HomeMy WebLinkAbout99-00936
WHEREAS, Glenn R. Garman is reprcsentcd by Charles W. Johnston, Esquire, and Elizabeth
Garman is represented by Thomas 1. Williams, Esquire, and cach party has had the opportunity to
consult freely with his or her rcspcctivc altorncy prior to entering into this Agreement; and
WHEREAS, each party has had the opportunity to rcvicw this Agreement in its entirety with
his or her respective attorney; and
WHEREAS, the Parties intend this Agrecment to be a full and complete Postnuptial
Agreement providing for the absolute and final settlement of all their respective marital and property
rights and all claims for spouse support, alimony pendente lite, alimony, attorneys' fees and
expenses, and equitable distribution of marital propertyo
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NOW, THEREFORE, for and in consideration of the foregoing recitals, which are made a
part of this Postnuptial Agreement, and of the mutual covenants and benefits to be derived by the
Parties, and for other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, and intending to be legally bound hereby, the Parties hereby covenant and agree as
follows:
ARTICLE I
PURPOSES OF AGREEMENT AND EFFECTIVE DATE
Section 1.1 Complete Settlement and Division of Propertv. It is the purpose and intent of
the Agreement to sellle forever and completely the interest and obligation of the Parties and all
property that they own separately, and all property that would qualify as marital property under the
Pennsylvania Divorce Code. The provisions of this Agreement are intended to consider, determine
and distribute all of the assets of the Parties hereto as part of the terms of this Postnuptial Agreement.
This Agrecment is intended by the Parties hereto to be a valid Postnuptial Agreement, providing for
the absolute and final settlement of their respective property rights and all obligations of spousal
support. This Agreement is not intended to be a mere separation agreement. This Agreement
contains the entire understanding of the Parties, and there are no representations, warranties,
covenants or promises other than those expressly set forth in this Agreement. The Parties to this
Agreement agree that they have, by the terms of this Agreement, settled, to their mutual satisfaction,
all rights and claims that either may have in their property, whether owned by them jointly or
separately, real and personal, and wherever situatedo Any property not specifically provided for in
this Agreement which the Husband or Wife owns or has the right to control or possess shall remain
his or her property, free and clear of any claim on the part of the other.
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Section 1.2 Effective Date. The execution of this Agreement is predicated upon and made
subject to the attainment of a Decree in Divorce and the entry of a Qualified Domestic Relations
Ordero This Agreement shall become effective on the later of the date a final Decrce in Divorce is
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entcred in No. 99-936 Civil Action, or the entry of a Qualified Domestic Rclations Order as
contemplated by Articlc VI.
Section 1.3 Al!reement Continecnt on Divorce. If the contcmplatcd divorce is not grantcd
within thirty (30) days from the date on which this Agreemcnt is executcd, thc Agrcement shall be
null and void and of no further force and effect.
ARTICLE II
DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE
Section 2.1 Cooperation in Effectine 3301(c) Divorce Action. Husband previously filed
for a Section 3301(c) Divorce action in the Court of Common Pleas of Cumberland County,
Pennsylvania. Husband and Wife agree to execute Affidavits of Consent and Waivers of Notice of
Intention to Request Entry of Divorce Decree, and to promptly request the Court to enter a Divorce
Decreeo
ARTICLE III
DISCLOSURES
Section 3.1 Warrantv of Full Disclosure. Each Party represents and warrants that he or she
has made a full and fair disclosure to the other of all of his or her property interests of any nature,
including any mortgage, pledge, lien, charge, security interest, encumbrance. or restriction to which
any property is subject. Each Party further represents that he or she has made a full and fair
disclosure to the other of all debts and obligations of any nature for which he or she is currently
liable or may become liable. Each Party further represents and warrants that he or she has not made
any gifts or transfers for inadequate consideration of marital property without the prior consent of the
other. No representation or warranty by either Party in this Agreement or in any writing furnished
pursuant to this Agreement contains any untrue statement of a material fact, or omits any material
fact required to make the statement not misleading.
Section 3.2 Litieation. There are no actions or proceedings pending against either Party or
involving any marital property at law or in equity, or before any federal, state, municipal, or other
governmental body. Neither Party is aware of any facts that might result in any action, suit, or
proceeding against either Party or against any marital property. Neither Party is in default with
respect to any order or decree of any court or of any governmental body, and no marital property is
liable for the payment of any obligation by order or decree of any court or governmental body.
