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HomeMy WebLinkAbout07-6680 GERALD J. McKELVEY, Plaintiff VS. CATHERINE R. McKELVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. fJ7 ?6?? C 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 foregoing 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 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 GERALD]. McKELVEY, Plaintiff VS. CATHERINE R. McKELVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- & GFa 6, d_ 7. " IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. GERALD J. McKELVEY, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09- 4 6,Fo d 0t;L1 7-4,4'- CATHERINE R. McKELVEY, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, GERALD J. McKELVEY, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is GERALD J. McKELVEY, an adult individual who currently resides at 11 Weltshire West in Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is CATHERINE R. McKELVEY, an adult individual who currently resides at 1b51 Fishing Creek Valley Road in Harrisburg, Dauphin County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 4 November 1967 in Philadelphia, Pennsylvania. 5. The parties were involved in a prior divorce action which Catherine R. McKelvey filed to No. 01-4282 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania. That divorce action was never concluded and was eventually purged by the court for inactivity. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. I L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authi )",- Date: Oci4og,/ ? i ..,_J ?T? ?? ? w -V „'VV -.;. ...- ? ? / t ? i ? `\\ '??t: (? GERALD J. McKELVEY, PLAINTIFF VS. CATHERINE R. McKELVEY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6680 IN DIVORCE ACCEPTANCE OF SERVICE I, CATHERINE R. McKELVEY, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. Ubi Date 4'W?Yj" 69 - 10 III - CATHERINE R. McKELVEY 1651 Fishing Creek Valley Road Harrisburg, PA 17112 C? t 17. tV ?rC14 _ +y. ?y GERALD J. MCKELVEY„ ) Plaintiff ) VS. ) CATHERINE R. McKELVEY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6680 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2 November 2007 and served upon the Defendant on or about 10 November 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 a understand that false statements herein are made subject to the penalties?of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 10 February 2008 Geraid,l McKely r? 71, fll E?] _53 --C GERALD J. McKELVEY, Plaintiff VS. CATHERINE R. McKELVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6680 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2 November 2007 and served upon the Defendant on or about 10 November 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 coui t and that a copy of the decree will be seirit 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 unsworn falsification to authorities. 10 February 2008 ( ?Vu- - 6, c t-??? Catherine R. McKelvey rya ?w ?' ? _ ,? 1"Ir ?? _ i-i1 ? rF - 3 ` p a..,? ? GERALD J. MCKELVEY„ Plaintiff VS. CATHERINE R. McKELVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6680 IN DIVORCE MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and moves the court to enter the attached Qualified Domestic Relations Order in this matter, based upon the following: 1. The moving party herein is the Plaintiff. 2. During the parties' marriage, Plaintiff earned certain rights within a pension system operated by his former employer, PECO Energy, which is now AON Corporation. 3. As part of the financial settlement between the parties, they have agreed that Plaintiff's benefits within the PECO Energy plan shall be assigned and transferred to the Defendant. To implement that provision of their agreement, they need a Qualified Domestic Relations Order. 4. The parties have had a Qualified Domestic Relations Order prepared by a qualified pension expert, have reviewed it, and the parties have approved it. That Qualified Domestic Relations Order is attached hereto and the parties have signed it to express their consent to the entry of that order. WHEREFORE, Plaintiff moves this court to enter the attached Qualified Domestic Relations Order at the same time that it enters the final decree in divorce in this matter. Samuel L. Andes Attorney for Plaintiff TAD Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 ? rr? Co LL ?! ra GERALD J. McKELVEY, Plaintiff VS. CATHERINE R. McKELVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6680 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. Ground for Divorce: Irretrievable breakdown under Section 3301(c)• 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's counsel indicating service on or about 10 November 2007. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: 10 February 2008 by Defendant: 10 February 2008 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 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: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 10 February 2008, filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: dated 10 February 2008, filed contemporaneously herewith. Date: t79 I ?U By Samue L. Andes Attorney for Plaintiff :...? r? r S :3? C 7 ?' ? `? C""`S ?'fT " ? t T 3 ? ,.,,, - ; f i- _ lZ3 -"? ° „ K ? r??t O&T-10-2007 WED 09.50 AM CONRAD SIEGEL ACTUARIES FAX NO. 7175409106 P. 02 Gerald J. McKelve Plaintiff . Vs. Catherine li. McKelvev Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Q - (-1 ? K6 Ls,,. ( +erh QUAl"IED DOMESTIC RELATIONS ORDER, IT IS HEREBY ORDERED AS. FOLLOWS: 1. Effect of This Order as a Qualified Domestic Relations Order: 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 benefit pension plan qualified under Section 401 of the Internal Revenue Code ("Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d)(3) of ERISA. 