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IN THE COURT OF COMMON PLEAS`
1 OF CUMBERLAND COUNTY
n, STATE OF PENNA.
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WALLACE F. HOOVER, jj
Plaintiff \u. 9775 49.,Civil......
ANN L. HOOVERS
A Defendant
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DECREE IN
DIVORCE
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19. Pt.. , it is ordered and M
AND NOW, ...........71yc.•, , . L Y ......
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decreed that . . . WALLA. CE . F... HOOVER........................... plaintiff,
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and .. ANN. L....HOOVER ........................................ defendant,
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are divorced from the bonds of matrimony. s
ft 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 ................................................................. I
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Attest J.
Prothonotary
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WALLACE F. HOOVER,
VS.
ANN L. HOOVER,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 97-5549 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to
the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under 53301(c)
3(Mk0tlMM of the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint:
Certified mail restricted delivery
10/10/97
3. Complete either paragraph (
(a) Date of execution of
by 53301(c) of the Divorce Code: by
by defendant 11/23/98
(b)(1) Date of execution of
of the Divorce Code:
service of the plaintiff's affidavit
al or (b).
the affidavit of consent required
plaintiff 12/18/98
the affidavit required by 53301(d)
(2) Date of filinq and
upon the respondent:
4. Related claims pending: I, one
I --
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:
i
(b) Date plaintiff's Waiver of Notice in 53301(c) Divorce was
filed with the Prothonotary: Jan. 27. 1998 _
Date defendant's Waiver of Notice in 53301(c) Divorce was
filed with the Prothonotary: _December 16. 1998
G 10-C4 4
Attorney for', aintiff)( )
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WALLACE F. HOOVER,
Plaintiff
VS.
ANN L. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.'?7-J 1 (
IN DIVORCE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at 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.
Court Administrator
Fourth Floor
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
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A Fi ny L. ca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
WALLACE F. HOOVER,
Plaintiff
VS.
ANN L. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97- Ys' v 9 Lva Ts..._.
IN DIVORCE
AND NOW, comes the Plaintiff, Wallace F. Hoover, by his
Attorney, Anthony L. DeLuca, Esquire, and seeks to obtain a Decree
in Divorce, from the above-named Defendant, upon the grounds
hereinafter more fully set forth:
1. Plaintiff is Wallace F. Hoover, who currently resides at
304 Forge Road, Boiling Springs, Cumberland County, Pennsylvania
since November 25, 1984.
2. Defendant is Ann L. Hoover, who currently resides at 304
Forge Road, Boiling Springs, Cumberland County, Pennsylvania since
November 25, 1984.
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six months immediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on December 8,
1984 at Camp Hill, Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or
naval service of the United States or its allies within the
provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
6. There have been no prior actions of divorce or for
annulment between the parties in this or any other jurisdiction.
7. The 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.
COUNT I
REQUEST FOR A NO-FAULT DIVORCE UNDER
SECTION 3301 (c) OF THE DIVORCE CODE
a. The prior paragraphs of this complaint are incorporated
herein by reference thereto.
9. The marriage of the parties is irretrievably broken.
10. 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.
WHEREFORE, if both parties file affidavits consenting to a
divorce after ninety (90) days have elapsed from the date of the
filing of this Complaint, the Plaintiff respectfully requests the
Court to enter a decree in divorce pursuant to Section 3301 (c) of
the Divorce Code.
COUNT II
REQUEST FOR A FAULT DIVORCE UNDER
SECTION 3301 (a) (6) OF THE DIVORCE CODE
11. The prior paragraphs of this Complaint are incorporated
herein by reference hereto.
12. Defendant has offered such indignities to Plaintiff who
is the innocent and injured spouse as to render Plaintiff's
condition intolerable and life burdensome.
13. This action is not collusive.
, Plaintiff respectfully requests the court to enter
a decree of divorce pursuant to Section 3301 (a) (6) of the Divorce
Code.
Data 46,eQ -r? Z?9?1
An hony L. Luca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. $ 4904, relating to unsworn
falsification to authorities.
Date: 2. 19ei7 C11"?? l
Wallace F. Hoover, Plaintiff
IN T11E COURT COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVAN
CIVIL ACTION - LAW
N0.
IN DIVORCE
WALLACE F. HOOVER,
Plaintiff
VS.
