HomeMy WebLinkAbout04-5071
o.
BARBARA B. EPPES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
~ NO. U-f-tJD7/
: IN DIVORCE
CIVIL TERM
MICHAEL S. EPPES,
Defendant
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
will proceed without you and a decree of divorce or annulment may be entered against you for
any 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 at Cumberland County Courthouse, Carlisle, Cumberland County,
Pennsylvania, 17013.
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 MAYBE 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
BARBARA B. EPPES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 01- 50'71
: IN DIVORCE
CIVIL TERM
MICHAEL S. EPPES,
Defendant
COMPLAINT IN DIVORCE
NO FAULT
1. Plaintiff is Barbara B. Eppes, an adult individual currently residing at 105 East
Willow Street, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Michael S. Eppes, an adult individual currently residing at 7 West
Mulberry Hill Road, Cumberland County, Pennsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so
for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 9, 1998, in Clemson, South Carolina.
5. There have been no other prior actions for divorce or annulment between the parties.
6. Neither the Plaintiff nor the Defendant is a member of the United States Armed
Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the right to request
that the Court require the parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90)
days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23
P.S. Section 3301 (c) of the Domestic Relations Code.
COUNT II
ALIMONY. ALIMONY PENDENTE LITE. AND COUNSEL FEES
I I. Paragraphs I through 10 are incorporated herein by reference as if set forth in their
full text.
12. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs
during the pendency of this divorce action, and through its resolution.
13. Plaintiff is without sufficient property and otherwise unable to financially support
herself through appropriate employment.
14. Defendant is presently employed and receiving a substantial income and benefits and
is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony
pendente lite for the Plaintiff.
WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring
Defendant to pay for Plaintiffs counsel fees, expenses, and costs as well as providing for
payment of an appropriate alimony and alimony pendente lite to Plaintiff.
COUNT III
EOUlT ABLE DISTRIBUTION
15. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their
full text.
16. Plaintiff and Defendant are joint owners of various items of personal property,
furniture, and household furnishings acquired during their marriage which are subject
to equitable distribution.
17. Plaintiff and Defendant are joint owners of real estate located in Cumberland County,
which was acquired during their marriage and which is subject to equitable
distribution.
18. Plaintiff and Defendant have incurred debts and obligations during their marriage
which are subject to equitable distribution.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably
dividing the parties' property and equitable apportioning the debts incurred by the parties.
Respectfully submitted,
~)vI ~~QlDL )l( JarJ
Mary~ tas, Esquire
Attorney Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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. Section
4904, relating to unsworn falsifications to authorities.
DATE: q/:J.<6(of
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BARBARA B. EPPES, PI'iitiff
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BARBARA B. EPPES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
MICHAEL S. EPPES,
Defendant
: NO. Ol./- ~O+ /
: IN DIVORCE
CIVIL TERM
AFFIDAVIT OF SERVICE
AND NOW, this
ZCt~ .
day of October, 2004, comes Marylou Matas, EsquIre,
counsel of record for Plaintiff, Barbara B. Eppes, and states that a true and attested copy of a
Complaint in Divorce was sent to Defendant, Michael S. Epp€::s, at 7 West Mulberry Hill Road,
Carlisle, Pennsylvania 17013, by certified mail, restricted delivery, return. receipt requested. A
copy of said receipt is attached hereto indicating that service was made on October 23,2004.
'I~J?t/J
Marylou tas, Esquire
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
fIOTARW.SEAL
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CARLISLE BOlO.. CUMBERLAND courm
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You entered 7001 2510000910189851
Your item was delivered at 11 :58 am on October 23. 2004 in CARLISLE,
PA 17013.
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BARBARA B. EPPES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
MICHAEL S. EPPES,
Defendant
: NO. 04-5071 CIVIL TERM
: IN DIVORCE
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that the Plaintiff in the above matter hereby elects to retake
and hereafter use her previous name of BARBARA ANNE BECKER
&~~ f], P A'l~--d
BARBARA B. EPPES
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BARBARA A. BECKER
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CA. ""'-b>>t.l~
On this ;l.IY day of fla~ ,2005, before me, the undersigned
officer, personally appeared Barbara B. Epp , now known as Barbara A. Becker, known
to me (or satisfactory proven) to be the person whose name is subscribed to the within
document and acknowledged that she executed the same for the purpose therein
contained.
: SS
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Public' '
NOTARIAL SEAL
ROBIN J. GOSHORN, NOTARY PUBLIC
CARLISLE BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES APRIL 17 2001
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BARBARA B. EPPES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLA~D COUNTY, PENNSYLVANIA
vs.
: No. 04-5071 Civil Term
MICHAEL S. EPPES,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Thomas M. Clark, Esquire of the law offices of Wiley,
Lenox, Colgan & Marzzacco, P.C. on behalf of the Defendant, Michael S. Eppes, in the above-
referenced matter.
Respectfully submitted,
By:
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
k,
Thomas . Clark, Esqu e
Attorney I.D. #85211
130 West Church Street
Dillsburg, P A 17019
(717) 432-9666
Attomey for Defendant
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SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle. P A
BARBARA B. EPPES,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION
MICHAEL S. EPPES,
Defendant
NO. 04-5071 CIVIL TERM
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed
October 7, 2004.
