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Home My WebLink About99-04719`ti I` `4 h, i.jr` k .:. ?) `^ye '?S i •:t • Xt W. -11r. 10.1 Mme: •:6• M. :@ •:e? •[Y• M6• •tV • •:e:• W. V.- •:E• "r, IV.- G:• '• :W •:A •:: ;t <? •:o. W@ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF r?. PENNA. Michael E. Smith, Plaintiff t t?. 99-4719 CIVIL TERM Va•,us i 0 it i i i x d Fj /Or Sharon K. Smith, .......................... Defendant DECREE IN DI VORCE AND NOW, ,January i2'' 2000it is ordered and decreed that Michael E. Smith ................................................. plaintiff, and . . . . . . . . . . . . Shar. ... . . on . K. .S.mith . . . . . . . . . . . . . . . . . . ..... . . ........ , , , 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 which a final order has not yet been entered; ........................................................................... NONE. .................................................. By T c Cou„r/ t:? Attest: Prothonotary :r} 1w, W. ••A:• W, :t :t• •:t•• t* ~*:• •:011 .- W' W. W? t?: :?• cam: ,c?:• •:?> t?T •s:• <es c?: '?: cA. ;O.; O i i i i i ,r y i 0 e i i i t 1'13 06 Cl?7 c'c scvz Michael E. Smith, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Sharon K. Smith, No. 99-4719 CIVIL TERM Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this I L' day of 9QHue+? 24-• , it appearing to the Court that: 1. The parties hereto are husband and wife and a divorce action is presently pending in this Court at the above number; 2. Plaintiff, Michael E. Smith Social Security No. 191-46-1281, hereinafter referred to as "Plaintiff' or "Participant," is a participant in The Central Pennsylvania Teamsters Retirement Income Plan, his account being No. 191-46-1281; 3. Defendant, Sharon K. Smith, Social Security No. hereinafter referred to as "Defendant" or "Alternate Payee," has raised claims of, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa. Cons. Stat. § 101 et..seq.; 4. Defendant's current and last known mailing address is 1207-B 21st Avenue ME., Hickory, North Carolina; 5. Plaintiffs current and last known mailing address is 348 Old State Road, Gardners, Pennsylvania 17324; 6. The balance of the aforementioned account as of December 31, 1998 was $90,518.31. IT IS ORDERED, ADJUDGED AND DECREED as follows: The sums in the aforementioned accounts are marital property subject to distribution by this Court. 2. The sum of $10,000.00, being a portion of the balance in The Central Pennsylvania Teamsters Retirement Income Plan is awarded to Defendant, and is to be distributed to her for the purpose of providing a fund for making distribution to her pursuant to the Agreement of the parties dated 3. Payment is to commence as soon as all required applications under the Plan are submitted to the Plan Administrator. Plaintiff and Defendant are to cooperate andjointly execute all documents necessary to withdraw the funds set forth in paragraph 2 above. 4. The plan to which this Order applies is The Central Pennsylvania Teamsters Retirement Income Plan or any successor plan. 5. Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of this Qualified Domestic Relations Order shall be deducted from the proceeds payable. 6. The Alternate Payee shall have the right to roll over the benefits distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account or to an Individual Retirement Annuity. This transfer will be considered a tax-free rollover of the benefits distributed provided that the balance to the credit of the Alternate Payee is distributed or paid within one year of receipt. 7. The parties shall promptly notify the Plan Administrator of any change in their addresses from those set forth above in this Order. 8. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984 and any successor acts or amendments. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. GO JAM 13 A21 9' ?2 UV??fY PEN, iU'P, y Michael E. Smith, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. CIVIL ACTION - LAW Sharon K. Smith, No. 99-4719 CIVIL TERM Defendant IN DIVORCE MOTION AND STIPULATION FOR QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, come Michael E. Smith and Sharon K. Smith, the parties in the above-captioned action, by and through their respective counsel, and jointly make the following motion: Plaintiff and Defendant are currently husband and wife and are all of the parties to the above-captioned action. 2. Plaintiff is a participant through his employer in the retirement plan known as The Central Pennsylvania Teamsters Retirement Income Plan. 3. By written agreement dated October 6, 1999, Plaintiff and Defendant reached a comprehensive property settlement agreement which, inter alla, included distribution of the Pennsylvania Teamsters Retirement Income Plan. 5. To effectuate the agreement between the parties, Plaintiff and Defendant desire that the attached Qualified Domestic Relations Order be entered directing the Pennsylvania Teamsters Retirement Income Plan administrator to disburse the sum of $10,000.00 to Defendant. Respectfully Submitted, (717)243-5838 C R ert G. Frey Attorney for Defendant 5 South Hanover Street Carlisle, Pennsylvania 17013 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. Dated: November2J, 1999 Michael E. Smith Sharon K. Smith p3,t ??- ? :'' - < - ; . ??, ` ?:: ? ?, r-: , ? Michael E. Smith, Plaintiff vs. Sharon K. Smith Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.99-4719 CIVIL TERM 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) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail return receipt on August 6, 1999, see Affidavit of Service filed. 3.(A) Date of the execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff November 29, 1999; by Defendant November 29, 1999. 4, Related claims pending: None. 5.