ANN L. HOOVER,
Defendant
DIVORCE COMPLAINT
ANTHONY L. DELUCA
ATTORNEY AT LAW
113 FRONT STREET
P 0. BOX 350
BOILING SPRINGS, PA 17007
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WALLACE F. HOOVER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
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ANN L. HOOVER, NO. 97-5549 CIVIL
Defendant IN DIVORCE
AFFIDAVIT OF MAILING
COMMONWEALTH OF PENNSYLVANIA .
. SS.
COUNTY OF CUMBERLAND
Anthony L. DeLuca, attorney for Plaintiff, being duly sworn
according to law, says that he mailed by certified mail, return
receipt requested, a true and correct copy of the Complaint in
Divorce under Section 3301 (c) of the Divorce Code to the Defendant
at 304 Forge Road, Boiling Springs, Pennsylvania residence and that
Defendant did receive same, as evidenced by the signed receipt
attached hereto as Exhibit "A".
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By: '
Anthon . DeLuca, Esqu e ?•
113 Fro At Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
Sworn to and subscribed
before me this /Z day
of N-t-rz't(;i'd r 1998.
I!a C •„ttat_
t ary Public
Notarial Seal
Marlene A. DeLuca, Notary Public
South M,ddleton T7 Cumberland County
My Commission Expires Nov 1, 1999
Member, Pennsylvania Associauun 01 Notaries
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WALLACE F. HOOVER,
Plaintiff
VS.
ANN L. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5549 Civil
IN DIVORCE
1. A Complaint in divorce under Section 3301 (c) of the
Divorce Code was filed on October 8, 1997.
2. The marriage of Plaintiff and Defendant is irretrievably
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broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of 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. Sec. 4904 relating to
uneworn falsification to authorities.
Date:
Ann L. Hoover
WALLACE F. HOOVER,
Plaintiff
VS.
ANN L. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5549 Civil
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
$3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the 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. $4904 relating to unsworn
falsification to authorities.
Date: /1?-y .? 3 kr %.f'
CG l/K.• ?7` . 9?Lc..
Ann L. Hoover, Defendant
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WALLACE F. HOOVER,
Plaintiff
VS.
ANN L. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5549 Civil
IN DIVORCE
. V
1. A Complaint in divorce under Section 3301 (c) of the
Divorce Code was filed on October 8, 1997.
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 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. Sec. 4904 relating to
unsworn falsification to authorities.
Date:
Wallace F. Hoover
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WALLACE F. HOOVER,
Plaintiff
VS.
ANN L. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5549 Civil
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
$3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the 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. §4904 relating to unsworn
falsification to authorities.
Date
Wallace F. Hoover, Plaintiff
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WALLACE F. HOOVER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS, CIVIL ACTION - LAW
ANN L. HOOVER, : NO. 97-5549 Civil
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under Section 3301 (c) of the
Divorce code was filed on October 8, 1997.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of 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. Sec. 4904 relating to
unsworn falsification to authorities.
Date: i.
Wallace F. Hoover
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WALLACE F. HOOVER,
Plaintiff
i
VS. i
ANN L. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5549 Civil
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
53301(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. 54904 relating to unsworn
falsification to authorities.
elkeevt/
Date: rti
Wallace F. Hoover, Plaintiff
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WALLACE F. HOOVER,
Plaintiff
V.
ANN L. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5549
CIVIL ACTION - IN DIVORCE
NOTICE OF ELECTION TO RETAKE FORMER NAME
NOTICE IS HEREBY GIVEN that the Defendant in the above matter, having
been granted a Final Decree in Divorce from the bonds of matrimony on the 24`" day of
December, 1998, hereby elects to retake and hereafter use her previous name of Ann
L. Kressley, and gives written notice avowing her intention in accordance with the
provisions of the Act of April 2, 1980, P.L. 63, No. 26 and 702.
Ann L. Hoover
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Ann L. Kressley
OR E ION
Previous Image
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Possible Error
WALLACE F. HOOVER,
Plaintiff
V.
ANN L. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5549
CIVIL ACTION - IN DIVORCE
NOTICE IS HEREBY GIVEN that the Defendant in the above matter, having
been granted a Final Decree in Divorce from the bonds of matrimony on the 241n day of
December, 1998, hereby elects to retake and hereafter use her previous name of Ann
L. Kressley, and gives written notice avowing her intention in accordance with the
provisions cf the Act of April 2, 1980, P.L. 63, No. 26 and 702.