2. Participant Information: The name, last known address, Social Securitynumber and date of birth of the plan participant is: Name: Gerald J. McKelvey Address: 1105 August Drive, Annapolis, MD 21403 Social Security Number: 181-36-5759 Birth Date: March 1, 1946 3. Alternate Payee Information: The name, last known address, Social Security number and date of birth of the Alternate Payee is: Name: Catherine R. McKelvey Address: 1651 Fishing Creek Valley Road, Harrisburg, PA 17112 Social Security Number: 181-36-5758 Birth Date: September 18, 1946 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the plan to which this Order applies is the Service Annuity Plan of PECO Energy Company ("Plan"). Any changes in flan Administrator, Plan sponsor or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. 6. For Provision of Marital Property Rights: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. OC-T..-1C-2007 WED 09:50 AM CONRAD- SIEGEL ACTUARIES FAX NO, 7175409106 P. 03 QDRO Page 2 7. Amount of Alternate. Payee's Benefit: This Order assigns to Alternate Payee an amount equal to the actuarial equivalent of 100% of the Participant's accrued pension benefit under the Plan as of January 1, 1979. 8. Cost of Living Adjustments: In addition to the above, the Alternate Payee shall receive 100% of any post-retirement cost-of--living adjustments or other economic improvements that otherwise would have been made to the Participant's benefits. 9. Pre-retirement Survivor Annuity: If the Participant dies before the Alternate Payee and the Alternate Payee has not commenced her benefits under the Plan, such Alternate Payee shall be designated as the surviving spouse of the Participant for purposes of establishing the Alternate Payee's entitlement to receive this monthly pre-retirement survivor annuity. For purposes of determining the eligibility for such surviving spouse benefits, the Alternate Payee and the Participant have satisfied the one (1) year marriage requirement as enumerated in Sections 401(ax11) and 417(d) of the Code and as may be required under the provisions of the Plan. This designation applies to any pre-retirement survivor annuity benefits attributable to the Participant's accrued benefit as set forth according to Section 7 above. The Alternate Payee shall be treated as a surviving spouse of the Participant for purposes of any pre-retirement surviving spouse annuity benefits attributable to the accrued benefit. 10. Commencement Date and Form of Payment to Alternate Payee: The Alternate Payee may elect to commence her benefits under the Plan at any time on or after the date the Participant attains the "earliest retirement age" as defined in Section 414(p) of the Internal Revenue Code or as early as the Plan permits. The Alternate Payee may elect to receive her benefits in any one of the allowable benefit options permitted under the terms and provisions of the Plan, other than a qualified joint and survivor annuity with her subsequent spouse as the beneficiary. 11. Separate Interest Approach: The Alternate Payee's assigned share of the benefits will be actuarially adjusted to her own life expectancy. As a result, once the Alternate Payee commences her benefits, they will continue for the remainder of her lifetime, and will be unaffected by the death of the Participant. Further, should any early commencement reduction be necessary in the event the Alternate Payee commences her benefits prior to Participant's Normal Retirement Date, as defined in the Plan, such reduction shall be applied to the Alternate Payee's benefits according to applicable Plan provisions. 12. Death of Alternate Payee: If the Alternate Payee dies before she commences her benefits, the Alternate Payee's portion of the Participant's benefits, as stipulated herein, shall revert to the Participant- If the Alternate Payee dies after she commences receiving benefits, any remaining benefits shall be paid according to the form of benefit elected by the Alternate Payee at her commencement. 13. Savings Clause: This Order is not intended and shall not be construed in such a manner as to require: uu t-lu-M7 WED 09:60 AM CONRAD SIEGEL ACTUARIES FAX NO, 7175409106 P. 04 QDRO Page 3 (a) the Plan to provide any type or :form of benefit option not otherwise provided under the terms of the Plan; (b) the Plan to provide increased benefits determined on the basis of actuarial value; or (c) the payment of any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order :previously deemed to be a QDRO. 14. Certification of Necessary. Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from ouch parties to make the necessary calculation of the benefit amounts contained herein. 15: Continued Qualified Status of Order. It is the intention of the parties that this QDRA continue to qualify as. a QDRO under Section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16; Tax Treatment of Distributions Made Under This Order: Forpurposes of Sections 402(a)(1) and 72 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 and, as such, will be required to pay the appropriate Federal income taxes on such distribution. 17. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. ACCEPTED AND ORDERED this ?•Q} day of Ob c 00P u b . CONSENT TO ORDER: fD V?o Alternate Payee Date ? one, "_ _1? 3e3 ? "l Attorney for Alternate Payee Date ey for P 'cipant Date '3°l'r-lr p ?t#d u; _QDI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS CATHERINE R. McKELVEY, Defendant DECREE IN DIVORCE GERALD J. MCKELVEY., -? No. 2007-6680 CIVIL TERM AND NOW, [' ip r V mr110 2008 , IT IS ORDERED AND GERALD J. McKELVEY DECREED THAT AND CATHERINE R. McKELVEY 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; NONE BY THE COURT: N\ --i' W. ATTEST: J. PROTHONOTARY /rvw gyp. h°'L° f /c, g-, ., -