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HomeMy WebLinkAbout99-03390f MYERL E. SEIBERT, Plaintiff V. PATRICIA A. SEIBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99- 3 3 9 o CIVIL TERM 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. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office 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 A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 MYERL E. SEIBERT, IN TI-IE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 99- 33g0 CIVIL TERM PATRICIA A. SEIBERT, : IN DIVORCE Defendant COMPLAINT UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff, Myerl E. Seibert, by 1-tis attorney, Lindsay D. Baird, Esquire, sets forth the following: Plaintiff, Myerl E. Seibert, is an adult individual residing at 423 Shippensburg, Road, Newville, Cumberland County, Pennsylvania. 2 Defendant, Patricia A. Seibert, is an adult individual residing at 418 First Street, Carlisle, Cumberland County, Pennsylvania. 3 The parties were married on November 6, 1971, in Carlisle, PA. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any otherjurisdiction within the knowledge of the Plaintiff. i i 7 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. mdsay D. Baird, Esquire Attorney for the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I. I verify that to the best of my knowledge and belief, the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of I8 Pa.C.S.§4904 relating to unsworn falsification to authorities. Myerl ugene ' ibert, Plaintiff MYERL E. SEIBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 99- CIVIL TERM PATRICIA A. SEIBERT, IN DIVORCE Defendant NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE The parties to this action separated on or about May 1997 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage between the parties is irretrievably broken. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 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. 1999 ? 'fal?-_ Date T ERL E. SEIBERT, Plaintiff MYERL E. SEIBERT, Plaintiff v PATRICIA A, SEIBERT, Defendant COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE Check either (a) or (b) : 2. Check either (a) or (b) : _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both) : (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyers's fees or expenses if I do not claim them before a divorce is granted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99- CIVIL TERM IN DIVORCE I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom falsification to authorities. Date 1999 PATRICIA A SEIBERT, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not Nvish to matte any claim for economic relief, you need not rile this counter-affidavit. ?^ `? A ?f `Jj '^ M .-? i q re N n ??:) N Q c? ? n?, ?,:? ?. ?Eid ?' ? ? r CIS2 O m U ? v Q r 4 ?? MYERL E. SEIBERT, Plaintiff V. PATRICIA A. SEIBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO.99- 3SgO CIVIL TERM IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b) : (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both) : (i) The parties to this action have not lived separate and 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 rights concerning alimony, division of property, lawyers's fees or expenses if I do not claim them before a divorce 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 verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom falsification to authorities. 111 , 1999 zzz" Date PA RICIA A EIBERT, 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 need not file this counter-affidavit. .:% ^- i ? P: r 1.=: UJ-- U °" iJ ?? ?.?.. .: G'.. 'l ?l O ?-• r i.7 ??'; -7 1_ ? ..:. i. V C,l (]? :J U MYERL EUGENE SEIBERT, Plaintiff V. PATRICIA A. SEIBERT, Defendant To: Curtis Long, Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99- 3390 CIVIL TERM IN DIVORCE PRAECIPE Ott rl'G Please do not the above outstanding civil case on October 22, 2002. The parties in this case are currently working toward the resolution of outstanding issues in their settlement. Respectfully submitted, Dated: October 17, 2002 !ndsay D. Baird Esquire Attorney for the -Plaintiff 37 South Hanover Street Carlisle, PA 17013 (717) 243-5732 i c a, r , U U MYERL E. SEIBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICIA A. SEIBERT, Defendant No. 99-3390 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, it appearing that docket activity has occurred recently in the above-captioned case, the case is stricken from the purge list, and shall remain active. By the Court, Lindsay Dare Baird, Esquir For the Plaintiff Patricia A. Seibert 418 First Street Carlisle, PA 17013 Defendant Court Administrator wcy 1 Cn ". W'esley 016r,) Jr., J. e h o k ce' 11w (.LeL- I(-(q( -4 -flie JR.) _ 1 ?. i {: ? ?..\/ ?•t?i. .. ,• 1? 1 ?"?_1 .? . _ i•1 .?, ???i ??•? MYLR L ? . SE i BERT V5 p?Rl (,1 ? A, SEI BER l ?°?