HomeMy WebLinkAbout09-60530
ANN W. MARTIN,
Plaintiff
VS.
RICHARD P. MARTIN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO.
09-? /?i v? I ?l?rh
: 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 action. You are warned that, if you fail to do so, the
case may proceed without you and a decree of divorce or annulment 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.
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.
LAWYER REFERRAL SERVICE
of the Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone (800) 990-9108
ANN W. MARTIN,
Plaintiff
VS.
RICHARD P. MARTIN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
: CIVIL ACTION - LAW
: IN DIVORCE
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expuestas en las paginas seguientes, debe tomar accion con prontitud. se le avisa que si no se
defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido
en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier
otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, o
propiedades u otros derechos importantes pars usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lists de consejeros matrimoniales
esta disponible en la oficina del Prothonotary, en la Cumberland County, One Courthouse
Square, Carlisle, PA 17013.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL,
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO
FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER
EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO
NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA
INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
LAWYER REFERRAL SERVICE
of the Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telefono (800) 990-9108
ANN W. MARTIN,
Plaintiff
VS.
RICHARD P. MARTIN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. a 9- G o 53 7 14"
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE
AND NOW, comes Plaintiff, Ann W. Martin, (hereinafter referred to as "Plaintiff'), by
and through her counsel, Linda A. Clotfelter, Esquire who files this Complaint in Divorce and in
support thereof states the following:
1. Plaintiff is Ann W. Martin, an adult individual who resides at 907 Loring Lane,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant is Richard P. Martin, an adult individual who resides at 1988 Gramercy
Place, Hummelstown, Dauphin County, Pennsylvania 17036.
COUNT I - DIVORCE
3. Paragraphs 1 and 2, above, are incorporated herein by reference.
4. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth
of Pennsylvania for at least six (6) months immediately before the filing of this divorce
Complaint.
5. Plaintiff and Defendant were marred on June 2, 1979 in Shiremanstown,
Pennsylvania.
6. The parties have been separate and apart within the meaning of the Pennsylvania
Domestic Relations Code since September 4, 2009.
7. There have been no prior actions of divorce or for annulment between the parties.
8. Defendant is not a member of the armed forces of the United States or any of its
allies.
9. Plaintiff avers that the marriage is irretrievably broken.
10. Plaintiff has been advised of the availability of counselling and that Plaintiff may
have the right to request that the court require the parties to participate in counselling. Plaintiff
does not desire counselling.
WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce
and an Order of Court granting such other relief as this Court deems just and proper.
COUNT II - EQUITABLE DISTRIBUTION
11. Paragraphs 1 through 10, above, are incorporated herein by reference.
12. During the course of the marriage, the parties have acquired both real and personal
property and they have incurred various debts.
13. The parties have been unable to agree as to the equitable distribution of their
marital assets and debt.
14. Plaintiff asks that this court equitably distribute the parties' marital property as
well as their marital debt.
WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce;
an Order of Court equitably distributing the parties' marital property and debt; and an Order of
Court granting such other relief as this Court deems just and proper.
COUNT III- ALIMONY
15. Paragraphs 1 through 14, above, are incorporated herein by reference.
16. Plaintiff lacks sufficient property to provide for her reasonable needs.
17. Plaintiff is unable to sufficiently support herself through appropriate employment.
18. Defendant has sufficient income and assets to provide continuing and indefinite
support for the Plaintiff.
WHEREFORE, Plaintiff requests this Honorable Court enter a Decree of Divorce; an
Order of Court compelling the Defendant to pay alimony to the Plaintiff, and an Order of Court
granting such other relief as this Court deems just and proper.
COUNT IV - ALIMONY PENDENTE LITE, COUNSEL FEES,
COSTS AND EXPENSES
19. Paragraphs 1 through 18, above, are incorporated herein by reference.
20. By reason of the institution of the action to the above term and number, Plaintiff
will be and has been put to considerable expense in the preparation of his case, in the
employment of counsel, and the payment of costs.
21. Plaintiff is without sufficient funds to support himself and to meet the costs and
expenses of this litigation and is unable to appropriately maintain himself during pendency of
this action.
22. Plaintiffs income is not sufficient to provide his reasonable needs to pay his
attorney's fees and the costs of this litigation.
