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Home My WebLink About03-5235 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHYLLIS L LINE, v. NO. 2003- S~ CIVIL TERM Defendant CIVIL ACTION-LAW IN DIVORCE DENNIS E. LINE, 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 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILEA CLAIM FORALlMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHYLLIS L LINE, Defendant NO. 2003- SZJS CIVIL ACTION-LAW IN DIVORCE CIVIL TERM v. DENNIS E. LINE, COMPLAINT UNDER SECTIONS 3301(c) AND 3301 (d) OF THE DIVORCE CODE 1. Plaintiff is Phyllis L Line, an adult individual who currently resides at 440 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Dennis E. Line, an adult individual who currently resides at 8 Liberty Court, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in 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 August 21, 1971 in Carlisle, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III - ALIMONY 12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 above. 13. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 14. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 15. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay Plaintiff alimony. COUNT IV - ALIMONY PENDENTE LITE 16. Plaintiff hereby incorporates by reference paragraphs 1 through 15 above. 17. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 18. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay Plaintiff alimony pendente lite. COUNT V - COUNSEL FEES AND EXPENSES 19. Plaintiff hereby incorporates by reference paragraphs 1 through 18 above. 20. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 21. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 22. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of counsel fees, costs and expenses as are deemed appropriate. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: /Q.2. 03 ~/cM- Michael A Scherer, Esquire 1.0.# 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Phyllis L. Line mas.dir/domestic/line/divorcecomplaint.pld VERIFICATION 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. S 4904, relating to unsworn falsification to authorities. W-IJ~~j?/?l<- Phyllis L. Line Date:~/h, c:'!t?,/=> ~~ ~~ N ~ -{) ~-..l ~ ~r ~ "'::0 & 0- C> . , . B 8 U) ,0 ::0 lAJ ~~ -z--r:. W o rj t.".:.' c:: I :;:". ~':) ~j',' ", fT" ~::., '-J cj', . .'.,. ~~~. -~ ~;.c.: ~S 2" __._ "'J ~ \c .0~.\ , bi " ../ DENNIS E. LINE, pefendant , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5235 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PHYLLIS L LINE, rlaintiff v. ACCEPTANCE OF SERVICE / AND NOW, t is y/ day of October, 2003, I, Carol J. Lindsay, Esquire, hereby accept service of th Divorce Complaint filed in the above-captioned matter on behalf of the Defendant purs ant to Pa. R.C.P. 402(b) and certify that I am authorized to do so. ~ ~ " I ( [{Z[ " . Carol J. Lind \ ~ 0 ~ 0) c::> -, ~tP ("") :cr"~:D -I '"r- ~~~. N ~-']m -.l 6~ ,<:C' ~ ~~ ~C' >~ c:> 6 - ~..rn 5>c.: - 9 ~ r. 55 - :<: il PHYLLIS L. LINE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5235 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE V. DENNIS E. LINE, Defendant PLANITIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on October 3, 2003. 2. An Acceptance of Service form was signed October 8,2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Date: June -it:)', 2006 I..C' - "",J " , \.,..,:;..,.... r",-, c) SAIDIS, FLOWER & LINDSAY .<<roIlNI!YSoAT.\AW 26 West High Street Carlisle, PA PHYLLIS L. LINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003-5235 CIVIL TERM DENNIS E. LINE, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. 8, 2005. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed October 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 in 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 to the best of my knowledge, information and belief. I understand that false state~a~~ herein are made ::::ct to the ;j;~~~; Pa.C.S. 4904 relating ~n. fal~:C\k. to authorities. n IS E. Line DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER~ 3301 (c) 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 to the best of my knowledge, information and belief. I understand that false statem~nts ,herein are made subject to the pejlties of 18 Pa.C.S. 4904 relating to uns falsificatio 0 authorities. {1~70f , . Date: I!-.- , t'J .~< co ,.." c--:;, c_~:) ,.::.,..... ~~--. ~:;~ ".- t,.0 -n c,.'_: 11 PHYLLIS L. LINE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003-5235 CIVIL TERM CIVIL ACTION.LAW IN DIVORCE V, DENNIS E. LINE, Defendant 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)ofthe Divorce Code, 2, Date and manner of service of the Complaint: Carol J, Lindsay, Esquire signed an Acceptance of Service form on October 8, 2003. 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 on June 15, 2006; and Defendant on May 25, 2006. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None, Respectfully submitted, O'BRIEN, BARIC & SCHERER MiCha_qUire ~, .,.-~;. 6~ r-.":1 0" C) ~n _1 -r::,.....;"'\ I"ne ~J\~: ':,),(-,,' ~,., ....-c..; - .~ -~' .r:- C'J o . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS . . OFCUMBERLANDCOUNTY . PENNA. . STATE OF . PHYl.LIS L LINE. . . . . No. CIVIL P1 ;::d nt ; ff' 2003-5235 VERSUS . DF.NNIS E. LINE. Defendant . . . DECREE IN DIVORCE . . . . . . . . . . . . . . . . . . <f.-.. z..f" , Z-IO' ,IT is ORDERED AND AND NOW, DECREED THAT PHYLLIS L. LINE , PLAINTIFF, DENNIS E. LINE AND , 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; . . . . !IT{)1\fE. . . ~.e.~.~~ ~ ~ ~/M C}1' , PROTHONOTARY J, . . . ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,.r-;x 1:n7.