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HomeMy WebLinkAbout97-02010 \ I I I i , ~ " ~ \J ~ ~ \, ~ ~ \ \ ''\ \ J -' ,/" .' .l~ , " r ... ~ -- . - ";) I.:J o - ~I t- ct ~ , ~****~**~'~*****'~'***~')*:*:',~-*,~'~**'~'~ . -~-~.....-~ -...............--.----....-..--. ....- -.- -.. .--..-.........~ ~-_.....-.~-~ -..- ~.~,~---_. -, , ,- ~.,.._. -- ._~ --.-.~~-_...~.~-...---..... .' '0, '.J ~ ~ ~ ~ ~I .. ~I ~l ~i ~' ~ ~ ~ ',' ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~' STATE OF 1~~~ PENNA. ~. '.~~J.~r CLIFFORD F. 1I0CKER, JR. Plaintiff N ll.97,../lOlOddddd'd 1<) \'p 1'...;1 I." MARILYN M. HOCKER, ~ Defendant ~ " ~ s DECREE IN DIVORCE * $ ~ ,', ~ ',' AND NOW, ",:i)CC.C ~,bcJ'" 2. 3""" 19 ,'1.~'" it is ordered and decreed that""", ~~~ff~~P,F:,!I~~~~R" ~~:."""."",..,.", plaintiff, and. ". , " .' '" , " "rwp,~~~ ,M., .I!oq~~~ " . ., " , ' .. , , " .,. , , , '" 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; ~ ~ ',' ~ .......................................................... ,...... ........', ~ n y T h ~ C o;r/: /7 ,/J j !//C::J e:.~ O~ fr , Alle,t: 0 "l~tk r~tf~..a:."'t.~ ~?'C'/~ ;:-~~ rYz' (/ "'rA?'rothollolary ~ .. ...............,.. ,................................... ?- ~ $ ~ ,:; ? ~ :I. ;::: ~ :I. _, __ ',' ' , ,,_ _ ' q ',__ ' .. ' , . , ~~~~.~.*~~..~.*~***~.~.~. J, ~ .:.:- .:+:- -:.:. .:+:. .:.:- .:t>:' .:.,:. .:+:. .:+;. .:.:- -:.:- .:+;. .:+:. w '.' ~ .. ~ ~ $ ~ $ ~ $ $ ~ .. ~ s ~ ',' * i, ~ ~ ',' ~ ',' ~ ~, ~ ~ * * * ~ ~ .~ /. (,', I !I'. I' !~ I',' I.,. ~ ~ ~ ;~ .~ ~ .~ . . '~ /',' , r M I I /~;Mr &./"/P;fr~JI, "':f ~~. to';E'~ '7litd .4Vl,t.fkt7b 4 m~ t:-' ~ , r 1 \(uv\.t'Jlmt. .onl CLIFFORD F, HOCKER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-2010 MARILYN M. HOCKER, Defendant CIVIL ACTION - DIVORCE ORDER AND NOW, this 2.:S. ~ day of .u("'u....., k,d , 1998, the property settlement agreement between the parties dated November 9, 1998, and attached hereto is hereby incorporated into the Decree in Divorce. BY THE COURT: ..,. .- ,~ . (~ .~ '',' C.l r;"":";.... ., '. . ". r. ~.' :: i 1: /, 9 \....;...'..,:, h:;,~ .j 1'P-ta /..~J.bl \",- fl\ogm\hock.r.cf\11'98 A C/lEEMEN T THIS AGREEMENT, made this ..Zt& day of /f/df/ .f'l.""~r , 1998, by and between MARILYN M. HOCKER, of Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"), and CLIFFORD F. HOCKER, JR., of Cumberland County, Pennsylvania, (hereinafter referred to as "Hus- band") ; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 27, 1974, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other includil~, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband -1- by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she , has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receiv- able by each party, and of every other fact relating in any way to the sUDj~~L mattc~ vf this ugrcement. These di9~}0Q1JrPR nrp. part of the consideration made by each party for entering into this agreement. 2. Advice of Counsel. Each party has been represented by an independent attorney, who was selected by the party whom he repre- sents, in the negotiation and preparation of this agreement. This agreement has been fully explained to each party by that party's attorney. Each party has carefully read this agreement and is com- pletely aware, not only of its contents, but also of its legal effect. -2- 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Freedom from 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 or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful exis- tence, separate and apart from the other. 5. Release of Claims. ~:ifc and Hucband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising -3- out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this ~gr.pemenr or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. -4- 6, Warranty as to Future ObliQations. Each party repre- Bents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind in- curred by them, including those for necessities. 7. Personal Property. Wife and Husband do hereby acknowl- edge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other person- alty and hereafter Wife agrees that all of the property in the posses' sion of Husband shall be the sole and separate property of Husband; dUU, Husband agrees th(4t ~ll property i!1 the Poqqp.RRion of wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. 