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Home My WebLink About06-3909JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff PATRICIA L. POGACNIK Plaintiff V. JOHN L. POGACNIK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D` - .409 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS (21C s 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 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. 1F 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 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff PATRICIA L. POGACNIK, Plaintiff V. JOHN L. POGACNIK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambi6n ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALUKENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECL.AMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 PATRICIA L. POGACNIK, Plaintiff V. JOHN L. POGACNIK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O(o - 390? C', u:C -Tsa? CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff is Patricia L. Pogacnik, an adult individual who currently resides at 3918 Brookridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050-2103. 2. Defendant is John L. Pogacnik, an adult individual who currently resides at 3918 Brookridge Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050-2103. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 29, 1971. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is one (1) child of this marriage under the age of eighteen years, namely: Matthew David Pogacnik. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully submitted, JOANNE HARRISON CLOUCAI, PC Date: t - Zq Joanna'Harrison Clough Attorney ID No.: 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff VERIFICATION I, Patricia L. Pogacnik, verify that the statements made in this Complaint 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. Section 4904, relating to unsworn falsification to authorities. Date: Patricia L. Pogacnik 1 O w Q Q PATRICIA L. POGACNIK, Plaintiff v. JOHN L. POGACNIK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3909 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Richard Gromen, Esquire, acknowledge that I am legal counsel for Defendant John L. Pogacnik. I further acknowledge that I received a true and correct copy of a time stamped Complaint in Divorce filed on July 11, 2006 in the above captioned action by first class mail on the IS day of July, 2006 and I accept service of said Complaint on behalf of the defendant. Date: 3121 C Mt. Joy Ito Mt. Joy, PA 17552 FRIEDMAN & KING, P.C. John F. King, Esq. ID # 61919 3820 Market Street Camp Hill, PA 17011 717-236-8000 717-236-8080 fax I= ATRICIA L. POGACNIK, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3909 CIVIL TERM JOHN L. POGACNIK, r1- i, Decuaar'.t. CIVIL ACTION - LAW IN DI`r'ORCE WITHDRAWAL OF APPEARANCE Kindly withdraw my appearance on behalf of the Defendant, John L. Pogacnik. Date: April 1 2008 *Riard om e , Esq. 3121 C Mt. Joy Road Mt. Joy, PA 17552 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Defendant, John L. Pogacnik. Dated: April , 2008 J F. King, Esq. Friedman & King, P.C. 3820 Market Street Camp Hill, PA 17011 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PATRICIA L. POGACNIK, Plaintiff V. NO. 06-3909 JOHN L. POGACNIK, CIVIL ACTION - LAW Defendant PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: AND NOW, this /? `day of May, 2008, kindly withdraw the appearance of JOANNE HARRISON CLOUGH, Esquire, on behalf of the Plaintiff. By: Joanne Harrison Clough, E Attorney I.D36A16 / AND NOW, this day of May, 2008, enter, the appearance of MELISSA PEEL GREEVY on behalf of Plaintiff in the above captioned matter. JOHNSO FFIE, STEWART & WEIDNER B is Pee Greevy Attorney I.D. No. 77950 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :331990 ? .. ?.. ? =Yi c?' f --? _,._ t 1 yf .?. , }-Y. ?? ."C` __. ITT t'M-' __ .? ?. Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esqurie I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com PATRICIA L. POGACNIK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-3909 CIVIL TERM V. JOHN L. POGACNIK, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Plaintiff, PATRICIA L. POGACNIK, in the above matter hereby elects to resume and hereafter use the previous name of PATRICIA L. PATTON, and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P. L. 1309 No. 295, §702; 54 Pa.C.S.A. 704, as amended. PATRICIA L. POGACNIK TO BE KNOWN AS: PATRICIA L. PATTON STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 0 1:? day of 2008, before me, a notary public, personally appeared PATRICIA L. POGACNIK to be known as PATRICIA L. PATTON, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. COMMONWEALTH OF PENNSYLVANIA TNO RIAL SEAL Cassand enbaum, Notary Public Lemoy, Cumberland Countyty My CoExpires Dec. 4, 2Z Notary Public Member, vw& Association of Notaries :336343 O - 3y tC : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA L. POGACNIK Plaintiff Vs. JOHN L. POGACNIK : Docket No. 06-3909 Defendant MOTION FOR APPOINTMENT OF MASTER John L. Pogacnik (P kdnfif? (Defendant), moves the court to appoint a master with respect to the following claims: Divorce 'Distribution of Property () Annulment ( ) Support O Alimony (} Counsel Fees {) Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has)Avwzot) appeared in the action (personally) (by his attorney, John F King , Esquire). (3) The Staturory ground (s) for divorce (is) (are) 3301(c) or (d) (4) Delete the inapplicable paragraph(s): a. T'heastion ' c. The action is contested with respect to the following claims: Date: Print Attorney Name ......... ??John F. King ORDER APPOINTING MASTER AND NOW, , 20 , is appointed master with respect to the following claims: Esquire By the Court: J. (5) The action (j?AvA!*) (does not involve) complex issues of law or fact (6) The hearing is expected to take O N E (h s) ys}. ('n Additional information, if any, relevant to a m4 on: ?. 'a :? ; _? „? Y ?. , -?., ?` +? t` , P g> 4 FRIEDMAN & KING, P.C. John F. King, Esq. ID # 61919 3820 Market Street Camp Hill, PA 17011 717-236-8000 717-236-8080 fax PATRICIA L. POGACNIK, Plaintiff, V. JOHN L. POGACNIK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ANSWER WITH ADDITIONAL COUNT Defendant, John L. Pogacnik, by and through his attorneys, Friedman & King, P.C., John F. King, Esq., of counsel, as and for his answer states as follows: 1. Pursuant to Pennsylvania Rules of Civil Procedure 1920.14, no answer is required to paragraphs "1" through "11" of Plaintiff's Complaint. ADDITIONAL COUNT REQUEST FOR EQUITABLE DIVISION OF MARITAL PROPERTY PURSUANT TO 23 Pa.C.S.A. & 3502(a) 2. The prior paragraphs of this Answer are incorporated herein by reference thereto. 3. The Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage. 4. The Plaintiff and Defendant have been unable to agree as to equitable distribution of the said property to the date of the filing of the Complaint. WHEREFORE, the Defendant respectfully requests this Court to equitably divide all e, marital property. By: F. King, Esq!?? 3 20 Market Street amp Hill, PA 17011 (717) 236-8000 (717) 236-8080 FAX friedmanandkingka,hotmail. com Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I am th day of November, 2008, serving the foregoing answer with additional count upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Melissa P. Greevy, Esquire Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Street Lemoyne, PA 17043 >40-AA.A'- arry Semans 7SS C - Z h 1J NOV 0 5 2008 : IN THE COURT OF COMMON PLEAS OF PATRICIA L. POGACNIK : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. Docket No. 06-3909 JOHN L. POGACNIK Defendant MOTION ME APPOINTMENT OF MASTER John L. Pogacnik (RkdndM (Defendant), moves the court to appoint a master with respect to the following claims: Divorce )KDistribution of Property () Annulment () Support () Alimony () Counsel Fees (} Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has)omwt) appeared in the action (personally) (by his attorney, .John F King , Esquire). (3) The Staturory ground (s) for divorce (is) (are) 3301(c) or (d) (4) Delete the inapplicable paragraph(s): as Tfiaasti c. The action is contested with respect to the following claims: Date: Print Attorney Name AND NOW, ?l SPA is appointed master with respect to the following claims: .Esquire By the urt: Q J. (5) The action Cpl (does not involve) complex issues of law or fact (6) The hearing is expected to take N E re ys(7) Additional information, if any, relevant to mo on w Cry !.?7 ? ,? ? C _- rr CZ-5 ? ?3 4 I? R PATRICIA L. POGACNIK, Plaintiff vs. JOHN L. POGACNIK, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 3909 CIVIL IN DIVORCE TO: Melissa Peel Greevy John F. King , Attorney for Plaintiff , Attorney for Defendant DATE: Friday, November 14, 2008 CERTIFICATION ] I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete disc very. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT ( ) NOTE:PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. f^ !'\_^, ??. ? ' 6.__ . _ C_.i t? [, ?? . ? ? Y/ ' .. ?.f 3 pv?b ?:_? c. ?t c. PATRICIA L. POGACNIK, Plaintiff v. JOHN L. POGACNIK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. p(p _ 3gpc? C i va TLw : IN DIVORCE TO: Melissa Peel Greevy, Attorney for Plaintiff John F. King, Attorney for Defendant DATE: December 10, 2008 CERTIFICATION [ x ] I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trail and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. i6 ass' Iz LAG z - 15 ATE UNSEL FOR PLAIN I F ( ) COUNSEL FOR DEFENDANT (?a-- NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. :,T _ 2 PATRICIA L. POGACNIK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3909 CIVIL TERM JOHN L. POGACNIK, Defendant. CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW COUNT TO: Prothonotary Kindly withdraw the Additional Count for Equitable Distribution as contained in Defendant's Answer with Additional Count, filed on November 4, 2008. Dated: April 27, 2009 Respectfully submitted, JOHN F. KING LAW, P.C. By: hn F. King, Esq. D 61919 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343 (717) 422-5526 FAX F#L& F tC; F THE ()THONIO ARY 20019. MAY -1 AM 11 28 CUMPBE,- L, Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PATRICIA L. POGACNIK, V. JOHN L. POGACNIK, Plaintiff, Defendant. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 11, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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. WAIVER OF NOTICE OF INTENMON TO REQUEST ENTRY OF A DIVORCE QE?REE UNDER SECTION 3341(c) 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. 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 above are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: TRICIA L. PATTON f/k/a PATRICIA L. POGACNIK :336345 FU- D-01, F! C'Ez 2009 MAY -1 Ali 11: 28 PATRICIA L. POGACNIK, Plaintiff, V. JOHN L. POGACNIK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEMSYLVAI A NO. 06-3909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 11, 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. 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. § 4904 relating to unworn falsification to authorities. Date: y - 0100 OF TFE 2009 MAY - ! AN If 2 PATRICIA L. POGACNIK, Plaintiff, V., JOHN L. POGACNIK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -NO.06-3909 CIVIL. TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3341(D) 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. 4. 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 unworn falsification to authorities. Date: y - a q - BOO q John L. PogacniV,, Defendant r ' 'Y, F:?`fEP M HAIY -j ti[ r2 PATRICIA L. POGACNIK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06 - 3909 Civil JOHN L. POGACNIK, Defendant IN DIVORCE ORDER OF COURT , AND NOW, this day of Y"z 2009, an agreement having been reached between the parties resolving all claims raised in the proceedings, the agreement, at the request of counsel (see counsel's letter of May 1, 2009, attached hereto), not to be made part of the record, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court, along with the affidavits of consent and waviers of notice of intention to request entry of divorce decree signed by the parties, requesting a final decree in divorce. Cc: /Melissa Peel Greev Y Attorney for Plaintiff John F. King Attorney for Defendant BY THE COURT, v? 0?, Edgar B. ayley, P.J.'?? us A S W {?L?r ?w 1.; -? c`? ? v Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950] 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PATRICIA L. POGACNIK, Plaintiff V. JOHN L. POGACNIK, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3909 CIVIL TERM CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: q by Plaintiff ? /3 61# 9 , by Defendant ?//a 1/1) 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Filed herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Filed herewith. Date: :351274 JOHN8tN-,-NJFFIE, STEWART & WEIDNER lissa Peel Greevy FfLEG-C.':?r;C;F OF THIS' Pz, ")T ' nN'0T RY 2009 MAY 12 AM 11: 36 IN THE COURT OF COMMON PLEAS OF PATRICIA L. POGACNIK CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN L. POGACNIK NO. 06-3909 CIVIL TERM DIVORCE DECREE AND NOW, it is ordered and decreed that PATRICIA L. POGACNIK , plaintiff, and JOHN L. POGACNIK , 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, Attest: J. A rothonotary ?/1 ?? a?' ?? ?? ?? s ? ?? ?. ?t ?; `?? . t ? V `r Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950] 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PATRICIA L. POGACNIK, Plaintiff V. JOHN L. POGACNIK, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLc??bANLLAg NO. 06-3909 CIVIL TERM' CIVIL ACTION - LAW `<r` o IN DIVORCE MOTION FOR ENTRY OF ORDER UPON CONSENT OF THE PARTIES AND NOW, comes Plaintiff, Patricia L. Patton, f/k/a. Patricia L. Pogacnik, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order upon consent of the parties for the entry of a "Qualified Domestic Relations Order", which Order, executed by the parties is attached hereto. The undersigned represents that the Defendant concurs with this Motion. The undersigned further represents that the Defendant's former counsel, John F. King, Jr., notified the undersigned that the Defendant had informed him that he no longer required Mr. King's services. Respectful JOHN ON, DU FIE, ST ART & WEIDNER Date: Melissa Peel Greevy Attorney I.D. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff 1 o ?" CERTIFICATE OF SERVICE AND NOW, this 1 day kjjajz; ? , 2010, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Entry of Order Upon Consent of the Parties upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John L. Pogacnik 3918 Brookridge Drive Mechancisburg, PA 17050 JOHNSON, DUFFIE, STEWART & WEIDNER Melissa Peel Greevy 392537 ' . MAR "I 12010 PATRICIA L. POGACNIK, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. r-o NO. 06-3909 CIVIL TERM JOHN L. POGACNIK, Defendant. CIVIL ACTION - LAW -- IN DIVORCE C71 QUALIFIED DOMESTIC RELATIONS ORDER ' AND NOW, this It 14 day of a+,t?\ 2010, it appearing to the Court that: The parties hereto were husband and wife and a divorce was granted and decree filed on May 20, 2009, and John Lawrence Pogacnik, Social Security Number 275-50-1448, hereinafter referred to as "Participant" is a participant in the CVS/Caremark 401(k) Plan, and Patricia L. Patton, formerly Patricia L. Pogacnik, Social Security Number 292-50- 9208, hereinafter referred to as "Alternate Payee" has raised claims for equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S.A. 3101 et seg., and John Lawrence Pogacnik and Patricia L. Patton, formerly Patricia L. Pogacnik, have executed a Martial Settlement Agreement which resolves all claims for equitable distribution of the marital property. IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: Pursuant to Internal Revenue Code.Section 414(p), and Section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended, ("ERISA"), this Order is intended to constitute a Qualified Domestic Relations' Order ("QDRO"), as it relates to the Participant's provision of marital property rights to Alternate Payee and is made in accordance with the Commonwealth of Pennsylvania domestic relations law. 1. Definitions (a) The term "Plan" means the 401(k) Plan and the Employee Stock Ownership Plan of CVS Caremark Corporation and Affiliated Companies, which is a defined contribution plan to which this Order applies. In the event the Plan is merged or its assets or liabilities are transferred, the term "Plan" shall include any successor plans. (b) The term "Participant" means John Lawrence Pogacnik, Social Security Number 275-50-1448, employee number 0111532, whose date of birth is January 24, 1950, whose last known mailing address is 3918 Brookridge Drive, Mechanicsburg, Pennsylvania 17050, and who is a participant in the 401(k) Plan and the Employee Stock Ownership Plan of CVS Caremark Corporation and Affiliated Companies. (c) The term "Alternate Payee" meads Patricia L. Patton, formerly Patricia L. Pogacnik, former spouse of the Participant, whose Social Security Number is 292-50- 9208, whose date of birth is March 26, 1951, and whose last known mailing address is 2235 Brigade Road, Enola, Pennsylvania 17025. Alternate Payee is recognized by this Order as having the right to receive a portion of the benefits payable under the Plan with respect to the Participants. (d) The term "Earliest Retirement Age" means the age determined in accordance with Section 414(p)(4)(B) of the Code. 2 2. Benefits Assigned to Alternate Payee The Alternate Payee is hereby assigned the following portion of the Participant's benefits under the Plan as her sole and separate property. The Alternate Payee's portion is Eighty Thousand Two Hundred Seventy-Five Dollars ($80,275.00) as of August 1, 2009, or if such date is not a valuation date under the Plan, as of the valuation date next following such date, plus gains and losses on such amount from such valuation date through the valuation date preceding the actual date of distribution. 3. Time of Benefit Payment Payment of the benefit allocated to the Alternate Payee in Paragraph 2 above shall commence to the Alternate Payee as soon as administratively practicable following the date the Order is determined by the administrator of the Plan to be qualified under the provisions of Section 414(p) of the Internal Revenue Code. 4. Form of Benefit Payment The Alternate Payee shall have the right to elect any form of payment available under the Plan other than a joint and survivor annuity with a subsequent spouse. The Alternate Payee's election shall be limited to those forms of payment provided under the Plan and available at the time the election is made to the Participant based on the assumption the Participant had at that time terminated employment. Any application by the Alternate Payee selecting a form of payment shall be made in accordance with the Plan's administrative procedures. If no election is made by the Alternate Payee, payment to the Alternate Payee shall be made in one lump sum. 5. Alternate Payee's Rights With respect to the Alternate Payee's interest in the Plan under the terms of 3 this Order, the Alternate Payee shall have the right to designate a beneficiary in the event of the death of the Alternate Payee prior to the distribution of such interest. If payment of the Alternate Payee's interest is to be paid other than in the form of a lump sum with payment made as soon as administratively practicable following the date the Order is determined by the plan administrator to be