HomeMy WebLinkAbout07-4044
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JOHN E. DUNN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO Q'j - h~04~ CNIL TERM
TAMARA L. DUNN,
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment maybe entered against you by the Court. A
judgment may also be entered against you for any other claim or relief requested in these papers by the
Plaintiff. You may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
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JOHN E. DUNK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. D ~'• yo '~ ~ CIVIL TERM
TAMARA L. DUNK,
Defendant 1N DIVORCE
COMPLAINT IN DIVORCE
AND NOW, the Plaintiff, John E. Dunn, through his attorney, Dawn S. Sunday, Esquire, files
this Complaint in Divorce based upon the following:
1. The Plaintiff is John E. Dunn, an adult individual, residing at 66 Nottingham
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. The Defendant is Tamara L. Dunn, an adult individual, residing at 203A Mulberry Drive,
Cumberland County, Pennsylvania 17050.
3. The Plaintiff and Defendant were married on May 17, 1997 in
Cumberland County, Pennsylvania.
4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
5. There has been no prior action for divorce or annulment of marriage between the parties in
this or in any other jurisdiction.
6. Neither of the parties in this action is presently a member of the Armed Forces on active
duty.
7. The basis for this action is the irretrievable breakdown of the parties' marriage.
8. The Plaintiff has been advised of the availability of marriage counseling and that
Plaintiff may have the right to request that the Court require the parties to participate
in counseling.
WHEREFORE, the Plaintiff respectfully requests that the Court enter a decree of divorce
under Section 3301(c) or 3301(d) of the Divorce Code.
COUNT II - EQUITABLE DISTRIBUTION
9. The Plaintiff incorporates herein by reference the allegations stated in Pazagraphs 1 through
8 of this Complaint.
10. The Plaintiff and Defendant have legally and beneficially acquired property during
their marriage.
11. The parties plan to enter agreements for the resolution of their divorce and equitable
distribution issues through the collaborative family law process.
WHEREFORE, the Plaintiff respectfully requests that the Court equitably divide all marital
property.
Respectfully Submitted,
~'C~~~
Dawn S. Sunday, Esquire
Counsel for Plaintiff
ID No. 41954
39 West Main Street
Mechanicsburg, PA 17055-6230
(717) 766-9622
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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. Section 4904, relating to
unsworn falsification to authorities.
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JOHN E. DUNN,
Plaintiff
vs.
TAMARA L. DUNN,
Defendant
IN THE COURT OF COMMON PLE~S OF
CUMBERLAND COUNTY, PENNSYL ANIA
NO. ~7 -'`l~y`f" CIVIL TERM
1N DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Divorce Complaint on
authorized to do so.
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JOHN E. DUNN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION -LAW
N0.4044 CIVIL 2007
TAMARA L. DUNN,
Defendant IN DIVORCE
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this / ST day of /~~ycu.of" 2008,
between TAMARA DUNN, of 22 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania,
17015, hereinafter referred to as "Tammy," and JOHN DUNN, of 66 Nottingham Drive,
Mechanicsburg, Cumberland County, Pennsylvania, 17050, hereinafter referred to as "John."
RECITALS:
R.1: The parties hereto are John and Tammy, having been joined in marriage on May
17, 1997, in Mechanicsburg, Pennsylvania; and
R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Commonwealth of Pennsylvania, to Number 2007-4044, Civil Term; and
R.3: The parties hereto desire to settle fully and finally their respective financial and
property rights and obligations including, but not limited to aH matters between them relating to the
ownership of real and personal property, claims for spousal support, alimony, alimony pendente
lite, counsel fees and costs, and the settling of any and all claims and possible claims against the
other or against their respective estates.
R.4: Tammy and John have participated in the collaborative law process in order to
reach this Agreement.
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
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mutually kept and pertormed by each party, as well as for other good and valuable consideration
and intending to be legally bound, it is agreed as follows:
(1) SEPARATION: It shall be lawful for each party at all times hereafter to live
separate and apart from the other party at such place or places as he or she from time to time
may choose or deem fit, free from any control, restraint or interterence from the other. Neither
party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by
any legal or other proceeding. Each party shall be free of the interference, authority or contact by
the other as if he or she was single and unmarried except as maybe necessary to cany out the
terms of this agreement.
