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HomeMy WebLinkAbout07-0928P STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF LYNETTE J. MEREDITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BRIAN K. MEREDITH, : NO.07 - CIVIL TERM Defendant : IN DIVORCE 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 in 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF LYNETTE J. MEREDITH, Plaintiff V. BRIAN K. MEREDITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07 -_ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: The plaintiff is Lynette J. Meredith, an adult individual residing at 145 SUE, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is Brian K. Meredith, an adult individual residing at 1300 Links Circle, Apt. 1, Jonesboro, Arkansas 72404. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on June 8, 1991, in Shippensburg, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that said parry has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. 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. Section 4904, relating to unworn falsification to authorities. 2007 L tte J. M edith, Plaintiff WOLF & WOLF '2007 BY: STACY B. WOLF, ESQUIRE Supreme C ID #88732 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff W ? 1•z P f":a N ? d lY3 ?x.t Q MM .'+ U STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF LYNETTE J. MEREDITH, Plaintiff V. BRIAN K. MEREDITH, Defendant ni -c3 ?> =a 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. zl/ 0.1' , 2007 L ette J. M edith, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' N CIVIL ACTION - LAW? N0.07 - CIVIL TERM ?a f IN DIVORCE The plaintiff, being duly sworn according to law, deposes and says: Z r7 tv Ml ., CP rl:.. C -- ? fi1 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF LYNETTE J. MEREDITH, Plaintiff V. BRIAN K. MEREDITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.07 - P19 CIVIL TERM : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotar 's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Z2q 2007 ' & i? Brian K. Meredith, Defendant f-, r. ? -tom STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF LYNETTE J. MEREDITH, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRIAN K MEREDITH, : NO. 07 - q i g CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Brian K. Meredith, certify that I am the defendant in this matter. Furthermore, I hereby certify that on 2007, I received a certified copy of the divorce complaint filed in this action. al , 2007 L&' z z" Brian K. Meredith Defendant ?° ? v ? ^T"p '? ? " t t' t ! -^ a y. i. 1 ?`?« STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF LYNETTE J. MEREDITH, Plaintiff' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN K. MEREDITH, Defendant : CIVIL ACTION - LAW : NO. 07 - 928 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about February 20, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and more than 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 divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. 2007 ` L ETTE J. EREDITH r-? (? ? p -r? n ? ? ``? ? ? . _? ?: -?'= , ? Y ?? ?? ? --d1 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF LYNETTE J. MEREDITH, Plaintiff V. BRIAN K. MEREDITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - 928 CIVIL TERM : IN DIVORCE 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: 1 ? 1 D 4ETTE VJ. MEREDITH ra K + ' 1 ?? .may- }?,? ,. n.+_I? :.1ry %` 'i „. i ?+ ' ? L.? ? ?? ?.?_. Yt ? 1,,. Y2 ?. .. ?1 ?? ?? STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF LYNETTE J. MEREDITH, Plaintiff V. BRIAN K. MEREDITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 928 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about February 20, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and more than 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 divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. "-'V - I"?- - 7 ,2007 1 e BRIAN K. MEREDITH c-:, -on ? cn r4a STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF LYNETTE J. MEREDITH, Plaintiff V. BRIAN V- MEREDITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 928 CIVIL TERM : IN DIVORCE 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: BRIAN K. MEREDITH ?° ? ? v- ' ""'' ? ?..n ?'FtF1' ' '?' y :: ?.:. -? f i ' ? ? L? s- _ ?. " 1 ,Cry, ? ?" ??.C f ? ? 1? ?. e ? ' 1. l ./' ?.. ? ? I LYNETTE J. MEREDITH, Plaintiff V. BRIAN K. MEREDITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 928 CIVIL TERM IN DIVORCE STIPULATION FOR THE ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, this.. day of VkU. , 2007, the parties, Lynette J. Meredith, Plaintiff, and Brian K. Meredith, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Brian K. Meredith (hereinafter referred to as "Member) is a member of the GMP and Employers Pension Plan (hereinafter referred to as "Plan"). 2. The Plan is controlled by the Employee Retirement Income Security Act of 1974,29 U.S.C § 1001 et seq (hereinafter referred to as "ERISA"). 3. Member's date of birth is September 5, 1969, and his Social Security number is 188-54- 0686. 4. The Plaintiff, Lynette J. Meredith (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is January 8, 1973, and her Social Security number is 167-58-9539. 