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Home My WebLink About06-0928LEONARD L. PETERMAN, Plaintiff V. MARCIA L. PETERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO, PENNSYLVANIA NO. ?U7G- 9a? ACTION 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Harrisburg, PA 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 "ISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notifcacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAIL SERICIO, VAYA EN PERSONA O LLAMA POR TELEFONO A LA OFICINA CUYA DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 LEONARD L. PETERMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO, PENNSYLVANIA V. NO. an !?dg MARCIA L. PETERMAN, Defendant ACTION IN DIVORCE COMPLAINT COUNTI Divorce Under 3301(c) or 3301(d) of the Divorce Code 1. Plaintiff is Leonard L. Peterman who currently resides at 18 Iron Gate Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Marcia L. Peterman who currently resides at 18 Iron Gate Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 22, 1982 in Mildred, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are: Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. 8. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives his right to such counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 10. Plaintiff incorporates by reference paragraphs I through 9 of this Complaint. 11. Plaintiff and Defendant possess various items of personal marital property, as well as marital debts, which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests your Honorable Court to equitably distribute all property, both real and personal, owned by the parties, as well as all marital debts. McNEES WALLACE & NURICK LLC BY. 148 J J D. #53148 {' D. # 100 Pine Str et i P. O. Box 14 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated:.?IeI(,' VERIFICATION I verify that the statements made in this Complaint 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. Leonard L. Peterman Dated: /3, .7o0 <, Lq 1 Cz? C ?? { Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 telephone (717) 540-5481 facsimile cbovanoNvskJ@ssbc-law.com LEONARD L. PETERMAN, PLAINTIFF V. MARCIA L. PETERMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-928 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel of record, for the Defendant, Marcia L. Peterman, in the above-captioned matter. Respectfully requested, Date SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanowski, squire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 , > < . , ??, ,.a t c, .4' Y McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile phelvv a.mwn.com Attorney for Plaintiff LEONARD L. PETERMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO, PENNSYLVANIA V. MARCIA L. PETERMAN, Defendant NO. 06-928 Civil Term ACTION IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Cara A. Boyanowski, Esquire, counsel for Defendant herein, do hereby swear and affirm that have I accepted service of a true and correct copy of the Complaint in Divorce in the above-captioned action on rth4)_1LjA4 I , 2006. Cara A. Boyanows :, -, ,. _ I Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cpbrunt(&C P Bru ntLaw.com LEONARD L. PETERMAN, Plaintiff V. MARCIA L. PETERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-928 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO: Curtis R. Long, Prothonotary Please withdraw the appearance of CARA A. BOYANOWSKI, ESQUIRE, as counsel for Defendant, MARCIA L. PETERMAN, in the above-captioned action. DATE: ?)- ?) I - 04 CARA A. BOYANO SKI, ESQUIRE Supreme Court ID No. 68736 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PRAECIPE TO ENTER APPEARANCE TO: Curtis R. Long, Prothonotary Please enter the appearance of CONSTANCE P. BRUNT, ESQUIRE, as counsel for Defendant, MARCIA L. PETERMAN, in the above-captioned action. DATE: g o? 14- CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 .?.? ') Si C. ,I C, l ac Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntg_DCPBruntLaw.com Attorney for Defendant LEONARD L. PETERMAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. CIVIL ACTION - LAW MARCIA L. PETERMAN, No. 06-928 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 16, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 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. 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: 6//kJO? ( M CIA L. PETERMAN, Defendant c7n 0 ?- c a _.r ?- c = os -? ' n r ' rA ? ' p r `S? Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cobruntO-)CPBruntLaw.com Attorney for Defendant LEONARD L. PETERMAN, Plaintiff V. MARCIA L. PETERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : No. 06-928 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final 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 Waiver of Notice 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: ARCIA L. PETERMAN, Defendant -2- c 7 p C l C4, Cry 3 _ ; LEONARD L. PETERMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO, PENNSYLVANIA V. NO. 06-928 Civil Term MARCIA L. PETERMAN, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 17, 2006. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. eonard L. P rman Date: (0/2 3 /Cv, {A931505:1 } C) = 0, C co c-n = {, ,-r, LEONARD L. PETERMAN, Plaintiff V. MARCIA L. PETERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO, PENNSYLVANIA NO. 06-928 Civil Term ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF VORCE DECREE UNDER Section 3301(c) OF THE DIVORCE 0 1. I consent to the entry of a final 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 underst nd that I will not be divorced until a divorce decree is entered by the Court and that a c py 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 h rein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn fal ification to authorities. eonard L. Pete an Date: (,-7 12 3 o {A931507:1) flo r ( .s Attorneys for Plaintiff McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-11$6 (717) 237-5343 (717) 237-5300 facsimile Phelvy(cD-mwn.com ckrentzman(a)-mwn.com LEONARD L. PETERMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARCIA L. PETERMAN, V. NO. 06-928 Civil Term Defendant : ACTION IN DIVORCE 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. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date andlmanner of service of the Complaint: Regular mail upon Cara Boyano"ki, Esquire, counsel for Defendant on February 17, 2006. An Affidavit of Acceptance of Service was signed on February 21, 2006 and filed with the Court on March 1, 2006. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: June 23, 2008; by Defendant: June 18, 2008. i . ! Plaintiff's Affidavit is being filed contemporaneousiy'with this Praecipe. Affidavit is being filed contemporaneously with this Praecipe. 4. Related claims pending: N/A 5. Plaintiffs Waiver of Notice is being filed contemporaneously with this Praecipe. Defendant's Waiver of Notice is being filed contemporaneously with this f pe. Respectfully submitted, McNEES WALLACE & NURICK LLC By i Paul elvy ttor y I.D. N (53 148 I B. Kren an Attorney I.D. N3463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 Attorneys for Plaintiff Dated: June 23, 2008 06 CERTIFICATE OF SERVICE AND NOW, on this OY day of June, 2008, 1 hereby certify that I have served a true and correct copy of the Within document, via first class mail postage paid as follows: Connie P. Brunt, Esquire 1820 Linglestown Road Harrisburg, PA 17110 e ifer L. K An, Para regal C7 ? C ) ?:a ^ _ ? ' . ? w ? ', ?'.,_ ? I°t? T ^.? -r i?' ; _ , ?: e C.? 7 ? -?? -i7 M : a i"rE ?? N --C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Leonard L. Peterman, Plaintiff VERSUS Marcia L. Peterman, e en ant NO. 2006-928 Civil DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT AND Leonard L. Peterman Marcia L. Peterman ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, 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 ENTERED; ? ? C? G?a? ' ,,, ?a . Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 ccbrupWPBruntLaw.com Attorney for Defendant LEONARD L. PETERMAN, V. Plaintiff MARCIA L. PETERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : No. 06-928 CIVIL TERM : IN DIVORCE STIPULATION OF THE PARTIES AND NOW, come the above-captioned parties, and their respective counsel of record, and stipulate and agree to the entry of a Qualified Domestic Relations Order in the form attached hereto. LEONARD L. PETERMAN, Plaintiff LCr? MAR (AA L. PETERMAN, Defendant J. PA HELVY, E A#or6ev For Plaint CONSTANCE P. BRUNT, ESQUIRE, Attorney For Defendant -- K;v .y^^M ^? `3l > `^ M"'w l6A/ Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cPbru ntACPBruntLaw.com Attorney for Defendant JUL 1 X nuo a LEONARD L. PETERMAN, Plaintiff V. MARCIA L. PETERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : No. 06-928 CIVIL TERM : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this 14 day of , 2008, it is hereby _ \ 10?q ordered as follows: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan, which is qualified under §401 of the Internal Revenue Code ("Code"). This Order is intended to constitute a Qualified Domestic Relations Order (" QDRO") under §414(p) of the Code and §206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and shall be interpreted and administered in conformity with such laws. This Order is entered pursuant to the authority granted under the Pennsylvania Divorce Code, 23 Pa.C.S. §3502. 