-330 Case No. Statement of Intention to Proceed To the Court: ?" ?,-Tg wf t Su pF-R' ` intends to pros c wi t th ab ve c psi t d natter. Q?u?. R . Print Name_ OR R Sign Name Date: 1 Q ?? Attorney for lJJerh14+1 Ni0t " . ? G ? ( 41 Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule ofcivil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The terntinationof these cases for inactivity was previously governed 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 accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set fonh in subdivision (a) of that rule continues to be applicable. II 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 patties do not wish to pursue the case, they will take no action and "the prothonotary shall enter an order as of course temminatiug the matter with prejudice for failure to prosecute." if a puny 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 bear rera:iuaad If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rulc230(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 Ixuh 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 shiny-day period under subdivision (d)(2). B. Where the action has nor been terminated An action which has not been terminated but e'hich continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of tennination under Rule 230.2. a G-iu o O o U NOY 0 2 2007,4 MYERL E. SEIBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PATRICIA A. SEIBERT, NO.99-3390 CIVIL TERM Defendant/Petitioner IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER FOR INTERNATIONAL PAINTERS AND ALLIED TRADES INDUSTRY PENSION FUND This Order is intended to be a Qualified Domestic Relations Order ("QDRO"), as that term is defined in section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §1056(d) and section 414(p) of the Internal Revenue Code of 1986 ("Code"), 26 U.S.C. §414(p). This QDRO is granted in accordance with (applicable state domestic relations law citations), which related to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION 1. IDENTIFICATION OF PLAN This Order applies to benefits under the International Painters and Allies Trades Industry Pension Fund ("Plan"). The Board of Trustees is the Plan Administer of the Plan for purposes of ERISA. This Order shall be served upon the Plan at 1750 New York Avenue, N.W., Suite 501, Washington, DC 20006-5387, Attn: Gary J. Meyers, Administrator, for a determination of its status as a Qualified Domestic Relations Order under 29 U.S.C. §1056(d)(3). SECTION 2. IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYEES a. Myerl E. Seibert is referred to as the "Participant". The Participant's address is 111 Regency Woods North, Carlisle, Pennsylvania 17015. The Participant's Social Security Number is 169-44-6747. The Participant's date of birth is July 30, 1952. The Participant is not receiving benefits with respect to this Plan. b. Patricia A. Seibert is referred to as the "Alternate Payee". The Alternate Payee's address is 418 First Street, Carlisle, Pennsylvania 17013. The Alternate Payee's Social Security Number is 182-46-1665. The Alternate Payee's date of birth is May 28, 1955. The Alternate Payee is the spouse of the Participate. SECTION 3. AMOUNT OF BENEFIT TO BE PAID TO ALTERNATE PAYEE Starting at the time specified in section 5, the Plan shall pay to the Alternate Payee an amount actually equivalent to the value of 30% of the Participant's accrued benefit under the actuarial assumptions used by the Plan. The Participant's accrued benefit shall be determined as of date of Divorce. Page 1 of 5 4 SECTION 4. ACTUARIAL ADJUSTMENTS The Plan may adjust the amounts payable to Participant or Alternate Payee to assure that the total benefits paid to Participant, Alternate Payee and any Contingent Alternate Payee under this Order do not have an actuarial value in excess of the actuarial value of the benefits the Participant and a spouse or beneficiaries otherwise would receive under the Plan and ERISA. All adjustments shall be calculated using the actuarial assumptions of the Plan except as otherwise provided by applicable law, including the Code. If the Plan adjusts the Participant's benefit after it approves this Order, any reduction shall be applied by decreasing pro rata the Participant's and the Alternate Payee's benefits/the value of the Participant's remaining accrued benefit first/the value of the Alternate payee's interest first/specify another way. Any increase shall be applied by increasing pro rata the Participant's and the Alternate Payee's benefits/the value of the Participant's remaining accrued benefit first/ the value of the Alternate Payee's separate interest first/specify another way. SECTION 5. START OF PAYMENTS TO ALTERNATE PAYEE The Plan shall start payments to the Alternate Payee on at or after the earliest retirement date of Participant under 29 U.S.C. §1056(d)(3)(E)(ii) under Plan payment procedures including submission of a property completed application. The payments shall be based upon employment from May 1979 until June 1997. SECTION 6. END OF PAYMENTS TO ALTERNATE PAYEE The Plan shall stop payments to the Alternate Payee at the death of Alternate Payee. SECTION 7. FORM OF PAYMENT a. With respect to any payments after Participant retires, benefits shall be paid in any form chosen by Participant which is not inconsistent with the term and amount of payments to Alternate Payee required under this Order. b. If Alternate Payee may and does elect payment before Participant retires, the benefits payable