The URL can be used to link to this page

Home My WebLink About03-1668IN THE -COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 9erri S'. lCtnfxr Plaintiff V. :No. ,)003- 166,? Civil Term . _ howl/ to 1J . T lv)er : IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOUHAVE BEEN SUED IN COURT. If you wish to defend against the claims set foal 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 Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, 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, PA 17013 (717) 249-3166 Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en ]as paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra suva. Se has avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier que ja o alivio que es pedido en la peticion do demanda. USTED PUEDE PERDER DINERO O PROPIENDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled Conference or Hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 sh.Yr; s _ Iar???T Plaintiff V. Wd rain D. 'ao er Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 200;- r (? (o g : CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER &3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is 2r-r ) S . C not who currently resides at 71 Oonndn aainel Ave /'a r 11 S !e lea ? 70/3 Cumberland County, Pennsylvania. 2. Defendant is - 11h Qn'1 Fanr)-P r who currently resides at 5-7( 5. () o X 6. There have been no prior actions of divorce or annulment between the parities. 7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address /3 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on , r 11, 9' ?) at J The marriage is irretrievably broken, and the parties separated on given in Paragraph 2 above. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. Date laintiff, o Se t S --Taro-er , verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 Pa. C.S. §4904. 3 -zs?63 Date 4aintiff?? Assisted by: MIDPENN LEGAL SERVICES PRO SE DIVORCE CLINIC 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 I S,-rot 0 er Plaintiff vii. 1N(? ? ??am L7 . I an r?.e ? Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 20W- : CIVIL ACTION - LAW : IN DIVORCE PETITION TO PROCEED IN FORMA PAUPERIS The Petitioner, aQ rr(1 _ Ta n nff , is the Plaintiff in this action. On her behalf, I, Joan Carey, attorney for MidPenn Legal Services, do hereby certify that the Petitioner is indigent according to the poverty guidelines of MidPenn Legal Services. MidPenn Legal Services is assisting the Petitioner in filing a divorce case pro se. The Petitioner's Financial Affidavit showing inability to pay the costs of litigation is attached hereto. Petitioner requests leave to proceed without payment of fees or costs. 13,espectfully submitted: 'Joan Carey, Attorney MidPenn Legal Services Pro Se Divorce Clinic 8 Irvine Row Carlisle, PA 17013 S )u rr r S IN THE COURT OF COMMON PLEAS OF " •Ta nne r Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. b 3 - CIVIL TERM `}rUrIJ ia(P b, )etnner : Defendants AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am theTWkfij in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: S h f-rr f 5- Ta h h? r Address: 5-7 f COh()C[gbt (rU 1 I+Ve? C( I ?` S J (b) Social Security Number: 1 lp- ?L( - 3C) -7 If you are presently employed, state Employer: Cc R G Address: ( 1_ o n 9 s c l orT Way Cap- l IS 1-e pct )-7b 13 Salary or wages per month: 9 7 ? 5U Type of work: l l c AI Adt If you are presently unemployed, state Pa 17013 Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: 1 Other self-employment: Interest: e Dividends: /v Pension and annuities: Social Security benefits: Support payments: i Disability payments: C/ Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: Other: ILIK (d) Other contributions to household support (Wife)(Husband) Name: If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: (e) Property owned Cash: Checking Account: 3 Savings Account: 02? Certificates of Deposit: Real Estate (including home)-?52 , q1 0 0 Motor vehicle: Make U-04 (Year o2-M)0 Cost mount owed 101 to d Stocks; bonds: Other: lv (f) Debts and obligations Mortgage: & ?-D /mo Rent: n\?\ Loans: 3b 7`fnC1' Monthly Expenses: ?5-U/jrt (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if an/y: Name: To/?12erAge: 10 YY1 (cheae 1 7, -rbone r7 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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: 3-2,5--03 (?) C`- •-- -, t1= "- c::` - t? - ? _?? - - ?Tl -. Sherri S. Tanner IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA Vs. No. 03-1668 CIVIL TERM William D. Tanner Defendant : IN DIVORCE ACCEPTANCE AND ACKNOWLEDGMENT OF SERVICE I, William D. Tanner, Defendant in the above captioned proceeding accept and acknowledge service of the Divorce Complaint under §3301(c) of the Divorce Code filed in this action by the Plaintiff, Sherri S. Tanner. I also waive any defects in any form or manner of service. Date: Al-13-0-3 oa William D. Tanner, Defendant ? w ? SHERRI TANNER IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE WILLIAM D. TANNER : 2003 1668 CIVIL TERM Defendant TO THE PROTHONOTARY OF SAID COURT: PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, WILLIAM D. TANNER, in the above-captioned matter. DATE _Q3 09 Q Respectfully submitted, ABOM & KUML,4"s, Lp Kara W. Haggerty, Es 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 86914 CERTIFICATE OF SERVICE AND NOW, this 10th day of March 2004, I, Kara W. Haggerty, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe of Entry of Appearance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following.. Harold S. Irwin, III Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Respectfully submitted, ABOM&KUTULA]US, LP Date O3 6 I? w Kara W. Haggerty, F 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 86914 A OM i 1 it -1 SHERRI TANNER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : :No. 2003-1668 CIVIL TERM WILLIAM D. TANNER, Defendant :CIVIL ACTION DIVORCE PRAECIPE TO ENTER APPEARANCE Prothonotary of Cumberland County: Please enter my appearance on behalf of the Plaintiff, Sherri S. Tanner, in the above captioned matter. Date: q IS Respectfully By- Paul Bradford Orr, Asq( Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme ID No.: 71786 C1 ? C? ?'