HomeMy WebLinkAbout07-55860
NANCY L. COOK,
Plaintiff
VS.
PHILLIP C. COOK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07- 67S JF4 CIVIL TERM
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the Court. A
judgment may also be entered against you for any other claim or relief requested in these papers by the
Plaintiff. You may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE 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
NANCY L. COOK,
Plaintiff
VS.
PHILLIP C. COOK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
• Sc??G
07- CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, the Plaintiff, Nancy L. Cook, through her attorney, Dawn S. Sunday, Esquire
files this Complaint in Divorce based upon the following:
1. The Plaintiff is Nancy L. Cook, an adult individual, residing at 29 Village Court,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. The Defendant is Phillip C. Cook, an adult individual, residing at 923 East Lisburn
Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The Plaintiff and Defendant were married on July 14, 1979, in Perry 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 parties' marriage is irretrievably broken.
8. The Plaintiff has been advised of the availability of marriage counseling and that she
may have the right to request that the Court require the parties to participate in
counseling, and does not request counseling.
COUNT II - EQUITABLE DISTRIBUTION
9. The Plaintiff incorporates herein by reference the allegations stated in Paragraphs 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 into 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 enter a decree of
divorce under Section 3301(c) or 3301(d) of the Divorce Code and equitably divide all marital
property pursuant to the parties' agreements.
Respectfully Submitted,
Dawn S. Sunday, Esquire
Counsel for Plaintiff
ID No. 41954
39 West Main Street
Mechanicsburg, PA 17055-6230
(717) 766-9622
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
unworn falsification to authorities.
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NANCY L. COOK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 07-5586 CIVIL TERM
PHILLIP C. COOK,
Defendant IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you must file a
counter-affidavit within twenty days after this affidavit has been served on you or the statements
will be admitted.
AFFIDAVIT UNDER & 3301(D) OF THE DIVORCE CODE
I. The parties to this action separated on February 18, 2006 and have
continued to live separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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.
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.
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NANCY L. COOK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 07- 5Te4r CIVIL TERM
PHILLIP C. COOK,
Defendant IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Divorce Complaint on behalf of Phillip C. Cook and certify that I am
authorized to do so.
bat Theresa Barrett Male, Esquire
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07- 55810
MARITAL SETTLEMENT AGREEMENT
This Agreement is entered into on April yam, 2008 between NANCY L. COOK
("NANCY") and PHILLIP C. COOK ("PHILLIP").
RECITALS
Party Birthdate Social Security #
Wife 06/13/60 xux-xu-7644
Husband 12/30/57 xxx-xx-1146
Date of Marriage 07/14/79
Place of Marriage Marysville PA
Last Marital Residence 923 E. Lisburn Rd. Mechanicsburg, PA
Children
Name Birthdate Resides With
Cheryl Eckman 08/11/83 Self
Alan Cook 12/29/85 Husband
Karen Cook 06/23/87 Wife
Court Actions:
Caption Docket # Status
Cook v. Cook 07-5586 Pending
The parties desire to settle fully and finally their respective financial and property
rights and obligations as between each other, including but not limited to the ownership and
equitable distribution of real and personal property; past, present and future support, alimony
and/or maintenance; child custody and child support, if applicable; and any and all claims
which either party has, or may have, against the other or the other's estate.
In consideration of the mutual promises, covenants and undertakings hereinafter set
forth and for other good and valuable consideration, receipt of which the parties
acknowledge, NANCY and PHILLIP, each intending to be legally bound, hereby covenant and
agree to the terms set forth in this Agreement.
q 1- SEPARATION
Each party shall have the right to live separate and apart from the other party, free
from the other party's interference, authority and control. Neither party shall harass the other
or attempt to harass the other, nor compel the parties' cohabitation.
q 2 - WAIVER OF RIGHTS AND MUTUAL RELEASES
Except as provided in this Agreement, both parties absolutely and unconditionally
release and forever discharge each other and their heirs, executors, administrators, assigns,
property and estates from any and all rights, claims demands or obligations arising out of or
by virtue of the marital relationship, whether such claims exist now or arise in the future. This
release shall be effective regardless of whether such claims arise out of former or future acts,
contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow's rights,
family exemption or similar allowance, or under the intestate laws, or the right to take
against the spouse's will, or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's
estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory
of the United States, or other country.
2
Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement, each party
gives to the other an absolute and unconditional release and discharge from all causes of
action, claims, rights or demands whatsoever, in law or in equity, which either party ever had
or now has against the other, including but not limited to alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees or expenses.
13 - EFFECT OF DIVORCE DECREE ON AGREEMENT
Either party may enforce this Agreement as provided in section 3105(a) of the Divorce
Code. As provided in section 3105(c), provisions of this Agreement regarding equitable
distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to
modification by the court.
NANCY intends to secure a unilateral divorce pursuant to section 3301(d) of the
Divorce Code. Accordingly, NANCY'S counsel will file and serve a 3301(d) affidavit on
PHILLIPS counsel concurrently with the parties' preparation of this Agreement. NANCY will
not finalize the divorce until April 20, 2008.
14 - DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement is the date upon which
it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date
of execution" or "execution date" shall be the date on which the last party signed this
Agreement.
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q 5 - HEADINGS NOT PART OF AGREEMENT
The descriptive headings preceding the paragraphs are for convenience and shall not
affect the meaning, construction or effect of this Agreement.
cl 6 - SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
Each separate obligation shall be deemed to be a separate and independent covenant
and agreement. If a court declares any term, condition, clause or provision of this agreement
void or invalid in law or otherwise, then only that term, condition, clause or provision shall be
stricken. In all other respects, this agreement shall be valid and continue in full force, effect
and operation.
'17 - ADDITIONAL INSTRUMENTS
Within ten (10) days after a request to do so, each party shall execute, acknowledge
and deliver to the other any and all instruments, assignments, releases, satisfactions, deeds,
notes or other writings that may be necessary to give full force and effect to this Agreement.
q 8 - AGREEMENT BINDING ON HEIRS
This Agreement shall be binding on and shall inure to the benefit of the parties and
their respective heirs, executors, administrators, successors and assigns.
cl 9 - INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes
any and all prior agreements and negotiations between them. There are no representations,
warranties, covenants or promises other than those expressly set forth in this Agreement.
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q 10 - MODIFICATION OR WAIVER TO BE IN WRITING
No modification or waiver of any term of this Agreement shall be valid unless in
writing and signed by both parties.
911- NO WAIVER OF DEFAULT
Either party's failure to insist upon strict performance of any term of this Agreement
shall in no way affect the right of that party to enforce the term.
1 12 - APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
c1:13 - ATTORNEYS' FEES, COSTS AND EXPENSES FOR ENFORCEMENT
The breaching party shall pay all reasonable legal fees, costs and expenses incurred
by the other in enforcing this Agreement, providing that the enforcing party is successful in
establishing that a breach has occurred.
c l:14 - VOLUNTARY EXECUTION
Each party understands the terms and conditions of this Agreement and
acknowledges that the Agreement is fair and equitable. The parties have reached this
Agreement freely and voluntarily, without any duress, undue influence, collusion or improper
or illegal agreements.
cl 15 - DISCLOSURE OF ASSETS AND COLLABORATIVE PROCESS ELECTION
After consultation with their attorneys regarding the options available for divorcing
couples, NANCY and PHILLIP chose the Collaborative Law process. In the Collaborative Law
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Participation Agreement which they signed before beginning their negotiations, NANCY and
PHILLIP waived certain rights, including the right to have a court assess or evaluate their real
estate, personal property, estate and assets, earnings and income, and the right to seek
discovery unless they otherwise agreed. The parties committed to full and fair disclosure of
their assets, incomes, debts and all other information needed to reach a comprehensive
settlement.
NANCY and PHILLIP confirm that they had the opportunity to request and receive
documentation, including financial statements, paystubs, and appraisals, and that they
disclosed to each other their income, assets and liabilities. The parties waive any right to
further disclosure, valuation, enumeration or statement of income, assets or liabilities, and
neither party wishes to make or append to this agreement any additional enumeration or
statement.
During their negotiations, NANCY and PHILLIP considered what might happen if
certain issues were adjudicated in court, and had an opportunity to discuss independently
with counsel their rights under the Divorce Code and other applicable laws. Nevertheless,
they elected to enter into this agreement without regard to a court-adjudicated outcome.
Throughout the Collaborative Law process, NANCY and PHILLIP represented to each other
that they were negotiating in good faith and that each fully and completely disclosed all
financial information necessary or requested to resolve their property and support issues
fairly. By signing this Agreement, they reaffirm those representations, upon which each party
has relied in entering into this Agreement.
6
The parties acknowledge that, other than inspecting the documents provided by the
parties, their Collaborative attorneys have not made any independent investigation of the
character, value, or extent of the parties' assets, debts or income. In entering into this
agreement, the parties are relying on their disclosures to each other and not on independent
verification by their attorneys of the accuracy or completeness of the parties' disclosures. If
either party later determines that the other has failed to disclose fully and fairly that party's
income, assets and liabilities, the determining party retains a right to assert against the other
a claim for failure to disclose, including but not limited to imposition of a constructive trust.
c l:16 - NANCY'S AND PHILLIP'S DEBTS
Except as otherwise set forth in this Agreement, NANCY and PHILLIP represent and
warrant to each other that they have not incurred and will not contract or incur any debt or
liability for which the other or the other's estate might be responsible. Each party shall
indemnify and save harmless the other from any and all claims or demands made against
the other by reason of debts or obligations incurred by that party.
q 17 - ADVICE OF COUNSEL
NANCY retained as her counsel DAWN S. SUNDAY, ESQUIRE. PHILLIP retained as his
counsel THERESA BARRETT MALE, ESQUIRE. Each party acknowledges receiving
independent legal advice from counsel, including all rights under the Divorce Code and other
applicable laws. Additionally, their counsel have explained fully the provisions of this
Agreement and their legal effect.
7
918 - EQUITABLE DISTRIBUTION
1. Real Estate
The parties own as tenants by the entireties improved real estate located at 923 E.
Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania ("marital residence.
Concurrently with execution of this agreement, NANCY shall execute and deliver to PHILLIP a
deed transferring to PHILLIP her right, title and interest in and to the property, under and
subject to the mortgage and encumbrances of record. PHILLIP shall be liable solely for all
expenses associated with the property, as more particularly set forth below.
During the marriage, the parties purchased two cemetery lots and one adult burial
vault. Concurrently with execution of this agreement, PHILLIP shall execute and deliver to
NANCY a deed transferring to NANCY his right, title and interest in and to this property.
PHILLIP also will execute timely all other documents which may be necessary to effect this
transfer.
2. Investments and Other Accounts
During the marriage, Husband's parents made a gift of 200 shares of Allied Irish
Banks stock, which was titled in both names. NANCY and PHILLIP have agreed that the
current value of the stock is $7,800, and that NANCY shall receive her share of this asset, i.e.,
$3,900, in the roll-over from PHILLIP'S 401(k), as more particularly set forth in paragraph
18.4. From and after the date on which the parties sign this Agreement, NANCY shall not
have any additional claim to the stock, which shall be PHILLIP'S sole and exclusive property.
Both parties shall execute all documents necessary to transfer the 200 shares of stock into
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PHILLIP'S name alone not later than thirty (30) days after the execution date of this
Agreement. PHILLIP will retain the stock dividends he has received since the parties
separated and NANCY will not have any claim to those funds.
Prior to executing this Agreement, the parties distributed the monies in all bank,
money market, and similar accounts, and each party waives any claims to the accounts
retained by the other party. Additionally, each party shall retain, without claim or offset by
the other, all bank accounts which each has maintained since separation.
3. Life Insurance Policies
Each party represents and warrants to the other that neither has acquired any life
insurance policy during the marriage with a cash or surrender value, including the increase in
cash or surrender value of any pre-marital policies. If the parties have not done so already,
from and after the date of this agreement, they shall be entitled to designate a beneficiary of
any term policy which either may have acquired during the marriage.
4. Pension and Retirement Benefits
The parties represent and warrant to each other that neither party acquired a defined
benefit plan during the marriage. Each party did acquire a defined contribution plan, which
NANCY and PHILLIP valued as follows:
NANCY'S TIAA -CREF $29,767
PHILLIP'S 401(k) $34,774
NANCY and PHILLIP have agreed that NANCY will receive $21,000.00 from PHILLIP'S
401(k) plan. This roll-over amount includes:
a. $15,000 towards NANCY'S share of the equity in the marital residence and the
twenty percent (20%) tax liability she will incur in 2008 upon withdrawing these
funds.
b. $3,900 towards NANCY'S share of the stock value.
C. $2,500, representing 50% of the difference in the values of the parties'
retirement plans.
d. $643 credit to PHILLIP for the tax refund he would have received if he had filed
his 2007 income taxes separately.
If a qualified domestic relations order is necessary to implement this award, NANCY and
PHILLIP will share the actuary's expense for preparing the order.
5. Tangible Personalty
PHILLIP will retain sole and exclusive possession of the personal property in his
possession with the exception of those items which the parties have agreed that NANCY will
receive, including the dining room set. NANCY shall retain sole and exclusive possession of
the personal property in her possession. From and after the execution date of this
Agreement, neither party shall make a claim for any property retained by the other.
6. Joint Debts and Liabilities
The only joint debt incurred during the marriage and unsatisfied as of the execution
date of this agreement is the home equity line of credit. Within thirty (30) days of the
execution date of this Agreement, or as reasonably close to that date as possible, PHILLIP
shall satisfy this debt in conjunction with financing the cash payment due NANCY under
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paragraph 19. Within ten (10) days of NANCY'S request, PHILLIP shall provide her with
written confirmation that he has satisfied this debt.
Any obligations incurred by either party in his or her individual name, whether incurred
before or after separation, and including credit cards, are the sole responsibility of the party in
whose name the debt or obligation was incurred. PHILLIP represents and warrants to NANCY
that she is not a responsible party, or indebted, on any credit cards which he has retained.
919 - CASH PAYMENT
Within thirty (30) days of executing this Agreement, or as reasonably close to that
date as possible, PHILLIP shall pay NANCY $64,600.00 in cash. This represents a portion of
NANCY'S share of the equity in the marital residence, i.e., $65,000, minus the $400.00
which NANCY has agreed to pay PHILLIP towards his health insurance premiums, as more
particularly described in paragraph 23. This payment shall not be treated as alimony by
either party.
9 20 - SPOUSAL SUPPORT, APL AND ALIMONY
Neither party shall pay spousal support, alimony pendente lite and alimony to the
other, and both parties waive their right to claim such payments.
121- COUNSEL FEES, COSTS AND EXPENSES
Each party shall be responsible for payment of his/her counsel fees, costs and
expenses and neither party shall make a claim against the other for contribution.
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9 22 - TAX CONSEQUENCES OF PROPERTY TRANSFER
The parties have negotiated this agreement with the understanding that the property
transfers described in this agreement fall within the provisions of section 1041 of the Internal
Revenue Code, and as such will not result in the recognition of any gain or loss upon the
transfer by the transferor.
Tax Returns
NANCY and PHILLIP have agreed to file joint federal income tax returns for 2007.
NANCY will pay the estimated $980 in federal income tax which will be due. PHILLIP will
receive a credit of $643 for the income tax refund which he would have received if he had
filed a separate return. This credit has been included in the parties' calculation of the amount
which NANCY will receive from PHILLIP'S 401(k) plan, as more particularly set forth in
paragraph 18.4.
The parties will file their state income tax returns after weighing the advantages of
filing jointly versus separately, as they did with their federal income tax returns, and file
individually their local returns. NANCY and PHILLIP have agreed to file their federal and state
income tax returns not later than March 15, 2008.
If any deficiency in the parties' income tax is proposed as a result of any tax year in
which the parties filed joint returns, or any assessment of any such tax is made against the
parties, then, prior to settling or contesting any such claims, the parties shall pay the tax,
interest, penalty or expense assessed or proposed to be assessed against them on a pro-rata
share according to their respective income levels. The parties also will pay all costs and
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expenses for defending any tax audits relating to the parties' tax returns and tax liabilities on
the same pro-rata basis. If such audit reveals that either party was responsible for
misrepresentations, errors, failures to disclose, and/or omissions in the reporting of that
party's income, expenses, deductions, interest, etc., then that party shall assume solely and
entirely all tax liabilities, including the payment of interest and penalties, which are assessed
against the parties as a result. In that event, the responsible party shall indemnify and hold
the other harmless from and against any loss or liability for all such tax deficiencies, including
but not limited to reasonable legal and accounting fees and costs.
Federal Income Tax Rebate Payment
NANCY and PHILLIP will share equally the 2008 tax rebate payment which is
estimated at $1,200, plus $300 for each dependent child, for couples filing a joint return with
adjusted gross income of less than $150,000.
Tax Notices
Within five (5) calendar days of either party's receipt of any deficiency notice or other
correspondence from the Internal Revenue Service, the Pennsylvania Department of
Revenue, or the local taxing authority, the receiving party shall provide the other with a copy
of such notice and/or correspondence.
123 - HEALTH INSURANCE
NANCY will continue to provide health insurance coverage for PHILLIP until the divorce
decree is entered. From and after that date, she will not have any responsibility for this, and
PHILLIP will secure his own coverage through his employer. NANCY will pay PHILLIP $400.00
13
towards the health insurance premiums which he will incur in the first five months following
entry of the divorce decree. PHILLIP will reimburse NANCY 50% of the uninsured portion of
the cost for Karen's eyeglasses.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first written above.
Witness
Dawn S. Sunday, Esquire
Theresa Barrett Male, Esquire
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Nancy L. Co
Phillip C. C
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NANCY L. COOK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
PHILLIP C. COOK,
Defendant
To the Prothonotary:
: NO. 07-5586 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:
1. Ground for divorce: irretrievable breakdown under §3301(d)(1) of the Divorce Code.
2. Date and manner of service of the complaint: Acceptance of Service
Signed by Defendant's counsel on September 24, 2007
3. Date of execution of the affidavit required by § 3301(d) of the divorce code:
by plaintiff February 25, 2008
Date of filing and service of the Plaintiff's affidavit upon the Defendant: filed
February 29, 2008, served March 3, 2008.
4. Related claims pending: None - all claims resolved by Marital Settlement Agreement
5. Date and manner of service of the Notice of Intention to File Praecipe, a copy of which
is attached: U.S. Mail to Defendant's counsel on March 26, 2008
Attorney for Plaintiff
Dawn S. Sunday, Esquire
ID 4 41954
39 W. Main Street - Suite 1
Mechanicsburg, PA 17055-6230
(717) 766-9622
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
:N
NANCY L. COOK
Plaintiff
VERSUS
PHILLIP C. COOK
Defendant
NO. 07-5586 Civil Term
DECREE I N
DIVORCE
AND NOW, 2008 IT IS ORDERED AND
DECREED THAT NANCY L. COOK , PLAINTIFF,
AND
PHILLIP C. COOK
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
,DEFENDANT,
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 terms of the parties' Marital Settlement Agreement dated
ATTEST: 24 J
PROTHONOTARY
April 4, 2008 are hereby incorporated, but not merged, herein.
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NANCY L. COOK,
Plaintiff
VS.
PHILLIP C. COOK,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07-5586 CIVIL TERM
IN DIVORCE
MOTION FOR ENTRY OF ORDER UPON STIPULATION
Plaintiff, Nancy L. Cook, through her attorney, Dawn S. Sunday, files this Motion for
Entry of Order upon Stipulation and requests that this Honorable Court enter an Order upon
Stipulation for the entry of a Qualified Domestic Relations Order signed by Plaintiff and
Defendant for distribution of Defendant's Continental Press, Inc. Retirement Plan, a copy of
which is attached hereto and marked as Exhibit "A".
Respectfully submitted,
Date: 2008
By: 061-7
Dawn S. Sunday
Attorney I.D. No.41954
39 West Main Street
Mechanicsburg PA 17055
(717) 766-9622
Attorney for Plaintiff
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CERTIFICATE OF SERVICE
AND NOW, this _9?day of 9?l?.Y,. bc. - , 2008, the undersigned does hereby
certify that she did this date serve a copy of the foregoing Motion for Entry of Order upon
Stipulation upon the other party of record by causing same to be deposited in the United States
Mail, first class postage prepaid and addressed as follows:
Theresa Barrett Male, Esquire
513 North 2nd Street
Harrisburg PA 17101-1058
Dawn S. Sunday
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Nancy L. Cook IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW - IN DIVORCE
Phillip C. Cook NO. 07-5586
Defendant
QUALIFIED DOMESTIC RELATIONS ORDER
1. This Order relates to the provision of marital property rights to the Alternate Payee.
2. This Order creates and recognizes the existence of an Alternate Payee's right to receive
a portion of the Participant's benefits payable under an employer sponsored defined contribution
plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The
Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning
of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended
CERISA"). The Court enters this QDRO pursuant to its authority under 23 P.C.S.A. §3502.
3. This QDRO applies to The Continental Press, Inc. Retirement Plan ("Plan"). Further,
this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for
provision of the Participant's benefits described below is incurred. Any benefits accrued by the
Participant under a predecessor plan of the employer or any other defined contribution plan
sponsored by the Participant's employer, whereby liability for benefits accrued under such
predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be
subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of
the Plan shall not affect Alternate Payee's rights as stipulated under this Order.
4. Phillip C. Cook ("Participant") is a participant in the Plan. Nancy L. Cook ("Alternate
Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
Phillip C. Cook
923 East Lisburn Road
Mechanicsburg, PA 17055
Social Security #: -1146
Date of Birth: December 30, 1957
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
Nancy L. Cook
24 Woodmyre Lane
Enola, PA 17025
Social Security #: -7644
Date of Birth: June 13, 1960
Ab
QDRO
Page 2
The Alternate Payee shall have the duty to notify the Plan Administrator in writing of
any changes in this mailing address subsequent to the entry of this Order.
7. The portion of the Participant's plan benefits payable to the Alternate Payee under this
QDRO is $21,000.00 of the Participant's total account balance accumulated under the Plan as of
the date of account segregation. For this purpose, the total account balance shall be determined
without regard to any account reduction caused by the Participant's prior loan(s), if any, from the
Plan. In the event the Participant's account balance, excluding loan subaccounts, is less than
$21,000.00 as of the date of segregation, 100% of the Participant's account, excluding loan
subaccounts, shall be transferred to the Alternate Payee.
The Alternate Payee's portion of the benefits described above shall be segregated and
separately maintained in account(s) established on her behalf and shall be credited with any
investment income or losses attributable thereto from the date of segregation until the date of
total distribution to the Alternate Payee. Her accounts shall be established in the same ratio as
the Participant's accounts as regards any elective deferral account, employer contribution account,
or rollover/transfer account and as regards any investment mix attributed to the Participant's
accounts. However, the investment mix shall not include any loan to the Participant which is
treated by the Plan as an investment subaccount of the Participant.
8. This QDRO does not require the Plan to provide any type or form of benefit the Plan
does not otherwise provide.
9. This QDRO does not require the Plan to provide increased benefits.
10. This QDRO does not require the Plan to pay any benefits which another order
previously determined to be a qualified domestic relations order requires the Plan to pay to
another alternate payee.
11. If the Alternate Payee so elects, the Plan shall distribute the amount designated in
Paragraph 7 of this QDRO, together with allocable earnings since the date of account segregation,
as soon as administratively feasible following the Plan Administrator's approval of this Order. If
the Plan does not permit an immediate distribution of this amount, the Plan shall pay such
amount at the Participant's earliest retirement age as defined by Code §414(p)(4)(B), subject to
the Alternate Payee's election.
12. Benefits are to be payable to the Alternate Payee in any form or permissible option
otherwise available to the Participant and alternate payees under the terms of the Plan,
including, but not limited to, a lump sum cash payment. The Alternate Payee shall execute any
forms required by the Plan Administrator.
13. On and after the date that this order is deemed to be a QDRO, but before the Alternate
Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the
rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to,
the right to name a beneficiary and the right to direct her Plan investments, to the extent
permitted under the Plan.
QDRO
Page 3
14. All payments made pursuant to this order shall be conditioned on the certification by
the Alternate Payee and the Participant to the Plan Administrator of such information as the
Plan Administrator may reasonably require from such parties.
15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under
Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall
reserve the right to reconfirm the qualified status of the order at the time benefits become payable
hereunder.
16. In the event that the Plan inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall
immediately reimburse the Alternate Payee to the extent that he has received such benefit
payments and shall forthwith pay such amount so received directly to the Alternate Payee within
ten (10) days of receipt.
In the event that the Plan inadvertently pays to the Alternate Payee any benefits that
are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall
immediately reimburse the Participant to the extent that she has received such benefit payments
and shall forthwith pay such amount so received directly to the Participant within ten (10) day of
receipt.
17. After payment of the amount required by this QDRO, the Alternate Payee shall have no
further claim against the Participant's interest in the Plan.
18. The Alternate Payee assumes sole responsibility for the tax consequences of the
distribution under this QDRO.
19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not
be affected by the Participant's death (whether before or after benefit payments to the Alternate
Payee have commenced). In the event of the Alternate Payee's death prior to the commencement
of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the
remaining benefits under this QDRO as soon as practicable to any. beneficiary designated by the
Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no
designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate
Payee's estate.
20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). As soon as
administratively practicable after receipt of the proposed QDRO, while the Plan is determining
whether this order is a qualified domestic relations order, the Plan Administrator shall separately
account for the amounts which would have been payable to the Alternate Payee.
21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee
of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's
procedures for determining the qualified status of this QDRO. The Plan Administrator shall
determine the qualified status of the QDRO and shall notify the Participant and the Alternate
Payee of the determination within a reasonable period of time after receipt of this QDRO.
QDRO
Page 4
22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the
terms of the Plan shall prevail.
23. The Court shall retain jurisdiction with respect to this Order to the extent required to
maintain its qualified status and the original intent of the parties as stipulated herein.
Accepted and ordered this day of
?
Judge
CONSENT TO ORDER:
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