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HomeMy WebLinkAbout10-3460GAIL M. LAWYER, Plaintiff V. NO. 10- 34/?D G??? c? JAMES C. LAWYER, c_. Defendant IN DIVORCES 77 .'\) -- ?? NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clair46 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. SAIDIS, FLOWER & LINDSAY ATWRNM-AT•IAW 26 West High Street Carlisle, PA When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER LrIZI- Carol J. Lind ay, squire Attorney Id. 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ,Y $-35`J-- p0 P d a a 'Ie ,? 7,703 A #-- rya & 3 ?- GAIL M. LAWYER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. /Dw 36,0 c,lvti l JAMES C. LAWYER, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Gail M. Lawyer, an adult individual, residing at 211 Shughart Avenue, Boiling Springs, Cumberland County, Pennsylvania 17007, since September 21, 2009. 2. The Defendant is James C. Lawyer, an adult individual, residing at 203 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania 17007, since 2002. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 20, 1996 in St. Petersburg, Florida. 5. There have been no prior actions of divorce or for annulment between the SAIDIS, LINDSAY ATNRNM-AT.IAW 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. SAIDIS, FLOWER & LINDSAY Carol y. Linds , Attorney Id. 469 26 West Hi ree Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY ATTURNM-AT•IAW 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Gail M. Lawyer Date: lam"/aL' L SAIDIS, FLOWER & LINDSAY ATrORNM-AT•IAW 26 West High Street Carlisle, PA . o LAW OFFICES OF PETER J. RUSSO P.C. 's L" BY: Paul D. Edger, Esquire ������ Attorney I.D.No. 312713 R f S ptf Peter J. Russo, Esquire 8 Attorney I.D. No. 72897 P fib Lindsay Gingrich-Maclay �'� ' 4 VA DUNT't Attorney I.D.No. 87954 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Attorneys for Defendant GAIL M. LAWYER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION- LAW JAMES C. LAWYER, : DOCKET NO. 10-3460 Defendant : IN DIVORCE DEFENDANT'S ANSWER IN DIVORCE AND NOW COMES the Defendant, James C. Lawyer, by and through his attorney Paul D. Edger, Esquire of The Law Offices of Peter J. Russo, P.C., and files this Answer to Plaintiff's Complaint in Divorce and avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments and, therefore, such allegation is deemed to be denied and strict proof thereof is demanded. 7. Admitted. It is further averred that the marriage has been irretrievably broken since the date of separation of September 21, 2009. WHEREFORE, the Defendant respectfully requests this Honorable Court to enter a divorce decree under Section 3301(c) of the Divorce Code in favor of the Defendant. Respectfully submitted, BY: 1 4T�rz_ The aw of of eter J. Russo,P.C. Peter J. Russo, Esquire PA Supreme Court ID 72897 Lindsay Gingrich-Maclay, Esquire PA Supreme Court ID 87954 0 Paul D. Edger, Esquire PA Supreme Court ID 312713 5006 E. Trindle Road, Suite 203 / Date: Mechanicsburg, PA 17050 3 I f 3 II 3 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Paul D. Edger, Esquire Attorney I.D. No. 312713 Peter J. Russo, Esquire Attorney I.D. No. 72897 Lindsay Gingrich-Maclay Attorney I.D.No. 87954 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Attorneys for Defendant GAIL M. LAWYER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION-LAW JAMES C. LAWYER, : DOCKET NO. 10-3460 Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I am on this day serving a copy of the foregoing Answer in Divorce upon the person and in the manner indicated below and addressed as follows: United States First Class Mail: Carol J. Lindsay, Esquire 26 West High Street Carlisle, 17013 Date: / e M. •ga}- GAIL M. LAWYER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW JAMES C. LAWYER, : DOCKET NO. 10-3460 Defendant : IN DIVORCE ' <> Ln i CD— ENTRY OF APPEARANCE AS COUNSEL n -� C) TO THE PROTHONOTARY: ; Kindly enter the appearance of Paul D. Edger, Esquire and the Law Offices of Peter J. Russo, P.C. as counsel on behalf the Defendant, James C. Lawyer, in the above-captioned matter. Date: 31( 3 II ?