2. The marriage of plaintiff and defendant is irretrievably broken and
ninety days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in 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 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: ocf. 0/ c').Oo 5
~~ts.~
Barbara B. Eppes
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BARBARA B. EPPES,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION
MICHAEL S. EPPES,
Defendant
NO. 04-5071 CIVIL TERM
IN DIVORCE
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER~ 3301 eel 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 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: ad: 5, ;;'OdS
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Barbara B. Eppes
OCT 0 7 2005
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BARBARA B. EPPES,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 04-5071 CIVIL TERM
IN DIVORCE
vs.
MICHAEL S. EPPES,
Defendant
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed
October 7, 2004.
2. The marriage of plaintiff and defendant is irretrievably broken and
ninety days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in 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 to the
best of my knowledge, information and belief. I understand that false statements
herein are rnade subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn
falsification to authorities.
Date: ~{ 2-'11 ~oS
~t~
BARBARA B. EPPES,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION
MICHAEL S. EPPES,
Defendant
NO. 04-5071 CIVIL TERM
IN DIVORCE
DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDERli 3301 lel 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 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: ~.Zq,~
~
.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
II
BARBARA B. EPPES,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
vs.
MICHAEL S. EPPES,
Defendant
NO. 04-5071 CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Kindly transmit the record, together with the following information, to the Court
for entry of a Decree in Divorce:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of
the Divorce Code.
2. Date and manner of service of the Cornplaint: Defendant accepted
service of the Complaint on October 23, 2004, via certified mail, restricted delivery.
Proof of service was filed with the Court on November 4, 2004.
3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce
Code was filed with the Prothonotary:
By Plaintiff: October 10, 2005
By Defendant: October 26, 2005
4. Related claims pending: The terms of the Property Settlernent and
Separation Agreement dated Septernber 29, 2005 are incorporated, but not merged,
into the Decree in Divorce.
5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was
filed with the Prothonotary:
By Plaintiff: October 10, 2005
By Defendant: October 26, 2005
Dated: I ()/ Z~ 105
i
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
II
BARBARA B. EPPES,
Plaintiff
vs.
MICHAEL S. EPPES,
Defendant
1-
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 04-5071 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that on this 27th day of October, 2005, a true and correct copy
of the foregoing document was served upon the party listed below, via First Class
Mail, postage prepaid, addressed as follows:
Thornas M. Clark, Esquire
The Wiley Group
130 West Church Street, Suite 100
Dillsburg, PA 17019
c: r),z!fR "t/~.,,~;r/
,o:.Joanne M. Bartley '::::';/
Paralegal to Marylou Matas, Esquire
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
BARBARA B. EPPES
PEN NA.
STATE OF
No.
04-5071
VERSUS
MICHAEL S. EPPES
DECREE IN
DIVORCE
/~
JJovc-..Wr
BARBARA B. EPPES
, z...r , IT IS ORDERED AND
AND NOW,
DECREED THAT
, PLAINTIFF,
MIr:H A FI S FPPFS
AND
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTEREO;
The terms of the Separation and Property Settlement Agreement dated September 29,
2005 are incorporated, but not merged, into this Decree in Divorce.
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PROTHONOTARY
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SAlDIS,
FLOWER &
UNDSAY
AlI~_. ~0lAW
26 West High Street
Carlislc,PA
II
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BARBARA B. BECKER,
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION
NO. 04-5071 CIVIL TERM
: IN DIVORCE
vs.
MICHAEL S. EPPES,
Defendant
QUALIFIED DOMESTIC RELATIONS ORDER
This Order creates and recognizes the existence of an Alternate Payee's
right to receive a portion of the Participant's benefit under the Ingersoll-Rand
Company Defined Contribution Plan as stated in Section (1) below and is entered
pursuant to the authority granted under the applicable domestic relations laws or
community property laws of the commonwealth of Pennsylvania.
This Order relates to the provisions of marital property rights.
Section (1) - Plan Names
The Name of the Plan to which this Order applies is: Ingersoll-Rand Company
Employee Savings Plan.
Section (2) - Participant Information
Michael S. Eppes; Home Address: 324 North Larch Ave. Elmhurst, IL 60101; Work
Address: Ingersoll Rand Climate Control Technologies, 401 South Rohlwing Road,
Addison, IL, 60101; Telephone Numbers: Office (630) 953-6420, Mobile (717) 372-
5953; SS #497-92-8365; DOB: 4/05/1975.
Section (3) - Alternate Payee Infonnation
Barbara A. Becker; 10 Court Lane, Carlisle, PA 17013; 5S # 486-96-5212; DOB:
10/12/1974
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Hasan interest in the Participanfs vested account balance under the Plan as named
in Section (1) of this Order.
An "Alternate Payee" as defined by Intemal Revenue Code Section 414 (p)(8) is a
spouse, former spouse, child or other dependent of the Participant.
NOTE: The Alternate Payee shall be responsible to notify the Plan Administrator in
writil'lg of any changes in his or her mailing address subsequent to the entry of this
Order.
