Loading...
HomeMy WebLinkAbout02-5287IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES L. FRENCH, Plaintiff VS. KATHY J. FRENCH , Defendant CIVIL ACTION--LAW NO. 2002- X) 7 C VIL rEm 1N DIVORCE NOTICE TO DI~FF. NID AND CT .AIM RIGHT~q 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES L. FRENCH Plaintiff VS. KATHY J. FRENCH Defendant CIVIL ACTION--LAW NO. 2002- CIVIL TERM 1N DIVORCE COMPI,AINT I[NDER ~ECTION 3301(c) OF THE DIVORCE CODE Plaintiff is Charles L. French, who currently resides at 569 East Liberty Street, Chambersburg, Franklin County, Pennsylvania. Defendant is Kathy J. French, who currently resides at 48 Cardinal Drive, Carlisle, Cumberland County, Pennsylvania. Both Plaintiff amd Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. The Plaintiff and Defendant were married on May 4, 1974, at Lewistown, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Plaintiff requests the Court to enter a decree in divorce. Date: October .~ , 2002 Steven J. Fishman, ID#16269 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 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. Cons. Stat. Ann. §4904, relating to unsworn falsification to authorities. Charles L. French CHARLES L. FRENCH · Plaintiff · KATHY J. FRENCH, · Defendant - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5287 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF I)IVORCE DECREE UNDER ~ECTION 330! (C) OF THE DIVORCE CODI~; 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on Ot,/0~e~" ~}d~- , 2002. 2. Defendant acknowledged receipt and accepted service of the Complaint on October 31 ,2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning ali~nony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce, is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Date: January 29, 2003 CHARLES L. FRENCH, : Plaintiff : V. : .' KATHY J. FRENCH, : Defendant : IN THE COURT ,OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5287 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, .ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE IINDER ~ECTION 3301 (C) OF TIlE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on October 31 2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on October 31 ,2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request 'that the court require counseling. 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. Date: January 29, 2003 KATHY J. I~R~NCH - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES L. FRENCH, Plaintiff VS. KATHY J. FRENCH, Defendant CIVIL ACTION--LAW NO. 2002- 5287 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this 31 day of October:2002, I Kathy J. French, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a tree and attested copy of said Complaint. Kathy J. Fr~ncl¢/ CHARLES L. FRENCH, Plaintiff VS. KATHY J. FRENCH, Defendant : IN THE COURT OF COMMON PLEAS OF : COUNTY, PEb~XISYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5287 · 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: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the Complaint: acceptance of service signed by Defendant October 31, 2002, filed in the Office of the Prothonotary on October 31, 2002. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on January 29, 2003; and Defendant on January 29, 2003. 4. Related claims pending: .None 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Not applicable. Respectfully' submitted, Steven J. Fishman, Esquire, ID# 16269 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~:~~~,~; ~. PENNA. N o. 5287 2002 VERSUS DECreE IN DIVORCE AND NOW,~ DECREED THAT 2003 __., IT IS ORDERED AND , PLAINTIFF, AND KATHY J, FRENCH , 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 ENTERED; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES L. FRENCH, :: Plaintiff :: VS. ~: :: KATHY J. FRENCH, :: Defendant :: CIVIL ACTION--LAW NO. 2002-5287 CIVIL TERM IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER ~th . f 2 AND NOW, this .~ aay o June, 003, it appearing to the Court that: 1. The parties hereto were formerly husband and wife, having been divorced on February 4, 2003, by this Court at the above number; 2. Charles L. French (178-42-4465), hereinafter referred to as "Plaintiff" or "Participant," is employed by and is a participant in the Strickler Agency Inc. 401(K) Plan, account No. 60665547; 3. Kathy J. French (177-44-4064), hereinafter referred to as "Defendant" or "Alternate Payee," has raised claims or, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa. Cons. Stat. Ann. § 3101 et seq.; 4. Plaintiff's current and last known mailing address is 3547 Turnburry Drive, Chambersburg, Pennsylvania. 5. Defendant's current and last known mailing address is 48 Cardinal Drive, Carlisle, Pennsylvania. 6. The balance of the aforementioned account on February 4, 2003, was $219,593.00. IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. A portion of the aforementioned 401(K) account is marital property subject to distribution by this Court. 2. The sum of$114,350.00 from the account, plus actual interest earned on this sum from February 4, 2003, to the date that the retirement benefit is in pay status, is awarded to the Alternate Payee, Kathy J. French (Defendant), and is to be segregated to an account in her name. The Participant, Charles L. French (Plaintiff), is awarded the remainder, plus interest earned on the remainder. 3. The term of said payments is for the life of the Alternate Payee, a number of years certain, or a lump sum payment, the term to be as selected by the Alternate Payee from any payment option available to her from the 401 (K) Retirement Plan Administrator, W.R. Feasley, at the time the retirement benefit is in pay status. Payments are to commence at the retirement date chosen by the Alternate Payee but in no event earlier than the earliest retirement date provided under the Plan, or in the case of this defined contribution plan, a date which is not more than ten years before the normal retirement age under the Plan. 4. In the event a Plan provides the option to the Participant to elect to obtain benefits at the earliest retirement age, the benefits shall be payable to the Alternate Payee on or after the date on which the Participant attains the earliest retirement age, as if the Participant had retired on that date even if the Participant has not actually retired or separated from service. 5. The plan to which this Order applies is the Strickler Agency Inc. 401(K) Retirement Plan or any successor plan. 6. The Alternate Payee, Defendant, shall have the same rights with regard to her portion of the account as are available to the Participant, Plaintiff, with regard to his remaining portion of the account. These rights include but are not limited to the right to designate a beneficiary of retirement benefits, the right to elect from then existing retirement dates and payment options, and the right to such increases in value in the account as might occur as a result of general upgrading of the plan, plan amendments, earned interest, profitability of plan investments, etc. but not from increases in value which result from future increases in the Participant's compensation or his future contributions to the plan. In no event shall the Alternate Payee have greater rights than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided under the plan. 7. In the event that actuarial computation is necessary to determine "actuarial equivalents" and/or the difference between benefits actually accrued, non-subsidized benefits, or employer subsidized benefits, for the purpose of the earliest retirement age option by the Alternate Payee, or otherwise, the Plan Administrator shall obtain the services of any actuary who is enrolled under subtitle C of title III of the Employment Retirement Security Act of 1974. 8. Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of this Qualified Domestic Relations Order shall be assessed against the parties such that the Participant pays 100% of the costs. 9. The Alternate Payee shall have the right to roll over the benefits distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account or to an Individual Retirement Annuity. This transfer will be considered a taxfree rollover of the benefits distributed provided that the balance to the credit of the Alternate Payee is distributed or paid within one year of receipt. 10. The parties shall promptly notify the Strickler Agency Inc. 401(K) Plan Administrator of any change in their addresses from those set forth above in this Order. 11. The parties shall promptly submit this Order to the Strickler Agency Inc. 401(K) Plan Administrator for determination of its status as a Qualified Domestic Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984 and any successor acts or amendments. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. CONSENTED TO: Plaintiff and Plan Participant