Loading...
HomeMy WebLinkAbout99-05809Fr D 1 f s Zi s;; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF? PENNA. JOIiN 0. DUDLEY, ? "'? Plaintiff VERSUS TERRY G. DUDLEY, Defendant No. 99-5809 DECREE IN DIVORCE AND NOW, Zf7 IT IS ORDERED AND DECREED THAT JOHN 0. DUDLEY PLAINTIFF, AND TERRY G. DUDLEY , 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. BY THE COU T wvvv. ATTEST: J. i ' PROTHONOTARY JOHN O. DUDLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Cmlisle, PA NO. 5c?? C.l u?Q Tefm TERRY G. DUDLEY, Defendant NOTICE 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 irretrievable breakdown marriage counselling. available in the Office County Court House, Pennsylvania. for the of the A list of the r High and divorce is indignities or marriage, you may request of marriage counselors is rothonotary at the Cumberland Hanover Street, Carlisle, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 S Date: 9,/y ?9 By: Association Mar W. Allshouse, squire Su reme Court ID It 78014 26 West High Stree C rlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff JOHN 0. DUDLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. ?q- 58Gq ( v & Term TERRY G. DUDLEY, Defendant DIVORCE COMPLAINT 1. Plaintiff is john 0. Dudley, who currently resides 205A Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Terry G. Dudley, who currently resides at 5 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 17, 1989 in Indianapolis, Indiana. 5. There have been no prior actions of divorce or for annulment between the parties. SAIDIS, GUIDQ SNUFF & MASLAND 6. The Plaintiff has been advised of the availability of zSw.High Carlisllee,, PA PA marriage counseling and the Plaintiff may y have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. COUNT II 8. The allegations of Paragraph 1 through 7 made herein are hereby incorporated by referenced as if set forth in full. 9. The Plaintiff alleges that in violation of her marriage vows the Defendant has, over a period, in Cumberland County and in other places, offered such indignities to the person of the Plaintiff as to render his condition intolerable and life burdensome. 10. This action in divorce is not collusive. 11. Neither party to this action is a member of the armed forces of the United States of America. WHEREFORE, Plaintiff prays Your Honorable Court to enter a Decree in Divorce. COUNT III SAIDIS,GUIDO, EQUITABLE DISTRIBUTION SNUFF & MASLAND 12. The allegations in Paragraphs 1 through 11 inclusive 26 W. High Street Cwlisie, PA are hereby incorporated by referenced as if set forth in full. 2 13. Plaintiff and Defendant have acquired property both real and personal during their marriage. 14. Prior to marriage, Plaintiff and Defendant entered into a prenuptial agreement setting forth the rights, duties and obligations of each party in the event of a separation or divorce. A copy of that agreement is attached hereto as Exhibit "A" and hereby incorporated by reference. WHEREFORE, Plaintiff requests this Honorable Court to determine marital property and enter an Order of equitable distribution pursuant to the rights, duties and obligations as set forth in the prenuptial agreement. Respectfully submitted, SAIDIS, SHUFF & MASLAND n A n Date: By A ( / (.l X )'o2 / Mar W. Allshouse, E quire Su reme Court ID 4 7 014 26 West High Street Ca lisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, GUIDO, SNUFF & MASLAND 26 W. High Street Curlisle, PA 3 THIS AGREEMENT, made and entered into between John Dudley (hereinafter "John") and Terry Musson; (hereinafter "Terry"); WITNESSETH: WHEREAS, each of the parties owns individually personal property, the nature and extent of the holdings of each party having been fully disclosed to the other, and a brief description of each being incorporated herein as Exhibits A and R respectively; and, WIIEREAS, the parties desire that all property now owned or hereafter acquired by each of them shall, for disposition by Will or intestate succession, or by termination or dissolution of the marital relationship, be free from any claim of the other that may arise by the reason of their contemplated marriage. IT IS, THEREFORE, agreed as follows: 1. After the solemnization of the marriage between the parties, each of them shall separately retain all rights in his or her own property whether now owned or hereafter acquired, and each of them shall have the absolute and unrestricted right to dispose of such separate property, free from any claim that may be made by reason of their marriage. For purposes of this paragraph, all property owned by each party shall include any property substituted or converted from property held prior to the marriage. The parties acknowledge and agree that John has or will borrow against certain vested pension and profit sharing accounts held in his name by his employer for the purpose of making a down payment on a house to be occupied by the parties as the marital residence and to pay off certain debts and obligations. In this regard and based upon the actual amounts that are paid for the above stated purposes, the parties agree that in the event of a sale of the marital residence to be acquired, or the dissolution of the marriage of the parties, that +t : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ° NO. CIVIL 199 Defendant IN DIVORCE AFFIDAVIT I SO1?