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HomeMy WebLinkAbout06-0923 ~ SAlOIS, FLOWER & UNDSAY AI IURNt"YSoJJ;lAW 26 West High Street Cadisle, PA LISA A. KNOOP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C~ tj)-3 t!v-J~.L~ IN DIVORCE v. DANIEL J. KNOOP, Defendant NOTICE TO DEFEND 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 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A 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 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 SAIDIS,(LOWER ~ AY .. / Carol J. Un say, Attorney Id. 44i6 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS, FLOWER & LINDSAY I\TIURNE\'S.AT.lAW 26 West High Street Carlisle,PA II LISA A. KNOOP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. OC. - 9.2:3 CiuJ 1..__ v. DANIEL J. KNOOP, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Lisa A. Knoop, an adult individual residing at 224 Skyline View, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Daniel J. Knoop, an adult individual residing at 224 Skyline View, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 7, 1995 in Buffalo, New York. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the nght to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. SAIDIS, FLOWER & LINDSAY AI IURNEYS'AT'lAW 26 West High Street Carlisle,PA WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with S3301 of the Pennsylvania Divorce Code. Respectfully submitted, Dated: J-jJ5(ti6 Carol J. Lind ay, Attorney Id. 1:\469 26 West Hig reet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY ATIORNEYS.A]"'lAW 26 West High Street Carlisle, PA VERIFICATION I venfy 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. S4904, relating to unsworn falsifications to authorities. ~ -('- 1 , ....l; . " ------. ""-l ~ ~ -c. ~ rV ~J '-- ~ --- ....(\ C"~ ,-.~ ~ <-" c:::> (;".;'"1 <::,--.. v n -<1 ,-n OJ O.'j .~ V ." ::;1 \'\~C, , :.-~ '---" (", ,. , ,. c.) G~' SAlOIS, FlOWER & LINDSAY AnDRNEYSoATolAW 26 West High Street Carlisle, PA LISA A. KNOOP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION - LAW NO. 06-923 DANIEL J. KNOOP, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Daniel J. Knoop, accept service of the Complaint in Divorce in the above- captioned matter. :.-~ -;<':2- () ft Date (- rEa t 8 2lJJ5 ,.") ( -, ~ ----\ r; ", ,..../ 1'.,":' c SAlOIS, FIDWER & UNDSAY Al..J1u...iyS.....:r.lAlV 26 West High Street Carlisle,PA LISA A. KNOOP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 06-923 DANIEL J. KNOOP, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under !l3301(c) of the Divorce Code was filed on February 16,2006. 2. The marriage of plaintiff and defendant is irretrievably broken and 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 Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, informalion and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date /.pIS! nth ~~~~~ PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERli 3301 leI OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without nolice. 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 1R/6/o(P ~~~ Lisa A. Knoop JU~ \) 9 - ,...., rcl 2.~) 0'" <-- ~7~ ",0..- I \.0 o -10 -l :L-rl n'\p -0\>-' :<JC) '),Ih ;': r:~ ;r:- ef) ;.;: .' .~ r'"\ .:...J ' ~ ~ SAIDIS, FLOWER &. LINDSAY A.l..~T.lAW 26 West High Street Carlisle,PA LISA A. KNOOP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-923 v. DANIEL J. KNOOP, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on February 16, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and 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 Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifi Date: (r~ 1- Ot, DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER& 3301 lei OF THE DIVORCE CODE 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 Ihat a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify Ihat the statements made in .this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswor Date: (o-~I-o{p JUNS6m1 f? .,- ;~) ~q -j -r- ri~ , ' ,...... C" ;'j ;y; ('-,:.' I~!:) t . ........ SAIDIS, FlOWER & LINDSAY ~AT.IAW 26 West High Street Carlisle, PA II LISA A. KNOOP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-923 IN DIVORCE PRAECIPE TO TRANSMIT RECORD v. DANIEL J. KNOOP, Defendant To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on February 22, 2006. An Acceptance of Service was filed with the Court on February 28,2006. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was executed: By Plaintiff: June 5, 2006 and filed with Prothonotary on June 9, 2006. By Defendant: June 21, 2006 and filed with Prothonotary on June 28, 2006. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated May 7,2006 are incorporated, but not merged, into the Decree in Divorce. 5. executed: Date Waiver of Notice under Section 3301 (c) of the Divorce Code was By Plaintiff: June 5, 2006 and filed with Prothonotary on June 9, 2006. By Defendant: June 21, 2006 and filed with Prothonotary on June 28, 2006. SAlDIS~ FlOWER & LINDSAY ~AT.IAW 26 West High Street Carlisle, PA /I CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Daniel J. Knoop 224 Skyline View Carlisle, PA 17013 Dated: July ~ ,2006 r----:' '":J i :~"l .1 ~ 0"1 ,",C.~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . . . . . . . . . . AND NOW, DECREE IN DIVORCE !0L'< \\ l.tI~~ IT is ORDERED AND LISA A. KNOOP PLAINTIFF, DECREED THAT . . . . . . . . . . AND DANTFT T KNOOP DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAI MS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated May 7, 2006 are . . . . . . incorporated, but not merged, into this Decree in Divorce. . . . . . . . . . . . . . . . OTHONOTARY '. . . . . . . . . . . . . . . . J. . . _ #P z ~ ~tf. 'It/- el-t. ~ p~ ~ ~'-P9 W"t'/.L , ~ - 4. SAIDIS, FlOWER. & UNDSAY ......_I""'-l.lA\V 26 West High Street Carlisle,PA II 'j JUl! 9 2DOr L1SAA. KNOOP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-923 v. DANIEL J. KNOOP, Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order pursuant to 23 Pa. C.SA ~3301, et seq.; and WHEREAS, Petitioner, Respondent and the Court intend that this Order be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"); and WHEREAS, Petitioner and Respondent have stipulated that the Court enter this Order. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) Participant shall mean Lisa A. Knoop whose current address is 4815 East Trindle Road, Unit 1, Mechanicsburg, PA 17050 who was born on October 28,1970 whose Social Security Number is 051-56-7019 (b) Alternate Payee shall mean Daniel J. Knoop whose current address is 716 Ivey Road, Apt. E Graham, NC 27253 who was born on March 17, 1969 whose Social Security Number is 128-60-4250 (c) Plan shall mean Ahold, USA, Inc. 401(k) Savings Plan for Salaried Associates (d) Plan Administrator shall mean Ahold USA, Inc. (e) Valuation Date shall mean May 1, 2006. .~ ",. 2. The Alternate Payee is the Former Spouse. 3. Participant and Alternate Payee were married on October 7, 1995 and were legally separated on February 16. 2006. 4. The Alternate Payee's interest in the Plan shall be $12,000.00 as of the Valuation Date. 5. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payee's account on the date the distribution is processed. 6. All beneficiary designations will be made after qualification of the Order and segregation of a. separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 7. The Alternate Payee's award IS entitled to earnings (dividends, interest, gains and losses) from the Valuation Date to the date that the award is segregated from the Participant's accounts. 8. In the event that there is an outstanding loan balance as of the Valuation Date, the loan balance WILL NOT be included for purposes of calculating the account balance to be divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant's account on the date that the award is segregated from the Participant's account. 9. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent, Fidelity Investments Institutional Operations Company, Inc., forthwith. This Order shall remain in effect until further order of this Court. 10. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator: (a) to provide to the Alternate Payee any type or form of benefit or option not otherwise available to the Participant under the Plan; (b) to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or SAIDIS, FLOWER & lJNDSAY ......__.~.IAW (c) to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QDRO, before this Order is determined to be a QDRO. 26 West High Street Carlisle,PA 11. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Altemate Payee any benefits that are not .< ..~" SAIDIS, FLOWER. & IJNDSAY ..........-.--.....- 26 West High Street Carlisle.PA -l assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 12. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining and enforcing this Dornestic Relations Order. Dated: 1 ~ Ola cgI~,,"t 4815 EastTrindle Road, Unit 1 Mechanicsburg, PA 17050 By the Court: IJUL 10 - l1. .(:)~ i-t V' ~ . ~t ~ . '" I;' .'\ ::,1'T,() sz :\1 i"i 02 r ,"7 :1. )'.it.l(..