% ~ ~P!.1 ~ . "-7"'" n., <7)0. E-L ~-P ~ ~~.pO ,?O'E:'L .... '. '11' NOV IS m IY'I \ v\ PHYLLIS L. LINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-5235 CIVIL TERM DENNIS E. LINE, Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER I. RECITALS: 1. This Order relates to the provisicn of marital property rights to the Alternate Payee pursuant to a Marital Settlement Agreement dated May 24, 2006. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employee sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1985 ("Code") 9401 (a). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code 9414(p). The Court enters this QDRO pursuant to its authority under the 23 P. C.S.A. 93502. II. STATEMENTS OF FACT PURSUANT TO CODE S414(p): 3. This QDRO applies to the Moffitt Heart & Vascular Group Profit Sharing Plan ("Plan"). Further, this OrdH shall apply to any 5uccessor pian to the Plan or any other plan(s) which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the " ....., terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Dennis E. Line ("Participant") is a participant in the Plan. Phyllis L. Line ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number, and date of birth are: Dennis E. Line 8 Liberty Court Carlisle, PA 17013 S.S. No. 200-36-3280 Date of Birth: February 18, 1947 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: Phyllis L. Line 440 Barnstable Road Carlisle, PA 17013 S.S. No. 185-38-8648 Date of Birth: July 13, 1949 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The Plan Administrator shall segregate from the Participant's portion of the Plan $591,571.00 for the benefit of the Alternate Payee under this QDRO. That amount shall be rolled over into an IRA for the Alternate Payee, together with any gain or loss thereon from May 25,2006 until the date of the rollover. The rollover shall be accomplished without tax consequence to either party. II . . , 8. The Alternate Payee shall be a surviving spouse for the purposes of Code ~~401(a)(11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 7 of this QDRO. The amount payable shall be payable to the Alternate Payee, in lump sum, as provided under the distribution provisions of the Plan. In the event of the Alternate Payee's death prior to her receipt of the full amount of the obligation, the obligation of the Participant shall continue and Alternate Payee's share of the Plan shall be payable to her estate. In the event the Participant dies prior to the transfer anticipated by this QDRO, the amount of the obligation instead of in paragraph 7 above shall be paid in lump sum to the Alternate Payee. 9. Before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, the right to name a beneficiary, and the right to direct her Plan investments to the extent permitted under the Plan. III. RECITALS PURSUANT TO CODE ~414(p)(3): 11. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. IV. GENERAL PROVISIONS: 12. This QDRO does not require the Plan to provide increased benefits. . .,.. ...."" . i V. PROCEDURE FOR PROCESSING THIS QDRO: 13. This aDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee, as there is no prior alternate payee with a qualified domestic relations order. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this aDRO continue to qualify as a aDRO under Code 9414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of the receipt. ... 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this ODRO and in accordance with the termination procedures of the Plan. The parties may amend this ODRO to provide for the transfer of the rights and obligations hereunder to a qualified retirement plan to which the Participant's accounts may be transferred. 18. After payment of the amount required by this ODRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. With respect to the Plan's obligations to perform tax reporting, the Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this ODRO. Any arrangement for the Participant to bear the tax consequences for Plan distributions shall be outside of the terms of this Order. VI. PROCEDURE FOR PROCESSING THIS QDRO: 20. The Plan shall treat this ODRO in accordance with Code 9414(p)(7). While the Plan is determining whether this Order is a qualified domestic relations order, the Plan Administrator shall hold and not distribute the Participant's accounts. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this ODRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this ODRO. The Plan Administrator shall determine the qualified status of the ODRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of tie after receipt of this ODRO. ...... . .' 22. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. BY THE COURT, tV~ /(. uov , AIL , J. CONSENT TO ORDER: ( d , ~ / f) '-.../J i:- r-7--Qou (?~ ~ , JI4 C;; ~\.f' , -,\~ ~o~ ~ 11"\ ~\ ~~ \ Avv '- ~Il' ~ ' ~\O ~V~. 'V~ . . "1(.... ~ \. COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the .::orndayof Octobev ,2006, before me, the undersigned officer, personally appeared Michael A. Scherer, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said state and a subscribing witness to the within instrument, and certified that he was personally present when Phyllis L. Line, whose name is subscribed to the within instrument executed the same, and that said person acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~~~, COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher. Notary Public Carlisle Boro. Cumberland County My Commission Expires Apr, 17, 2010 Member, Penneylvarlla Association of Notaries COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND ) {}bL Q On this, the ~ day of ~ , 2006, before me, the undersigned officer, personally appeared enms E. Line known to me (or satlsfactonly proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. lr2qR~ !lrrllJ,()~ NOTAIUL lEAL MERLENE J. MARHMA. M>TAAV PBIC CARLISLE. CUMBERlAND COUNT'( fA MY COMMISSION EXPIRES JUNE 8. 2010