(b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 29, 1999. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 29, 1999. 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 Attorney for Plaintiff ?- ,,? ?? ;; ?. ,. .. W ? U ZZ O O a r m s V w? Ew E? A a mco O z v' ` LL, mt p DZo we h Clc J h, ' N P.¢> m U W 04 Z w > v ro u o H o¢ n °a a n w O O va ,L in Q F1 ¢= y m U D" u s d Lu tr W?z LL a U xwz Qy y m F .a O ZaU O 1SC Michael E. Smith, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Sharon K. Smith, No. 99- 't 7/ 9 CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM OF 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 ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 240-6195 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: 7 l 7-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Michael E. Smith, ; IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLANDCOUNTY. PENNSYLVANIA V. CIVIL ACTION - LAW Sharon K. Smith, No. 99- CIVIL TERM Defendant IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER 3301(c) OF THE DIVORCE CODE AND NOW comes Michael E. Smith, by and through Frey and Tiley, attorneys for Plaintiff, and makes the following statement: 1. Plaintiff is Michael E. Smith, who currently resides at 348 Old State Road, Gardners, Pennsylvania 17324. 2. Defendant is Sharon K. Smith, who currently resides at 371 Old State Road, Gardners, Pennsylvania 17324. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 3, 1984 in Mt. Holly Springs, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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, Plaintiff requests your Honorable Court to enter a Decree in Divorce, Divorcing Plaintiff and Defendant. COUNT II - DIVORCE UNDER 3301(d) OF THE DIVORCE CODE 8. The allegations in Paragraphs I through 7 are incorporated herein by reference and are made a part hereof. 9. Plaintiff and Defendant are now living separate and apart and have lived separate and apart since June 25, 1999, at the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. Frey & Tiley, Attorneys for Plaintiff By: Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities. Dated: August 5, 1999 .?.(f t? Michael E. Smith Michael E. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Sharon K. Smith, No. 99-4719 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT,WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE,` AND WAIVER OF MARRIAGE COUNSELING 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 5, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 without notice. 4. I understand that I may lose rights concerning alimony, division of properly, lawyer's fees, or expenses if i do not claim them before a divorce is granted. 5. 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. 6. I have been advised of the availability of marriage counseling and understand [hilt I may request that the court require that my spouse and I participate in counseling. 7. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: November Z9 1999 Michael E. Smith ?C? ???: c`. ', _.i .: ??? ?..,? ? ? t. t_ l Michael E. Smith, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Sharon K. Smith, No. 99-4719 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT,WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECR9E, AND WAIVER OF MARRIAGE COUNSELING L A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 5, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 without notice. 4. 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. 5. I understand that I will not be divorced until it 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. 6. I have been advised of the availability of marriage counseling and understand thin I may request that the court require that my spouse and I participate in counseling. 7. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the corny. I verify that the statements made in this affidavit are true and correct . 1 understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. DATE: NovemberV 1 1999 a 21l/1'L fC Sharon K. Smith L.) Y ?? ? C . ? ? l ? - ` Michael E. Smith, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW Sharon K. Smith : NO.99-4719 CIVIL TERM Defendant Divorce AFFIDAVIT OF SERVICE AND NOW, this 29th day of December, 1999, I, Robert G. Frey, Attorney for Michael E. Smith, Plaintiff in the above-captioned matter, hereby swear that I have served a true certified copy of the Complaint in Divorce, with Notice to Defend, in the above-captioned matter upon Sharon K. Smith 371 Old State Road, Gardners, Pennsylvania 17324 by depositing same in the United States Mail, postage prepaid, certified mail addressee only, return receipt requested. The return receipt card indicating service was made on August 6, 1999, is marked Exhibit "A" attached hereto, and made a part of hereof. Attorney for Plaintiff 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 Sworn and subscribed to before me this 29th day of December, 1999 NOTARIAL SEAL GLORIAY. RUEGER. NOTARY PUBLIC CARLISLE MORO, CUMSERL. ND COUNTY , MY COMMAISION EXPIRES SEPTEMBER 15.7W. No( •G •Pr •A O q •W A 7 •n a 3.1 ?I 5.1 ? T ', s Ps 7 endfor 2 for eddttoW sorvkes. 3, 44, and 4b, end eddreu on the M"mr, of efa form so that we can MIum INS to the from of the me0080e, or on the beck If Spew aee not owq RsgwSW'on the maMpteoe below the edlde number, mcm we Now to whom the edids was delivered end the dote Sharon K. Smith c/o Marlin Kuhn 371 Old State Road Gardners PA 17324 1994 I also wish to receive the following services (tor an extra tee): 1. ? Addressee's Address 2ARestdcted Delivery consult postmaster for fee. Q ? Registered ? Express Mail 10259S97 s 0179 paid) EXHIBIT "A" x 6 'A Certified m ? Insured e Merrhendse ? COD a Wass (only if requested - C ?- r ' .. Lf I'.1 I?iJ I