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HomeMy WebLinkAbout08-6778McNEES WALLACE & NURICK LLC By: Debra Denison Cantor I.D. No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantora-mwn.com Attorneys for Plaintiff ROBIN M. ALLEN, Plaintiff V. JEFFREY A. ALLEN, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Qg_ 11118 e;ac , Teen 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, 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. 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, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC By J;A ra De 's n Cantor 12 I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: November 13, 2008 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor I.D. No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantora-mwn.com Attorneys for Plaintiff ROBIN M. ALLEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY A. ALLEN,II, Defendant NO. ??- 4 77p LcuC ?au. IN DIVORCE COMPLAINT IN DIVORCE Divorce Under 3301(c) or 3301(d) of the Divorce Code And now comes Plaintiff, Robin M. Allen, by and through her counsel, McNees Wallace & Nurick LLC, and files the following Complaint in Divorce. COUNTI Divorce Under 3301(c) or 3301(d) of the Divorce Code 1. Plaintiff is Robin M. Allen, who currently resides at 110 Rodney Lane, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Jeffrey A. Allen, II, who currently resides at 23 Aurora Street, Moravia, Cayuga County, New York, 13118. 3. Plaintiff has been a bona fide resident 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 30, 1987 in Boston, Massachusetts. 5. Plaintiff and Defendant are the parents of four minor children, Taylor Andrew Allen, date of birth, February 10, 1992; Samuel Thomas Allen, date of birth April 18, 1995; Alexandra Elizabeth Allen, date of birth July 8, 1997; and, Riley Colbert Allen, date of birth September 23, 1998. 6. There has been no prior action of divorce between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 9. After 90 days have elapsed from 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. 10. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 11. Plaintiff incorporates by reference paragraphs 1 through 9 of this Complaint. 12. 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 D06 De s Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: November 13, 2008 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. - /K Robin M. Allen Dated: 11-(5-02 I v v V n c ?'3 f7 r rl'I r v. N Q C .C" G?J Q -n nim 5T MCNEES WALLACE 8, NURICK LLC BY: Debra Denison Cantor, Esquire Attorney I.D. No. 66378 100 Pine Street Harrisburg, pA 17101 Telephone: (717) 237-5297 Facsimile: (717) 260-1667 dcantorc mwn.com Attorneys for Plaintiff ROBIN M. ALLEN, Plaintiff V. JEFFREY A. ALLEN,II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6778 IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in the above matter. Dated * Jeffr A. Allen, I ROBIN M. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6778 JEFFREY A. ALLEN, 11, : IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 14, 2008. 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 unswom falsification to authorities. Jeffr A. Allen, II Date: ?- l / D/D 1 om ° C? t " rn r - ,._ ? E cz?r3 - . r TNa ROBIN M. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6778 JEFFREY A. ALLEN,II, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 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 unswom falsification to authorities. Date: 3-11010.1 r-a .cs t;.Y rn N -? -G ROBIN M. ALLEN, Plaintiff V. JEFFREY A. ALLEN,II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6778 : IN DIVORCE AFFIDAVIT OF CONSENT 1 • A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 14, 2008. 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. i0ib i in l len Date: March 16, 2009 ? v ti jY7 _ mw ._.?,,!! ROBIN M. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6778 JEFFREY A. ALLEN, If, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF VORCF nFrQCC 1 1unL-s -., 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 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 unswom falsification to authorities. Robin M. Allen Date: March /D , 2009 n na ? ? -rt .?s ''fCf ? ? ? t+! l .. +_ ,?' " "rJ i . -x l e" - ? ? ?,'- , ?-.1 ?'? ?? McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5478 (717) 260-1667 facsimile mwn.com dcantorO _ Attorneys for Plaintiff ROBIN M. ALLEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY A. ALLEN,II, Defendant NO. 08-6778 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 and manner of service of the Complaint: Regular and certified mail upon Defendant on November 18, 2008 and signed for by Defendant on November 20, 2008. An Affidavit of Acceptance of Service was filed with the Court on December 3, 2008. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: March 10, 2009; by Defendant: March 10, 2009. Plaintiffs Affidavit is being filed contemporaneously with this Praecipe. Defendant's 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 Praecipe. Respectfully submitted, McNEES WALLACE & NURICK LLC By- De b C t I.D. o 378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor -mwn.com Attorneys for Plaintiff, Robin M. Allen Dated: March 10, 2009 2 CERTIFICATE OF SERVICE AND NOW, this __LCE?day of March 2009, 1 hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Jeffrey A. Allen, II 23 Aurora Street Moravia, New York 13118 J Oifer Kee Paralegal 3 N ° ; ? ? ? - ?=''=?, s? :? r?i? y t %l ? `iT °? T f- - ? :l-?'t ?:: ,,,,,, ? ?,1 ? l?'tJ -.? Robin M. Allen V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey A. Allen, I I NO. 08-6778 DIVORCE DECREE AND NOW, M,* C4 id , zoo 1 , it is ordered and decreed that Robin M. Allen , plaintiff, and Jeffrey A. Allen, II , 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, ,., ; 4 . ??? .. at _ I T TTT IN THE COURT OF COMMON PLEAS OF ROB AI Plaintiff - C-AN`BF..RLANQ COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JEFFREY ALLEN NO. 08-6778 Defendant IN DIVORCE DOMESTIC RELATIONS ORDER. 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Court Order under the Uniformed Services Former Spouse's Protection Act, 10 U.S.C. Section 1408 and following. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Robin M. Allen ("Participant") is a Participant in the Plan. Jeffrey A. Allen, II ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Robin M. Allen 110 Rodney Lane Camp Hill, PA 17011 Social Security No.: 031-54-3307 Date of Birth: March 4, 1965 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Jeffrey A. Allen, II 23 Aurora Street Moravia, NY 13118 Social Security No.: 052-60-7123 Date of Birth: June 6, 1963 y 6. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant. I? 0£ ?Q Ny LZ 218tl 69O1 Ell C/ ti DRO Page 2 7. This Order assigns to Alternate Payee an amount equal to 50% of the marital portion of the Participant's disposable military retired pay under the Plan as of her benefit commencement date. The marital portion shall be determined by multiplying the Participant's disposable military retired pay by a fraction (less than or equal to 1.0), the numerator of which is the number of months of the member's creditable military service in the Plan during the marriage (which shall be defined as 241 months) and the denominator of which is the total number of months of the Member's creditable military service in the Plan as of her date of retirement. The Alternate Payee shall not receive a pro rata share of any cost-of-living adjustments made to the Participant's benefits. 8. The monthly payments under Paragraph 7 shall commence to the Alternate Payee as soon as administratively feasible following the commencement of Participant's retirement benefits and shall continue during the joint lives of the parties, and, to the extent permitted under law, irrespective of the future marital status of either of them; the benefits shall terminate only upon the death of either the Participant or the Alternate Payee. 9. The Participant and Alternate Payee agree the Alternate Payee will not be named as a beneficiary under the Survivor Benefit Plan. 10. The Participant's rights under the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. §521) were observed by the Court as evidenced by his affirmative signature on the divorce decree and/or separation agreement. 11. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not be amended, superseded, or set aside by any subsequent order. This court has the authority to divide the Member's military retired pay under the USFSPA's C-4 jurisdictional requirement since the Member consents to the jurisdiction of this court. 12. The Participant and the Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. The parties were married on May 30, 1987, and separated in July 2007. 13. The Alternate Payee agrees that any future overpayments to him are recoverable and subject to involuntary collection from him or his estate. 14. The Alternate Payee agrees to notify WAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 15. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States Navy may require to certify that the disposable military retired pay can be provided to the Alternate Payee. 16. The Participant agrees not to merge the Participant's disposable military retired pay with any other pension and not to pursue any course of action that would defeat the Alternate DRO Page 3 Payee's right to receive a portion of the disposable military retired pay of the Participant. The Participant agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Participant has a vested interest and, therefore, the Participant will not cause a limitation of the Alternate Payee's monthly payments as set forth above. The Participant agrees to indemnify the Alternate Payee for any breach of this Paragraph 16 as follows: If the Participant becomes employed or otherwise has her military pension merged, which employment or other condition causes a merger of the Participant's disposable military retired pay, the Participant will pay to the Alternate Payee directly the monthly amount provided in Paragraph 7 under the same terms and conditions as if those payments were made pursuant to the terms of this Order. 17. If in any month, direct payment is not made to spouse by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Participant shall pay the amounts called- for above directly to Alternate Payee by the fifth day of each month in which the military pay center fails to do so, beginning on the date that Alternate Payee would have otherwise been entitled to commence his payments. This includes any amounts received by the Participant in lieu of disposable retired pay, including but not limited to, any amounts waived by Participant in order to receive Veterans Administration (i.e., disability) benefits or any amounts received by Participant as a result of an early-out provision, such as VSI or SSB benefits. 18. If the Participant takes any action that prevents, decreases, or limits the collection by the Alternate Payee of the sums to be paid hereunder, she shall make payments to the Alternate Payee directly in the amount sufficient to neutralize, as to the Alternate Payee, the effects of the actions taken by the Participant. 19. The Participant hereby waives any privacy or other rights as may be required for the Alternate Payee to obtain information relating to the Participant's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 20. The Participant shall be required to notify the Alternate Payee, in writing, within thirty (30) days prior to Participant's actual date of retirement. Such notice shall indicate her intentions to retire and elect benefit commencement date. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in his mailing address. 21. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS-CUGAG, Garnishment Operation, P.O. Box 998002, Cleveland, OH 44199-8002. The Participant agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. a. A certified copy of the Divorce Decree. b. A certified copy of this Domestic Relations Order. C. A copy of the Marriage Certificate of Mr. and Mrs. Allen. DRO Page 4 22. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein. EXECUTED this 13'?day of 1 , Zia S . CONSENT TO ORDER: Altern yee Date 4''& Atto ney for Alternate Payee Date BY THE COURT , (/, Judge % 9 Participant Date Og Participant Date