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Home My WebLink About99-05707b i ? ow ?y.,? ? -_ -- ??h? ft?- "t ? _ tits r4 ??f ". ? , ? t ?i =i ???6„ .. .23ai?y'a' ? ? u `1 ??L y _ ) J IN?i ? ? i.j r? ?,'t f. f? 'Tt. J f '.1.r ?.;. n'?; " fti: ?? f .+'.. \?.? il. ?? N , -'-? ? r?? n r ? ?? i?a ? lip f e -?:u; 6 ! r j, ?:? ?? ??°' 1 i 1 1 ??? L ,v ??} , '?. ; r .'t . ??' ? ?r r? r .?? ?? ,i ? i ??? 34. ?, . I, ? P`f `*,, a, `' +? k"+ zz ?iy3 ?: 4 : ?? F t ?i 1 N ? ?S vtt y:' ..51 r ;. , ,'?, p. r r,: .?.? ?? f? ? ii .a : j _ ? . g r:"? v . ? d.? ?' :. . T ? M? J 4?? am" i I? ?.? ¢? j -) ? .? 1?¢^ :?';:: ?„•. •x •? .r, . ,ems ,? • ,?, ,?e• ce:• :r..ar.:e• •:?> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Janice S. Dugan-Mowery, ................... . Plaintiff .. Versos Robert W. Mowery, Defendant N ?, _..99.5707CIVLL.,IERM DECREE IN DIVORCE ? Qq AND NOW .. ?..! 2000 it is ordered and decreed that , Ja a S. Dugan-Mowery i6 .S Du .................................... plaintiff, and ............ Robert W. Mowery ....................... . . . 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. ...................................................... ao 4r" 01T m. J, ry +e i :? • •'w:• •w, :e•' ?:e: te: te: •:e: •:a :e:• •:a te• a:?:e: •a:• •:e: •:e:• •a: ta'<e: ? •:e:..A. i R P, 00. 9 .. 0 ri 4r 00 . . eel Janice S. Dugan-Mowery, Plaintiff V. Robert W. Mowery, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-5707 CIVIL TERM IN DIVORCE Qualified Domestic Relations Order-Defined Contribution Plan i ?L AND NOW, this day of ' ! "YAV_?_, 2000, it appearing to the Common Pleas Court of Cumberland County that: 1. The parties hereto are husband and wife and a divorce action is presently pending in this Court at the above number; 2. Robert W. Mowery(Social Security No. 173-38-5009), hereinafter referred to as "Defendant" or "Participant," is employed by and is a participant in the Carlisle Corporation Employee Incentive, his account being 173-38-5009. 3. Janice S. Dugan-Mowery (Social Security No. 350-38-8639), hereinafter referred to as "Plaintiff' or "Alternate Payee," has raised claims of, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa. Cons. Stat. § 10 1 et seq.; 4. Defendant's current and last known mailing address is 4 Liberty Court, Carlisle, Pennsylvania 17013. 5. Plaintiff's current and last known mailing address is 413 West Cypress Street, Apartment 2, Kennett Square, Pennsylvania 19348. 6. The date for determining the respective rights of Defendant and Plaintiff in the Carlisle Corporation Employee Incentive Plan is August 15, 1998, (date of separation). 7 There are no previous Qualified Domestic Relations Orders affecting any portion of the }r$ benefits payable to the Alternate Payee. =;'` rc c;a V-. 00 AUG I0 P:1 1: 19 CUivlur_ra..Ui COUYY PENNSYLVANIA "k"it. IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. A portion of the aforementioned Carlisle Corporation Employee Incentive Savings Plan account is marital property subject to distribution by this Court. 2. Fifty percent (50.00%) of the account account balance on August 15, 1998, plus actual interest earned on this amount from August 15, 1998 (date of separation) to the date that the retirement benefit is in pay status, is awarded to the Alternate Payee,Janice S. Dugan-Mowery (Plaintiff), and is to be segregated to an account in his or her name. The Participant, Robert W. Mowery (Defendant), is awarded the remainder, plus interest earned on the remainder. 3. The term of said payments is for the life of the Alternate Payee, a number of years certain, or a lump sum payment, the term to be as selected by the Alternate Payee from any payment option available to her from Carlisle Corporation Employee Incentive Savings Plan at the time the retirement benefit is in pay status. Alternate Payee shall be eligible for distribution within thirty (30) days from the date of the submission of a certified copy of this Order to the Carlisle Corporation Employec Incentive Savings Plan Administrator. 4. In the event a Plan provides the option to the Participant to elect to obtain benefits at the earliest retirement age, the benefits shall be payable to the Alternate Payee on or after the date on which the Participant attains (or would have attained) the earliest retirement age, as if the Participant had retired on that date even if the Participant has not actually retired or separated from service. 5. The plan to which this Order applies is Carlisle Corporation Employee Incentive Savings Plan or any successor plan. 6. The Alternate Payee, Plaintiff, shall have the same rights with regard to her portion of the account as are available to the Participant, Defendant, with regard to his remaining portion of the account. These rights include but are not limited to the right to designate a beneficiary of retirement benefits, the right to elect from the existing retirement dates and payment options, and the right to such increases in value in the account as might occur as a result of general upgrading of the plan, plan amendments, earned interest, profitability of plan investments, etc. but not from increases in value which result from future increases in the Participant's compensation or his future contributions to the plan. In no event shall the Alternate Payee have greater rights than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided under the plan. 7. In the event that actuarial computation is necessary to determine "actuarial equivalents" and/or the difference between benefits actually accrued, non-subsidized benefits, or employer subsidized benefits, for the purpose of the earliest retirement age option by the Alternate Payee, or otherwise, the Plan Administrator shall obtain the services of any actuary who is enrolled under subtitle C of title III of the Employment Retirement Security Act of 1974. 8. Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of this Qualified Domestic Relations Order shall be assessed against the parties such that the Alternate Payee pays 1/2 or 50% of the costs and the Participant pays the balance of the costs. 9. 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. 10. The parties shall promptly notify the Carlisle Corporation Employee Incentive Savings Plan Administrator of any change in their addresses from those set forth above in this Order. 11. The parties shall promptly submit this Order to the Carlisle Corporation Employee Incentive Savings Plan Administrator for determination of its status as a Qualified Domestic Relations Order. 12. There are no previous Qualified Domestic Relations Orders affecting any portion of the benefits payable to the Alternate Payee. 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 1,98,4. SE TED T Defendant and Plan Partic' t By tfie Court: , laintiff and Alt ate P /eee L/j4op? col %" Janice S. Dugan-Mowery, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Robert W. Mowery, : No. 99-5707 CIVIL TERM Defendant IN DIVORCE Determination as to Qualification of Domestic Relations Order, Notice to Participant and Alternate Payee, and Agreement to Comply With Order Pursuant to the requirements of the Retirement Equity Act of 1984, the Carlisle Corporation Employee Incentive Savings Pian Administrator, and any successor, hereby states as follows: 1. The attached Order of the Court of Common Pleas of Cumberland County, Pennsylvania, dated , 2000 is a Qualified Domestic Relations Order; and 2. The Participant and the Alternate Payee are hereby notified as to the qualification of said Order; and 3. The undersigned will comply with all of the terms and conditions of said Order. 4. The Participant and Alternate Payee confirm that there are no previous Qualified Domestic Relations Orders affecting any portion of the benefits payable to the Alternate Payee. Carlisle Corporation Employee Incentive Savings Plan Administrator CONSENTED TO: -r ?-- C. i.. c^: 1 ?I q04 w ? a ° w w W ? h x C m W n W C m?20 F?zd, C9 0 b A W g N e OOwQw"q 3A A z ?' y o a n ? v A a = C U?FZ v pG w w F" m >Z c wiz F D w o c LL a [ ?w 05 L) m 2 14L UL Janice S. Dugan-Mowery, Plaintiff V. Robert W. Mowery, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-5707 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) of the Divorce Code. 2. Date and manner of service of the complaint: September 20, 1999 by Personal Service on Defendant, see Acceptance 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 July 24, 2000; by Defendant July 24, 2000. 4. Related claims pending: None. 5.(b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 27, 2000. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 27, 2000. 'j .t Robert G. Frey 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 Atto-ney for Plaintiff tin s Janice S. Dugan-Mowery, Plaintiff V. Robert W. Mowery, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99- 5707CIVIL TERM 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 F THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. rw? CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 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 if 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 3 conference or hearing. „y,,h Janice S. Dugan-Mowery, Plaintiff V. Robert W. Mowery, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No.99-Y7oI CIVIL TERM IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER 3301(c) OF THE DIVORCE CODE AND NOW comes Janice S. Dugan-Mowery, by and through Frey and Tiley, attorneys for Plaintiff, and makes the following statement: L Plaintiff is Janice S. Dugan-Mowery, an adult individual, who currently resides at 413 West Cypress Street, Apt. 2, Kennett Square, Pennsylvania 19348. 2. Defendant is Robert W. Mowery, an adult individual, who currently resides at 4 Liberty Court, Carlisle, Pennsylvania 17013. 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 in Shippensburg, Pennsylvania on November 5, 1985. 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 August 15, 1998. 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: ?. Rollert Frey, Esquire Supreme e 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:- Amgust 1999 P Ice S. Dugan-Mowery w % v. f?- ?:' i P 9 r, w ?-' C, ..) O G 004 4 ?Wa N ? o u aD m `? cn o;E z ' , W O r ys LL, 5 co 'a m > 3 J F-y m . . o. ?v ca m z C Opy j x W w I 0 W A4 LL C `S. D c to Za'° ' N f f n Janice S. Dugan-Mowery, Plaintiff V. Robert W. Mowery, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-5701 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Robert W. Mowery, accept service of the Complaint on me as Defendant in the above- captioned matter and certify that I am authorized to do so. Date: September j,a 1999 A Robert Mowery 7' 4 Liberty ty Court Carlisle, Pennsylvania 17013 - _ ?- ? i' ? - ?- ,r- ?_; --- ; , ,_ ? ? ?.: ? ?: Janice S. Dugan-Mowery, Plaintiff V. Robert W. Mowery, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-5707 CIVIL TERM Defendant IN DIVORCE , AFFIDAVIT OF CO. EST ENTRY OF DIVORCE DECREE, OF INTENTION TO REQ AND WAIVER OF MARRIAGE COUNSELING 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on DATE. 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. 3.1 consent to the entry of a final decree of divorce without notice. of property. lawyer's 4.1 understand that I may lose rights concerning alimony, vision 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. 6.1 have been advised of the availability of marriage counseling and understand that 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 1 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: 7(t It/ 0o A ??? n rr - /?/dt4ll Janice S.Dugan-Mowery Janice S. Dugan-Mowery, Plaintiff V. Robert W. Mowery, Defendant W THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-5707 CIVIL TERM IN DIVORCE r.: AFFIDAVIT OF CONSENT,WAIVER OF NOTI&E_ OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE, AND WAIVER OF MARRIAGE COUNSELING' I. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on DATE. 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 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 that 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: ,lz Y100 JArtn ice S.Dugan-Mowery(/ i Janice S. Dugan-Mowery, Plaintiff V. Robert W. Mowery, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 99-5707 CIVIL TERM 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 DATE. 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 ;ranted. 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 that 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: Robert W. Mowery / 111 / <?, ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 91- $707 CIVIL lh _e Plaintiff , v. ACTION IN DIVORCE nn : y '. /Defendant NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter having been granted a Final Decree in divorce from the bonds of matrimony on the day of 5.,0te.b,f yy , hereby elects to retake and hereafter use(her previous name of cst S . A.. _ _ r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND (signature - "errsname) L/ (Sim ture - to be v" ss. 20o p On the tf? day of _S tQ,,._. 4r _ is before, a Notary Public, - personally appeared y^ow_ ar known to me to be the person whose name is subscribed to the w.i!thin docu- ment, and acknowledged that she exer:uted the foregoing for the pur- pose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. Notary Nibti.c aosure a.raar,aoxAaYVusuo cAaueu caaaauaoaoumY,PA MY COMMIOlWN OOalalf FUME 7,1007' Q f w 9 4 ok, C1,; C.L Il + J