(,lilt-,c rY . }?Vc.4?X.GL
Ann L. Hoover
(.vYLtii- ?,
Ann L. Kressley
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
On the V day of May, 1999, before me, the undersigned officer, a Notary Public,
personally appeared ANN L. KRESSLEY, known to me or satisfactorily proven to be
the person whose name is subscribed to the within instrument, and acknowledge that
she executed the foregoing for the purpose therein contained.
IN WITNESS Wl, IEREOF, I have hereunto set my hand and official seal.
NOTARIA"EAL
ISTEN ANN CLIPPINQER, WM Pubk
Cediek Boro, Cumbedud Cary, PA
Cowksion Ex Iree Nw.13 2000
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WALLACE F. HOOVER,
Plaintiff/Respondent
V.
ANN L, HOOVER,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5549 CIVIL TERM
IN DIVORCE
I hereby certify that I served a true and correct copy of the Rule to Show Cause
upon Anthony L. DeLuca, Esquire, by depositing same In the United States Mail, first
class, postage pre-paid on the 2nd day of December, 1999, from Carlisle, Pennsylvania,
addressed as follows:
Anthony L. DeLuca, Esquire
P.O. Box 358
113 Front Street
Boiling Springs, PA 17007-0358
TURO LAW OFFICES
Robert J. ulderig, Esgb#W
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant/Petitioner
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WALLACE F. HOOVER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
ANN L. HOOVER, : NO. 97-5549 CIVIL TERM
Defendant/Petitioner : IN DIVORCE
AND NOW, this 3o' day of November, 1999, upon receipt of the Petition for
Special Relief, a Rule to Show Cause is issued upon Defendant to show cause, if any he
has, why the relief requested therein cannot be granted.
This Rule is returnable L o days from service.
BY THE COURT,
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WALLACE F. HOOVER,
Plaintiff/Respondent
V.
ANN L. HOOVER,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5549 CIVIL TERM
IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, comes the Defendant, Ann L. Hoover, by and through her counsel,
Robert J. Mulderig, Esquire, and files the following Petition for Special Relief:
1. Petitioner is the Defendant in the above-captioned case.
2. Respondent is the Plaintiff in the above-captioned case.
3. On April 4, 1997, Petitioner and Respondent entered into a Property
Settlement and Separation Agreement which is attached hereto and incorporated as
Exhibit "A".
4. On September 22, 1998, Petitioner and Respondent entered into an
Addendum to the Property Settlement and Separation Agreement which is attached hereto
and incorporated as Exhibit "B".
5. On December 24, 1998, this Honorable Court entered a Decree in Divorce.
A copy of said Decree in Divorce is attached hereto and incorporated herein as Exhibit
.,C„
6. Article VI, Section 6.10 of the Addendum to the Property Settlement and
Separation Agreement stated that "husband shall cooperate in providing information
necessary for preparation of a Qualified Domestic Relations Order to secure wife's interest
to the full surviving spouse annuity available through his pension plan". The attached
Qualified Domestic Relations Order was sent to Respondent's counsel, Anthony DeLuca,
Esquire, on October 15, 1999. A copy of said letter of transmittal is incorporated as Exhibit
"D"
7. Respondent's counsel has not responded to the letter of October 15, 1999.
WHEREFORE, Petitioner respectfully requests this Court to issue a Rule to Show
Cause why the attached Qualified Domestic Relations Order should not be signed.
Respectfully Submitted
TURO LAW OFFICES
//./ 7 -
-z-Date
Robert J. ulderig, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner
hereby certify that I served a true and correct copy of the Petition for Special
Relief upon Anthony L. DeLuca, Esquire, by depositing same In the United States Mail,
first class, postage pre-paid on the 22nd day of November, 1999, from Carlisle,
Pennsylvania, addressed as follows:
Anthony L. DeLuca, Esquire
P.O. Box 358
113 Front Street
Bolling Springs, PA 17007-0358
TURO LAW OFFICES
Robert J ulderig, Esq e
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner
THIS AGREEMENT, made this 14 2?1 day of April, 19971 by and
between ANN L. HOOVER, (hereinafter referred to as "Wife") and
WALLACE F. HOOVER, (hereinafter referred to as "Husband"):
ARTICLE 1
SEPARATION
1.o1 senaEration of Parties. Differences have arisen between
the parties which will cause the parties to live separate and
apart.