8. Cash. All cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. -5- ! . 1\ I " been paid in full from the proceeds of the sale, The parties have divided the net proceeds from the sale equally between them, 13. Retirement Funds. Wife shall receive $85,853.93 of Husband's retirement account with the Pennsylvania State Employees' Retirement System, representing one-half of the increase in value of the account from the date of the marriage ((April 27, 1974) until the date of separation (March 1, 1997). Husband and Wife shall cooperate with each other in having a Qualified Domestic Relations Order ("QDRO"), and such other documents as may be required, submitted to the Pennsylvania State Employees' Retirement System to effectuate the provisions of this paragraph 13. 14. Waiver of Alimonv. The parties herein acknowledge that by this agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves suffi- Ciciit financiul resources to provide for their.cQ~f~rt. maintenance and support in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, alimony pendente lite or maintenance. It shall be from the date of this agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 15. Payment of Attornev Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the -7- ,. I . I full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 16. Informed and Vo1untarv Execution. Each party to this agreement acknowledges and declares that he or she, respectively: a. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. b. E~terE i~t0 thi~ Agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. c. Has given careful and mature thought to the making of this agreement. d. Has carefully read each provision of this agree- ment. e. Fully and completely understands each provision of this agreement. ,8- 17, Headinqs. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. lB. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instrUments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. Husband and Wife agree to execute any and all additional documents necessary to have a no,fault divorce entered in the Court of Common pleas of cumberland County, pennsylvania upon the expiration of 90 days from service of the divorce complaint on Wife by Husband. 19. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenfuL'-''''c1ul€:, Lh€: :Lemaining provisions shall neverth",l M'" rnntinue in full force and effect without being impaired in invalidated in any way. 20. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrUment to that effect signed by each of the parties hereto. ,9- 21, Future Earninqs. All income, earnings or other prop- erty received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. 22. Waiver of Riqhts. Each of the parties hereby irrevoca' , bly waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the partic3 further agree to consent to thp p.ntry of a Decree in Divorce. 23. Waiver of Breach, The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 24. Survival of Aqreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpreta- tion, be intended to survive and extend beyond the termination of the -10- marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 25. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. 26. Aqreement Bindinq on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors .--' I,.I.''''.A i:lSCl.gnc. 27. Divorce. Husband and Wife agree, upon the expiration of the ninety (90) day waiting period, to execute all Affidavits of Consent and other documentation necessary to have a divorce decree entered pursuant to Section 3301(c) of the Divorce Code of pennsylva. nia on the ground that the marriage is irretrievably broken. -11' IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. CJ1t aM~11YJ ,Jrocl(1jV MARILY M. HOCKER (SEAl,) (SEAL) ,12- I I . f , CLIFFORD F. HOCKER, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I NO. 97.2010 CIVIL VB. MARILYN M. HOCKER, DEFENDANT CIVIL ACTION . LAW ACTION FOR DIVORCE AND NOW. this '? S..~ day of ]Xc.r...., ~<0' , 199B, this Stipulation and Agreement of the parties is hereby made a Domestic Relations Order. By the - r~~ \ ' '1 '\'i1" . ~, ....; I", ,.