23. Defendant has adequate earnings to provide support for the Plaintiff and to pay
his counsel fees, costs and expenses.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a Decree of
Divorce; an Order of Court equitably distributing the parties marital property and debt; an Order
of Court compelling the Defendant to pay alimony, alimony pendente lite, counsel fees, costs
and expenses; and granting such other relief as this Court deems just and proper.
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
r
Date: 11*q (By:
inda A. Clotfelter, Esquire
ttorney I.D. No. 72963
021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
Attorney for Plaintiff
(717) 796-1930 Telephone
(717) 796-1933 Facsimile
ANN W. MARTIN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO.
RICHARD P. MARTIN, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
VERIFICATION
I, ANN W. MARTIN, verify that the statements in the foregoing DIVORCE
COMPLAINT are true and correct to the best of my knowledge, information and belief. 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:
ANN W. MARTIN, Plaintiff
RLED-QFriGE
OF THE P'ROTHo?JNoTARY
7089 SEP -4 PM 10 14
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ANN W. MARTIN,
Plaintiff
VS.
RICHARD P. MARTIN,
Defendant
: IN THE COURT OF COMMON PLEAS O
: CUMBERLAND COUNTY, PENNSYLVA
NO. 09-6053
CIVIL ACTION - LAW
IN DIVORCE
WITHDRAWAL OF APPEARANCE
Kindly withdraw the appearance of Linda A. Clotfelter, Esquire, of Law Firm of L
Clotfelter for Plaintiff, Ann W. Martin, in the above-captioned matter.
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFEL
Date: 10 V
LINDA A. CLOTFELTER, E
Attorney I.D. 72963 ?
5021 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
ENTRY OF APPEARANCE
Kindly enter the appearance of Jacqueline M. Verney, Esquire, of Law Firm of
M. Verney for Plaintiff, Ann W. Martin, in the above-captioned matter.
Date: f//1 16
By:
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFEL
1ACQUELINE M. VERNEY,
Attorney I.D. 23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190 telephone
(717) 243-3518 facsimile
A.
OF THE_ PR T, HONOTARY
2009 SFF I I Fl 2: 17
P L1rNN
i
r ILEA; -OFt ,t
HIE PROTHONOTAR,,,,
2011 MAR-8 A110:16
NCUMBERLANO COUNTY
PENNSYLVANIA
David F. Tamanini, Esquire
Attorney I.D. No. 27775
TAMANINI LAW OFFICE Telephone (717) 541-1805
4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com
HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Defendant, Richard P. Martin
ANN W. MARTIN,
PLAINTIFF
V.
RICHARD P. MARTIN,
DEFENDANT
: N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 09-6053 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please withdraw my appearance on behalf of the Defendant, Richard P. Martin, in the above-
captioned matter.
Luther E. Milspa*,Jk, Esquk
Supreme Court I.D. No. 19226
130 State Street
I Harrisburg, PA 17101
Dated: l
_ (717) 236-3141
enter my appearance on behalf of the Defendant, Richard P. Martin, in the above-
captioned matter.
Dated:
David F. Tamanini, Esquire
Supreme Court I.D. No. 27775
TAMANINI LAW OFFICE
4800 Linglestown Rd., Suite 309
Harrisburg, PA 17112-9507
(717) 541-1805
Attorney for Defendant, Richard P. Martin
4-
ANN W. MARTIN,
vs.
IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD P. MARTIN,
DEFENDANT
No. 09-6053
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the above Praecipe for
Withdrawal and Entry of Appearance upon all counsel/parties of record by depositing the same
in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 7`h day
of March 2011, addressed as follows:
Luther E. Milspaw, Jr.
Law Office of Luther E. Milspaw, Jr.
130 State Street
Harrisburg, PA 17101
Bradley L. Griffie, Esquire
Griffie & Associates
200 North Hanover Street
Carlisle, PA 17013
David F. Tamanini, Esquire
Tamanini Law Office
4800 Linglestown Road, Suite 309
Harrisburg, PA 17112-9507
.11
Respectfully submitted,
i
I
?.
TA L. SW R , Paralegal
Law ffice of Luther E. Milspaw, Jr.
4 State Street
P.O. Box 946
Harrisburg, PA 17108-0946
(717) 236-3141
4 `
Max J. Smith, Jr., Esquire
Attorney I.D. #32114
Jessica E. Lowe, Esquire
Attorney LD. #208041
James, Smith, Dietternck & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Telephone: 717-533-3280
Fax: 717-533-2795
e-mail ~~i~ ~j~~~c ~c3~~
ANN tiV. "MARTIN,
Plaintiff
~.
