Loading...
HomeMy WebLinkAbout02-3284ANNETTE VAOW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT VAOW, Defendant : NO. 2002-~a~ CIVIL TERM : CIVIL ACTION - LAW : 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ANNETTE VAOW, Plaintiff ROBERT VAOW, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ...~l,~'~ CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Annette Vaow, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Annette Vaow, is an adult individual who currently resides at 650 Roxbury Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant, Robert Vaow, is an adult individual who currently resides at 662 Bloserville Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 28, 1988 in Towanda, Bradford County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Annette Voaw, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301 (c) or 3301 (d) of the Divorce Code. Date: July 10, 2002 Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240~0893 - FAX VERIFICATION I verify that the statements made in this Complaint 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. ANNETTE'VAOW, Plaintiff ANNETTE VAOW, Plaintiff ROBERT VAOW, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3284 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 18th day of July 2002, comes Thomas S: Diehl, Esquire, Attorney for the Plaintiff, Annette Vaow, and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, Robert Vaow, by certified, restricted delivery, return- receipt requested. A copy of said receipt is attached hereto indicating service was made on July 17, 2002. Respectfully submitted, Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ,Nlicle Addr~ to: ROBERT '~. VAOW 662 BID~ERVILLE ROAD NEWVIIE4E.~, PA 17241 2. Article Number (Transfer from service label) [] Agent B. Received by (Printed Name) D. Is deliven/address different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type r~'cerUfied Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~Yes 70012510 0006 5890 2514 PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-0381 ANNETTE VAOW, Plaintiff ROBERT VAOW, : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3284 CIVIL TERM : : CIVIL ACTION - LAW AFFIDAVIT OF CONSENT 2002. A complaint in divorce under §3301(c) of the Divorce Code was filed on July 11, 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and 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. § 4909 relating to unsworn falsification to authorities. ....... e Vaow, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 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 ifI 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 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Date: e aow, Defendant ANNETTE VAOW, Plaintiff ROBERT VAOW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3284 CIVIL TERM CIVIL ACTION -. LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, Annette Vaow, having been granted a Final Decree in Divorce on the 17th day of December 12003, hereby elects to resume the prior surname of LANE and gives this written notice pursuant to the provisions of 54 P.S. § 704. Annette Vaow COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Annette Lane, name being resumed SS. On the c4),,,_P day of ~'~ ~'~7' , 200~r before me, a Notary Public, personally appeared the above affiant known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledge that she executed the foregoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA Annette Vaow : Civil Action-Law Plaintiff · vs : No. 2002-3284 Robert Vaow : Defendant :]n Divorce STIPULATION AND AGREEMENT BY AND BETWEEN Robert Vaow aka Robert D. Vaow, Plaintiff, and Annette Vaow now Annette Lane, Defendant, W1TNESSETH: WHEREAS, the parties, intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and signed by the Court, hereby stipulate and agree that the Court may enter the attached Qualified Domestic Relations Order. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this Agreement, execute this Agreement by signing below. Robert Vaow e Lane forme~l A~nette Vaow H. Anthony Adams, Esquire Attorney for Defendant ! verify that the statements made in this Stipulation and Agreement 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: ,~ ~'~ ,2004 Robert Vaow aka Robert D. Vaow ! verify that the statements made in this Stipulation and Agreement are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ,~ ~--/ ,2004 Annette Lane formerly Annette Vaow ! verify that the statements made in this Stipulation .and Agreement are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: (~l~x It, ~ ? ,2004 H. Anthony Adams, Esquire Attorney for the Defendant IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA AU0 0 2 2004 Annette Vaow : Civil Action-Law Plaintiff : : : vs : No, 2002-3284 : : Robert Vaow : Defendant : In Divorce QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Plaintiff and Defendant and the subject matter of this Order pursuant to the Pennsylvania Divorce Code, 23 Pa. C.S. Section 3301 et. seq.; and WHEREAS, Plaintiff, Defendant and this Court iintend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO'~ as defined in Section 206(d) (3) of the Employee Retirement Income Security Act of 1974 ("ERISA'd; and WHEREAS, Plaintiff and Defendant 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 Robert Vaow aka Robert D Vaow, whose current address is 662 Bloserville Road, Newville, Pennsylvania 17241, who was born on March 21, 1960 and whose Social Security Number is 166-52-7343. (b) Alternate Payee shall mean Annette Vaow now Annette Lane, whose current address is 650 Roxbury Road, Newville, Pennsylvania, 17241, who was born on February 8, 1967 and whose Social Security Number is 175-56-6699. (c) Plan shall mean American Funds 4.01(k) Savings Plan for George S. Coyne Chemical Co., Inc. (d) Plan Administrator shall mean American Funds. (e) Valuation Date shall mean March 31, 2003. The Alternate Payee is the Former Spouse of the Participant. o Participant and Alternate Payee were married on May 28, 1988, and were divorced on December 17, 2003. The Alternate Payee's interest in the Plan shall be calculated as follows: Eleven Thousand Dollars and No Cents ($11,000.00). 5. The Alternative Payee's interest in the I°'lan 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. 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. 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. 8. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan, American Funds, forthwith. This Order shall remain in effect until further Order of this Court. 9. 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 (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. 10. 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 such benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, t!he Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the term,'; of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 11. 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 Domestic Relations Order. 12. This Court shall retain jurisdiction over the provisions of this Order to amend it in order to establish and maintain its qualification as a QDRO under the provisions of ERISA. By the Court: IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA Annette Vaow : Civil Action-Law Plaintiff : : No. 2002-3284 VS Robert Vaow · Defendant : In Divorce STIPULATION AND AGREEMENT BY AND BETWEEN Robert Vaow aka Robert D. Vaow, Plaintiff, and Annette Vaow now Annette Lane, Defendant, WTTNESSETH: WHEREAS, the parties, intending to be legally bound and waiving their right to be present: when this Agreement and Order are presented and signed by the Court, hereby stipulate and agree that the Court may enter the attached qualified Domestic Relations Order· IN W[-I'NESS WHEREOF, the parties, intending to be bound by the terms and conditions of this Agreement, execute this Agreement by signing below· Robert Vaow "'A~'n~ette Lane former'T'y Annette Vaow H. Anthony Adams, Esquire Attorney for Defendant I verify that the statements made in this Stipulation and Agreement are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Robed: Vaow aka Robert D. Vaow ! verify that the statements made in this Stipulation and Agreement are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsw'orn falsification to authorities. Date: ~ ~'-~ ,2004 Annette Lane formerly Annette Vaow I verify that the statements made in this Stipulation and Agreement 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. Date: (~ ~ {.~,,~ c~ ? ,2004 -~ H. Anthony Adams, Esquire Attorney for the Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ANNETTE VAOW Plaintiff VERSUS ROBERT VAOW, Defendant PENNA. No. 2002-3284 DECREE IN DECREED THAT ANNETTE VAOW _, PLAINTIFF, AND ROBERT VAOW 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; NONE. BYT C UR : ~'" ~'"- ~/' PROTHONOTARY