." ?; ? r t -G-5 s-r rL=? ??-?? S H E R R I TANNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Plaintiff Vs. WILLIAM D. TANNER Docket No. 2003-1668 Defendant MOTION FOR APPOINTMENT OF MASTER Sherri Tanner (Plaintiff) (Mf#l)X moves the court to appoint a master with respect to the following claims: Divorce Distribution of Property () Annulment () Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant qJ* (has not) appeared in the action (personally) (by his attorney, Kara W- Haggerty , Esquire). (3) The Staturory ground (s) for divorce (is) (are) Trrefri evahl e hrPakdawn (4) Delete the inapplicable paragraph(s): XX X I%Uddim lauxt-*Xtu 16X X&Y - ?ItX kow $KMX)t1Xd1X MIX LOOK MI Xt XMIMM 11ims: c. The action is contested with respect to the following claims: Equitable Distribution of Marital Property 1 eMs. (5) The action (involves) (does not in ve) complex issues of law fact (6) The hearing is expected to take %1/2 d (days). (7) Additional information, if levant the motion: Date: 61 V61 l Print Attorney Name ......... Paul Bradford Orr, Esquire ORDER APPOINTING MASTER AND NOW, , 20 Esquire is appointed master with respect to the following claims: By the Court: J. ;-? ? ? - -c?t .. ; ., -r . ? , ? _, -? , :. ?? ?* JJN 112007 ' ? SHERRI TANNER PLAINTIFF Plaintiff Vs. WILLIAM D TANNER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2003-1668 Defendant MOTION FOR APPOINTMENT OF MASTER Sherri Tanner (Plaintiff) (MX moves the court to appoint a master with respect to the following claims: Divorce lj Distribution of Property () Annulment () Support O Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant ) (has not) appeared in the action (personally) (by his attorney, Kara W_ H ag g P r t y , Esquire). (3) The Staturory ground (s) for divorce (is) (are) TrrPtriPVahla hrPakdown (4) Delete the inapplicable paragraph(s): KX XMXh1ffdhXi11&UKt-*dC b X MA ?ffiktXtX = $K&X XOXMIX MIX MK 101 Xt XUJIM X Rims: c. The action is contested with respect to the following claims: (5) The action (involves) (does not in ve) complex issues of law fact (6) The hearing is expected to take 1 2 d VKbW (days). (7) Additional information, if levant the motion: Date: 61 V61 Print Attorney Name ......... Paul Bradford Orr, Esguire ORDER APPOINTI G MASTER AND NOW, /q_, 20 D? 1 Esquire is appointed masigr with respect to the following claims: By Dort: J. ??FLL I,r? ?I CJ N r ;Y ? g %jo n SHERRI TANNER, Plaintiff V. WILLIAM D. TANNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2003-1668 CIVIL TERM : CIVIL ACTION-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 action within twenty (20) days after this Amended Divorce Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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, GOT 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, PA 17013 Telephone: (717) 249-3166 I SHERRI TANNER, Plaintiff Vi. WILLIAM D. TANNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-1668 CIVIL TERM CIVIL ACTION-DIVORCE AMENDED DIVORCE COMPLAINT 1. Plaintiff, Sherri Tanner, is an adult individual and is represented in this matter by Paul Bradford Orr, Esquire. 2. Defendant, William D. Tanner, is an individual and is represented in this matter by Kara Haggerty, Esquire. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on November 11, 1990 in Dallastown, York County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request the Court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. COUNT II-EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real estate, personal property, including automobiles, bank accounts, retirement 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 Court to enter a decree which effects an equitable distribution of marital property. Attorney for Plaintiff I. D. # 71786 50 East High Street Carlisle, PA 17013 (717) 258-8558 VERIFICATION I verify that the statements made in the foregoing Amended Divorce 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. 11LI'd ?-JZM&A- DATE: /-Sherri Tanner, Petitioner I SHERRI TANNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2003-1668 CIVIL TERM WILLIAM D. TANNER, Defendant : CIVIL ACTION-DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this kday of, July, 2007, 1 Robin L. Starner, secretary to Paul Bradford Orr, Esquire, did serve a copy of the Amended Divorce Complaint, to the following persons at the following address by U.S. Mail, postage prepaid, to the party listed below, as follows: Kara W. Haggerty Abom & Kutulakis, LLP 36 S. Hanover Street Carlisle, PA 17013 ?a?,_Lj Jw?l Rob n L. Star , Office Manager/Secretary C? ?. ?4. ? -rt `r ?t< a `? ? ? ? ? ? :. . ?. ? ? ? ?: ?; ? _y_ cT ? '?'? Q?R s? c.r ? -r+ i -???; i3 ? ? c?+ _ _? r__, ? ?.,? >?'. ? ??? ?. ?? ?. ?' - .c u ? c, OM CSC' &N ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 SHERRI TANNER, Plaintiff V. WILLIAM D. TANNER Defendant 1. 2003. 2. July 6, 2007. 3. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE 2003 - 1668 CIVIL TERM AFFIDAVIT OF CONSENT A Complaint in divorce under §3301(c) of the Divorce Code was filed on April 10, An Amended Complaint in divorce under §3301(c) of the Divorce Code was filed on The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 4. 