /s/ John H. Foradora, President Judge, Jefferson County, Specially Presiding. MARCH 24, 2003 - Copies sent to the Court of Common Pleas of Cumberland County, Timothy J. O'Connell, Esquire for Plaintiff, and file. · .,":.~:fified from the R~cords of Camer. oh Co, $ fa be otht prop~ marriag, in the Ol. IF' LAWYER'[ GRANTED, YOU S DO NOT HAVi THE OFFICE SI: HELP. JAMES W. THORNTON, Plaintiff vs. · NO. 2002-4298 BARBARA K. THORNTON, · CIVIL ACTION - LAW Defendant · IN DIVORCE IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA PRAECIPE TO THE PROTHONOTARY: Date: 2/11/03 Kindly transfer the above captioned case to Cumberland County. Tlmoli~ Esquire' TURNER AND O'CONNELL 4415 North From Street Harrisburg, PA 17110 (717) 232-4551 Attorney for plaintiff JAMES W. THORNTON, Plaintiff VS. BARBARA K. THORNTON, Defendant · IN THE COURT OF COMMON PLEAS · CAMERON COUNTY, PENNSYLVANIA · 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 ~hat if:You fail to do so, the case may proceed without you and a decree of divorce or annulme~ntmay be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cameron County Courthouse, Emporium, Pennsylvania. 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. David J. Reed, Prothonotary Cameron County Courthouse East Fifth Street Emporium, PA 15835 (814) 486-3349 JAMES W. THORNTON, Plaintiff VS. BARBARA K. THORNTON, Defendant · IN THE COURT OF COMMON PLEAS · CAMERON COUNTY, PENNSYLVANIA 2002 · CIVIL ACTION - LAW · IN DIVORCE COMPLAINT UNDER SECTION 3301c OF THE DIVORCE CODE 1. Plaintiff is James W. Thornton, an adult indi-vidual who resides at 1210 Highlander Way, Mechanicsburg, Cumberland County, Pennsylvania 17050· 2. Defendant is Barbara K. Thornton, an adult individual who resides at 4175.:NantuCketr't~rive, Mechanicsburg, Cumberland County, Pennsylvania 17050· 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint· 4. The plaintiff and defendant were married on August 23, 1975, at Allison Park, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that plaintiff has the right to request that the court require that the parties participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for plaintiff Verification I verify that the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date Ja~s W. Thornton IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY Fifty - Ninth Judicial District NO: 02- 4298 RECORDED: 11/12/02 BOOK: PAGE: KIND: DIV 0 DEBT: $ 0.00 SURCHARGE: 10.00 PRO: 40.50 JCP FEE: 10.00 SAT DATE: 02/24/03 <PLAINTIFF> 1 THORNTON JAMES W <DEFENDANT> 1 THORNTON BARBARA K NOVEMBER 12, 2002 - Plaintiff's Complaint in Divorce filed by TIMOTHY j. O'CONNELL, ESQ. SAME DATE: Certified copy of Complaint with endorsement thereon to plead to same, issued for service, upon the defendant. Verification filed: ($9.00 fee paid). FEBRUARY 24, 2003 - Praecipe~ to transfer case to Cumberland County filed by Attorney Timothy J. O'Connell Entire file sent to Judge for review and Order. ' MARCH 20, 2003 - ORDER OF COURT - AND NOW, March 5, 2003, upon consideration of the praecipe to transfer venue, and upon review of the record, the Court finding that neither plaintiff nor defendant are residents of the County of Cameron; and that, Pa. R.C.P. No. 1006(d) (1) permits the court upon petition to transfer an action to an appropriate court, IT IS ORDERED AND DECREED that this action is transferred to Cumberland County, Pennsylvania, where both plaintiff and defendant reside. Costs of transfer are imposed upon the plaintiff and shall be paid within 20 days from date of entry of this Order. BY THE COURT /s/ John H. Foradora, President Judge Jefferson County, Specially Presiding. , MARCH 24, 2003 - Copies sent to the Court of Common Pleas of Cumberland County, Timothy J. O'Connell, Esquire for Plaintiff, and file. JAMES W. THORNTON, Plaintiff VS. BARBARA K. THORNTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1538 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 12, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Barbara K. Thornton Social Security No. / 7[ JAMES W. THORNTON, Plaintiff VS. BARBARA K. THORNTON, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1538 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE !. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until1 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. Barbara K. Thornton 17t- Social Security No. JAMES W. THORNTON, Plaintiff BARBARA K. THORNTON, Defendant IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA NO. 2002-4298 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the complaint filed in the above captioned action. Date: Barbara K. Thornton Social Security No. JAMES W. THORNTON, Plaintiff VS. BARBARA K. THORNTON, Defendant 1N THE COURT O,F COMMON PLEAS CUMBERLAND C. OUNTY, PENNSYLVANIA NO. 2003-1538 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 12, 2002. 2. The marriage of plaintiff and defendant is in:etrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Jar~es W. Thornton Social ',Security No. JAMES W. THORNTON, Plaintiff VS. BARBARA K. THORNTON, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1538 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE; DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 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 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: ~/g/0.3 Jamj~W. Thornton Social Security No. JAMES W. THORNTON, Plaintiff BARBARA K. THORNTON, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1538 CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infc~rmation, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdovm under Section 3301c of the Divorce Code. 2. Date and manner of service of the complaint: November 20, 2002--See Acceptance of Service filed herewith. 