RICHARL) P. MART1[N,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVAN[A
NO. 2009-6053
CIVIL ACTION -LAW
IN DIVORCE
STIPULATION FOR ENTRY OF
QUALIFIED :DOMESTIC RELATIONS ORDER
AIy'D NOW COMES the Defendant, RICHARD P. MARTIN, ~by his attorney, A~I:~X J.
SMITH, JR., ESQUIRE, and the Plaintiff, ANN W. MARTIN, by her attorney, .iAl~-1 ES R.
DEMMEL, and respectfully state as follows:
1 A divorce action is pending in the Court of Common Pleas of Cumberland
County-
?. A Marital Settlement Agreement of the parties was executed on October -I, 2012.
3. Numbered paragraph nine (9) of said Marital Settlement Agreement requires
Defendant to transfer t~o Plaintiff the sum of 5161,978 from his IRA account through Scottrade,
which transfer shall be effected through a Qualified Domestic Relations Order (QDF:Ot.
~. The attached QDRO has been prepared in order to accomplish the transfer of
monies required by paragraph nine (9) of the Marital Settlement Agreement and the (~)I>RO has
been approved by the authorized representative of Scottrade.
The parties desire that the QDRO be entered so that it may be for`varded to
Scottrade for the purpose of accomplishing the required transfer of monies from Defendant's
retirement account to Plaintiff.
WHEREFORE, the parties hereto, intending to be legally bound hereby, jointly request
that the attached Qualified Domestic Relations Order (QIJRO) be issued by the Court.
t ~~:`
fJ~ ~ ~ .. ~~ ~~ ~
MAY J. SMITH, JR.. E QUIRE
Attorney for Richard P. Martin
''~
J S R MMEL, ESQUIRE
A torney r Ann W. Martin.
CHRRD P. MARTIN, Defendant
ANN W. MARTIN, Plaintiff
SNIGEL, ANDERSON c4c SACKS, LLP
James R. l)emm~l, Esquire ID: 90918
4-13 ! N~~rth brunt .tiu cat, 3 ~`~ Ph .
Harsbur~,PA '-1IU-177
\ttorne~ fni~ Plain ill
ANN ~ti". NL~RTIN,
:PLAINTIFF
_ ~ ~ :'
._1 L t~.s :1~.i~;
.c r I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNS~Y'L~'ANIA
~~.
RICHARD P. MARTIN,
:DEFENDANT
DOCKET NO. 2009-6053
CIVIL ACTION -DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Cod~° was'iled on September 4,
2009.
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 e~I' intention to
request entry of the decree.
1 verify that the statements made in this Affidavit are true and correct. I undf.rstand that false
statements herein are made subject to the penalties of l 8 Pa.C'.S. §490~G relating to unsworn
fa]sification to authorir.ies.
Date:_~~~y ~~/Z ~ . ~~ ~,~_
Ann W. Martin
f
ti -.~ 1~~ ~-d t ,
~, r ~.~ r~l~r "~I
~ ANN W. MARTIN. IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
~-. No. 1009-6053
RICHARD P. MARTIN,
DEFENDANT CIVIL ACTION -DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQLiEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) AND &3301(d) OF THE DIVORCE CODE
i . I consent to the entry of a final decree of divorce without notice.
:_'. I understand that I may lose rights concerning alimony, division of pronert~-, lawyer's fees
or expo°~,ses if I do riot claim them before a divorce is granted.
?. I ~~nderstand that I will not be divorced until a divorce decree is enter~°d ~?~~ the Court and
that a ~.:r.~py of the decree will be sent to me immediately after it is filed with the Protho~:~<titan°.
I verify tract the staterrients made in this Affidavit ,are true and correct. I understand. that false
statements herein are made subject to the penalties of 18 1'a.C.S. Section 4904 relating *..~ ~~nsworn
falsification to authorities.
r
Date. (,~C',~o~.Y 'f, 20/2 ( , ~_~~-~..~1
ANN VV. MARTIN
ANN W. MARTIN, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO.2006-60536
,_
RICHARD P. MARTIN, :CIVIL ACTION -LAW
Defendant IN DIVORCE .._
1
AFFIDAVIT OF CONSENT AND _- _:_ --
WAIVER OF COUNSELING ~:=;
1. A Con~iplaint in Divorce under Section 3301(c) of the Divorce Code .vas filed on
September 4, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and. ninety days
have elapsed since 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.