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. §4904 relating to unsworn falsification to authorities. Date: / ;?- 1q-c)-7 150d, SHERRI TANNER CIP c? -ABOM & LITULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 SHERRI TANNER, Plaintiff V. WILLIAM D. TANNER : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE 2003 - 1668 CIVIL TERM 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 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 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. §4904 relating to unsworn falsification to authorities. Date: - y SHERRI TANNER ILn TAB 2OM CSC' &N l ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 SHERRI TANNER, Plaintiff V. WILLIAM D. TANNER Defendant 3. 2003. 4. July 6, 2007. 3. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE 2003 - 1668 CIVIL TERM AFFIDAVIT OF CONSENT A Complaint in divorce under §3301(c) of the Divorce Code was filed on April 10, An Amended Complaint in divorce under §3301(c) of the Divorce Code was filed on The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 4. 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. §4904 relating to unsworn falsification to authorities. Date: /?? WILLIAM D. TANNER ?? ? C .C' ?? "+ ?= y,. -a m ? ' ? -c - t1T TAB OM & U ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 SHERRI TANNER, Plaintiff V. WILLIAM D. TANNER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE 2003 - 1668 CIVIL TERM 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 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 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. 54904 relating to unsworn falsification to authorities. Date: ;!;? rte/ WILLIAM D. TANNER ?? r? ?? rt _?, ? SHERRI S. TANNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - 1668 CIVIL WILLIAM D. TANNER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 14t day of iuax, iY/t , 2007, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated December 14, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY T OURT, Edgar B. Bayley, P.J. cc: / ul B. Orr Attorney for Plaintiff Vara W. Haggerty Attorney for Defendan A CO) Q SHERRI TANNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2003-1668 CIVIL TERM WILLIAM D. TANNER, Defendant : CIVIL ACTION-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. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: April 13, 2002, by Hand Delivery, Acceptance and Acknowledgement of Service signed by Defendant. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff on December 14, 2007; by Defendant on December 14, 2007. 4. Related claims pending: Nothing Pending, Marriage Settlement Agreement entered into on December 14, 2007. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 14, 2007. 6. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 14, 2007. q Date: L )4ox- By: j 61 Paul Bradford Orr, EsWire 50 East High Street Carlisle, PA 17013 (717) 258-8558 C J C= C?1' 377 Tt ZL c } IT' MC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHERRI TANNER, Plaintiff VERSUS WILLIAM D. TANNER, No. Defendant DECREE IN DIVORCE 1668 of 2003 AND NOW, l e-L rJ4-7 Z IT IS ORDERED AND DECREED THAT SHERRITANNER , PLAINTIFF, AND WILLIAM D. TANNER 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; The Marital Property Settlement Agreement including a Qualified Domestic Relations Order is incorporated hereto. E A 4?2 ?KT -?W- a. In the Court of Common Please Cumberland County Pennsylvania Sherri S. Tanner V. William D. Tanner Motion for Contempt No. 03-1668 Civil 1, Sherri Tanner, come before this court to file a motion for contempt against William Tanner. I will represent myself with respect to the following claim. To support this claim, I will show the following: 1. On December Ie, a marital agreement was signed by Sherri. S. Tanner and William D. Tanner and entered into the court. 2. The parties acknowledged that at the time of separation in November 2002, William maintained a Central Pennsylvania Teamsters Pension Fund account (which had a balance of $85,851.63 on December 31, 2002). William also had a Teamsters 401k Savings account (which had a balance of $7.884.35 on September 2, 2003). The combined marital value estimated at $93,735.98. 3. Within 20 days following the agreement, William Tanner was to transfer the entire balance of his 401 K savings account into a retirement account for Sherri Tanner. 4. In addition to the balance transfer of the 401 K, A QDRO was to be prepared for the balance due Sherri Tanner. (One half November 2002 Pension Fund account, plus one half of the November 2002 401 K account, plus one half of the interest earned on such balances since that date, less the amount actually transferred to Sherri Tanner) 5. William agreed to cooperate with Sherri's attorney to obtain necessary information to complete these transfers and the QDRO. 6. The marital agreement provides that in the event of a breach by either party, the non breaching party shall have the right to seek monetary damages and to seek performance of the terms of the agreement. 7. Sherri Tanner has made repeated attempts through previous legal counsel to collect the aforementioned sums, and these attempts have been ignored by William Tanner. 