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HomeMy WebLinkAbout04-4913DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA GINA ALLEN, V. Defendant NO. O 4 • M3 IN DIVORCE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take prompt action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Date ''3 0 51f:-P T 0 y COYNE & COYNE, P.C. By; sa Marie Coyne a. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011.4227 (717) 737-0464 Attorney for Plaintiff DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 y' Lf q 13 e to ! t? GINA ALLEN, IN DIVORCE Defendant COMPLAINT AND NOW COMES the Plaintiff, David L. Allen, by and through his counsel, Lisa Marie Coyne, Esquire, and avers the following in support of this complaint for divorce: 1. The Plaintiff is David L. Allen, an adult individual who currently resides at 1740 Josiah Chowning, Lower Allen Township, Cumberland County, Pennsylvania. 2. The Defendant is Gina Allen, an adult individual who currently resides at 1330 Concord Road, Hampden Township, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant, sui juris, have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 26, 1983 in Norwalk, California. 5. There have been no prior actions of divorce or for annulment filed between the parties. 6. Neither the Plaintiff nor the Defendant is a member of the United States Armed Services. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Further, Plaintiff waives his right to request that the parties participate in marriage counseling. 9. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 2 10. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, if both parties file affidavits and consents to a divorce after ninety (90) days have elapsed from the filing of this Complaint, or alternatively if the appropriate time has elapsed since date of separation, Plaintiff respectfully requests the Court enter a Decree in Divorce, pursuant to Section 3301(c) or Section 3301(d) of the Divorce Code, as may be appropriate. COUNT i - EQUITABLE DiSTRIHIMON it. Paragraphs 1 through 10 are incorporated by reference. 12. Plaintiff and Defendant have acquired property, both real and personal, and debt during their marriage. 13. Plaintiff and Defendant have been unable to agree as to the equitable division of said property and debt. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debt pursuant to the Divorce Code. Respectfully submitted, COYNE & COYNE, P.C. Date 95 ? By: Li a Mane Coyne 1 a. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff 3 VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A. 94904. Dated: f - so --c) 5/ h..l 't1 t ?: ?? ?_; ,; ,? ? -; o "\ u ? ` a? ?, , ;' a . ,? 0 ti DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4913 Civil Term GINA ALLEN, IN DIVORCE Defendant CERTIFICATE OF SERVICE 7003 I, LISA MARIE COYNE, ESQUIRE, of Coyne & Coyne, P.C. hereby certify that I have, on the below date, caused a true and correct copy of the attached Divorce Complaint to be served upon the person named below by way of certified first class mail, restricted delivery, postage prepaid, return receipt requested. Mrs. Gina Allen 1330 Concord Road Mechanicsburg, PA 17050 Date ( 0 -13 -0 Lk By: Lisa arie Coyne upreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff 2260 0001 2320 X31; a "?1 I 1 1; -.-1 f.i CJ; ?y G3 '?; ft1 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 17171774-1445 DAVID L. ALLEN, Plaintiff V. GINA ALLEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4913 CIVIL ACTION - LAW IN DIVORCE PETITION RAISING MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980 AND NOW, this 15a' day of October, 2004, comes Defendant, Gina Allen (hereinafter referred to as "PETITIONER"), by and through her attorney, Barbara Sumple-Sullivan, Esquire and files this Petition Raising Marital Claims Under the Divorce Code of 1980 and in support thereof states as follows: A Complaint in Divorce was filed on September 30, 2004. 2. Petitioner is the Defendant in the above action. 3. Petitioner requests the Court to enter an order granting support, alimony pendente lite, alimony and counsel fees to your Petitioner as the Court deems reasonable pursuant to Sections 3701 and 3702 of the Divorce Code of 1980, together with any amendments thereto 4. Defendant lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through appropriate employment. 5. Plaintiff has sufficient assets to provide continuing support for Defendant. 6. Plaintiff has sufficient assets and income to provide alimony for Defendant. WHEREFORE, Plaintiff requests your Honorable Court enter an Order awarding Defendant support, alimony pendente lite, alimony and counsel fees pursuant to 23 Pa. C.S.A. 3701. DATE: October 2004 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 549 Bridge Street New Cumberland, PA 17070-1931 Barbara Sumple-Sullivan, Esquire Supreme court #32317 549 Bridge Street New Cumberland, PA 17070 DAVID L. ALLEN, Plaintiff V. GINA ALLEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4913 CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, GINA ALLEN, hereby certify that the facts set forth in the foregoing PETITION RAISING MARITAL CLAIMS are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: 3 - " L- & 'GINA ALLEN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, Plaintiff V. GINA ALLEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4913 CIVIL ACTION - LAW INDIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the foregoing PETITION RAISING MARITAL CLAIMS, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Lisa Marie Coyne, 3901 Market S Camp Hill, PA, DATED: October 2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. No. 32317 (717) 77.4-1445 Attorney for Petitioner P.- 4z 0 P?- _ c? Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4913 GINA ALLEN, CIVIL ACTION - LAW Defendant IN DIVORCE TO THE HONORABLE JUDGES OF SAID COURT: MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND DOCUMENT PRODUCTION REQUESTS AND NOW, this L day of ??,2005, comes the Defendant, Gina Allen, and respectfully moves this Honorable Court to Compel Responses to interrogatories and Document Production Requests. In support thereof she avers the following: 1. The above-captioned matter involves failure of Plaintiff to respond to interrogatories and Document Production Requests propounded by Defendant. Interrogatories and Document Production Requests were initially served by Defendant's counsel on January 6, 2005. i 3. Responses were due within thirty (30) days in accordance with 42 Pa.R.C.P. 4006 and 4009.12. 4. No timely response was received to this discovery request. Defendant's counsel contacted Plaintiff's counsel on or about February 10, 2005 to determine the expected date of response. Plaintiff's counsel indicated she had not received same. 6. Defendant's counsel immediately (by fax and regular mail on February 10, 2005) served an additional copy of the Request for Production of Documents and interrogatories which had been previously forwarded on January 6, 2005. A copy of referenced letter is attached hereto as Exhibit "A." 7. On or about March 22, 2005, Defendant's counsel still had not received any response to the discovery requests and a second follow up letter was sent to Plaintiff's counsel requesting that she advise as to the status of the response to the discovery requests. A copy of referenced letter is attached hereto as Exhibit "B." Plaintiff has failed to respond to the letters and calls have gone unreturned. Defendant requests Plaintiff shall be ordered to answer the discovery requests within fifteen (15) days from the date of this Motion. 10. Pa. R.C.P. 4019 provides as follows: 4019 (a)(1) The court may, on motion, make an appropriate order for sanctions if (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. 4019 (c) The court, when acting under subdivision (a) of this rule, may make (1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the parry obtaining the order; (2) an order refusing to allow the disobedient parry to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition; (3) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) an order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) such order with regard to the failure to make discovery as is just. 11. Defendant requests the Plaintiff be ordered to respond to discovery requests within fifteen (15) days of this order. WHEREFORE, it is respectfully requested that Plaintiff, David L. Allen, be compelled to respond to Interrogatories and Document Production Requests referred to in this Motion within fifteen (15) days of the order Dated: April, 2005 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID 932317 Attorney for Defendant 4 1 I Ex?bit A LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1991 PHONE (717) 774-1445 FAX (717) 774-7059 February 10, 2005 Lisa M. Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 Via fax and regular mail Re: Gina Allen v. David L. Allen Dear Lisa: Enclosed is a copy of my letter and Plaintiff's Production of Document Request and Interrogatories Propounded by Plaintiff forwarded to you on January 6, 2005. If you should have any questions, do not hesitate to contact my office. Si l? r Barbara Sumple-Sullivan Ms. Gina Allen LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 Bridge Street New Cumberland, Pennsylvania 17070-1931 PHONE: (717) 774-1445 FAX: (717) 774-7059 TO: Lisa M. Coyne, Esquire Coyne & Coyne SENT VIA FAX NUMBER: (717) 737-5161 FROM: BARBARA SUMPLE-SULLIVAN, ESQUIRE l DATE: February 10, 2005 TIME: `? Q {vim RE: Gina Allen v. David L. Allen COMMENTS: NO. OF PAGES INCLUDING TRANSMITTAL SHEET: G ORIGINAL WILL X / WILL NOT FOLLOW BY FIRST-CLASS MAIL P- 1 Communication Result Report ( Feb•!0. 2005 9:59AM) ' FAX HEADER: Date/Time: Feb 10. 2005 9 4 6 A M Page File Mode Destination Pa (s) Result Not Sent ---------------------------------------------------------------------------------------------------- 8775 Memory TX 1275161 P. 24 OK RI ------------------------------------------------------------------------------------------- ason for error E.l) Hans un or line fail E.2) Busv E-3) No answer E.4) No facsimile connection w oxmau BARBARA BBbIPLE•6ULLIVAN .. amaavx nw 7 .R?+c*?.•uu.aaw.rrm Febs.ry 10, 2005 Lisa M Coyne, PAqui. Coyne& Coyne 39D1 Mkt Sheet Camp FL4 PA 17011 W fir d r alar mil It. Mau Allen v. David 4 All. D. Lin EaWffied is a Copy ofxW letter and P6mti rs Production of Docwoem Request ,ad Imemrsalaaa m Propounded by Plaintiff fmw-esdW to you on January 6, 2005. Ify. mbould lure any gaasauaa, do not hesitate to Concoct my ol[ae. Sincerely y J Hmrbars SmnploSnlhm RSSAh EoclomEmloa aes cc: Ms. Give Alba Exhibit 13 LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1991 PHONE (717) 774-1445 FAX (717) 774-7059 March 22, 2005 Lisa M. Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 Re: Gina Allen v. David L. Allen Dear Lisa: Please advise of the status of your responses to the outstanding interrogatories. Receipt of this information is necessary to move this case forward. Sincerely yours, Barbara Sumple Sullivan BSS/lh cc: Ms. Gina Allen Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, Plaintiff V. GINA ALLEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4913 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the Motion to Compel Response to Interrogatories and Document Production Requests to this Honorable Court, in the above-captioned matter upon the following individual via United States Mail: DATE: April -3q2005 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney For Defendant Lisa M. Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 -? ? Tl < ' .. ? 1 4- _ ' ? ? , Vv `- i .. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GINA ALLEN, Defendant NO. 04-4913 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 1day of vnOen?, , 2005, it is Ordered and Decreed that Plaintiff shall file a Rule returnable within days of the date o this Order to show cause why Defendant's Motion should t be granted. Failure to tiely file said Rule will result in Defendant's Motion to b GRANTED. I rz o) Sven i- °'? BY THE COURT: u\ r '?? J N 8, II DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 04-4913 GINA ALLEN, CIVIL ACTION -LAW Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER PREAMBLE This Order is intended to be a Qualified Domestic Relations Order ("QDRO") as defined in Section 206A(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"). ORDER SECTION 1. REQUIRED BACKGROUND INFORMAITON A. Identification of the Plan This Order applies to benefits under the WESTERN CONFERENCE OF TEAMSTERS PENSION PLAN (the "Plan"). B. Identification of Participant 1. Participant's Name: 2. Mailing Address: 3. Date of Birth: 4. Participant shall kee mailing address. DAVID L. ALLEN 1740 Josiah Chowning Way, New Cumberland, PA 17070 May 30, 1961 ;p the Plan advised at all times of Participant's current C. Identification of Alternate Payee 1. Alternate Payee's Name: 2. Mailing Address: 3. Date of Birth: 4. Alternate Payee shall keep Payee's current mailing address. GINA ALLEN 1240 Hunters Ridge Drive, Mechanicsburg, PA 17050 January 9, 1953 the Plan advised at all times of Alternate D. Identification of Alternate Payee's Beneficiary 1. Name of Alternai-e Payee's Beneficiary: ESTATE OF GINA ALLEN, DECEASED 2. Mailing Address: To be determined. 3. Date of Birth: N/A 4. Alternate Payee may change the identity of Alternate Payee's Beneficiary at any time by following the Plan's Beneficiary designation procedures. If Alternate Payee's designated Beneficiary is not living when any payment is to be made on Alternate Payee's behalf, then payment shall be made in equal shares to Alternate Payee's survivor(s) in the first surviving class among the following: (1) spouse, (2) children, (3) parents, (4) siblings, and (5) estate. E. Statement of Confidential Information Participant's, A1ter.:.late Payee's, and Alternate Payee's Beneficiary's Social Security number must be entered on a separate form supplied by the plan entitled "Statement of Confidential Information." The form must be completed and returned to the Plan xvith a copy of this Order, or as soon as possible thereafter. The Plan requires this information for tax purposes. The form is not a public record and must not be filed as part of these proceeds. F. Dates Required for Calculating Marital Property Interest 1. Date of Marriage: March 26, 1983 2. Date of Separation: February 22, 2004 SECTION 2. ENFORCEABILITY OF THIS ORDER This Order shall be enforceable against the Plan ONLY if and when the conditions in Section 2.A and 2.B are both met: A. Timing 1. This Order is submitted to the Plan administrator before the date payment of Participant's Plan benefits begin; or 2. If Plan benefits to Participant have begun, in connection with these proceeds. a. The Plan has been withholding (or has been required to withhold) all or a poAlon of any payments made to Participant, and 2 b. This Order is submitted to the Plan administrator within 18 months of the date the Plan began (or was required to begin) the withholding described in Section 2.a.2.a. B. Determination of Order as a QDRO 1. The Plan makes a final determination that this Order is a QDRO; or 2. A court of competent jurisdiction makes a final determination that this Order is a QDRO after the Plan makes a final determination that this Order is not a QDRO (or fails to make a determination within a reasonable period of time whether this Order is or is not a QDRO). SECTION 3. DESIGNATION OF ALTERANTE PAYEE'S SEPARATE PERCENTAGE INTEREST IN PARTICIPANT'S BENEFITS A. The Court finds the, Participant has earned Plan benefits that are marital property of Participant and Alternate Payee. B. The Court awards Alternate Payee a separate interest in Participant's Plan benefits equal to 55% of the marital property portion of the Participant's normal retirement benefit accrued to the effective date of Alternate Payee's Plan benefits ("Alternate Payee's Separate Percentage Interest"). The effective date of Alternate Payee's Plan benefits is ; hereinafter referred to as "Alternate Payee's Benefit Commencement Date" (see also Sections 4.C and 9.E for more information regarding Alternate Payee's Benefit Commencement Date). C. Alternate Payee's Separate Percentage Tnterest In Participant's Plan benefits shall be determined using,' the following formula: Participant's Total Hours of Benefit Service Under the Plan Earned from March 26, 1983 (date of marriages to February 22, 2004 (date of separation) 55% x Participant's Total Hours of Benefit Service Earned (Alternate up to Alternate Payee's Benefit Commencement Date Payee's share of The Marital property Portion of Participant's Plan Benefits) I 3 D. The Plan shall determine Participant's "Hours of Benefit Service" to be included in the numerator and the denominator of the above fraction in accordance with the Plan's terms and procedures. E. Except as provided in Section 6, if Alternate Payee dies before Alternate Payee's Benefit Commencement Date, Participant shall be entitled to Participant's entire interest in the Plan and neither Alternate Payee nor Alternate Payee's Beneficiary shall have any interest in any of Participant's Plan benefits. SECTION 4. PAYMENT OF ALTERNATE PAYEE'S BENEFITS: This Section applies ONLY if Participant has reached his or her Earliest Retirement Date under the Plan and is not there received Disability Retirement Benefits (see Section 8 and 9.E.2) and ONLY if Alternate Payee does not die before Alternate Payee's Benefit Commencerent Date. A. Determination of A.1ternate Payee's Benefit In accordance with '-he Plan's QDRO procedures, the Plan shall convert Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit, accrued to Alternate Payee's Benefit Commencement Date to an actuarially equivalent benefit based on Alternate Payee's life. B. Form of Benefit The Plan shall make. payments to Alternate Payee in the normal form of benefit under the Plan (that is, the Life Only Pension) or in any other form of benefit permitted by the Plan and elected by Alternate Payee (for example, a Benefit Adjustment Option or an Optional Lump Sum Death Benefit), other than: 1. A disability retirement pension, or 2. A joint and survivor pension. C. Commencement of Alternate Payee's Benefits The Plan shall mare payments to Alternate Payee in satisfaction of Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit in accordance with the, following provisions: 1. Alternate Payee must file with the Plan an application for benefits on a form prescri',)ed by the Plan. 4 2. Payment to Alternate Payee shall begin on the date elected by Alternate Payee, provided that date: a. Is the first day of a calendar month; b. Is not more than three months before Alternate Payee's application for benefits is received by the Plan; and C. NotkA.ithstanding Section 4.C.2.b above, is no later than the earlier of Participant's Benefit Commencement Date or Participant's date of death. D. Subsidies for Earl`,, Retirement Payments to Alternate Payee shall not take into account the value of any subsidy for early retirement except as follows: 1. Timing a. The flan shall take into account the value of any subsidy for early retirement ONLY if and when the following conditions are met: i. The Plan commences payment of Plan benefits to Participant; and ii. Such benefits include a subsidy for early retirement. 3. Amount a. The aniount of Alternate Payee's interest in any early retirement subsidy payable to Participant, and any adjustment to Alternate Payee's benefits to reflect that interest, shall be determined in accordance with the Plan's QDRO procedures. b. In no event shall the amount of Alternate Payee's interest in any early retirement subsidy payable to Participant include any amount Participant could have received as an early retirement subsidy had Participant begun receiving Plan benefits on a date early than Participant's actual Benefit Commencement Date. 5 SECTION 5. DEATH AND SURVIVOR BENEFITS PAYABLE TO ALTERNATE PAYEE: This Section 5 applies ONLY if Participant dies before Participant's Earliest Retiremew Date under the Plan and before Alternate Payee, and Participant is not thou. receiving Disability Retirement Benefits (see Section 8 and 9.E.2). A. The Plan shall treat Alternate Payee as Participant's "surviving spouse for purposes of the immediate or deferred Before Retirement Spouse Lifetime Pension, as appropriate, but only to the extent of. Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit. The Before Retirement Spouse Lifetime Pension satisfies the qualified pre-retirement survivor annuity requirements mandated by Federal pension law (ERISA Section 205(e)). B. The Plan shall pay Alternate Payee an amount equal to Alternate Payee's Separate Percentage Interest In any Basis Lump Sum Death Benefit that becomes payable upon Participant's & th. SECTION 6. DEATH AND SURVIVOR BENEFITS PAYABLE TO ALTERNATE PAYEE'S BENEFICIARY: This Section 6 applies ONLY if Participant and Alternate Payee each die before their respective Benefits Commencement Dates and Alternate Payee predeceases Participant. The Plan shall pay Alternate Payee's Beneficiary an amount equal to Alternate Payee's Separate Percentage Interest in any lump sum death benefits that become payable upon Participant's death (that is, the Basic Lump Sum Death Benefit and, if applicable, the Before Retirement 48-Month Death Benefit). SECTION 7. DETERMINATION OF PARTICIPANT'S BENEFITS A. This Section 7.A applies only if Section 4, 5 or 6 applies: The Plan shall reduce Participants normal retirement benefit, and the amount of any benefits that are calculated by referenced to Participant's normal retirement benefit, by Alternate Payee's Separate Percentage Interest therein. B. This Section 7.11 applies only if Section 5 or 6 applies: The Plan shall reduce the Basic Lump Sum Death Benefit payable to Participant's Beneficiary by an amount equal to Alternate Payee's Separate Percentage Interest. 