to Alternate Payee shall be calculated as if the Participant then retired with a joint & 50% survivor annuity for Participant and Alternate Payee under the Plan based only on benefits actually accrued and without taking into account any early retirement subsidy or supplement. C. If the Participant subsequently retires, the benefit shall not be recalculated so that the Alternate Payee also receives the amount paid before the Participant retired and 30% of early retirement subsidy or supplement. d. If a different form of payment is necessary to allow payment to Alternate Payee at the time and in the amounts specified elsewhere in this Order, the Plan shall treat this Order as an election of that form and adjust payments to Page 2 of 5 2 Participant, Alternate Payee and any Contingent Alternate Payee accordingly. SECTION 8. DEATH OF PARTICIPANT Notwithstanding anything else in this Order, payments under this Order will stop at the death of Participant except as to death benefits under the Plan, payment to an Alternate Payee who is a spouse entitled to receive payment for the balance f her life or payment to an Alternate Payee of Contingent Alternate Payee over a period certain allowed by the Plan under this Order. If Alternate Payee is a surviving spouse who is to be paid for her life after the death of Participant under a joint and survivor form of payment, Alternate Payee shall continue to be treated as the Spouse of Participant with respect to amounts payable under this Order. SECTION 9. DEATH OF ALTERNATE PAYEE a. If Alternate Payee dies before commencing benefits and section 2 of this Order does not provide for an eligible Contingent Alternate Payee on the Alternate Payee's death, the Alternate Payee's separate interest shall revert to the Participant. SECTION 10. SPOUSAL RIGHTS OF FORMER SPOUSE AS ALTERNATE PAYEE If Participant dies before commencing benefits, and has no surviving spouse or designated beneficiary at the time, Alternate Payee have the rights set forth below: a. The Plan shall treat the Alternate Payee as the Participant's spouse for purposes of the Participant's survivor annuity resulting from the accrued benefit which remains with the Participant. The Alternate Payee's right to the spousal survivor annuity shall apply to 50% of the survivor annuity resulting from the accrued benefit which remains with the Participant. b. the Plan shall treat the Alternate Payee as the Participant's spouse for purposes of the Participant's pre-retirement survivor annuity resulting from the accrued benefit in which the Participant retains a separate interest. The Alternate Payee's right to the spousal pre-retirement survivor annuity shall apply to 50% of the pre-retirement survivor annuity resulting from the accrued benefit which remains with the Participant. C. If Participant dies before commencing benefits and has no surviving spouse or designated beneficiary at the time, the Plan Shall treat the Alternate Payee as the Participant's beneficiary for purposes of any death benefit payable on the death of Participant. The Alternate Payee's right to the death benefit shall apply to 50% of the death benefit resulting from the accrued benefit which remains with the Participant. Page 3 of 5 SECTION 11. TAXES Any payment under this Order to an Alternate Payee who is a spouse or former spouse of Participant shall be reported and taxed as income to the Alternate Payee rather than the Participant. SECTION 12. COMPLIANCE WITH APPLICABLE LAWS The parties to this Order intend that it comply with applicable provisions of ERISA and the Code. Nothing in this Order shall require the Plan: a. To pay any benefits not permitted under Code or ERISA; b. To provide any type or form of benefit or any option not provided by the Plan; C. To pay total benefits with a value in excess of the value of the benefits the Participant, Alternate Payee or any Contingent Alternate Payee otherwise would receive under the Plan and ERISA in the absence of a divorce; or d. To pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another QDRO that is in effect prior to this Order. SECTION 13. RESERVATION OF JURISDICTION The Court reserves jurisdiction to amend this Order to establish or maintain its status as a QDRO under ERISA and the Code. IT IS SO ORDERED: _.,y hand and the sue`""our ie, Pa. This u ........ ........................... A Prothon Mjre . Seibert, Participa Y tricia A. eib , Alternate Payee Page 4 of 5 4 3"p'1 Date: s. 1INVAlASNN3d AiNnC,,! r r. n #3 iht?J 9 C -.01 WV £ I AON LODZ AbViC3i` OHi d 3M Jo COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ON THIS, the 11"day of a4()hj-X , 2007, before me, the undersigned officer, personally appeared Myerl E. Seibert, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, i hereunto set my hand and official seal. -" RMPILWOM Mdov %uft f? (,-? "I J L W w z ,zoio Ro in L. Sta , Notary Public WW COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ON THIS, the day of (?C ?rbkk, , 2007, before me, the undersigned officer, personally appeared Patricia A. Seibert, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOMM sE/IL ROM L SWOM Notary 1rbNc CARLISLE 9M000FI, CUM MOM COMM My COIfMflI W Dow Jw 27, = 3 1 ?jl Robin L. Star , Notary Public Page 5 of 5 5 ?'