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HomeMy WebLinkAbout10-1110Q/ F1 LED-4,Dil::1?1'0E NE PR MCNEES WALLACE & NURICK LLC Debra Denison Cantor I . D. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 717) 260-1667 facsimile dcantor(aD-mwn.com Attorneys for Plaintiff 2010 FEB 16 P14 1: Q 1 CC?J:L LEI i l GREG H. FENNELL, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. to -1 110 0vi l Term JANET FENNELL, Defendant CIVIL ACTION - LAW IN DIVOP- E 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 Courthouse, Carlisle, PA. 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. $ 3Sa. oo Pb ATTY ce 18'P S(O e;t* '? 37 to 19 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 McNEES WALLACE & NURICK LLC By Debra D. Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor(a-)-mwn.com Dated: <? I I l (7 S GREG H. FENNELL, IN THE COURT OF COMMON Plaintiff PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. ?a _ llI o ??,? f?!M JANET FENNELL, : CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT IN DIVORCE And now comes Plaintiff, Greg H. Fennell, by and through his counsel, McNees Wallace & Nurick LLC, and files the following Complaint in this matter. COUNTI Divorce Under 3301(c) 1. Plaintiff is Greg H. Fennell, who currently resides at 2303 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). 2. Defendant is Janet Fennell who currently resides at 725 Range End Road, Dillsburg, York County, Pennsylvania (hereinafter referred to as "Wife"). 3. Both parties have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on July 18, 1998 in Marshalls Creek, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Solders' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling that Plaintiff may have the right to request the court to require the parties participate in counseling. Plaintiff waives is right to do so. 9. Plaintiff requests this court to enter a decree of divorce upon the expiration of the 90 day waiting period and the submission of affidavits and waivers by the parties. McNEES WALLACE & NURICK LLC By D ra . an or I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor(a mwn.com Dated: February 12, 2010 Attorneys for Plaintiff, Greg H. Fennell VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Greg H. F nnell Dated: C)/, IjD ~l~~c . , f r'. t 2010 JELL 14 Ps°~ 3~ ~3 Ct.1„~~~._ : . ~ , ~~'~.71~Y GREG H. FENNELL, . ~f~'~''~IE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. JANET FENNELL, Defendant NO. 10-1110 CIVIL CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 16, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the date of 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. Section 4904 relating to unsworn falsification to authorities. Greg Fennell Date: .~ U~*{ ~ , 2010 l FfI...ED- ~ ~ mac: ~. )~ ~"}r ;r.r 2Q10 Ji!! t 4 ~1~ 3~ 1~ t ~1.5''',e~'~'l. ~`... `~tj l~ GREG H. FENNELL, I~' COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. JANET FENNELL, Defendant NO. 10-1110 CIVIL CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~/ Greg . Fe+~etl -- Date: ~ v l~ ~ , 2010 ~o s~~ - i aM ~o: z7 a~s~~ii~~c~~ COU~mr GREG H. FENNELL, ~~~~~~ Plaintiff v. JANET FENNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1110 CIVIL CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301 (c) OF THE DIVORCE CODE 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~, Jane ennell, Defendant Date: • ~ ~ , 2010 GREG H. FENNELL v. JANET FENNELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-1110 DIVORCE DECREE AND NOW, ~l.,r'"«.,Grr aP' , a+ i o , it is ordered and decreed that GREG H. FENNELL ,plaintiff, and JANET FENNELL ,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, a~ ~o ~ [a q~ !o ~Ia Cam- c~~- mated -to r~.~.{,~ U C9~°~ iUL 1,' FED 23 P?? 2: ??3 ?Ot1 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 GREG H. FENNELL, Plaintiff V. JANET FENNELL, Defendant NO. 10-1110 CIVIL ACTION - LAW IN DIVORCE MOTION FOR ENTRY OF ORDER UPON STIPULATION AND NOW, comes Defendant, Janet Fennell, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order upon Stipulation for the entry of a "Qualified Domestic Relations Order". The Honorable Kevin A. Hess signed the Decree in Divorce in this matter. The undersigned represents that Plaintiff's counsel concurs with the entry of this Order by the terms of the parties' signed Stipulation attached hereto. _ Date:CV,q2/1 I Resp ubmitted, JO ON, E, WART & WEIDNER Melissa Peel Greevy Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE AND NOW, this ?-;"'day of 011, the undersigned does hereby certify that she did this date serve a copy of the foregoing ion for Entry of Order upon Stipulation upon the other counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Debra D. Cantor, Esquire McNees, Wallace and Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 JOHN ",FFIE, STEWART & WEIDNER 4/1 9?? ?YL r114 b :::?D eli a - eel Greevy :428318 GREG H. FENNELL, Plaintiff, v. JANET FENNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1110 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER 1. The Plan This Order is directed to the Highmark Investment Plan ("Plan"), an Employee Benefit Plan qualified under Section 414 (p) of the Internal Revenue Code of 1986, as amended in Section 206 (d) (3) of the Employee Retirement Income Security Act of 1974, as amended. 2. Participant and Alternate Payee A. The name and address of the Participant are as follows: 1. Greg H. Fennell 2303 Mill Road Mechanicsburg, PA 17055 2. The Participant is employed by Highmark, Inc. and is a Participant in the Plan. B. The name and address of the Alternate Payee are as follows: 1. Janet Fennell 522 Lexington Avenue Mechanicsburg, PA 17055 3. Plan Sponsor: Highmark, Inc. 1 Plan Administrator: Mr. Rich Little Highmark, Inc. 1800 Center Street P.O. Box 890089 Camp Hill, PA 17089 4. Award to the Alternate Payee: The Alternate Payee will obtain Nine Thousand Eight Hundred Twenty Seven ($9,827) dollars of Participant's vested account balance under the Plan determined as of July 7, 2009. 