8. That said, William Tanner is in willful and deliberate contempt of court. He has failed and refuses to transfer the balance of the 401K account. He failed and has failed to cooperate with Sherri Tanner and her former attorneys to comply with the marital agreement. Sherri Tanner should be awarded a judgment that complies with the marital agreement signed by William Tanner and entered into the court. Additionally, interest on the retirement accounts, court costs and attorney fees previously paid in an attempt to collect judgement on the marital agreement shall be awarded. William Tanner shall, at his expense, have the QDRO prepared for the remainder of the retirement accounts as provided in the marital agreement. 9. I, Sherri Tanner, ask that this motion be heard, that a hearing will be held at the earliest convenient date, and that William Tanner be held in contempt of this court. Respectfully Submitted, 'Sherri anner State of Pennsylvania County of Cumberland On this date, JA f f 0 , Sherri Tanner personally appeared and states that the matters and facts in the aforementioned motion for contempt are true and correct as stated. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEgL DARCIE A. NEIL Boro of , Notary Public Carlisle, Cumberland County M Commission r.-;-- s Neu:#, 8999 I, Sherri Tanner, do hereby certify that I have served a true and correct copy of the above motion for contempt by United States mail, certified and postage paid to the following: Kara W. Haggerty 36 South Hanover Street Carlisle, PA 17013 William D. Tanner 23 S. Third Street Newport, PA 17094 31a91os. gku-k-' COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DARCIE A. NEIL, Notary Public Born of Carlisle, Cumberland County My Commission Expires Nov, 24, ?a0A4 SHERRI TANNER, Plaintiff V. WILLIAM D. TANNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-1668 CIVIL TERM : CIVIL ACTION-DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER Upon Con ' eration of the pleadings in the above captioned matter, it is this 74 day of , 2008, by the Cumberland County Court of Common Pleas, ORDERED, as follows: State Domestic Relations Law. This Order is made pursuant to the Domestic Relations Law 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 Administrators 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 William D. Tanner (the "Participant"), Social Security Number 173-52-1129, whose last known mailing address is 23 South Burd Street, Newport, PA 17074. 4. Identity of the Alternate Payee. This Order creates the right for an Alternate payee, Sherri Tanner, (the "Alternate Payee"), Social Security Number 166-64-3997, whose last known mailing address is 1150 Forge Rd., Carlisle, PA 17013, 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 in the Plan, determined as of the valuation date coincident with or next following February 21, 2008, this is the date of divorce. 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-tax 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. 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 or 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 beginning 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 accrues benefit to the Alternate Payee, as provided herein, shall not be reduced, abated or terminated as a result of the death of the Participant. With respect to the portion of the Participant's accrued benefit under the Plan not otherwise assigned to the Alternate Payee in Paragraph 5 of this Order, the Alternate Payee shall be treated as the Participant's surviving spouse for purposes of any benefits attributable to such portion that are payable upon the Participant's death, in accordance with the Code and ERISA. 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 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. i 14. Continuing Jurisdiction of the Court. The Court shall retain jurisdiction so that this Order may be 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. Dated this s*"y of Copies to: Kara W. Haggerty, Esquire - e Attorney for Participant/Defendant 36 S. Hanover Street Carlisle, PA 17013 Paul Bradford Orr, Esquire Attorney for Alternate Payee/Plaintiff 50 East High Street Carlisle, PA 17013 Teamsters-National 401(k) Savings Plan C/O GEMGroup LP 1200 Three Gateway Center Pittsburgh, PA 15222 65 'JA L cool V9? 9 SHERRI S. TANNER, Plaintiff V. WILLIAM D. TANNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1668 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of April, 2008, upon consideration of Plaintiff's Motion for Contempt, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Wednesday, May 28, 2008, at 2:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Sherri S. Tanner 1150 Forge Road Carlisle, PA 17013 /William D. Tanner 23 S. Third Street Newport, PA 17094 Courtesy Copies: /Paul B. Orr, Esq. 50 E. High Street Carlisle, PA 17013 ? Kara Haggerty, Esq. 36 S. Hanover Street Carlisle, PA 17013 J J. esley Ol r., J. (20,-jj'cs encIcL£L :rc x?;fit .i ° ? ??',,- "? SHERRI S. TANNER, Plaintiff v WILLIAM D. TANNER, Defendant IN RE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-1668 CIVIL TERM MOTION DISMISSED ORDER OF COURT AND NOW, this 28th day of May, 2008, upon consideration of Plaintiff's Motion for Contempt, and neither Plaintiff nor any other person having appeared on her behalf at the hearing scheduled on this motion, and the Court having waited more than 10 minutes beyond the time scheduled for the hearing to facilitate the Plaintiff's appearance, and the Defendant having appeared at the hearing with his counsel, Kara Haggerty, Esquire, and having through counsel moved for a dismissal of Plaintiff's motion based upon her failure to appear and support the motion, Defendant's motion for a dismissal is granted, and Plaintiff's Motion for Contempt is hereby dismissed. By the Court, Sherri S. Tanner 1150 Forge Road /Carlisle, PA 17013 ? Kara Haggerty, Esquire 36 S. Hanover Street Carlisle, PA 17013 For Defendant Courtesy Copy: ? Paul B. Orr, Esquire 50 E. High Street Carlisle, PA 17013 (2p ? E- S rn.4;1 LSZ :mae >-• ?: ? ? ;;_.. - r ?:?' ?..., ? ?