1.02 Intention to Live Apart. The parties intend to maintain
separate and permanent domiciles and to live apart from each other.
It is the intention and purpose of this Agreement to set forth the
respective rights and duties of the parties while they continue to
live apart from each other and to settle all financial and property
rights between them.
ARTICLE II
2.01 Eouitable Distribution of Marital Property. The parties
have attempted to divide their marital property in a manner which
conforms to the criteria set forth in Sec. 401 of the Pennsylvania
EXHIBIT
A
ALL STATE- INTERNATIONAL
Divorce code, 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
one party to the education, training, or increased earning power of
the other party; the opportunity of each party for future
acquisition 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 marital property, including the contribution of a
party 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.
2.02 Enforceability and Consideration. This Agreement shall
survive any action for divorce and decree of divorce and shall
forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to
enforce the terms of this Agreement by either Husband or Wife until
it shall have been fully satisfied and performed. The
consideration for this contract and Agreement is the mutual
benefits to be obtained by both of the parties hereto and the
covenants and agreements of each of the parties to the other. The
adequacy of the consideration for all agreements herein contained
is stipulated, confessed, and admitted by the parties, and the
parties intend to be legally bound hereby.
. 4
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2.03 ?craement Not Predicated On Divorce. It is specifically
understood and agreed by and between the parties hereto and each of
the said parties does hereby warrant and represent to the other,
that the execution and delivery of this Agreement is not predicated
upon nor made subject to any agreement for institution,
prosecution, defense, or for the non-prosecution or non-defense of
any action for divorce; provided, however, that nothing contained
in this Agreement shall prevent or preclude either of the parties
hereto from commencing, instituting or prosecuting any action or
actions for divorce, either absolute or otherwise, upon just, legal
and proper grounds; nor to prevent either party from defending any
action which has been, may or shall be instituted by the other
party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each to
the other, that this Agreement is lawful and enforceable and this
warranty, covenant and representation is made for the specific
purpose of inducing Husband and Wife to execute the Agreement.
Husband and Wife each knowingly and understandingly hereby waive
any and all possible claims that this Agreement is, for any reason,
illegal or for any reason whatsoever of public policy,
unenforceable in whole or in part. Husband and Wife do each hereby
warrant, covenant and agree that, in any possible event, he and she
are and shall forever be estopped from asserting any illegality or
unenforceability as to all or any part of this Agreement.
ARTICLE III
3.01 Eauitable piVis ^ of Real Estate. The parties agree
that the real estate owned by them as tenants by the entireties and
which is situated at 304 Forge Road, Boiling Springs, Pennsylvania,
shall be sold and, upon settlement of the sale of said real estate,
the net proceeds thereof shall be divided with Husband receiving
the sum of $60,000.00 and Wife receiving the balance of said
proceeds.
ARTICLE IV
4.01 Equitable Division of Personal Property.
(a) The parties agree that the personal property has
been divided in a manner satisfactory to both parties. A copy of
the division of said personal property is attached hereto and
marked as Exhibit "A".
(b) The parties agree that title to property remaining
in the hands of each party is in that party, and that neither will
make a claim against the other for any item now in the possession
of the other.
ARTICLE V
5.01 Wife and Husband hereby waive any further or future
claims which either of them may now have or may hereafter have
against the other with regard to any further equitable distribution
of marital property, or for any claim of spousal support or
alimony, alimony pendente lite, counsel fees and expenses or for
any other form of consideration which either party might hereafter
make claim, specifically and completely waiving any rights which
either of them may have under the Pennsylvania Divorce Code,
effective July 1, 1980, unless raised otherwise under the terms of
this Agreement.
ARTICLE VI
GENERAL PROVISIONS
6.01 Gen eral Release of A ll Claims . Each party hereto
releases the other from all claims, liabilities, debts,
obligations, actions, and causes of action of every kind that have
been incurred relating to or arising from the marriage between the
parties. However, neither party is relieved or discharged from any
obligation under this Agreement or any other instrument or document
executed pursuant to this Agreement.
6.02 Subsecuent Divorce. Nothing herein contained will be
deemed to prevent either of the parties from maintaining a suit for
absolute divorce against the other in any jurisdiction based upon
any past or future conduct of the other, nor to bar the other from
defending any such suit. In the event any such action is
instituted or concluded, the parties will be bound by all the terms
of this Agreement.
