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Home My WebLink About05-2363 II o ALICELEE GRAF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. CIVIL ACTION - DIVORCE NO. 05.. OZ3~3 CML TERM IN DIVORCE WILLIAM S. GRAF Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. 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. CUMBERLAND COUNTY BAR AsSOCIATION 32 BEDFORD STREET CARUSLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A By: t SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA ALICELEE GRAF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. CIVIL ACTION - DIVORCE NO. 9b 2 :1(.3 CIVIL TERM WILLIAM S. GRAF IN DIVORCE Defendant COMPLAINT Alicelee Graf, Plaintiff, by and through her attorneys, SAID IS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Alicelee Graf, who currently resides at 385 Springview Road, Carlisle, Cumberland County, Pennsylvania 17013, where has resided since 1984. 2. The Defendant is William S. Graf, who currently resides at 3581 Ritner Highway, Newville, Cumberland County, Pennsylvania, where has resided since October 1, 2004. 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 July 1, 1966, at Tokyo, Japan. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or Cd) of the Divorce Code. I · SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. l' A II 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. Date: WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. /fi~ ~ SAlOIS, SHUFF, FLOWER 8< LINDSAY, P.C. Attorneys for Plaintiff By: Carol J. lindsa , ID # 44693 26 West Hi-gh Street Carlisle, PA 17013 (717) 243-6222 .../ I 21/(/'--, SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.UW 26 W. High Street Carlisle, PA II 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. !i 4904, relating to unsworn falsification to authorities. Alicelee Graf, Plaintiff Date:~o c) ~f\ -- "N ~ 0 \..I f:' .... WI "'<' \ Q " ~ '.'> ~ ~ ............ ~ .(0 V d o ~;: .,. , -<.. ~ () C;;l rn ~~ _,'if' ;.:- -,", f;;' \::' I ..0 !~ (.11 N ALlCELEE GRAF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. CIVIL ACTION - DIVORCE NO. 05-2363 CIVIL TERM WILLIAM S. GRAF, IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, WilLIAM S. GRAF, Defendant above, accept service of the Complaint in Divorce in the above captioned matter. /3 ;t1/l~(l..O <? \ ' Date 1 / ,(;~~ / .. (/ .!>z..v,"r->;.~I -/ William S. Graf,1:Jefen~t :'"~ Ci\ .-.",-. '-,-,' \.:;- CI-05-2363 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW A1icelee Graf, Plaintiff v No. CI-05-2363 William S. Graf, Defendant PRAECIPE Kindly enter the appearance of John F. Pyfer, Jr., Esquire and Pyfer & Reese, on behalf of the Defendant, William S. Graf, in the above-captioned action. Please serve all papers to 128 North Lime Street, P.O. Box 1597, Lancaster, Pennsylvania, 17608-1597. PYFER & REESE By: John A rn Attorney I. 0.: 15743 128 N. Lime Street P. O. Box 1597 Lancaster, PA 17608-1597 (717) 299-7342 1 CI-05-2363 CERTIFICATE OF SERVICE I hereby certify that this 24th day of August 2005, a true and correct copy of the foregoing document has been served on the following person and in the following manner pursuant to Lancaster Pennsylvania Rules of Civil Procedure Nos. 251 and 440. Service by First Class Mail, addressed as follows: Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 PYFER & REESE By: Jo A Atrome .. 5743 128 North Lime Street P.O. Box 1597 Lancaster, PA 17608-1597 (717) 299-7342 2 c:> ~ ~ <;; "'" of' ~ ".,. -.... .~;~\~'; -;(,-n c::::. i"llr:: '-. G"" - -o,n :;/ '" ~.f1 \:'-? U~;. V1 ,,:) (-, ~,~. . -0 1~~ 'j"" (':" -..' ,::.,::.::" '0\ / s~;~~ t..::: ~',"-- 2 - ~ .,p . - SAlOIS )HUFF, FLOWER & LINDSAY ATIORNEYS-AT.LA.W 26 W. High Street Carlisle, PA II ALICE LEE GRAF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. CIVIL ACTION - DIVORCE NO. 05-2363 CIVIL TERM WILLIAM S. GRAF, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint In Divorce under S 3301 (c) of the Divorce Code was filed May 9, 2005. 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 ()IIGl fir) ~5 _JJtl' cl PilL- ALlCELEE GRAF 1fu,~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER~ 3301 Ie) OF THE DIVORCE CODE 1 . I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lORe rights concerl"ng alimony.. division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that' will not be divorced unliJ 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 knowiedge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn faisification to authorities. (A h..J",. ~ ALlCELEE GRAF Date ~\)G , , -- d ~.' eel,; - ~~;. ~: o <;, ~ "'" Of' ~ C") N u. ~.