6 C. Any benefits payable under the Plan with respect to Participant that have not been awarded to Alternate, Payee (or Alternate Payee's Beneficiary) by this Order are awarded to Participant. SECTION 8. DISABILITY RETIREMENT BENEFITS: (See Section 9.E.2 for definition): This Section applies ONLY if (1) Participant's Disability Retirement Benefits Commencement Date is before Participant's Earliest Retirement Date under the Plan and Alternate Payee is then alive, and (ii) Alternate Payee has not received payments under Section 4 before the Plan approves Participant's application for Disability Retirement Benefits. A. As soon as practical following the Plan's receipt of Participant's application for benefits, the Plan s`iall send Alternate Payee written notice to Alternate Payee's last reported address, to the Plan that Participant has applied for disability benefits. B. Sections 4 through 1 of this Order shall not apply except in the event Participant recovers from disability as provided in Section 8.D. C. In accordance with Section 10, the parties shall obtain a new QDRO that implements the paynent of Alternate Payee's community/marital property interest under Section 3 it sight of Participant's entitlement to Disability Retirement Benefits before Participant's Earliest Retirement Date. The new order shall take into account the parties' circumstances at the time of Participant's Disability Benefit Commencement Date such as whether Participant is married or whether state law impacts the division of disability benefits. D. The Plan shall withliold Alternate Payee's fractional interest in Participant's Plan benefits (as determined under Section 3.C) from each of Participant's monthly lifetime Disability hetirement Benefit payments until the Plan receives a QDRO pursuant to Section 8.13. The Plan shall dispose of the withheld benefits in accordance with the, terms of the new QDRO. E. If Participant loses entitlement to Disability Retirement Benefits before Participant's Earliest Retirement Date, the Plan shall pay Alternate Payee and Participant in accordance with Sections 4 through 8 of this Order. Any QRO that had been entered pursuant to Section 6.B shall no longer apply unless Section 8 applies again. F. Nothing in this G,rder shall prevent the Plan from processing and paying Participant's interes ; in the Disability Retirement Benefits. 7 SECTION 9. GENERAL PROVISIONS A. Compliance with F?RISA and the Code Pursuant to Federal law, this Order shall not be construed to: 1. Provide Alternate Payee any type or form of benefits, or any option, not otherwise provided under the Plan; 2. Provide a benefit to Alternate Payee which could have the effect of increasing Rarticipant's total accrued benefit; and 3. Provide Plan benefits to Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO. B. Participant's Cooperation Required f Participant must cooperate fully with Alternate Payee and the Plan to carry out the conditions of this Order. C. Alternate Payee's Cooperation Required Alternate Payee must provide the Plan with whatever information the Plan reasonably needs to &.-ter-mine Alternate Payee's entitlement to benefits. D. The Plan's Right 0 Recover Overpayments Payments by the Plan pursuant to this Order shall be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. E. Definitions. 1. Benefit Commencement Date shall mean the "annuity starting date" as that term is defined in the Code and corresponding Treasury Regulations. 2. Disability Retirement Benefits shall mean those Plan benefits provided to retirees pursuant to Article 9 of the Plan. 8 F. Participant's Beneficiary Participant may designate or change Participant's Beneficiary under the Plan without Consent of Alternate Payee or Alternate Payee's Beneficiary. G. Effect of Plan changes If changes in the terms of the Plan prevent the Plan from making any payment expressly provided ;for in this Order, for the purpose of maintaining the Order's Status as a QDRO, the Plan is authorized to interpret the Order in a manner that is consistent with this Order and the plan as changed. Any such interpretation by the Plan is subject to review by the Court in accordance with Section 10 by petition of either party. SECTION 10. RESERVATION OF JURISDICTION The Court retains jurisdiction to make such further orders as are appropriate to (i) implement Section 83, (ii) enforce or clarify the provisions of Sections 1 through 9, or (iii) amend this Order for the purpose of establishing or maintaining this Order's qualification as a Qualified Domestic Relations Order. 'I // BY TUE COU J. toob CONSENTED O: 1 4 vid L. Allen, Plaintiff r Lis Marie Coyne, Es uire lIJY f Gina Allen, Defendant Barbara Sumple-Sullivan, Esquire 9 4: J r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Alb STATE OF PENNA. DAVID L. ALLEN NO. 04-4913 Oivil Term VERSUS GINA ALLEN DECREE IN DIVORCE AND NOW, 1 2- 2006_, IT IS ORDERED AND -.0t,00t N, DECREED THAT DAVID L. ALLEN PLAINTIFF, GINA ALLEN AND 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. Marriage Settlement Agreement dated December 28, 2006 is incorporated and not merged, herein. BY THE ZOURT: ATTV$T: J. i PROT OTARY r? ?? DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4913 GINA ALLEN, Defendant IN DIVORCE PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE AND NOW COMES, the Plaintiff, David L. Allen by and through his counsel, Lisa Marie Coyne, Esquire, and avers the following in support of the Answer to Rule to Show Cause: Admitted. 2. Denied. Interrogatories were served upon undersigned counsel by fax on February 10, 2005 after counsel spoke and Attorney Sumple Sullivan was advised that no Interrogatories were received at Attorney Coyne's Office. The document faxed to Attorney Coyne's Office was erroneously entitled Plaintiffs Interrogatories and Request for Production of Documents. 3. Admitted. 4. Admitted in part and denied in part. It admitted that formal answers were not provided within stated timeframe; however, prior to service of formal discovery request, undersigned counsel had provided Attorney Sullivan with substantial financial information concerning Plaintiffs earnings through the support proceedings held before the domestic relations section of this Honorable Court. Additionally, on November 9, 2004, the undersigned counsel provided Attorney Sullivan with current statements and information concerning Plaintiff's teamsters pension. (See Exhibit "A", attached) Furthermore, Defendant retained copies of Plaintiffs financial documents including Plaintiffs bank accounts and IRA accounts prior to Plaintiffs departure from the marital home. Notwithstanding Defendant's independent possession of those documents, Defendant's formal discovery request duplicates the documents already in Defendant's 1 possession or provided to Defendant's counsel through informal discovery requests. Lastly, Answers to Interrogatories as well as Response to Request for Production of Documents were provided to Defendant's counsel on May 31, 2005. (See Exhibit "B", attached.) 5. Admitted. 6. Admitted. 7. Admitted. By way of further answer, see paragraph 4, supra. 8. Admitted. Undersigned counsel has had extended absences from her office due to health challenges. However, all discovery has been provided to Defendant's counsel as of this date. 9. No response is required as this is a prayer for relief. 10. Admitted. 11. No response is required as this is a prayer for relief. WHEREFORE, Plaintiff has responded to Defendant's Discovery request and therefore the Motion to compel discovery should be denied. Respectfully submitted: COYNE & COYNE, P.C. G -1-o S Lisa Marie Coyne i Pa. Supreme Ct. No 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff e 2 COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne Austin F. Grogan Sharon F. Clark 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717.737-0464 Fax: 717-737-5161 Via Facsimile and First Class Mail: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 November 9, 2004 Re: Allen v. Allen Dear Attorney Sumple-Sullivan: Enclosed is the information concerning the Teamsters Pension you requested. As you can see, the settlement offer extended by Mr. Allen provides your client with over 60% of the net marital estate. The settlement offer is more than generous on the part of Mr. Allen and it is certainly more than your client could ever hope to achieve through the Cumberland County Divorce Master. If the offer is acceptable to your client, please advise NLT close of business on November 23, 2004. If Mrs. Allen does not accept the settlement proposal by that time, it will be withdrawn. I look forward to hearing from you. Very truly yours, COYNE & COYNE, P.C. Lisa Mane Coyne LMC/cmc Encl. Cc: Mr. David Allen, encl. Western !: Conference 11 of Teamsters Pension Trust rtrt+rtrtrtxxxxrtx+++ lv= AADC 970 W487905711`22P D. Allen 1330 Concord Rd. Mechanicsburg, PA 17050-1990 SN137650 The T-Tutees of the Western Coofesmce of =vested Tc ; Pension Trust ate phased to pro vidt -,i with the following information regarding your Plan coverage and el gibility for benefits. Pleue read the information which follows carefully m ensure that all the personal information is cooen and tomplae. This will enable us to provide a more detailed statement in the future. If you have any questions, comas, your Area Administrative OKI,, Bmefa cooed through the Plan's past service rules pie included in the TotalAcaued Aroma] BeueEir listed below. If you beheveyou have addi- tidnal years byvir aid of entering the plan as arneraber of a new group; please canter, your kchninisaadve Office. You may requesr either a com- plete estimate dfyout benefits or a list ofyour Cgvared Hours byyeai. Bued on your lexrst coverage, you should titters your ingairy co: Northwest/Rocky Mountain Are. Administratrue Office 2323 Eastlake Ave East (800) 531-1489 Seattle, WA 98102-3305 letailed Listing Of Your Plan Cann rage ForTheYear Of 2002 lonth Employer Hours Contributions Month Employer Hours Contributions 4.1C0NSOLIDATED FRTWAYS IN ? 11d 0' ; , _ ,$452-58-' FEB -. CONSOLIDATED FRTWAYS IN ''a- -.163.0° -$647.11- R CONSOLIDATED FRTWAYS IN 228.0° $905.16 APR CONSOLIDATED FRTWAYS IN 239,OP $948.83 Y,-,+s oNSOLOATED,FRTWAYS INL 297A°5; .,$1,17909"?1 , JUN . CONSOLIDATEDFRTWAYS IN 727:0° (901.18- - CONSOLIDATED FRTWAYS IN 1740' $690.78 AUG CONSOLIDATED FRTWAYS IN 265.0° $1,052.05 o''YGONSOLIDATED FRTWAYS IN _ 163,0 - 4647;11 .. Indicates mouths in which you had PEER coverage. OverallTotal ForYear: Hours 1870.0$7,423.90-^I \nnual Benefit Earned During 2002 bur collectively bargained. contributions paid in 2002 of F ,!?423,9Q icressed your annual benefit by: .... ........... - ................................................... 4 otal Accrued Annual Benefit u of December 31, 2002; you have earned a total annual benefit, payable at age 65, s the amount of. .............................. ......... .........a O r X2,405:40' $25;175:40 ! V ` Investrisenc maYket instability has caused uYTo duconth ue"the former pracdre of providing. informal projectionsof benefits for future_yeas s fleaascontict pr Wr ea Admmistrais Olfce If.you.belums you are within four years of retirement and. would Ilke to?obtam an official esnmate,of.your benefits, PFojactions shown on prior statements are no.longer valid: D Allen -he.Trust shown the Social Security N 4,rr571 21'.4879 YX?4- r n? _ allowing information in Address ,F,13 C10ncord our record (shown in ?sWechamcsburg A ,'1,7050-199 ght gray boxes). If any - dormation is incorrect'. r missing, please print he corrected information m i the space provided. - _ Date of Birth: "05/30/61 s postage paid return Gender: MALE'- -' _ nvelope and a beneficiary Spouse Date of Birth: Qt/09/53 and have been enclosed - aryour convenience. Union Initiation Date- b name or change your Hire Date I at Employer r 04/02/85 =' 'I _ eneficiary, use the GINA ALLEN " nclosed beneficiary card.4in You have named as your benefioary: . . I.on. soniciTONE INTME EMe4 BE. )ear Participant: 'he statement on the other side of this document shows he retirement benefits you have actually earned under he Plan based on your covered work through the end of '002. 'lease note that the amounts shown are in the form of an mnual benefit, whereas Plan benefits actually are payable nonthly. more about the Trust by visiting the Trust's web site at www.wctpension.org. The web site provides informa- tion regarding all Plan requirements such as vesting, recent coverage and PEER eligibility. All of the informa- tion included in the Summary Plan Booklet is also included on the web site. If you do not have a copy of the Summary Plan Booklet, or have specific questions about your benefits, please con- fo, qualify, for a benefit,.you most be. vested,and eligible tact-your Area-Administrative-Office-They-will be glad or retirement. This benefit statement shows if you are to furnish you with a copy, of the Booklet, free of charge, Vested. or answer your questions. The benefit amounts shown assume that you would retire at age 65. The Plan also offers several early retire- ment options before age 65, including PEER, as well as disability retirement at any age. If you die before retire- ment and are Vested,, your family may qualify for one or more of the Plan's death and survivor benefits. Below is a brief overview 'of these Plan benefits. For com- plete information about all the benefits the Plan offers, as well as vesting, eligibility requirements and other rules, check your Summary , Plan Booklet. You can also find out Si necesita ayuda pan comprender esta as clarch in de benefichos personales, puede usted comunicane a la Ofscina Administrative mfis center. a usted. Al reverso de mite documento se encuentran In dire cciones de has mhsms. k'Aip.40jim's Earhy y° Lisabilsty -. [$ ;farIy ReGrehneri t with EarlydietirenlEdl under b/ - .'Retirement '' "Rettremente"' 'Rule of Bl .+ . ) +PEER Program-(80,81-or Ages 55 to 65. Any age you qualify Any age you qualify Any age you qualify r Ifyouliaverecentcoverage,your Your bereft is ateat 85%of lour You o, recive this impovedlien: Yu can receive the unreduced DENUff normal retirement benefit efm etany age,if you meetail the benef t at any age if you meet ail benefit at age 55 is 54.4% of your - ^. eligibility requirements For wm .. - j' .the ebglblircy regylrements.You `.normal retirement benefit pleat age 55 the benefR 65%6f -w,Il rccerve.InO%ofyour normal If you do no[haVe recent toveM1.+ ' yenrnbnN had Fem tbenefK' roiremltbuel rbenefit:acage551s4o%.' of normal retirement bereft ' a Child Survivor Benefit LbmpSum Dea81s'Behe(st Spodise LdetimaP6hsan r. 4B Month DesBenefrt ^. Your eligible children under the age Your Plan beneficiary cen receives Your spouse can receive a lifetime if you are not married, your Plan of 18 may receive a monthly benefit single sum payment, monthly benefit beneficiary an receive a single sum until they reach age I e. benefit equal to 48 months of ben- I aft payments. P, 01 TRANSACTION REPORT NOV- 9-04 TOE 7:50 PM FOR; 4367913126963 7177375161 DATE START RECEIVER TX TIME PAGES TYPE NOTE NOV- 9 7;48 PM 7747059 2'41" 4 SEND OK COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne 3901 Market Street Lisa Marie Coyne Camp Hill, Pennsylvania Austin F. Grogan 17011-4227 Sharon F. Clark FAX TRANSMISSION SHEET Date: 9 Nov 2004 Time: 7:57 pm Fax Number: 717.774.7059 Total Number of Pages: 4 (including cover sheet) TO: Barbara Sumple-Sullivan, Esq. FROM: Lisa Marie Coyne, Esq. Re: Allen v. Allen Teamster Pension Information Question/Problem Call: 717-737-0464 717-737-0464 Fax: 717-737-5161 THE INFORMATION CONTAINED IN THIS FAX MESSAGE IS TRANSMITTED BY AN ATTORNEY. IT IS PRIVILEGED AND CONFIDENTIAL INTENDED ONLY FOR THE USE OF THE ABOVE NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, PLEASE BE ADVISED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF THIS COMMUNICATION HAS BEEN RECEIVED IN ERROR, PLEASE IMMEDIATELY NOTIFY ME BY TELEPHONE, COLLECT IF NECESSARY, AND DESTROY THIS MESSAGE. THANK YOU. DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4913 GINA ALLEN, : IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that true copies of the Plaintiff's Answers to Interrogatories and Response to Request for Production of Documents was served upon the below- referenced individual on May 31, 2005 by sending the same by first class mail, postage prepaid, addressed as follows: Barbara Sumple Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Dated: / ?vs- f LISA COYNE, Est Attome For Defendant / 901 arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 3 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that true copies of the Plaintiff's Answer to Rule to Show Cause has been served upon the below-referenced individual by sending the same by first class mail, postage prepaid, addressed as follows: Barbara Sumple Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Dated: ?Z?el I?V? ?- LIS MARIE CO Esquire orney For Defend nt 901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 cn DAVID L. ALLEN, GINA ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4913 Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that true copies of the Plaintiff's Answers to Interrogatories and Response to Request for Production of Documents was served upon the below- referenced individual on May 31, 2005 by sending the same by first class mail, postage prepaid, addressed as follows: Barbara Sumple Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Dated: Zoo ?ISA M E COYNE, Es? Attome For Defendant / 901 arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 L ?V l) Z Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4913 GINA ALLEN, : CIVIL ACTION -LAW Defendant : IN DIVORCE MOTION ,FOR SANCTIONS_ AND NOW, this day of(/' ?1 2005, Gina Allen, Defendant, moves the court for a Sanction Order pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure against David L. Allen, Plaintiff. Interrogatories and Document Production Requests were served by Defendant's counsel upon Plaintiff's counsel on or about January 6, 2005. The responses to the Interrogatories and Document Production Requests were due within thirty (30) days of service in accordance with Rule 4006 and 4009.12 of the Pennsylvania Rules of Civil Procedure. No timely response was received from Plaintiff or Plaintiff s counsel. 4. Defendant's counsel contacted Plaintiff's counsel on or about February 10, 2005 regarding the status of Plaintiff s responses to the Interrogatories and Document Production Requests. Plaintiff's counsel advised that she had not received the Interrogatories and Document Production Requests. 6. Defendant's counsel then served an exact copy of the original Interrogatories and Document Production Requests, by fax and regular mail, upon Plaintiff s counsel on February 10, 2005. No timely response was received from Plaintiff or Plaintiff s counsel. On or about March 22, 2005, Defendant's counsel forwarded a letter to Plaintiff s counsel regarding the status of Plaintiff's responses to the Interrogatories and Document Production Requests. 9. No response was received to the letter and calls had gone unanswered. 10. Defendant filed a Motion to Compel Responses to Interrogatories and Document Production Requests on May 6, 2005 requesting that they be answered within fifteen (15) days of the Motion. A true and correct copy of same is attached hereto as Exhibit "A." 11. On or about May 12, 2005, Judge Kevin A. Hess had issued a Rule to Show Cause as to why Defendant's Motion to Compel should not be granted. A true and correct copy of same is attached hereto as Exhibit "B." 12. Plaintiff's counsel filed an Answer to the Rule to Show Cause on June 2, 2005. A true and correct copy of same is attached hereto as Exhibit "C." 13. Plaintiff's counsel also served his Answers to Interrogatories and Document Production Requests on or about May 31, 2005 on Defendant's counsel. 14. The responses to the Interrogatories and Document Production Requests from Plaintiff were inadequate. Many Interrogatories and Document Production Requests were not answered in their entirety. 15. Defendant's counsel forwarded a letter on June 9, 2005 to Plaintiff's counsel with an itemized listing of what remained to be answered and requesting that Plaintiff provide or clarify each item in order to avoid the need for following; up on the Motion to Compel. A true and correct copy is attached hereto as Exhibit "D." 16. After no response from Plaintiff's counsel to the June 9, 2005 letter, Defendant's counsel forwarded a second letter requesting the supplementary responses. A true and correct copy of same is attached hereto as Exhibit "E." 17. No response has been received from Plaintiff or Plaintiff's counsel. 18. Pa. R.C.P. 4019 provides as follows: 4019 (a)(1) The court may, on motion, make an appropriate order for sanctions if: (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. 