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HomeMy WebLinkAbout06-2489McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile phelvv(.?mwn.com Attorneys for Plaintiff DEBORAH M. KLINEYOUNG, Plaintiff V. RUSSELL C. KLINEYOUNG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ot- -d-VV I iu I ? 2Yr? 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 Courthouse, One 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC By. 53148 100 Pyle e P.O.t 166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Deborah M. Klineyoung Dated: May r:? 2006 McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile phelvy(a)mwn.com Attorneys for Plaintiff DEBORAH M. KLINEYOUNG, Plaintiff V. RUSSELL C. KLINEYOUNG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OL -dVOP C:rvc IN DIVORCE COMPLAINT IN DIVORCE UNDER 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Deborah M. Klineyoung, who currently resides at 53 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Russell C. Klineyoung, who currently resides at 405 Spring House Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff has been 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 November 20, 1988 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff avers that there are three (3) minor children of this marriage, namely Cooper David Klineyoung, date of birth: June 5, 1991; Ellery Kate Klineyoung, date of birth: July 7, 1994; and McKenna Grace Klineyoung, date of birth: August 24, 1999. 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 I through 10 of this Complaint. 12, Plaintiff and Defendant possess various items of 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 B Attorneys for Plaintiff, Deborah M. Klineyoung Dated: May 2006 Harrisburg, PA 17108-1166 (717) 232-8000 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. Dated: 5/*)(' y? _7 h w i l ?. r- r. McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile phelyy(a-mwn.com Attorneys for Plaintiff DEBORAH M. KLINEYOUNG, Plaintiff v. RUSSELL C. KLINEYOUNG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2489 IN DIVORCE PROOF OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce in the above matter was served on the Defendant, Russell C. Klineyoung, by certified mail, return receipt requested on May 9, 2006. See Exhibit "A" attached. The Complaint in Divorce was received and signed for by the Defendant on May 11, 2006. The original of the return receipt is attached hereto as Exhibit "B". McNEES WALLACE & NURICK LLC By J. Pa l Helvy I.D. 0.53148 1 Pine Stre O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) Dated: May 18, 2006 7?i0 ?1 'lMIM 4+NM5 hM?9 TO: Russell C. Klineyoung 405 Spring House Road Camp Hill, PA 17011 SENDER: 283 REFERENCE: Klineyoung v. Klineyoung RETURN Postage .0 RECEIPT Certified Fee q140 SERVICE Return Receipt Fee (Z Restricted Delivery Total Postage & F Y419 1 US Postal Service R Receipt for Certified Mail ASPS W"w No Insurance Coverage Provided Do Not Use for International Mail EXHIBIT A I • 2 Arta. Number c. 'T1 s M %1 "115 Wa1 X &POrVice lype, CERTIFlED MAIL *testrlcted Delivery? (Exf Fee) 'Dyes I -Article Addressed to: Russell C. Klineyoung AD5 Spring House Road Camp Hill, PA 17011 L Agent ? Aftesum "Very w&4 d t from sm I? T EJ Yes If YES, enter eft. be ow: No Klineyoung v. Klineyoung 283 ra rvrm'M 11, ru 7 Domestic Retum Receipt EXHIBIT B `1 ~ • _l T it En ^? co r McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile Qhelvy .mwn.com Attorneys for Plaintiff DEBORAH M. KLINEYOUNG, Plaintiff V. RUSSELL C. KLINEYOUNG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2489 IN DIVORCE PROOF OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce in the above matter was served on the Defendant, Russell C. Klineyoung, by certified mail, return receipt requested on May 9, 2006. See Exhibit "A" attached. The Complaint in Divorce was received and signed for by the Defendant on May 11, 2006. The original of the return receipt is attached hereto as Exhibit "B". McNEES WALLACE & NURICK LLC By JPa f Helvy XbD. . o. 53148 ine Str Box 116 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) Dated: May 18, 2006 f' AID ?HA m 91" "%S W09 TO: Russell C. Klineyoung 405 Spring House Road Camp Hill, PA 17011 SENDER: 283 REFERENCE: Klineyoung v. Klineyoung RETUI 'a RECEIPT CW#W FSO 240 SEFMCE ReWm Receipt Fee ROUmw a Taw Pea w a us Po" awvbe Recelpt for .?b Certified Mail GSps $ONI? No kwx&nm Cavemp Ror Do W uw for kowne W Md EXHIBIT A r s ? t i 7AG Oil l l1 d.WvIce 7W w, COM ED MAIL `4- OWN I D.tiwlyr MW& Fir) le Addrosaed to: sell C. Klineyoung _ 5 Spring House Road Camp Hill, PA 17011 `) Arm fi- air rlom It 0 *6 trvts,.rn.F, .adrws p No r. I i?G1GiGIlLiS+ USIVIIIIaLIVII Klineyoung v. Klineyoung 283 PS Form X11, 01 DanMrtic PAWM FA60 EXHIBIT R CIO DEBORAH M. KLINEYOUNG, Plaintiff V. RUSSELL C. KLINEYOUNG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 06-2489 IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 3, 2006. 