_.. ? ? ?y tiJ ? 'C`v : ? ? ? ?? ?+? ? __ S.. ? f..,t,_ ? ?' ? ' ..3 N L I SHERRI TANNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2003-1668 CIVIL TERM WILLIAM D. TANNER, Defendant : CIVIL ACTION-DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER In accordance with the agreement of the parties, this order disposes of all or a portion of the Participant's pension benefit i the Central %xyl4vnia Teamsters Defined Benefit Plan (the "Plan"), whereby it is this day of , 2008, by the Cumberland County Court of Common Pleas, ORDE ED, as follows: 1. Participant Information: Name: William D. Tanner Address: 23 South Third Street, Newport, PA 17074 Date of Birth: 1013011968 *Social Security No.: 173-52-1129 The Participant is not currently receiving a monthly pension from the Plan. 2. Alternate Payee Information: Name: Sherri Tanner Address: 1150 Forge Rd., Carlisle, PA 17013 Date of Birth: 08/29/1970 *Social Security No.: 166-64-3997 * Social Security numbers do not have to be included in the court order. However, they must be provided to the Fund Office in writing. 3. Date of Marriage and Separation/Divorce: The Participant and the Alternate Payee were married on November 11, 1990, and were divorced on February 21, 2008. However, ending date for the purposes of this ORDER is December 15, 2007. 4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby assigned a portion of the Participant's vested accrued benefit under the Plan. The-Fund is to make payment of the Alternate Payee's benefits directly to the Alternate Payee. 5. Form of Benefit: Check one of the following options. ? The Alternate Payee is entitled to a separate interest. This means that she will be entitled to an annuity for her life, with a guarantee that three years of payments will be made to her (or her beneficiary, if she dies prior to receiving 36 monthly payments). The death of the Participant will not have an effect on the Alternate Payee's receipt of benefits. or The Alternate Payee is entitled to a shared interest, not to exceed 1. a" orty-Five Thousand Nine Hundred Sixty-Nine Dollars and Seventy-Seven Cents r? ($45,969.77) This means that she will receive a portion of each monthly payment I? to which the Participant is entitled. The Alternate Payee only will be entitled to receive her benefits as, if, and when the Participant elects to receive his benefits. 6. Shared Interest: (Do not complete this Section if a Separate Interest was selected above.) If the Participant dies prior to retirement, no benefits will be paid to the Alternate Payee unless the Alternate Payee is treated as the Participant's surviving spouse for purpose of the qualified pre-retirement survivor annuity ("QPSA" ). The QPSA is equal to fifty percent of the Participant's entire benefit (actuarially reduced if the Participant is less than age 65 when he dies). The Alternate Payee will be treated as the surviving spouse for purposes of the qualified pre- retirement survivor annuity if the Participant dies prior to retirement, unless the parties check one of the following options: ? If the Participant dies prior to retirement, then the Alternate Payee will not get any benefits under this Order. Or If the Participant dies prior to retirement, then the Alternate Payee will get a portion of the QPSA, equal to fifty percent (50%) of the QPSA, not to 1 exceed Forty-Five Thousand Nine Hundred Sixty-Nine Dollars and Seventy- Seven Cents ($45,969.77) If the Participant dies after retirement, the Alternate Payee's benefits will cease unless the Alternate Payee is treated as the surviving spouse for purposes of the qualified joint and survivor annuity ("QJSA"). The Participant is required to elect a joint and 50 percent survivor annuity and treat the Alternate Payee as his surviving spouse for purposes of the QJSA, unless the parties check one of the following options: ? The Participant is required to elect a Qualified Joint and 100% Percent Survivor Annuity. The Alternate Payee will be treated as the Participant's surviving spouse to the extent of and will receive percent of the survivor annuity. or ? The Alternate Payee's benefits under the Order will stop on the Participant's death. 7. Formula for Determining Alternate Payee's Benefit: (Must be completed for both Separate Interest and Shared Interest) (a) Check one of the following options and complete the applicable blank. ? The Alternate Payee shall be entitled to $ _per month. or ? The Alternate Payee shall be entitled to percent of the Participant's entire monthly benefit. or The Alternate Payee shall be entitled to fifty percent (50%) of the Participant's monthly benefit that accrued from the date of the marriage to the date of the parties separation/divorce on February 21, 2008. However, ending date for purposes of this Order is December 15, 2007. This amount shall not exceed Forty-Five Thousand Nine Hundred Sixty=Nine Dollars and Seventy-Seven Cents ($45,969.77). (b) Check one of the following boxes if the Alternate Payee has elected a separate Interest. ? The Alternate Payee shall be entitled to a pro rata share of any early retirement subsidy (including the CMMB and the Rule of 82-85) that is payable to the Participant at retirement. If the Alternate Payee commences benefits before the Participant retires, then the amounts payable to the Alternate Payee will be increased, effective on the date the Participant commences receipt of benefits, on a prospective basis. or ? The Alternate Payee shall not be entitled to a pro rata share of any early retirement subsidy payable to the Participant at retirement. Note: The amount, if any, of the subsidy that is attributable to amounts that the Participant has rolled over from another plan (including RIP 1987 or RIP 2000) is not taken into account in determining the subsidy from the Defined Benefit Plan. 8. Commencement of Payments to the Alternate Payee: Separate Interest. The Alternate Payee may elect to receive her benefits at any time after the Participant's "earliest retirement age" within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended. Shared Interest. The Alternate Payee's benefits will commence (if at all) when the Participant's benefits commence. 9. Construction: This order is not intended, and shall not be construed in such a manner as, to require the Plan Administrator: (a) to provide any 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 (c) to require the payment of any benefits to the Alternate Payee under another order which previously was deemed to be a Qualified Domestic Relations Order. 10. Federal Tax Reporting: For federal income tax purposes, the Alternate Payee and not the Participant shall be treated as the distributee of all benefits made by the Plan to the Alternate Payee pursuant to this order. The Fund will issue a Form 1099-R to the Alternate Payee with respect to each calendar year in which the Alternate Payee receives benefits and will report such income to the IRS under the Alternate Payee's name and Social Security Number. 11. Continued Jurisdiction: The Court shall retain jurisdiction over this matter to amend the order if necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under applicable law. 12. Qualification: The Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended, and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. So ORDERED, this -0V day of '2008. k' 9, ? -,-. ?f William D. Tanner, Plan Participant Sherri Tanner, Alternate Payee Kara W.. Haggerty, E orney for Particip da t 36 . H ver Street Ca isle P 17 13 Paul Bradford Orr, E uire Attorney for Alternate Payee/Plaintiff 50 East High Street Carlisle, PA 17013 1-0 r- ?Y CL Ei CL- y p i ` SHERRI TANNER, Plaintiff VI. WILLIAM D. TANNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-1668 CIVIL TERM : CIVIL ACTION-DIVORCE COUNSEL'S PETITION TO WITHDRAW AND NOW COMES Petitioner, Paul Bradford Orr, Esquire, and respectfully requests this Honorable Court to consider the following: 1. Petitioner is currently counsel of record for the Plaintiff in the above captioned Cumberland County Divorce Matter; 2. Plaintiff has sent a letter to Counsel on or about July 21, 2009 expressing that she no longer wishes for counsel to proceed with this case (See copy of letter Attached and Marked as Petitioner's Exhibit "A"). WHEREFORE, Petitioner respectfully requests this Honorable Court to issue an Order granting him permission to withdraw from the above-captioned case. Date: 440 Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court I.D. #: 71786 r SHERRI TANNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vii. : No. 2003-1668 CIVIL TERM WILLIAM D. TANNER, Defendant : CIVIL ACTION-DIVORCE CERTIFICATE OF SERVICE I, Paul Bradford Orr, Esquire, attorney for Defendant, do hereby certify that a true and correct copy of the within COUNSEL'S PETITION TO WITHDRAW was served upon the following individuals on the below date, by hand delivering as follows: Ms. Sherri Tanner Plaintiff, Pro Se 1150 Forge Rd. Carlisle, PA 17013 Kara W. Haggerty, Esquire Attorney for Defendant 36 S. Hanover Street Carlisle, PA 1701 Date: D BY: Paul Bradford Orr, Esquire 1 July 21, 2009 Paul Bradford Orr 50 East High Steet Carlisle, PA 1703 Dear Attorney Orr, It has come to my attention that over the weekend of April 17 you discussed my case and the matters of the disciplinary board with your nephew, Logan Auker. As I did not give consent for these matters to be discussed, I am releasing you of any further obligation in this matter. Further, I believe it is violation of the rules of conduct to discuss this case without my consent. It is especially appalling that you would discuss these matters with a minor intending to create a rift in his family. Again, I am releasing you of any further obligation. This letter will be forwarded to Attorney Frese as a complaint regarding the breech of confidentiality. Si rel Sherri S. Tanner C: Attorney Jay Frese, Pennsylvania Disciplinary Board Petitioners Exhibit "K r I P 2i J9 Al 11, 1 6 i , { , • 3c t SHERRI S. TANNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILLIAM D. TANNER, Defendant NO. 03-1668 CIVIL TERM IN RE: COUNSEL'S PETITION TO WITHDRAW ORDER OF COURT AND NOW, this 13'h day of August, 2009, upon consideration of Counsel's Petition To Withdraw, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. BY THE COURT, J esley Oler, r , J. Paul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff Sherri S. Tanner 1150 Forge Road Carlisle, PA 17013 Plaintiff Kara W. Haggerty, Esq. 2 West High Street Carlisle, PA 17013 Attorney for Defendant :rc ZU9 AUG 14 Ph V 32 OJWERL44) =M POMAYAMA .1% FAFILESUients\13223 Tanner\13223. t.QDRO cover sheet Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff C") C:: tra c_ > = M i7l it C:z ? .A- C', CD 3 p SHERRI AUKER f/k/a SHERRI TANNER, Plaintiff V. WILLIAM D. TANNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-1668 CIVIL TERM CIVIL ACTION-DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER SOCIAL SECURITY COVER SHEET For the preservation of privacy, it is the practice of this office not to disclose Social Security Numbers in public court documents whenever possible, particularly where court documents are more commonly becoming available to access