4019 (c) The court, when acting under subdivision (a) of this rule, may make (1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition; (3) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) an order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) such order with regard to the failure to make discovery as is just 19. Defendant requests that Plaintiff be ordered to pay sanctions in an amount of Seven Hundred Fifty Dollars ($750.00) for failure to adequately respond to Defendant's Interrogatories and Document Production Requests. 20. Defendant requests that Plaintiff be ordered to fully and adequately answer the Interrogatories and Document Production Requests, specifically in accordance with Defendant's counsel's above referenced letter of June 9, 2005, attached as Exhibit "D," within fifteen (15) days of the Order. WHEREFORE, it is respectfully requested that judgment be entered in favor of Defendant and Plaintiff be ordered to pay sanctions in an amount in excess of Seven Hundred Fifty Dollars ($750.00) for failure to adequately respond to Defendant's Interrogatories and Document Production and also be ordered to fully and adequately respond to the Interrogatories and Document Production Requests, specifically in accordance with Defendant's counsel's letter of June 9, 2005, within fifteen (15) days of the Order. Dated: July A A2005 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4913 GINA ALLEN, : CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER AND NOW, this day of , 2005, upon consideration of Defendant's Motion to Compel Responses to Interrogatories and Document Production Requests, said Motion is hereby GRANTED. It is further ORDERED and DECREED that David L. Allen shall respond to Defendant's Interrogatories and Document Production Requests within fifteen (15) days of this Order. BY THE COURT: I. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, Plaintiff V. GINA ALLEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4913 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of , 2005, it is Ordered and Decreed that Plaintiff shall file a Rule returnable within ten (10) days of the date of this Order to show cause why Defendant's Motion should not be granted. Failure to timely file said Rule will result in Defendant's Motion to be GRANTED. BY THE COURT: J. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4913 GINA ALLEN, CIVIL ACTION - LAW Defendant IN DIVORCE n rf: 3. TO THE HONORABLE JUDGES OF SAID COURT: vZ N 7rr MOTION TO COMPEL RESPONSES TO INTERROGATORA r, 7 c AND DOCUMENT PRODUCTION REQUESTS AND NOW, this day of 1005„ comes the Defendant, Gina Allen, and respectfully moves this Honorable Court to Compel Responses to Interrogatories and Document Production Requests. In support thereof she avers the following: 1. The above-captioned matter involves failure of Plaintiff to respond to Interrogatories and Document Production Requests propounded by Defendant. 2. Interrogatories and Document Production Requests were initially served by Defendant's counsel on January 6, 2005. Responses were due within thirty (30) days in accordance with 42 Pa.R.C.P. 4006 and 4009.12. 4. No timely response was received to this discovery request. 5. Defendant's counsel contacted Plaintiff's counsel on or about February 10, 2005 to determine the expected date of response. Plaintiff's counsel indicated she had not received same. 6. Defendant's counsel immediately (by fax and regular mail on February 10, 2005) served an additional copy of the Request for Production of Documents and Interrogatories which had been previously forwarded on January 6, 2005. A copy of referenced letter is attached hereto as Exhibit "A." 7. On or about March 22, 2005, Defendant's counsel still had not received any response to the discovery requests and a second follow up letter was sent to Plaintiff's counsel requesting that she advise as to the status of the response to the discovery requests. A copy of referenced letter is attached hereto as Exhibit "B." 8. Plaintiff has failed to respond to the letters and calls have gone unreturned. 9. Defendant requests Plaintiff shall be ordered to answer the discovery requests within fifteen (15) days from the date of this Motion. 2 10. Pa. R.C.P. 4019 provides as follows: 4019 (a)(1) The court may, on motion, make an appropriate order for sanctions if (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. 4019 (c) The court, when acting under subdivision (a) of this rule, may make (1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition; (3) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) an order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) such order with regard to the failure to make discovery as is just. 11. Defendant requests the Plaintiff be ordered to respond to discovery requests within fifteen (15) days of this order. WHEREFORE, it is respectfully requested that Plaintiff, David L. Allen, be compelled to respond to Interrogatories and Document Production Requests referred to in this Motion within fifteen (15) days of the order Dated: April 2005 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant 4 LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 1.7070-1931 PHONE (717) 774-1445 FAX(717) 774-7059 February 10, 2005 Lisa M. Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 Via fax and regular mail Re: Gina Allen v. David L. Allen Dear Lisa: Enclosed is a copy of my letter and Plaintiff s Production of Document Request and Interrogatories Propounded by Plaintiff forwarded to you on January 6, 2005. If you should have any questions, do not hesitate to contact my office. Barbara Sumple-Sullivan BSS/lh Enclosures cc: Ms. Gina Allen LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 Bridge Street New Cumberland, Pennsylvania 1.7070-1931 PHONE: (717) 774-1445 FAX: (717) 774-7059 TO: Lisa M Coyne, Esquire Coyne & Coyne SENT VIA FAX NUMBER (717) 737-5161 FROM: BARBARA SUMPLE-SULLIVAN, ESQUIRE DATE: February 10, 2005 TIME: 1 (? •? RE: Gina Allen v. David L. Allen COMMENTS: NO. OF. PAGES INCLUDING TRANSMITTAL SHEET: a ORIGINAL WILL X / WILL NOT FOLLOW BY FIRST-CLASS MAIL P. 1 Communication Result Report ( Feb.10. 2005 9;59AM) FAX HEADER: Date/Time: Feb-10. 2005 9:46AM Page File Mode Destination Pg(s) Result Not Sent ----------------------------- --------------------------------------------------------------------- 8775 Memory TX 7375161 P. 24 OK ---------------------------------------------------------------------------------------------------- Reason For error E.i) Hana or line 'Fail E•2) Evsv E.3) No an ss w wer E.4) No tacsimiie connection z... om® n.ax?xa BQbIPf.1d-6IILLIVAH ... ev.s a: Fda 10, 21105 I= Is Caj E.g.. Cyx & Cayce 3901 Made Shat C=V Hdl, PA 17011 Via f. and .gAw wn I. Gma ASm r. DaM L. Atha D?Lin Enclosed is a eopy ofmyletter snd Pbma ff. Psodmdw otUscmoaa Regamt .W hremphmes ft pavoded by Pb d fffQwarded m ycam Imaary 6. 2005. Ifyovdwdd hne my gvesdms, do aoc hwum m m .y off.- vee 61y S- { Badms S=np)v-SOlfrv BSSM LLL/// F?slaaam ec: Ms Cm AB- 1,AW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 PAX (717) 774-7059 March 22, 2005 Lisa M. Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 Re: Gina Allen v. David L. Allen Dear Lisa: Please advise of the status of your responses to the outstanding interrogatories. Receipt of this information is necessary to move this case forward. Sincerely yours, 7 Barbara. Sumple-SullivanlJ??JY? - BSS/lh cc: Ms. Gina Allen Barbara Sumple-Sullivan, Esquire Supreme Court $32317 549 Bridge Sheet New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4913 GINA ALLEN, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the Motion to Compel Response to Interrogatories and Document Production Requests to this Honorable Court, in the above-captioned matter upon the following individual via United States Mail: DATE: April J0 2005 Lisa M. Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney For Defendant Barbara. Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland PA 17070 (717) 774-1445 DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA V. GINA ALLEN, Defendant NO. 04-4913 CIVIL ACTIO=N - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this LCD, . day of that Plaintiff shall file a Rule returnable within show cause why Defendant's Motion should nc Rule will result in Defendant's Motion to be q x;005, it is Ordered and Decreed days of the date o this Order to granted. Failure to ely file said TED. ! iCrv lcc Q BY THE COURT: DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4913 GINA ALLEN, IN DIVORCE n o 0 Defendant - -o ,., PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE rv AND NOW COMES, the Plaintiff, David L. Allen by and through his counsel, Lisa 1Glane Chyme, y cn { Esquire, and avers the following in support of the Answer to Rule to Show Cause: 1. Admitted. 2. Denied. Interrogatories were served upon undersigned counsel by fax on February 10, 2005 after counsel spoke and Attorney Sumple Sullivan was advised that no Interrogatories were received at Attorney Coyne's Office. The document faxed to Attorney Coyne's Office was erroneously entitled Plaintiff s Interrogatories and Request for Production of Documents. 3. Admitted. 4. Admitted in part and denied in part. It admitted that formal answers were not provided within stated timeframe; however, prior to service of formal discovery request, undersigned counsel had provided Attorney Sullivan with substantial financial information concerning Plaintiff's earnings through the support proceedings held before the domestic relations section of this Honorable Court. Additionally, on November 9, 2004, the undersigned counsel provided Attorney Sullivan with current statements and information concerning Plaintiff's teamsters pension. (See Exhibit "A", attached) Furthermore, Defendant retained copies of Plaintiffs financial documents including Plaintiff's bank accounts and IRA accounts prior to Plaintiff's departure from the marital home. Notwithstanding Defendant's independent possession of those documents, Defendant's fonnal discovery request duplicates the documents already in Defendant's possession or provided to Defendant's counsel through informal discovery requests. Lastly, Answers to Interrogatories as well as Response to Request for Production of Documents were provided to Defendant's counsel on May 31, 2005. (See Exhibit "B", attached.) 5. Admitted. 6. Admitted. 7. Admitted. By way of finther answer, see paragraph 4, supra. 8. Admitted. Undersigned counsel has had extended absences from her office due to health challenges. However, all discovery has been provided to Defendant's counsel as of this date. 9. No response is required as this is a prayer for relief. 10. Admitted. 11. No response is required as this is a prayer for relief. WHEREFORE, Plaintiff has responded to Defendant's Discovery request and therefore the Motion to compel discovery should be denied. Respectfully submitted: COYNE & COYNE, P.C. G -;-at t 'Lisa Marie Coyne Pa. Supreme Ct. No /53788 3901 Market Street Camp Hill, PA 17011-0227 (717) 737-0464 Attorney for Plaintiff 2 Ci OYNE & C OYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne Austin F. Grogan Sharon F. Clark 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax: 717-737-5161 Via Facsimile and First Class Mail: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 November 9, 2004 Re: Allen v. Allen Dear Attorney Sumple-Sullivan: Enclosed is the information concerning the Teamsters Pension you requested. As you can see, the settlement offer extended by Mr. Allen provides your client with over 60% of the net marital estate. The settlement offer is more than generous on the part : of Mr. Allen and it is certainly more than your client could ever hope to achieve through the Cumberland County Divorce Master. If the offer is acceptable to your client, please advise NLT close of business on November 23, 2004. If Mrs. Allen does not accept the settlement proposal by that time, it will be withdrawn. I look forward to hearing from you. 11 Very truly yours, COYNE & COYNE, P.C. A?^ Lisa Marie Coyne LMC/cmc Encl. Cc: Mr. David Allen, encl. ?x/Ir?l ?y?l. Conference Drew. Western of Teamsters Pension Trust a"•'+**"*'*•"*" MIXED AADC 970 W4879C571MIP D. Allen 1330 Concord Rd. Mechanicsburg, PA 17050-1990 SN137650 Tbe. "urar of the Wesrrm Conietmru of a Tc' vPeosion 7mrtate pleased mpto- -.'. _.. oide'-'with dxfollowioginfnecat n -.?'ou an a vested:`..' mgarding your Plm coverage and eligibility ;pardcipalit' for benefits. Plow real the information - which fadox eatcully to ensure that all the pasooal iofrmatioo is totted and complete. This will able m to provide a mote detailed stuwmt in the future. If you have my questooes, concaa you, Arm Administrative Office. Benefits gamed through the Plads past service cola are included m d. "76ta1'Acctued Aonual Benefit listed below. If you betieveyouhavra3di- mmadyeehs byvirme'of entering the plan as .member ofa new group; please contem Administrative Offce.Youmayrequiter either acom- plate esnmare efyour benefits or alist ofyour Covered Hours by yew. Based on your latest: coverage year should direct your in m: NorthrintRoclcp Mouotam Area Admiaiatnkve 0 tee 2323 Eastlake Ave Bast (800) 531-1489 Seattle WA 98102-3305 tailed Listing Of Your Plan Coverage-ForTheYear Of 2002 nth Employer Hours Contributions Month Employer Hours Contributions '•CONSODIOATEO'F.it7N'gY$INKi 11401;e',,;_>w ,'.$/6256 FE6n tGNSOUDATED FRTWAYS IN °r x1630' ;a464TA1' CONSOUDATED FRTWAYS IN 728.0' - 5905.16 APR CONSOLIDATED FRTWAYS IN . 239.0' $948.83 . .._ ?f,CS0UOA7ED Pk11YgY5?IN?a129J.4CjS:y,y,"ndi1179:gy_' .JUN:= ;CONSOIIOATFD,FRTWAYS IN - -727:0' .E901:19 CONSOUDATED FRTWAYS IN 1740' $690.78 AUG CONSOLIDATED FRTWAYS IN 265.0' $1,052.05 _ _ CQNSOLIDAfEb FRTWAY6IN` '163-0°?4' ? .-" 6667;it - . .. a',=tr u" . ,. s a fief moodu h w ich you hid PaR eeverage. Overall Total PorYe .. Hours 1870.0 wit%$7,423:90--( usual Benefit Earned During 2002 ?•r• r collectively bargainedcontnbutions paid in 2002 of Paved your annual benefit by: _..___ --------------------- - - . ..._ ........... __ ...? tal Accrued Annual Benefit of December 31, 2002, you have earned a tool annual benefit, payable at age 65, he amount of. ._...._.__..__.._:._._._._...._.__...:._...__.._...._.._......_....._..._..._-..__...? amee e,f preovidingunformal projeadons:of benefits lieve you are valthih four years of retirement and. Vowri on prior:sbatements are rm.longer valid: D. Allen :.Trust thaws the Social Security No '.'K54, ,8F?'u. r? iwing'informatiomin Address t3 O=Gon&cVd@ h"'w" r mmrd (shown in +P.fl `7705D-1§§O "C5801CSbUlg cgray boxes). If any • 4 ,. :. ?s'<3ti.-n+• ac'v'1a' e -4z . : i. notion is incorma ' pissing, please print corrected information to space provided. Date of Birth: ostage paid return Gender: :•MALE? . elope and a beneficiary 1 have been enclosed Spouse Data of Birth: . gil09(53.. your convenience. Union Initiation Date. s?3hh • tv `« 3 ' lame or change your r41r'': --i Hire Date Irt Employer. I"0?/„07J8b@ _ eflawy, use the .". - losed beneficrwT mrd.4m You have named as your beneficiary: ,.?INA-ALLEN " woirwte rnsaernow IH1wt natf aaow ar Participator. e statement on the other side of this document shows retirement benefits you have actually earned under Plan based on your covered work through the end of 02, use note that the amounts. shown are in the form of an nual Benefit, whereas Plan benefits actually are payable >nthly. more about the Trust by visiting the Trusts web site at www.wctperuuoa.org. The web site provides inforri tion regarding all Plan requirements such as vesting, recent coverage and PEER eligibility. Ail of the informa- tion included in the Summary Plan Booklet is also included on the web site. If you do not have a copy of the Summary Plan Booklet, of have specific questions about your benefits, please con- gvalify,for a begefic,.yQU muse be:vuted.apd;eljgible __...._tact-your Atca-Admihistcarive-0ffxce. They-mill . be glad-- retirement. This benefit statemenc shows if you are to furnish you with a copy of the Booklet, flee of charge, sled. _ or answer your questions. he benefit amounts shown assume that you would tire at age 65. The Plat also offers several early retire- eat options before age 65, including PEES, as well as sability retirement at any age. if you die before retire- ent and are Vesred,j your family may qualify for one or ,ore of the Plan's death and survivor benefits. elow, is a brief overview bf these Plan benefits. For coin- (etc information about ad the benefits the Plan offers, as ell as vesting, eligibility requirements and other rules, neck your Summary Plan Booklet. You can also find. out 1 necesita ayuda pars comprender esta dedlarcidn de benefrcios personales, puede usted comunicarse a la OficinsiAdministi ss va As c... a usted. Al revers de este de amentb se encuentran Iss direddones de las mismas. - BY YOUR PLAN PRO VIDED Early.,; : '.Aisablikyyv u_` r ev E:NyReGramedk' Gitli ErYy3Retirem¢ii'ender- .-' -RetiremerrC r..H .R yg ?gEtlrain , ef'84v, 3PE?Il'sxo 8p 8R or &/)-,. Vii. . alum LL*na:rar Ages 55 to 65 Any age you qualify Any age you quall/y My age you qualify MiF M. Ifybu have reaene cwerage,your, you•benrplitaz.kysn85%dfj0u,• Ym on seceiro sfiisimpioved6en:.. Ydu on heere,this' nreduced=, uswxr • beneftt at age 55 is 54.4%ofyouF normal rerlrem tienef2 "'m - at if ' you meetaii N<" ein a^l"aV Yb benefit at ah e N au meetall. Ya8 Y " ' r - digidaryrequvementi fyr aarn- theabgibtlity ieggitemems.You -emil raor<indisbenefit , .;, a :. •- + +r :' t p`TeISt age 55'{ebeneTrcis bi%3('s Zv((se LOObfyvur irorinil .:;If you db tooth "ieceirc Fover in, ? .e+y„ `Y ,y'h -,• v ' p? D w M r.rn?nbmGi RaranilllLUBimC '::.;, :: s{ £'? . rearenlmL0e11enC - . .;se?i'ourt,enaflc.raa?ss aax rtross'. aYnx*m>q?' Yr ' .w:nw., s. r s?ati?'apaFy', '?, *yG?Y cp-> iaa.'+V..rs+,. of normal redrernent benefit .... - .c..,. ,. ^' Your eligible children under the age . Your Plan beneficiary can mceivea Yourspouseaerece'nealifedme Ifyouarenotmarried,your Plan of 18 may receive a morrchly bsnefn single in payment monthly benefit bene8dary can receive a singbsbre until they reach age la. benefit equal to 48 months of ben- . dt paymems. P, D I TRANSACTION REPORT NOV- 9-04 TUE 7:50 PM FOR: 4367913126963 7177375161 DATE START RECEIVER TX TIME PAGES TYPE NOTE NOV- 9 7:48 PM 7747059 2'41° 4 SEND OK COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne Austin F. Grogan Sharon F. Clark 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax: 717-737-5161 Date: 9 Nov 2004 Fax Number: 717.774.7059 Total Number of Pages: 4 TO: Barbara Sumple-Sullivan, Esq. FAX TRANSMISSION SHEET Time:, 7:57 pm (including cover sheet) FROM: Lisa Mane Coyne, Esq. Re: Allen v. Allen Teamster Pension Information Question/Problem Call: 717-7374464 THE INFORMATION CONTAINED IN THIS FAX MESSAGE IS TRANSNUTTED BY AN ATTORNEY. IT IS PRIVILEGED AND CONFIDENTIAL INTENDED ONLY FOR THE USE OF THE ABOVE NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, PLEASE BE ADVISED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF THIS COMMUNICATION HAS BEEN RECEIVED IN ERROR, PLEASE IMIIIEDIATELY NOTIFY ME BY TELEPHONE, COLLECT IF NECESSARY, AND DESTROY THIS MESSAGE. THANK YOU. DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4913 GINA ALLEN, IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that true copies of the Plaintiffs Answers to Interrogatories and Response to Request for Production of Documents was served upon the below- referenced individual on May 31, 2005 by sending the same by first class mail, postage prepaid, addressed as follows: Barbara Sumple Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Dated: w '7-efz-S- ISA COYNE, Es uire Attotne For Defendant 901 arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 3 CERTIFICATE OF SERVICE; I, Lisa Marie Coyne, Esquire, hereby certify that true copies of the Plaintiffs Answer to Rule to Show Cause has been served upon the below-referenced individual. by sending the same by first class mail, postage prepaid, addressed as follows: Barbara Sumple Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Dated: j90 MARIE COYP , Esquire mey For Defend. t Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 uv rric I.vUICI rlt UUMNIVN PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4913 GINA ALLEN, IN DIVORCE Defendant ra o J t" o -TI CERTIFICATE OF SERVICE r _0 I, Lisa Marie Coyne, Esquire, hereby certify that true copies of the Plaintiffs Answg?r to >- < -_j Interrogatories and Response to Request for Production of Documents was served upon the below- referenced individual on May 31, 2005 by sending the same by first class mail, postage prepaid, addressed as follows: Barbara Sumple Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 r Dated: ?r s- r ISA COYNE, Es?j ttome For Defendant / 901 arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 LTf105TfDk.C'#k7A;ft' P,yT;.,•?v?''.4l.%3"-k+?.'1?`F.'€^s.,..N.w'? ).' 1xi' ? w0.apirp AR OOkP ATLI CERTAIN AFLI'B.' ..µ.. - ... 605 BROADWAY, SUITE 205.. VANCOUVER. WA 88660 +'g1YaR•w•"`^ x+ arwa..s.r.w w.w w,r rw.uc un i i wxw.xrm xwn .. DAVI? PA UI 2.43 n waww MrM.n rww? ti Sir..r nwn xaawxn rt. a srwW rMW, TW. ti. u 'An a 2 r.a ,f<r w.aW brit lrC x uw, ma rw. w uwwun wr PA. APPLIED FOR 2762.0$ 84.79 2762.02 49.81 NEW CUMBERLA PY 2 Ta N fllaa Wt Faployaa'a LTITA, tlTT w laa< Wt nYn M0L 0 M TMWrT - IMM.1 Amm s Nlca RM 3saamrnt 2004 W-2 Waga ?(? Tax r'.Y C z. r;r'.Ei;: z'„k4', tS CpAal'4>,ti . 