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HomeMy WebLinkAbout99-05307Z N N U V1 t ?I Ilk) O+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. PAMELA D. SOPCZYNSKI,??? ' Plaintiff No. 99-5307 VERSUS JOSEPH C. SOPCZYNSKI, Defendant DECREE IN DIVORCE AND NOW, (0 7 2001 , IT IS ORDERED AND DECREED THAT PAMELA D. SOPCZYNSKI PLAINTIFF, ? AND T 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; I BY THE COURT PAMELA D. SOPCZYNSKI, Plaintiff vs. JOSEPH C. SOPCZYNSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5307 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Aeeeotanee of Service 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 30 Mav 2001 By Defendant: 30 May 2001 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Proecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 30 May 2001 filed contemooraneously herewlth Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 30 May 2001 flied contemporaneously herewith 4 amuel L. des Attorney for Plaintiff ? ? g y !_1 ? C L;v m O U .. T l ( _ i N J ? G G `1c T <NJ F M1 f 4: r. J t J ? w x ° v: f J 0 . 1 PAMELA D. SOPCZYNSKI, Plaintiff VS. JOSEPH C. SOPCZYNSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9? -S'2U? CIVILTERM 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 foregoing 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 in 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 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 PAMELA D. SOPCZYNSKI, Plaintiff vs. JOSEPH C. SOPCZYNSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99- 5.307 CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list, All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. PAMELA D. SOPCZYNSKI, Plaintiff VS. JOSEPH C. SOPCZYNSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9 -Sjo? CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, PAMELA D. SOPCZYNSKI, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is PAMELA D. SOPCZYNSKI, an adult individual who currently resides at 3819 Dorset Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is JOSEPH C. SOPCZYNSKI, an adult individual who currently resides in Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 9 April 1988 in New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. b. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities) DATE ?cca uS? /a', / 9 9 C PAMEL ' P ZYNSKI SamUe L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 PAMELA D. SOPCZYNSKI, 1 IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, 1 PENNSYLVANIA 1 VS. ) CIVIL ACTION - LAW 1 1 NO. 99-5307 CIVIL TERM JOSEPH C. SOPCZYNSKI, ) Defendant ) IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 1999 and was served upon the Defendant on or about 6 September 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) have elapsed from the date of filing of the complaint and the date of service of the on the Defendant. 3. 1 consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Mention to Request Entry of the Decree. 4. 1 have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming I verify that the statements made in this Affidavit are true and correct and 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. 30 May 2001 DATE 4PAI cr, U U ? V PAMELA D. SOPCZYNSKI, Plaintiff VS. JOSEPH C. SOPCZYNSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5307 CIVIL TERM IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 1999 and was served upon the Defendant on or about 6 September 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. 1 consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. 1 have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. n 30 May 2001 y C DATE J SE SOPCZYNSIt t- C, uj - C.3 J O F 2 C_l V PAMELA D. SOPCZYNSKI, Plaintiff VS. JOSEPH C. SOPCZYNSKI, Defendant 1 IN THE COURT OF COMMON 1 PLEAS OF CUMBERLAND COUNTY, 1 PENNSYLVANIA 1 I CIVIL ACTION - LAW 1 1 NO. 99-5307 CIVIL TERM 1 IN DIVORCE 1. I consent to the entry of a final decree in 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. Section 4904 to unsworn falsification to authorities. 30 May 2001 Dated: AMELA D. C VSKI CT L Lf: .' l z it u? e:j PAMELA D. SOPCZYNSKI, Plaintiff vs. JOSEPH C. SOPCZYNSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5307 CIVIL TERM IN DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, is 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 and that a copy of the decree will be sent to me immediately after it is filed with the 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. 