3. Date of execution of the affidavit of consent required by Section 3301c of the Divorce Code: by plaintiff: August 8, 2003 and filed herewith; by defendant: July 31, 2003 and filed August 7, 2003. 4. Related claims pending: none 5. Date of plaintiffs Waiver of Notice in Section 3301c Divorce: dated August 8, 2003 and filed herewith. Date of defendant's Waiver of Notice in Section 3301c Divorce: dated July 31, 2003 and filed August 7, 2003. Tim6thy J. O'Connell, Esquire Tumer and O'Connell 4415 North Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for plaintiff IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY STATE OF ~~ PENNA. JAMES W. THORNTON VERSUS BARBARA K. THORNTON NO. 20~q-15qR AND NOW, DECREED THAT DECREE IN DIVORCE James W. i~hornton ~03 , IT IS ORDERED AND , PLAINTIFF, AND Bar~ara K. q~rntoB ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WH}CH A FINAL ORDER HAS NOT YET BEEN ENTERED; none J. PROTHONOTARY + ++ +4-+++ JAMES W. THORNTON, Plaintiff VS. BARBARA K. THORNTON, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1538 CiVIL ACTION - LAW IN DiVORCE QUALIFIED DOMESTIC RELATIONS ORDER FEB 1 1 2004 DOMESTIC RELATIONS ORDER for Retirement Pension and Survivor's Pension The parties, come by their attorneys, and upon joint motion, respectfully request the Court to enter the following Domestic Relations Order relating to the division of the interests of James W. Thornton in the Benefits Plan of the Presbyterian Church (U.S.A.). 1. James W. Thornton, Social Security Number 170-46-7829, born February 6, 1954, (hereinafter referred to as "Member") is the Plaintiff in this matter and a Member of the Benefits Plan of the Presbyterian Church (U.S.A.). His last known mailing address is 1210 Highlander Way, Mechanicsburg, PA 17050-8301. 2. Barbara K. Thornton, Social Security Number 171-46-9899, born March 1, 1954, (hereinafter referred to as temate t'ayee ) is the Defendant in this matter. "Al - "' Her last known mailing address is 4175 Nantucket Drive, Mechanicsburg, PA 17050- 9101. 3. The Benefits Plan of the Presbyterian Church (U.S.A.) (hereinafter referred to as the "Benefits Plan") is a "church plan" as defined in Section 414(e) of the Internal Revenue Code of 1986 and in Title I of the Employee Retirement Income Security Act, as the same may be amended from time to time. 4. The Benefits Plan is administered by the Board of Pensions of the Presbyterian Church (U.S.A.), 2000 Market Street, Philadelphia, PA 19103-3298. 5. The Benefits Plan provides, in Section 18.2, that an Alternate Payee may become entitled to receive a portion of the Member's disability, retirement, or survivor's pension benefit pursuant to a domestic relations order issued by a court of competent jurisdiction. 6. The parties were married on August 23, 1975 and separated on February 15, 2001. The divorce decree was issued on August 20, 2003. 7. The parties agree to divide the Member's accrued interest in the Benefits Plan as follows: The Alternate Payee is entitled to receive 50% of the Marital Pension Credits, defined as he Member s pension credits earned from July 1, 1979 through February 15, 2001, together with any experience apportionments earned thereon. The Alternate Payee shall be entitled to receive benefits beginning the earliest allowable date under the Plan. 8. The parties also agree to the following: Alternate Payee is entitled to receive, and may be paid directly beginning the earliest allowable date, a monthly Survivor's Pension calculated at 50% of the Marital Pension Credits earned from July 1, 1979 through February 15, 2001 (as defined in the preceding paragraph). Further, Member agrees to designate Alternate Payee as a survivor beneficiary to the extent of her 50% interest in the marital portion of the Member's pension credits. 9. All benefits payable to the Alternate Payee shall be increased pro-rata to the extent that experience apportionments are granted on account of credits accrued by the Member in the Benefits Plan. 10. This Order is not intended to require the Benefits Plan to provide any type or form of benefits or any option not otherwise provided by the Benefits Plan, nor shall this Order require the Benefits Plan to provide for increased benefits not required by the Plan. 11. This Order does not require the Benefits Plan to provide benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. 12. All benefits payable under the Benefits Plan other than those payable to Alternate Payee's, as stated above, shall be paid to Member in such manner and form as he may elect in his sole and undivided discretion, subject only to Benefits Plan requirements. 13. While it is anticipated that the Board of Pensions will pay the assigned benefits direc~ to the Alternate Payee, Member is designated a constructive trustee to the ext~a~ie rec'~ives~g.g~ retirement benefits under the Plan that are due to Alternate Paye(b~t p.aid t~e~ . Judge Date ~ Member Alternate Payee FiLE[3~FFiOE OF TIlE 21]OI~FEB 2~* Fii I~: 06 PE~',~t'qSYLVAN!A THE COURT: OMMON PLEAS lin STATE OF ~ PENNA. NO. VERSUS DECREE IN DIVORCE ,2~03 DECREED THAT , IT IS ORDERED AND , PLAINTIFF, AND _ , DEFENDANT, ARE DIVORCED FROM ThE BONDS OF MATRIMONY. ThE COURT RETA NS JURISDICTION Of THE FOLLOW NG CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~ PROTHONOTARY