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. 1 further
understand that the Court maintains a list of marriage counselors in the Prothonotaty'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 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. Section 4904., relating to
unsworn falsification to authorities. ~
~, ,
~, _
Date: October _ i ~_ , 2012 ~~ :v '%
RICHARD P. MARTIN
ANN W. MARTIN,
Plaintiff
vs.
RICHARD P. MARTIN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-60536
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
&3301(c) OF THE DNORCE CODE
1. I consent to the entry of a Final Decree of Divorce without further 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.
~ -
r.; ~ -._
~~
Date: October ~ 1 _, 2012 `` '-'r/~ _.____
RICHARD P. MARTIN
i . ~. i
-, ~ __ 1 ~'
~ti!_ t i ~
r•
S,A11GF1.._A,A'DI?KtiUA~c ~~CK~, I,1.P t,_ ~sl i,~ I ~'' ~}~.~~ I~~~
.anl~l [t I)cnunc~~~. I~syuirc If): 9u~)18 ~.
i
4-l? I North Front ~tnret, 3 ` l'Ir-
llarrishur~, PA '~?I IQ-17-8
(? I -) Z i~-2a0:
Attornc~ fbr Plaintiff
ANN ~.V. MARTIN, IN THE COURT OF COMMON PL LAS
PLAINTIFF :CUMBERLAND COUNTY, PENNSI'?.`~':'~NIA
. i
~~ :DOCKS"~~ NO. 2009-6(i~3 I'~~
RICH.~~RD I .MARTIN,
DEFENDANT :CIVIL AC'T[ON -DIVORCE
PRAECIPE TO TRANSMIT RECCIRD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court I~,~r c.~trv of a divorce
decree:
1. Ground for divorce: Irretrievable breakdown) under ~3301(c) o(~thc Div~~rc_~ Curie.
2. Date and manner of service of the Complaint: The Divorce Complaint. ~~,~~~s ~~cr~~ed via l ~.5.
~, First ! 'la:,s a~~ail, postage paid ol~ Defendant on September ~, ?009. ?. copy of rl« ; ~~n~,.1 -~eceptanrc ~>f
Service it; ,~itached hcreao.
i
i
3. (a) Date of execution of the Affidavit of Consent required by ~> (i I (r) of she Divcn~cc
~ Code: by Plaintiff on October 4, 2012; and by Defendant ou October 1 1, 201 ~.
i
i (b) (I) Date of execution of the Affidavit required by ~3301(di ~_>f tl~.~ [)I~~orce Code: ~>>:
applicable.
I .
(L) Date of filing and service of the Affidavit upon the Rcsponcient:
Not applicable.
l~
4. Related claims pending: None.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of intention to File Pr~~~cip~~ to Transmit
Record, a copy of which is attached:
(b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed ti,~ith the
Prothonota~-v: Simultaneously with the filing of this praecipe.
Date Defendant's Waiver of Notice in ~3301(c) Divorce was 11Ic~1 with the
Prothonotar~~: Simultaneously with the filing of this praecipe;.
Respectfully Submitted,
SMIGEL, ANDERSON & S:^~CtiS, [.LP
Fate: __~0~ ~~~12~
By: `~____ _.
James R. emmel Fsquir~~ i.[~ ;~ ~)(1~~15
31 rth Front Streci
Harrisburg, F'A l 71 1 U-1 ?7,~~~
(717)234-2401
Attorney for Plaintiff
•
ANN W. IVIARTIN,
Plaintiff
vs.
RICHARD P. MARTIN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Q~- 6 o S~3
CIVIL ACTION - LA`W
IN DIVORCE
ACCEPTANCE OF SERVICE
I, RICHARD P. MARTIN, Defendant in the above-captioned matter, hereby 'accept.;'
service of the Complaint Under Section 3301(c) or 3301(d) of the Domestic Relations Code.
Date
RICHARD P. MARTIN
1988 Gramercy Place
Hummelstown, P~?. 17036
5;111GF.1 . AVDENSON c4c SACK~y LLP
,~;11llCSR Demnu9, Esquire ID# )0918
-1.131 N<~ilh Fnmi Su~cct, 3~`~ t~lr
liurrishur„'s'tA ?IlU-1778
Artorn~~ ftir Plainu(I`
ANN ~~'. VI.~~RTIN,
PLAINTIFF
RICHARD P. MARTIN,
DEFENDANT
IN THE COURT OF COMMON PLC-;a
CUMBERLAND COUNTY, PLN\Sl''_~V~:~\N1,~~
DOCKET NO. ?009-6053
CIVIL ACTION DIVORCE.