^? o• ?uudley being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. (2) I 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 counselling prior to a divorce decree being handed down by the court. 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. Plaintiff No personal property VERIFICATION I verify that the statements made in this are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4404, relating to unsworn falsification to authorities. Dated: Ck '?Lk : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL 199 Defendant IN DIVORCE AFFIDAVIT I, .ToHN o. Ducl?ey being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. i .. (2) I 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 counselling prior to a divorce decree being handed down by the court. 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. Plaintiff No personal property VERIFICATION I verify that the statements made in this 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 unsw?orn falsification to authorities. Dated: p -` -\t'l • ? J U? L? r- c Ul?gl N ?-??- rA: , t'i CJ ccn n U L r 07 JOHN 0. DUDLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99- 5809 CIVIL TERM TERRY G. DUDLEY, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on September 21, 1999. 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 unswom falsification to authorities. Date: / a coo JOH O. DUDLEY, PlaintiffWAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a Final Decree in Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that 1 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 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. Date: ae00 _ ?erl e 1 ??GLCS / JOHN W DUDLEY, Plaintiff _y. ?. ?? : ?_. . 5. %` - . ?` _ ? .. is_ U J014N O. DUDLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- 5809 CIVIL TERM TERRY G. DUDLEY, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on September 21, 1999. 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom falsification to authorities. Date: (i '/3- O C7 TERRY .DUDLEY, Defends WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a Final Decree in Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. l 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 true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom falsification to authorities. Date: -.&- Z3 10 TERRY UDLEY, Defendan i? L. i ! __ . . 7_ ? ? _? -? '1 ,_. J JOHN O. DUDLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO.99-5809 CIVIL TERM TERRY G. DUDLEY, CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 22n" day of June 2000, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, John O. Dudley, and states that the Plaintiff originally retained the law firm of Saidis, Shuff & Masland to commence his divorce action. Although the law firm of Saidis, Shuff & Masland did initiate the divorce action on behalf of the Plaintiff, and secured service of the Complaint on the Defendant, said law firm never filed an Affidavit of Service. However, verification of service was contained in Plaintiffs file when it was transferred to the Law Office of Thomas S. Diehl. Consequently, Thomas S. Diehl, Esquire, avers that an agent or employee of the Law Firm of Saidis, Shuff & Masland mailed a certified copy of a Complaint in Divorce to the Defendant, Terry G. Dudley, at 5 Sycamore Drive, Mechanicsburg, Pennsylvania by certified, restricted delivery, retum-receipt requested. A copy of said receipt is attached hereto indicating service was made on September 22, 1999. Re tfully sub itted, omas S. Diehl Attorney for the Plaintiff 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 Z 013 349 519 US Postal Service Receipt for Certlf led Mail No Insurance Coverage Provided. Do not use for Internal" Mail (See reversal f C. u u a seal to 6 her &D LN-?-% Inn ffv 1,iLP Cp e 1 nib - A t 7 Cubed Fee v Special Delivery FA Recbided Delivery IN ?S Rom d b v Vern & Dala D d RelenRacaat agldryli _ TO(P 6 Fear I ? i fn W"'ym a • 6 J ), SENDER: . ¦ Carlplee name 11 enNor feredmipWgrvleee, 16160 wish to receive the d ¦Complee Memo aMIb. following services (for an 04 acard0Vrunuro and ad6reee m the awnw or lhb fonn w6W we an return sale b extra fee)' 1 ¦AUadt tlMeiomrbarhantdthemeliplaaa,amaebwkaepam"nd 1.13 Addreasee'e Addrm i Cg Ileum Rirapf Reaeabd'm Me mallVlea balm ar eede number. Th R P 2.O.gastddted Delivery e ebllvered. ml Retept will etaw b.llorn the ert tlo was tlalNered and ft date e a 6 K Consult postmaster for (as. 3? - ------- ff UNITED STATES POSTAL SERVICE- ?PM i___a Pfint You 6arpg, ?ddre and zlP Cooe In•th99 '^--- Saidls, Shoff & Masland Attomeye at Law 26 West Hlph Street ? (6adU11el Rai 170iR1 9. Artlde Addraeead?/c/?\) /?//' 4a. Article Numbs ?y L `+' (^" 4b. Service Type tlG 5 cwnor? jrl, ?Registered /1 c? h /? p ? Fxpreca Mall "(C w 11 ?.JJJ?I t-Y r' ?SMum Rsoalptfo ?./ / 7 7. Data or Delivan If4CarU1led ? Insured Irdurdiss ? COD a (Only fl requested ti. Recelved By: (Pdnt Name) B. Addressee' Ad and lee is pall) 6. Signature (Addressee r X Lk - PS Form 361 December 1684 tm wseeons Dart 11111111111111111111111111111111114111111111141111111141111111 ti \_• JOHN O. DUDLEY, Plaintiff V. TERRY G. DUDLEY, Defendant I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 99-5809 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following; information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) 3lfdj of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint. Service was made on September 22, 1999 by certified mail, restricted delivery to Defendant, Terry G. Dudley. 