0LL 1 _ +• w a r.w OMB Mf. 16t6-0OOE w.s. ,ua aro 2762.02 x rwa r, i nw rw A..a 680.51 Ma+? aa,www+wr ?.? 9. wwa.v'i fmW fYIT' xxo i abu av..,n wwan • a,w ww.+T' Y...rA.aa 32-012D185 571-21-4879 2762.02 171.25 rRwwR..r. .mat .?saaW . ar..i ..oa .. +.x . r.r.:.W rwx wAxxx TRUST FOR CERTAIN CREDITORS OF Cr 2762.02 40.05 CORP AND CERTAIN AFFLIATE ' aoor P:ou )"a • ?+°a"°"n 809 BROADWAY, SUITE 205 VANCOUVER, WA 98660 DAVID ALLEN 1140 JOSIAH CHOWNIN6 W NEW CUMBERLAND, PA 17070 PA UI 1.4D MIT, w PA APPLIED FOR 276702 w 84.79 2762.02 13.81 NEW CUMBERLA ?i • ara?wyrr. a........ W l .' M'a RWi. N Ax Tla lia t AWaaa SON" Rm W-2 Wage end Tax StatsMMM', ?. 2004 `-.a-.-?.+?Y.-.• A. J•aA:R??: 4 hmm L06w iV YtrON TRI4 ? n ?7,R-. 611 30000048 „89•OQ 9722.97 61189.00 3793 72 61-1373641 61189.OQ 887.24 ^^t'?h coma. ad"N. Y zw co" Doherty SRVIOYmeat Group, Inc. 7625 88rklawn Avenue 9111-, Mal 55435-5123 - 55.09 59Op 0.00 611 . 608 61 ? n z ways aW 7aR>rWmtRaAt 14?+. PMwlw 7)7- S6! 04/18/2000 09:32 7176915'. DALLEN PAGE 03 Integrity f A M 3345 Market Street Camp Hill, P.1 17011 (717) 920-4900 Pegs: 1 Enclosures, 0 Statement Onto. 04/3012005 Account Number: 401004640 REGE SNAPSHOT DAVID L A Savings PRIVILEGED 5V 2.50% ACCOUNT NUMBER 0401004640 YaaVIOUS STATSMEW RWAWCL AS OF 03131/05 16,289.85 PLUS 0 DEPOSITS AND OTHER CREDITS .00 LESS 1 WITHDRAWALS AND OTHER DEBITS ................ 550.00 CURRENT STATEI BALANCE AS OF 04/30/05 ......................... 15,739.85 NUMBER OF DAYS IN THIS STATEMENT PERIOD 30 M?IM? • Ao=nt Transaction SAW GeeCR pnoN ?DEaITt CREWS 04/13 XFER TO ACCT CK-000201003295 -ABO. 6i0 • Balance By Date 03/31 16,289.85 04/13 15,739.06 PAYER FEDERAL ID NUMBER- 52-2389022 I[?tegr.?ry- e • n K 7345 Market Slree,, Camp Hill, Ai ICU!/ (717) 920-4900 Page: 1 11 EOCl4i11rvlF; 0 Statement Date: 04/3012005 Account Number: 401004530 REGE SNAPSHOT Savings PRIVILEGED SV 2.-5V% --- ACCOUNT NUMBER 0401009530 PREVIOUS S'"*TZKC°'" BALANC= A$ 0T 03/31/05 ........................ 15,981.67 PLUS 0 DEPOSITS AND OTHER CREDITS .......... LESS 1 WITHDRAWALS AND OTHER DEBITS ... .............. 550.00 CURRENT STATEMENT BALANCE AS OF 04/30/05 ............ :............ 15,431.67 NUMBER OF DAYS IN THIS STATEMENT PERIOD 30 • Account Transaction s DATE DESCRIPTION Mrrs CREDITS 04/13 XFER TO ACCT CR-000201003295.. ;550. CC • Balance ft Date 03/31 15,"1. 67 04/13 15,431,47 ., PAYER FEDERAL ID NUMBFp?„i`52-t3d'@3E' r- ZO 3J'yd .z.b' N?11HfT 7lr.CTCOIT/ er •r.: ?.: -. ,.,r .?.? a b --? Stwtanent Date: 04130/2005 y M+- Account Number: 401004640 3345 M. k:e svr c C., p Hill. P.4 170)1 RECC E SNAPSHOT (.717) 920-4900 DAVID L ALLEN ?r Sayings PRI'VILEG`ED SV 2.501 - - ACCOUNT NUMBER 0401004640 PREVIOUS STATEZMT BAZ"CS AS OF 03/31/05 16,289.85 PLUS 0 DEPOSITS AND OTHER CREDITS ................... .00 LESS 1 WITHDRAWALS AND OTHER DEBITS ................ 550.00 CURRENT STATEMENT BALANCE AS OF 04/30/05 ......................... 15,739.85 NUMBER. OF DAYS IN THIS STATEMENT PERIOD 30 • A=ount Transact) ns DATE OESCRIPYION DEBrrs 04/13 XFER TO ACCT CK-000201003295 550.00 • Balance By Date 03/31 16,289.85 04/13 ,. 15,734+.85 PAYER FEDERAL ID NUMBER -",230022 ,I CREDIrs Page: 1 - ... ..... EI?Sl4iNY0i? Q LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 June 9, 2005 Lisa M. Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 Re: David L. Allen v Gina Allen Docket No. 04 - 4913 / Cumberland Count Dear Lisa: I have received your responses to the discovery requests. However, I do not believe you have sufficiently answered the questions and .1 will need further response hope this could be accomplished without a motion. Please note the following: Response to Interrogatories A. Interrogatory 1- Please provide your client's annual compensation, gross average weekly salary, wages, commission, overtime pay and bonuses for years requested. It was also requested that your client state whether or not he had an expense and drawing account or allowance for transportation from any of his employers. These questions were not answered. While you did provide 2004 documentation in response to the Rule to Show Cause which showed $75,237.02 in income for that year, I still also need to have 2005 year-to-date income. B. Interrogatory 3 - The nature and amount of contributions your client made and his employer made into his 401(k) and Teamsters Pension from Consolidated Freight as of the date of marriage, date of separation and currently were requested and not provided. Therefore, I assume that the entire pension is marital and that will not be refuted. Please clarify why you list no value for Item 3f? C. Interrogatory 7A. - The account numbers, date of separation and current values of the Integrity Bank Account, Smith & Barney and Members I" Accounts were not provided. Additionally, since your client claims that the Integrity Account included inheritance from his mother, he was asked to Lisa M. Coyne, Esquire Coyne & Coyne June 9, 2005 Page 2 provide the amount of the inheritance and documentation of deposits. Regarding the Smith & Barney Account, your client lists this as non- marital. However, he fails to state why and/or to provide the date of separation value and current value. Further„ regarding the Members 1s` Joint accounts that your client is considering; non-marital, please advise why these are non-marital when they were joint accounts. Also, please provide statements and values for the pertinent dates. D. Interrogatory 8 - Please clarify if the IRA and Mutual Funds you list for this answer is the IRA included as Smith & Barney Account No. 724-6678 and No. 724-09152 Mutual Funds. If not, please provide the holder of each of these securities. Also, please provide information requested by the interrogatory for each regarding the number of shares, base amount, dates that each were purchased, their maturity dates, the date of separation and current market values and the dividends that each have paid out in the past five (5) years. E. Interrogatory 9 - While your client admits that savings, investments and government bonds were cashed in since separation to fulfill his living needs while he was unemployed, he still needs to provide the amount of proceeds received from each and statements evidencing same. F. Interrogatory 10 - Please provide account munbers and requested values. G. Interrogatory 12 - Please have your client provide the probate number from his mother's estate, the date he received the $95,000.00 and the account number for the Integrity Account that the inheritance was deposited into. Regarding 12e, there are two different amounts listed as the date of separation values. However, response to 12f lists is only one amount. It appears you are tying to say that part of the inheritance was deposited into Integrity and some were put in a mutual fund., then since separation the mutual funds were cashed in and maybe placed in the Integrity account. Please explain and provide any and all documents evidencing same. It appears from statements attached to your Rule to Show Cause that your client currently has two (2) Integrity Accounts, Nos. 0401004640-1573985 and 0401004530-15431.67. These total $31,171.52 not $57,000.00 as you state. Please clarify. H. Interrogatory 17 - Your client did not provide the requested information for each liability as requested. Regarding the Visa, a value of $14,000.00 was Lisa M. Coyne, Esquire Coyne & Coyne June 9, 2005 Page 3 listed, but no specification whether that is the date of separation or current value of the Visa and the other value must be provided. Additionally, your client did not state if he believed each of these accounts were marital or non-marital. You list a "marital mortgage"; however, the house is sold and I do not believe it was joint as indicated. Response to Document Production A. Request 2 - A copy of your client's complete: 2004 Federal Tax return was not provided. You did provide a W-2 statement for 2004; however, I need to see the full return. B. Request 4 - The Integrity Account Statements for Account Nos. 401004530 and 401004640 you provided were for March, 2005, this request was for statements from the entire year of 2004. C. Request 8 - Copies of all monthly statements evidencing inheritance deposits were requested. I am assuming that the Members I' Account No. 171636 statements attached to the response are evidencing the two deposits that are faintly highlighted on April 23, 2002 for $9,850.00 and June 28, 2002 for $10,000.00. Please provide all statements required. In order to avoid the need for following up on the motion to compel or filing supplemental discovery requests, I ask that you provide or clarify each issue above. I am sorry to hear about your health problems; I was not aware. I will await your advice. BSS/ab Diu uara 3u npie-6uinvan cc: Ms. Gina Allen LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 June 30, 2005 Lisa M. Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 Re: Gina Allen v. David L. Allen Dear Lisa: Enclosed please find my client's Response to Document Production and Answers to Interrogatories. We would like to get a comprehensive settlement resolution. However, it is imperative that we have the data requested in my letter to you dated June 9, 2005, especially the documents regarding deposits and withdraws from the Integrity Bank accounts. (I know for a fact that Mr. Allen deposited martial monies, including a $13,028.47 check from Cedar Cliff Abstract, into this account.) If you will not be providing me these documents, please advise. Please note that the deposition of Mr. Allen may be required if we cannot answer these outstanding questions. should have any questions, do not hesitate to Barbara Sumple-Sullivan BSS(ab cc: Ms. Gina Allen Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4913 GINA ALLEN, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Stunple-Sullivan, Esquire, do hereby certify that on this date, I served the Motion For Sanctions to this Honorable Court, in the above-captioned matter upon the following individual via United States Mail: Lisa M. Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 / - DATE: 7ul;za 2005 t ?/ y??t i Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney For Defendant Fl C?' rl i l ..?? ?, -_? (.? -i i11T - ?-= ?_? r? -r,?_ ?' ;. c _ `' ?`"?, ._. .rte . -?_? c.? ?_ "? -. --? DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 04-4913 CIVIL GINA ALLEN, Defendant IN DIVORCE IN RE: DEFENDANT'S MOTION FOR SANCTIONS ORDER AND NOW, this # day of August, 2005, argument on the within motion for sanctions is set for Wednesday, October 12, 2005, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, f_,.1?10 Hess, J. Lisa M. Coyne, Esquire For the Plaintiff Barbara Sumple-Sullivan, Esquire For the Defendant Arn Y"JI LV :. ry v lj iC ?? J 16. Denied. It is denied that Plaintiff failed to respond to the June 9, 2005 memo. Plaintiffs response is provided per exhibit "C" attached. Furthermore, Plaintiff had filed for an extension of his 2004 tax return which permits Plaintiff until August 15, 2005 to file his 2004 income tax return. Plaintiffs counsel was awaiting receipt of the 2005 tax return to provide complete documents to Defendant's counsel; however, because of the filing of the Motion for Sanctions, the July 28, 2005 response was provided to Defendant's Counsel. Finally, Plaintiff had previously provided Defendant's counsel with a copy of his W-2 for 2004 17. Denied. See Paragraph 16, supra and Exhibit "C" attached. 18. Admitted. 19. and 20. No response is required as this is a prayer for relief. WHEREFORE, Plaintiff has responded to Defendant's Discovery request and therefore the Motion for Sanctions should be denied. Respectfully submitted: COYNE & COYNE, P.C. BY:Lw- isa Marie Coyne a. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff 3 DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4913 GINA ALLEN, Defendant IN DIVORCE PLAINTIFF'S ANSWER OPPOSING MOTION FOR SANCTIONS AND NOW COMES, the Plaintiff, David L. Allen by and through his counsel, Lisa Marie Coyne, Esquire, and avers the following in support of the Answer Opposing Motion for Sanctions: 1. Denied. Interrogatories were served upon undersigned counsel by fax on February 10, 2005 after counsel spoke and Attorney Sumple Sullivan was advised that no Interrogatories were received at Attorney Coyne's Office. Furthermore, the document faxed to Attorney Coyne's Office was erroneously entitled Plaintiff's (sic) Interrogatories and Request for Production of Documents. 2. Admitted. 3. Admitted in part and denied in part. It admitted that formal answers were not provided within stated timeframe; however, prior to service of formal discovery request, undersigned counsel had provided Attorney Sullivan with substantial financial information concerning Plaintiff's earnings through the support proceedings held before the domestic relations section of this Honorable Court. Additionally, on November 9, 2004, the undersigned counsel provided Attorney Sullivan with current statements and information concerning Plaintiff's teamsters pension. (See Exhibit "A", attached) Furthermore, Defendant retained copies of Plaintiff's financial documents including Plaintiff's bank accounts, investment accounts, and IRA accounts prior to Plaintiffs departure from the marital home. Notwithstanding Defendant's independent possession of those documents, Defendant's formal discovery request duplicates the documents already in Defendant's possession or provided to Defendant's counsel through informal discovery requests. 1 COYNE & COYNE APROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne 3901 Market Street 717-737-6464 Lisa Marie Coyne Camp Hill, Pennsylvania Fax: 717-737-5161 Austin F. Grogan 17011-4227 Sharon F. Clark November 9, 2004 Via Facsimile and First Class Mail: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 Re: Allen v. Allen Dear Attorney Sumple-Sullivan: Enclosed is the information concerning the Teamsters Pension you requested. As you can see, the settlement offer extended by Mr. Allen provides your client with over 60% of the net marital estate. The settlement offer is more than generous on the part of Mr. Allen and it is certainly more than your client could ever hope to achieve through the Cumberland County Divorce Master. If the offer is acceptable to your client, please advise NLT close of business on November 23, 2004. If Mrs. Allen does not accept the settlement proposal by that time, it will be withdrawn. I look forward to hearing from you. Very truly yours, COYNE & COYNE, P.C. C Lisa Marie Coyne LMC/cmc Encl. Cc: Mr. David Allen, encl. - , , Westem Conference , of Teamsters trp ' P¢nsion Tnast rwrrrwrww.rrwrw ]I,= AADC 970 W4879C571T21P D. Allen 1330 Concord Rd. Mechanicsburg, PA 17050-1990 SN157650 11. za of the Wan. Coofaence of r T> ; Pension Tcost axe Pussaa to pro- - : ? vide c.,a with the follow£ng i t&..ion You taro a vested' teglI gout Plan coverage and eligibility ;Participant foo benefice. Please cud the isformadoo which follows tazefully to ensue that all the - pmoaal ipformatioo is corset and romplece. This will enable us m provide a moot derailed sutemmt in the Lowne. Lryou have any quutiom, contact your Arm Addnismtive Office. - HetuFts earned through the Plan's past service riles we indoded is the Total'Acao ued Annaxl Baofit 5stedbelow.I£yon. believeyouhavcaddi- Pdaslyesks by-'lnug of entering the plan as amembec of anew group; please contact your Admini ulwi s Office. You may request eith¢ a com- plete estiraate dfyour benefits or a list ofyoot Coveted Hours by yew,. Based on your latest rovETI you shotild Etva, your inq?t?ry to Nor hwest/RDC1cy Mountain Area Administrative Ottse 23]3 Eastlake Ave Ii,wt (800) 531-1489 Seatde, WA 98102-3305 stalled Listing Of Your Plan Coverage For TheYear Of 2002 nth Empl y r Hours Contributions Month Employer Hours Contributions ,_ CONSOLIDATED kRTWAYS W_ FEB*.BpN80LIDATED FRTWAY$IN '.:*"'.153.0P ."$647:11 CONSOLIDATED FRTWAYS IN 228.0' 5905.16 APR CONSOLIDATED FRTWAYS IN . 239.0 ;948.83 t ON.j&lbATEDF,JDNAYS9N' .,?;$V1Bp , JUN,, C'ONSOWOATED,FRTWAYS IN 721:0' -.5901:19 CONSOLIDATED FRTWAYS IN 1740' ;690.78 AUG CONSOLIDATED FRTWAYS IN 265Y ;t 052 05 _ CbN50L1DATEDFRTWAYS IN `i '.1630.... 647;j1 .. , . dIatu T omhs T which yor had PEER co.enee. Overall Total ForYear: Hours 1870.0 ?'eisF^.47,423,90--. g -7 lnual Benefit Earned During 2002 Tn423 n collectively bargained. contribudars paid in 2002 of vA4 eased your annual benefit by:.. _ ... .. ... . _ ..................... . tal Accrued Annual Benefit of December 31 2002 you have earned a total annual benefn, payable at age 65, pe amount of; .. ............................... :...... .... .. ... ... - - ---- --- ------ s 'ii 1' 6 *"'_y rN r c , wesudent maY.kettnsabiLty fiiscaused us tp ducaoufjue2he former pracGCp:If prowdngInformal pmjeafions;of benefit >r future,yearn PEousefcontatt'.'?nUrArea AdminlstravVe'.Offte Q -u believe you are within four years of retirement and. y could bketo obtain as o(Fiagl.ertimate o(ynur bepefrcs Projections shdw6 or) prior'statemenfs are no.longet valid: _______.__.__._._..>_._.t..___.__...-------------- ------ ... .. ...____. D Allen Fro. shows the _ Social Security No P57,1'2,15 48 ving information.in Address '30Conaords d' record (shown in xMechdmd9bulp 'FA `.7705D 1199D':y ;ray bozes).If any nation is incorrect „ _ ssing, please print i t )Fretted lnformadbh spate provided. Date of Birth: ``05730/611 tage paid return Gender: :MALE, ., _ )pe and a beneficiary Spouse Date of Birth: .. 01/09/53. lave been Endosed - e ? U I i ti } ur convenience. on n ni ation Date.. THE or change your Hire Date Ist Employer X dary, use the . GI NA AIL EN ad beneficiary card, 4m You have named as your beneficiary: WDIVTE MKIRECTQVS IN THE RACE EcOw ;ar Participant: me statement on the other side of this document shows e retirement benefits you have actually earned under e Plan based on pout covered work through the end of 02, ease note that the amounts shown are in the form of an anal benefit, whereas Plan benefits actually are payable more about the Trust by visiting the Trust's web site at www.wctpension.org. The web site provides informa- tion regarding all Plan requirements such as vesting, recent coverage and PEER eligibility. All of the informa- tion included in the Summary Plan Booklet is also included on the web site. >nthly. If you do not have a copy of the Summary Plan Booklet, or have specific questions about your benefits, please con- , qualify,fot.a benefic,.you must be. vested and, eligibl,;-_ ...'tatt-your Atha-'Admiitisttatide-Office-Thcywill be glad- retirement. This benefit statement shows if you are to furnish you with a copy of the Booklet, free of charge, :sted. - ;, or answer your questions. ae benefit amounts shown assume that you would tire at age 65. The Plan also offers several early retire- mt options before age 65, including PEER, as well as lability retirement at any age. If you die before retire- tat and are Vested, your family may qualify for one or ore of the Plan's death and survivor benefits. dow is a brief overview of these Plan benefits. For com- ete information about all the benefits the Plan offers, as 11 as vesting, eligibility requirements and other rules, eck your Summary, Plan Booklet. You can also find, out necesita ayuda pars comprender esta declarcion de beneficios personate; puede usted comunicarse a is Oficina Administrativa a Is certain ...steel. Al revers. de este documento as encuentran lay dimcciones de las mismas. RETUREM Early: ? ?? ,'RetlremenL .SA ENT BENEFITS PRO ;T?rsab0lty w r ,.Retlremeni"t"{": 'fig VIDED BY YOUR PL Ea27y ha6ttment'wmth ° '? F Rule tl(Bk '' '?'; 3 AN Ezrly RetiremenPunder 1PEERgPrognm la0; 93 or fl1}`. n anrMxr Ages 55 to 65 Any age you qualify Any age you qualify Am age you qualify n Ua`. If you have recent coverag you, . Your benalt a acleisa 65Xmyour You can receive Unit improved ben. YOb a ve.thli'unreduca&, can our •beneftat age 55 is 54.4% efyour _ normal retirement benefit + eficatirrydg,if you melon xhe': 6eneft a any., if you meet all. _ ehgibllltyregmremenc Forogm tXeeligibiltyttgglremms.You ':homlafrevremeerc benefit ,. ,vv r y .;X , pl l£tage 55 th benefiei 65Xb( t .. .. Wllrzi ve f00%"E7y0ur normSl If youd och ve re ehx bov ,a r "r ' tjouriwnn 1 revremencbaneft` rebfHnent? eft:. ?a64You b nafieae:ge SS 40X s'f^,':w PY'.,NZ ti??x„f'e? aw:ewY, :ew2y.% ??S '9"x'?v'° YhN iy.Y M.':• of normal retirement benefit - e hdd,Survivor.BeneBt Lump SurirOeath 8entfiE:?""' SPnuee°Li(etmmk'Febsjbdr? +'s¢ 48 Month Ueath Benefit BEFORE RETIREMEN T DrAT"EN#Flits our eligible children under the age Your Plan beneficiary an receive a Your spouse can receive a lifetime if you are not married, your pan f 18 may reeeive a monthly bensfrc single sum payment. monthly bereft beneficiary can receive a single sum ntil they reach age I8. benefit equal to 48 months of ben- actpsymems. TRANSACTION REPORT FOR: 4367913126963 DATE START RECEIVER 7177375161 P. O1 ? NOV- 9-04 TUE 7:50 PM TX TIME PAGES TYPE NOTE NOV- 9 7:48 PM 7747059 2'41" 4 SEND OR COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Lastly, Answers to Interrogatories as well as Response to Request for Production of Documents were provided to Defendant's counsel on May 31, 2005 and further supplemented on July 28, 2005. (See Exhibit "B" and "C", attached.) 4. Admitted. 5. Admitted. 6. Admitted. By way of further answer, see paragraph 1, supra. 7.