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HomeMy WebLinkAbout04-1018William S Armstrong, Plaintiff Cynthia A Armstrong, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0Y- /0/£ (~;~-4 Tz,..- .- : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 William S Armstrong, Plaintiff V= Cynthia A Armstrong, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0~/,1o1~ : : CI¥1L ACIION - LAW : IN DI¥ORCfi COMPLAINT IN DIVORCE 1. Plaintiff is William S Armstrong, who currently resides at 71 Westerly Road, Camp Hill, PA 17011. 2. Defendant is Cynthia A Armstrong who presently resides at 71 Westerly Road, Camp Hill, PA 17011. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 20, 1989, in Dauphin County, PA. parties. There have been no prior actions for divorce or annulment between the 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to: a) enter a decree dissolving the marriage between Defendant; Plaintiff and Respectfully Submitted, Mille r Li ps',tt .L ~.~.~._._..~ By: g.".~.¢_/~' Jame~/A Miller, Esquire Att~,~ey for Plaintiff ...~7 Market Street / Camp Hill, PA 17011 (717) 737-6400 William S Armstrong, Plaintiff Cynthia A Armstrong, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: William S Armstrdhg, Plaintit't' J William S Armstrong, Plaintiff Cynthia A Armstrong, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04~1018 C±v±l Term . : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, Cynthia A Armstrong, Defendant in the above captioned matter do hereby on the date indicated below accept service of the divorce complaint filed by Plaintiff, William S Armstrong, to the above term and docket. Date: March 10 2004 ~Cynt'hia A ArmStrong, .~, Defendant ~ MILLER LIPSITT LLC 21~7 Market Str~,et Can, p Hill, PA '17011 TI 7-737-6400 Fax: 717-737-~3.qg William S Armstron§, Plaintiff V= Cynthia A Armstrong, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND ¢~OUNTY, PENNSYLVANIA NO. 04-~.018 CIVIL ACTION - LAW IN D~VORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 9, 2004, and service was obtained upon the defendant on March 10, 2004, by Defendant personally accepting service of same. 2. The marriage of the Plaintiff and Defendant is irretriievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that 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.A. Section 4904, relating to unsworn falsification to authorities. Date: ~ A ArmstroF;-g LIPSITT LLC ZLS7 MarkeL Street Camp Hill, PA 1701'1 717-737-6400 Fax: 717-737-.~3.~S William S Armstrong, Plaintiff Ve Cynthia A Armstrong, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN/~ NO. 04-1018 CIVTL ACT/ON - LAW TN DTVORCE WAIVER OF NOTICE OF INTENTION T'O 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 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of authorities. Date:3U~L~/ 7. 3- 7-oz~z-¢ am S Arr~strong (~ LIPSITT LLC 21~7 Market Str~,et Camp Iq[Il, l~&. 17011 717-7~7-6400 [:ax: 717-737-.ggg.g William $ Armstton§, Plaintiff Vm Cynthia A Armstrong~ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA NO. 04-1018 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of time Divorce Code was filed on March 9, 2004, and service was obtained upon the defendant on March 10, 2004, by Defendant personally accepting service of same. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that 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.A. Section 4904, relating to unsworn falsification to authorities. Date: William S A~strong ~ LIPSITT LLC 21~7 Market SL~,el ? Camp Hill, PA 17011 717-737-6400 Fax: 717-737-.:,355 William $ Armstron§, Plaintiff Cynthia A Armstrong, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-1018 : : CIVIL ACTLON - LAW : IN DIVORCE 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 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of authorities. Camp Hill, p.~ 17~)11 717-737-6.~00 lax: 71 William $ Armstrong, Plaintiff Cynthia A Armstrong, Defendant IN THE COURT OF COMMON PL : NO. 04-1018 : CIVIL ACTION. LAW : 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 service of the Complaint: Defendant accepted personal service of a CERTIFIFD COPY' OF THE COMPLAINT JN DIVORCE on March 10 2004. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request £nby of a Divorce Decree required by Section 3301(c) by Plaintiff: July 25 2004 of the Divorce Code: by Defendant: July 25 2004 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: by Defendant: July 30 2004 July 30 2004 4. Related claims pending: There am no related claims pending. Respectfully Submitted. By:________~-- v ~- - James~.~~ A,- -_:.;..~.,,,o,, =squire - ~ ' ..... '~ J for Plaintiff 2157 Market Street Camp Hill. PA 17011 (717) 737-6400 IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF VERSUS ..