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Home My WebLink About06-2710 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6fs.-JI16 Ciud., ~&<-~ TAMMYK. WYNN, Plaintiff JOHN A. WYNN, Defendant CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you by the court: A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 Bedford Street Carlisle, P A 17013 (717) 249-3166 v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY K. WYNN, Plaintiff NO. JOHN A. WYNN, Defendant CIVIL ACTION - DIVORCE A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quesjas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se la avisa que si no defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulmiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantas para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en One Courthouse Square, Carlisle, P A 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDIA TO. SI NO TIENE OR NO PUEDE P AGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIA nON 32 Bedford Street Carlisle, PAl 70 I3 (717) 249-3166 T ANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 6l." - d 1/d C:";l~EiL~ CIVIL ACTION - DIVORCE TAMMYK. WYNN, Plaintiff JOHN A. WYNN, Defendant COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Tammy K. Wynn, by and through her attorney, Tanner Law Offices, LLC, and represents as follows: I. Plaintiff is Tammy K. Wynn who currently resides at 38 Lilac Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is John A. Wynn who currently resides at 38 Lilac Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 30, 1993 in Shape Gap, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken: Plaintiff and Defendant have lived separate and apart since April 26, 2006, and continue to live separate and apart as ofthe date of filing this Complaint. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety (90) days from the date of the filing ofthis Complaint, consent to this divorce. 7. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 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. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT I - CUSTODY 9. Paragraphs I through 8 are incorporated herein by reference as if set forth in their full text. 10. Plaintiff seeks primary custody of the following Children: Present Address Al:e Name Taylor Wynn 38 Lilac Drive Mechanicsburg, P A 17050 11 (D.O.B.5/17/95) Zachary Wynn 38 Lilac Drive Mechanicsburg, P A 17050 8 (D.O.B. 5/6/98) 11. Taylor and Zachary Wynn were born in wedlock. 12. The Children are presently in the custody of the Plaintiff, Tammy K. Wynn and Defendant, John A. Wynn, who reside at 38 Lilac Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 13. During the last five years, the Children have resided with the following persons at the following addresses: Person{ s ): Tammy K. Wynn John A. Wynn Address: 38 Lilac Drive Mechanicsburg, P A 17050 Dates: 8/2002- present Tammy K. Wynn John A. Wynn 14 Furmon Road Dillsburg,PA 17019 11/1994-8/2002 14. The mother of the Children is Plaintiff, Tammy K. Wynn, currently residing at 38 Lilac Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 15. The father of the Children is Defendant, John A. Wynn, currently residing at 38 Lilac Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 16. The relationship of the Plaintiff to the Children is that of mother. 17. The relationship of the Defendant to the Children is that of father. 18. Plaintiff has not participated as a party in other litigation concerning the custody of the Children in a court of this Commonwealth or any other state. 19. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Children and claims to have custody or visitation rights with respect to the Children. 20. Each parent whose parental rights to the Children have not been terminated and the person who has physical custody of the Children have been named as parties to this action. 21. The best interests and permanent welfare of the Children will be served by granting the relief requested. The quality of the Children's physical, intellectual, moral and spiritual environment would be improved by Plaintiffs continued interaction in her Children's lives. WHEREFORE, Plaintiff requests the Court to grant her Custody of the Children. COUNT II - Eauitable Distribution of Marital Property Under Section 3502(a) of the Divorce Code 22. Paragraphs I through 21 are incorporated herein by reference as though set forth in full. 23. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 24. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as ofthe date of the filing of this Amended Complaint. 25. Plaintiff requests that this Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that this Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) ofthe Divorce Code. Respectfully submitted, -/dp;( 4. ~ Tabetha A. Tanner, Esquire Supreme Court 1.0. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 (717)731-8114 . . VERIFICATION I verifY that the statements made in this Complaint in Divorce are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: oJ6/0& ~~ I L ~ ""'- ~ ?CJ 7"::... I)J ........ (;) ~ ~ "'0 ~ 9.J ....() ~ -:--. C 9 . 0 "" 0 CI) ~ = ~ l) C <0> "T1 () ,,>' - \) c- D- 'S,.. ::It !f,:n -::t. ~ () ""t:1(r' ". i \ P;'l- -< ;ge ~ -;,', ~ ~ \ ~~ ~) <>,0 r;: .-,- -r, - <.. -0 ~I- :n 1~",.", :;:: 9~ ~ - P- ~r- ~~,:':~ Q J..J r- ~ :r:>~'-:::' /:.: ....0 -- <:::> :'0 -< 0' -< --.. -4-. --C.. ~ -f-. ~ lJ .... TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff TAMMYK. WYNN, Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2710 CIVIL TERM JOHN A. WYNN, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Complaint in Divorce filed in the above-captioned matter upon the Defendant, John A. Wynn, by regular and certified mail, restricted delivery, return receipt requested, addressed as follows: Mr. JohnA. Wynn 38 Lilac Drive Mechanicsburg, PA 17050 and did thereafter receive same as evidenced by the attached Post Office receipt card dated m fj ) 1 J(JD & Respectfuily submitted, --!okda A. -tM1~ Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 I - -~ e e M IT" ...D ru U S Postal SerVICf> CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) ~ tlEQ&tIi "GsI A L .::r ru c:J Certified Fee c:J c:J RelUm Receipt Fee (Endorsement Recjulred) c:J Restricted Delivery Fee c:J (Endorsement Required) M c:J ...D c:J c:J I"- . Complete Items 1. 2. and 3. Also complete Item 4 If Restricted Delivery Is desired. . Print your name and addl'8SS on the reverse so that we can return the card to you. . < . Attach this card to the back of the rnaJlpieof or on the front If space pennlts. 1. ArtIcle Addressed to: M( ,Jt}hn A . W -0Y\r1 o~ L-I\o..e Dr\Y~ m~cYwn\(S\aVG 1 ft::! 1105{p 2.. ArtIcle Number ",..",. tam ....-.. PS Form 3811, ~ 2004 DAgent D Add.-see C.DateofDelIvery Dyes DNo 3. CertIfIed Mall D Express Mall D RegIstered CJ Return Receipt for Merchandise CJ II18UI8d Mall CJ C.O.D. 4. ReIIrtcted DelIvery? (E1dre Fee) 'lee 7006 0100 oooa 4039 a.91 DorrIIIIIc Altum AeoIIpt 1~1540 ,- -- ~~i-! (/J.,po -<_.,. r:"'-- <:0 ~f; -~;; "r'.,,,.. ~ ~ f')? N -.3 I> ~ L ~ N -:l () "Tl ~ rn~ -om - ~ 1 r:::' ) .: 't. . " NOV 0 1 2006 ;/I ) TAMMYK, WYNN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ~ ~ ~ ~ ~ ~ ~ NO, 06-2710 CIVIL TERM JOHN A. WYNN, Defendant CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, Tammy K. Wynn, (Wife), born on August 23, 1969, residing at 250 Cottage Avenue, Williamsport, Pennsylvania 17701 and having a social security number of 198-56-6333; and John A. Wynn (Husband), born on March 11, 1968, residing at 38 Lilac Drive, Mechanicsburg, Pennsylvania 17050 and having a social security number of 190-64- 0219, were married on January 30, 1993 and separated on April 26, 2006; and WHEREAS, Husband and Wife entered into a comprehensive marital settlement agreement on August 29,2006; and WHEREAS, Husband ("Participant") has a retirement account through Highmark Investment Plan ("the Plan") with Highmark, Inc. as the Plan sponsor; and the Plan Administrator as Mr. Rich Little, Highmark, Inc., 1800 Center Street, P.O. Box 890089, Camp Hill, Pennsylvania 17089; and WHEREAS, Participant agreed pursuant to the August 29,2006 Marital Settlement Agreement, that Wife ("Alternate Payee") shall receive from his benefits under the Plan, the Page 1 of 6 . , ~ sum of three thousand, two hundred fifty dollars ($3,250.00) from the value of the Participant's vested account balance under the Plan determined as of August 29,2006. NOW THEREFORE, IT IS NOW ORDERED that: 1. Participant shall pay to the Alternate Payee the sum of three thousand, two hundred fifty dollars ($3,250.00) from the value of the Participant's vested account balance under the Plan determined as of August 29,2006; 2. The above determined amount will not be credited or debited with any gains or losses attributable to such amount for the period from August 29,2006 to the date of assignment of the calculated award to a separate account in the Alternate Payee's name under the Plan; 3. The calculated lump sum award determined above shall be transferred to a separate account under the Plan in the name of the Alternate Payee as soon as administratively feasible. The Alternate Payee may elect to receive distribution from her separate account in accordance with the terms ofthe Plan without reference to the Participant's attainment of "earliest retirement age" as defined under Section 4l4(P)( 4 )(B) ofthe Internal Revenue Code of 1986, as amended. 