-9. Admitted. Undersigned counsel has had extended absences from her office due to health challenges. However, all discovery has been provided to Defendant's counsel as of this date. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Denied. It is denied that the Answers are inadequate or that the Document Requests were unanswered. Defendant retained in her possession many if not all of the items requested concerning bank accounts and investments and charge accounts held by the parties prior to separation. Defendant retained in her possession bank statements from those accounts, tax returns from years prior to separation and Plaintiff provided documents which he had in his possession. The Rules of Civil Procedure do not require Plaintiff to produce documents which has does not have nor to the rules require the Plaintiff to retrieve documents when Defendant could easily subpoena those documents as all banks accounts, charge accounts, investment accounts, and pensions were identified in the Answers provided by Plaintiff. Furthermore, Plaintiff provided supplemental responses per exhibit "C" attached. 15. Admitted in part and Denied in part. It is admitted that Defendant's counsel issued a memo dated June 9, 2005; however that memo was not received by Plaintiff's counsel until June 13, 2005. 2 DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4913 GINA ALLEN, : IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Lisa Mane Coyne, Esquire, hereby certify that true copies of the Plaintiffs Answers to Interrogatories and Response to Request for Production of Documents was served upon the below- referenced individual on May 31, 2005 by sending the same by first class mail, postage prepaid, addressed as follows: Barbara Sumple Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 r Dated: Z--ye ? CO i NE, Es¢? LIS 7arkoetrStreet Defendant Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 3 COYNE & CiOYNE / - A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne Austin F. Grogan 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax: 717-737-5161 July 28, 2005 Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 Re: Allen v. Allen Dear Barbara: Enclosed please find copies of the following documents: 1. Smith Barney Account Statement through June 27, 2004. 2. Integrity Bank Statement Acct. 40100460, June 30, 2004. 3. Integrity Bank Statement Acct. 401004530, June 30, 2004. 4. Mr. Allen's recent pay stub, dated June 15, 2005. 5. Members 15t FCU Statement Acct. 171636, through October, 31, 2003. 6. Cashier's Check for $16,000.00 dated October 15, 2003. 7. Integrity Bank Statement Acct. 401004530, June 30, 2003. 8. Integrity Bank Deposit Slip, June 30, 2003. 9. Check NO. 024997, dated June 25; 2003. 10. Check NO. 339, dated June 28, 2003. 11. Check NO. 44124033, dated June 6, 2003. With regard to your memo, dated June 9, 2005, my client advises as follows: A. No expense account, nor draw account, nor allowance for transportion. B. Payments made to teamster fund at contract rate at time of employment based upon hourly wage. Amount put into 401(k) was through pre-tax contributions from Mr. Allen's paycheck. The pension has no value at this time until Mr. Allen reaches minimum retirement age and years of service requirements. The plan has no cash value upon separation from the teamsters; only an annuity amount upon reaching the above-stated requirements. C. Mr. Allen advises that his wife indicated that she has provided these documents to you as it relates to the various inheritances. Please advise if this is incorrect information. Barbara Sumple-Sullivan, Esq. July 28, 2005 Page 2 D. Account No. 724-66787 is a 401(k) which Mr. Allen rolled over into an IRA when he separated from Consolidated Freightways in September 2001. Account No. 724-09152 was created on January 26, 2004 from inherited funds Mr. Allen had at Integrity Bank. " E. Mr. Allen had been living off of unemployment benefits, new wages, and from his Mother's inheritance. Mr. Allen has no government bonds. Mr. Allen has not "cashed" in any investments. F. This information has been provided per your own reference in paragraph D. G. Mr. Allen indicates that his wife has provided to you a copy of the inheritance which was a distribution from a living trust. Mr. Allen indicates there was no probate. The inheritance Mr. Allen received from Mother's trust was put into Integrity Bank Account ending 640 and 530 along with the amount transferred to Smith Barney combined equals approximately $57,000. H. All joint accounts were paid in full and then closed by Mr. Allen shortly after separation. The Visa in question is in Mr. Allen's name; however, the mortgage on the marital home was clearly a marital debt-to allude otherwise is troubling given the fact that Mrs. Allen indicated that it was during the DRO conferences. Mr. Allen has not filed his 2004 income tax returns. When he file his returns, I will provide you with copies. Very truly yours, COYNE & COYNE, P.C. r? a Marie Covue LMClcmc Encl. Cc: Mr. David Allen, w/encl. CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that true copies of the Plaintiff's Answer in Opposition to Motion for Sanctions was provided to the following individual by way of first class mail, postage pre-paid: Barbara Sumple Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Dated: '?_` $-O ? LI A M COYNE, Esquire torney for Plaintiff 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 4 n O nn t S7 co ?C? r, ? S .c ? C-3 DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW 04-4913 CIVIL TERM GINA ALLEN, Defendant IN DIVORCE IN RE: DEFENDANT'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 12th day of October, 2005, the defendant's motion for sanctions is granted to the extent that it is directed that the plaintiff shall provide discovery within thirty days in accordance with the terms and conditions as agreed upon in open court this date. This order is entered without prejudice to the defendant to raise the question of counsel fees before the master. By the Court, Lisa M. Coyne, Esquire For the Plaintiff Barbara Sumple-Sullivan, Esquire For the Defendant bg X0,4 ?z rr c, ,i uo DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 04-4913 CIVIL TERM IN DIVORCE GINA ALLEN, Defendant IN RE: EXCERPT FROM ARGUMENT ON DEFENDANT'S MOTION FOR SANCTIONS Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, October 12, 2005, in Courtroom Number 4. APPEARANCES: LISA M. COYNE, Esquire For the Plaintiff BARBARA SUMPLE-SULLIVAN, Esquire For the Defendant -t .JJ ;. r'gl Ql? 1 MS. COYNE: ...so in summary, Your Honor, we 2 are trying to identify what extra information that they 3 need. 4 THE COURT: Well, there are three areas that 5 have been identified. One is the Smith Barney account. 6 MS. COYNE: Your Honor, we have provided the 7 statements for the account, the opening balance. There was 8 dialogue, an email that was provided to counsel from the 9 stockbroker saying this is what the balance was as of the 10 date of separation. 11 THE COURT: Ms. Sumple-Sullivan, what are you 12 saying you think you are missing about the Smith Barney 13 account? 14 MS. SUMPLE-SULLIVAN: The Smith Barney is the 15 documentation that he claimed he opened it up with 16 inheritance proceeds. That was what was in the discovery, 17 in Interrogatory 7-A. I am looking for some basis of that 18 account being opened with inheritance proceeds. 19 THE COURT: Do you have any documentation 20 about that? 21 MS. COYNE: It would be a matter of we have 22 provided that to counsel. There is a copy of a check 23 written for 25,000 from the Integrity Bank account to Smith 24 Barney. 25 MR. ALLEN: That's absolutely correct. 2 1 THE COURT: They are telling me that you 2 already have this stuff. That's what I am perplexed about. 3 They are saying they have the check that they got for 4 inheritance and that he is saying he opened it up -- there 5 is not going to be anything in the account that says where 6 the money came from. You just put money in an account. 7 They don't ask you where it came from. 8 MS. SUMPLE-SULLIVAN: Well, and, again, they 9 are saying that -- if you have the Integrity account, which 10 he is claiming is all non-marital, and that was funded by an 11 inheritance, we know that some marital moneys had gone into 12 that account because there were proceeds from a refinance 13 that went into that account. So the question of whether it 14 is marital or non-marital is raised by virtue of that, that 15 this deposit was made. And in addition to that -- 16 THE COURT: There is not going to be anything 17 on any Smith Barney deposit slip that says the money in this 18 deposit slip came from an estate or whatever. It doesn't 19 say where it comes from. That comes out through his 20 testimony. 21 MS. SUMPLE-SULLIVAN: But he is alleging that 22 he took money from the Integrity account and put it into the 23 Smith Barney account, but he is not showing me how much 24 inheritance -- I could almost rough number it if I knew how 25 much inheritance he had if he gave us a statement from what 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 he received in the inheritance, a probate statement, something that would document I received from this trust or living trust or whatever it is these amounts of money on these particular days, and then gave them to me so I can match them up to where these deposits went. And if they are non-marital, then they are non-marital. THE COURT: The resolution of the first two accounts has to do with the third, and that is what he received from this living trust and when. MS. SUMPLE-SULLIVAN: Correct. MS. COYNE: And that's fine, Your Honor. And I guess the frustration here is all that was well-known to these parties before any divorce was contemplated. He received this well in advance of separation. THE COURT: But he received them? MS. COYNE: Yes. He received that. And his wife knew about that -- THE COURT: Well, they might have been received while they were living together and all that. But I will tell you, if I received several things from an estate of one of my relatives, my wife would have no present recollection of that, and nor should she be charged with the knowledge of that. Are there documents that evidence the distributions that he has received -- that give us a history 4 I of this living trust? 2 MS. COYNE: I don't have any in my 3 possession, but I can certainly ask the trustee to give an 4 affidavit and say these were the distributions that were 5 made. 6 THE COURT: All right. That sounds like we 7 are moving towards a solution. You are prepared to document 8 the amounts that were forthcoming to your client from the 9 living trust. You can do that within thirty days? 10 MS. COYNE: Yes, Your Honor. 11 THE COURT: That advances this matter as far 12 as you are concerned? 13 MS. SUMPLE-SULLIVAN: Yes. Because I can 14 then back into these statements. The remainder of the 15 statements that I would like to have is we had asked for all 16 statements through 2004. I think that with the two that I 17 got here now that might resolve that. 18 THE COURT: You might have them all at this 19 point. 20 MS. COYNE: There might be some confusion 21 because those are quarterly statements that Integrity 22 issues, not monthly statements. 23 THE COURT: This is all statements of 24 Integrity? 25 MS. COYNE: Yes. Integrity Bank, Your Honor. 5 1 THE COURT: Integrity Bank. So you are 2 saying that you have complied with that request for the 3 statements. But to extent that you haven't, you are 4 prepared to produce those within thirty days? 5 MS. COYNE: Yes, sir. Identify which 6 statements they don't have. 7 MS. SUMPLE-SULLIVAN: And if you can also 8 refer to the statements in regards to the account numbers. 9 Because what happens is when she sends me things, I will 10 have -- just like on this one, one account number will be on 11 one side, like the 464 account. Then I will have a 4530 12 account, and things are Xeroxed on the back, which make it 13 almost impossible for me to be able to follow. 14 So when he identifies his inheritance and he 15 says I deposited that into the Integrity account, if he can 16 identify what account those inheritance amounts were 17 deposited in and the date of the deposit, that would solve 18 hours and hours of problems here. 19 THE COURT: Okay. You can do that? 20 MS. COYNE: I am just a little confused. Is 21 the confusion because they are double-sided copies or you 22 just want single-sided copies? 23 THE COURT: She is not sure from the way the 24 documents are formatted as to the specific accounts to which 25 the documents refer. 6 1 MS. SUMPLE-SULLIVAN: Right. 2 THE COURT: I mean, that's simple. She needs 3 some clarification on that. 4 MS. SUMPLE-SULLIVAN: If we could just talk 5 in terms of account numbers, that when you tell me that you 6 put it in -- don't say I put it in Integrity, I put it into 7 Integrity account 39250 or 4640, so that we would know where 8 these accounts... 9 MS. COYNE: That would be fine. 10 THE COURT: Okay. We have some agreements 11 here. 12 MS. SUMPLE-SULLIVAN: And if I can be so bold 13 but to ask at this point -- 14 THE COURT: No. Because what I am probably 15 going to do is fashion a general order which will grant your 16 motion to the extent that discovery will be directed to be 17 produced within thirty days hereof in accordance with the 18 agreement reached in open court and in the presence of 19 counsel this date. And Mrs. Graham can transcribe it, and 20 you can take this back to your offices. And if there is any 21 question, you can read what we are talking about right now, 22 rather than -- in light of all the other circumstances, the 23 tortured history of that, the history of the problems in 24 your office, and the fact that I think it is premature, I 25 will not grant a monetary sanction. Okay. So be so bold, 7 1 what's the next one? 2 MS. SUMPLE-SULLIVAN: Well, the next one is 3 in response to Interrogatory nine, she said in response to 4 her discovery that advises that all his savings, investment 5 and government bonds were cashed in since separation in his 6 support. Then in her letter -- 7 THE COURT: To pay support? 8 MS. SUMPLE-SULLIVAN: No. In regards to his 9 support. 10 THE COURT: To support himself? 11 MS. SUMPLE-SULLIVAN: Right. And then we 12 requested what happened so that we would have an idea what 13 his present financial situation is. And then we got a 14 conflicting letter on July 28th that advised that he had not 15 cashed these investments. So if I can have a current 16 statement as to what his net worth is and how it changed 17 since the date of separation. And the third thing that I 18 would like is that this -- 19 THE COURT: Well, let's stop there. He knows 20 what bonds he cashed in and what he didn't. 21 MR. ALLEN: I didn't cash no bonds. 22 MS. COYNE: There were no bonds that were 23 cashed. And I think that's what the letter -- the 24 correspondence that counsel said there was nothing that was 25 cashed. And using the word cashed was just in quotes, 8 1 because that was what counsel had in the interrogatories. 2 The only thing that was -- 3 MS. SUMPLE-SULLIVAN: Your answer says 4 accounts were liquidated to live while unemployed. 5 MS. COYNE: Liquidated meaning as far as 6 checks spent. I think we are confused with the verbiage 7 here. There weren't any bonds that were cashed in. 8 THE COURT: Did he indicate that he had 9 bonds? 10 MS. COYNE: We indicate there were no bonds, 11 Your Honor. 12 THE COURT: Okay. 13 MS. SUMPLE-SULLIVAN: Well, the question was 14 list any and all savings, investments, and/or government 15 bonds cashed in by you for your benefit since separation, 16 and the list of proceeds received from each, and provide any 17 and all statements for same. 18 MS. COYNE: We said there are no bonds. And 19 we provided you statements of the Smith Barney and the 20 Integrity Bank accounts as well as the Members 1st accounts. 21 MS. SUMPLE-SULLIVAN: And I think you 22 answered accounts were liquidated to live on while 23 unemployed. I don't know that that means there weren't any 24 bonds. That's the kind of problems that I -- 25 THE COURT: She is representing today that 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there are no bonds. And if there are no bonds, there are no bonds. MS. SUMPLE-SULLIVAN: If there is going to be a letter forthcoming from the trustee or the executor, if they could include whether or not there is any future distribution to be oncoming, just so that that's documented for the record. THE COURT: That's fair enough, that any affidavit or letter from the trustee would indicate whether there are any future distributions. I wouldn't imagine he would have any problem with that. MS. COYNE: No problem. THE COURT: Your argument that something is or is not marital property, of course, is preserved. And you said there was one other matter. MS. SUMPLE-SULLIVAN: Your Honor, in regards to the counsel fees. My request that even if they are denied in this proceeding that it is without prejudice to raise the issue before the master for an award of counsel fees in light of this situation. THE COURT: And that is noted for the record. And certainly that matter can be raised at the time, and you can respond to it. All right. And Now, this date, the defendant's motion for sanctions is granted to the extent that it is directed 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that the plaintiff shall provide discovery within thirty days in accordance with the terms and conditions as agreed upon in open court this date. And that will be the order that I will sign. And I will go ahead and add that this order is entered without prejudice to the defendant to raise the question of counsel fees before the master. MS. SUMPLE-SULLIVAN: Thank you, Your Honor. THE COURT: Thank you. 11 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. ??1R Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. 04-ol-o Low- -/- ?,G..,q?L - Date Ke- vA A. Hess, J. Nix Judicial District 12 COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 Attorney for Plaintiff DAVID L. ALLEN, Plaintiff VS. GINA ALLEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4913 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER AND NOW COMES, David L. Allen, Plaintiff, by and through his attorney, Lisa Marie Coyne, and moves the Court to appoint a Master with respect to the following claims: ( X ) Divorce ( X ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the Motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action by counsel, Barbara Sumple-Sullivan, Esquire. 3. The statutory ground for divorce is the two year separation as of February 22, 2004. 4. The action is contested with respect to Distribution of Property. r 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. Dated: V-2-1-01 ,6 IF I Respectfully submitted: COYNE & COYNE, P.C. (AX, By: o'-- tISA/MAREE COYNE, SQUIRE P4.-Supreme Ct. No. 53 88 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff r? CERTIFICATE OF SERVICE I, LISA MARIE COYNE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Motion for Appointment of Master upon the below-named, counsel for Defendant, by depositing same, postage prepaid, in the United States Mail, addressed as follows on the below date: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 Dated: ?A/,0 ? l' LISfeea ARIE COYNE, FS( W0 Coyne, P.C. 1 1 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 p- N :-:? (rya C`} .yk `?J:1 . lt? a 1?, COYNE & COYNE, P.C. f Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 DAVID L. ALLEN, Plaintiff VS. GINA ALLEN, Defendant JUN 0 5 2006 P Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 044913 CIVIL TERM : IN DIVORCE ORDER AND NOW, this 7 day of Gvx u 2006, E. Robert Elicker, III, Esquire is hereby appointed Master in Divorce. Cf. isa Marie Coyne, Esquire Attorney for Plaintiff /Karbara Sumple-Sullivan, Esquire Attorney for Defendant J a. Lid ;? j LLi Cj o C..7 r r r. r t 1 k COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 5 3788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 DAVID L. ALLEN, Plaintiff VS. GINA ALLEN, Defendant Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4913 CIVIL TERM : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE To: Gina Allen c/o Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 David L. Allen, the Plaintiff intends to file with the Court the attached Praecipe to Transmit Record on or after December 28, 2006 requesting that a final decree in divorce be entered. Dated: COYNE COYNE, P.C. By: sa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 N COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire: Pa. Supreme Ct. No. 53783 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff DAVID L. ALLEN, Plaintiff VS. GINA ALLEN, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4913 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d)(1) of the Divorce Code. The parties have been separated since February 22, 2004. 2. Date and marraer of service of the complaint: Defendant was served per certified mail, restricted delivery on October 9, 2004. 3. Date of execi:.tion of the affidavit required by Section 3301(d) of the Divorce Code: Plaintiffs affidavit is dated December 6, 2006. Date of filing and service of the defendant's affidavit upon the Defendant as well as a counteraffidavit as required by Pa. R.C.P. 1920.42(c)(2): Affidavit was served upon Defendant's counsel per first class mailing to Defendant's attorney of record on December 7, 2006. 4. Related claims pending: NONE 5. Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: COYNE & COYNE, P.C. Dated: By: Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiff rk-a r. -Tl rn - --' t -,3Cl CZ) COYNE & COYNE, P.C. Lisa Marie Coyne, :Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4913 GINA ALLEN, 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 (20'1 days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on February 22, 2004 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning _almony, 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, S.A. Section 4904 relating to unsworn falsification to authorities. Date: 1 © tO Da . Allen Plaintiff i CV, 7 r?. rri w co 4 w DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-4913 CIVIL TERM GINA ALLEN, Defendant : IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. X (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): economic issues have not been resolved (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false- statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: /e?, 1 ! d? wzz? ANA ALLEN, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. . -W_ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 044913 GINA ALLEN, CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of Defendant's Counter-Affidavit Under §3301(d) of the Divorce Code, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 DATED: December 13 , 2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. No. 32317 (717) 774-1445 Attorney for Defendant F 17 DAVID L. ALLEN, Plaintiff V. GINA ALLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-4913 IN DIVORCE ORDER OF COURT AND NOW, this 9n ( day of Lear?? , 20d6p the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated December 28, 2006, the appointment of the Master is vacated and counsel can file a Praecipe transmitting the record to the Court requesting a final decree in divorce. Cf.. Lisa Marie Coyne, Esquire Attorney for Plaintiff BY THE COW: ter--.. J. s Barbara Sumple-Sullivan, Esquire Attorney for Defendant COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff DAVID L. ALLEN, Plaintiff VS. GINA ALLEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4913 CIVIL TERM : IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this "day of 1)< <Q ?r 2006, by and between David L. Allen, hereinafter referred to as "Husband", and Gina Allen, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 26, 1983 in Norwalk, California and separated on February 22, 2004; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one Page 1 of 15 tf 1 7` against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Lisa Marie Coyne, and Wife by her attorney, Barbara Sumple-Sullivan, after having an opportunity to consult with an attorney of her own choosing, have come to the following agreement. NOW, THEREFO E, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign Page 2 of 15 the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on February 22, 2004 she has not, and in the future she will not, contract or incur by debt or liability for which Husband or his estate might be responsible and shall indemnify, defend and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on February 22, 2004 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify, defend and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement except as follows: a. Mortgage for Marital Home (1330 Concord, Mechanicsburg, Pennsylvania) was held by Principal Residential, which has been paid and satisfied at the time of execution of this agreement; and DA- Page 3 of 15 ire b. Automobile loan held by Farmers 1St Bank for 2000 Lincoln LS. Husband shall be solely responsible for loan. Husband will indemnify and hold Wife harmless for said debt. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property and marital debt in accordance with the Pennsylvania Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged the other, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY.- The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the r' Page 4of15 other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. A. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, 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 tangible personal property presently in his or her possession, and 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. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party which is now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the Page 5 of 15 item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Furthermore, the Parties agree that Husband will receive upon the mutual signing of this Agreement the sum of Seventeen Thousand Five Hundred Dollars ($17,500.00) from their escrow fund held by Attorney Sumple-Sullivan at Commerce Bank concerning the net proceeds for the sale of the marital home and the Wife will received the balance in the escrow fund upon the mutual signing of this Agreement. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISPOSITION OF REAL ESTATE: The parties have prior hereto and following their separation, sold their marital home for fair market value and the net proceeds of the sale of the home have been deposited in escrow with Attorney Sumple-Sullivan with the proceeds to be distributed in accordance with this agreement. y t Page 6 of 15 C. PENSION AND RETIREMENT BENEFITS: The parties agree that Wife shall retain her Highmark 401K and Highmark Pension and her Smith Barney IRA. Husband waives any and all claims which he may have to those assets. Husband shall retain his ING IRA. Wife waives any and all claims which she may have to that asset. During the marriage, Husband acquired a pension through the Western Conference of Teamsters Pension Plan (hereinafter referred to as "Teamster Pension"). One Hundred per cent (100%) of said pension is marital through the date of execution of this Agreement. The parties agree that Husband's pension through the Teamster Pension shall have the marital portion of the said pension divided 55% to Wife and 45% to Husband per a Qualified Domestic Relations Order ("QDRO") per date of separation of February 22, 2004. Copy of the proposed QDRO is attached hereto as Exhibit "A". Furthermore, the parties agree that Husband shall apply for pension benefits no later than his 57th birthday. Election will be consistent with the QDRO attached hereto. The parties agree the calculations reflect the marital portion of the Teamster Pension to be from March 26, 1983 (Date of Marriage) to February 22, 2004 (Date of Separation). D. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the Page 7 of 15 adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. MOTOR VEHICLES: The parties agree as follows concerning the ownership of the following motor vehicles: 1998 Honda Accord to I Wife 2000 Lincoln LS to Husband >. HEALTH INSURAj JC'E: Husband and Wife shall maintain their own individual health, medical, and/or hospitalization insurance. Neither party shall be responsible for any health costs or medical expenses incurred by the other and which are not covered by the said health insurance policy and each party will indemnify and hold harmless the other from any claim put forth in that regard. 10. ALIMONY.- Husband and Wife acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for maintenance or alimony. Husband and Wife each waive and relinquish any right to seek from the other any payment for alimony. ?J `? Page 8 of 15 11. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. The parties agree that the existing action for Spousal Support at this docket shall be deemed terminated and any credit or arrearages are cancelled. Each party waives any and all claims against the other for alimony pendente lite. Further, each party is responsible for his or her own individual counsel fees and expenses. 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state income tax returns through and including 2003. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any 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 the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. V7 Page 9of15 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right and take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect his mutual waiver and relinquishment of all such interests, rights and claims. 14. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, waivers of notice, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa. C.S.A. Section 3301(c) or (d) in accordance with this agreement. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. Page 10 of 15 It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 15. BREACHAND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 16. 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. 17. TAX AD VICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby Page 11 of 15 acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this 'Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 18. VOLUNTARYEXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction Page 12 of 15 of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 21. MODIFICATIONAND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. ?r 1 Page 13 of 15 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LA W. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLA USES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Page 14 of 15 27. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and seals the day and year first above written itnes _ Witness 1/47 DAVID L. ALLEN GINA ALLEN (Husband) (Wife) Page 15 of 15 DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 04-4913 GINA ALLEN, CIVIL ACTION -LAW Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER PREAMBLE This Order is intended to be a Qualified Domestic Relations Order ("QDRO") as defined in Section 206A(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"). ORDER SECTION 1. REQUIRED BACKGROUND INFORMAITON A. Identification of the Plan This Order applies to benefits under the WESTERN CONFERENCE OF TEAMSTERS PENSION PLAN (the "Plan"). B. Identification of Participant 1. Participant's Name: 2. Mailing Address: 3. Date of Birth: 4. Participant shall kee mailing address. DAVID L. ALLEN 1740 Josiah Chowning Way, New Cumberland, PA 17070 May 30, 1961 ;p the Plan advised at all times of Participant's current C. Identification of Alternate Payee 1. Alternate Payee's Name: 2. Mailing Address: 3. Date of Birth: 4. Alternate Payee shall keep Payee's current mailing address. Exhibit GINA ALLEN 1240 Hunters Ridge Drive, Mechanicsburg, PA 17050 January 9, 1953 the Plan advised at all times of Alternate D. Identification of Alternate Payee's Beneficiary 1. Name of Alternate Payee's Beneficiary: ESTATE OF GINA ALLEN, DECEASED 2. Mailing Address: To be determined. 3. Date of Birth: N/A 4. Alternate Payee may change the identity of Alternate Payee's Beneficiary at any time by following the Plan's Beneficiary designation procedures. If Alternate Payee's designated Beneficiary is not living when any payment is to be made on Alternate Payee's behalf, then payment shall be made in equal shares to Alternate Payee's survivor(s) in the first surviving class among the following: (1) spouse, (2) children, (3) parents, (4) siblings, and (5) estate. E. Statement of Confidential Information Participant's, Alternate Payee's, and Alternate Payee's Beneficiary's Social Security number must be entered on a separate form supplied by the plan entitled "Statement of Confidential Information." The form must be completed and returned to the Plan with a copy of this Order, or as soon as possible thereafter. The Plan requires this information for tax purposes. The form is not a public record and must not be filed as part of these proceeds. F. Dates Required for Calculating Marital Property Interest 1. Date of Marriage: March 26, 1983 2. Date of Separation: February 22, 2004 SECTION 2. ENFORCEABILITY OF THIS ORDER This Order shall be enforceable against the Plan ONLY if and when the conditions in Section 2.A and 2.B are both met: A. Timing 1. This Order is submitted to the Plan administrator before the date payment of Participant's Plan benefits begin; or 2. If Plan benefits to Participant have begun, in connection with these proceeds. a. The Plan has been withholding (or has been required to withhold) all or a portion of any payments made to Participant, and 2 b. This Order is submitted to the Plan administrator within 18 months of the date the Plan began (or was required to begin) the withholding described in Section 2.a.2.a. B. Determination of Order as a QDRO The Plan makes a final determination that this Order is a QDRO; or 2. A court of competent jurisdiction makes a final determination that this Order is a QDRO after the Plan makes a final determination that this Order is not a QDRO (or fails to make a determination within a reasonable period of time whether this Order is or is not a QDRO). SECTION 3. DESIGNATION OF ALTERANTE PAYEE'S SEPARATE PERCENTAGE INTEREST IN PARTICIPANT'S BENEFITS A. The Court finds that Participant has earned Plan benefits that are marital property of Participant and Alternate Payee. B. The Court awards Alternate Payee a separate interest in Participant's Plan benefits equal to 55% of the marital property portion of the Participant's normal retirement benefit accrued to the effective date of Alternate Payee's Plan benefits ("Alternate Payee's Separate Percentage Interest"). The effective date of Alternate Payee's Plan benefits is hereinafter referred to as "Alternate Payee's Benefit Commencement Date" (see also Sections 4.C and 9.E for more information regarding Alternate Payee's Benefit Commencement Date). C. Alternate Payee's Separate Percentage Interest In Participant's Plan benefits shall be determined using the following formula: Participant's Total Hours of Benefit Service Under the Plan Earned from March 26, 1983 (date of marriage) to February 22, 2004 (date of separation) 55% x Participant's Total Hours of Benefit Service Earned (Alternate up to Alternate Payee's Benefit Commencement Date Payee's share of The Marital property Portion of Participant's Plan Benefits) 3 D. The Plan shall determine Participant's "Hours of Benefit Service" to be included in the numerator and the denominator of the above fraction in accordance with the Plan's terms and procedures. E. Except as provided in Section 6, if Alternate Payee dies before Alternate Payee's Benefit Commencement Date, Participant shall be entitled to Participant's entire interest in the Plan and neither Alternate Payee nor Alternate Payee's Beneficiary shall have any interest in any of Participant's Plan benefits. SECTION 4. PAYMENT OF ALTERNATE PAYEE'S BENEFITS: This Section applies ONLY if Participant has reached his or her Earliest Retirement Date under the Plan and is not then received Disability Retirement Benefits (see Section 8 and 9.E.2) and ONLY if Alternate Payee does not die before Alternate Payee's Benefit Commencement Date. A. Determination of Alternate Payee's Benefit In accordance with the Plan's QDRO procedures, the Plan shall convert Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit, accrued to Alternate Payee's Benefit Commencement Date to an actuarially equivalent benefit based on Alternate Payee's life. B. Form of Benefit The Plan shall make payments to Alternate Payee in the normal form of benefit under the Plan (that is, the Life Only Pension) or in any other form of benefit permitted by the Plan and elected by Alternate Payee (for example, a Benefit Adjustment Option or an Optional Lump Sum Death Benefit), other than: 1. A disability retirement pension, or 2. A joint and survivor pension. C. Commencement of Alternate Payee's Benefits The Plan shall make payments to Alternate Payee in satisfaction of Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit in accordance with the following provisions: 1. Alternate Payee must file with the Plan an application for benefits on a form prescribed by the Plan. 4 2. Payment to Alternate Payee shall begin on the date elected by Alternate Payee, provided that date: a. Is the first day of a calendar month; b. Is not more than three months before Alternate Payee's application for benefits is received by the Plan; and C. Notwithstanding Section 4.C.2.b above, is no later than the earlier of Participant's Benefit Commencement Date or Participant's date of death. D. Subsidies for Early Retirement Payments to Alternate Payee shall not take into account the value of any subsidy for early retirement except as follows: 1. Timing a. The Plan shall take into account the value of any subsidy for early retirement ONLY if and when the following conditions are met: i. The Plan commences payment of Plan benefits to Participant; and ii. Such benefits include a subsidy for early retirement. 3. Amount a. The amount of Alternate Payee's interest in any early retirement subsidy payable to Participant, and any adjustment to Alternate Payee's benefits to reflect that interest, shall be determined in accordance with the Plan's QDRO procedures. b. In no event shall the amount of Alternate Payee's interest in any early retirement subsidy payable to Participant include any amount Participant could have received as an early retirement subsidy had Participant begun receiving Plan benefits on a date early than Participant's actual Benefit Commencement Date. 5 SECTION 5. DEATH AND SURVIVOR BENEFITS PAYABLE TO ALTERNATE PAYEE: This Section 5 applies ONLY if Participant dies before Participant's Earliest Retirement Date under the Plan and before Alternate Payee, and Participant is not then receiving Disability Retirement Benefits (see Section 8 and 9.E.2). A. The Plan shall treat Alternate Payee as Participant's "surviving spouse for purposes of the immediate or deferred Before Retirement Spouse Lifetime Pension, as appropriate, but only to the extent of Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit. The Before Retirement Spouse Lifetime Pension satisfies the qualified pre-retirement survivor annuity requirements mandated by Federal pension law (ERISA Section 205(e)). B. The Plan shall pay Alternate Payee an amount equal to Alternate Payee's Separate Percentage Interest in any Basis Lump Sum Death Benefit that becomes payable upon Participant's death. SECTION 6. DEATH AND SURVIVOR BENEFITS PAYABLE TO ALTERNATE PAYEE'S BENEFICIARY: This Section 6 applies ONLY if Participant and Alternate Payee each die before their respective Benefits Commencement Dates and Alternate Payee predeceases Participant. The Plan shall pay Alternate Payee's Beneficiary an amount equal to Alternate Payee's Separate Percentage Interest in any lump sum death benefits that become payable upon Participant's death (that is, the Basic Lump Sum Death Benefit and, if applicable, the Before Retirement 48-Month Death Benefit). SECTION 7. DETERMINATION OF PARTICIPANT'S BENEFITS A. This Section 7.A applies only if Section 4, 5 or 6 applies: The Plan shall reduce Participants normal retirement benefit, and the amount of any benefits that are calculated by referenced to Participant's normal retirement benefit, by Alternate Payee's Separate Percentage Interest therein. B. This Section 7.13 applies only if Section 5 or 6 applies: The Plan shall reduce the Basic Lump Sum Death Benefit payable to Participant's Beneficiary by an amount equal to Alternate Payee's Separate Percentage Interest. 6 C. Any benefits payable under the Plan with respect to Participant that have not been awarded to Alternate Payee (or Alternate Payee's Beneficiary) by this Order are awarded to Participant. SECTION 8. DISABILITY RETIREMENT BENEFITS: (See Section 9.E.2 for definition): This Section applies ONLY if (i) Participant's Disability Retirement Benefits Commencement Date is before Participant's Earliest Retirement Date under the Plan and Alternate Payee is then alive, and (ii) Alternate Payee has not received payments under Section 4 before the Plan approves Participant's application for Disability Retirement Benefits. A. As soon as practical following the Plan's receipt of Participant's application for benefits, the Plan shall send Alternate Payee written notice to Alternate Payee's last reported address to the Plan that Participant has applied for disability benefits. B. Sections 4 through 7 of this Order shall not apply except in the event Participant recovers from disability as provided in Section 8.D. C. In accordance with Section 10, the parties shall obtain a new QDRO that implements the payment of Alternate Payee's community/marital property interest under Section 3 in light of Participant's entitlement to Disability Retirement Benefits before Participant's Earliest Retirement Date. The new order shall take into account the parties' circumstances at the time of Participant's Disability Benefit Commencement Date such as whether Participant is married or whether state law impacts the division of disability benefits. D. The Plan shall withhold Alternate Payee's fractional interest in Participant's Plan benefits (as determined under Section 3.C) from each of Participant's monthly lifetime Disability Retirement Benefit payments until the Plan receives a QDRO pursuant to Section 8.B. The Plan shall dispose of the withheld benefits in accordance with the terms of the new QDRO. E. If Participant loses entitlement to Disability Retirement Benefits before Participant's Earliest Retirement Date, the Plan shall pay Alternate Payee and Participant in accordance with Sections 4 through 8 of this Order. Any QRO that had been entered pursuant to Section 6.B shall no longer apply unless Section 8 applies again. F. Nothing in this Order shall prevent the Plan from processing and paying Participant's interest in the Disability Retirement Benefits. 7 SECTION 9. GENERAL PROVISIONS A. Compliance with ERISA and the Code Pursuant to Federal law, this Order shall not be construed to: 1. Provide Alternate Payee any type or form of benefits, or any option, not otherwise provided under the Plan; 2. Provide a benefit to Alternate Payee which could have the effect of increasing Participant's total accrued benefit; and 3. Provide Plan benefits to Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO. B. Participant's Cooperation Required Participant must cooperate fully with Alternate Payee and the Plan to carry out the conditions of this Order. C. Alternate Payee's Cooperation Required Alternate Payee must provide the Plan with whatever information the Plan reasonably needs to determine Alternate Payee's entitlement to benefits. D. The Plan's Right to Recover Overpayments Payments by the Plan pursuant to this Order shall be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. E. Definitions. 1. Benefit Commencement Date shall mean the "annuity starting date" as that term is defined in the Code and corresponding Treasury Regulations. 2. Disability Retirement Benefits shall mean those Plan benefits provided to retirees pursuant to Article 9 of the Plan. 8 1 9 F. Participant's Beneficiary Participant may designate or change Participant's Beneficiary under the Plan without Consent of Alternate Payee or Alternate Payee's Beneficiary. G. Effect of Plan changes If changes in the terms of the Plan prevent the Plan from making any payment expressly provided for in this Order, for the purpose of maintaining the Order's Status as a QDRO, the Plan is authorized to interpret the Order in a manner that is consistent with this Order and the plan as changed. Any such interpretation by the Plan is subject to review by the Court in accordance with Section 10 by petition of either party. SECTION 10. RESERVATION OF JURISDICTION The Court retains jurisdiction to make such further orders as are appropriate to (1) implement Section 8.B, (ii) enforce or clarify the provisions of Sections 1 through 9, or (iii) amend this Order for the purpose of establishing or maintaining this Order's qualification as a Qualified Domestic Relations Order. BY THE COURT: J. CONSENTED TO: David L. Allen, Plaintiff Lisa Marie Coyne, Esquire Gina Allen, Defendant Barbara Sumple-Sullivan, Esquire 9 COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4913 GINA ALLEN, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 2004. 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on September 30, 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 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. § 490 relating to unswo falsification to authorities. .? Date: , r y7' David L. en COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 044913 GINA ALLEN, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on September 30, 2004. 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 of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Gina Allen, Defendant COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4913 GINA ALLEN, IN DIVORCE Defendant WAIVER OF NOTICE OF COUNSELING I, David L. Allen, Plaintiff, being duly sworn according to law, deposes and says: I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 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 counseling 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. No. 4904 relating to unsworn falsification to authorities. , 1Z Z?/a Dated. David L. n, Plaintiff COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4913 GINA ALLEN, IN DIVORCE Defendant WAIVER OF NOTICE OF COUNSELING I, Gina Allen, Defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 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 counseling 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. No. 4904 relating to unworn falsification to authorities. Dated: 6 Gina Allen, Defendant COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff DAVID L. ALLEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA GINA ALLEN, Defendant V. NO. 04-4913 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relati g to unsworn falsification to authorities. Date: Z, 2 7 avid len. Plaintiff COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff DAVID L. ALLEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA GINA ALLEN, Defendant V. NO. 04-4913 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Gina Allen, Defendant COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-4913 CIVIL TERM GINA ALLEN, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Restricted Delivery on October 9, 2004. 3. (Complete either paragraph (a) or (b).). a. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: December 27, 2006, by plaintiff and on December 28, 2006, by 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, a copy of which is attached: N/A (b) Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 28, 2006 (c) Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 28, 2006 COYNE & COYNE, P.C. Date: ! Z By:-" Liga arie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, Plaintiff V. GINA ALLEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4913 CIVIL ACTION -LAW IN DIVORCE PETITION TO AMEND QUALIFIED DOMESTIC RELATIONS ORDER 1. Petitioner is Defendant, Gina Allen, an adult individual residing at 1240 Hunter's Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Plaintiff, David L. Allen, an adult individual residing at 1740 Josiah Chowning Way, New Cumberland, Cumberland County, Pennsylvania 17070. 3. On September 30, 2004, Plaintiff filed a Divorce Complaint in the above captioned matter. 4. On December 28, 2006, the parties entered into a Marital Settlement Agreement settling all matters of the divorce and the Divorce Decree was entered. 5. Pursuant to paragraph C of the Marital Settlement Agreement, Petitioner is to 1 receive 55% of Respondent's Teamster's Pension via a Qualified Domestic Relations Order. 6. The Qualified Domestic Relations Order was to be completed in the form provided by the Teamsters. 7. The Qualified Domestic Relations Order was drafted based on the form provided by the Teamsters and the parties executed same. 8. On December 28, 2006, the Qualified Domestic Relations Order was entered by the Honorable Judge Edgar B. Bayley. 9. The Qualified Domestic Relations Order was provided to the Teamster's Plan Administrator, the Plan Administrator reviewed same and advised by letter dated January 11, 2007, that Section D.l .B of the Early Retirement Subsidy Language was omitted. 10. This was a typographical error which was originally noted by Petitioner's counsel and provided to Respondent's counsel, together with other typographical errors, prior to execution. 2 11. Respondent's counsel failed to make the corrections and in the rush of concluding the transaction in the year end time constraint, it was not noticed by counsel for Petitioner that the addition of the paragraph did not occur. 12. On February 22, 2007, March 5, 2007 and April 4, 2007, counsel for Petitioner sent correspondence to counsel for Respondent to determine if she would voluntarily add in the boiler-plate language missed in preparation of the Qualified Domestic Relations Order related to early retirement. 13. Additionally, counsel for Petitioner attempted to contact counsel for Respondent by phone to determine her position. 14. There has been no response from counsel for Respondent other than she would get back to Petitioner's counsel and this never happened. 15. A proposed Amended Qualified Domestic Relations Order is attached hereto as Exhibit "A" and includes the omitted language and other corrections. 16. Petitioner requests that the Amended Qualified Domestic Relations Order attached as Exhibit "A" be entered as an Order. 3 17. The Honorable Kevin Hess was previously assigned to this matter to determine issues of compelling discovery and the Honorable Edgar B. Bayley was previously assigned to this matter to enter the Divorce Decree and previous Qualified Domestic Relations Order. 18. No concurrence of opposing counsel has been given. WHEREFORE, Plaintiff requests your Honorable Court enter the Amended Qualified Domestic Relations Order attached as Exhibit "A" as an Order. DATE: May,, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 4 Exhibit A DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 044913 GINA ALLEN, CIVIL ACTION -LAW Defendant : IN DIVORCE AMENDED QUALIFIED DOMESTIC RELATIONS ORDER PREAMBLE This Order is intended to be a Qualified Domestic Relations Order ("QDRO") as defined in Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"). ORDER SECTION 1. REQUIRED BACKGROUND INFORMATION A. Identification of the Plan This Order applies to benefits under the WESTERN CONFERENCE OF TEAMSTERS PENSION PLAN (the "Plan"). B. Identification of Participant 1. Participant's Name: 2. Mailing Address: 3. Date of Birth: 4. Participant shall kee mailing address. DAVID L. ALLEN 1740 Josiah Chowning Way, New Cumberland, PA 17070 May 30, 1961 p the Plan advised at all times of Participant's current C. Identification of Alternate Payee 1. Alternate Payee's Name: GINA ALLEN 2. Mailing Address: 1240 Hunters Ridge Drive, Mechanicsburg, PA 17050 3. Date of Birth: January 9, 1953 4. Alternate Payee shall keep the Plan advised at all times of Alternate Payee's current mailing address. D. Identification of Alternate Payee's Beneficiary 1. Name of Alternate Payee's Beneficiary: ESTATE OF GINA ALLEN, DECEASED 2. Mailing Address: To be determined. 3. Date of Birth: N/A 4. Alternate Payee may change the identity of Alternate Payee's Beneficiary at any time by following the Plan's Beneficiary designation procedures. If Alternate Payee's designated Beneficiary is not living when any payment is to be made on Alternate Payee's behalf, then payment shall be made in equal shares to Alternate Payee's survivor(s) in the first surviving class among the following: (1) spouse, (2) children, (3) parents, (4) siblings, and (5) estate. E. Statement of Confidential Information Participant's, Alternate Payee's, and Alternate Payee's Beneficiary's Social Security number must be entered on a separate form supplied by the plan entitled "Statement of Confidential Information." The form must be completed and returned to the Plan with a copy of this Order, or as soon as possible thereafter. The Plan requires this information for tax purposes. The form is not a public record and must not be filed as part of these proceedings. F. Dates Required for Calculating Marital Property Interest 1. Date of Marriage: March 26, 1983 2. Date of Separation: February 22, 2004 SECTION 2. ENFORCEABILITY OF THIS ORDER This Order shall be enforceable against the Plan ONLY if and when the conditions in Section 2.A and 2.B are both met: A. Timing 1. This Order is submitted to the Plan administrator before the date payment of Participant's Plan benefits begin; or 2. If Plan benefits to Participant have begun, in connection with these proceedings. a. The Plan has been withholding (or has been required to withhold) all or a portion of any payments made to Participant, and 2 b. This Order is submitted to the Plan administrator within 18 months of the date the Plan began (or was required to begin) the withholding described in Section 2.A.2.a. B. Determination of Order as a QDRO 1. The Plan makes a final determination that this Order is a QDRO; or 2. A court of competent jurisdiction makes a final determination that this Order is a QDRO after the Plan makes a final determination that this Order is not a QDRO (or fails to make a determination within a reasonable period of time whether this Order is or is not a QDRO). SECTION 3. DESIGNATION OF ALTERNATE PAYEE'S SEPARATE PERCENTAGE INTEREST IN PARTICIPANT'S BENEFITS A. The Court finds that Participant has earned Plan benefits that are marital property of Participant and Alternate Payee. B. The Court awards Alternate Payee a separate interest in Participant's Plan benefits equal to 55% of the marital property portion of the Participant's normal retirement benefit accrued to the effective date of Alternate Payee's Plan benefits ("Alternate Payee's Separate Percentage Interest"). The effective date of Alternate Payee's Plan benefits is hereinafter referred to as "Alternate Payee's Benefit Commencement Date" (see also Sections 4.C and 9.E for more information regarding Alternate Payee's Benefit Commencement Date). C. Alternate Payee's Separate Percentage Interest In Participant's Plan benefits shall be determined using the following formula: Participant's Total Hours of Benefit Service Under the Plan Earned from March 26, 1983 (date of marriage) to FebngM 22, 2004 (date of separation) 55% x Participant's Total Hours of Benefit Service Earned (Alternate up to Alternate Payee's Benefit Commencement Date Payee's share of The Marital property Portion of Participant's Plan Benefits) 3 D. The Plan shall determine Participant's "Hours of Benefit Service" to be included in the numerator and the denominator of the above fraction in accordance with the Plan's terms and procedures. E. Except as provided in Section 6, if Alternate Payee dies before Alternate Payee's Benefit Commencement Date, Participant shall be entitled to Participant's entire interest in the Plan and neither Alternate Payee nor Alternate Payee's Beneficiary shall have any interest in any of Participant's Plan benefits. SECTION 4. PAYMENT OF ALTERNATE PAYEE'S BENEFITS: This Section applies ONLY if Participant has reached his or her Earliest Retirement Date under the Plan and is not then receiving Disability Retirement Benefits (see Section 8 and 9.E.2) and ONLY if Alternate Payee does not die before Alternate Payee's Benefit Commencement Date. A. Determination of Alternate Payee's Benefit in accordance with the Plan's QDRO procedures, the Plan shall convert Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit, accrued to Alternate Payee's Benefit Commencement Date to an actuarially equivalent benefit based on Alternate Payee's life. B. Form of Benefit The Plan shall make payments to Alternate Payee in the normal form of benefit under the Plan (that is, the Life Only Pension) or in any other form of benefit permitted by the Plan and elected by Alternate Payee (for example, a Benefit Adjustment Option or an Optional Lump Sum Death Benefit), other than: A disability retirement pension, or 2. A joint and survivor pension. C. Commencement of Alternate Payee's Benefits The Plan shall make payments to Alternate Payee in satisfaction of Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit in accordance with the following provisions: 1. Alternate Payee must file with the Plan an application for benefits on a form prescribed by the Plan. 4 2. Payment to Alternate Payee shall begin on the date elected by Alternate Payee, provided that date: a. Is the first day of a calendar month; b. Is not more than three months before Alternate Payee's application for benefits is received by the Plan; and C. Notwithstanding Section 4.C.2.b above, is no later than the earlier of Participant's Benefit Commencement Date or Participant's date of death. D. Subsidies for Early Retirement Payments to Alternate Payee shall not take into account the value of any subsidy for early retirement except as follows: Timing a. The Plan shall take into account the value of any subsidy for early retirement ONLY if and when the following conditions are met: i. The Plan commences payment of Plan benefits to Participant; and ii. Such benefits include a subsidy for early retirement. b. Alternate Payee shall be entitled to receive Alternate Payee's interest in any early retirement subsidy payable with respect to Participant beginning with Participant's Benefit Commencement Date. 2. Amount b. The amount of Alternate Payee's interest in any early retirement subsidy payable to Participant, and any adjustment to Alternate Payee's benefits to reflect that interest, shall be determined in accordance with the Plan's QDRO procedures. C. In no event shall the amount of Alternate Payee's interest in any early retirement subsidy payable to Participant include any amount Participant could have received as an early retirement subsidy had Participant begun receiving Plan benefits on a date earlier than Participant's actual Benefit Commencement Date. 5 SECTION 5. DEATH AND SURVIVOR BENEFITS PAYABLE TO ALTERNATE PAYEE: This Section 5 applies ONLY if Participant dies before Participant's Earliest Retirement Date under the Plan and before Alternate Payee, and Participant is not then receiving Disability Retirement Benefits (see Section 8 and 9.E.2). A. The Plan shall treat Alternate Payee as Participant's "surviving spouse" for purposes of the immediate or deferred Before Retirement Spouse Lifetime Pension, as appropriate, but only to the extent of Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit. The Before Retirement Spouse Lifetime Pension satisfies the qualified pre-retirement survivor annuity requirements mandated by Federal pension law (ERISA Section 205(e)). B. The Plan shall pay Alternate Payee an amount equal to Alternate Payee's Separate Percentage Interest in any Basis Lump Sum Death Benefit that becomes payable upon Participant's death. SECTION 6. DEATH AND SURVIVOR BENEFITS PAYABLE TO ALTERNATE PAYEE'S BENEFICIARY: This Section 6 applies ONLY if Participant and Alternate Payee each die before their respective Benefit Commencement Dates and Alternate Payee predeceases Participant. The Plan shall pay Alternate Payee's Beneficiary an amount equal to Alternate Payee's Separate Percentage Interest in any lump sum death benefits that become payable upon Participant's death (that is, the Basic Lump Sum Death Benefit and, if applicable, the Before Retirement 48-Month Death Benefit). SECTION 7. DETERMINATION OF PARTICIPANT' S BENEFITS A. This Section 7.A applies only if Section 4, 5 or 6 applies: The Plan shall reduce Participants normal retirement benefit, and the amount of any benefits that are calculated by referenced to Participant's normal retirement benefit, by Alternate Payee's Separate Percentage Interest therein. B. This Section 7.B applies only if Section 5 or 6 applies: The Plan shall reduce the Basic Lump Sum Death Benefit payable to Participant's Beneficiary by an amount equal to Alternate Payee's Separate Percentage Interest. C. Any benefits payable under the Plan with respect to Participant that have not been awarded to Alternate Payee (or Alternate Payee's Beneficiary) by this Order are awarded to Participant. 6 SECTION 8. DISABILITY RETIREMENT BENEFITS: (See Section 9.E.2 for definition): This Section applies ONLY if (i) Participant's Disability Retirement Benefits Commencement Date is before Participant's Earliest Retirement Date under the Plan and Alternate Payee is then alive, and (ii) Alternate Payee has not received payments under Section 4 before the Plan approves Participant's application for Disability Retirement Benefits. A. As soon as practical following the Plan's receipt of Participant's application for benefits, the Plan shall send Alternate Payee written notice to Alternate Payee's last reported address to the Plan that Participant has applied for disability benefits. B. Sections 4 through 7 of this Order shall not apply except in the event Participant recovers from disability as provided in Section 8.D. C. In accordance with Section 10, the parties shall obtain a new QDRO that implements the payment of Alternate Payee's community/marital property interest under Section 3 in light of Participant's entitlement to Disability Retirement Benefits before Participant's Earliest Retirement Date. The new order shall take into account the parties' circumstances at the time of Participant's Disability Benefit Commencement Date such as whether Participant is married or whether state law impacts the division of disability benefits. D. The Plan shall withhold Alternate Payee's fractional interest in Participant's Plan benefits (as determined under Section 3.C) from each of Participant's monthly lifetime Disability Retirement Benefit payments until the Plan receives a QDRO pursuant to Section 8.B. The Plan shall dispose of the withheld benefits in accordance with the terms of the new QDRO. E. If Participant loses entitlement to Disability Retirement Benefits before Participant's Earliest Retirement Date, the Plan shall pay Alternate Payee and Participant in accordance with Sections 4 through 8 of this Order. Any QRO that had been entered pursuant to Section 8.B shall no longer apply unless Section 8 applies again. F. Nothing in this Order shall prevent the Plan from processing and paying Participant's interest in the Disability Retirement Benefits. 7 SECTION 9. GENERAL PROVISIONS A. Compliance with ERISA and the Code Pursuant to Federal law, this Order shall not be construed to: 1. Provide Alternate Payee any type or form of benefits, or any option, not otherwise provided under the Plan; 2. Provide a benefit to Alternate Payee which could have the effect of increasing Participant's total accrued benefit; and 3. Provide Plan benefits to Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO. B. Participant's Cooperation Required Participant must cooperate fully with Alternate Payee and the Plan to carry out the conditions of this Order. C. Alternate Payee's Cooperation Required Alternate Payee must provide the Plan with whatever information the Plan reasonably needs to determine Alternate Payee's entitlement to benefits. D. The Plan's Right to Recover Overpayments Payments by the Plan pursuant to this Order shall be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. E. Definitions. 