Section 3.3 Tax Return Filinl!s. All federal, state, and local tax returns required to be filed
by the Parties have been filed, and all federal, state, and local taxes required to be paid with respect
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including pcnultics and interest, related to thc joint income tax returns of the Parties for all ycars
prior to the 1998 tax year.
Section 5.2 Tax Returns for Year of Divorce. Each Party shull file a separate return for the
year of divorcc, and shall be solely responsible for the paymcnt of his or her own taxes as rcflected
by the tux returns. Each Purty agrees to continuc to make all books, records, tax rcturns, journals,
ledgers, and any other bookkeeping or financial information of any nuture available to the other at
any time aftcr thc judgment of divorce. Each Party shall be ullowed to consult with the accountants
or tax counsel of thc other for thc purpose of gathering any information neccssary for thc preparation
and filing of any tax return, The Parties agree that, to the extent permitted by law, all deductions and
tax credits for thc year of divorce that accrued during the existence of the marriage shall be divided
equally between them on their state and federal income tax returns.
ARTICLE VI
EQUITABLE DISTRIBUTION OF PROPERTY
Section 6.1 The Purties agree that all of the property which they presently own jointly or
severally, whether real, personal or mixed, and of whatever kind or nature and wherever situuted, und
ull property in which either has any interest, shall be divided in accordance with the terms of this
Agreement.
Section 6.2 Wife's Retirement Benefits. Husband and Wife, with the advice and
consultation of their respective attorneys, have carefully and thoroughly considered the interests of
Wife in the CH&HS Employees' Retirement Plan and the Individual Retirement Account maintained
by Wife with Dreyfus Investment Services Corporation as of June 22, 1998 (collectively, "Wife's
Retirement"). Husband and Wife agree that Wife shall be entitled to the full benefits available to her
under Wife's Retirement. Husband agrees not to assert any claim to or under Wife's Retirement, and
by this Agreement releases all claims, rights and interest in any and all benefits under Wife's Retire-
ment. Husband knowingly, voluntarily and intelligently waives a specific disclosure by Wife of, or
an independent valuation of, the exact present value of either Wife's total interest in Wife's
Retirement, or the portion of Wife's intercst in Wife's Retirement that is attributable to the period of
the Parties' marriage.
Section 6.3 Husband's Retirement Benefits. Husband and Wife, with the advice and
consultation of their respective attorneys, have carefully and thoroughly considered the interests of
Husband in the Bricklayers and Trowel Trades International Pension Fund and the Bricklayers and
Allied Craftworkers Local Union Officers and Employees Pension Fund (collectively, the
"Internationul Retirement"), and the Union Trowel Tradcs of Central Pennsylvania Pension Plan.
Husband and Wife agree that Husbund shall be entitled to the full benefits available to him underlhe
Intemational Retirement. Wife agrees not to asscrt any claim to or under Husband's Intcrnational
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Retirement, and by this Agreemcnt releases all claims, rights and interest in any and all benefits
under Husband's International Retirement. Wife knowingly, voluntarily and intelligently waivcs a
specific disclosure by Husband of, or an independent valuation of, the exact prescnt value of either
Husband's total interest in Husband's International Retirement, orthe portion of Husband's interest
in Husband's International Retirement that is attributable to the period of the Parties' marriage.
Husband agrees to transfer a portion of his monthly pension retirement benefit in the Union Trowel
Trades of Central Pennsylvania Pension Plan to Wife amounting to One Thousand Six Hundred
Twenty-five ($1,625.00) Dollars, pursuant to the terms of a proposed Qualified Domestic Relations
Order ("QDRO") which is attached hereto as "Exhibit A" and incorporated herein by reference. The
Parties shall jointly submit the QDRO for review and approval by the Union Trowel Trades of
Central Pennsylvania Pension Plan. Upon receipt of approval, the QDRO shall be submitted to the
Court of Common Pleas of Cumberland County in No. 99-936 Ci vii, along with the Di vorce Decree
and supporting documents.