6.03 Waiver of Estate Claim. Except as otherwise herein
provided, each party hereby waives, releases and relinquishes any
and all rights that he or she may have or may hereafter acquire as
the other party's spouse under the present or future laws of any
jurisdiction as follows:
(a) to elect to take against the will or codicils of the
other party now or hereafter enforced;
(b) to share in the other party's estate in cases of
intestacy;
(c) to act as executor or administrator of the other
party's estate; and
(d) the 'right to alimony, support, alimony pendants
lite, attorney's fees, and equitable distribution.
6.04 No Debts and Indemnification. Each party represents and
warrants to the other that he or she will not incur any debts,
obligation or other liability, other than those already described
in this Agreement on Exhibit "B", on which the party is or may be
liable. Each party covenants and agrees that if any claim, action,
or proceeding is hereafter initiated seeking to hold the other
party liable for any other debt, obligations, liability, act or
omission of such party or for any obligation assumed by a party
hereunder, the party liable will, at his or her sole expense,
defend the other against any claim or demand, whether or r
wellfounded, and that he or she will indemnify and hold harmleyo
the other party in respect to all damages resulting therefrom.
6.05 Full Disclosure Each party asserts that he or she has
made a full and complete disclosure of all of the real and personal
property of whatsoever nature and wheresoever located 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 receivable by each party, and of every other
fact relating in any way to the subject matter of this Agreement.
These disclosures are part of the considerations made by each party
for entering into this Agreement.
6.06 Riaht to Live Separately and Free from interference.
Each party will live separately and apart from the other at any
place or places that he or she may select. Neither party will
molest, harass, annoy, injure, threaten, or interfere with the
other party in any manner whatsoever. Each party may carry on and
engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit.
Neither party will interfere with the use, ownership, enjoyment or
disposition of any property now owned or hereafter acquired by the
other.
6.07 Agreement Voluntary and Clearly Understood. Each party
to this Agreement acknowledges and declares that he or she,
respectively:
I,,
1
(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) Enters into this Agreement voluntarily after
receiving the advice of independent counsel, or having been advised
of his right to such counsel;
(c) Has given careful and mature thought to the making
of this Agreement;
(d) Has carefully read each provision of this Agreement;
(e) Fully and completely understands each provision of
this Agreement, both as to the subject matter and legal effect.
6.08 Insurance.
(a) Each party hereby acknowledges that he/she is the
owner of a life insurance policy listing the other party as
beneficiary of said life insurance policy. Each party agrees to
maintain the other party as beneficiary of that party's current
life insurance policy.
(b) Wife shall keep Husband on her health insurance and
Commonwealth of Pennsylvania Health and Welfare Benefits Plans
until her retirement as an employee of the Department of Labor and
Industry. Upon her contemplated retirement, Wife shall give
Husband appropriate and timely notice so that Husband can make an
application in the open enrollment season under his Federal Health
Insurance Plan and, thereafter, place wife as an insured on his
Federal Health Insurance Plan.
6.09 Annuity. The parties hereby agree that Wife shall be
entitled to the full surviving spouse's annuity under Husband's
Federal Pension known as the Civil Service Retirement System.
the event that the parties divorce, the parties hereby agree that
Wife shall be entitled to the full surviving spouse's annuity under
Husband's Federal Pension.
6.10 Pension. Each party waives any interest he/she may have
in the other party's pension except that Wife shall be entitled to
the full surviving spouse's annuity as stated hereinabove.
Wife hereby agrees to maintain Husband as beneficiary of her
Deferred Compensation Plan through her employer, The Department of
Labor and Industry, Commonwealth of Pennsylvania. Husband shall be
entitled, upon death of Wife, to receive the proceeds from Wife's
said Deferred Compensation Plan contingent upon Husband not
violating Paragraph 6.03 of this Agreement, if Wife is still
employed by the Department of Labor and Industry, Commonwealth of
Pennsylvania.
If, at the time-of Wife's death, she is no longer employed by
the Department of Labor and Industry, Commonwealth of Pennsylvania
and has withdrawn her money from the Deferred Compensation Plan,
then and in such event, Wife agrees to open a special account with
the proceeds from the Deferred Compensation Plan and designate
Husband as beneficiary of said account.
If Husband seeks to breach Paragraph 6.03, of said Agreement,
then and in such event, Husband shall not be entitled to receive
the proceeds from Wife's Deferred Compensation Plan.
6.11 Default. If either party fails in the due performance
of any of his or her marital obligations hereunder, the party not
in default will have the right to act against the other, at his or
her election, to sue for damages for breach hereof, or to rescind
this Agreement or seek such other legal remedies as may be
available to either party. Nothing herein shall be construed to
restrict or impair either party to exercise this election.
6.12 Amendment or Modification. This Agreement may be
amended or modified only by a written instrument signed by both
parties.
6.13 Successors and Assigns This Agreement, except as
otherwise expressly provided herein, will be binding on and inure
i to the benefit of the respective legatees, devisees, heirs,
executors, administrators, assigns, and successors in interest of
the parties.
6.14 jaw Governing Agreement. This Agreement will be
governed by, and will be construed in accordance with the laws of
the Commonwealth of Pennsylvania in effect at the date of execution
hereof.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals, intending to be legally bound hereby, the day and
year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
(SEAL)
Wallace F. Hoover
Gi-o
&M, AryG'XeV • (SEAL)
Ann L. Hoover
THE FOLLOWING SHALL BECOME THE PROPERTY OF WIFE
Rose Love seat
Wing back chair
(2) wicker chairs
Green wicker table
Victorian sofa
Walnut coffee table
Unpainted pie cupboard
Green TV cupboard
Piano and bench
Table desk
Secretary (oak)
Small top lidded chest in office
oak dining room tableyl,q
(7) blk chairs
All old wooden chairs in house
Church bench
Mantle clocks
File cabinet
Brown hope chest (top lidded)
with old lock
Cherry shaving mirror
White kitchen cabinet
White bathroom cabinet
Caned rocker
Glass topped wicker table
TV
Stereo
Washer and dryer
Refrigerator
(2) white air conditioners
VCR
Dehumidifier
Stationary bike
Queen bed and frame
(2) single beds
Full size bed mahogany bed frame
Mahogany chest of drawers
Dark cherry chest of drawers
Small oak end table
Pie crust table
Butcher block and stools
Green hutch
Green biscuit box
Tank type cleaner
Upright cleaner
Round white table EXHIBIT "A"
THE FOLLOWING SHALL BECOME THE PROPERTY OF HUSBAND
Lawn Tractor
Snow Blower
All tools
Green living room sofa
Antique oak and table
Red chest
Antique washstand
Captains Desk
Round Wood kitchen table (Pine)
Antique Wood kitchen chairs (garage)
Wrought iron floor lamp
Double Bed with metal frame
Red standing chest
Antique table lamp
Antique octagon table
(2) tan club chairs
(1) Off white rocker
Patio table with 3 chairs
Webbed lawn chair
All Golf related items
Library table
Blue Piano stool
Oak chest of drawers
Oak Dresser with mirror
Toro lawn mower
EXHIBIT "A"
The only debt of the parties is as follows:
1. Master Card in name of Wife. Approximately $2,900.00 is
currently owed. Wife shall be responsible for two-thirds (2/3) of
the obligation and Husband shall be responsible for one-third (1/3)
of said obligation.
EXHIBIT "B"
WALLACE F. HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANN L. HOOVER,
vs.
Defendant :
CIVIL ACTION - LAW
NO. 97-6649 CIVIL TERM
IN DIVORCE
ADDENDUM TO THE PROPERTY SETTLEMENT
AND SEPARATION AGREEMENT
This Addendum is made this day off.,2 _ .1 , 1998, by and
between: WALLACE F. HOOVER, hereinafter referred to as HUSBAND, and ANN L. HOOVER,
hereinafter referred to as WIFE.
WITNESSETH:
WHEREAS, the parties hereto entered into a Property Settlement and Separation Agreement
on April 4, 1997; and
WHEREAS, certain modifications to that Agreement appear to the parties to be advisable.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the parties hereto agree to the following alterations to the Property
Settlement and Separation Agreement of April 4, 1997.
1. Article VI, Section 6.08(a) is amended to read as follows:
"HUSBAND is the owner of a life insurance policy for which WIFE is the beneficiary.
HUSBAND agrees to maintain WIFE as the beneficiary of any insurance on his life as
of April 4, 1997. EXHIBrr
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2. Article VI, Section 8.08(b) Is hereby deleted from the Property Settlement and
Separation Agreement.
3. Article VI, Section 8.10 Is amended to delete the second and third paragraphs thereof.
WIFE shall have no obligation to maintain HUSBAND as the beneficiary of her deferred
compensation plan or any of the proceeds of said plan. HUSBAND shall cooperate in providing
Information necessary to the preparation of a Qualified Domestic Relations Order to secure WIFE's
Interest to the full surviving spouse annuity available through his pension plan.
4. Within ten (10) days of the date of this Agreement, the parties shall file with the Court
executed Affidavits of Consent to the divorce and Plaintiffs counsel may finalize the divorce.
5. The terms of the Property Settlement and Separation Agreement and this Addendum
shall be Incorporated but not merged with the Degree in Divorce.
IN WITNESS WHEREOF, the parties hereto set their hands and seals the day above first
written.
?v'7 / Wallace F. Hoover, Husband
?s _ T ? fllorl/d?B ? (A/l?n' Q?. ? ' lac"
Ann L. Hoover, Wife
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
WALLACE F.r...KOQVERA ................
Cix1.1 ......
........._.........._ _ ...........Plaintiff ............. A
Versus
ANN..Jr....HOOVERo....... .... ............................
.._ .._ .. ............ ._............ Defendant
DECREE IN
DI VORCE
AND NOW, ...........?u..•... ZY.?...... 19.1 .., it is ordered and
decreed that YIL ACE•F._ HOOVER•,,,,•••,,•,,,,•,,,•• plaintiff, 0
and ..AXN.L,..HOOVER ........................................ defendant,
are divorced from the bonds of matrimony. ;t
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
............................................................. . X
W-% .Y. ,x.• •sr. !r• •x• •r.
D Thy! Cuu
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Prothonotary
XHIBIT
ALL STALE-INTERNAMNAL
Turo Law Offices
RON'rURO, Esquire
ROBERT J. MULDERIG, Esquire
LISA M. GREASON, Esquire
DAVID A. GREENE, Esquire
October 15, 1999
Anthony L. DeLuca, Esquire
P.O. Box 358
113 Front Street
Boiling Springs, PA 17007-0358
RE:
Dear Mr. DeLuca:
HoovedKressley
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 245-9688
800 662.9778
Fax (7171245-2165
?CO) F?17
Enclosed please find a draft of the QDRO in accordance with the Property
Settlement Agreement. Please review this draft and contact me to discuss any changes
you may have. I will be making a Motion to the Court to sign this QDRO along with a
Rule to Show Cause.
Further, Article VI, Section 6.08(a) requires that your client keep my client as
beneficiary on a life Insurance policy. We request that your client supply us with proof
that the insurance is still in good standing and that she remains beneficiary. We also
request that this documentation be supplied at least annually.
Thank you for your kind attention.
Sincerely Yours,
ROBERT J. MULDERIG, ESQUIRE
RJMuldedg a@aolcom
RJM/kad
cc: Ann Kressley
EXHIBIT
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WALLACE F. HOOVER,
Plaintiff
V.
ANN L. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5549 CIVIL TERM
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
WHEREAS, ANN KRESSLEY, formerly known as Ann L. Hoover, hereinafter
referred to as "Former Spouse", and WALLACE F. HOOVER, hereinafter referred to as
"Employee", have entered into a comprehensive property settlement agreement dated April
4, 1997 as amended by an Addendum to Property Settlement and Separation Agreement
dated September 22, 1998; and
WHEREAS, as part of the settlement agreement Employee agrees that the Former
Spouse shall receive the full Surviving Spouse's Annuity under Employee's Federal
Pension known as the Civil Service Retirement System and shall not exceed the amount
provided for in §831.614 of Part 838 of Title V, Code of Federal Regulations; and
WHEREAS, counsel for Employee and counsel for Former Spouse have
acknowledged that this Qualified Domestic Relations Order is being made pursuant to the
Domestic Relations Laws of the Commonwealth of Pennsylvania as it relates to the
provisions being made by the Former Spouse relating to her marital property rights; and
WHEREAS, it is intended that this Order will qualify as a Qualified Domestic
Relations Order, as defined in Section 414(p)(1) of the Internal Revenue Code of 1986 and
the provisions hereof shall be administered and interpreted in conformity with the Code.
Pursuant to Section 414(p)(2) of the Code, the following facts are hereby specified:
1. The Act to which this Order applies is the Civil Service Retirement System
at 5 U.S.C. §8331 at seq.