qualified under the provisions of Section 414(p) of the Internal Revenue Code, the Alternate Payee shall have the right to direct the investment of her interest under the Plan to the extent permitted by the Plan with respect to a participant who has terminated employment. The Alternate Payee's right to direct the investment of his or her interest shall be effective as soon as administratively practicable following the date the administrator of the Plan determines the Order to be qualified. Otherwise, all amounts held under the Plan will be invested as directed by the applicable Participant, to the extent permitted under the provisions of the Plan. 6. Death of Participant The death of the Participant shall have no impact on the amount assigned to the Alternate Payee pursuant to Paragraph 2 above. 7. Death of Alternate Pam If the Alternate Payee dies before receiving the full value of her interest in the Plan, any remaining portion of such interest shall be paid to the beneficiary designated by the Alternate Payee on a form provided by the administrator of the Plan, or in the absence of a designated beneficiary, payment shall be made to the Alternate Payee's estate. 4 8. No Other Interests The Alternate Payee shall have no right or interest in the portion of the Participant's account balance under the Plan that is not assigned to the Alternate Payee pursuant to Paragraph 2 above. Nothing in his Order shall restrict the Participant's ability to commence payment under the Plan, to elect an optional form of payment, or designate a beneficiary under the Plan with respect to the portion of the Participant's account balance not assigned to the Alternate Payee. 9. Non-Alteration of Benefits Nothing contained in this Order shall require the Plan or the administrator of the Plan to provide to the Alternate Payee under any circumstances: (1) any type or form of benefit, or any benefit option, not otherwise provided to the Participant under the Plan, (ii) increased benefits (determined on the basis of actuarial value) or (iii) benefits that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. 10. Constructive Receipt While it is anticipated that the Plan will pay the benefit assigned to the Alternate Payee directly to the Alternate Payee, the Participant is designated a constructive trustee to the extent the Participant receives any benefits from the Plan that have been assigned to the Alternate Payee pursuant to the terms of this Order. Participant is Ordered and Decreed to pay benefits described above which have been assigned to the Alternate Payee but paid to the Participant directly to Alternate Payee within ten (10) days of receipt by the Participant. 5 11. Tax Treatment of Distributions Made Under This Order For purposes of Section 72 and 402(e) 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. 12. Miscellaneous Provisions In the event this Order is found by the administrator of the Plan not to be a Qualified Domestic Relations Order, the Court shall retain jurisdiction to modify the Order as necessary for the administrator to accept the Orden, and pay benefits in accordance with its provisions. Consented to: Patricia L. Patton;-f/k/a Patricia L. Pogacnik Wife / Alternate Payee stn SS J a'M?? ?. ? dot OV1111 L. r-U dl Husband / Pa Witness BY THE COURT, A Hon. M. L. Ebert, Jr. J. Distribution-sa P. GreevY, Esquire P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 L. Pogacnik 3918 Brookridge Drive, Mechanicsburg, Pennsylvania 17050 Pblto?j :392520 J 6 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950) 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PATRICIA L. POGACNIK, V. Plaintiff JOHN L. POGACNIK, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL&ANL6? C7 NO. 06-3909 CIVIL TERM!- = CIVIL ACTION - LAW IN DIVORCE , _.. r w MOTION FOR ENTRY OF ODDER UPON CONSENT OF THE PARTIES AND NOW, comes Plaintiff, Patricia L. Patton, f/k/a. Patricia L. Pogacnik, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order upon consent of the parties for the entry of a "Qualified Domestic Relations Order', which Order, executed by the parties is attached hereto. The undersigned represents that the Defendant concurs with this Motion. The undersigned further represents that the Defendant's former counsel, John F. King, Jr., notified the undersigned that the Defendant had informed him that he no longer required Mr. King's services. Respectfully ubmitted, Date: 116 :JOHN ON, DU FIE, ST ART & WEIDNER Melissa Peel Greevy Attorney I.D. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff J CERTIFICATE OF SERVICE AND NOW, this q day Ajladrjnt - , 2010, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Entry of Order Upon Consent of the Parties upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John L. Pogacnik 3918 Brookridge Drive Mechancisburg, PA 17050 JOHNSON, DUFFIE, STEWART & WEIDNER (Byt Melissa Peel Greevy :392537