- . SU:G' ~"_I :'~v_J~'5 1'- , It '_' _ _'..i CLIFFORD F. HOCKER, JR., PLAINTIFF I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.2010 CIVIL CIVIL ACTION - LAW VB. MARILYN H. HOCKER, DEFENDANT ACTION FOR DIVORCE STIPULATION AND AGREEMENT AND NOW, the parties, CLIFFORD F. HOCKER, JR., Plaintiff, and MARILYN M. HOCKER, Defendant do hereby StipUlate and Agree as follows: 1. The parties hereto were husband and wife, and a divorce action was filed in the Cumberland County Court at the docketed number 97.2010. This Honorable Court has juriSdiction over the parties. The parties were married on April 27, 1974. 2. Clifford F. Hocker, Jr., hereinafter referred to as "Member," is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System, hereinafter referred to as "SERS". 3. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. Section 5101-5956 ("Retirement Code") . 4. Marilyn M. Hocker, hereinafter referred to as "Alternate Payee," is the former spouse of Member, 5. The name, last known address, social security number and date of birth of the plan "Member" are: Name: Clifford F. Hocker, Jr. Address: B4 Lakepoint Drive, Harrisburg, Pennsylvania 17111 Social Security Number: #169-44-4461 Birth Date: March 15, 1952 6. The name, last known address, social security number and date of birth of the "Alternate Payee" are: Name: Marilyn M. Hocker Address: 31 Round Ridge Road. Mechanicsburg, pennsylvania 17055 Social Security Number: #20B-42-6337 Birth Date: May 1. 1954 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the SERS at all times. , t I I , 7. (a) The marital property component of the Member's retirement benefit equals (1) the Coverture Fraction multiplied by (2) the Member's retirement benefit as of Member's effective date of retirement. (b) The Coverture Fraction is a fraction with a value less than or equal to one. The numerator shall equal the amount of Member's credited service for the period from April 27, 1974 to March 1, 1997. The denominator shall equal the amount of Member's service for the period from the date Member became a participant in the SERS, to the date the Member ended participation in the SERS. (c) Fifty percent (50%) of the marital property component of the Member's retirement benefit, credited with the statutory rate of interest, is to be allocated to Alternate Payee for the purpose of equitable distribution of this marital asset. (d) If the Member elects to receive all or a portion of his accumulated deductions, the Alternate Payee is entitled to a portion of such deductions. The portion the Alternate payee is entitled to is determined by dividing the amount of the accumulated deductions the member elects to receive by the total amount of her accumulated deductions and multiplying this ratio by 50% of the Member's accumulated deductions on March 1, 1997, accumulated with interest at the rate of 4% per year compounded annually since March 1, 1997. The Alternate payee is also entitled to 50% of the balance of the marital component of Member's retirement benefit, such balance is the marital component of Member's retirement benefit as defined in paragraph 7(a) less any refund of accumulated deductions to which the Alternate Payee is entitled under this paragraph 9. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member of SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but eXCluding the disability portion of any disability annuities paid to Member by SERS or any deferred compensation benefits paid to Member by SERS. Equitable distribution of the marital property component of Member's retirement benefit, as set forth in paragraph Seven (7) shall commence as soon as administratively feasible after Member's effective date of retirement or the entry of this Stipulation and Agreement as a Domestic Relations Order acceptable to SERS, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of the Alternate payee's equitable distribution portion of the Member's retirement benefit for any dea th benef i ts payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative of any Domestic Relations Order incorporating this StipUlation and Agreement. The balance of any death benefit remaining after the allocation of the Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by the Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, f. , , . (a.) If the last Nomination of Beneficiaries Form filed