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Home My WebLink About06-4479Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street Attorneys for Plaintiff P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com SHIRLEY M. KIEHL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 • W79 CIVIL TERM V. PHILLIP M. KIEHL, Defendant 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 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, 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 OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 CIVIL ACTION - LAW Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com SHIRLEY M. KIEHL, Plaintiff V. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM PHILLIP M. KIEHL, Defendant AVISO CIVIL ACTION - LAW IN DIVORCE LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mSs adelante en las siguientes p6ginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de qua si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mis aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pare usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Mark c. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com SHIRLEY M. KIEHL, Plaintiff V. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - w 1174 CIVIL TERM CIVIL ACTION - LAW PHILLIP M. KIEHL, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 33011d1 OF THE DIVORCE CODE AND NOW, comes the Plaintiff, SHIRLEY M. KIEHL, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, PHILLIP M. KIEHL: 1. The Plaintiff is SHIRLEY M. KIEHL an adult individual, residing at 1280 Hunters Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiffs Social Security Number is 192-58-3745. 2. The Defendant is PHILLIP M. KIEHL, an adult individual, residing at 27 N. Old Stonehouse Road, Carlisle, PA 17013. Defendant's Social Security Number is 175-58-5956. 3. The Plaintiff and Defendant were married on October 23, 1993, in Carlisle, Cumberland County, Pennsylvania. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The parties separated on or about December 30, 2005. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce. JOHNSON, DUFFIE, STEWART & WEIDNER _ By: 2 , Z-4 Y1Z Mark uffie :275946 VERIFICATION I, SHIRLEY M. KIEHL, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unswom falsification to authorities. Date: ( 2 i 1llXlr l aJ • 11'L' U SHIRL M. KI L `? ?,.,. 4 `? ?`? c 't?; c? x s ?? ?' ,??? -„ y. 7 N .... «G ..? Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com SHIRLEY M. KIEHL, Plaintiff V. PHILLIP M. KIEHL, Defendant AFFIDAVIT CIVIL ACTION - LAW IN DIVORCE SHIRLEY M. KIEHL, being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised; I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. §4904, relating to unsworn falsification to authorities. Date: lA -Lz-wLa r)(- SHIR EY M. KI HL :275946 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM n e FV "{ to +r t?' Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com SHIRLEY M. KIEHL, Plaintiff V. PHILLIP M. KIEHL, Defendant ACCEPTANCE OF SERVICE NO. 06-4479 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE I, PHILLIP M. KIEHL, hereby accept service of the Divorce Complaint. I certify that I received a true and correct copy of the Divorce Complaint. I certify that I am the Defendant in the above-captioned action and as such, am authorized to accept service of the Divorce Complaint. Date: S`l7 PHI LI . KIEHL Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :275946 -_ - `3"i t.f?` ?"` f» ._ i . ; ?'` - ? ^ '?-? c_,: --?: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHIRLEY M. KIELHL, Plaintiff VERSUS PHILLIP M. KIEHL, Defendant N O. 06-4479 DECREE IN DIVORCE AND NOW, /0 &"k 6 ar;: (/y ?P.'" 2007 , IT IS ORDERED AND DECREED THAT SHIRLEY M. KIEHL , PLAINTIFF, AND PHILLIP M. KIEHL 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; All claims have been settled pursuant to the Marital Settlement Agreement dated 12/31/06, which shall be incorporated but not merged into the Divorce Decree. ATTEST: J 4j" PROTHONOTARY -40 IlAyerl 4t "* , , Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff SHIRLEY M. KIEHL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-4479 CIVIL TERM V. PHILLIP M. KIEHL, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR ENTRY OF ORDER UPON STIPULATION AND NOW, comes Shirley M. Kiehl, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and moves your Honorable Court to enter an Order upon Stipulation of the Parties. The undersigned represents that Defendant concurs with this Motion. Respectfully submitted, `? tt JOHNSON, /DUF STEWART & W IDNER Date: / l BY?(?1i-V,1< C,) " Marx C. Duffie Attorney I.D. No. 90 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff a ` CERTIFICATE OF SERVICE AND NOW, this day of F(AWUAk4A-, , 2008, the undersigned does hereby certify that she did this date serve a copy of the for going Motion for Entry of Order upon Stipulation upon the other party of record by causing sa a to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Phillip M. Kiehl 289 Redwood Lane Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER 323994 y r l ou _ - rn cry ; CJ • FEB 19 2008 Shirley M. Kiehl : IN THE COURT OF COMMON PLEAS OF Plaintiff :. CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL, ACTION - LAW - IN DIVORCE PhilliQM. Kiehl NO. 06-4479 Civil Term Defendant DOMESTIC RELATIONS ORDER. U Pon consideration of the pleadings in the above-captioned matter, it is this m?0_ day of 200K, by the Court of Common Pleas of Cumberland County, Pennsylvania, ORDERED as follows: 1. State Domestic Relations Law. This Order is made pursuant to the Domestic Relations Laws of the State of Pennsylvania and relates to the division of pension plan benefits between former spouses in an action for dissolution of marriage. This Order is intended to qualify as a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended (" ERISA" ). 