Section (4) - Amount Assigned to the Alternate Payee
The Alternate Payee is assigned the specific amount of $37,203.50 from the
Participant's account balance in the Plan.
Section (5) - Commencement of Benefits
Upon receipt of this properly completed Qualified Domestic Relations Order, the
Alternate Payee's assigned benefit will be processed as soon as practical following
the 30 day appeal period or upon receipt of a properly completed and notarized
Waiver of Appeal form. The Altemate Payee will be contacted by the Plan
Administrator for specific information required to set up a separate account and to
provide information regarding distribution options. Upon receipt of the required
information from the Alternate Payee, the record keeper will establish a separate
account for the Altemate Payee's exclusive benefit.
Section (6) - Understandings and Conditions
1. Change in Plan Sponsor - Change in Plan Sponsor, Plan
Administrator or Plan Name shall not affect this Order.
2
SAIDIS,
FlOWER &.
LINDSAY
.......--........:J'oI.A.W
26 West High Street
Carlisle,PA
II
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2.
Death of the Alternate Payee - In the event of the Alternate Payee's
death prior to the distribution of the assigned benefit, the amount
assigned will be paid out to her estate.
3. Name and Address - The Participate and the Alternate Payee must
advise the Plan Administrator of any changes in the mailing addressees)
or 1.lname(s) &6 previously set forthirl this Order.
4. Notice of Prior Order - By the submission of this Domestic Relations
Order, the interested parties in this cause certify that they are not aware
of any prior Orders which purport to dispose of the benefits described
herein. Should a prior Order exist, it is the responsibility of the
interested parties to advise the Plan Administrator prior to the Plan
Administrator's determination of the "qualified status" of this Order.
5. Qualified Domestic Relations Order - This Order is intended to fulfill
the Requirements of a Qualified Domestic Relations Order pursuant to
Section 414(p) of the Internal revenue code, and as such this Order is
not intended to require the Ingersoll-Rand Company Defined
Contribution Plan(s) to provide any increased payments over those
otherwise due the Participant under the Plan.
6.
Tax Basis - The tax basis of the distribution to the Altemate Payee
must be on a pro rate basis pursuant to Internal Revenue Code Section
72 (m)(10).
7. Terms - The terms used in this Order shall have the same meaning as
in the Ingersoll-Rand Company Plan documents.
3
I
SAIDIS,
FLOWER &.
IlNDSAY
.... u_.-..LAW
26 West High Str~t
Carlisle.PA
II
"
8. Valuation - Accounts are valued on a daily basis. The Alternate
Payee's assigned portion will be taken proportionately from all available
funds in which the Participant has a vested account balance. Prior to
July 1, 2002, the allocation date must be stated as a quarter end date.
9. Death of Participant - The death of the Participant either before or after
the Alternate Payee has received payA".ent of the Altemate Payee's
assigned benefits shall neither effect the A1temate Payee's right to
payment of the assigned benefit nor entitle the Altemate Payee to
additional benefits.
I ... 1'l.At:r.:"./_
AND NOW, this day of /"---
hereby ORDERED AND DECREED.
, 2006 the foregoing is
So Ordered By the Court,
flJ
~,olp
Participa d\' ()
?!idf~
~. L'1_ 4 ~~
Barbara B. Becker
Date: ~b..~ IS,,;).o~
Print Name and Mailing Address
Date:
Print Name and Mailing Address
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,.
SAlOIS,
FLOWER &
LINDSAY
ATIORNlMMr.IAW
26 West High Street
Carlisle, P A
BARBARA B. BECKER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
VS.
MICHAEL S. EPPES,
Defendant
NO. 04-5071 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE
I, MARYLOU MATAS, Esquire, being duly sworn according to law, hereby
deposes and says that on September 11, 2006 she served a true and correct copy of
the Qualified Domestic Relations Order upon Ursula Stopa, Plan Administrator for
Ingersoll Rand Company by mailing this document to her address at P.O. Box
534277, St. Petersburg, FL 33747 by Certified U.S. Mail, Restricted Delivery, Return
Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811,
Domestic Return Receipt, the latter of which is signed by the recipient, September
15, 2006.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated: (/ / CJ i/&
l i i 7 Ie I /
I, I " ' I I" .
, ~L, L i (j , d U i(/J
Marylou tes, Esq ire
Attorney .84919
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiff
."
..
. Complete items 1, 2, and 3. Also complete
Item 41f Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mallplece.
or on the front if space permits.
1. ArtIcle Addressed to:
[lr2.S lA-1a. Sfo r;:;
~r'l Ibnd. C'+r
,q6. r6tYX.- 53Y;;277
s:I. It-J-erzshu'if I f:"L 337V 7
...:.. .
SE~ 11
.
3. Service Type
.CertIfIed Mall 0 Express Mail
o Registered jil Return Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extm Fee) p:f Yes
2. Article Number
(Tiw'tIIer tom .mc./ebtJI)
PS Form 3811 , February 2004
7004 1350 DOn--.:
Domestic Return Receipt
102595-02-M-1540 !
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