by the Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a Beneficiary, then (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if the Alternate Payee predeceased Member. No portion of the Balance shall be payable to the Alternate Payee's estate. I, I 1 I ~ (b.) In addition, Member shall execute and deliver to the Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to the Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The type and amount of Member's retirement benefit payable under the terms of this Stipulation and Agreement after its entry as a Domestic Relations Order acceptable to SERS is dependent upon which option(s) is (are) selected by Member upon retirement. Member and Alternate Payee expressly agree upon Member's retirement he shall elect Special Option 4. This option will provide a joint and equitable distribution percent annuity, as described in paragraph 7, payable during the lifetime of the Member with an equitable distribution percent, as described in paragraph 7, of such annuity payable thereafter to his survivor annuitant, if living at his death, as set for in 71 Pa.C.S. Section 5705(a) (4), or any succeeding statute. Special Option 4. shall only govern and be applicable to the Alternate Payee's portion of the Member's retirement funds. The Member retains the ability to elect any option with respect to the portion of his retirement which belongs to him. The Member shall designate the Alternate Payee as his survivor annuitant under this Special Option 4. The intent of the Special Option 4 selection is to maintain levelized payments to the Alternate Payee for her life in the event of the Member's death after retirement. The Alternate Payee shall receive her equitable distribution percentage of the annuity which is payable to the Member during his lifetime, so that she shall receive a percentage of the Member's check during this lifetime and the same amount, all other things being equal, if he predeceases her after retirement. The Alternate Payee acknowledges if the Alternate Payee predeceases the Member after retirement then under this Special Option 4 selection benefits are payable to the Alternate Payee's estate. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of any payments payable to her from SERS under the terms of this Stipulation and Agreement. any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution interest in Member's retirement benefit as set forth in Paragraphs Seven (7) through Nine (9), 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights. privileges and options offered by SERS not granted to Alternate Payee are preserved for Member. 14. It is specifically intended and agreed by the parties hereto that this Stipulation and Agreement: (a) Does not require SERS to provide any type or form of benefit. or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this StipUlation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain juriSdiction to amend any Domestic Relations Order based on this StipUlation and Agreement. but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit. or any option not otherwise provided by SERS. and further provided that no such amendment or right of the Court to so amend will invalidate any existing Order. 17. Upon its entry as a Domestic Relations Order. a certified copy of this StipUlation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon its approval and the approval of any attendant documents by SERS and shall remain in effect until further Order of Court. , r '\ 0 _? 0 ~:; ;:) -., "':l -.J .,.,i rrl mi':: ,.., .l~ ~:_'-:\ , .., rn l"', 0' S') f.:>:-- ~ ~ ~;~ <"- C" :l: ,-...~) ;r.; -("J ;','; <;;' ::.~ rn .... r; ,1 :-. :.1 ~!1 ,- :':::.1 -< (11 -< (') ~ " ~i_~: rnr"~ .;;" .~ . ~~~:: .6',.... :~C 'S~ ~I -. If.! OJ t::l I'" " '" o '11 .oj :.~1:D ,- -,f" ';,0 ;1(L) I,. >j::1 ',,(') :...rn ~) -i ~. :Q ?-:": -" ? ~ <:' . CLIFFORD F. HOCKER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 ..)0/0 C<.t:d -r;,~ v. MARILYN M. HOCKER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or vieitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IN 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. Court Administrator Fourth Floor Cumberland Countv Courthouse Carlisle. FA 17013 Telephone: (7171 240-6200 tl\div\hock.r.com\4-11 ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97' .:JI.;IO ew,<.Q r..,~ CLIFFORD F. HOCKER, JR., Plaintiff MARILYN M. HOCKER, Defendant . . CIVIL ACTION LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is Clifford F. Hocker, Jr., an adult individual, who currently reeides at 209~ Reno Street, Apartment No.1, New Cumberland, Cumberland County, Penneylvania 17070. 