on-line. Federal law has been enacted to address some of these concerns, but State law has not yet brought historical practice into accordance with recent financial and health information privacy laws. Typically, Qualified Domestic Relations Orders require the inclusion of Social Security Numbers in order to properly identify the Participants and Alternate Payees in a particular Plan. This Qualified Domestic Relations Order will be circulated only among the parties and the Plan Administrator, unless requested by the Court or otherwise directed by the parties or the Plan Administrator. Therefore, I request that the Qualified Domestic Relations Order attached hereto be signed as an Order but not docketed for public viewing by the Prothonotary. Respectfully submitted: MAR LA OFFICES, By Jennifer L. (Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff E s r*i c= ri _ F \FILES\Clients\13223 Tanner\13223.I QDRO retirement income plan G ' C? Jennifer L. Spears, Esquire n ?. c MARTSON LAW OFFICES , _ I.D. 87445 = 7-7; 10 East High Street ' Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHERRI AUKER f/k/a : IN THE COURT OF COMMON PLEAS OF SHERRI TANNER, : CUMBERLAND COUNTY, PENNSYLV ANIA Plaintiff V. No. 2003-1668 CIVIL TERM WILLIAM D. TANNER, Defendant : CIVIL ACTION-DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER In accordance with the agreement of the parties, this Order disposes of all or a portion of the Participant's pension benefit in the Central Pennsylvania Teamsters Retirement Income Plan 1987 (the "Plan"). 1. Participant Information: Name: William D. Tanner Address: 23 South Third Street, Newport, PA 17074 Date of Birth: 10/30/1968 Social Security No.: ***-**-1129 2. Alternate Payee Information: Name: Sherri Auker f/k/a Sherri Tanner Address: 1150 Forge Rd., Carlisle, PA 17013 Date of Birth: 08/29/1970 Social Security No.: ***-**-3997 * Social Security numbers do not have to be included in the court order. However, they must be provided to the Fund Office in writing. l 3. Date of Marriage and Separation/Divorce: The Participant and the Alternate Payee were married on November 11, 1990, and were separated on November 30, 2002. They were divorced on February 21, 2008. For purposes of this Order, per the parties' Marriage Settlement Agreement, the date to be used for the ending value of Participant's account balance is November 30, 2002. 4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby assigned a portion of the Participant's account balance under the Plan. The Fund is to make payment of the Alternate Payee's benefits directly to the Alternate Payee. 5. Method of Dividing Participant's Benefits: The Plan shall pay to the Alternative Payee a portion of the Participant's vested accrued benefit under the Plan. X The Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance of November 30, 2002, less $7,500.00. If a date other than a Plan valuation date is chosen, the Fund will calculate the Alternate Payee's benefit using the Plan valuation date closest to the date selected by the parties. The Fund shall separately account for the benefits awarded in this Section as soon as administratively possible after the Order is determined to be a qualified domestic relations order. The Alternate Payee shall be credited with net income, loss or expense from November 30, 2002, until the date the Alternate Payee receives the awarded benefits. 6. Form of Payment: The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 7. Beneficiary: The Alternate Payee may select a beneficiary to receive her benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving all of the assigned benefits, the Plan shall pay the benefits to the beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund Office, or if no beneficiary is selected, to the Alternate Payee's estate. 8. Date of Payment: The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of: (a) the date on which the Participant is entitled to a distribution under the Plan; or (b) the later of either: (i) the date the Participant attains age 50; or (ii) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. Generally, the Participant's earliest retirement age is 57. However, Participant with 20 Years of Service may separate from service and receive benefits at age 55. A Participant with 30 Years of Service may separate from service and retire at any age. 9. Construction: This Order is not intended, and shall not be construed in such a manner, as to require the Plan Administrator: (a) to provide any 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 (c) to require the payment of any benefits to the Alternate Payee under another order which previously was deemed to be a Qualified Domestic Relations Order. 10. Federal Tax Reporting: For federal income tax purposes, the Alternate Payee and not the Participant shall be treated as the distributee of all benefits made by the Plan to the Alternate Payee pursuant to this Order. The Fund will issue a Form 1099-R to the Alternate Payee with respect to each calendar year in which the Alternate Payee receives benefits and will report such income to the IRS under the Alternate Payee's name and Social Security Number. 11. Continued Jurisdiction: The Court shall retain jurisdiction over this matter to amend the order if necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under applicable law. 12. Qualification: The Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended, and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. So ORDERED, this day of William D. Tanner, Plan Participant ? /" . aa&IL-- herri Auker f/k/a Sherri Tanner, Alternate Payee Jenn I fer L - Spmml Looti ,rn CT"wr , 2011. Jenni er . Spears, Esquire Attorney for Alternate Payee/Plaintiff 10 East High Street Carlisle, PA 17013 0or 8I5?