2. Identity of the Plan. The plan to which this Order applies is the Teamsters-National 401(k) Savings Plan (the "Plan"), a defined contribution pension plan: The Plan Administrator is the Board of Trustees of the Teamsters-National 401(k) Savings Plan, 25 Louisiana Avenue, N.W., Washington, DC 20001-2198. 3. Identity of the Participant. The Participant in the Plan to which this Order applies is Phillip M. Kiehl -(the "Participant"), Social Security Number 175-58-5956, whose last known mailing address is 289 Redwood Lane, Carlisle, PA 17013. 4. Identity of the Alternate Pace. This Order creates the right for an Alternate Payee, Shirley M. Kiehl (the "Alternate Payee"), Social. Security Number 192-58-3745, whose last known mailing address is 1280 Hunters Ridge Road, Mechanicsburg, PA 17050, to receive a portion of the pension benefits payable with respect to the Participant under the Plan. The Alternate Payee is the former spouse of the Participant. 5. Amount of Payments to Alternate Payee. This Order assigns to the Alternate Payee a separate.interest*in the Participant's pension benefit. The Alternate Payee's separate interest shall be 100% of the value of the Participant's account as of the date of segregation (the date the award is transferred to a separate account for the Alternate Payee). 6. Allocation of Basis. The amounts assigned to the Alternate Payee under Paragraph 5 above shall be deemed to be attributable to elective deferral contributions, after-tag contributions, nonelective contributions, rollover contributions,.and earnings on all such contributions on a pro rata basis in the same proportions as the Participant's interest in the Plan determined as of the valuation date referred to in Paragraph 5. ' QDRO Page 2 7. Investment of Assets. As soon as practicable after this,Order is determined to be qualified by the Plan Administrator, the amounts assigned to the Alternate Payee under Paragraph 5 above shall be withdrawn from the investment funds in the Participant's account on a pro rata basis and invested in a separate account under the Plan maintained for the benefit of the Alternate Payee. On and after the date such account is established, the Alternate Payee shall have the same ability to designate the investment of those amounts as the Participant would otherwise have had with respect to those amounts. All amounts assigned to the Alternate Payee will separately share in the gains and losses and forfeitures of the Plan in accordance with the terms of the Plan begins on the date the Alternate Payee's account is established until the date of payment of such assigned amounts to the Alternate Payee. 8. When Payments Will Be Made to Alternate Payee. A distribution to the Alternate Payee of the amount determined in this Order shall commence to be paid by the Plan upon the Alternate Payee's application on or after the date this Order is determined to be qualified by the Plan Administrator, but not later than the latest date permitted by Code Section 401(a)(9).. The Alternate Payee's benefit shall be distributed in a single lump sum distribution. 9. What Happens if the Participant Predeceases the Alternate Payee. The assignment of an interest in Participant's accrued benefit to the Alternate Payee, as provided herein, shall not be reduced, abated or terminated as a result of the death of the Participant. 10. What Happens if the Alternate Payee Predeceases the Participant. If the Alternate Payee predeceases the Participant before distribution of the Alternate Payee's share to the. Alternate Payee, to the extent. permitted. by the Plan and Code Section 414(p), the Alternate Payee may designate a beneficiary to receive payment of the Alternate Payee's interest in the Plan. 11. ERISA and Code Requirements. Nothing contained in this Order shall be construed to require the Plan to provide: (a) any type or form of benefit, or any option, not otherwise provided under the terms of the Plan; (b) increased benefits (determined on the basis of actuarial value) not otherwise provided for under the terms of the Plan; or (c), payments of benefits to the Alternate Payee which are required to be paid to another alternate payee under. another Order previously determined by the Plan.to be a Qualified Domestic Relations Order pursuant to Section 206(d)(3) of ERISA and Section 414(p) of the Code. 12. Cooperation Required. The Participant and Alternate Payee shall cooperate in executing the assignment of the interest in Participant's pension by keeping the Plan apprised of their current mailing addresses, and by providing such information that the Plan shall deem necessary for the proper administration of the Plan in accordance with this Order. 13. Mailing Required. Copies of this Order shall be sent to the Plan via first class mail from counsel for the Alternate Payee, as the authorized representative of the Alternate Payee. 14. ' Continuing Jurisdiction' of the Court. The Court shall retain jurisdiction so that this Order maybe amended as necessary in order to comply with the requirements of a Qualified Domestic Relations Order pursuant to Section 206(d)(3) of ERISA and Section 414(p) of the Code, as determined by the Plan. • • QDRO Page 3 15. The Court 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. Accepted and. ordered this I" day of 6,1009. Judge CONSENT TO ORDER anticipant / Date Attorney for Plaintiff/ Date Participant Copies to: Mark C. Duffie, Esq. 301 Market Street P.O: Bog 109 Lemoyne, PA 17043-0109 Teamsters = National 401(k) Savings Plan C/o GEM Group LP 1200 Three Gateway Center Pittsburgh, PA 15222 Bea/ ternate Payee Date Attorney for Date Alternate Payee OOP I u runt l sC .2/;L 1/0 V C 1 F : , "'''l I Z 021 ruin /?J?' v! f1 JU