CERTIFICATE OF SERVICE
I, .James R. Deinmel, Esquire. counsel for Plaintiff in the abov~c-captioned rr;lit~r, do hereby
certifti that I served a true and correct copy of the foregoing Praecipe to Transmit Ri~cor~.l on counsel for
Defendant by placing same in the U.S. Mail, first class, },?ostage paid on the I (i`~' da~~ of October, 2012,
addressed as follov~~s:
MAX J. SMITH, JR:., ESQUIRE
JAMES, SMITH, DIETTER.ICK & CONNELLY
P.O. BOX 650
HERSHEY, PA 17033
SMIGF.L, ANDERSON ~ S~~C'KS, I,LP
,---- ('~
~''~,~
J es R. D mme , Esquir~.~ [. i) -: 90018
4 31 Nor Front Street. ?~' `~ F~ I r.
Ha ~ urg, PA 171 10
(717) 234-2401
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Ann W. Martin
v.
Richard P. Martin NO. 200q-6053
DIVORCE DECREE
AND NOW, ~a .?~9'3'~.t~~,c~ ~~ ~C~ / ~~., it is ordered and decreed that
Ann W. Martin ,plaintiff, and
Richard P. Martin ,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.")
None.
By the Court,
~.. ~ ~~-~
Attest: ~
Prothonotary
~~~~. coP ~ia,lPC/ ~
t~` y ~
lVOfi~e ~ co~v /c .a-~c~i~Po~ ?~ .~?
~PrY/~c°~
sue, •;~
~~b~ 2
STATE OF Pennsylvania CASE # 2009-6053
COUNTY OF Cumberland
IN THE
IN RE TO THE MARRIAGE OF:
Ann W. Martin
Plaintiff
and
Richard P. Martin
Defendant
Qualified Domestic Relations Order (Defined Contribution Plan)
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 employer-sponsored defined contribution plan, which is
qualified under Section 401 of the Internal Revenue Code (the "Code"): This order is intended to
constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and
Section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and shall be
interpreted and administered in conformity with such laws.
This order is entered pursuant to the authority granted under the applicable domestic relations laws of
the state of Pennsylvania
1. Plan
This order applies to the:
Tyco Electronics Corporation Retirement Savings and Investment Plan (the "Plan")
Any successor to this plan shall also be subject to the terms of the order.
2. Participant
The name, address, Social Security number, and date of birth of the participant are as follows:
Name:
Address:
Social Security Number:
Date of Birth:
COURT OF Common Pleas
Richard P. Martin
527 Roslaire Drive, Hummelstown, PA 170:
196-48-1483
January 14, 1956
3. Alternate Payee
The person named as alternate payee meets the requirements of the definition of alternate payee as
set forth in Section 4 of this order. The alternate payee's name, address, Social Security number, date
of birth, and relationship to the participant are as follows:
Name:
Address:
Social Security Number:
Date of Birth:
Relationship to Participant:
Ann W. Martin
24 Westfield Drive, Mechanicsburg, PA 17(
181-42-7535
May 19, 1957
Spouse
The alternate payee shall be responsible for notifying the Plan Administrator in writing of any
changes in his or her mailing address subsequent to the submission of this order.
4. Definitions
Alternate Payee-The alternate payee is any spouse, former spouse, child, or other dependent of a
participant who is recognized by a domestic relations order as having a right to receive all or a
portion of the benefits payable under the Plan with respect to the participant.
Liquidation Date-The liquidation date is the date the amount assigned to the alternate payee is
transferred from the participant's Vested Account Balance to a separate account established for the
alternate payee in accordance with the terms of the QDRO. An assignment as of the liquidation date
assigns a portion of the participant's current Vested Account Balance.
Plan Administrator-TE Connectivity ("Tyco") is the Plan Administrator for TE Connectivity's
plans. TE Connectivity has contracted with Hewitt Associates LLC to process domestic relations
orders in accordance with TE Connectivity QDRO requirements. Hewitt's Qualified Order Team will
conduct the qualification process.
Valuation Date-The Valuation Date is the date on which the participant's Vested Account Balance
will be valued in order to determine the alternate payee's designated portion in accordance with the
terms of this order. Accounts are valued on a daily basis.