4. Any outstanding loan balances will be considered as part of the Participant's vested account balance for purposes of determining the amount to be assigned Page 2 of 6 .. to the Alternate Payee. Participant shall retain the responsibility for payment of any such outstanding loan balances. 5. After assignment of the award to Alternate Payee's Prudential Trust Company IRA, the Participant shall be awarded all right, title and interest in and to the Participant's account balance, as reduced above, under the Plan free and clear of any interest of the Alternate Payee. 6. In the event of the Participant's death, there will be no effect on the payment of the award assigned to the Alternate Payee hereunder. With respect to the Participant's account balance under the Plan not assigned to the Alternate Payee under this order, the Alternate Payee will not be entitled to any survivor benefits. 7. In the event of the Alternate Payee's death before receipt of the assigned benefit, such benefit shall be payable to the designated beneficiary of the Alternate Payee or, if there is no designated beneficiary, to the Alternate Payee's (a) living children or, if none (b) living parents or, if none (c) living brothers and sisters or, if none (d) estate; provided, however, that once benefits have commenced to the Alternate Payee, the form of benefit elected shall determine if any additional amounts shall be paid upon the Alternate Payee's death. Page 3 of 6 ..; 8. It is this Court's intention that the provisions of the Order operate as an effective assignment of said interest under both state and federal law, for all purposes, and constitute a "Qualified Domestic Relations Order" in compliance with Section 414(p) of the Internal Revenue Code of 1986, as amended and Section 206(d)(3) ofthe Employee Retirement Income Security Act of 1974, as amended. This QDRO is granted in accordance with the Domestic Relations Code of the Commonwealth of Pennsylvania, which relates to the division of marital property rights as defined therein between spouses and former spouses and actions for divorce. In the event that it is subsequently determined by the Plan Administrator for the Plan, by a court of competent jurisdiction, or otherwise, that the provisions of this Order fail to meet the requirements of a "Qualified Domestic Relations Order," both parties shall cooperate fully and shall execute any and all documents necessary to obtain an Amended Judgement and Decree containing an Order of this Court, meeting all requirements of a "Qualified Domestic Relations Order," and this Court expressly reserves jurisdiction over the Participant's benefits in the above named Plan as of the date of entry of Judgement and Decree, in order to effectuate the assignment of benefits ordered above. This Order supercedes all previously filed Orders in this matter relating to this subject. Page 4 of 6 , . 9. This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to increase benefits, other than through the accumulation of earnings; ( c) to require the payment of any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another order which was previously deemed to be a QDRO.. 10. The Alternate Payee is ordered to report any retirement payments received on any applicable income tax return. The Plan Trustee is authorized to issue a form 1099-R on any direct payments made to the Alternate Payee. 11. In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he or she has received such benefit payment and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. 12. The Participant and Alternate Payee shall hold the Plan, Highmark, Inc., and any fiduciary harmless from any liabilities, which arise from this domestic Page 5 of 6 " #0 , . relations order, including all reasonable attorney's fees which may be incurred in connection with any claims which are asserted because the Plan honors this order. 