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HomeMy WebLinkAbout08-65764 r RAMONA A. MAKOWSKI, Plaintiff V. DAVID S. MAKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: di- & 57& el rl / T-r4m 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 or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 32 South Bedford St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 r RAMONA A. MAKOWSKI, Plaintiff V. DAVID S. MAKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: D P - 4374 C- 'a -J4-, CPAL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Ramona A. Makowski, who currently resides at 726 W. Louther Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is David S. Makowski, who currently resides at 39 Half Mile Drive, Gardners, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 19, 1981. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(c), and §3301(d) in that: 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 such counseling. r Plaintiff does not request counseling, pursuant to §§3301(c) and 3301(d) of the Divorce Code. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. Date: W- /o - 06171 Respectfully Carlisle, PA 17013 (717) 243-7135 (717)243-7872 facsimile Attorney for Plaintiff 200 S. Spring Garden Street Suite 11 VERIFICATION I, Ramona A. Makowski, 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: p R ona A. . Makowski G7 r7l cr*t ern UJ Q "a no RAMONA A. MAKOWSKI, Plaintiff V. DAVID S. MAKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-6576 CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE I, Andrew H. Shaw, Counsel for the Plaintiff, Ramona A. Makowski, hereby certify that a true and correct copy of the Divorce Complaint in the above captioned case was served upon Defendant via First Class Mail on November 13, 2008. A copy of the Acceptance of Service is attached. Date: I(`Z-ok Andrew H: Shaw, Esquire PA Sup. Ct. ID Num. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 Counsel for Plaintiff - RAMONA A. MAKOWSKI, Plaintiff V. DAVID S. MAKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-6576 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, David S. Makowski, hereby accept service of the Divorce Complaint. Date: /(-- 13 - U 0- Lt'.Oi &L'Jo - David S. Makowski, Defendant CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Proof of Service, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: David S. Makowski 39 Half Mile Drive Gardners, PA 17324 Date: ?? as t?? Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff RAMONA A. MAKOWSKI, Plaintiff V. DAVID S. MAKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ., PENNSYLVANIA NO: 08-6576 - ° - "' CIVIL ACTION - LAW IN DIVORCE z ``•' ,? t AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on November 6, 2008. 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 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 unsworn falsification to authorities. Dated: w-10 4 am-ew?'K' _ Ramona A. Makowski, Plaintiff RAMONA A. MAKOWSKI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C-) V. NO: 08-6576 DAVID S. MAKOWSKI,=`w Defendant CIVIL ACTION - LAW - IN DIVORCE NO WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVOI&E DECREE UNDER SECTION 3301(0) 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. ,.c 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. i DATE: lU _ /0 G'L??'--GEC Ramona A. Makowski, Plaintiff RAMONA A. MAKOWSKI, Plaintiff V. DAVID S. MAKOWSKI, Defendant IN THE COURT OF COMMON PLFF OF CUMBERLAND COUNTYC PENNSYLVANIA NO: 08-6576 -'' CIVIL ACTION -LAW s. IN DIVORCE ' AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on November 6, 2008. 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 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 unsworn falsification to authorities. Dated: 6 /C`- / f r' avid S. Makowski, Defendant RAMONA A. MAKOWSKI, Plaintiff V. DAVID S. MAKOWSKI, Defendant DECREE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-6576 -t CIVIL ACTION - LAW IN DIVORCE PO REQUEST ENTRY OF A D OkE L(C) OF THE DIVORCE COD cr : c 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. Section 4904 relating to unworn falsification to authorities. DATE: David S. Makowski, Defendant RAMONA A. MAKOWSKI, Plaintiff V. DAVID S. MAKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-6576 CIVIL ACTION - LAW IN DIVORCE 1 N t u? c 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service signed by Defendant on November 13, 2008. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on June 10, 2010; by Defendant on June 10, 2010; 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary's Office: June 11, 2010. Date Defendant's Waiver of Notice was filed with the Prothonotary's Office: June 11, 2010. Date: a - l - o2.0r (J By: Andrew H. Shaw, 'Esquire Attorney I.D. # 87371 200 Spring Garden Street, Ste. 11 Carlisle, PA 17013 Attorney for Plaintiff I . - CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Transmit, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: David S. Makowski 39 Half Mile Drive Gardners, PA 17324 Date: Andrew H. Shaw, squire Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff RAMONA A. MAKOWSKI V. DAVID S. MAKOWSKI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6576 DIVORCE DECREE AND NOW, ly n t 11 61t , it is ordered and decreed that RAMONA A. MAKOWSKI plaintiff, and DAVID S. MAKOWSKI bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, Attest: J. Prothonotary (f C-C?t mja4?t-c\> IJa-hc-C ma?Ake-A 40 l,ei 7/rlr- vs In the Court of Common Pleas of Cumberland County, Pennsylvania NaW G` Civil Term L`7 mOD .MM < CG N -c N O cz rnr- ?? O C3 C7 j --ta p w?