Vested Account Balance-The participant's Vested Account Balance is the dollar amount the
participant has a nonforfeitable right to receive from the Plan.
5. Benefit Payable to the Alternate Payee
(Choose either Option A or Option B.)
^ Option A. Straight Percentage
The order assigns to the alternate payee an amount equal to
Account Balance under the Plan (identified in Section 1) as of
applicable Valuation Date).
of the participant's Vested
(insert
From the Valuation Date to the liquidation date, the amount assigned to the alternate payee (select
one):
Will include earnings and losses.
^ Will not include earnings and losses.
The participant's Vested Account Balance (select one):
^ Will be reduced by the value of outstanding loans before the alternate payee's portion of the
benefit is determined.
^ Will not be reduced by the value of outstanding loans before the alternate payee's portion of
the benefit is determined.
OR
Option B. Dollar Amount
This order assigns to the alternate payee an amount equal to $ 158,566 of the participant's Vested
Account Balance under the Plan (identified in Section 1) as of the liquidation date.
If the assigned amount as of the Valuation Date is greater than the full vested amount of the
participant's account as of that date (after any outstanding loan balances and/or withdrawals have
been deducted), the net Vested Account Balance will be the assigned amount.
6. Form of Payment
The alternate payee shall receive the portion of the plan benefits assigned to the alternate payee in a
single lump-sum payment. Such amount shall be adjusted for earnings and losses from the liquidation
date to the date of distribution to the alternate payee.
7. Commencement
The alternate payee shall be eligible to receive payment as soon as administratively reasonable
following the determination that this order is a Qualified Domestic Relations Order. In no event can
the alternate payee begin his or her benefit later than April 1 following the year in which the
participant attains age 70-12.
8. Death Procedures
If the participant predeceases the alternate payee prior to payment of the alternate payee's assigned
benefits under the QDRO, the alternate payee's benefits will not be affected. In the event of the
participant's death, the account balance, which remains the property of the participant, will be
payable to the participant's designated beneficiary or in accordance with Plan provisions. This order
does not require the participant to name the alternate payee as the beneficiary for the benefits not
assigned to the alternate payee.
In case of the death of the alternate payee prior to distribution of the alternate payee's benefits under
the QDRO, the assigned benefits will be paid to the alternate payee's designated beneficiary or, if
none, in accordance with Plan provisions.
9. Retention of Jurisdiction
This matter arises from an action for divorce or legal separation in this court under the case number
set forth at the beginning of this order. Accordingly, this court has jurisdiction to issue this order.
In the event the Plan Administrator determines that this order is not a Qualified Domestic Relations
Order, both parties shall cooperate with the Plan Administrator in making any changes needed for it
to become qualified. This includes signing all necessary documents. For this purpose, this court
expressly reserves jurisdiction over the dissolution proceeding involving the participant, the alternate
payee, and the participant's interest in the Plan.
10. Limitations
Pursuant to Section 414(p)(3) of the Code and except as provided by Section 414(p)(4), this order:
(i) Does not require the Plan to provide any type or form of benefit, or any option, not otherwise
provided under the Plan;
(ii) Does not require the Plan to provide increased benefits; and
(iii) Does not require the payment of benefits to an alternate payee that is required to be paid to
another alternate payee under another order previously determined to be a Qualified Domestic
Relations Order.
11. Taxation
For purposes of Sections 402 and 72 of the Code, any alternate payee who is the spouse or former
spouse of the participant shall be treated as the distributee of any distributions or payments made to
the alternate payee under the terms of the order and, as such, will be required to pay the appropriate
federal, state, and local income taxes on such distributions.
12. Constructive Receipt
If the Plan inadvertently pays to the participant any benefit that is assigned to the alternate payee
pursuant to the terms of this order, the participant will immediately reimburse the Plan to the extent
the participant has received such benefit payments and shall forthwith pay such amounts so received
to the Plan within ten (10) days of receipt.
If the Plan inadvertently pays to the alternate payee any benefit that is actually payable to the
participant, the alternate payee must make immediate reimbursement. The alternate payee must
reimburse the Plan to the extent he or she has received such benefit payments and shall forthwith pay
such amount so received to the Plan within ten (10) days of receipt.
13. Effect of Plan Termination
If the Plan is terminated, the alternate payee shall be entitled to receive his or her portion of the
participant's benefits as stipulated herein in accordance with the Plan's termination provisions for
participants and beneficiaries.