13. To the extent ofthe dollar amount due to the Alternate Payee pursuant to this Order, the Participant shall be the guarantor of all warranties and obligations recited in this Order and he shall be personally liable to the Alternate Payee for any adverse consequence to Alternate Payee that may arise out of the failure of any warranty to be true and correct in all material respects or the failure of the Employer, Plan Administrator or Trustee to carry out the terms of this Order. NOy tdue ~ / d:lJ~ 1. CONSENTED TO: loh9t , Date / ojJJ /111 Date Page 6 of 6 1"] I :8 !,~d 8- AON 900l t . 'V' (V f '''''1 ' " . . I -'U' ::l'" AtJvlui,lnL\Jba :Jill. U '""('\1 . "", n:ll' I :k)I:.L:t,l....r-....J:J J: Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 (71 7) 731-8114 ttanner@tanner-Iaw.com TAMMY K. WYNN, Plaintiff v. ~ IN THE COURT OF COMMON PLEAS OF ~C.urnber1o..nd COUNTY, PENNSYL VANIA ~ ~ NO. 06-2710 Civil Term ~ ~ CIVIL ACTION - DIVORCE ~ JOHN A. WYNN, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on May 11, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of Divorce. 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: cUe. SJ 9Jj)(o r--..:l = = c'" o r"r-i r; o ." -I m:D r- fti C i ~~: ~_ ~ I ('--. :-:-5 In ~i~ ~ 0) -0 N 01 Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 (717) 731-8114 ttanner@tanner-Iaw,com TAMMY K. WYNN, Plaintiff v. ~ IN THE COURT OF COMMON PLEAS OF ~ CW'YlW/AI)cl COUNTY, PENNSYL VANIA ~ ~ NO. 06-2710 Civil Term ~ ~ CIVIL ACTION - DIVORCE ~ JOHN A. WYNN, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (e) 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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ht.. 9 IlfX.Xp ) ~ ,lJ - Tanuny K. WI n, p~ (') ~ 1-..:1 ~= c:=> CT"o o rrJ n o 11 I! r-Tl 'T1 Dr ]1 ~~: ~...~. -["j ~:::~; f~;:~ .) ;~ =< OJ r~ 0'1 Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 (717) 731-8114 ttanner@tanner-Iaw.com TAMMYK. WYNN, Plaintiff v. ~ IN THE COURT OF COMMON PLEAS OF ~ c'lArntUltmd COUNTY, PENNSYL VANIA ~ ~ NO. 06-2710 Civil Term ~ ~ CIVIL ACTION - DIVORCE ~ JOHN A. WYNN, Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on May 11,2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of Divorce. 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: )2/8/0(, . (') ~ f'o..,:> = C:;:) 0-. CJ f71 ('"") o 11 --I ::"1:.,., ~b.~ ::...:.~, i C,) --:-J ~~~~' =ri 1"''' ::.:;;. (-j. ~'~.~~) i':-t: \ "~~ :n -< en Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717)731-8114 ttanner@tanner-Iaw.com TAMMYK. WYNN, Plaintiff v. ~ IN THE COURT OF COMMON PLEAS OF ~Cl.Un~ COUNTY, PENNSYLVANIA ~ ~ NO. 06-2710 Civil Term ~ ~ CIVIL ACTION - DIVORCE ~ JOHN A. WYNN, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301 (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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: izh ~(p , , Jo~,ie~ I"-.) C:.,") {:::::) o~ o -n =? Pi'r--!::! 2:1 (~:J ::rl o rr; (""') co f:Y en ?' ' l' e e TAMMY K. WYNN, Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 06-2710 CIVIL TERM JOHN A. WYNN, Defendant CIVIL ACTION - DIVORCE MARITAL SETTLEMENT AGREEMENT This Agreement, made and entered into this J. q f'" day of f1 j u sf , 2006, by and between TAMMY K. WYNN, of Williamsport, Lycoming County, Pennsylvania, hereinafter referred to as "WIFE," and JOHN A. WYNN, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND." WHEREAS, the parties hereto are now Husband and Wife, having been lawfully married to each other on January 30, 1993, in Pennsylvania; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature Page I of I . " e e requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, counsel fees, or other expenses, except as set forth herein; and Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, except as set forth herein; NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties hereto intending to be legally bound hereby do mutually agree as follows: I. Separation. Husband and Wife do hereby acknowledge that they have lived separate and apart since April 26, 2006, and continue to live separate and apart as of the date of this Agreement, and further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, Page 2 of 2 . . e e and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. Page 3 of 3 , .' . . I e e The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that, except as provided herein, neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other; to that end, each of the parties hereto does hereby waive any right to receive support, alimony, Page 4 of 4 . ., e e counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Spousal Support/Alimony. In consideration of the mutual agreement of the parties, and their decision to voluntarily live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties release, and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provision for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and costs. 