?lfllit??li YTOUOO 00,140 °tutit _ Oros .tt nut, tt3,8.190POS 3,',etjgAl px3 ?? vm JIBE .t1RiA=. r:,v, A?lS;,sF? J vi?BG?A alldu4 y?eai?stl 010S tS ntA, Miigx3 xs tlmma yM MYERL E. SEIBERT, Plaintiff V. PATRICIA A. SEIBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3390 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Patricia A. Seibert, in the above-captioned a,Qtion and I certify tha"am authorized to do so. DATE: June 29, 1999 By: Paul Bradford Orr, Esquire Attorney for Defendant ?.? 1i ?•} ? y ?.?X "r 1 ? .k ; ??? IA ??""; L _. MYERL E. SEIBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW PATRICIA A. SEIBERT, NO.99-3390 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on June 4, 1999. 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. 1 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. § 4904, relating to unsworn falsification to authorities. Date: k`?b erl E. Seibert, Plaintiff 1 __i." ` C C f ? .. rd , MYERL E. SEIBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICIA A. SEIBERT, NO.99-3390 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on June 4, 1999. 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. 1 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. § 4904, relating to unsworn falsification to authorities. Date: Mo ` atricia A. eibert, Defendant L c? MYERL E. SEIBERT, Plaintiff V. PATRICIA A. SEIBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.99-3390 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) & (d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. §4904, relating to unsworn falsification to authorities. Date: 11156)07 / 4z4_ Pa icia . Seibert, Defendant ? f r F ?' ? v . ?: r .) ? ., ? .-' j ?? ? ? ' ?^ ?? ?? MYERL E. SEIBERT, Plaintiff V. PATRICIA A. SEIBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO.99-3390 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) & (d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. §4904, relating to unsworn falsification to authorities. Date: 11 J30)0-7 G Myerl E. Seibe , Plaintiff c? ?. ?J xL ?j T _. ,,?' C; ?.,.- ? t , ".' , v??_ ? ?, ?-- ?'" ??? MYERL E. SEIBERT, Plaintiff V. PATRICIA A. SEIBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99-3390 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 divorce: irretrievable breakdown under Section 3301(c) or (d) of the Divorce Code. 2. Date and manner of service of the complaint: June 29, 1999, via First Class Mail to Attorney Paul Bradford Orr. 3. Date of execution of the affidavit of consent required by Section 3301(c) & (d) of the Divorce Code: by the Plaintiff on November 30, 2007; by Defendant on November 30, 2007. 4. Related claims pending: NONE 5. Date Plaintiff's Waiver of Notice in §3301(c) & (d) Divorce was filed with the Prothonotary: November 30, 2007. 6. Date Defendant's Waiver of Notice in §3301(c) & (d) Divorce was filed with the Prothonotary: November 30, 2007. JIT' By: PS 014 Date: I I I Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 r-7 S1 r ?Y NOV D 81007 MYERL E. SEIBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW PATRICIA A. SEIBERT, : NO.99-3390 CIVIL TERM Defendant/Petitioner : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER FOR INTERNATIONAL PAINTERS AND ALLIED TRADES INDUSTRY PENSION FUND This Order is intended to be, a Qualified Domestic Relations Order ("QDRO"), as that term is defined in section 206(d) of the Employee Retirement Income Security Act. of 1974 ("ERISA"), 29 U.S.C. §1056(d) and section 414(p) of the Internal Revenue Code of 1986 ("Code"), 26 U.S.C. §414(p). This QDRO is granted in accordance with (applicable state domestic relations law citations), which related to marital property- rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION 1. IDENTIFICATION OF PLAN This Order applies to benefits under the International Painters and Allies Trades Industry Pension Fund ("Plan"). The Board of Trustees is the Plan Administer of the Plan for purposes of ERISA. This Order shall be served upon the Plan at 1750 New York Avenue, N.W., Suite 501, Washington, DC 20006-5387, Attn: Gary J. Meyers, Administrator, for a determination of its status as a Qualified Domestic Relations Order under 29 U.S.C. §1056(d)(3). SECTION 2. IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYEES CURTIS R. LONG Prothonotary i Cumberland County One Courthouse Square Carlisle, PA 17013 O THE I rK ?rc'C'N0TA;RY 70,07 NOV 26 PM 8: 30 vi Mr. Myerl E. Seibert 423 Shippensburg Road Newville, PP 177d1 NIXIE A 9 If 0--n- ' ? ®wnarv 02 1A $ 00.58 0004631598 NOV15 20( MAILED FROM ZIPCODE 1 701 vKr 171 CE 1 25 11J10/07 RETURN TO SENDER INSUFFICIENT ADDRESS UNAOLE TO FORWARD :-49 Y y r ??.?• JS SC: 17013 *0119-00900-13-41 IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 190 STATE OF PENNA. MYERL E. SEIBERT, No. 3390 of 1999 Plaintiff VERSUS PATRICIA A. SEIBERT, Defendant DECREE IN DIVORCE AND NOW, lJtcewtbvr 116 2007, IT IS ORDERED AND DECREED THAT MYERL E. SEIBERT AND PATRICIA A. SEIBERT ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,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; BY THE COURT: PROTHONOTARY ---2 ?O- - el