1. PLAN. This Order applies to the Nationwide Savings Plan ("the Plan"). Any successor to the Plan shall also be subject to the terms of this Order. 2. PARTICIPANT. The name and address of the Participant are as follows: Name: LEONARD L. PETERMAN Address: PO Box 414 Fallston MD 21047 The Participant's Social Security Number and date of birth shall be provided to the Plan Administrator under separate cover in order to preserve the privacy of the parties. 3. ALTERNATE PAYEE. The name and address of the Alternate Payee are as follows: -2- Name: MARCIA L. PETERMAN Address: 4320 Roth Farm Village Circle Mechanicsburg, PA 17050 4 5 The Alternate Payee's Social Security Number and date of birth shall be provided to the Plan Administrator under separate cover in order to preserve the privacy of the parties. The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. MARITAL HISTORY. Date of Marriage Date of Divorce: May 22, 1982 July 1. 2008 BENEFIT PAYABLE TO ALTERNATE PAYEE. This Order assigns to the Alternate Payee the amount equal to $294,088 as of November 27, 2007, or the Participant's vested account balance if less, together with gains and losses since that date. 6. FORM OF PAYMENT. -3- If the Alternate Payee so elects, the Plan shall distribute all or any designated portion of the amount designated in paragraph 5 of this QDRO, together with allocable earnings, as soon as administratively feasible following the Plan Administrator's approval of this Order. Except as otherwise noted, the account balance assigned by this Order will be paid to the Alternate Payee in any form available to the Participant in accordance with the provisions of the Plan at commencement. 7. COMMENCEMENT. The Alternate Payee may begin receiving her benefit payments after the Plan Administrator has determined this Order to be a QDRO in a manner pursuant to the terms of the QDRO, ERISA and the Code. 8. DEATH OF THE ALTERNATE PAYEE. In the event of the Alternate Payee's death prior to receiving the full amount of benefits called for under this Order and under the benefit option chosen by the Alternate Payee, such Alternate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator, will receive the remainder of any unpaid benefits under the terms of the Plan. In the event that no beneficiary is designated, such Alternate Payee's benefit shall be paid to the Alternate Payee's estate. 9. DEATH OF THE PARTICIPANT. In the event that the Participant dies prior to the establishment of a separate account in the name of the Alternate Payee, the Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits payable under the Plan, but only to the full extent of the benefits awarded in paragraph 5 of this Order. Should the Participant predecease the Alternate Payee after the new account has been established on her behalf, Participant's death shall in no way affect the Alternate Payee's right to her portion of the benefits. 10. RETENTION OF JURISDICTION. This matter arises from an action for divorce in this Court under the Docket Number set forth above. Accordingly, this Court has jurisdiction to issue this Order, pursuant to the Pennsylvania Divorce Code, §23 Pa.C.S. §3101 et seq. In the event that the Plan Administrator determines that this Order is not a QDRO, both parties shall cooperate with the Plan Administrator in making any changes needed for the Order to become qualified, including execution of all necessary documents. For this purpose, this Court expressly reserves jurisdiction over the above-referenced divorce proceeding involving the Participant, the Alternate Payee, and the Participant's interest in the Plan. -5- 11. LIMITATIONS. Pursuant to §414(p)(3) of the Code and, except as provided by §414(p)(4), this Order: i. Does not require the Plan to provide of any type or form of benefit, or any option not otherwise provided under the Plan; and ii. Does not require the Plan to provide increased benefits; and iii. Does not require the payment of benefits to an alternate payee that are required to be paid to another alternate payee under another Order previously determined to be a Qualified Domestic Relations Order. 12. CONSTRUCTIVE RECEIPT If the Plan inadvertently pays to the Participant any benefit that is assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Plan to the extent that the Participant has received such benefit payments. -6- If the Plan inadvertently pays to the Alternate Payee any benefit that is assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Plan to the extent that the Alternate Payee has received such benefit payments. 1 Y `rS W u1? 1 CTS N !f J ?3 ..j • J• l# E f ?7 v