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Home My WebLink About10-0373I FlLE??+?r<<?E 'T THE F" ? .1; :,,140TARY Barbara Sumple-Sullivan, Esquire Supreme Court #32317 2010 JAN 14 Ph 3: 21 549 Bridge Street New Cumberland, PA 17070 ?,- ' ,'..u1'TY (717 774-1445 CL'??ipl- 0 10 414 KATHLEEN E. JARRETT, IN THE COURT OF COMMOKKMM V. Plaintiff WILLIAM D. JARRETT, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10 -,3r73 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 and visitation of your children. When the grounds for a 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 County Courthouse. 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, 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 $ 35a , 0D PA ATr4 u7 8g58 a 3t, 3o9 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN E. JARRETT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. lo, 373 c,v, ( f WILLIAM D. JARRETT, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Kathleen E. Jarrett, an adult individual residing at 725 Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is William D. Jarrett, an adult individual residing at 502 Terrace Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on January 8, 1993 in Jacksonville, North Carolina. 5. There are two (2) minor children born of this marriage being Samuel J. Jarrett (Born: May 7, 1993) and Abigail R. Jarrett (Born: March 6, 1997). 6. The parties separated on September 1, 2007. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Kathleen E. Jarrett, prays this Honorable Court to enter judgment: 2 A. Awarding Plaintiff a decree in divorce; and B. Awarding other relief as the Court deems just and reasonable. Dated: January 13, 2010 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 - KATHLEEN E. JARRETT, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM D. JARRETT, Defendant . NO. CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. 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. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unworn falsification to authorities. Dated: 2010 1- KATHLEEN E. JARRETT Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN E. JARRETT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. WILLIAM D. JARRETT, CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I, Kathleen E. Jarrett, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 1 12?h 2010 KATHLEEN E. JARRETT Barbara. Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN E. JARRETT, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10 - 373 N o WILLIAM D. JARRETT, CIVIL ACTION - LAW Defendant IN DIVORCE ao ACCEPTANCE OF SERVICE ca cry I, Elizabeth B. Stone, Esquire, hereby accepts service and acknowledges receipt of the above- captioned Complaint in Divorce on behalf of my client, William D. Jarrett, having received said Complaint on the IL---day of 2010. I hereby indicate I am autho ed by my client to accept service on his behalf. Faver & for Defc 414 Bridge S P.O. Box New C rland, PA 17070 (717) 774-7435 Supreme Court I.D. No. poo r . •' _ ~~, _ ., SMIGEI., ANDERSON & SACKS, LLP Ann V. Levin, Esquire iD #?0254 4431 North Front Street. 3rd Fir. Harrisburg, PA I?! i0-1'.?8 (717} 234-2401 alevin g„sas{fR.com Attorney for Defendant KATHLEEN E. JARRETT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, DOCKET NO. 10-373 Vi~~ILLIAM D JARRETT, DEFENDANT :CIVIL :ACTION -LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO 'THE PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel for Defend illlam D. Jarrett, in the above-captioned action. STONE, LAFA Date:_~l~ ~ O By: ' abeth R. S e, Esquire I.D.#: ~d ZS j X114 Brid eei New rland, PA 17070 (7 } 77 -7435 Att ~ for Defendant `,fit C ~`'v r`1- ~ .}1 `~~ ~'d E'"~ ~: _ .--.... , ~. ~ . -.~ ~.~~ ~ { I %~~~~ '~~- .~.~~ 061 _, ,~,:~tfl.0ca~~~.ls; ~,~~.~. a ?~i ~~Cl-fl~~~y S.} s. 9NFIGEL, .4AEDERSUN aR[ 3etC1F5~, Gt,P Ann V. Levin, Esquire tD#TOZ59 Jamcs R. Demmel, Esqusm ID #90918 4431 North Front Street, 3`~ F1r. Harrisburg, PA 17110.1778 (717) 234-2401 alevin'c~i sasllp.com Attorney for Defendant KATHLEEN E. JARRETT, PLAINTIFF v. WILLIAM D. JARRETT, DEFENDANT . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10-373 CIVIL ACTION -LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROT:EIONOTARY: ~~ Please enter the appearance of the undersigned as counsel for Defendant, William D. 3arrett, in the above-captioned action. Date: ~~ Y / ''~ / SMIGEL, ANDERSON & SACKS, LLP By: An ~'. Levin, Esquire I.D.#: 70259 4431 i~Iorth Front Street, 3r' Flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant W 0 nS'pk0C, /4 1?