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. 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: / '3110V Deborah M. Klineyoung -1-7 DEBORAH M. KLINEYOUNG, Plaintiff V. RUSSELL C. KLINEYOUNG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 06-2489 : IN DIVORCE 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. -,Vol 11 Deborah M. Klineyoung Date: /'31107 () C C=J O -r? -CIO DO a DEBORAH M. KLINEYOUNG, Plaintiff V. RUSSELL C. KLINEYOUNG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2489 IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 3, 2006. 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. 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: (I 3 110? r-.,3 DEBORAH M. KLINEYOUNG, Plaintiff V. RUSSELL C. KLINEYOUNG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2489 : IN DIVORCE 1. 1 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 unsworn falsification to authorities. G Russell C. K ineyo g Date: I 31' ?? - ?i ' ? C-0) or • McNEES WALLACE & NURICK LLC BY: J. Paul Helvy Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile Attorneys for Plaintiff phelw _mwn.com DEBORAH M. KLINEYOUNG, Plaintiff V. RUSSELL C. KLINEYOUNG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2489 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: via certified mail, return receipt requested, on May 9, 2006; received and signed for by Defendant on May 11, 2006; Proof of Service filed on May 19, 2006. r 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: January 31, 2007; by Defendant: January 31, 2007. Both Affidavits are being filed simultaneously with this Praecipe. 4. Related claims pending: N/A 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: being filed simultaneously with this Praecipe. Date Defendant's Waiver of Notice was filed with the Prothonotary: being filed simultaneously with this Praecipe. MCNEES WALLACE & NURICK LLC By CJ ` PW ?AW J. Paul Helvy I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Deborah M. Klineyoung Date: February 1, 2007 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Transmit was served by first-class mail upon the following: Robert B. Lieberman, Esquire 500 N. Third Street, 12"' Floor P.O. Box 1004 Harrisburg, PA 17108-1004 anne M. Bamhart Dated: February 1, 2007 ?:p ? ? _: , ' .z,? t "2t 1..3 -'':x ?. .? , ?<< -p {..3 "?" -??? ?:- .?,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DEBORAH M. KLINEYOUNG Plaintiff N 0. 06-2489 VERSUS RUSSELL C. KLINEYOUNG Defendant DECREE IN DIVORCE AND NOW,, IT IS ORDERED AND DECREED THAT Deborah M. KlineyounQ PLAINTIFF, AND Russell C. Klineyoung DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; Q(gvQ- BY TFkt COURT: ATTEST: J PROTHONOTARY ovrov ' s McNEES WALLACE & NURICK LLC It .t tel. amay Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile Attorneys for Plaintiff ehelw(Qmwn.com DEBORAH M. KLINEYOUNG, Plaintiff V. RUSSELL C. KLINEYOUNG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2489 : IN DIVORCE STIPULATION The parties in the above-referenced action hereby stipulate and agree that the Order attached hereto encompasses their intent and that it may be adopted as a Court Order. Deborah Metzler Klii Dated: q-6-0_7 _N ussell . Klineyoun Dated: r c IM. l cn g;q SEH 13 20of DEBORAH M. KLINEYOUNG, Plaintiff V. RUSSELL C. KLINEYOUNG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2489 : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this j_!j- day of 007, pursuant to the Agreement and Stipulation of the parties, the following is hereby ORDERED and specified: 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 contribution plan which is qualified under the Internal Revenue Code (the "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, birth date, and social security number of the plan "Participant" are: Name: Deborah Metzler Klineyoung ("Participant") Address: 53 Devonshire Square, Mechanicsburg, PA 17050 Date of Birth: March 17, 1965 Social Security Number: 171-62-6523 3. Alternate Payee Information. The name, last known address, birth date, and social security number of the "Alternate Payee" are: Name: Russell C. Klineyoung ("Alternate Payee") Address: 405 Spring house Road, Camp Hill, PA 17011 Birth Date: March 30, 1965 Social Security Number: 211-60-0689 ds The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in his/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 Carlisle Carrier Corporation Profit Sharing Plan (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan 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 and/or spousal support to the Alternate Payee as a result of the Divorce Decree between Participant and Alternate Payee. 