2. The Defendant in this action is Marilyn M. Hocker, an adult individual, who currently resides at 317 Elgin Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on April 27, 1974, in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -1- fl\d!v\acc.pt.aty ~ i I I v. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 2010 CIVIL TERM ,"- CLIFFORD F. HOCKER, JR., Plaintiff MARILYN M. HOCKER, Defendant CIVIL ACTION IN DIVORCE ACCEPTANCE OF SERVICE I, Susan Kay Candiello, Attorney at Law, accept service on behalf of the defendant, MARILYN M. HOCKER, of a certified copy of the Complaint in Divorce filed April 17, 1997, to the above term and number. oJ/..;' \ jCq Da I c:::::::-, , C"'/:~\&Y) ~( ~-rv::L,J. pl'-J '-- S~; KAY IELLO Attorney a aw Gates & Associates 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 ,-. .... n -' ':1 ,- ! ",:"., -,-I ,\ ., C' : ,\ " " J.__. .- , ;'-;J Ul :\') ',' : ~ 11 ~ .~ .-:1 ,:-1] . ~. ) I'll .- , .:.~ ,,) ~..:! Iv d. fl\div\can..nt.aff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2010 , ~ I, CLIFFORD F. HOCKER, JR., Plaintiff MARILYN M. HOCKER, Defendant CIVIL ACTION - IN DIVORCE i I ~I I AFFIDA vrr OF CONSENT 1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on April 17, 1997. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsifica- tion to authorities. /:< - 7- 7' .\" Date . r- , ~:r. 0 "n 0 ~; :::j 11 '7l 'J .,." t '"I ~'n G)r ~'.l .... , ',:n " l\~ (,-I C;:, , , , :.. ~- 'Ie) :.:... ....." - ~1l :( }-;- . ~ ( ) <'(- ~ ~:; ril .~. ~--; .. .... . ~ '" :":-j :.n ~'J -< en '" fl\div\l-waive.nat CLIFFORD F. HOCKER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 97-2010 . . . MARILYN M. HOCKER CIVIL ACTION IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER S 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 righte concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I underetand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be eent 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 statemente herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsifica- tion to authorities. Date: /") -'], 'f?' I I (') V) () F: ~') '01 -.. .-J ":1'- ; ''1 :;1~ r~Jr " , , , . ,;" , (]'I ';9 ~' ~f) ~--: '.- -I", ". '," J.,_, -', :. "!('-j ,".-: .. C3 :i,n -'. ~ 0 .., '., ;'J :n :" -, In -< fl\dlv\con..nt.&ff CLIFFORD F. HOCKER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2010 ! ' v. MARILYN M. HOCKER, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on April 17, 1997. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 1B Pa. C.S. S 4904 relating to unsworn falsifica- tion to authorities. Id,tl,Cf'O Date 1n !l-\A~ em ' fuel:.elv' MARIL M. HOCKER, Defendant 0 cD (") co '" , ::::l '. .,.;i-;-; I ., :j :!] nlf. " . ~ -~ r- /.. ' -.",m ;"::i, en .y :'1.',: 1~? ../. ' r-'. 2-.: -: -f-t .'~ .....' .' ~ )... . ~... . .-. ',(') :j~; 6 -"-,-n S?, ~ :n s.j <n -< (") '" 0 r~ a:> ~;-l r::l .., ""nll,'l ,f' ',' rllr:' .:-J 'Ii :!J :~;'.' ,,~ -'- ~ cO' ',J tI_,. ~C) ~_. 1:- \.. ~: -.:=1j '.20 1;t~ r;:? 61T1 -1 .~ ~ :n <11 en =< ,",'.4~ - '" ..',. ~ , . ~ .,. ,,(. ..,. ~, "')'~,<,.':...,,'\'~,j;..\.r,. t. "1;",. .........ll.;,.""r~,., "..'~--:',l":,1 'W"?'.~(' t1-fll~t't1"-?-lI;' 'r.:'''''~ ..;.~.~,"4...'f"/.' ,? "u'::..- ~~ ""..'t'l -;'4' t " r i.' ~..;t'.tf , f_. ",' ) ..~ . .' .' 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".)",.,:'" '.:..', '.>:: '>..'.,';~\".',.. '::' :,:'~.",,~';~ 1~~,~.:Oit~~~".::'::.'l<...:" ,\'l";i.\:~'<'~S,'<i:':~' ,"'...,.. .' -. ';' ' , '. (. '.' I,' ,,'.....\1 ,;.::,~~....' :..'~':'.:.:r~:.'.I.:.\.',l~.....;t:.'.>.~~ . ';':::\'>":'>~;"l i I.,'~;.l-;., \, ~\ll"~ :.~:. ;., I' j";;'," :' <:" I" ..j013MUt.cMAAOAD:aurre100.LEMOYHe.~N8YLVANIA'70f3 " .' ,,!. ".' ':. . -; : ",')' ',: "--.' ",,:,-;..;- -..;, ~;\r:,.t.~: ":1 {&~i;:ji~~':~i:':~:~;S'::,;{;i~(~.i:;;\:r:;,:>;",.{::',;",::.{c V':: ,':'::' ,;>:,... ::.: ,'. ";' ::<;':: :'...,~,;:_:) ;';::,:,,"L',:: ";;",;'::}>;2j~t(S'::!:~'j-j;' .;/,.'';-.1.'