- A? ? PRAECIPE c M IA-A f?? c=am ?????rL G? 04V?Z? - A-Ir , 'S -:-:, ?" &17 //'7e David D. Buell, Prothonotary / 20 Attorney Info: ?- 9" Attorney for P4airrtif -??/£??i.0 t` RAMONA A. MAKOWSKI, Plaintiff V. DAVID S. MAKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-6576 CIVIL ACTION - LAW IN DIVORCE ova -, r co QUALIFIED DOMESTIC RELATIONS ORDER 1. The parties intend for this Order to constitute a "Qualified Domestic Relations Order" as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: The PPG Industries Employee Savings Plan (hereinafter referred to as "Plan"). 3. David S. Makowski (XXX-XX-9934) (hereinafter referred to as "Participant") is a Participant in the Plan. 4. Ramona A. Makowski (Social Security number XXX-XX-1671) (hereinafter referred to as "Alternate Payee") is the Participant's former spouse. 5. Participant's current and last known mailing address is: 39 Half Mile Drive, Gardners, PA 1.7324. 6. Alternate Payee's date of birth is January 18, 1961 and her current and last known mailing address is: 726 West Louther Street, Carlisle, PA 17013. 7. A portion of the Participant's account in the Plan is marital property and subject to distribution by this Court. As soon as administratively possible after the Plan Administrator accepts this Order as a Qualified Domestic Relations Order, the sum of $101,722.62 is to be withdrawn from the Participant's account in the Plan for distribution to the Alternate Payee. 8. The nontaxable portion of the Alternate Payee's distribution, if any, shall be paid directly to the Alternate Payee. 9. The Alternate Payee elects a rollover of the taxable portion of her distribution to an Individual Retirement Account (hereinafter referred to as "IRA"). The Alternate Payee's IRA number is: XXXX6015. The name of the financial institution holding the Alternate Payee's IRA is: Edward Jones and the address of the financial institution is: PO Box 66906 St. Louis, MO 63166-6906. 10. This Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan; or require the payment of any benefit to the Alternate Payee which is required to be paid to another alternate payee under another Order previously determined to be a Qualified Domestic Relations Order; or require the Plan to provide increased benefits which result from future contributions to the Plan. Any provision of this Order which appears to be otherwise shall be null and void and have no effect. 11. In no event shall the Alternate Payee have any greater rights than those which are available to the Participant. 12. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order as such is defined under Section 414(p) of the Internal Revenue Code of 1986, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. By the Court: _ Date: 1 1311, - ?\ -v (?a F Participant: J)21 *4WS ? Date: 10-.z5-11 A6d- - f?? Alternate Payee: Qy' - Date: /6 2 AndrwH. Shaw, PC ? William S.1?»?els, ?? 1 ?e The nontaxable portion of the Alternate Payee's distribution, if any, shall be paid directly to the Alternate Payee. 9. The Alternate Payee elects a rollover of the taxable portion of her distribution to an Individual Retirement Account (hereinafter referred to as "IRA"). The Alternate Payee's IRA number is: XXXX6015. The name of the financial institution holding the Alternate Payee's IRA is: Edward Jones and the address of the financial institution is: PO Box 66906 St. Louis, MO 63166-6906. RAMONA A. MAKOWSKI, Plaintiff V. DAVID S. MAKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-6576 CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER 2. 3. 4. 5 6 c rnm xrn x? Nr- r D c-) :,t C? --? N Z C7 •< I A D a• 3 N rn ? C) x? c3-n :z O D The parties intend for this Order to constitute a "Qualified Domestic Relations Order" as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended. This Order applies to the following qualified retirement plan: The PPG Industries Employee Savings Plan (hereinafter referred to as "Plan"). David S. Makowski (XXX-XX-9934) (hereinafter referred to as "Participant") is a Participant in the Plan. Ramona A. Makowski (Social Security number XXX-XX-1671) (hereinafter referred to as "Alternate Payee") is the Participant's former spouse. Participant's current and last known mailing address is: 39 Half Mile Drive, Gardners, PA 17324. Alternate Payee's date of birth is January 18, 1961 and her current and last known mailing address is: 726 West Louther Street, Carlisle, PA 17013. 7. A portion of the Participant's account in the Plan is marital property and subject to distribution by this Court. As soon as administratively possible after the Plan Administrator accepts this Order as a Qualified Domestic Relations Order, the sum of $101,722.62 is to be withdrawn from the Participant's account in the Plan for distribution to the Alternate Payee. 10. This Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan; or require the payment of any benefit to the Alternate Payee which is required to be paid to another alternate payee under another Order previously determined to be a Qualified Domestic Relations Order; or require the Plan to provide increased benefits which result from future contributions to the Plan. Any provision of this Order which appears to be otherwise shall be null and void and have no effect. 11. In no event shall the Alternate Payee have any greater rights than those which are available to the Participant. 12. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order as such is defined under Section 414(p) of the Internal Revenue Code of 1986, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. By the Court: Participant: .D AL,,Ae Alternate Payee: exmWW-Af- Andes R- thaw eqpies Pab `/ ' p !?i ll in,?n S . ls, lt/15/ piCB Date: l l 1 Date: 10 -X5-/t Date: /() -Z8'?