~... ~ PENNA. NO. 04 PLEAS DECREE iN W~ 11 jnm .q AT~af_,e,~fi~. DECREED THAT AND Cynthia A Armstronq , 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; The parties hereto do hereby incorporate, but not merqe, their decree ~n divO:Oe. ~("l'l~m~nml' A~mr~'~'m~n'l' (n'l'n 'l'h~ 'F~ .... -~ "al ~I~ROTHONOTARY William S Armstrong, Plaintiff : IN THE COURT OF COMMON pLEAS : CUMBERLAND COUNTY~ PENNSYLVANIA : : NO. 04-1018 v. :: C~V~L ACI'LON - I~W Cynthia A Armstrong, : ~N D~VORCE Defendant ~ M T~ NT ENTER AL~FIED D ME TL REI~ NOW COME, plaintiff and Defendant and respectfully request your Honorable court to enter the Qualified Domestic Relations Order (QDRO) in this matter and for reasons therefore state: 1. p~aintiff, William S Armstrong, and Defendant, Cynthia A Armstrong, were divorced from the bonds of matrimony on ~i~:~-~~--~ 2004, to the above term and docket, the final Decree in Divorce incorporating the termsof their .~ ~n~- t. o __, 2004, Post-Nuptial, Marital Settlement Agreement. 2. in accordance with the terms and conditions set forth in said agreement, the QDRO is to be entered subsequent to the entry of the final Decree in Divorc. e. 3. Plaintiff and Defendant desire the entry of said QDRO by your Honorable Court. WHEREFORE, Plaintiff and Defendant, as evidenced by the signatures hereto, respectfully request that your Honorable Court enter the Qualified Domestic Relations Order attached hereto. ~ -- C A Respectfully submitted, MILLER LIPSIq-f LLC Esquir 'eet 737-640~' /~1 I I=GIS GROUP, INC. RETIREMENT SAVINGS PLAN William S Armstrong, Plaintiff V. Cynthia A Armstrong, Defendant SEP 2 2 2084 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-1018 : : CIVIL ACTION - LA...W : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, the parties having reached an agreement for the purpose of entry of a Qualified DomesticRelatjons Order as defined in 26 U.S.C.Section 414 (p), the court on decree in divorce inc orati e terms of the parties property settlement agreement which included provisions of equitable distribution/support of a spouse of a Participant, IT IS HEREBY ORDERED AS FOLLOWS: A. For purposes of this Order, the term "Participant" means William S Armstrong of Allegis Group, Inc. inc.; the term "Alternate Payee" means Cynthia A Armstrong; the term "Plan" means the Allegis Group, Inc. Retirement Savings Plan; the term "Account Balance" means the amount the Participant had credited to his accounts under the Plan; and the term "Administrative Committee" means the Administrative Committee of the Allegis Group, Inc., Inc., Emplo_~Lee.Benefit Plans. B. On _~.~l~t~.., "~001~. -, this Court entered a final decree in ~vorce, which Judgment relates to the provision of equitable distribution by way of marital property rights between the Participant and Alternate Payee as the former spouse of the Participant. C. The last known mailing address of the Participant is: 71 Westerly Road, Camp Hill, PA 17011 a. The date of birth of the Participant is: February 18, 1964 b. Social Security Number is: 206583218 D. The last known mailing address of the Alternate Payee is: 71 Westerly Road, Camp Hill, PA 17011 a. The date of birth of the Alternate Payee is: September 21, 1957 b. Social Security Number is: 175 48 4162 E. The Participant and the Alternate Payee were married on May 20, 1989, and said marriage is registered in Dauphin County, Pennsylvania. F. Under terms of the Final Decree in Divorce incorporating the terms of the property settlement agreement, the Alternate Payee"is to receive retirement benefits from the Plan in the amount of $5,293.00 of the vested Account Balance of the Participant determined as of March 30, 2004. G. The portion of the Account Balance payable to the Alternate Payee (1) shall be segregated for accounting purposes under the Plan, and (2) shall not be credited or debited with any earnings or losses 'attributable to such segregated account calculated through the 'valuation date immediately preceding the date of distribution. H. The amounts to be paid to the Alternate Payee hereunder shall be paid to her, in a lump sum as soon as administratively practicable after the expiration of the review period following the Administrative Committee's determination that this Order is a qualified domestic relations order. I. Nothing in this Order shall: a. require the Plan to provide any type or form of benefit, or option, not otherwise provided in the Plan; b. require the Plan to provided increased benefits (determined on the basis of actuarial value); or c. require the payment of benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. Both the Participant and the Alternate Payee shall have duty to notify the Administrative Committee in writing of any changes in his or her respective mailing addresses subsequent to the entry of this Order. 2 The Court retains jurisdiction to establish or maintain this Order as a qualified domestic relations order. ~ BY THE COURT: