HomeMy WebLinkAbout09-0965._ ~ ,
Nichole M. Staley O'Gorman, Esquire
ID #78966
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
nstaley@pkh.com
HAROLD J. RITTNER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
SUSAN R. RITTNER,
Defendant
NO. (~- QloS CtV~I.T~e~
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 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, Cumberland County Courthouse, One
Courthouse Square, Room 100, Carlisle, PA 17013-3387.
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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 1249-3166
AV_
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mks adelante en las siguientes paginas, debe tomar
accion dentro de los prbximos veinte (20) dias despues de la notificaci6n de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que
si usted falla de tomar accion como se describe anteriormente, el caso puede proceder
sin usted y un falto por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mks aviso adicional. Usted puede perder dinero o propiedad u
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 1249-3166
(800) 990-9108
. -.
5. There have been no prior actions in divorce or annulment between the
parties.
6. Neither of the parties in this action is presently a member of the Armed
Forces.
7. The Plaintiff and Defendant are both citizens of the United States.
8. The marriage is irretrievably broken.
9. 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. Being so advised, Plaintiff does not request that the Court require the
parties to participate in counseling prior to a Divorce Decree being issued by the Court.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in
Divorce.
PURCELL, KRUG & IjQLLER
By:
ID #78960/.-
1719 North Front S
Harrisburg, PA 17102
(717) 234-4178
Attorney for Plaintiff
DATE: ~-~~ ./gQ
Esquire
2
VERIFICATION
I, Harold J. Rittner, hereby verify that the facts contained in the foregoing
Complaint in Divorce are true and correct to the best of my knowledge, information and
belief.
I understand that false statements made herein are subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
~~~
Harold J. Rittner
Date: a 3 D
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Nichole M. Staley O'Gorman
ID #79866
1820 Linglestown Road
Harrisburg, PA 17110
(717) 236-9777
nogormana-staleyogormanlaw. com
HAROLD J. RITTNER,
V.
SUSAN R. RITTNER,
-<>
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 09-965 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
Defendant
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you must file a
counter-affidavit within twenty days after this affidavit has been served on you or the
statements will be admitted.
AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on or about January 30, 2008 and have
continued to live separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 1 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.
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. Cons. Stat. Ann. §
4904, relating to unsworn falsification to authofifies.
Aloe
Harold J. Ritt
Date: -?3?aD l 2 .
2
a-
"LEO-OFFj?----
T
2012 MAR -9 AM 10: L I
CUMBERLAND 00UtN-r
PENNSYLVANIA
HAROLD J. RITTNER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 09-965 CIVIL TERM
SUSAN R. RITTNER, CIVIL ACTION - LAW
Defendant IN DIVORCE
COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE
1. Check either (a) or (b):
[4a) I do not oppose the entry of a divorce decree. ?j 1.1 ,fit l.f??? L
C
(b) I oppose the entry of a divorce decree because
[Check (i), (ii), or both]
[ ] (i) The parties to this action have not lived separate and apart for a period
of at least two years.
[ ] (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
[ ] (a) I do not wish to make any claims for economic relief. 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.
[ ] (b) I wish to claim economic relief which may include alimony, division of
pr erty, lawyer's fees or expenses or other important rights.
I understand that in addition to check (b) above, I must also file all of my economic
claims with the Prothonotary in writing and serve them on the other party. If I fail to do so
before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce
decree may be entered without further notice to me, and I shall be unable thereafter to file
any economic claims.
I verify that the statements made in this counter-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:
u s a n
R. Rion
NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not
wish to make any claim for economic relief, you need not file this counter-affidavit.
2
Nichole M. Staley O'Gorman, Esquire
ID #79866
1820 Linglestown Road
Harrisburg, PA 17102
(717) 236-9777
nogorman@staleyogormanlaw.com
HAROLD J. RITTNER,
Plaintiff
V.
SUSAN R. RITTNER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-965 CIVIL TERM
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 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, Cumberland County Courthouse, One
Courthouse Square, Carlisle, PA 17013.
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. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE.
o-2. -zb
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6. Petitioner and Respondent have not agreed on an equitable distribution of
this property.
WHEREFORE, Plaintiff requests the Court enter an Order equitably dividing all
the marital property of the parties.
4820 chole t?Gorman, Esquire
Lin lest w oad
arrisburg, PA 17110
717 236-9777
Date: Attorney for Petitioner, Harold J. Rittner
CERTIFICATE OF SERVICE
I, Tonya Daugherty, Legal Assistant to Nichole M. Staley O'Gorman, hereby
certify that a true and correct copy of the foregoing document was served upon the
Defendant, by sending a copy of the same via first class U.S. Mail to:
Samuel L. Andes, Esquire
525 N. 12th Street
Lemoyne, PA 17043
`19
Tonya Daugherty, Legal AsSZ9 ant toG
Nichole M. Staley O'Gorman, Esquire
1820 Linglestown Road
Harrisburg, PA 17110
DATE: ?,INI ?,,
HAROLD J. RITTNER, IN THE COURT OF COMMON PLEAS,-,
Plaintiff CUMBERLAND COUNTY, PENN_SLVIIA
V. NO. 09-965 CIVIL TERM .?
a-' c-n
SUSAN R. RITTNER, CIVIL ACTION - LAW
Defendant IN DIVORCE - =-
Motion For Appointment of Master
Harold J. Rittner ( X ) Plaintiff () Defendant, moves the court to appoint a master with respect to the
following claims:
(X) Divorce (X ) Distribution of Property
( ) Annulment ( ) Support
( ) Alimony ( ) Counsel Fees - =
( ) Alimony Pendente Lite ( ) Costs and Expenses
-. ,.J t...-:
co
and in support of the motion states: _,.
1. Discovery is complete as to the claim(s) for which the
appointment of a master is requested.
2. The defendant (X) has ( ) has net appeared in the act orz f-}-
(X) by her attorney, Samuel L. Andes, Esquire.
3. The statutory ground(s) for divorce +i-s+ (are)
3301(c) or (d)
4. Check the applicable paragraph(s), by check mark.
( The a-e-t i e n is net ee?ested.
-E 1 An agreement has been iaaaehed with respeet to the
fellewing ela!Fas
(X ) The
claims: _
Equitable
action is contested with respect to the following
Distribution
5. The action ( --) invelves (X) does not involve complex
issues of law or fact.
6. The hearing is expected to take One (1) day
7. Additional information, if any,, elevant to the motion: None
at this time
,
Date: 6&hol S al O'Gorman, Esquire
Couns 1 for ntiff
ORDER APPOINTING MASTER
AND NOW, ll/)hQ ?? , 2012,
Esquire, is appointed master with respect to the following claims:
BY THE
J
wu-e l 1` - 14nd's Est < J.
,PAC i
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0 T IJON(7 T4 r?x�a.
2613 APR 26 A1911_.
Nichole M. Staley O'Gorman, Esquire CUMBERLAND
LDaw Offc PE ' S YI�q a of Nichole M. Staley O'Gorman I N!Q��l Y
1820 Linglestown Road
Harrisburg, PA 17110
(717)236-9777
nogorman @staleyogormanlaw.com
HAROLD J. RITTNER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 09-965 CIVIL TERM
SUSAN R. RITTNER, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 17, 2009.
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. 1 consent to the entry of a final,decree of divorce after service of notice of
intention to request entry of the decree.
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:
HAROLD J. R(I&NER
4`ILE -OFFICE
Of, THE PRO i HIONO TAfi y
2013 APR 26 AN 11: 44
Nichole M. Staley O'Gorman, Esquire CUMBERLAND COUNTY ID#79866
Law Office of Nichole M. Staley O'Gorman PENNSYLVANIA .
1820 Linglestown Road
Harrisburg, PA 17110
(717)236-9777
nogorman @staleyogormanlaw.com
HAROLD J. RITTNER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 09-965 CIVIL TERM
SUSAN R. RITTNER, CIVIL ACTION - LAW
Defendant : IN DIVORCE
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. 1 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. 1 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. §4904 relating
to unsworn falsification to authorities.
Date: 9 L12 °
HAROLD-J. R40NER
1 .ILED-OF ICE 4111
OF ;I E PR03HONOTAn
L '
2013 APR 26 R114* 44
CUMBERLAND COUNTY
PENNSYLVANIA
HAROLD J. RITTNER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs. ) CIVIL ACTION - LAW
NO. 2009-965 CIVIL TERM
SUSAN R. RITTNER, )
Defendant ) IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3341(c) of the Divorce Code was filed on
I 2Zq and served upon the Defendant on Z5- ? Z.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of both the filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of a 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 in 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
unsworn falsification to authorities.
Dated: SUSAN R. RITT R
u€ 111 P20%GI QTAF'�
2013 APR 26 011"'
CU 13ERLPM COl 41"
p�t��1SYLVAMIA
HAROLD J. RITTNER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
VS. ) CIVIL ACTION - LAW
NO. 2009-965 CIVIL TERM
SUSAN R. RITTNER, )
Defendant ) IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw all economic claims previously filed on behalf of the Defendant in this
matter, including claims for equitable distribution, alimony, alimony pendente lite, counsel fees
and expenses.
Date: 23 April 2013
Samuel L. ndes
Attorney for Defendant
Supreme Court ID # 17225
t'1
OF THE P OTHQN30f`AIV,�
13.11Ay -3
CUMBERLAND COUNTY
PENNSYLVANIA
Nichole M. Staley O'Gorman, Esquire
ID#79866
Law Office of Nichole M. Staley O'Gorman
1820 Linglestown Road
Harrisburg, PA 17110
(717) 236-9777
nogorman @staleyogormanlaw.com
HAROLD J. RITTNER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 09-965 CIVIL TERM
SUSAN R. RITTNER, CIVIL ACTION - LAW
Defendant IN DIVORCE
MOTION TO REVOKE APPOINTMENT OF MASTER
AND NOW, comes Plaintiff, Harold J. Rittner, by and through his attorney, Nichole
M. Staley O'Gorman, Esquire, and files this Motion to Revoke Appointment of Master,
and in support thereof, avers as follows:
1. Movant is Harold J. Rittner, Plaintiff in the above captioned divorce action.
2. Respondent is Susan R. Rittner, Defendant in the above captioned divorce
action.
3. On February 17, 2009, Movant filed a Complaint in Divorce requesting a
no-fault divorce under §3301(c) or (d) of the Divorce Code, and on June 15, 2012, filed a
Petition raising a claim for.equitable distribution.
4. On June 15, 2012, Movant filed a Motion for Appointment of Divorce
Master.
5. On June 18, 2012, this Court entered an order appointing E. Robert
Elicker, III, Esquire as Divorce-Master in this matter.
6. Since entry-of this Order, the parties have reached an agreement as to all
outstanding divorce and economic issues and desire to revoke the appointment of the
Divorce Master.
7. Respondent is represented by Samuel Andes, Esquire who does not
oppose this Motion.
8. The Honorable Kevin A. Hess has previously ruled in this matter.
WHEREFORE, Movant respectfully requests this Honorable Court to revoke the
appointment of E. Robert Elicker, III, Esquire as Divorce Master in this case.
ichole M. a ey ' rman, Esquire
D #79866
Law Office of Nichole M. Staley O'Gorman
1820 Linglestown Road
Harrisburg, PA 17110
(717) 236-9777
Date:
- 2 -
CERTIFICATE OF SERVICE
The undersigned certifies that on this day of May 2013, a true
and correct.copy of the foregoing Motion to Revoke Appointment of Divorce
Master was served by first-class mail, postage prepaid, upon the following:
E. Robert Elicker, III, Esquire
9 N Hanover Street
Carlisle, PA 17013
Samuel Andes, Esquire
525 North 12th Street
Lemoyne, PA 17043
Allison C. Gossett
Y
' 1
,
17'LEla-O "�t,�
MAY -8 Pry 3. 43
CUMBERLAND COUNTY
PENNSYLVANIA
HAROLD J. RITTNER, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 09-965 CIVIL TERM
SUSAN R. RITTNER, CIVIL ACTION - LAW
Defendant IN DIVORCE
ORDER
AND NOW, this , day of r'ng!j , 2013, upon review of Plaintiffs Motion
to Revoke Appointment of Master, said Motion is GRANTED. The appointment of E. Robert
Elicker, III, Esquire as Divorce Master in the above-captioned matter is hereby revoked.
By the Court:
J
Distribution:
Samuel Andes, Esquire
525 North 12th Street
Lemoyne, PA 17043
L/Nichole M. Staley O'Gorman, Esquire
1820 Linglestown Road
Harrisburg, PA 17110
E. Robert Elicker, 111, Esquire — p6,6,::L
9 N Hanover Street
Carlisle, PA 17013
L
5/ ft3
f i�L PR0TNON0.TA'-ky
U13MAY 16 A 11 44
CUMBERLAND COUNTY
PENNSYLVANIA
HAROLD J. RITTNER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 09-965 CIVIL TERM
SUSAN R. RITTNER, CIVIL ACTION - LAW
Defendant IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a
Decree in Divorce:
1. Ground for divorce: irretrievable breakdown under Section ® 3301(c)
❑ 3301(d) of the Divorce Code. (Check applicable code)
2. Date and manner,of service of the Complaint: 2/25/09 — service was
accepted by counsel for Defendant.
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 4/19/13; by defendant
4/24/13.
B. (1) Date of execution of the plaintiff's Affidavit required by Section
3301(d) of the Divorce Code: ;
(2) Date of filing and service of the plaintiff's Affidavit upon the
respondent
4. Related claims pending: None.
5. (Complete either A or B)
A: Date and manner of service of the Notice of Intention to file praecipe to
transmit record, a copy of which.is attached:
B. Date of plaintiff's Waiver of Notice in 3301(c) divorce was filed with the
Prothonotary: April 26, 2013.
C. Date of defendant's Waiver of Notice in 3301(c) divorce was filed with
the Prothonotary: April 26, 2013.
By:
N M. Staley O'Go man, Esquire
I D # 7866
1820 Linglestown Road
Harrisburg, PA 17110
(717) 236-9777
Attorney for Plaintiff
DATE: 13
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 13th day of May, 2013, a
true and correct copy of a Praecipe to Transmit Record was served by first class,
U.S. Mail, postage prepaid on the following:
Samuel Andes, Esquire
525 North 12th Street
Lemoyne, PA 17043
Heather J u n, Paralegal to
Nichole ey O'Gorman
`
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HAROLD J. RITTNER
V.
SUSAN R. RITTNER NO. 09-965
DIVORCE DECREE
AND NOW, /)i*% —4-60r it is ordered and decreed that
HAROLD J. RITTNER plaintiff, and
SUSAN R. RITTNER defendant, are divorced from the
bonds of matrimony.
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,")
By the Court,
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HE. E i3O i HO u TAR T
21313 JUN -7 PH 1: 413
HAROLD J. RITTNER,C;J; CLRL;� O COUNT'' ) IN THE COURT OF COMMON
Plaintiff PENNSYLVANIA ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
) NO. 2009-965 CIVIL TERM
SUSAN R. RITTNER, )
Defendant ) IN DIVORCE
MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW come the above-named parties, by their respective attorneys, and jointly
move the court to enter the attached Qualified Domestic Relations Order to satisfy one of the
requirements of their final settlement agreement.
