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HomeMy WebLinkAbout10-2309--1 BRIAN S. GERMAN, Plaintiff V. SUSAN B. GEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- .2-30,9 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE n ?„ a NOTICE TO DEFEND AND CLAIM RIGHTS - You have been sued in court. If you wish to defend against the clamet forth in the following pages, you must take prompt action. You are warned that Xyou fail to , do so, the case may proceed without you and a decree of divorce or annuN snt rQy be Y entered against you by the court. A judgment may also be entered against?'6ou foa any, R other claim or relief requested in these papers by the Plaintiff. You may loswmoaey ors; property or other rights important to you, including custody or visitation of your ch I'dren'. 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OF45ER-- LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FIR. M-n 'rA A Cumberland County Bar Association 32 South Bedford Street [? Carlisle, Pennsylvania 17013 ?t(717) 249-3166 93sa. ov r '(any 39. 5-0 1 c k. Cad--4 39 r.s- o A--t- 1yaaJI - V BRIAN S. GEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010- CIVIL TERM SUSAN B. GEHMAN, CIVIL ACTION-LAW Defendant IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Brian S. Gehman, an adult individual who currently resides at 38 W. Willow St., Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Susan B. Gehman, an adult individual who currently resides at 38 W. Willow St., Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in 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 August 9, 1986 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 8. Plaintiff hereby incorporates by reference paragraphs 1 through 7 above. 9. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Courtto entera decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER r. Date: January 4, 2010 icha I A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/gehman/complaint.pid r VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: Brian S. Gehman BRI.~N S. GEHMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PF,NNSYLVANIA ~ . : NO.: 2309, 2010 SUSAN B. GEHMAN, :CIVIL ACTION -LAW Defendant : IN DIVORCF. NOTICE TO RESUME PRIOR SURNAME Notice is hereby ~~iven that the Defendant in the above matter, having been , granted a Final Deuce in Divorce on the 26`x' day of Se tembe:r. 20V? _ hereh~~ elc~as to resume the prior surname of SUSAN HELEN BOBB -: ~ - w ,.,3 `-; --~ --- i o c~ o ~ _~'` and ~~i~~es this ~~~-°itte-~ notice pursuant to the p rovisions of 54 P.S. 704. ~ ~ _ ~ 2 ~ ~ --~ Signature ~ r : ~ ~, ~ ~_, y,, c_~ ' t.~ ~, -, ... .ni ~~~ ~, 1 W .5,'. G~ ~' .. ~~ Signature of name being resu med ('OiVIMONWEA[.'TI{ OF PENNSYI_.VANIA . SS COI,iT~"I~Y OF CUMBERLAND , • ,, -~Gd~ On the __'-~'~`~''---- day of _ ~C © e r~ --~ ~~-~--~-_. hef~,re me a Notar~~ Public. personally appeared the above affiant known to me to be the person ~,vhose name is subscribed to the ~~ithin document and acknowledged that heishe executed the loregoing for the purpose therein contained. In \~'itncss Whereof, I have hereunto set my hand and official seal. NOtMIAL 5E111 JAMIE IYNNE 8WOPE NOt~ry PubNc OAl1ABTOYMN BORO., YORK COUNTY Mlt ConmM~Non Expire May t4, 2016 %) --->`" r Not y Public ~ ~ 2. ~ © ~ ~-J P ~;~ /SO'7.6 v BRIAN S. GEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYUVAUA R Cm c V. NO. 2010-2309 CIVIL 1MM c SUSAN B. GEHMAN, CIVIL ACTION-LAW max' '► CD Defendant IN DIVORCE r QUALIFIED DOMESTIC RELATIONS ORDER r.w This order is issued pursuant to the domestic relations laws of this Commonwealth and is intended to be a Qualified Domestic Relations Order as defined in Internal Revenue Code section 414(p). 1. Participant. The name, address and Social Security Account Number of the Participant are: See "Exhibit A" which will be attached to this order after processing at the courthouse for privacy reasons. 2. Alternate Payee. The name, address and Social Security Account Number of the Alternate Payee are: See "Exhibit A" which will.be attached to this order after processing at the courthouse for privacy reasons. 