Section 6.4 Real Property. Husband and Wife acknowledge that the marital residence is
located at 209 Longs Gap Road, Carlisle, Cumberland County, Pennsylvaniao The property is owned
by Alice P. Stine, mother of Wife, The property is subject to an Installment Sale Agreement entered
into April 15, 1998, between Alice P. Stine and Husband and Wife, which is recorded in the Office
of the Recorder of Deeds of Cumberland County, Pennsylvania. On the date of execution of this
Agreement, Husband shall deliver to Wife's attorney a quitclaim deed, or a document in a form
acceptable to Husband's attorney to be prepared by Wife's attorney, conveying to Wife all of
Husband's right, title, claim and interest in the real property located at 209 Longs Gap Road,
Carlisle, Cumberland County, Pennsylvania, under the Installment Sale Agreement. Wife's attorney
shall retain custody of the quitclaim deed or other document as escrow agent pending the effective
date of this Agreement. If this Agreement does not become effective, the document shall be returned
to Husband's attorney. If this Agreement becomes effective, Wife's attorney may proceed to record
the quitclaim deed and/or take any other action with respect to the document. After the effective date
of this Agreement, Wife shall keep Husband indemnified and held harmless from any liability, cost
or expense, including attorneys fees, which is incurred arising out of or relating to the Installment
Sale Agreement.
Section 6.5 Contents of Real Property. As of the cffective date of this Agreement,
Husband shal1 set over, transfer and assign all of his right, title and interest in all of the contents of
the real property of whatever nature currently located in the real property. By these presents,
Husband waives, releascs, renounces and forever abandons whatever claims he may have with
respect to any of the contents which shall become the sole and separate property of Wife after the
effective date of this Agreement.
Section 6.6 Other Property. To the extent that Husband and Wife prcsently have in their
possession any other marital propcrty, Husband and Wife agree to set over, transfer and assign to the
other party al1 right, title and interest to the propcrty currently in the possession of the other party.
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By these presents, cach of the Partics hcreby specirically waives, rclcascs, renounccs and forever
abaadons whatcver claims hc or shc may have with rcspect to any items of marital property currently
in the possession of thc othcr party.
Section 6.7 Waiver bv Parties of Valuation of Assets. Each of the Parties, after an
opportunity to consult with their respective allorneys, have knowingly, intelligcntly and voluntarily
agreed to the property division providcd for herein, without requiring any valuation of, appraisal of,
or disclosure by one another of the specific value of, any of the property or assets divided herein,
including but not limited to the said rcal estate, employee benefit plan rights, bank accounts,
automobiles, and other personal property.
Section 6.8 Joint Debts and Oblil!ations of Parties. Husband and Wife represent and
warrant to each other that, exccpt as provided herein, neithcr one has contracted, or in the future will
contract, for any debts, charges, or liabilities whatsoever, for which the other party, or their property
or their estates, shall be, or may become, liable or responsible, and will at all times keep each other
free, harmless and indemnified against and from any and all debts and liabilities heretofore, or
hereafter, contracted or incurred by the other, except as expressly provided in this Agreement.
ARTICLE VII
MISCELLANEOUS
Section 7.1 Mutual Release. Subject to the provisions of this Agreement, each party has
released, discharged and, by this Agreement, docs for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, release and discharge the other from all cause
of actions, claims, rights or demands whatsoever, in law or equity, which either of the Parties ever
had, now have, or can have at any time against the other, specifically including rights or claims to
spousal support, alimony, alimony pendente lite, allomeys' fees and expenses, and equitable
distribution of marital property, except for any cause of action for divorce from the bonds of
matrimony and any cause of action for breach of any provisions of this Agreement.
The Parties hereto expressly relinquish and waive any and all rights that they may have now
or ia the future to claim and/or obtain spousal support, alimony pendente lite, alimony, attorneys'
fees and expenses or equitable distribution of property.
Section 7.2 Estate Release. Except as herein otherwise provided, each party may dispose of
his orherproperty in any way, and each party hereby waives and relinquishes any and all rights he or
she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share
in the property or the cst ate of the othcr as a result of the marital relationship, including without
limitation dower, courtesy, statutory allowance, widow's allowance, right to take property under
equitable distribution, right to take in intestacy, right to take against the will of the other, and right to
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act as administrator or executor of the other's cstate; and each will, at the request of the other,
execute, acknowledgc, and dclivcr any and all instruments which may be necessary or advisable to
carry into effect this mutual waivcr and rclinquishment of all such intercst, rights and claimso
Section 7.3 Documents. Each party shall, at the request of the other, execute, acknowledge
and deliver to the other party any documcnts which may be reasonably necessary to give full force
and effect to this Agreemcnt.