(2) DIVORCE: Tammy and John acknowledge that the marriage is irretrievably
broken and that they will secure a mutual consent no-fault divorce. Within ten days of the
execution of the agreement and after ninety (90) days have passed from the date of service of the
Complaint, both will execute and file Affidavits of Consent and Waivers of Notice. John then can
go forward to file a Praecipe to obtain a Decree in Divorce.
(3) REAL PROPERTY: Tammy and John are the owners of a marital home located at
66 Nottingham Drive, Mechanicsburg, Cumberland Caunty, Pennsylvania. Both of them agree
that the property will be exclusively John's. John has refinanced the property so that Tammy is no
longer liable on the mortgage. Tammy has executed a special warranty deed prepared by John to
transfer her interest in the home to him and hereby waives all right, title or interest in the house.
John will pay the mortgage, taxes, insurance and utilities. As to such obligations, John will
indemnify and hold Tammy harmless.
(4) DEBT:
A. Marital Debt: John and Tammy acknowledge and agree that there are no other
outstanding debts and obligations which are marital or for which the other might be liable incurred
prior to the signing of this Agreement, except as follows:
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i. Littman's charge account in the original amount of $721.50;
ii. Kohl's charge account in the original amount of $407.42; and
iii. Approximately $1,200.00 owed by Tammy and John to John's grandmother's
estate.
1: John shall pay the obligations to his grandmother's estate and to Littman's in a
timely manner as the payments come due. When the payment to Littman's is paid in full, John
will advise Tammy so that she can close the account. As to such obligation, John will indemnify
and hold Tammy harmless.
2: Tammy shall pay the obligation to Kohl's by making timely monthly payments in
at least the minimum amount due until paid in full. As to such obligation, Tammy will indemnify
and hold John harmless. Tammy warrants that the Kohl's account is in her name only.
Each party shall pay the outstanding joint debts as set forth herein and further agrees to
indemnify and save harmless the other from any and all claims and demands made against either
of them by reason of such debts or obligations.
B: Post Separation Debt: In the event that either party contracted or incurred any
debt since the date of separation on June 1, 2007, the party who incurred said debt shah be
responsible for the payment thereof regardless of the name in which the debt may have been
incurred.
C: Future Debt: From the date of this agreement neither party shall contract or incur
any debt or liability for which the other party or his or her property or estate might be responsible
and shall indemnify and save the other party harmless from any and all claims or demands made
against him or her by reason of debts or obligations incurred by the other party
(5) MOTOR VEH{GEES: Each party relinquishes any right, title and interest he or she
may have to any and a!I motor vehicles currently in possession of the other party. John shall
retain the 2001 Corvette. Tammy has purchased a 200$ Honda Accord LX and John waives any
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any interest he might have in that vehicle.
(6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they
have effected a satisfactory division of the furniture, household furnishings, appliances, tools and
other household personal property between them, and they mutually agree that each party shall
from and after the date hereof be the sole and separate owner of all such property presently in his
or her possession whether said property was heretofore owned jointly or individually by the parties
hereto. This agreement shall have the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual possession of each of the parties hereto.
(7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right,
title or interest he or she may have in or to any intangible personal property currently titled in the
name of or in the possession of the other party, including, but not limited to, stocks, bonds,
insurance, bank accounts, individual retirement accounts, employment benefits including
retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like.
Specifically:
A. John will transfer to Tammy, via Qualified Domestic Relations Order,
$57,373.00 from his Spankey's Auto Sales, Inc. 401 (k) retirement plan. Said rollover shall
be into an IRA for Tammy and shall be without tax consequences to either party.
Tamm~s counsel will prepare the qualified domestic relations order to effect the transfer
and John will provide all instructions and sample orders provided by the plan administrator
to aid in the drafting of the order. The parties will equally share any fee charged by the
plan administrator incurred to give effect to the QDRO. After the transfer has been made,
Tammy will sign a waiver of interest in the 401 (k) plan required to assure that the balance
of the plan is John's separate property.
B. Tammy will retain her American Funds IRA.
C. Tammy and John have agreed that the contents of the joint Americhoice
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account number 4026 will be John's exclusive property and that Tammy will cooperate in
closing the joint Americhoice account or in removing her name from the account so that it
can be John's sole and separate property. Tammy will retain the contents of her Members
1 ~ account number 9708.
D. John will keep the cash value of his Allstate life insurance policy.
E. John has paid to Tammy $31,000.00 from his inheritance. Tammy waives
any interest she may have in the balance of John's inheritance.
(8) LIFE INSURANCE: John will provide to Tammy proof that she is returned as co-
beneficiary of his Allstate life insurance policy with an interest of $30,000.00 in the death benefit.
John will maintain Tammy as the co-beneficiary of that policy for the duration of his alimony
obligation.
(9) ALIMONY: John will pay Tammy $885.00 per month as alimony, commencing
August 10, 2008 and continuing on the same date of each month thereafter for 24 months at
which time the amount shall reduce to $585.00 for 12 additional months. Alimony shall be
nonmodifiable and shall terminate upon Tammy's death or John's death.
The alimony payments set out herein shall be paid directly by John to Tammy except
that Tammy may seek enforcement of the alimony obligation through the Office of Domestic
Relations of Cumberland County in the event that the alimony payments are not timely and
completely made. The parties agree to precede any resort to the courts with a good faith
attempt to resolve their dispute through counsel, a mediator or the collaborative law process.
(10) COUNSEL FEES: John will pay Tammy's outstanding attorney's fees which, as
of July 21, 2008, stand at $3,493.00 less a credit of $500.00 which Tammy owes John. John
may pay any outstanding attorney's fees pursuant to this paragraph by making equal monthly
installments of $1,000.00 commening the month following the date of this Agreement until paid
in full.
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(11) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been
notified of his or her right to consult with counsel of his or her choice, and have been provided a
copy of this agreement with which to consult with counsel. Tammy is represented by Carol J.
Lindsay, Esquire and John is represented by Dawn Sunday, Esquire. Each party acknowledges
and accepts that this agreement is, under the circumstances, fair and equitable, and that it is
being entered into freely and voluntarily after having received such advice and with such
knowledge as each has sought from counsel, and the execution of this agreement is not the result
of any duress or undue influence, and that it is not the result of any improper or illegal agreement
or agreements.
(12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
(13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax
returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is
proposed, or assessment of any such tax is made against either of them, each will indemnify and
hold harmless the other from and against any loss or liability for any such tax deficiency or
assessment and any interest, penalty and expense incurred in connection therewith. Such tax,
interest, penalty or expense shall be paid solely and entirely by John.
(14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement
shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations
contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a
discharge of any obligations assumed hereunder, the other party shall have the right to declare
this Agreement to be null and void and to terminate this Agreement in which event the division of
the parties' marital assets and all other rights determined by this Agreement including alimony
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shall be subject to court determination the same as if this Agreement had never been entered
into.
(15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent,
acknowledge and agree that each is fully and completely informed of, and is familiar with, the
wealth, real and personal property, estate and assets, earnings and income of the other and has
made any inquiry he or she desires into the income or estate of the other and received any such
information requested. Each has made a full and complete disclosure to the other of his and her
entire assets, liabilities, income and expenses and any further enumeration or statement thereof in
this Agreement is specifically waived.
(16) RIGHTS AND RESPONSIBILITIES: John and Tammy acknowledge that each of
them has read and understand his and her rights and responsibilities under this Agreement and
that they have executed this Agreement under no compulsion to do so but as a voluntary act.
(17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby
releases the other from any and all claims, or demands up to the date of execution hereof. It is
further specifically understood and agreed by and between the parties hereto that each party
accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all
of said party's rights against the other for past, present and future claims on account of support,
maintenance, alimony, alimony pendente life, counsel fees, costs and expenses, equitable
distribution of marital property and any other claims of the party, including all claims which have
been raised or may be raised in an action for divorce.
(18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in
this Agreement, John and Tammy, for themselves, their heirs, representatives and assigns, each
hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs,
representatives, assigns and estate, from and with respect to the following:
A. All liability, claims, causes of action, damages, costs, contributions and
expenses or demands whatsoever in law or in equity;
B. All rights, title, interest or claims in or to any property of the other, whether
real, personal or mixed and whether now owned or hereafter acquired;
C. All rights of courtesy and dower and all claims or rights in the nature of
courtesy and dower;
D. All widow or widower's rights;
E. All right, title, interest or claim in or to the other's estate, whether now
owned or hereafter acquired, including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance;
and
(4) all other rights or authority to participate or intervene in a deceased
spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country,
territory, state or political subdivision.
F. All rights or claims to any accounting;
G. All rights, claims, demands, liabilities and obligations arising out of or in
connection with the marital relationship or the joint ownership of property, whether real, personal
or mixed;
H. All rights, claims, demands, liabilities and obligations arising under the
provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time,
and under the provisions of any similar statute enacted by any other country, state, territory or
political subdivision;
I. All rights, claims, demands, liabilities and obligations each party now has, or
may hereafter have, against or with respect to the other.
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(19) GOVERNING LAW: This Agreement shall be construed under the law of the
Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or
unenforceable, all other provisions shall continue in full force and effect.
(20) INCORPORATION INTO DECREE: In the event that either of the parties shall
recover a final judgment or decree of absolute divorce against the other in a court of competent
jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance
but shall not be merged into such judgment or decree and this Agreement shall survive any such
final judgment or decree of absolute divorce and shall be entirely independent thereof.
(21) BREACH: If either party breaches any provision of this Agreement, Tammy and
John agree to consider using the Collaborative process or mediation to assist them in resolving
any issues before taking formal legal recourse. However, either party shall have the unrestricted
right, at his or her election, to sue for damages for such breach, or to seek such other remedies or
relief as may be available at law or in equity. In the event of a breach, the non-breaching party
shall be paid all costs, including reasonable counsel fees incurred as a result of the breach.
(22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions, representations, or agreements, oral
or written, of any nature whatsoever, other than those herein contained.
(23) DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS: Each party
understands that she or he has the right to obtain from the other party a complete inventory or list
of all of the property that either or both parties own at this time or owned as of the date of
separation and that each party has the right to have all such property valued by means of
appraisals or otherwise. Both parties understand that they have the right to have the Court hold
hearings and make decisions on the matters covered by this Agreement. Both parties understand
that a Court decision concerning the parties' respective rights and obligations might be different
from the provisions of this Agreement. Both parties waive the following procedural rights: (a) The
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right to obtain an Inventory and Appraisement of all marital and separate property as defined by
the Pennsylvania Divorce Code; (b) The right to obtain an Income and Expense Statement of the
other party as provided by the Pennsylvania Divorce Code; (c) The right to have the Court
determine which property is marital and which is non-marital and equitably distribute between the
parties that property which the Court determines to be marital; (d) The right to have the Court
decide any other rights, remedies, privileges, or obligations covered by this Agreement, including
but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite,
counsel fees, costs and expenses.
(24) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind
the parties hereto, their respective heirs, executors and assigns.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto
set their hands and seals the day and year first written above.
WITNESS:
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JOHN E. DUNN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION -LAW
N0.4044 CIVIL 2007
TAMARA L. DUNN,
Defendant IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 5,
2007.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in 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 to the best of my
knowledge, information and belief. 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: ~ a. \ O `a 1... .
-_
Tammy L. Dunn
DEFENDANT'S 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
FLOWER ~
LINDSAY
26 West High Street
Carlisle, PA
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 to the best of my
knowledge, information and belief. 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: 1 p~
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Tammy L. Dunn
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JOHN E. DUNN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION -LAW
N0.4044 CIVIL 2007
TAMARA L. DUNN,
Defendant IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 5,
2007.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in 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 to the best of my
knowledge, information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to author' ' s.
Date: ~ ~~~ ~~~ ~ ~~
Joh E. Dunn
PLAINTIFF'S 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
SAIDIS,
FLOWER Sz
LIlVDSAY
xruw
26 West High Street
Carlisle, PA
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 to the best of my
knowledge, information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to autho
Date: ~ ~ Zt'. ~~
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,Joh!/~ E. Dunn
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JOHN E. DUNN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
vs.
TAMARA L. DUNN,
Defendant
To the Prothonotary:
NO.2007-4044 CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Please transmit the record, together with the following information to the Court for entry of a
divorce decree:
Ground for divorce: irretrievable breakdown under §3301(c)
2. Date and manner of service of the complaint: Acceptance of Service si nay
Defendant's counsel on July 19, 2007 and filed on July 20, 2007.
3. Date of execution of the affidavit of consent required by § 3301(c) of the divorce code:
by plaintiff July 21, 2008 ; by defendant July 21, 2008.
4. Related claims pending: None. All claims resolved by agreement between the parties
dated August 1, 2008.
5. Date plaintiff s Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary:
Enclosed for filing.
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the
Prothonotary Enclosed for filing.
-~.
Attorney for Plaintiff
Dawn S. Sunday, Esquire
ID # 41954
39 W. Main Street -Suite 1
Mechanicsburg, PA 17055-6230
(717) 766-9622
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JOHN E. DUNN,
Plaintiff
v.
TAMARA L. DUNN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
N0.4044 CIVIL 2007
IN DIVORCE
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 communing 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 property identify the Participants and Altemate Payees in a particular
Plan. This cover sheet will be circulated only among the parties and the Plan Administrator,
unless required by the Court or otherwise directed by the parties or the Plan Administrator.
The Participant is John E. Dunn, whose current address is 66 Nottingham Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17050-2644, and whose Social
Security Number is 075-56-5240 and whose date of birth is May 13, 1960.
The Alternate Payee is Tamara L. Dunn, whose current address is 22 Derbyshire
SAIDIS,
FIAWER St
LINDSAY
nr~o~avEt~•,~ruw
26 West High Street
Carlisle, PA
Drive, Carlisle, Pennsylvania 17015, and whose Social Security Number is 176-52-4834
and whose date of birth is October 5, 1959.
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JOHN E. DUNN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION -LAW
N0.4044 CIVIL 2007
TAMARA L. DUNN,
Defendant IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this 1 Z "~ day of dc,--a~- , 2008, upon consideration of the
parties' Marital Settlement Agreement, this Qualified Domestic Relations Order as that term
is defined and applied under Section 414(p) of the Internal Revenue Code of 1986 or any
successor statute thereto (the "Code") is entered. As the terms of this Order have been
stipulated and agreed to by the parties, and the Court has been fully advised thereof, IT IS
HEREBY ORDERED AS FOLLOWS:
1. Background. This Order pertains to the Spankey's Auto Sales, Inc. 401 (k)
Retirement Plan (hereinafter referred to as the "Plan"); is incorporated into the judgment
order dissolving the marriage of the parties; and may be amended if necessary to comply
with the Code. The Court retains jurisdiction of the subject matter hereof and the parties
hereto to enforce the terms of this Order.
2. Applicable Law. This Order is intended to be a Qualified Domestic
SAIDIS,
FIAWER ~
LINDSAY
~~.~.~W
26 West High Street
Carlisle, PA
Relations Order (hereinafter referred to as "QDRO") as that term is defined by Section
414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA. This Order relates to
the equitable division of martial property as defined under the Pennsylvania Domestic
Relations Code of 1980, as amended.
3. Definitions. As used in this Order, the following terms shall apply:
a. "Participant" shall mean John E. Dunn, whose current address is 66
Nottingham Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050-2644, and
whose Social Security Number is 000-00-5240 and whose date of birth is May 13, 1960.
b. "Alternate Payee" shall mean Tamara L. Dunn, whose current
address is 22 Derbyshire Drive, Carlisle, Pennsylvania 17015, and whose Social Security
Number is 000-00-4834 and whose date of birth is October 5, 1959.
c. "Plan" shall mean Spankey's Auto Sales, Inc. 401(k) Retirement
Plan.
4. Assignment to Alternate Payee. The Alternate Payee (who is the former
spouse of the Participant) is awarded and assigned the value of FIFTY-SEVEN
THOUSAND THREE HUNDRED SEVENTY-THREE AND 00/100 ($57,373.00) DOLLARS
from Participant's interest in the Plan. Any outstanding loans shall be treated or allocated
as follows: Participant shall continue to make payment on any outstanding loans and such
loans shall not in any way affect the Alternate Payee's monetary benefit as assigned in this
paragraph.
5. Commencement of Assigned Benefits to Alternate Payee. The Alternate
Payee shall receive the Alternate Payee's assigned benefit under the Plan as soon as
administratively practicable following the Plan Administrator's determination that this Order
is a Qualified Domestic Relations Order.
6. Form of Payment. The Alternate Payee shall receive the assigned benefit
SAIDIS,
FTAWER ~.
LINDSAY
nrroxr~sntuw
26 West High Street
Carlisle, PA
under this Order in the form of a single sum cash payment designated to a separate IRA
account, in Alternate Payee's name, individually, and the Alternate Payee hereby consents
to such form of payment.
7. Death of Participant. The death of the Participant, either before or after the
Alternate Payee has received payment of the Alternate Payee's assigned benefit, shall
neither affect the Alternate Payee's right to payment of the assigned benefit nor entitle the
Alternate Payee to any additional benefits.
8. Death of Alternate Payee.
a. Before Commencement to Alternate Payee. If the Alternate Payee
dies prior to receiving payment of the benefits assigned under this Order, the benefits
payable under this Order shall be paid to Alternate Payee's estate.
b. After Commencement to Alternate Payee. If the Alternate Payee
dies after receiving payment of the benefits assigned under this Order, no additional
benefits shalt be payable under this Order.
9. Plan Provisions to Govern. This Order shall not be construed to require
the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to take
any action which is inconsistent with any provision of the Plan, as now or hereafter in effect.
The Participant and the Alternate Payee shall be subject to all of the provisions of the Plan
and any administrative rules as from time to time in effect under the Plan.
10. Limitations. This order shall not be construed to require the Plan, the
Administrator, or any trustee or other fiduciary with respect to the Plan to:
a. Make any payment or take any action which is inconsistent with any
federal law, rule, regulation, or applicable judicial decision;
b. Provide any type or form of benefit, or any option, which is not
otherwise provided under the provisions of the Plan;
c. Pay benefits to the Alternate Payee that are required to be paid to
SAIDIS,
FIAWER Sz
LINDSAY
nrrortNtlsaruw
26 West High Street
Carlisle, PA
another alternate payee under another order previously determined to be a Qualified
Domestic Relations Order in accordance with the provisions of Code Section 414(p) and
Section 206(d) of the Employee Retirement Income Security Act.
11. Mailing to Last Known Address. All appropriate payments, notices and
other communications shall be mailed to the Participant and the Alternate Payee at the
respective addresses set forth in Paragraph 3 above, until such time as the Participant or
Alternate Payee advises the Plan Administrator in writing of the occurrence of a change of
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address. Any benefit payment or communication to the Alternate Payee at the Alternate
Payee's last known address shall operate on a complete discharge of the obligations, with
respect to such payment or communication, of the Plan.
12. Parties to Cooperate. If the Plan Administrator of the Plan does not agree
that this is a "Qualified" Domestic Relations Order under Code Section 414(p), each party
shall cooperate and do all things reasonably necessary to devise a form of Order
acceptable to the Administrator as a Qualified Domestic Relations Order.
13. The parties shall properly submit this Order to the Plan Administrator for
determination of its status as a Qualified Domestic Relations Order.
14. The Court retains jurisdiction to amend this Order as might be necessary to
establish or maintain its status as a Qualified Domestic Relations Order.
15. This Order is entered by a court of competent jurisdiction for Domestic
Relations law in the Commonwealth of Pennsylvania and is entered pursuant to the parties'
Marital Settlement Agreement and in furtherance of the division of their marital property
rights.
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Date
SAIDIS,
LIlVDS
nr[ort~vtts.nruw
26 West High Street
Carlisle, PA
BY THE COURT:
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articipant:
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ohn .Dunn
Dated: /p ~ p g
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Alternate Payee:
Tamara L. Dunn
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COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this ~ S+ day of __~~ph , 2008, before me, the undersigned
officer, personally appeared JOHN E. DUNN, 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 purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public '
Co~hdo~ flee T IO1M1
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this ~ day of ~[~,~p(~-.-~~-~ , 2008, before me, the undersigned
officer, personally appeared TAMARA L. DUNN, 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 purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
otary Public
BARBARA E. STEEL,1-totaryr t~bNt
Carlisle Bom, Cumberland Coaaty, PA
-!~• Commission Ex ices lone 7, 2011
SAIDIS,
FLOWER Si
LIlVDSAY
A'~'mrtrvetsnr•uw
26 West High Street
Carlisle, PA