3. Plan. This Order assigns to the Alternate Payee an interest in the Participant's account under the Andersen 401(k) Plan, sponsored by the Andersen Corporation, Bayport, Minnesota, and referred to as the ".Plan." 4. Assignment. The Alternate Payee is assigned Twenty-Three Thousand (23,000.00) Dollars of the Participant's account balance under the Plan, determined as of the Division Date. 5. Loan Account. If the Participant has a loan outstanding from the account, the portion of the Alternate Payee's account shall be unaffected by the loan balance. 6. Vesting. If the Participant's account is not fully vested, the portion of the account assigned to the Alternate Payee will be unaffected. . 7. Investments. The portion assigned to the Alternate Payee will be funded proportionately from the assets that comprise the Participant's account balance (other than a loan to the Participant or any delf-directed brokerage account) and will be adjusted in accordance with the terms of the Plan to reflect earnings, gains and losses from the Division Date until the date of distribution to the Alternate Payee. The Plan Administrator may use any reasonable method to allocate investment results for periods prior to the date a separate account is established for the Alternate Payee. If any portion of the Participant's account is invested in a self-directed brokerage account and the balance of the account is insufficient to fully satisfy the allocation to the Alternate Payee, the Participant shall immediately direct the transfer of sufficient assets from the self- directed brokerage account to another investment fund to permit the assignment to be completed. 8. Distribution. Distribution to the Alternate Payee shall, subject to Plan rules relating to distribution of small amounts, be made at such time and in such manner as the Alternate Payee elects in accordance with the provisions of the Plan following the Plan administrator's determination that this order constitutes a qualified domestic relations order within the meaning of Internal Revenue Code section 414(p). Distribution shall be made not later than the date the Participant attains the normal retirement age under the Plan or, if later, terminates employment covered by the Plan. 9. Survivor Benefits.If the Participant dies prior to complete distribution of the Alternate Payee's interest in the Plan, the Alternate Payee shall be treated as the Participant's surviving spouse to the extent required to entitle the Alternate Payee to distribution of the portion of the account balance assigned under the paragraph headed "Assignment." 10. Death of Alternate Payee. If the Alternate Payee dies prior to distribution of the Alternate Payee's interest in the Plan, the undistributed portion of the interest will be in equal shares to those of the Participant's children whose names and addresses are listed below and who are then living. Anthony Gehman 38 W. Willow Street, Carlisle, Pennsylvania 17013 Elizabeth Gehman 613 N. East Street, Carlisle, Pennsylvania 17013 Victoria Gehman 613 N. East Street, Carlisle, Pennsylvania 17013 11. Division Date. For purposes of this Order, "Division Date" means the last valuation date under the Plan that proceeds or coincides with the date of this Order. 12. Reservation of jurisdiction. This Court reserves jurisdiction over this matter to the extent required to conform this Order to the requirements of Internal Revenue Code section 414(p) and to correct any errors. { rti THIS ORDER is entered this �` day of ���y , 2013. By the Court, M.L.Ebert, Jr.,J Counsel for the parties hereby stipulate to the entry of the foregoing Qualified Domestic Relations Order. Participant Attorney Name and Address: Alternate Payee Attorney Name and Address: Mich I A. Scherer, Esquire M '. rb, Esquire Baric Scherer, LLC D eat hlfs-Pykosh Law Group, LLC 19 West South Street 2132 Market Street Carlisle, Pennsylvania 17013 Camp Hill, Pennsylvania 17011 Date: -7 Date: Participant Signature Alternate Payee Signature A4-4ftl a"", 0., &W Brian S. Gehman Susan Bobb Date: VIv GT "-V/3 Date: 44y