3. (Complete either paragraph (a), or (b).) (a) Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by the Plaintiff June I, 2000; by the Defendant: June 13, 2000. (b) (1) Date of execution of the Plaintiffs Affidavit required by § 3301(d) of the Divorce Code: _ (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: none 5. (Complete either (a) or (b); (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and a copy of which is attached: (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by § 3301(c) of the Divorce Code: by the Plaintiff: June 1, 2000; by the Defendant: June 13, 2000. Date: C - I Iv - t:'o i ?J IN RE THE MARRIAGE OF JOHN O. DUDLEY, Petitioner AND TERRY G. DUDLEY, Respondent IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5809 CIVIL TERM IN DIVORCE DOMESTIC RELATIONS ORDER WHEREAS, this Court on the date indicated below has entered ajudgment approving a Domestic Relations Agreement; due notice having been given; this Court having jurisdiction of the parties and the subject matter; and this Court being advised in the premises IT IS HEREBY ORDERED AS FOLLOWS: 1. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's Total Account Balance accumulated under an employer- sponsored defined contribution plan which is qualified under Section 501 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d) of ERISA. 2. This Order applies only to GTE's Defined Contribution Plan (the "Plan"), administered by GTE Benefits Center, 1000 Half Day Road, Lincolnshire, Illinois 60069-1483, the Plan Administrator. Further, any successor plan to the Plan shall also be subject to the terms of this Order. .,r 3. The Plan participant to whom this Order relates is John O. Dudley (the "Participant"). The last known mailing address, Social Security Number, and date of birth of Participant are: ADDRESS: 205A Mulberry Drive Mechanicsburg, PA 17055 SOCIAL SECURITY NUMBER: 305-64-2950 DATE OF BIRTH: 10104155 4. The individual to whom this Order assigns certain Plan benefits payable with respect to Participant is Terry G. Dudley (the "Alternate Payee"). The last known mailing address, Social Security Number, and date of birth of Alternate Payee are: ADDRESS: 489 East Elmwood Avenue Mechanicsburg, PA 17055 SOCIAL SECURITY NUMBER: DATE OF BIRTH: 317-70-5108 05/10/61 Copies of the information pertaining to the qualification of this Order, should be sent to the Participant's attorney as indicated below: Thomas S. Diehl, Esquire 401 East Louther Street, Suite 103 Carlisle, PA 17013 5. "Assignment Date" shall mean the date of June 1, 2000. 6. This Order assigns to Alternate Payee an amount equal to FIVE THOUSAND DOLLARS ($5,000.00) of the Participant's account balance under the Plan. 7. The Alternate Payee shall be entitled to receiver the portion of the Plan benefits assigned her hereunder as of the Assignment Date, plus actual earnings and losses accrued to her portion after the Assignment Date through the date the assigned benefit is distributed to the Alternate Payee. Such distribution shall be paid in accordance with the Plan as soon as administratively possible. 8. The unassigned balance in the Participant's account in the Plan plus all earnings and losses thereon and any increases in his accrued benefits in the Plan occurring subsequent to the Assignment Date shall be the sole property of the Participant. 9. If the Participant predeceases the Alternate Payee prior to payment of the Alternate Payee's assigned benefit under the Plan, the Alternate Payee's benefit will not be affected. Her separate account will remain intact. In the case of the death of the Alternate Payee prior to distribution of her benefit from the plan, the assigned benefit will be paid to the Alternate Payee's designated beneficiary, or if none, to her estate. 10. For purposes of Section 402 and 72 of the Internal Revenue Code, and Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income tares on such distribution. IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED DOMESTIC RELATIONS ORDER AS SUCH AS DEFINED UNDER DECTION 414(p) INTERNAL REVENUE CODE OF 1986, AS AMENDED. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Relations Order. WITNESS- "Thomas S. Diehl, Esquire Date J HN O. DUDLEY *onardtner, Esquire Date PER G. DUDLEY AND NOW, this -L-7 day of , 2000, the within Qualified Domestic Relations Order is approves as such by this, the Court of Common Pleas of Cumberland County, Pennsylvania, pursuant to the request of the parties. ` , ,r r- ,, c?? :???_ ? _ ,.? ... ., h a COMMONW1,ALI f101,' PENN,SYI,VANIA C'01/NTYOI-drt416llilt/? : RN On this /,? 7-* day of 2000, before me, the undersigned officer, personally appeared JOHN O. UDLD EY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. COMMONWI,,ALTH OF PL'NNSYLVANIA C01INTY 0Q'0 ,uflk N- On this 344-day of JG? , 2000, before me, the undersigned officer, personally appeared TERRY G. DUDLEY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. TARY PUBLIC NOTARIAL SEAL Denise L. Foster, Notary Put:!ic Harrisburg, PA, Dauphin County My Commission Expires March 5, 2001 Tr?n1 11 !n n?.1.5. Dicrli_ SlrtLf!, 'It'll ;.? J[JL L r. ii[?[?