14. Certification of Necessary Information
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 to make the necessary calculation of the benefit amounts
contained herein.
Dated this l~ ~. day of ~~r'I.cc~-~~~~c/ , 2012
By the court:
Judge's Signatu
CONSENTED TO BY:
1
ANN W. MARTIN, Plaintiff / J
RICHARD P. MARTIN, Defendant
R. D MMEL, ESQUIRE
r Ann W. Martin, Plaintiff
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MAX J. SMITH, JR., SQUIRE
Attorney for Richard P. Martin, Defendant
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ANN W. MARTIN, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
RICHARD P. MARTIN,
Defendant
NO.2009-6053
CNIL ACTION -LAW
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
This matter having come before the court, which included a Marital Settlement
Agreement containing certain provisions dealing with the Scottrade IR.A of Richard P. Martin
(the "Plan").
The court now orders the following as required to carry forth such provisions; the
following retirement plan dispositions are made in accordance with 29 U.S.C. Section 105
ERISA Section 206(d) and IRS Code Section 414(p) governing the division of retirement benefit
marital property, and the following facts.
PARTIES TO THIS ORDER
1. Plan Participant and current address: Richard P. Martin, 527 Roslaire Drive,
Hummelstown, PA 17036.
2. Participant's Date of Birth: January 14, 1956.
3. Participant's Social Security Number: 196-48-1483.
4. Alternate Payee's Name and Address: Ann W. Martin, 24 Westfield Drive,
Mechanicsburg, PA 17050.
5. Alternate Payee's Date of Birth: May 19, 1957.
6. Alternate Payee's Social Security Number: 181-42-7535.
7. This Order applies to benefits under Scottrade IRA, 4635 High Pointe Blvd.,
Suite 83, Harrisburg, PA 17111.
RETIREMENT BENEFITS
Scottrade is directed to transfer from the Plan Participant's IRA account the sum of
$161,978, to the Alternate Payee, as soon as practical after the execution of this document.
Said amount shall include gains or losses due to investment experience from October 4, 2012
to the date of distribution.
To the extent that the Participant has amounts held in different investment funds, sub-
accounts or tax status accounts, then a "pro-rata" portion of the total amount of the Alternate
Payee's benefits shall come from each such fund or sub-account of the Participant.
This Order does not require the Plan to provide any payment of benefits to an Alternate
Payee which are required to be paid to another Alternate Payee under another Order previously
determined to be a Qualified Domestic Relations Order.
Death of Alternate Payee: In the event of Alternate Payee's death prior to her receiving
the full amount of benefits called for under this Order, her remaining share of the benefits shall
be paid to her designated beneficiary. If no beneficiary designation is in effect at the Alternate
Payee's death, any remaining amount of the Alternate Payee's share of the benefits shall be paid
in accordance with the Plan rules that apply when no beneficiary designation is in effect for a
Participant.
Death. of Participant: In the event of the Participant's death, his death shall in no way
affect Alternate Payee's right to the portion of her benefits as stipulated herein.
However, the Alternate Payee will not be entitled to any survivor benefits attributable to
the remaining portion of the Participant's benefits under the Plan unless the Participant,
independently of the Order, has designated the Alternate Payee as a beneficiary. However, if the
Participant remarries, any such designation would be subject to the spousal rights of the
subsequent spouse provided by ERISA, the Code and the terms of the Plan.
Nothing contained in this Order shall in any way require the plan to provide any form,
type, or amount of benefit not otherwise available by law.
It will be the responsibility of each party to keep the Plan Administrator apprised of their
current address.
Each party to this Order will be responsible for the tax liabilities incurred incident to their
receipt of the pension plan awarded to them.
It is further ordered that a true copy of this Order be served upon the agent for legal
service for Scottrade and shall take effect immediately and shall remain in effect until further
Order of the court. Until this Order is accepted by the plan administrators this court shall retain
jurisdiction to modify the same. Dated at Carlisle, Pennsylvania, this ~~,/dlay of
~~~~-/L~(.,rz ~'` , 2012.
BY THE COURT:
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Distribution:
Max J. Smith, Jr., Esquire
P.O. Box 650
Hershey, PA 17033-0650
717-533-3280
717-533-2795 (Fax)
Email: mjs@jsdc.com
James R. Demmel, Esquire
4431 North Front Street
Harrisburg, PA 17110
717-234-2401
714-234-3611
Email: jdemmel@sasllp.com