Section 7.4 Voluntarv Execution and Fairness of Al!reement. Each party acknowledges
that this Agrecment has been entercd into of his or her own volition, with full knowledge of the facts
and full information as to thc Icgal rights, liabilities and the assets of the other, and that each believes
this Agreement to be reasonable under thc circumstances and not the result of any duress or undue
innuence,
Section 7.5 Modification and Waiver. A modification or waiver of any of the provisions
of this Agreement shall be effective only ifmade in writing and executed with the same formality as
this Agreement. The failure of either party to insist upon strict performance of any of the provisions
of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar
nature.
Section 7.6 Situs. This Agreement shall be construed and governed in accordance with the
laws of the Commonwealth of Pennsylvania.
Section 7.7 Entrv as Part of Decree. It is the intention of the Parties that this Agreement
shall survive any action for divorce which may bc instituted or prosecuted by either party, and no
order, judgment or decree of divorce (temporary, interlocutory, final, or permanent) shall affect or
modify the financial terms of this Agreement. This Agreement shall be incorporated into any Decree
in Divorce which may be entered with respect to the Parties.
Section 7.8 Non-Merger of Agreement and Decree. It is the Parties' intent that this
Agreement does not merge with the Divorce Decree. but rather shall continue to have independent
contractual significance. Each partv maintains his or her contractual remedieso
, Section 7.9 Breach. If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach, or to seek such other
remedies or relief as may be available to him or her, and the party breaching this Agreement should
be responsible for payment of any and all reasonable attorney's fees, legal costs and expenses
incurred by the other in enforcing their rights under this Agreement.
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(a)
Date and manner of service of the Notice of Imention to File Praecipe to
Transmit Record, a copy of which is attached: NA
21,2002.
(b) Date Plaintiff's Waiver of Noticc was filed with the Prothonotary: March
(c) Date Defendant's Waiver of Notice was filed with the Prothonotary:
March 21, 2002.
Respectfully submitted,
JOHNSTON & DtAMOND
Suite 100, 150 Corporate Center Drive
Post Office Box 98
Camp Hill, Pennsylvania 17001-0098
(717) 975-5500
Dated: March 21, 2002
Attomeys for Plailltijf
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GLENN R. GARMAN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW - DIVORCE
DOCKET NO. -fq - 13(; {~
NOTICE TO DEFEND AND CLAIM RIGHTS
ELIZABETH GARMAN,
Defendant
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 01' annulment may
be entered against you by the Court. A judgment may also be entered against you for
any other claim 01' relief requested in these papers by the Plaintiff. You may lose
property 01' other rights important to you, including custody 01' visitation of your chil-
dren.
When the ground for divorce is indignities 01' irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available at the office of the Prothonotary of Cumberland County, at the Cumberland
County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED YOU M.AY 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.
Cu,llberlancl.C_..LJ L~:el R.f"uil:l Service 0.. 1 "
~mberland County CB~,L AJa,il'lis. t..ntor uav )OG-L-tt~Pn
Gttmb~rlaml C8tlnt,-Cou~se ,J. Ll ruA I..- 1K--...
Carlisle, Pennsylvania 17013 l
(717) 210 aS8G
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GLENN R. GARMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v,
CIVIL ACTION - LAW - DIVORCE
ELIZABETH GARMAN,
Defendant
DOCKET NO. 99-936 - CIVIL
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
113301(c) AND ll3301(d) 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, law-
yer'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. CoSo ll4904 relating to unsworn
falsification to authorities.
Date: \ d.- \ D - a \
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GLENN R. GARMAN
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7, Function to Which Order Relates. This Order relates to thc division of marital
property that was acquired, accumulated or accrued by the parties during the period of their mar-
riage; to wit, the benefits and benefit rights that have accrued with respect to the Participant un-
der the Plan.
8. Right of Alternate Payee to Receive Benefits. The right of the Alternate Payee
to recei ve a portion of the benefits and benefit rights as a separate interest, that have accrued with
respect to the Participant under the Plan, the amount of which is determined and described in
Paragraph 9 of this Order, is hereby created and recognized.
9. Amount of Benefit to be Paid to Alternate Payee's Benefits. Participant's Plan
benefits payable to the Alternate Payee shall be One Thousand Six Hundred Twenty-five
($1,625.00) Dollars per month in the form of an Employee-Only Pension Benefit, during the life-
time of the Alternate Payee, beginning at the date Pmticipant begins receiving benefits, but not
later than the Participant's Normal Retirement Date. Should Alternate Payee predecease the Par-
ticipant, the monthly pension benefit paid to the Alternate Payee shall be paid to the Participant.
10. Commencement Date of Payment to Alternate Payee. The amount of the
benefit set forth in Paragraph 9 of this Order is to become payable to the Alternate Payee as soon
as administratively feasible on or after thc date the Participant commences receiving benefits un-
der the Plan, but not later than the Participant's Normal Retircment Date. The Alternate Payee
shall complete such distribution request forms and provide such additional information tiS may
be reasonably requested by the Plan Administrator. The Alternate Payee's benefit shall be re-
duccd as may be required by the Plan to reflect early retirement, the age of the Alternate Payee,
and the form or type of such benefit. Payment shall not be made before notice is given to the
3
parties or their legal representatives From the Plan Administrutor that this Order constitutcs a
Qualified Domestic Rclations Ordcr.
J I. Form of Paymcnt to Alternate Payee. Thc Alternate Paycc's bcncfits are pay-
able independent of the Iifc of thc Participant, in thc form of an Employcc-Only Pcnsion avail-
able under the Plan. Any actuarial or othcr bcnefit adjustmcnts required under the Plan shall be
applied to the Alternate Payee's benefit.
12. Length of Time Bencfits Will be Paid to the Alternate Payee. The benefits
paid to the Alternate Payee shall be paid to her For her own separate, independent lifetime, and
upon her death, shall be paid to the Participant if he survives the Alternate Payee.
13. Pre-Retirement Death Benefits. In the event the Participant predeceases the Al-
ternate Paye~, and neither the Participant nor the Alternate Payee has commenced benefits under
the Plan, such Alternate Payee shall be designated as the surviving spouse for the amount of the
benefit set forth in Paragraph 9 of this Order, for purposes of establishing the Alternate Payee's
entitlement to receipt of this monthly pre-retirement survivor annuity. For purposes of determin-
ing the eligibility for such surviving spouse benefits, the Alternate Payee and the Participant
have satisfied the one- (1) year marriage requirement as enumerated in Sections 401(a)(11) and
4 J 7(d) of the Code, and as may be required under the provisions of the Plan,
This designation only applies to the Alternate Payee's interest in the marital property
component of the Participant's accrued bcnefit as set Forth in Paragraph 9 of this Order. The Al-
ternate Payee shall be treated as a surviving spouse of such Participant only for purposes of any
pre-retirement surviving spousc bencfits that are attributablc to the amount set f0l1h in Paragraph
4
9 of this Order, and any subsequent spouse of the Pm1icipant shall not be treated as a spouse of
the Participant of such marital property component.
14. Certification of Necessary lnformation, All payments made pursuant to this
Order shall be conditioned on the certification by the Alternate Payee and the Participant to the
Plan Administrator of such information as the Plan Administrator may reasonably require from
such parties to make the neccssary calculation of the benefit amounts contained herein.
15. Tax Treatment of Distributions Made Under this Order, For purposes of Sec-
tions 402(a)(I) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or
former spouse of the Participant shall be treated as the distributee of any distribution or payments
made to the Alternate Payee under the terms of this Order, and as such, will be solely responsible
for, and bear the burden of, all federal income taxes, penalties and interest, if any, payable with
respect to any benefits payable to the Alternate Payce pursuant to this Order. The Plan shall is-
sue individual tax forms as may be required by the Internal Revenue Service, and for local or
state taxes as may be appropriate, to each rccipient separately for amounts paid by the Plan to
each such person.
16. Suspension, In thc cvent the Pm1icipant rcturns to work after retirement, and if in
such event the benefits may be suspended under the Plan, nevertheless the Alternate Payee's
benefits shall not be suspendcd.
17. Determination of Qualified Status, A copy of this Order shall be delivered to
the Plan Administration who shall promptly notify the Participant and the Alternate Payee of its
receipt. Upon determining, within a reasonable timc, the qualified status of this Order, the Plan
Administrator shall promptly notify the partics of the determination.' Should this Ordcr be de-
5
termined to bc qualificd, the Plan Administrator shall thcrcaftcr carry out thc provisions of this
Order.
18. Maintaining Qualified Status. It is thc intention of thc Court and the partics that
this Order continue to qualify as a Qualified Domestic Rclations Order under Section 414(p)(l)
(A) of the Intcroal Revenue Code, 26 U.S.C, S4l4(p)(l)(A), and Scction 206(d)(3)(B)(i) of the
Employee Retirement Income Security Act, 29 U.S.C. SI056(d)(3)(B)(i), and any Regulations
that have been or may be issued thereunder. If changes are subsequently made in any statute or
regulation affccting the qualified status of this Order, this Order shall be promptly modified upon
the request of any party or the Plan Administrator so as to maintain its qualified status.
19. Successor or Predecessor Plans. Should the Plan be substituted or replaced for
any reason by one or more successor plan or plans, this Order and the Alternate Payee's rights
hereunder shall apply equally to any successor plan or plans. This Order and the Alternate
Payee's rights hereunder shall also apply equally to any benefits or benefit rights accrued by the
Participant under any predecessor plan, the liabilities of which have been transferred to the Plan.
Any changes in Plan Administrator, Plan Sponsor or Plan name shall not affect the rights of the
Alternate Payee under this Order.
20. Effect of Plan Termination. Should the Plan be voluntarily or involuntarily ter-
minated, and should thc Participant's bencfits become payable by the Pension Benefit Guaranty
Corporation, the Alternate Payce's benefits as provided in this Order shall also be payable by the
Pension Bcnefit Guaranty Corporation to the same extent as the Participant's benefits in accor-
dance with thc lClmination provisions of the Plan.
6
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GLENN R. GARMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
CIVIL ACTION - LA W - DIVORCE
ELIZABETH GARMAN,
Defcndant
DOCKET NO. 99-936 - CIVIL
MOTION FOR APPOINTMENT OF MASTER
Defendant, Glenn R. Garman, movcs the COllli to appoint a master with respect to the
following claims:
(X) Divorce
( ) Annulment
(X) Alimony
(X) Alimony Pendente Litc
(X) Distribution of Property
( ) Support
(X) Counsel Fees
(X) Costs and Expenses
and in support of the Motion states:
I. Discovery is complete as to the clams for which the appointment of a Master is
requested.
2. Defendant has appeared in the action by her attomcy, Thomas J. Williams,
Esquire, Malison, Deardorff, Williams & Otto, Tcn East High Street, Carlisle, PA 17013.
3, The statutory grounds for divorce is Section 3301(d) of thc Divorce Code.
4. The action is contcsted with respect to thc following claims:
a. Alimony
b. Alimony Pendentc Lite
c. Distribution of Propeliy
d. Counsel Fees
c. Costs and Ex penses.
2
Hl~ 1$7 REV, 5.97
CQt.lM0NW9.LTH OF PENNSYlVANIA
DEf'ARNENT OF HEAl. TH
YrrALRECOADS
Cumberland
DIVORCE
o
RECORD OF
OR ANNULMENT
(CHECK ONE) 0
ISTATE FILE NUMBER
COUNTY
STATE FILE DATE
HUSBAND
1. NAME (FitS') (Middtl} (Last} 2. DATE (_/hI (Day) (Vaar)
Glenn R, Garman OF July 14, 191.3
BIRTH
3, RESIDENCE Strnslot'R,D. City, 80m. rxn.p. Coonty S'al6 4, PLACE (Sta'o or Fortl/gn ColJlltry)
1851 Wexford Road Palmyra, Lebanon Count 17078 OF Pennsylvania
, PA BIRTH
5. NUMBER 6. RACE 7, USUAl-OCCUPATION
OF THIS 2 WHITE Labor union official
MARRIAGE
WIFE
6. MAIDEN NAME (First}
Elizabeth B. Stine
(Mdde}
9. DATE
OF
BIRTH
1. PLACE
OF
PA 17013 BIRTH
14. USUAL OCCUPATION
Stalo
(LlJ3t)
(MaUll) (OilY)
July 9, 1944
(State 0(' Foreign Coontry)
Pennsylvania
(Vear)
10. RESIDENCE
209 Longs
12. NUMBER
OF THIS
MARRIAGE
15. PLACE OF
THIS
MARRIAGE
17A. NUMBER OF
CHILDREN THIS
MARRIAGE 1
20. NUMBER OF
CHILDREN TO
CUSTODY OF
22. DATE OF DECREE
SIrHtO('R.O.
Gap Road,
City, Boro. or rl'lp. County
Carlisle, Cumberland Co, ,
3. RACE
WHITE
X
(State 0.. Foreign Coontry)
1
o
16. PLAINTIFF
HUSBAND
G.9
OTHER (Specify)
o
Administrator
16. DATE OF
THIS
MARRIAGE Harch 28, 1968
9. DECREE GRANTED TO
HUSBAND
o
21. LEGALGROUNDSFOR ~3301 (D)
DIVORCE OR ANNUtJ.4ENT
Irretrievable Breakdown
(Day)
(Month)
(Day)
(Year)
(Coomy)
Berks County,
78. NUMBER OF OEPENDENT
CHILDREN UNDER 16.