_''' tr SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, 3`d Mr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin a?sasllp.cona Attorney for Defendant KATHLEEN E. JARRETT, PLAINTIFF V. WILLIAM D. JARRETT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 10-373 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Defendant's First Request for Production of Documents on counsel for Plaintiff by placing same in the U.S. Mail, First Class, postage paid on the 12th day of November, 2010, addressed as follows: BARBARA SUMPLE-SULLIVAN, ESQUIRE 549 BRIDGE STREET NEW CUMBERLAND, PA 17070 SNIIGEL, DERSON & SACKS, LLP By: U 'el? Ann V. Levin, Esquire I.D. #: 70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorney for Defendant p$ -,I ? ?t.,. .. 3 f? 1,4 SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin )sasllp.com Attorney for Defendant KATHLEEN E. JARRETT, PLAINTIFF V. WILLIAM D. JARRETT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 10-373 : CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Defendant's 1 st Set of Interrogatories on counsel for Plaintiff by placing same in the U.S. Mail, first class, postage paid on the 12th day of November, 2010, addressed as follows: BARBARA SUMPLE-SULLIVAN, ESQUIRE 549 BRIDGE STREET NEW CUMBERLAND, PA 17070 SMIGEL, DERSON & SACKS, LLP By: V Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant P t t { N-1 I: n SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, and Mr. Harrisburg, PA 17110-1778 (717) 234-2401 ale_v_in -saslloeom Attorney for Defendant KATHLEEN E. JARRETT, PLAINTIFF V. WILLIAM D. JARRETT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 10-373 : CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Defendant's Answers to Production of Documents Request on counsel for Plaintiff by depositing same in the U.S. Mail, First Class, postage paid on the 12th day of November, 2010, addressed as follows: BARBARA SUMPLE-SULLIVAN, ESQUIRE 549 BRIDGE STREET NEW CUMBERLAND, PA 17070 SMIGEL, ANDERSON & SACKS, LLP By: V Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire 1D #70259 4431 North Front Street, and Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin(r),sasllu.com Attorney for Defendant KATHLEEN E. JARRETT, PLAINTIFF V. WILLIAM D. JARRETT, DEFENDANT tR•- { ?.- F .rt - 1: 03 I 1 17 NN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10-373 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Defendant's Answers to Interrogatories Propounded by Plaintiff on counsel for Plaintiff by depositing same in the U.S. Mail, First Class, postage paid on the 12th day of November, 2010, addressed as follows: BARBARA SUMPLE-SULLIVAN, ESQUIRE 549 BRIDGE STREET NEW CUMBERLAND, PA 17070 SMIGEL, ANDERSON & SACKS, LLP By: Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant 13 KATHLEEN E. JARRETT vs Case No. 2010-373 Civil WILLIAM D. JARRETT Statement of Intention to Proceed (7) '` To the Court: William D. Jarrett intends to proc ed with the above c ttonedmatt�r`, Print Name Ann V. Levin, Esquire Sign Name P.O.Box 1166,Harrisburg,PA 17108 Date: /0p,/j3 Attorney for Defendant Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I.Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v,Eagle, 551 Pa.360,710 A.2d 1104 (1998) in which the court held that"prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties. If the parties do not wish to pursue the case,they will take no action and"the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d)for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period,subdivision(d)(3)requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. f'tic) H its 2014 JAN -3 PH 1: 30 McNEES WALLACE & NURICK LLC PEN yN� COUNT Y By: Ann V. Levin, Esquire At (q Attorney I.D. No. 70259 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667(fax) Email: alevin @mwn.com Attorneys for Defendant KATHLEEN E. JARRETT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 2010-0373 • WILLIAM D. JARRETT, DEFENDANT : CIVIL ACTION — DIVORCE PRAECIPE TO CORRECT ADDRESS TO THE PROTHONOTARY: Please change the address on file for counsel of record to 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108-1166 to be reflected on any and all future correspondence, notices or orders. McNEES WALLACE & NURICK LLC By kill A n V. Levin, Esquire Attorney ID No. 70259 Attorneys for Defendant Dated: ( f w CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Correct Address was served via email and first-class mail upon the following: Barbara Sumple-Sullivan, Esquire 518 Bridge Street New Cumberland, PA 17070 V dO Ann V. Levin, Esquire Dated:( , , Pt" Barbara Sumple-Sullivan,Esquire Supreme Court#32317 549 Bridge Street New Cumberland,PA 17070 (717)774-1445 KATHLEEN E. JARRETT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : m 77. , , : NO. 10-373 m WILLIAM D. JARRETT, of-) Defendant : CIVIL ACTION - LAW y c'' : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 14, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the 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 are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: 11'x- 1i-A- Kathleen E. Jarrett t Barbara Sumple-Sullivan,Esquire ~' Supreme Court#32317 € , $ "> 549 Bridge Street `4; e OV 26 AM 11 New Cumberland,PA 17070 W 1' 8 kLnU (717)774-1445 PPP NSYI..Vral41 KATHLEEN E. JARRETT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. : NO. 10-373 WILLIAM D. JARRETT, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DATE: 1 I/•k I-A- ' t Kathleen E. Jarrett KATHLEEN E. JARRETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10-373 yr,, .73 WILLIAM D. JARRETT, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 14, 2010. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of 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. Section 4904 relating to unsworn falsification to authorities. /(1 illiam D. Jrret' Date: j t - KATHLEEN E. JARRETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA l fi .f v. : NO. 10-373 ; =* _ rn WILLIAM D. JARRETT, IN DIVORCE Defendant T c:, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY 01� 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 8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: /i_ �_ William D Ja `ett A. 11; McNEES WALLACE & NURICK LLC sj By: Ann V. Levin ?"l 26 ,N 11 . Attorney I.D. No. 70259 .,UMBEF L NJ L.OU I.. 100 Pine Street ENNSYLV!yNIA P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5403 (717) 260-1782 facsimile Email: alevin@mwn.com Attorneys for Defendant KATHLEEN E. JARRETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10-373 WILLIAM D. JARRETT, : IN DIVORCE Defendant 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 (X) 3301 C ( ) 3301 D of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service signed by counsel for Defendant on January 25, 2010, and filed with Prothonotary on February 2, 2010. 3. Date of execution of the Affidavit of Consent required by Section 3301 (C) of the divorce code:By Plaintiff November 25, 2014; by Defendant November 24, 2014. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Contemporaneously with this Praecipe to Transmit Date Defendant's Wavier of Notice in § 3301 (c) Divorce was filed with the Prothonotary: Contemporaneously with this Praecipe to Transmit. McNEES WALLACE & NURICK LLC By VaZe--D A n V. Levin Attorney ID No. 70259 Attorneys for Defendant, William D. Jarrett Dated: C/ _ /L CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served via email and first-class mail, postage prepaid, upon the following: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 ma.�i1 s Ama d"Soule, Paralegal Dated: 1( 1.2/ l ('4 KATHLEEN E. JARRETT V. WILLIAM D. JARRETT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 10-373 DIVORCE DECREE AND NOW, 34 , za "f , it is ordered and decreed that KATHLEEN E. JARRETT WILLIAM D. JARRETT , plaintiff, and , 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, Prothonotary earl- ,_r �Pc1 MaA io aft �t -SUte, t`Ce +-L( rre 1 1-o I pc, —in l� Kathleen E. Jarrett Plaintiff VS. William D. Jarrett Defendant IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, CIVIL ACTION — LAW IN DIVORCE NO. 10-373 PENNSYL AIA t cn r- r— MILITARY QUALIFYING COURT ORDER G) -< ry 1. This Military Qualifying Court Order ("Order") creates and recognizes the existence of the Former Spouse's right to receive a portion of the benefits payable with respect to the Member. The Member and the Former Spouse intend that this Order qualify under the Uniformed Services Former Spouse's Protection Act, 10 U.S.C. Section 1408 and following. The jurisdiction requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. The court has the authority to divide military retired pay under USFSPA's jurisdictional requirements since the Member consents to the jurisdiction of this court. 2. This Order is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This Order relates to the provision of marital property rights to the Former Spouse. 4. This Order applies to the Military Retirement System ("Plan") and any successor thereto. William D. Jarrett ("Member") is a Member in the Plan. Kathleen E. Jarrett ("Former Spouse") is the Former Spouse for the purpose of this Order. 5. The Member's name, mailing address, Social Security number and date of birth are: William D. Jarrett 502 Terrace Drive New Cumberland, PA 17070 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Former Spouse's name, mailing address, Social Security number and date of birth are: Kathleen E. Jarrett 725 Hilltop Drive New Cumberland, PA 17070 Social Security No.: See Addendum Date of Birth: See Addendum 7. The Member assigns to the Former Spouse an interest in the Member's disposable military retired pay. The Former Spouse is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Member. 8. The Member's rights under the Servicemembers' Civil Relief Act were observed by the Court as evidenced by the Member's affirmative signature on the Divorce Decree and/or Marital Settlement Agreement. 