5. The determined amount will either be increased or decreased to reflect its share of any investment earnings or losses credited to the Participant's account between the date of determination and the date of assignment of the calculated award to a separate account in the Alternate Payee's name under the Plan. 6. Any outstanding loan balances will be considered as part of the Participant's vested account balance for purposes of determining the amount to be assigned to the Alternate Payee. Outstanding loan balances will be considered part of Participant's vested balance. Participant shall retain the responsibility for payment of any such outstanding loan balances. 7. The calculated award determined above shall be transferred to a separate account under the Plan in the name of the Alternate Payee as soon as administratively feasible. The income, accruals, gains, and losses experienced by such an account maintained for the Alternate Payee are to accrue to such account. The Alternate Payee shall have investment management rights pursuant to the provisions of the Plan for her account under the Plan. The Alternate Payee may elect to receive distribution from her separate account in accordance with the terms of the Plan without reference to the Participant's attainment of "earliest retirement age", as defined in Section 414 (p) (4) (B) of the Internal Revenue Code of 1986, as amended. If the assigned amount is $1,000.00 or less, Wells Fargo & Co. will forward a distribution form to the Alternate Payee as soon as administratively feasible after the assignment of the calculated award to a separate account in the Alternate Payee's name under the Plan. If the assigned amount exceeds $1,000.00, it shall remain in a separate account in the Alternate Payee's name under the Plan until such time as the Alternate Payee elects a distribution in accordance with the terms of the Plan. In addition, the Alternate Payee may 2 name a beneficiary or beneficiaries to receive any amount payable from her account under the Plan as the result of her death. 8. After assignment of the calculated award to the Alternate Payee's account under the Plan, Participant shall be awarded all right, title and interest in and to the Participant's account balance, as reduced above, under the Plan, free and clear of any interest of the Alternate Payee. 9. In the event of the Participant's death, there will be no effect on the payment of the benefit assigned to the Alternate Payee hereunder. With respect to the Participant's account balance under the Plan not assigned to the Alternate Payee under this Order, the Alternate Payee will not be entitled to any survivor benefits. 10. In the event of the Alternate Payee's death before the receipt of the assigned benefit, such benefit shall be payable to the designated beneficiary of the Alternate Payee or, if there is no designated beneficiary, to the Alternate Payee's (a) spouse, or if none, (b) living children or, if none, (c) living parents or, if none, (d) living brothers and sisters or, if none, (e) estate; provided, however, that once benefits have commenced to the Alternate Payee, the form of benefit elected shall determine if any additional amounts shall be paid upon the Alternate Payee's death. 11. Compliance with Provisions of the Law: It is this Court's intention that the provisions of the Order operate as an effective assignment of said interest under both state and Federal law, for all purposes, and constitutes a "Qualified Domestic Relations Order", in compliance with Section 414 (p) of the Internal Revenue Code of 1986, as amended, and Section 206 (d) (3) of the Employee Retirement Income Security Act of 1974, as amended. This QDRO is granted in accordance with 23 Pa. C.S. §3502, which relates to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. In the event that it is subsequently determined by the Plan Administrator for the Plan, by a court of competent jurisdiction, or otherwise, that the provisions of this Order fail to meet the requirements of a "Qualified Domestic Relations Order", both parties shall cooperate fully and shall execute any and all documents necessary to obtain an Amended Judgment and Decree containing an Order of this Court, meeting all requirements of a "Qualified Domestic Relations Order", and this Court expressly reserves jurisdiction over the Participant's benefits in the above-named Plan as of the 3 date of the entry of the Judgment and Decree, in order to effectuate the assignment of benefits ordered above. This Order supersedes all previously filed Orders in this matter relating to this subject. 12. Savings Clause: This Order is not intended, and shall not be construed in such a manner as, to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to increased benefits, other than through the accumulation of earnings, (c) to require the payment of any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another order which was previously deemed to be a QDRO. 13. Plan Administration/Recovery of Excess Amounts: A. The Alternate Payee is ordered to report any retirement payments received on any applicable income tax return. The Plan Trustee is authorized to issue a form 1099-R on any direct payments made to the Alternate Payee. B. The Alternate Payee shall keep Highmark, Inc. informed of their current address. Notice of change of address shall be made in writing, witnessed by a Notary, and mailed to: Wells Fargo & Co. Attn: QDRO Administrator 901 Marquette Avenue, Suite 500 Minneapolis, MN 55402 C. In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he or she has received such benefit payment and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. D. The Participant and the Alternate Payee shall hold the Plan, Highmark, Inc., and any fiduciary harmless from any liabilities, which arise from this Domestic Relations Order, including all reasonable attorney's fees which may be incurred in connection with any claims which are asserted because the Plan honors this Order. 4 CONSENTED TO: JA T FENNELL Date i% A GAY f C) GRE H. FENNELL ate { ' /Z-// WIT1 ESS at WITNE Date 4 day of fhru J. Distribution: Debra Denison Cantor, Esquire, P.O. Box 1166 Harrisburg, Pennsylvania 17108-1166 V Melissa P. Greevy, Esquire, P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 Cop ? e-s ma.1 /ed pllvt 2011. C=- Fri AS ST STj r a- co u 5 SO ORDERED this