(? r F TMESTRents\13223 Tanner\13223.1 QDRO defined benefit 6.23-11 Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHERRI AUKER f/k/a SHERRI TANNER, Plaintiff V. WILLIAM D. TANNER, Defendant f'-• 7 M X::v GSA ?- 7 b , -41 41 ? }y C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-1668 CIVIL TERM CIVIL ACTION-DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER In accordance with the agreement of the parties, this order disposes of all or a portion of the Participant's pension benefit in the Central Pennsylvania Teamsters Defined Benefit Plan (the "Plan"), whereby it is this day of , 2011, by the Cumberland County Court of Common Pleas, ORDERED, as follows: 1. Participant Information: Name: William D. Tanner Address: 23 South Third Street, Newport, PA 17074 Date of Birth: 10/30/1968 *Social Security No.: ***-**-1129 The Participant is not currently receiving a monthly pension from the Plan. 2. Alternate Payee Information: Name: Sherri Auker f/k/a Sherri Tanner Address: 1150 Forge Rd., Carlisle, PA 17013 Date of Birth: 08/29/1970 *Social Security No.: ***-**-3997 * Social Security numbers do not have to be included in the court order. However, they must be provided to the Fund Office in writing. 3. Date of Marriage and Separation/Divorce: The Participant and the Alternate Payee were married on November 11, 1990, and were divorced on February 21, 2008. For purposes of this Order, the date to be used for the Participant's vested accrued balance per the parties' Marriage Settlement Agreement, is November 30, 2002. 4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby assigned a portion of the Participant's vested accrued benefit under the Plan. The Fund is to make payment of the Alternate Payee's benefits directly to the Alternate Payee. 5. Form of Benefit: X The Alternate Payee is entitled to a separate interest. This means that she will be entitled to an annuity for her life, with a guarantee that three years of payments will be made to her (or her beneficiary, if she dies prior to receiving 36 monthly payments). The death of the Participant will not have an effect on the Alternate Payee's receipt of benefits. 6. Formula for Determining Alternate Payee's Benefit: (Must be completed for both Separate Interest and Shared Interest) (a) Check one of the following options and complete the applicable blank. The Alternate Payee shall be entitled to $_per month. or The Alternate Payee shall be entitled to percent of the Participant's entire monthly benefit. or X The Alternate Payee shall be entitled to fifty percent (50%) of the Participant's monthly benefit that accrued from the date of the marriage to the date of the parties' separation on November 30, 2002, plus any interest accrued thereon. (b) Check one of the following boxes if the Alternate Payee has elected a separate Interest. X The Alternate Payee shall be entitled to a pro rata share of any early retirement subsidy (including the CMMB and the Rule of 82-85) that is payable to the Participant at retirement. If the Alternate Payee commences benefits before the Participant retires, then the amounts payable to the Alternate Payee will be increased, effective on the date the Participant commences receipt of benefits, on a prospective basis. or _ The Alternate Payee shall not be entitled to a pro rata share of any early retirement subsidy payable to the Participant at retirement. Note: The amount, if any, of the subsidy that is attributable to amounts that the Participant has rolled over from another plan (including RIP 1987 or RIP 2000) is not taken into account in determining the subsidy from the Defined Benefit Plan. 7. Commencement of Payments to the Alternate Payee: Separate Interest. The Alternate Payee may elect to receive her benefits at any time after the Participant's "earliest retirement age" within the meaning of Section 414 (p) of the Internal Revenue Code of 1986, as amended. Shared Interest. The Alternate Payee's benefits will commence (if at all) when the Participant's benefits commence. 8. Construction: This order is not intended, and shall not be construed in such a manner as, to require the Plan Administrator: (a) to provide any 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 (c) to require the payment of any benefits to the Alternate Payee under another order which previously was deemed to be a Qualified Domestic Relations Order. 9. Federal Tax Reporting: For federal income tax purposes, the Alternate Payee and not the Participant shall be treated as the distributee of all benefits made by the Plan to the Alternate Payee pursuant to this order. The Fund will issue a Form 1099-R to the Alternate Payee with respect to each calendar year in which the Alternate Payee receives benefits and will report such income to the IRS under the Alternate Payee's name and Social Security Number. 10. Continued Jurisdiction: The Court shall retain jurisdiction over this matter to amend the order if necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under applicable law. 11. Qualification: The Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended, and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 12. This Order replaces the Qualified Domestic Relations Order previously entered for this Plan on September 16, 2008, which Order is hereby vacated. So ORDERED, this day of 2011. William D. Tanner, Plan Participant Sherri Auker f/k/a Sherri Tanner, Alternate Payee ?s???l OYb L-, V Wi e - (kao Jenn e L. Spears, Esquire Attorney for Alternate Payee/Plaintiff 10 East High Street Carlisle, PA 17013