1. Benefit Commencement Date shall mean the "annuity starting date" as that term is defined in the Code and corresponding Treasury Regulations. 2. Disability Retirement Benefits shall mean those Plan benefits provided to retirees pursuant to Article 9 of the Plan. 8 F. Participant's Beneficiary Participant may designate or change Participant's Beneficiary under the Plan without the consent of Alternate Payee or Alternate Payee's Beneficiary. G. Effect of Plan changes If changes in the terms of the Plan prevent the Plan from making any payment expressly provided for in this Order, for the purpose of maintaining the Order's Status as a QDRO, the Plan is authorized to interpret the Order in a manner that is consistent with this Order and the plan as changed. Any such interpretation by the Plan is subject to review by the Court in accordance with Section 10 by petition of either party. SECTION 10. RESERVATION OF JURISDICTION The Court retains jurisdiction to make such further orders as are appropriate to (i) implement Section 8.B, (ii) enforce or clarify the provisions of Sections 1 through 9, or (iii) amend this Order for the purpose of establishing or maintaining this Order's qualification as a Qualified Domestic Relations Order. BY THE COURT: J. CONSENTED TO: David L. Allen, Plaintiff Lisa Marie Coyne, Esquire Gina Allen, Defendant Barbara Sumple-Sullivan, Esquire 9 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, Plaintiff V. GINA ALLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4913 : CIVIL ACTION -LAW : IN DIVORCE VERIFICATION I, GINA ALLEN, hereby certify that the facts set forth in the foregoing Petition to Amend Qualified Domestic Relations Order are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: 5 I3 I chi 067 INA ALLEN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, Plaintiff V. GINA ALLEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-4913 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the foregoing Petition to Amend Qualified Domestic Relations Order, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Lisa Marie Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 DATED: Maq?2007 C Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. No. 32317 (717) 774-1445 Attorney for Petitioner MAY 0 7 2001 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 04-4913 GINA ALLEN, CIVIL ACTION -LAW Defendant : IN DIVORCE RULE AND NOW, this day of wp?? , 2007 in consideration of Petitioner's Petition to Amend the Qualified Domestic Relations Order, a RULE is issued on Respondent to show cause, if any, why the Court should not grant the relief requested. e The Rule is returnable within days from the date of service. V` BY THE Edgar B. Bayley, W :., >yr C) Y COYNE & COYNE, P.C. ` Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff DAVID L. ALLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-4913 CIVIL TERM GINA ALLEN, Defendant/Petitioner : IN DIVORCE ANSWER TO RULE TO SHOW CAUSE TO THE HONORABLE, Edgar B. Bayley, President Judge: AND NOW COMES the Respondent/Plaintiff, David L. Allen, by and through his attorney and files the following Answer to Rule to Show Cause: 1. to 5. ADMITTED. 6. DENIED. The Parties used the model form provided as a format for Qualified Domestic Relations Orders per ERISA requirements; however, the actual terms reached after negotiation were whatever the parties negotiated and ultimately reached agreement. 7. DENIED. The Parties used the model form provided as a format for Qualified Domestic Relations Orders per ERISA requirements; however, the actual terms reached after negotiation were whatever the parties negotiated and ultimately reached agreement. 8. ADMITTED. 9. ADMITTED. 10. DENIED. Petitioner's counsel did not provide any said "correction" to Respondent's counsel. In fact, Petitioner's counsel provided the final draft of the QDRO for execution by the parties after Petitioner's counsel scanned the QDRO agreement faxed to Petitioner's Counsel. 1 t 11. DENIED. Petitioner required Respondent and his counsel to execute the QDRO and Marriage Settlement Agreement which Petitioner had provided and which Petitioner and her counsel required Respondent and his counsel to execute and provide to Petitioner's counsel before Petitioner would execute the QDRO. 12. ADMITTED. 13. ADMITTED. 14. ADMITTED. Further, since the "error" was caused solely by Petitioner's counsel, the steps to amend should be undertaken by Petitioner and Petitioner's counsel which was only undertaken with the Petition at hand. 15. and 16. DENIED. Petitioner has not identified the "other corrections" in the proposed Amended QDRO. To the extent that Petitioner proposes spelling correction on page 1 and inclusion of "omitted" language in proposed Paragraph D 1 b and correction to paragraph numbering on page 5 of the proposed Amended QDRO, Respondent has no objection; however, should there be other changes which are contained in the proposed Amended QDRO and not identified by Petitioner, Respondent objects as they are not clearly identified. 17. ADMITTED. 18. DENIED. See Paragraphs 15 and 16, supra. WHEREFORE, Respondent requests that Amended QDRO be limited to items identified in Paragraphs 15 and 16 of this Reply to Rule to Show Cause. COYNE & COYNE, P.C. Date: ?-2 2- D 7 By: VtV, is Marie Coyne, Esq. Supreme Ct. No. 53/88 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Respondent/Plaintiff 2 1 PROOF OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that the undersigned served a copy of the Respondent's Reply to Rule to Show Cuase by first class mail, postage prepaid addressed as follows: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 r DATE - Z Z - D -7 Li a ie Coyne, Esq e ' ?? ? l - 1 V.a i. ?`r. (`5? i...- ? - A, { ?+ . -??' ?-? ?+ - ["{'? ' - ..-?- ;r - w. ;\:t DAVID L. ALLEN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GINA ALLEN, DEFENDANT 04-4913 CIVIL TERM ORDER OF COURT AND NOW, this '2-'k day of May, 2007, following review of the petition to amend a qualified domestic relations order, and the answer filed thereto, a hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1:30 p.m., Thursday, June 14, 2007. By the C Edgar B. Bayley, J. o6sa Marie Coyne, Esquire For Plaintiff ,Aarbara Sumple-Sullivan, Esquire For Defendant :sal J 0 ( Cl LL1 - - LL- LL ? CD C=> cl-j DAVID L. ALLEN, Plaintiff V. GINA ALLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4913 : CIVIL ACTION -LAW : IN DIVORCE AMENDED QUALIFIED DOMESTIC RELATIONS ORDER PREAMBLE This Order is intended to be a Qualified Domestic Relations Order ("QDRO") as defined in Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"). ORDER SECTION 1. REQUIRED BACKGROUND INFORMATION A. Identification of the Plan This Order applies to benefits under the WESTERN CONFERENCE OF TEAMSTERS PENSION PLAN (the "Plan"). B. Identification of Participant 1. Participant's Name: DAVID L. ALLEN 2. Mailing Address: 1740 Josiah Chowning Way, New Cumberland, PA 17070 3. Date of Birth: May 30, 1961 4. Participant shall keep the Plan advised at all times of Participant's current mailing address. C. Identification of Alternate Payee 1. Alternate Payee's Name: GINA ALLEN 2. Mailing Address: 1240 Hunters Ridge Drive, Mechanicsburg, PA 17050 3. Date of Birth: January 9, 1953 4. Alternate Payee shall keep the Plan advised at all times of Alternate Payee's current mailing address. D. Identification of Alternate Payee's Beneficiary 1. Name of Alternate Payee's Beneficiary: ESTATE OF GINA ALLEN, DECEASED 2. Mailing Address: To be determined. 3. Date of Birth: N/A 4. Alternate Payee may change the identity of Alternate Payee's Beneficiary at any time by following the Plan's Beneficiary designation procedures. If Alternate Payee's designated Beneficiary is not living when any payment is to be made on Alternate Payee's behalf, then payment shall be made in equal shares to Alternate Payee's survivor(s) in the first surviving class among the following: (1) spouse, (2) children, (3) parents, (4) siblings, and (5) estate. E. Statement of Confidential Information Participant's, Alternate Payee's, and Alternate Payee's Beneficiary's Social Security number must be entered on a separate form supplied by the plan entitled "Statement of Confidential Information." The form must be completed and returned to the Plan with a copy of this Order, or as soon as possible thereafter. The Plan requires this information for tax purposes. The form is not a public record and must not be filed as part of these proceedings. F. Dates Required for Calculating Marital Property Interest 1. Date of Marriage: March 26, 1983 2. Date of Separation: February 22, 2004 SECTION 2. ENFORCEABILITY OF THIS ORDER This Order shall be enforceable against the Plan ONLY if and when the conditions in Section 2.A and 23 are both met: A. Timing This Order is submitted to the Plan administrator before the date payment of Participant's Plan benefits begin; or 2. If Plan benefits to Participant have begun, in connection with these proceedings. a. The Plan has been withholding (or has been required to withhold) all or a portion of any payments made to Participant, and 2 b. This Order is submitted to the Plan administrator within 18 months of the date the Plan began (or was required to begin) the withholding described in Section 2.A.2.a. B. Determination of Order as a QDRO The Plan makes a final determination that this Order is a QDRO; or 2. A court of competent jurisdiction makes a final determination that this Order is a QDRO after the Plan makes a final determination that this Order is not a QDRO (or fails to make a determination within a reasonable period of time whether this Order is or is not a QDRO). SECTION 3. DESIGNATION OF ALTERNATE PAYEE'S SEPARATE PERCENTAGE INTEREST IN PARTICIPANT'S BENEFITS A. The Court finds that Participant has earned Plan benefits that are marital property of Participant and Alternate Payee. B. The Court awards Alternate Payee a separate interest in Participant's Plan benefits equal to 55% of the marital property portion of the Participant's normal retirement benefit accrued to the effective date of Alternate Payee's Plan benefits ("Alternate Payee's Separate Percentage Interest"). The effective date of Alternate Payee's Plan benefits is hereinafter referred to as "Alternate Payee's Benefit Commencement Date" (see also Sections 4.C and 9.E for more information regarding Alternate Payee's Benefit Commencement Date). C. Alternate Payee's Separate Percentage Interest In Participant's Plan benefits shall be determined using the following formula: Participant's Total Hours of Benefit Service Under the Plan Earned from March 26. 1983 (date of marriage) to February 22, 2004 (date of separation) 55% x Participant's Total Hours of Benefit Service Earned (Alternate up to Alternate Payee's Benefit Commencement Date Payee's share of The Marital property Portion of Participant's Plan Benefits) D. The Plan shall determine Participant's "Hours of Benefit Service" to be included in the numerator and the denominator of the above fraction in accordance with the Plan's terms and procedures. E. Except as provided in Section 6, if Alternate Payee dies before Alternate Payee's Benefit Commencement Date, Participant shall be entitled to Participant's entire interest in the Plan and neither Alternate Payee nor Alternate Payee's Beneficiary shall have any interest in any of Participant's Plan benefits. SECTION 4. PAYMENT OF ALTERNATE PAYEE'S BENEFITS: This Section applies ONLY if Participant has reached his or her Earliest Retirement Date under the Plan and is not then receiving Disability Retirement Benefits (see Section 8 and 9.E.2) and ONLY if Alternate Payee does not die before Alternate Payee's Benefit Commencement Date. A. Determination of Alternate Payee's Benefit In accordance with the Plan's QDRO procedures, the Plan shall convert Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit, accrued to Alternate Payee's Benefit Commencement Date to an actuarially equivalent benefit based on Alternate Payee's life. B. Form of Benefit The Plan shall make payments to Alternate Payee in the normal form of benefit under the Plan (that is, the Life Only Pension) or in any other form of benefit permitted by the Plan and elected by Alternate Payee (for example, a Benefit Adjustment Option or an Optional Lump Sum Death Benefit), other than: A disability retirement pension, or 2. A joint and survivor pension. C. Commencement of Alternate Payee's Benefits The Plan shall make payments to Alternate Payee in satisfaction of Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit in accordance with the following provisions: 1. Alternate Payee must file with the Plan an application for benefits on a form prescribed by the Plan. 4 2. Payment to Alternate Payee shall begin on the date elected by Alternate Payee, provided that date: a. Is the first day of a calendar month; b. Is not more than three months before Alternate Payee's application for benefits is received by the Plan; and C. Notwithstanding Section 4.C.2.b above, is no later than the earlier of Participant's Benefit Commencement Date or Participant's date of death. D. Subsidies for Early Retirement Payments to Alternate Payee shall not take into account the value of any subsidy for early retirement except as follows: 1. Timing a. The Plan shall take into account the value of any subsidy for early retirement ONLY if and when the following conditions are met: i. The Plan commences payment of Plan benefits to Participant; and ii. Such benefits include a subsidy for early retirement. b. Alternate Payee shall be entitled to receive Alternate Payee's interest in any early retirement subsidy payable with respect to Participant beginning with Participant's Benefit Commencement Date. 2. Amount b. The amount of Alternate Payee's interest in any early retirement subsidy payable to Participant, and any adjustment to Alternate Payee's benefits to reflect that interest, shall be determined in accordance with the Plan's QDRO procedures. C. In no event shall the amount of Alternate Payee's interest in any early retirement subsidy payable to Participant include any amount Participant could have received as an early retirement subsidy had Participant begun receiving Plan benefits on a date earlier than Participant's actual Benefit Commencement Date. 5 SECTION 5. DEATH AND SURVIVOR BENEFITS PAYABLE TO ALTERNATE PAYEE: This Section 5 applies ONLY if Participant dies before Participant's Earliest Retirement Date under the Plan and before Alternate Payee, and Participant is not then receiving Disability Retirement Benefits (see Section 8 and 9.E.2). A. The Plan shall treat Alternate Payee as Participant's "surviving spouse" for purposes of the immediate or deferred Before Retirement Spouse Lifetime Pension, as appropriate, but only to the extent of Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit. The Before Retirement Spouse Lifetime Pension satisfies the qualified pre-retirement survivor annuity requirements mandated by Federal pension law (ERISA Section 205(e)). B. The Plan shall pay Alternate Payee an amount equal to Alternate Payee's Separate Percentage Interest in any Basis Lump Sum Death Benefit that becomes payable upon Participant's death. SECTION 6. DEATH AND SURVIVOR BENEFITS PAYABLE TO ALTERNATE PAYEE'S BENEFICIARY: This Section 6 applies ONLY if Participant and Alternate Payee each die before their respective Benefit Commencement Dates and Alternate Payee predeceases Participant. The Plan shall pay Alternate Payee's Beneficiary an amount equal to Alternate Payee's Separate Percentage Interest in any lump sum death benefits that become payable upon Participant's death (that is, the Basic Lump Sum Death Benefit and, if applicable, the Before Retirement 48-Month Death Benefit). SECTION 7. DETERMINATION OF PARTICIPANT'S BENEFITS A. This Section 7.A applies only if Section 4, 5 or 6 applies: The Plan shall reduce Participants normal retirement benefit, and the amount of any benefits that are calculated by referenced to Participant's normal retirement benefit, by Alternate Payee's Separate Percentage Interest therein. B. This Section 7.B applies only if Section 5 or 6 applies: The Plan shall reduce the Basic Lump Sum Death Benefit payable to Participant's Beneficiary by an amount equal to Alternate Payee's Separate Percentage Interest. C. Any benefits payable under the Plan with respect to Participant that have not been awarded to Alternate Payee (or Alternate Payee's Beneficiary) by this Order are awarded to Participant. 6 SECTION S. DISABILITY RETIREMENT BENEFITS: (See Section 9.E.2 for definition): This Section applies ONLY if (i) Participant's Disability Retirement Benefits Commencement Date is before Participant's Earliest Retirement Date under the Plan and Alternate Payee is then alive, and (ii) Alternate Payee has not received payments under Section 4 before the Plan approves Participant's application for Disability Retirement Benefits. A. As soon as practical following the Plan's receipt of Participant's application for benefits, the Plan shall send Alternate Payee written notice to Alternate Payee's last reported address to the Plan that Participant has applied for disability benefits. B. Sections 4 through 7 of this Order shall not apply except in the event Participant recovers from disability as provided in Section 8.D. C. In accordance with Section 10, the parties shall obtain a new QDRO that implements the payment of Alternate Payee's community/marital property interest under Section 3 in light of Participant's entitlement to Disability Retirement Benefits before Participant's Earliest Retirement Date. The new order shall take into account the parties' circumstances at the time of Participant's Disability Benefit Commencement Date such as whether Participant is married or whether state law impacts the division of disability benefits. D. The Plan shall withhold Alternate Payee's fractional interest in Participant's Plan benefits (as determined under Section 3.C) from each of Participant's monthly lifetime Disability Retirement Benefit payments until the Plan receives a QDRO pursuant to Section 8.B. The Plan shall dispose of the withheld benefits in accordance with the terms of the new QDRO. E. If Participant loses entitlement to Disability Retirement Benefits before Participant's Earliest Retirement Date, the Plan shall pay Alternate Payee and Participant in accordance with Sections 4 through 8 of this Order. Any QRO that had been entered pursuant to Section 8.B shall no longer apply unless Section 8 applies again. F. Nothing in this Order shall prevent the Plan from processing and paying Participant's interest in the Disability Retirement Benefits. 7 SECTION 9. GENERAL PROVISIONS A. Compliance with ERISA and the Code Pursuant to Federal law, this Order shall not be construed to: 1. Provide Alternate Payee any type or form of benefits, or any option, not otherwise provided under the Plan; 2. Provide a benefit to Alternate Payee which could have the effect of increasing Participant's total accrued benefit; and 3. Provide Plan benefits to Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO. B. Participant's Cooperation Required Participant must cooperate fully with Alternate Payee and the Plan to carry out the conditions of this Order. C. Alternate Payee's Cooperation Required Alternate Payee must provide the Plan with whatever information the Plan reasonably needs to determine Alternate Payee's entitlement to benefits. D. The Plan's Right to Recover Overpayments Payments by the Plan pursuant to this Order shall be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. E. Definitions. 1. Benefit Commencement Date shall mean the "annuity starting date" as that term is defined in the Code and corresponding Treasury Regulations. 2. Disability Retirement Benefits shall mean those Plan benefits provided to retirees pursuant to Article 9 of the Plan. 8 F. Participant's Beneficiary Participant may designate or change Participant's Beneficiary under the Plan without the consent of Alternate Payee or Alternate Payee's Beneficiary. G. Effect of Plan changes If changes in the terms of the Plan prevent the Plan from making any payment expressly provided for in this Order, for the purpose of maintaining the Order's Status as a QDRO, the Plan is authorized to interpret the Order in a manner that is consistent with this Order and the plan as changed. Any such interpretation by the Plan is subject to review by the Court in accordance with Section 10 by petition of either party. SECTION 10. RESERVATION OF JURISDICTION The Court retains jurisdiction to make such further orders as are appropriate to (i) implement Section 8.B, (ii) enforce or clarify the provisions of Sections 1 through 9, or (iii) amend this Order for the purpose of establishing or maintainin this Order's qualification as a Qualified Domestic Relations Order. BY THE MMT: b k-2--i Jo* J. CONSE D T : David L. Allen, Plaintiff c t )is Marie Coyne, Esq ire [AN C? ? VIN`J N r W o 80 :z ud 8Z Nnr LOOZ ------- Kd`G'l.Qi't 1t I1CdHi 30