5. Member's last known mailing address is: P.O. Box 16186 Jonesboro, AR 72403 6. Alternate Payte's current mailing address is: 145 SME Shippensburg, PA 17257 It is the responsibility of Alternate Payee to keep a current mailing address on file with Plan at all times. 7. The Plan Administrator of the Plan is: Board of Trustees of the GMT and Employers Pension Plan c/o Stoner & Associates 205 West Fourth Street, Suite 225 Cincinnati, Ohio 45202 A 8. Alternate Page is entitled to a portion of the Member's benefits under the Plan as set forth below. The Plan is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 9. When Member retires, Member agrees to apply for and receive his accrued benefit in the form of a Husband-and-Wife Option, which is a qualified joint and survivor annuity, with the Alternate Payee designated as the surviving spouse for purposes of the survivor annuity. 10. Beginning with the Member's first monthly benefit payment and continuing for his lifetime, the Alternate Payee shall receive 45% of each monthly amount that the Member would otherwise receive from the Plan. Upon the death of the Member, if she survives him, the Alternate Payee will begin to receive the survivor annuity under the Husband-and-Wife Option. 11. If the Member dies prior to his annuity starting date, the Alternate Payee shall be deemed the surviving spouse of the Member for purposes of the preretirement survivor annuity (hereinafter "PSA") payable with respect to the Member's accrued benefit at the time of his death and the Alternate Payee will receive all such PSA benefits. Member reaffirms his selection of Alternate Payee as his survivor annuitant and waives his right to select a new survivor annuitant by reason of his divorce from the Alternate Payee. 12. Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to the Plan, which will authorize the Plan to release to Alternate Payee all relevant information concerning Member's retirement account. Member shall deliver the authorization to the Plan which will allow the Alternate Payee to check that she has been and continues to be named as the survivor annuitant. 13. The Plan shall issue individual 1099-R tax forms to Member and Alternate Payee for amounts paid to each, as each parry will be responsible for paying all taxes with respect to all amounts received by such parry. 14. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefits not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. All other rights, privileges, and options offered by the Plan not granted to Alternate Payee by this Order are preserved for Member. 15. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require the Plan to provide any type or form of benefit, or any option not otherwise provided under the ERISA; (b) Does not require the Plan to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 16. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 17. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend anyDomestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any type or form of benefit, or any option not otherwise provided by the Plan, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 18. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon the Plan immediately. The Domestic Relations Order shall take effect immediately upon the Plan's approval and the Plan's approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT J. laintiff/ mate Payee efendant/Member -74 Attomeyfo laintiff/Alte to Payee Witness fo efendan Member RECEt? ED DEC 2 ? 2a6? 0- if- r" /Pal l? ? ?rrrmry AV(V s ` 4v t t 330 LUZ At d1U?`?v; d ?'A :10 f STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 89732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF LYNETTE J. MEREDITH, Plaintiff v. BRIAN K MEREDITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07 - 928 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary. decree: Please transmit the record, together with the following information, to the court for entry of a divorce Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about February 20, 2007, defendant was served with a copy of the divorce complaint via certified mail. (See Affidavit of Service previously filed March 2, 2007) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: Bythe plaintiff: October 22, 2007. By the defendant: October 22, 2007. (b) (1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b) (2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A, (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with',the Prothonotary. October 22, 2007. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed wkh the Prothonotary. October 22, 2007. Februa12 2008 ?:? -ct - -??s - ?:? ? =; c?:% ?., ?:? _ - . ... _. -, ? ,_.. -1 ?? 'U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Lynette J. Meredith No. 2007 928 VERSUS Brian K. Meredith DECREE IN DIVORCE AND NOW, V\ a. 'r C+L? , 'LW , IT IS ORDERED AND Lynette J. Meredith DECREED THAT PLAINTIFF, Brian K. Meredith 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 ENTERED; The Marital Settlement Agreement dated July 26, 2007 is incorporated herein by reference but is not merged into this Decree. BY THE COURT: ATTEST: J. PROTHONOTARY '00"