~ ::.c:( , ";;;-' C.o:~ /..~. -,I ...( ~ .-\ :t,,-n n'c: ~~f~~\ 'a(~') ','~"'-, (\1. :.;::; ". '0 '."" ~",. -. - eo:> - ~.. v SAlOIS SHUFF, FLOWER & LINDSAY AtTORNEYS-AT-LAW 26 w. High Street Carlisle, P A II ALlCELEE GRAF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. CIVIL ACTION. DIVORCE NO. 05-2363 CIVIL TERM WILLIAM S. GRAF, IN DIVORCE Defendant AFFIDAVIT OF CONSENT A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed May 9. 2005. 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 finai 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 /)u r .01). S2eO--::- I /~~ ~. . . .~ wf2b . GRAF ---- )' 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. 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. 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:~' '-'1 / LOU-j' / Ua~~, ~ WILLIAM S. GRAF ;;:; ;'~,) ':...q o <1 ... i~J1 :0 i]i f'...j ( .~) s-.;;"" ?~\ C~f(l ~~3 ._~ I'~' ,~ '. - ---- SAlOIS lUFF, FLOWER & LINDSAY UTORNEYS.AT-LAW Z6 W. High Street Carlisle. PA ALlCELEE GRAF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2363 v. WILLIAM S. GRAF, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECQRD 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 Complaint: Defendant accepted service of the Complaint on May 13, 2005, via personal service. Proof of service was filed with the Court on May 18, 2005. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: August 25, 2005 By Defendant: September 12, 2005 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated May 5, 2005 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3:301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: August 25, 2005 By Defendant: September 12, 2005 Dated: If! 3!fJS- Carol J. Lins SAID,IS, SH , FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYS.AT.LAW 26 W. High Street Carlisle, PA !! CERTIFICATE OF SERVICE I hereby certify that on this l day OfQ~, 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: John F. Pyfer, Jr., Esquire Pyfer Reese 128 North Lime Street P.O. Box 1597 Lancaster, PA 17608..1597 .-.> = = <J1 c> " - ~~ ~.;. \ .s:- ~ -l :J:-n f11p' 8,~} 75:D ..,.0 : ")t-" =:..t 'po ~~ -0 -,.,~ ...... C? U1 o ------ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;+; ;+:;Ii ;+;,..;+:;+: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ALICELEE GRAF VERSUS WILLIAM S. GRAF AND NOW, DECREED THAT AND PENNA. No. 05-2363 DECREE IN DIVORCE 1),1. Ii 2.()oS, IT is ORDERED AND Alicelee Graf , PLAINTIFF, William S. Graf , DEFENDANT, ARE DiVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOI_LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FiNAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Property Settlement and Separation Agreement dated May 5, 2005 are incorporated, but not merged, into the Decree in Divorce. ATTE By THE COURT: ---- PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . .' ..a t:.# ~ /"T"'" ~ ~v. -bl <il ~;:; :J' ~~/"? f $,<i/ ,. ' .. }'; .. ..'. t <0 w - ,< SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A 'I ALlCElEE GRAF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2363 WilLIAM S. GRAF, Defendant : CIVil ACTION - lAW : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter having been granted a Final Decree in Divorce from the bonds of matrimony on the 14th day of October, 2005, hereby elects to retake and hereafter use her previous name of ALlCELEE EDGERTON, and gives Ihis writIen noIice avowing her intention in accordance with the provisions of the Act of December 16,1982, P.L. 1309, No. 295, Section 2, 54 Pa. C.SA Section 704. Cll:~k. fu~. Alicelee Graf -ill;~oY~o / C~) Alicelee Edgerton COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the 1'1 day of October, 2005, before me, the undersigned officer personally appeared ALlCELEE GRAF, also known as ALlCELEE EDGERTON known to me (or satisfactorily proven) 10 be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~CLLM ,f a. f!,.)h u2(SEAL) it e of Officer NOTARIAL SEAL BARBARA E. STEEL. Notary Public Carlisle Bora.. Cumberland County My Commission Expires Feb. 18. 