PA
WIFE
o
WIFE
o
OTHER (Spedty)
o
NA
o
WIFE
o
SPUT CUSTODY OTHER (Spooty)
HUSBAND
o
o
(MoIllh)
(Day)
(Year}
23. DATE REPORT SENT
TO VITAL RECORDS
(Month)
(Year)
24. SIGNATURE OF
TRANSCRIBING CLERK
~
f.\I'IL('.s\l}^T^FIU~GtmJoc tUr'.?512.cla Illdt
Cltaltd 01I1o..'OOI2:112JPM
Kcvi5td 01l1Il000328~91'M
95121
GLENN R. GARMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 99-936
CIVIL ACTION LAW
ELIZABETH GARMAN,
Defendant
IN DIVORCE
DEFENDANT'S CLAIM FOR ECONOMIC RELIEF
AND NOW, comes the Defendant, Elizabeth Gannan, by and through her attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and makes the following claims for economic relief:
1. Plaintiff and Defendant are the joint owners as tenants by the entireties of certain real
estate which is subject to equitable distribution by this Court.
2. Plaintiff and Defendant are the owners of various items of personal property, furniture
and household furnishings acquired during their marriage which are subject to equitable distribution by
this Court.
3. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts
acquired during their marriage which are subject to equitable distribution by this Court.
4. Defendant requests your Honorable Court to allow alimony as it deems reasonable
pursuant to Section 3701 of the Pennsylvania Divorce Code.
5. Defendant requests your Honorable Court to allow her alimony pendente lite, reasonable
counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code.
WHEREFORE, Plaintiff requests the Court to enter a Decree:
a. Dissolving the marriage between Plaintiff and Defendant;
b. Equitably distributing all property owned by the parties hereto;
c. Awarding alimony as the Court deems just and reasonable;
d. Ordering payment of alimony pendente lite, counsel fees and expenses as the Court
deems just and reasonable; and
e. For such further relief as the Court may detemline equitable and just.
MARTSON DEARDORFF WILLIAMS & OTTO
Date: July 11, 2000
By V\JJ1,,,...,.....-
Thomas J. Will' , Esquire
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Defendant
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CERTIFICATE OF SERVICI~
I, Tricia D. Eckcnroad, an authorizcd agcnt for Martson DcardorffWillimns & Otto, hcrcby
ccrtify that a copy ofthc forcgoing Dcfcndant's Objection to Entry of Divorce Decree was served
this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid,
addressed as follows:
Charles W. Johnston, Esquire
JOHNSTON, ARONSON & DIAMOND
Suite 100
150 Corporate Center Drive
P.O. Box 98
Camp Hill, PA 17001
MARTSON DEARDORFF WILLIAMS & OTTO
By , {h~azJ
T icia D. Eckcnroad ~
Ten East High Street
Carlisle, P A 17013
(717) 243.3341
Dated: January 31, 2001
( ) 16.
( ) 17.
(X) 18.
(X) 19.
( ) 20.
( ) 21.
( ) 22.
( ) 23.
(X) 24.
(X) 25.
( ) 26.
,
, i
Employment termination benet'its-sevcranee pay, worker's eompcnsation
claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan vests)
Retirement plans, Individual Rctirement Accounts
Disability payments
Litigation claims (matured and unmatured)
Military/V.A. bcncfits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total category and attach
itemizcd list if distribution of such assets is in dispute
Other
MARITAL PROPERTY
Plaintiff Glenn R. Garman lists all marital property in which either or both spouses have a
legal or equitable interest individually or with any other person as of the date this action was
commenced:
Item No. Description
1. 209 Longs Gap Road, Carlisle, PA 17013;
equitable interest pursuant to a recorded
installment sales agreement
2. 1993 Jeep Wagoncer
1993 Ford F250
1992 Regal5-wheel RV
5. Mellon Bank, NA, Acel. #192-392-4649
Cash in safe at 209 Longs Gap Road
6. Mellon Bank NA, Statemcnt Savings Accl.
#00190-423706
Mcllon Bank NA, Statcment Savings Accl.
#00355-0440122
2
Name of Owners
Alice P. Stinc, Legal; Glenn R.
