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Home My WebLink About03-5252MARILYN B. GARMAN, Plaintiff ASHLEY W. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. (~3 -- ~'.~S~._ ~_.~ CIVIL ACTION - LAW 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 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 of other rights important to you, including the 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 at the Office of the Prothonotary. 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, PA 17013 717-249-3166 MARILYN B. GARMAN, Plaintiff V. ASHLEY W. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Marilyn B. Garman, by and through her attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is Marilyn lB. Garman (SS# 186-58-0411 ), an adult individual, currently residing 302 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Ashley W. Garman (SSI/440-48-1380), an adult individual, currently residing at 1596 Sunflower Lane, SW, Apt. 37-104, Tumwater, WA 98512. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on January 2, 1982, in Mechanicsburg, Cumberland County, Pennsylvania. the parties. 6. There have been no prior actions for divorce or for annulment between The Plaintiff and Defendant are both citizens of the United States of America. 7. There are two (2) children born of this marriage. Count I - Divorce 8. The allegations of Paragraphs 1 through 7 are incorporated herein by reference and made a part hereof. 9. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 10. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. 11. Plaintiff has been advised that counseling is available and that Defendant 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 divorce decree dissolving the marriage between Plaintiff and Defendant. Date: RESPECTFULLY SUBMITTED, Ch'a'les Rect,pf', ~squire 1104 Fernw~od A~enue, Ste. 203 Camp Hill, PA 17011 (717) 761-8101 I verify that the statements made herein 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 unswom falsification to authorities. Date: 10 B. Garman DANIELLE K. MITTEN, Plaintiff RUSSELL P. MITTEN, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-5252 CIVIL TERM CML ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under [3301 (c) of the Divorce Code was filed on October 3, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 the 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 unswom falsification to authorities. DANIELLE K. MITTEN, Plaintiff RUSSELL P. MITTEN, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-5252 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER [3501(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. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 64904 relating to unswom falsification to authorities. '-~anielle K. Mitten MARILYN B. GARMAN, Plaintiff V. ASHLEY W. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-5252 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 on O.cteber 3, 2003. 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. WAIVER OF NOTICE OF INTENTION TO REC~UEST ENTRV OF A DIVORCE DECREE UNDER SECTION 330t(c) OF THE DIVORCE COD~ 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concemin9 alimony, division of property, lawyer's fees or expenses if I do not claim them be[ore a divorce is granted. 3. I understand that I will not be divorcecl 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 herein 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: Ashled-)~'V. Garman MARILYN B. GARMAN, Plaintiff V. ASHLEY W. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5252 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 on October 3, 2003. 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 divcrced 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 herein 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. MARILYN B. GARMAN, Plaintiff V. ASHLEY W. GARMAN, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5252 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE OF DIVORCE COMPLAINT Ltl Postage r~- Certified Fee Return Receipt Fee ru (Endorsement Required) Restffcted Delivery Fee I-1 (Endorsement Required) Total Postage & Fees $t '~.~v ~"~ t 2, and 3. Also complete I Delivery is desired. Sent T~,F~~ ~) ~ ~t'k, ,,__ ,~ ,d address on the reverse ........... ~..v.~..-~...!.~.F,~.....~..JE'..u.~..r[.....~[~ ............................ Jrn the card to you. Stree, t~A~t. N2j~; or Pq ep]c~lo. /I -~' , - the back of the mailpiece, /~.__~.. ~ ~ ~ ::)ace permits. .............................. A. Received by (P/ease Ptfnt C/ear/y) B. Date of D~ C. Signatu~ ,~ . O. item 17 ~ Yes If YES, enter delivery address below: [] No 3. Service Type '~ertified Mail Express Mail [] Registered r-I Return Receipt for Merchandise [] Insured Mail [] C.O,D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (COpy from service label)_ _ PS-Form 3811, July 1999 Domestic Return Receipt By: Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff Marilvn B. Garman Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Ashlev W. Garman Defendant NO. 03..5252 DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and. recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Retirement Benefits Court Order by the Federal Retirement Thrift Investment Board ("Board"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Thrift Savings Plan ("Plan") and any successor thereto. Ashley W. Garman ("Participant") is a Participant in the Plan. Marilyn B. Garman ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Ashley W. Garman 1596 Sunflower Lane, SW, Apt. 37-104 Turnwater, WA 98512 Social Security No.: 440-48-1380 Date of Birth: December 25, 1957 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Marilyn B. Garman 130 Stonegable Circle Winter Springs, FL 32708 Social Security No.: 186-56-0411 Date of Birth: May 4,1960 DRO Page 2 It is the responsibility of the Alternate Payee to kE'ep a current mailing address on file with the Plan at all times. 6. This Order assigns to Alternate Payee an amount equal to $17,473.50 of the Participant's total account balance accumulated under the Plan as of October 19, 2004 (or the closest valuation date thereto) plus any interest and investment earnings or losses attributable thereon from October 19, 2004 (or the closest valuation date thereto) until the date of total distribution. 7. The Alternate Payee shall be paid benefits as soon as administratively feasible following the date this Order is approved as a Qualifying Retirement Benefits Court Order by the Board. 8. Benefits are to be payable to the Alternate Payee in the form of a lump sum cash payment. 9. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Board of such information as the Board may reasonably require from such parties. 10. This DRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 11. This DRO does not require the Plan to provide increased benefits. 12. This DRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires thi~ Plan to pay to another alternate payee. 13. 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 DRO Page 3 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 receipt. 14. After payment of the amount required by this DRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 15. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this DRO. 16. In the event the Participant predeceases the Alternate Payee before she receives her distribution, his death shall have no effect on her assigned portion of the benefits, as stipulated herein. If applicable, the Alternate Payee shall be treated as the beneficiary of the Participant to the extent of her assigned interest hereunder. 17. If Participant takes any action that prevents, decreases or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. DRO Page 4 18. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order of Court, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Accepted and Ordered this ~r day of 1(JJ11J~ BY THE COURT: .- , 200_~. CONSENT TO ORDER: PLAINTIFF/ ALTERNATE PAYEE DEFENDANT/PARTICIPANT d:fLwut6'^"CJ (;\~N;n.,-~ Signa re ~(// / Signat e ..- Date: L;;l. J I S I .2COcj I Date: "J( "D6<L 0,/ ATTORNEY FOR PLAINTIFF/ ALTERNATE PA EE ATTORNEY FOR DEFENDANT/ PARTICIPANT Be Je- Signature Date: "/7/DS-- . Date: ?;;Y>rll ffPW c~J v:~k^~"S\ir n ( t !I\fr,"iii \ '-" ~~: 9 1\.1..1" 1\'-',"",' >'_~'~-_,~:,:v~nJ '1 S :Zll~d S2 Nvr SDOl .C~~,'!_~,~~>:~~:~hd)Hl :J!~) ...".._~r ,j:: ",j ::j:'<<{:::.:'.::.:'. -::.:'.::.:::::,.:"::.::::.:'.::"::::,.::'::.;':::O:'.::{:;.:'C.;::::::;>>::.;:::::.:..::.;::::::-{C():.C{:.:..::.::::,:.::.::.:::::;.::.::;<)::.::.::.:':.::.::.;;::::';::.::.:: ::::;~C';':::,.:..::<,,:{:::~::c.;n.~txc!-:n.::c{x.::{)::.x::.:.::~::::::.::.:>t:::~::c;<.::::.;i1 ~ ~ ~ ~ -''0'" ~ M f'.; k" ~ ~ 8 ~ ~ ~~ .. '::.::';;:">>::'..:':"::;".~)!o ~ ~i ~ f.'S ~ ~~ ,!S ~ ~ 'l ~I ~ '.' ,'~ ~ ~ ... W 'l ~ "'. ~ .j ~ '.' w 'j ,.'~ ~ ~.~ ~ '.' ~ ~.~ ~ v ~ ~." '..; ~ ~.' jI;'~ ~ i ~." . ~.~ W. ~l i ~l ~ ~.~ ~ ~ f.'~ ~ ~ ~l t~ ~ ~ " f.'~ ~ t~ * IN THE COURT OF COIMMON PLEAS OF CUMBERLAND COUNTY Ii' STATE OF PENNA. unMARILYNnB. uGARMAN.. II N O'u03.~.5.2.52 uuu....uuu.. 19 I " V crSllS Ashley W..uGarman u unnnn II DECREE IN DIVORCE AND NOW,....,.,.... ,1~" ,z.~>, 1-9 ./ffI.ur it is ordered and decreed that..., .1:1<lJ'.u.yn. .Il,. O,axm<ln",......"."..,.."".. plaintiff, and. . . . . . . . . . , , . . A,shley. ,w.' Garma.n . . . . . . , . . . . . . . . , . , . . . . . . 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; NIA The parties Marriage Settlement Agreement d<lted October 19, .. 2004'" 'is' 'fricoi::pcira.:t'ed' h'eh:ein' 'by' 'r'efer'e']~cE" '{oi:' 'e'rifor'cemen't'" .. .g\l-t'p.o,E<es. .o.nly .p\lrsJl.ant, .to. Se.c:tion ,310.5. .of, .the. P.enns,y.lv<lnia,. Divorce Code. ."'~"."""" Jt...... '" ~ . ? / , . " n,~. c:tJ A<....'/!~4 Prothonotary ...... ~- .- , '.\. , '" ... - : '0-- , , J: ~ . -/'. 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