30 May 2001 ted: Jqf S P SOPCZYt Lr: LL1? ? ?g ti ?' i = C `'? v U PAMELA D. SOPCZYNSKI, Plaintiff VS. JOSEPH C. SOPCZYNSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5307 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I hereby enter my appearance for the Defendant, Joseph C. Sopczynski, in the above-captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Divorce filed in the above action on behalf of the Defendant on b 19?' Edward J. Weintraub Attorney for Defendant 2650 North Third Street Harrisburg, PA 17110 Supreme Court ID # .?? r: ? ,< , ; =' ...<. -? _ ;,:. --- :.:? ?:.:, ? . ?= `?: . ? - .-, >; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. PAMELA D. SOPCZYNSKI, Plaintiff N O. 99-5307 _ VERSUS JOSEPH C. SOPCZYNSKI, Defendant DECREE IN DIVORCE AND NOW. DECREED THAT AND PAMELA D. SOPCZYNSKI 2001 , IT IS ORDERED AND JOSEPH C. SOPCZYNSKI 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; NONE BY THE COURT: ATTEST: J. PROTHONOTARY } C) } lD 1 ? ' r 1 ) ? c •?< J L i ? 31fL ' 7 f Q a n f p t ? N 'r W p N W a ° m ,i F o 47 n .. i w a l yl?, r I PAMELA D. SOPCZYNSKI, Plaintiff VS. JOSEPH C. SOPCZYNSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5307 CIVIL TERM IN DIVORCE QUALIE[ED-D9MESTM-RELATI4N.S OEDE6 ?.t7 T AND NOW, this day of Q 2001, based upon the pef? attached Stipulation of the parties, we enter the following Qualified Domestic Relations Order in this matter: 1. The parties are in the process of concluding a divorce and property settlement. As part of that proceeding, they have agreed to divide a portion of the Plaintiff's benefits in the IBM Tax Deferred Savings Plan 401 (k) (hereinafter, the "Plan") and wish to have the court enter a Qualified Domestic Relations Order to accomplish such distribution. 2. The Defendant, JOSEPH C. SOPCZYNSKI is the plan participant (hereinafter "Participant") and his current mailing address and social security number are as follows: Joseph C. Sopczynski 4267 Nantucket Drive Mechanicsburg, Pa 17050 SSN 199-42-9719 IBM Serial Number: 988733 3. The party to whom payment is to be made pursuant to this Order (hereinafter the "Alternate Payee") is the Alternate Payee of Participant's interest in the Plan and the information regarding her is as follows: Pamela D. Sopczynski 4050 Caissons Court Enola, Pa 17025 SSN 188-56-5888 r -L 4. A loan to a participant is made by taking invested funds out of the Participant's account. The total value of the account is the value of the invested funds and any loan amounts outstanding. The available account balance is the amount of invested funds, which balance does not include amounts previously loaned out to the Participant. The distribution to the Alternate Payee specified by paragraph five (5) is made up to the limit of available funds as of the date of distribution and does not alter the Participant's obligation to repay any loans then outstanding. 5. The Plan Administrator of the Plan is hereby directed to make a lump sum distribution from the Participant's account in the plan to the Alternate Payee, as promptly after service of a copy of this Order as conveniently possible, equal to the sum of $81,390.00, as well as a pro rata share from June 30, 2000 to the date of distribution of any gains or losses in the Participant's account on that amount. 6. Effective May 19, 1995 distributions from the Plan are valued daily and the applicable valuation for the account of any specified date is based upon the preceding valuation date. The pro rata share of gains and losses is based upon the changes in unit values of the funds in which the account was allocated on the specific date. 7. If the Alternate Payee dies prior to the issuance of this Order, the Plan is to make the applicable distribution to the Alternate Payee's estate. 8. This Order is intended by the parties, and by this court, to be a Qualified Domestic Relations Order to make transfer of tax-deferred assets within Participant's account within the Plan to the Alternate Payee so that she may invest those funds in a tax-deferred account of her own. BY THE COURT, J. cori?s may&C--gyp 04? i s /or PtL'X (-4 bCJ?4 - 6.21 Ci:. ;?iiY r... ?. '. ?. .I PAMELA D. SOPCZYNSKI, Plaintiff VS. JOSEPH C. SOPCZYNSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5307 CIVIL TERM IN DIVORCE STIPULATION AND NOW comes the above-named parties and jointly represent to the court that the attached Qualified Domestic Relations Order is required to implement a provision of their Property Settlement Agreement dated 23 April 2001 and jointly move this court for the entry of that order. n 1ELA D. PIC1(f? KI Date: 5'2810 l `,. C JOS C. SOPC I Date: