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Home My WebLink About07-2941PAMELA G. LABARRE IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA • ~ ~ ~ 1 JAMES R. LABARRE Defendant, CIVIL ACTION -LAW 1N 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 claim ofreliefrequested in these papers by the Plaintiff. You may lose money orproperty or otherrights important to you, including custody or visitation ofyour children. When the grounds 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 the Dauphin County Courthouse, Front and Markets Streets, Harrisburg, Pennsylvania 17101. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by the parties. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORETHE 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 BEINHAUR & CURCILLO By: John . Beinhaur DATED: /l~( b h I ~~ ~ 6 D~ Attorney for Plaintiff PAMELA G. LABARRE IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, mi`''l JAMES R. LABARRE Defendant, CIVIL ACTION -LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list ofprofessional marriage counselors is available at the Office ofthe Prothonotary, Cumberland County Courthouse, Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) 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 G. LABARRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, JAMES R. LABARRE CIVIL ACTION -LAW Defendant, IN DIVORCE COMPLAINT IN DIVORCE - 3301(cl or 3301(dl 1. Plaintiff Pamela G. LaBarre, is an adult individual residing at 87 Oneida Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant James R. LaBarre, is an adult individual residing at 321 Eighth Street, Apartment 2, New Cumberland, Cumberland County, Pennsylvania, 17070. 3 . Plaintiffand Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing ofthis Complaint. 4. Plaintiffand Defendant were married on May 6,1978, in Cumberland County, Pennsylvania. 5. Plaintiffavers that the ground upon which this action is based is that the marriage is irretrievably broken. 6. There has been no prior action of divorce between the parties in this or any other jurisdiction. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. Plaintiff has been advised that counseling is available and that Plaintiffmay have the right to request that the court require the parties to participate in counseling. 9. There are no minor children. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. Respectfully submitted, BEINHAUR & CURCILLO By: J R. Bei our Supreme Court I.D. #55631 3964 Lexington Street Harrisburg, PA 17109 (717)651-9100 Attorney for Plaintiff DATED: ~ - ~ ~ - Q ~- 2 VERIFICATION I, Pamela G. LaBarre, have read the foregoing Complaint in Divorce and hereby affirm and verify that it is true and correct to the best ofmy personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: 5' ~"f ' 0 CERTIFICATE OF SERVICE AND NOW, this ~ day of i'(.(~ y , 2007, I, John R. Beinhaur, hereby certify that I have served the foregoing Complaint in Divorce by mailing a true and correct copy by United States first class mail, certified mail return receipt requested, postage prepaid, addressed as follows: James R. LaBarre 321 Eighth Street New Cumberland, PA 17070 Respectfully submitted, BEINHAUR & CURCILLO By: John R. Be' our Supreme Court I.D. #55631 3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100 Attorney for Plaintiff DATED: sal `~"Z~(' ~- 3 L - °~J. W f) ~ n ~ C -~ Q ~ ~ -,.,1 , ~ C.. (ice ,. -~" r 7 .~_'J ~~°1~1J 3~ ~` 1 W PAMELA G. LABARRE IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07-2941 CIVIL TERM JAMES R. LABARRE :CIVIL ACTION -LAW Defendant, : IN DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this ~ day of--, ~~ f '_~ , 2007, the parties, Pamela G. LaBarre, Plaintiff. And James R. LaBarre, Defendant, having been divorced by Decree dated _ of the Court of Common Pleas of Cumberland County, entered at Docket Number 07-2941 CIVIL TERM, do hereby stipulate and agree as follows: 1. The Defendant, James R. LaBarre, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the Pennsylvania State Employees' Retirement Code, 71 Pa. C.S. §§ 5101-5956 ("Retirement Code") 3. Member's date ofbirth is April 11,1948, and the Member's Social SecurityNumber is 170-38-7736. 4. The Plaintiff, Pamela G. LaBarre, (hereinafter referred to as "Alternate Payee") is former spouse of Member. Alternate Payee's date of birth is July 5,1955, and Alternate Payee's Social Security number is 193-46-4087. 5. Member's Last known mailing address is: 321 Eighth Street, Apt 2, New Cumberland, PA 17070 6. Alternate Payee's current mailing address is: 87 Oneida Road, Camp Hill, PA 17011 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The portion of the retirement benefits to be assigned to the Alternate Payee: Alternate Payee's share of Member's retirement benefits shall beForty-Two (42%) percent. This shall be and include Forty-Two (42%) Percent of the regular periodic (whether monthly, bi-weekly, etc.) payment aswell as Forty-Two (42%) Percent of any lump sum payment or benefit, all as set forth below. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from post-separation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation Agreement, whichever is later. 9. Member hereby nominated Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation ofthe equitable distribution portion payable to Alternate Payee and any other alternate payees named under other SERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. Ifthe lastNomination ofBeneficiaries Form filed by Memberprior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which option(s) Member selects at retirement. Member and Alternate Payee expressly agree that Member shall select the following retirement option(s) upon filing an Application for Retirement Allowance with SERS: Special Option 4. - A j oint and equitable distribution percent (as defined in paragraph 7) annuity payable during the lifetime ofthe Member, with an equitable distribution percent (as defined in paragraph 7) of such annuity payable thereafter, to the Member's survivor annuitant, if living at the member's death, as set forth in 71 Pa. C. S. Section 5705(a)(4), or any succeeding statute. Member may select any option offered by SERS under the Retirement Code at the time of retirement for the portion of the retirement benefit payable to Member. The Member shall designate the Alternate Payee s an irrevocable survivor annuitant. The intent of this Special Option 4 selection is to maintain level payment to the Alternate Payee for the Alternate Payee's life in the event of Member's death after retirement. The Alternate Payee's portion of the Member's benefit will be deducted from the Member's monthly annuity payment and paid by SERS to the Alternate Payee during the members lifetime. If the Alternate Payee dies while the Member is receiving retirement benefits, the Alternate Payee's portion of the Member's annuity shall be paid to the Alternate Payee's estate for the remainder of the Members lifetime. Ifthe Member predeceases the Alternate payee after retiring, the Alternate Payee will receive the Alternate Payee's equitable distribution portion of the Member's benefit in the form of a survivor annuity payable to the Alternate Payee for the duration of the Alternate Payee's life. In any event, all payments to any person or estate will stop when both the member and Alternate Payee have died. Member may, if he chooses, withdraw at retirement an amount equal to or less than the total accumulated deductions standing to his credit with SERS. Alternate Payee shall receive forty-two percent (42%) of any such withdrawal. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall: Be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in paragraph 7 through 9. 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subj ect to the Public Employee Pension Forfeiture Act, 43 P.S. § 1311, et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefits, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order and this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. WI~REFORE, the parties, intending to be legally bounded by the terms ofthis Stipulation and Agreement, do hereunto place their hands and seals. [SEAL] Defendan m er ~ ~ ~ [SEAL] Attorney for Defendant [SEAL] Att ey for Plai tiff ~~ ~ t~ == : ~ . C.-7 tY~~ ~~ , ,s-'' ~ ~,~ ~ ~ ~x r. >3 .~ PAMELA G. LABARRE Plaintiff, v. JAMES R. LABARRE Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 2941- CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed May 17, 2007. A time-stamped copy was personally served on the Defendant on May 17, 2007, and a signed Acknowledgment of Personal Service is attached hereto. 2. The marriage of plaintii~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 after service of notice of intention to request entry of decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ~-~q-o7 '' mela G. rre N G ^~ ", `a PAMELA G. LABARRE Plaintiff, v. JAMES R. LABARRE Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 2941-CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 ~1 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, lawyer'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 subj ect to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Date: $'IZ,g-D I ~:~:, t~ ~.~ ~~ ~ ~ ~`_', _ C~J ~: ~~_. .,,,,, C. .r ~ ..- .. PAMELA G. LABARRE : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA ~, NO. 0? - 2941- CIVIL TERM JAMES R. LABARRE :CIVIL ACTION -LAW Defendant, : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed May 17, 2007. A time-stamped copy was personally served on the Defendant on May 17, 2007, and a signed Acknowledgment of Personal Service is attached hereto. 2. The marriage of plaintiffand 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 after service of notice of intention to request entry of 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: ~ ~ ~ James R. LaBarre G Q ' . ~ c'< ~ s ~' . ~' ~' ~, ~ ", ~ '_ ~ _ ~ r ~ .~ ~ .~ PAMELA G. LABARRE Plaintiff, v. JAMES R. LABARRE Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 2941-CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DNORCE 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, lawyer'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 subj ect to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Date: o '~ ' a ,u'`~- James R. La arre r..a 't3 ~-~-_ i '~ ~'~ C `' ~ ~~ ~ .., ~-- ~ °~ -r3 "G -r7 ~ -~ _ ° ~ t, , "~""' ,~ • ~.,, w PAMELA G. LABARRE Plaintiff, v. JAMES R. LABARRE Defendant, IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 2941- CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly 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 Pennsylvania Divorce Code. 2. Date and manner of service of Complaint: Personal service on May 17, 2007, by Defendant accepting his copy inperson and signing an Acknowledgment ofPersonal Service, which is attached hereto and marked as Exhibit "A". 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff on August 29, 2007; by Defendant on August 29, 2007. 4. Related claims pending: None. 5. Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: contemporaneously with this Praecipe. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: contemporaneously with this Praecipe. ~ .rte Respectfully submitted, BEINHAUR & CURCILLO By: Jo R. Beinha Esquire Supreme Ct. ID# 55631 3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100 Attorney for Plaintiff Date: ~ r-~ o r ~ ~ ~ .•- , try ~- ~~ ~~ ..: ~ ~ '1 -^~" ~_ } _ f ~ .-t ~5 .• ~ r ~. ,~ PAMELA G. LABARRE Plaintiff, v. JAMES R. LABARRE Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2941 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ACKNOWLEDGMENT OF PERSONAL SERVICE I acknowledge service of the above referenced Divorce Complaint by personal service from John R. Beinhaur, Esquire, on this ~--~- day of May, 2007. I verify that all of the statements made in this Acknowledgment of Personal Service are true and correct and that false statements made herein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~ James R. LaBarre 321 Eighth Street, Apt. 2 New Cumberland, PA 17070 ~~'' ~ ~'; t,;~ -t' ~~c ~- : ~ . .~ . ~ ~ ¢-~ •_"~ y ,,tip ~ C~ ~C L ". ~ '~' ,,,~ ,~ +' . ~,, . ~~. ~ a PAMELA G. LABARRE Plaintiff, v. JAMES R. LABARRE Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2941 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this ~ day of , 20 4 7 ,the attached Stipulation and Agreement dated August 29, 2007, ofthe parties in this case, is incorporated, but not merged, into the Divorce Decree and shall be the Order of this 3. -~~~~ ~~q a.--mar ~ GD~x~~j L "t ~ZI ~d 4Z d3S L~OZ h~t/.~ui~v~ ~ ~ C~~~~;-~~~1~-~1. ~0 ;~ v ~._ .. .,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. ~. ~- :; ~ - PAMELA G. LABARRE VERSUS JAMES R. LABARRE NO. 07-2941 Civil Term DECREE IN DIVORCE AND NOW ~~ ,~~, IT IS ORDERED AND Pamela G. LaBarre PLAINTIFF, DECREED THAT AND James R. LaBarre ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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. The Court enters as its Order the attached Stipulation and Agreement for the Entry o E ~: lati ATTEST: J PROTHONOTARY i ~~~~~ ~~ o~ c.~ - ~" ~~