.0... \, CLIPPORD P. HOCKER, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 97-2010 CIVIL CIVIL ACTION - LAW MARILYN M. HOCKER, DEFENDANT ACTION FOR DIVORCE ORDER OF COURT AND NOW, this dtL day of WI,' l , 1999, this Stipulation and Agreement of the parties is hereby made a Domestic Relations Order. BY THE COURT: , J. f") "I " , " .. I .: , " . I';'J , .. , . : . , . 'I .. ., :t '.;0 ..... CLIFFORD F. HOCKER, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. NO. 97-2010 CIVIL ~ , , , CIVIL ACTION - LAW MARILYN M. HOCKER, DEFENDANT ACTION FOR DIVORCE STIPULATION AND AGREEMENT AND NOW, the parties, CLIFFORD F. HOCKER, JR., plaintiff, and MARILYN M. HOCKER, Defendant do hereby StipUlate and Agree as follows: 1. The parties hereto were husband and wife, and a divorce action was filed in the Cumberland County Court at the docketed number 97-2010. This Honorable Court has juriSdiction over the parties. The parties were married on April 27, 1974. r I I I I I I I I I , , 2. Clifford F. Hocker, Jr., hereinafter referred to as "Member," is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System, hereinafter referred to as "SERS". 3. SERS, as a creature of Employees' Retirement Code, ("Retirement Code") . statute, is controlled by the State 71 Pa.C.S. Section 5101-5956 4. Marilyn M. Hocker, hereinafter referred to as "Alternate Payee," is the former spouse of Member. 5. The name, last known address, social security number and date of birth of the plan "Member" are: Name: Clifford F. Hocker, Jr. Address: B4 Lakepoint Drive, Harrisburg, Pennsylvania 17111 Social Security Number: #169-44-4461 Birth Date: March 15, 1952 ! i 6. The name, last known address, social security number and date of birth of the "Alternate Payee" are: ,.. Name: Marilyn M. Hocker Address: 31 Round Ridge Road, Mechanicsburg, Pennsylvania 17055 Social Security Number: #208-42-6337 Birth Date: May 1, 1954 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the SERS at all times. 7, (a) The marital property component of the Member's retirement benefit equals (1) the Coverture Fraction multiplied by (2) the Member's retirement benefit as of March 1, 1997, the date of the Member and Alternate Payee's separation. (b) The Coverture Fraction is a fraction with a value less than or equal to one. The numerator shall equal the amount of Member's credited service for the period from April 27, 1974 to March 1, 1997. The denominator shall equal the amount of Member's service for the period from the date Member became a Participant in the SERS, to the date the Member ended participation in the SERS. (c) Fifty percent (50%) of the marital property component of the Member's retirement benefit, is to be allocated to Alternate Payee for the purpose of equitable distribution of this marital asset. (d) If the Member elects to receive all or a portion of his accumulated deductions, the Alternate Payee is entitled to a portion of such deductions, The portion the Alternate payee is entitled to is determined by dividing the amount of the accumulated deductions the member elects to receive by the total amount of his accumulated deductions and mUltiplying this ratio by 50% of the Member's accumulated deductions on March 1, 1997, accumulated with interest at the rate of 4% per year compounded annually since March 1, 1997. The Alternate payee is also entitled to 50% of the balance of the marital component of Member's retirement benefit, such balance is the mari tal component of Member's retirement benefit as defined in Paragraph 7(a) less any refund of accumulated deductions to which the Alternate Payee is entitled under this Paragraph 9. B. Member's retirement benefit is defined as all monies paid to or on behalf of Member of SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS or any deferred compensation benefits paid to Member by SERS. Equitable distribution of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7) shall commence as soon as administratively feasible after Member's effective date of retirement or tl1,e entry of this Stipulation and Agreement as a Domestic Relations Order acceptable to SERS, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of the Alternate Payee's equitable distribution portion of the Member's retirement benefit for any