9. This Order assigns to Former Spouse an amount equal to 25.694% per month of the Member's disposable military retired pay under the Plan, to include any future cost -of -living adjustments applied to the Member's retired pay. 10. Payments to Former Spouse shall commence as soon as administratively feasible following the date this Order is approved by the appropriate Military Pay Center. 11. Payments to Former Spouse shall end upon the earlier to occur of: (1) the Member's death, (2) the Alternate Payee's death, (3) when the Alternate Payee becomes eligible to receive her own military retired pay on her 60th birthday of May 30, 2022, or at such earlier date as the Former Spouse begins to receive her own military retired pay. If the Former Spouse dies before the Member, the Former Spouse's share of the Member's disposable military retired pay shall revert to the Member. The Court reserves jurisdiction to enter an amended Order to terminate this award of military retired pay if the Alternate Payee becomes entitled to receive her own retired pay prior to her attainment of age 60. 12. The Member and Former Spouse agree that the Former Spouse will not be named or maintained as a beneficiary under the Survivor Benefit Plan. 13. The Member and the Former Spouse acknowledge that they were married for a period of more than ten years during which time the Member performed more than ten years of creditable military service. The parties were married on January 3, 1993, separated on September 1, 2007, and were divorced on "Ac c. 3•.:1 ZA 11 14. The Former Spouse agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 15. The Former Spouse agrees to notify DFAS about any changes in the Qualifying Court Order or the Order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 16. The Former Spouse shall be liable for any federal, state or local taxes associated with any payments made directly to her from DFAS. 17. The Member agrees to cooperate with the Former Spouse to prepare an application for direct payment to the Former Spouse from the Member's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Member agrees to execute all documents that the United States Marine Corps may require to certify that the disposable military retired pay can be provided to the Former Spouse. 18. The parties acknowledge that the following items must be sent by the Former Spouse to DFAS-HGA/CL, Assistant General Counsel for Garnishment Operations, P.O. Box 998002, Cleveland, OH 44199-8002. The Member agrees to provide any of this information to the Former Spouse at the Former Spouse's request and to make all necessary efforts to obtain any of this information that the Former Spouse is unable to obtain. a. Cover Letter b. A certified copy of the Divorce Decree and Separation Agreement, if applicable. c. A certified copy of this Military Qualifying Court Order. d. A copy of the Marriage Certificate of Mr. and Mrs. Jarrett. e. An executed copy of Form 2293 entitled "Application for Former Spouse Payments From Retired Pay." 2 19. The Court shall retain jurisdiction to enter such further Orders as are necessary to enforce the award to the Former Spouse of the military retirement benefits awarded herein. Such orders may include, but not necessarily be limited to, orders modifying the percentage of disposable retired pay awarded to the Former Spouse or requiring the Member to pay alimony to the Former spouse to maintain the intent of this Qualifying Court Order should Member waive retirement pay to receive disability compensation or should Member elect to merge his military retired pay with another federal employee retirement plan. Accepted and Ordered this 3"- day of Pc„, CONSENT TO ORDER: Plaintiff/Fo - : r Spouse Date 1111 444 Att ` yytiff/ Former Spouse -4947// ar-bara , Ann v .Levi n ,20of . BY THE COURT Judge Defdant/ - • - Date Date Attorney for Defendant/ Date Member 3 t.---_ U 1i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA -or` Cc C") %' y .� /� CJ 12 t.+ r 57 n �i o Plaintiff . File No. 10-373 ' • ..c Kathleen E. Jarrett vs. William D. Jarrett CIVIL DIVISION IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / Defendant in the above matter, (select one by marking "X"). prior to the entry of a Final Decree in Divorce, cc�� or X after the entry of a Final Decree in Divorce dated i7'Cernber 3s2ti re eby elects to resume the prior surname of Walczak , and gives this written notice avowing his her intention pursuant to the provisions of 54 P.S. § 704. Date: 4Z -6 --ca)/ / L Signature COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumber( a! c - Signature of name being res ed On the day of De etf 2t , Z04; before me, the Prothonotary or a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknow)edg: d that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my han Pro on r Notary Public NOTARIAL SEAL BARBARA SUMPLE-SULLIVAN Notary Public NEW CUMBERLAND BORO., CUMBERLAND CNTY My Commission Expires Nov 15, 2015 ' .` )09.14g