2006 r~" C) C:.,:) ,:::, -n ) O::J'l ~ ~ ::;,J ,.../ D ~---:' ;_:11 t- -'''j 4l \) L) \) - 9.J V -<I ~ ~ C) _::..:-'\ ~ ">- r- 01 ::g V- a .~ ~ f , i'y RECEIVED OCT 2 4 2005 By:Li Alicelee Graf Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CML ACTION - LAW William S. Graf Defendant NO. 05-2363 IN DIVORCE DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion ofthe benefits payable with respect to the Participant. It is intended to constitute a Qualifying Court Order under the Uniformed Services Former Spouse's Protection Act, 10 U.S.C. Section 1408 and following. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. William S. Graf ("Participant") is a Participant in the Plan. Alicelee Graf ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: William S. Graf 385 Springview Road Carlisle, PA 17013 Social Security No.: 204-28-7787 Date of Birth: February 2,1936 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Alicelee Graf 1325 Georgian Circle Carlisle, PA 17013 Social Security No.: 026-32-2699 Date of Birth: March 16,1940 6. The Participant is currently receiving a monthly pension under the Plan. 7. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant. , I DRO Page 2 8. The Participant's rights under the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. ~521) were observed by the Court as evidenced by the presence of his legal counsel at the proceedings. 9. This Order assigns to the Alternate Payee an amount equal to 50% of the Participant's gross monthly retired pay. The gross monthly retired pay is the Participant's total annuity without any deductions that are withheld for any reason other than an amount withheld for the purpose of providing survivor benefits to the Alternate Payee. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Paragraph 8. 10. The monthly payments under Paragraph 8 shall co=ence to the Alternate Payee as soon as administratively feasible following the date that this Order is approved by the appropriate Military Pay Center and shall continue during the joint lives of the parties. 11. The Participant agrees to elect to make the Alternate Payee (and such Alternate Payee shall be deemed) the irrevocable beneficiary of the survivor's Survivor Benefit Plan ("SBP"), to the extent survivor benefits were previously provided under the Survivor Benefit Plan. The Participant shall make the necessary election in a timely manner to effectuate the SBP coverage for the Alternate Payee and shall execute such paperwork as is required. 12. The jurisdictional 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. 13. The Participant and the Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. The parties were married on July 1, 1966, and separated on October 10, 2004. 14. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 15. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 16. The Participant and the Alternate Payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.s.C. Section 1408 and following. 17. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to the Alternate Payee. . \ DRO Page 3 18. If, for any reason, the Alternate Payee does not receive from the Participant's military retired pay the monthly amounts indicated in Paragraph 9, the Participant shall pay directly to the Alternate Payee the appropriate monthly amounts such that the Alternate Payee's monthly benefits shall in total equal the monthly benefits as indicated in Paragraph 9. 19. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS, U.S. Military Retired Pay, P.O. Box 7130, London, KY 40742-7130 and to DFAS- CUGAG, Garnishment Operation, P.O. Box 998002, Cleveland, OR 44199-8002. The Participant agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. a. Deemed Election Letter. b. A certified copy of the Divorce Decree. c. A certified copy of this Domestic Relations Order. d. A copy of the Marriage Certificate of Mr. And Mrs. Graf. e. An executed copy of Form 2293 entitled Application for Former Spouse Payments From Retired Pay. f. An executed copy of Form 2656-1 entitled Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. 20. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein. XECVTED this 2(.. tL day of b L- t , 26 &'>: CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE DEFENDANT/P ARTICIP ANT -Ddl/~()j~;> - lAo! Signature ?f0/~~~/ Sigffature . v I g 0<" 1-:. J.X C) 65 Date ~o ~(>" 1.0 0 ) Date r.-' --~ ("'.", ,'~.J