Gannan (GRG) and Elizabeth
Garman (EG), Equitable
EG
GRG and EO
GRG and EG
GRGandEG
GRG and EG
GRG and EG
GRG and EG
Item No. Description Nume of Owners
9. Life Insurancc - Union Trowcl Tradcs Hcalth ORO
& Wclfarc Fund - $1,000, Cclicc Horn,
bcneficiary
IUBAC Mortuary Fund - $2,000 - Cclice ORO
Horn, beneficiary
Group Life Extendicare - $15,000 - Cclice EO
Horn, beneficiary
18. Bricklayers and Trowel Trades Intemational ORO
Pcnsion Plan (fully vested)
Bricklayers and Allied Craftworkers Local ORO
Union Officers and Employees Pension Fund
(fully vested)
Union Trowel Trades of Central Pennsylvania ORO
Pension Plan (fully vested)
CH&HS Employees' Retirement Plan (fully EO
vested)
19. Mellon Bank NA, IRA EO
24. FirstCard Visa Acc!. #4250810649092 ORO
Discover Acc!. #60 I 1002450225966 ORO
Sears Acc!. #0362097884450 ORO
Wards Acc!. #224186282 GRO
Union Plus MasterCard Acct. ORO and EO
#5499450000129142
Chase Oold Visa Acct. #4262770102580126 EO
Chase MasterCard Acc!. #5465988660076871 EO
Boscov's Acc!. #003392694 EO
J C Penny's Acct. #01 13256739 ORO
FirstCard Acct. #4250810229945 ORO
Belco Visa Acct. #279200 ORO
Mellon Bank Platinum MasterCard Acct. EO
#5491371000623249
First BankCard Platinum MasterCard Acc!. ORO and EO
#5411170845746125
3
1', IFII.I:SII>r\T AFll.mGendoc curVl~ I ~.an, Illde
Cre.lled 01/10/00 I;! II 2.1 I'M
RCI'ise.l 1011I')IOIOU1;!~I'M
q~121
GLENN R. GARMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 99-936
CIVIL ACTION LAW
ELIZABETH GARMAN,
Dcfendant
IN DIVORCE
DEFENDANT'S ANSWER TO PLAINTIFF'S
PETITION FOR BIFURCATION
AND NOW, eomes Defendant, Elizabeth Garman, by and through her attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO and answers Plaintiffs Petition for Bifurcation as follows:
1-4. Admitted.
5. Admitted the parties have lived separate and apart since June 22,1998. It is further
admitted that Defendant, Elizabeth Gannan, is desirous of finalizing this divorce. The balance of
this allegation is procedural in nature and does not require an answer.
6. Admitted. By way of further answer, the prineipal economic claim has to do with
Plaintiff, Glenn R. Gannan's pensions.
7. While the Pennsylvania Divorce Code pernlits bifurcation, bifurcation is not
appropriate in this case where the Court is asked to address a division of pensions which are martial
property. Various laws and regulations give protection to a spouse with regard to the preservation,
disposition and rights to the other spouse's protection which would be placed in jeopardy in the
event that a divorce was granted prior to the Court addressing the equitable division of the pensions.
8. Denied. Plaintiff, Glenn R. Garman, sets forth no rcason for a bifurcation.
9. Admitted that undersigned counsel on behalf of Defendant, Elizabeth Garman, did
not eoncur in a bifurcation.
NEW MATTER
10. The Petition wholly fails to set forth any of the reasons why a bifurcation would
appropriately be granted; in fact, the Petition fails to set forth ~nv reason for the bifurcation.
11. As noted above, a central item of marital property arc three pensions owned by
Plaintiff, Glenn R. Gannan. A bifurcation would jeopardize Defendant's legal rights as a spouse in
these pensions. It would allow the pensions to go into pay status (which Plaintiff has indicated he
CERTI FICATE OF SERVICE
I, Tricia D. Eckcnroad, an authorizcd agcnt for MartsOll DcardorffWilliams & Otto, hcrcby
certify that a copy of the forcgoing Dcfcndant's Answer 10 Plaintiff's Petition for Bifurcalionwas
servcd this date by depositing same in the Post Office at Carlisle, I'A, first class mail, postage
prepaid, addressed as follows:
Charles W. Johnston, Esquire
JOHNSTON, ARONSON & DIAMOND
Suite 100
150 Corporate Center Drive
1'.0. Box 98
Camp Hill, I'A 17001
MARTSON DEARDORFF WILLIAMS & OTTO
~~ii;) &lfJ
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: October 9,200 I