death benefi ts payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the Alternate Payee's equi table distribution portion ("Balance") shall be paid to the beneficiaries named by the Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a.) If the last Nomination of Beneficiaries Form filed by the Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a Beneficiary, then (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if the Alternate Payee predeceased Member. No portion of the Balance shall be payable to the Alternate Payee's estate. (b.) In addition, Member shall execute and deliver to the Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to the Alternate Payee all r~levant information concerning Member's retirement account, Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph, 10. The type and amount of Member's retirement benefit payable under the terms of this Stipulation and Agreement after its entry as a Domestic Relations Order acceptable to SERS is dependent upon which option(s) is (are) selected by Member upon retirement. Member and Alternate Payee expressly agree upon Mmnber' s retirement he shall elect Special Option 4. This option will provide a joint and equitable distribution percent annuity, as described in paragraph 7, payable during the lifetime of the Member with an equitable distribution percent, as described in paragraph 7, of such annuity payable thereafter to his survivor annuitant, if living at his death, as set for in 71 Pa,C,S, Section 5705(a) (4), or any succeeding statute, The Member shall designate the Alternate Payee as his survivor annuitant under this Special Option 4, The intent of the Special Option 4 selection is to maintain levelizod payments to the Alternate Payee for her life in the event of the Member's death after retirement. The Alternate Payee shall receive her equitable distribution percentage of the annui ty which is payable to the Member during his lifetime, so that she shall receive a percentage of the Member's check during this lifetime and the same amount, all other things being equal, if he predeceases her after retirement. The Member and Alternate Payee acknowledge if the Alternate Payee predeceases the Member after the Member's reti rement, the fOllowing will occur under this Special Option 4 selection: (1) the same monthly benefit which had been paid to the Alternate Payee during the Alternate Payee's lifetime will continue to be paid to the Alternate Payee's estate for the duration of the life of the Member, and (2) upon the Membe r 's dea th, a 11 payments to the Alternate Payee's estate shall cease, 11, Alternate Payee may not exercise any right, privilege or option offered by SERS, sims shall Issuo individual tax forms to Member and Alternate Payee for amounts paid to oach, 12. In the event of the death of Alternate Payee prior to receipt of any payments payable to her from SERS under the terms of this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution interest in Member's retirement benefit as set forth in Paragraphs Seven (7) through Nine (9). 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not gral.ted to Alternate Payee are preserved for Member. 14. It is specifically intended and agreed by the parties hereto that this Stipulation and Agreement: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this StipUlation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain juriSdiction to amend any Domestic Relations Order based on this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate any existing Order. I , 17. Upon its entry as a Domestic Relations Order, a certified copy of this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon its approval and the approval of any attendant documents by SERS and shall remain in effect until further Order of Court, WHEREF'CI,<E, t:he ""rtie:., il' tend I f1\i tlJ bo 1 eglllly 'Jound by the terms of this Stipulation, do hGreunto place their hands and seals. ~ I Dated: f1Af1..c.t{ If{ . 1999 ;I~R Dated: QfbL\'( I-{. , . 1999 lJJaL< IVx 1)'},//O(/("10) MAHILYN ,!lOCKER ~ , .' I i I 'i I i f I . '. ('l ~.~, "'c ~- _ , r:\: .-< "\ 0n ..I '~-i 11 , r .~..)\~ ..') LJ t-=i:l .,.\-...., "~n 9, C) _ ,. ~ .....) :< \? ..0 "" ... ,'- :.< - ,- ;:>.i :-. .- ~ ," : " t" 3. I \ I \ ! i ;:\ ~ t. l( ~ ~ o t.~ .... ~. ~