7. Amount of Alternate Payee's Benefit. This Order assigns to the Alternate Payee an amount of $60,000 of the Participant's Total Account Balance accumulated under the Plan as of January 30, 2007. Such amount will be withdrawn from the Participant's investment accounts (other than any loan account of the Participant's) pro rata. Further, such Total Account Balance shall include all amounts maintained under all of the various accounts and/or sub accounts established on behalf of the Participant. Such Total Account Balance shall be determined without regard to any account reduction cause by Participant's prior loan(s), if any, from the Plan. If a Participant is not fully vested in any portion of his/her Total Account Balance the Alternate Payee shall be awarded the same vesting percentage as the Participant as of the date noted in the preceding paragraph. Further, the Alternate Payee's vesting percentage shall be adjusted as the Participant's vesting percentage changes so that the Alternate Payee's vesting percentage will always be equal to the Participant's vesting percentage at any future date. A Lump Sum payout of the Alternate Payee's entire vested balance will be deemed a "Cash-Out Distribution" and any unvested portion will be forfeited at that time. The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in Account(s) established on his/her behalf and shall additionally be credited with any interest and investment income (or losses) attributable thereon from the Plan's valuation date immediately -2- rt preceding January 30, 2007, until the date of total distribution to the Alternate Payee. 8. Commencement Date and Form of Payment to Alternate Payee. If the Alternate Payee so elects, he/she shall be paid his/her benefits as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator and the order is final, or at the earliest date permitted under the terms of the Plan, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participant under the terms of the Plan, including, but not limited to, a lump-sum distribution. 9. Alternate Payee's Rights and Privileges. On and after the date that this Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives his/her total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan participants and beneficiaries, including, but not limited to, the rules regarding in- service withdrawals and distributions, the right to designate a beneficiary for death benefit purposes, and the right to direct Plan investments, all to the extent permitted under the provisions of the Plan. 10. Death of Alternate Payee. In the event of the Alternate Payee's death prior to his/her receiving the full amount of benefits called for under this Order and under the benefit option chosen by the Alternate Payee, such Alternate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator, shall receive the remainder of any unpaid benefits under the terms of this Order, and in accordance with the benefit option selected by the Alternate Payee. 11. Death of Participant. In the event that the Participant dies prior to the establishment of separate account(s) in the name of the Alternate Payee, such Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits payable under the Plan to the extent of the full amount of his/her benefits as called for under Paragraph 7 of this Order. Should the Participant predecease the Alternate Payee after the new account(s) have been established on her behalf, such Participant's death shall in no way affect the Alternate Payee's right to the portion of his/her benefits as stipulated herein. 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 require the Plan to provide increased benefits determined on the basis of actuarial value; or -3- r (c) tq 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. 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 such parties to make the necessary calculation of the benefit amounts contained herein. 14. Continued Qualified Status of Order. It is the intention of the parties that this QDRO 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. 15. Tax Treatment of Distributions Made Under This Order. For purposes of Sections 402(a) 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. 16. Constructive Receipt. In the event that the Plan Trustee inadvertently pays to the Participant any benefits which are assigned to the Alternate Payee pursuant to the terms of the Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he/she has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. 17. Continued Jurisdiction. The Court of Common Pleas of Cumberland County 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. -4- 18. Plan Termination. In the event of a Plan termination, the Alternate Payee shall be entitled to receive his/her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for pa7an ts and beneficiaries. J. -5- v ac <C I- z cl- L cn J ? C 3 C Ai U