5. Division of Marital Residence. The parties jointly own the marital residence at 38 Lilac Drive, Mechanicsburg, Cumberland County, Pennsylvania. Husband shall retain sole and exclusive ownership and possession of said residence. Husband shall re-finance the mortgage currently on the property, into his sole name so to remove Wife from any liability thereon. Wife shall execute a deed, prepared by counsel for Wife to be delivered to Husband in advance of settlement on the re-finance, transferring all her right, title and interest in the marital Page 5 of 5 . . e e residence to Husband. Husband shall hold Wife harmless against any liability resulting from his failure to make proper mortgage payments. Upon his re- finance of the marital residence, Husband shall pay to Wife the sum of nine thousand, three hundred sixty-seven dollars and twenty-four cents ($9,367.24) in one lump sum payment. 6. Division of Personal Property. Except as otherwise set forth herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any items which are now in the possession or under control of the other. It is specifically agreed and understood that Husband will provide to Wife the following items which are currently maintained at the marital residence: a. Air Mattress; b. Large/Small Blue/White Coolers; c. Red, White and Blue camp chair; d. Wedding dress; e. Craft items; f. Half of the photographs of the children which are located in the blue Rubbermaid tub. Page 6 of 6 . , e e 7. Cash Payment. In consideration of the various covenants and promises contained herein, it is agreed that within fifteen (15) days of the execution of this Agreement, Husband shall pay to Wife the sum of twelve thousand, six hundred seventeen dollars and twenty-four cents ($12,617.24). Said payments shall be made pursuant to paragraphs 5 and 9 as set forth herein. If the event that Husband does not have the resources from the specific sources set forth in paragraphs 5 and 9, Husband shall still be required to make said payments to Wife within fifteen (15) days of the execution of this Agreement. 8. Motor Vehicles. Wife shall retain sole ownership and possession of the 2004 Toyota Corolla. Husband shall retain sole ownership and possession of the 1999 Astro Van. Each party shall maintain sole responsibility for any and all payments associated with their respective vehicles and shall indemnify and hold the other harmless against any liability resulting from their failure to make proper payments thereon. Husband and Wife shall cooperate in executing any and all necessary documents to remove Husband's name for the title for the 2004 Toyota Corolla. 9. Pensions/Annuities And/Or Retirement Benefits. The parties agree and acknowledge that Husband owns a 401(k) with an approximate value of nine thousand four hundred twenty-four dollars and seventy-eight cents ($9,424.78). Wife owns and IRA with an approximate value of six thousand, nine hundred three dollars and sixty-four cents ($6,903.64). It is agreed that each party shall Page 7 of 7 . .' e e retain sole and exclusive ownership of their respective accounts detailed above, and that each hereby waives any right, claim or interest that they may have in the accounts of the other with the exceptions as set forth below: a. Husband shall roll the sum of three thousand two hundred fifty dollars ($3,250.00) from his 401(k) into Wife's IRA within fifteen (15) days of the execution of this Agreement. 10. Marital Debt: The parties agree and acknowledge that they have incurred marital debt throughout their marital union. Specifically, the parties have the following liabilities: a. Visa card $5,552.79 b. Khol's card $ 513.00 Husband shall assume the above-referenced marital debts and shall indemnify and hold Wife harmless against any liability resulting from his failure to pay these debts. The parties specifically represent that they are aware of no other outstanding debt in the joint names of both parties. To the extent that any such joint debt may exist, said debt shall be assumed by the party to whom request for payment has been sent up to the effective date of this Agreement. The party assuming any such debt shall indemnify and hold the other party harmless against any liability resulting therefrom. Page 8 of 8 . .. e e 11. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 12. Bank Accounts. Husband and Wife acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole owner of their respective accounts and that they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. Relocation. Neither party shall move or relocate within one hundred (100) miles from their present location without the prior written consent of the other party. 13. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending divorce between them in the Court of Common Pleas of Cumberland County, No. 06-2710. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and fully settle hereby all claims raised by either party in the divorce action. 14. Incorporation and Judgment for Divorce. This Agreement and all of its provisions shall be incorporated into the decree of divorce in the aforementioned divorce action, either directly or by reference. Page 9 of 9 . . e e 15. Breach. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 16. Enforcement. The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 17. Applicable Law and Execution. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. 18. The Entire Agreement. The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 19. 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 Agreement. Page 10 of 10 . . e e 20. Financial Disclosure. The parties confirm that they have relied of the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. 21. Modification of this Agreement. The 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. Page II of II ".11 e e 22. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 23. Voluntary Execution. Each of the parties has read and understands the above and is signing this Agreement as a free and voluntary act and having had the opportunity to obtain advice of separate legal counsel. IN WIlNESS WHEREOF, and intending to be legally bound, the parties have set their hands and seals the day and year first written above. ~4~ 7~A--j~ 7~ Ar-j~ Signature of Witness Signature of Witness ~bPlIv;.. 4. !Q/JI1-{K' Printed Name of Witness 70 Jrdfo. A. 70 /)I}# , Printed Name of Witness Page 12 of 12 (") r- ,....., = = L;"'" o -n :r"Tl m;.,:= I r-" (~J c. rrj C) c:; ~ ro" (~~) In C". k \. Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 (717) 731-8114 ttanner@tanner-Iaw.com TAMMYK. WYNN, Plaintiff v. ~ IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYL VANIA ~ ~ NO. 06-2710 Civil Term ~ ~ CIVIL ACTION - DIVORCE ~ ~ JOHN A. WYNN, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301 ( c) of the Divorce Code. 2. Date and Manner of Service of the Complaint: United States Postal Service, first class mail, postage prepaid, certified, restricted delivery. Return receipt dated May 19,2006. 3. Date of Execution of the Affidavit of Consent Required by Section 3301(c) of the Divorce Code: by Plaintiff on December 8, 2006; by Defendant on December 8, 2006. 4. Related Claims Pending: no other marital claims pending. All marital claims were settled by the enclosed Marital Settlement Agreement dated August 29, 2006 to be incorporated but not merged into the Divorce Decree. j.,. ~ 5. Date of Filing Waivers of Notice: Plaintiffs waiver is being filed with this Praecipe; Defendant's waiver is being filed with this Praecipe. 1~ 4-1~ Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court J.D. No. 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 ~~~~~~~~~~~ ~~~ ~~~~~~ ~~~~~~ ~ ~ ~~ ~ ~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ '" IN THE COURT OF COMMON PLEAS : ., OFCUMBERLANDCOUNTY ; ., ., '" STATE OF PENNA. ~ ~ ., TAMMY K. WYNN, Plaintiff No. 06-2710 Civil Term VERSUS JOHN A. WYNN, Defendant DECREE IN DIVORCE AND NOW, DeL ~&l, , IT IS ORDERED AND 2.7 DECREED THAT TAMMY K. WYNN, , PLAI NTI FF, AND JOHN A. WYNN, , 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; All marital claims were settled by the Marital Settlement Aqreement dated August 29, 2006 to be incorporated but not merged into the Divorce Decree. :f.~:+::+::f.:f.:f.+:+::f.:+::+::+::+::+: . ;k~ ~ ~ (0 -I ~ P ''2 ~ /MI"'J LiJ1 .~