,r\
►I
6-c15
ki A A AAAA 1111 Pte _/
1 ole M. Staley 1'G rm n
ttorney for Plaintiff
14NI)CQ4 '
Samuel L. Andes
Attorney for Defendant
629222618
Harold J. Rittner CASE NO, 09-965 Court of Common Pleas of
Cumberland County, PA
VS. QUALIFIED 1 Courthouse Square
DOMESTIC Carlisle
Susan R. Rittner RELATIONS ORDER PA 17013
WHEREAS, this Court has jurisdiction over the parties and the subject matter of this Order-, and
WHEREAS, the parties and the Court intend that this Order shall be a Qualified Domestic Relations
Order(hereinafter referred to as a "ODRO")as defined in Section 206(d)(3) of the Employee
Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal
Revenue Code of 1986, as amended: and,
WHEREAS, pursuant to the referenced statutes,the Plan Administrator shall make a determination of
the qualified status of this Order; and
WHEREAS,following approval by the Plan Administrator, this Order shall constitute a Qualified
Domestic Relations Order; and
WHEREAS, the parties have stipulated that the Court enter this Order;
NOW,THEREFORE, pursuant to this state's Domestic Relations Laws, IT IS HEREBY ORDERED BY
THE COURT as follows:
1. As used in this Order, the following terms shall apply:
a. "Participant" shall mean Harold J. Rittner, whose current address is 309 Briar Ridge Circle,
Enola, PA 17025.
b. "Alternate Payee" shall mean Susan R. Rittner,whose current address is 3708 Swindon
Lane, Mechanicsburg, PA 17050.
c. "Plan" shall mean IBM 401(k) Plus Plan.
2. The Order relates to marital property rights.
3. The date of marriage was 0410311982.
4. The date of legal separation or divorce is 01/30/2008.
5. The Alternate Payee is the former spouse of the Participant.
6. With respect to marital property, alimony and spousal awards, the Participant and the Alternate
Payee are/were married for federal income tax purposes.
7. The"Valuation Date"shall be 01/0812013.
629222618
S. The Alternate Payee's interest in the Plan shall be $173,000.00 of the Participant's total vested
account balance under the Plan as of the Valuation Date.
9. The Alternate Payee's award is entitled to earnings(gains and losses) from the Valuation Date
to the date that the award is segregated from the Participant's account. From and after the date
of segregation, the Alternate Payee's award shall be held in an account under the Plan and
shall be entitled to all earnings attributable to the investments therein.
10. In the event there is an outstanding loan balance as of the Valuation Date, the loan balance will
not be included for purposes of calculating the account balance to be divided.
11. The Alternate Payee's award will be paid proportionately from all standard plan investment
options in which the Participant's account is invested as of the date of account segregation.
12,The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump
sum distribution, as soon as administratively feasible following the date that the Order is
determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with
the terms of the Plan and the administrative procedures that have been established by the Plan
Administrator. The amount distributed to the Alternate Payee will be based on the value of the
Alternate Payee's account on the date the distribution is processed.
13. In the event that the Alternate Payee dies either prior or subsequent to the segregation of
assets for the Alternate Payee, the Alternate Payee's award will be paid to the Alternate Payee's
estate.
14. Neither Party shall accept any benefits from the Plan which are the property of the other Party.
In the event that the Plan Administrator inadvertently pays to the Participant any benefits that
are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall
forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently
pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant
to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan.
15. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Alternate Payee who is
the spouse or former spouse of the Participant will be treated as the distributee of any
distributions or payments made to the Alternate Payee under the terms of this Order, and as
such, will be required to pay the appropriate federal and/or state income taxes on such
distribution. If the Alternate Payee is a child or other dependent of the Participant, the
Participant will be responsible for any federal and/or state income taxes on any such
distribution.
16,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.
629222618
17. The one time determination fee for review of the Domestic Relations Order will be allocated
50%from the Participants account and 50%from the Alternate Payee's account. The fee will
be taken from the investment options in the applicable account(s) according to the plan level fee
method as of the date the fee is deducted.
Dated: I# zolt Judge of the Court: —/-,�I-
CONSENT TO ORDER:
I intiff/Particip n Date - efendant/Alternate P e ate
d&,
11-1A (:iefen�dant/Altern ate
I �Lt�Pee
ttorney for
PI-r Cfate Attorney for
articipant j Alternate Payee
rff/ endar Date
W
Attorney for Participant: Attorney For Alternate Payee:
Vichole Staley O'Gorman, Esq. --'Samuel Andes, Esq.
Staley O'Gorman Family Law Practice Law Office of Samuel L. Andes.
1820 Linglestown Road 525 North Twelfth Street; P.O. Box 168
Harrisburg, PA 17110 Lemoyne, PA 17043
Track No: 629222618
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