� La<Offices ter J. Russo, P.C. Peter J. Russo, Esquire PA Supreme Court ID 72897 Lindsay Gingrich-Maclay, Esquire PA Supreme Court ID 87954 OPaul D. Edger, Esquire PA Supreme Court ID 312713 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 GAIL M. LAWYER, : IN THE COURT QF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION- LAW JAMES C. LAWYER, : DOCKET NO. 10-3460 Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I am on this day serving a copy of the Entry of Appearance upon the person(s) and in the manner indicated below as follows: USPS Regular Mail Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 170 Date:!!L4 k2:ca Derek 4oa y GAIL M. LAWYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-3460 T _ ' JAMES C. LAWYER Defendant CIVIL ACTION - DIVORCE ° PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: , _ Please enter the appearance of Mark W. Allshouse, Esquire, as attorney for Plaintiff, Gail M. Lawyer, in the above-captioned matter. Respectfully submitted, Date: ��i� � �� ll't/✓ Mark . Allshous , Esquire Attorney ID # 780 4 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Y v CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following,by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: Paul D. Edger, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Respectfully submitted, Date: AlIP120) ark . Allshou , Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff GAIL M. LAWYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2010-3460 JAMES C. LAWYER C--) ", Defendant CIVIL ACTION - DIVORCE Mm -z- =:--n ' 7t� WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE c� CS 1. I consent to the entry of a final decree of divorce without notice. cm 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. 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. Yjaij Mgx,�z� Gail M. Lawyer,Plaintiff Date:` ��� 1J i ,tE C R0 Trt 0N TA, }r 2013 APR 29 Pm CUMBERLAND "U� GAIL M. LAWYER , PENN YLVANA E COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2010-3460 CIVIL TERM JAMES C. LAWYER, CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE 1. I consent to the entry of a decree in 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: Ll 2 G 2 C/(3 J , es C. Lawyer, Defendan GAIL M. LAWYER, IN THE COURT OF COMMON PLI' S° ---3 Plaintiff CUMBERLAND COUNTY, PEN L NI;,�:-Y V. N0. 2010-3460 Cra ` JAMES C. LAWYER Defendant CIVIL ACTION - DIVORCE c�a ' AFFIDAVIT OF CONSENT UNDER&3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed May 25, 2010. 2. The marriage 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. VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. oil, Z&x Gail M. Lawyer, Plaintiff C Date: A&6 RLE0-0 F F1 C- ' THE PROTHONOTARY 201`3 APP 29 PM 3r 49 CUMBERLAND COUNTY PENNSYLVAN3 GAIL M. LAWYER , IN T E COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-3460 CIVIL TERM JAMES C. LAWYER, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT UNDER 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Pennsylvania Divorce Code was filed on May 25, 2010. 2. The marriage of the 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: q zv ZO['� es C. Lawyer, Defendant Gail M. Lawyer, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL DIVISION James C. Lawyer, Defendant NO.2010-3460 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record,together with the following information,to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under§(3301(c))and §43-3414d4(4-})of the Divorce Code. fir- ;*C1 (Strike out inapplicable section.) Q 2. Date and manner of service of the complaint: !Z� Acceptance of Service by Edmond J.Berger,Esq. on 5-26-10,of record 6-1-1 = t y 3. Complete either paragraph(a)or(b). p �rn (a) Date of execution of the affidavit of consent required by§3301(c)of the Divorce code: by plaintiff April 26, 2013 ;by defendant April 20, 2013 (b)(1)Date of execution of the affidavit required by§ 3301(d)of the Divorce Code: n/a (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: n/a 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: n/a (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: April 29, 2013 Date defendant's Waiver of Notice was filed with the Prothonotary: April 29, 2013 Attorney for Plaintiff/De amp M W.Allshouse,Esquire 33 Spring Road Shermans Dale, PA 17090 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gail M. Laywer V. James C. Lawyer NO. .2010-3460 DIVORCE DECREE AND NOW, >7 �VT, it is ordered and decreed that Gail M. La wer plaintiff, and James C. Lawyer 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, .Nb,-�-A— Attest: J. Prothonotary eil. 16-c-- C'e o0latle, AV4 t!5�,Clov-- Gail M. Lawyer IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAWS IN DIVORCE M James C. Lawyer NO. 2010-3460 CIVIL TERM �`' i Defendant _ Cn r QUALIFIED DOMESTIC RELATIONS ORDER 0711 -CD �_- °Y IT IS HEREBY ORDERED AS FOLLOWS: N 1. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and W w 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 that is qualified under Section 401 of the Internal Revenue code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code. 2. Participant Information: The name, last known address, social security number and date of birth of the plan "Participant" is: Name James C. Lawyer ("Participant") Address: 203 Shirloy Lane Boiling Springs, PA 17007 Social Security Number: See Addendum Birth Date: See Addendum 3. Alternate Payee Information: The name, last known address, social security number and date of birth of the "Alternate Payee" is: Name: Gail M. Lawyer ("Alternate Payee") Address: 211 Shughart Avenue Boiling Springs, PA 17007 Social Security Number: See Addendum Birth Date: See Addendum The Alternate Payee is the former spouse of the Participant. The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in his mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is The Rite Aid 401(k)Plan (hereinafter referred to as "Plan"). Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania (23 P.C.S.A. §3502). 6. For Provision of Marital Property Rights and/or Spousal Support: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 7. Amount of Alternate Payee's Benefit: This Order assigns to Alternate Payee an amount equal to $136,276.00 of the Participant's total account balance, accumulated under the Plan as of June 30, 2013 (or the closest valuation date thereto). Such award shall not be adjusted for any investment earnings, gains or losses attributable thereon, until after the date of account segregation. The Alternate Payee's share of the benefits described above shall be segregated and separately maintained in Account(s) established on his behalf and shall additionally be credited with any investment earnings, gains or losses attributable thereon from the date of account segregation, until the date of total distribution. The Alternate Payee's share of the benefits shall be allocated on a "pro-rata" basis among all of the accounts and/or investment funds maintained on behalf of the Participant under the Plan, excluding any participant loan sub-accounts. Any participant loan under the Plan shall remain the sole responsibility-of the Participant. The Alternate Payee may elect to change her investment fund elections after her account is initially established. 8. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, she shall be paid her benefits as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator by filing an election with the Plan Administrator in accordance with the terms of the Plan. Actual payments will begin as soon as administratively feasible thereafter. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants and alternate payee's under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. The Alternate Payee will not be permitted to obtain a loan from the Plan or take any hardship withdrawals from the Plan. If the Alternate Payee has not elected an earlier beginning date, the Alternate Payee's share will begin to be paid as of the earlier of the date as of which the Participant begins to receive a distribution of the Participant's share, or the latest date permitted under Section 401(a)(9) of the Code. 9. Alternate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives her total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to plan beneficiaries, including, but not limited to, the rules regarding the right to designate a beneficiary for death benefit purposes. However, the alternate payee may not elect to receive her share of the benefits in the form of a qualified joint and survivor annuity. 10. 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. 11. 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 2 A would be subject to the spousal rights of the subsequent spouse provided by ERISA, the Code and the terms of the Plan. 12. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order which was previously deemed to be a QDRO. 13. 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. 14. Tax Treatment of Distributions Made Under this Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 15. Continued Jurisdiction: 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. 16. Correcting or Terminating Payments: The Plan will retain any rights it may have under its terms to suspend or terminate payments to Alternate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administration remedies available under the Plan. Payments by the Plan pursuant to this Order will be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. If the Plan pays one party a portion of the other party's benefits under the Plan and this Order, the party receiving the overpayment will return that portion to the Plan, which in turn, will pass that portion on to the other Party. 3 w 17. QDRO Processing Fee: The Participant will be charged a $350 QDRO processing fee for this QDRO. 50.0% of this fee will be assessed against the Participant's share of the account balance, and 50.0% of the fee will be assessed against the Alternate Payee's share of the account balance, at the time the initial paperwork is submitted to QDRO Consultants. EXECUTED this .124, day of 1?'\Lf tf,r , 201. BY THE COURT Judge CONSENT TO ORDER: 07��� 4atgvL,,,�, ­71231201 Pi ' tiff/Alternate Payee 6ate Defendant/Participant U Dat At on]q r Plainti Date ja?r�ticipanot orney fr Defendant/ ate Alternate Paye ,ES AbalLCE Ca- �� 4