2. The name of the Employee is Wallace F. Hoover, whose current mailing
address is 24 Chestnut Street, Mt. Holly Springs, PA 17065, and whose social security
number is 179-20-9567.
3. The name and address of the Former Spouse is Ann L. Kressley, whose
current mailing address is 304 Forge Road, Boiling Springs, Pennsylvania 17007 and
whose social security number is 184-26-5485.
4. The Court has considered the requirements and standard terminology
provided in Part 838 of Title V, Code of Federal Regulations. The terminology used in the
provisions of this Order that concern benefits under the Civil Service Retirement System
are governed by the standard conventions established in that Part.
5. Under §8341(h)(1) Title V, U.S. Code, Former Spouse is awarded the
maximum Former Spouse survivor annuity Part 838 of Title V, Code of Federal
Regulations, §831.614.
6. The Employee shall be responsible for the costs of the Former Spouse
annuity benefits. Said costs shall be deducted from the Employee annuity.
7. The United States Office of Personal Management is directed not to pay
Employee a refund of Employee contributions.
Employee and Former Spouse agree that the Employee's Civil Service Retirement
System Pension is marital property subject to equitable distribution by the Court of
Common Pleas of Cumberland County, Commonwealth of Pennsylvania. Employee and
Former Spouse further agree that the Court of Common Pleas of Cumberland County,
Commonwealth of Pennsylvania, is competent to divide the parties marital property into
their divorce pursuant to §3301(c) of the Divorce Code. Employee and Former Spouse
finally agree that the Court of Common Pleas of Cumberland County, Pennsylvania has
jurisdiction over the Employee for the purposes of dividing his Civil Service Retirement
System Pension because Employee specifically consents to the Court's jurisdiction to
divide his Civil Service Retirement System Pension.
The Court shall retain jurisdiction over Employee's Civil Service Retirement System
Pension for as long as the parties both shall live. The Court shall also have the authority
to make every just and equitable Order not inconsistent with the other provisions hereof.
The Court shall also have the specific authority to make any Orders it deems just and
equitable as a result of the Income tax consequences which flow from the division and
distribution of the Civil Service Retirement System Pension.
The Court shall also have continuing jurisdiction to make every Order reasonably
necessary to implement and accomplish the direct payment to the Former Spouse by the
Office of Personnel Management of her Former Spouse Survivor Annuity, including the
right to advise the Office of Personnel Management of the precise amount of percentage
of said Annuity. Neither Employee nor Former Spouse will do or cause to be done any act
which will cause this division to become null and void, and each party agrees that this will
be the final order pertaining to the division of the Employee's Civil Service Retirement
System Pension.
BY THE COURT:
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WALLACE F. HOOVER,
Plaintiff
V.
ANN L. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5549 CIVIL TERM
IN DIVORCE
Q A IFtF9 DOMESTIC RELATIONS ORDER
WHEREAS, ANN KRESSLEY, formerly known as Ann L. Hoover, hereinafter
referred to as "Former Spouse", and WALLACE F. HOOVER, hereinafter referred to as
"Employee", have entered into a comprehensive property settlement agreement dated April
4, 1997 as amended by an Addendum to Property Settlement and Separation Agreement
dated September 22, 1998; and
WHEREAS, as part of the settlement agreement Employee agrees that the Former
Spouse shall receive the full Surviving Spouse's Annuity under Employee's Federal
Pension known as the Civil Service Retirement System and shall not exceed the amount
provided for in §831.614 of Part 838 of Title V, Code of Federal Regulations; and
WHEREAS, counsel for Employee and counsel for Former Spouse have
acknowledged that this Qualified Domestic Relations Order Is being made pursuant to the
Domestic Relations Laws of the Commonwealth of Pennsylvania as it relates to the
provisions being made by the Former Spouse relating to her marital property rights; and
WHEREAS, it is intended that this Order will qualify as a Qualified Domestic
Relations Order, as defined in Section 414(p)(1) of the Internal Revenue Code of 1986 and
the provisions hereof shall be administered and Interpreted in conformity with the Code.
Pursuant to Section 414(p)(2) of the Code, the following facts are hereby specified:
1. The Act to which this Order applies is the Civil Service Retirement System
at 5 U.S.C. §8331 at seq.
2. The name of the Employee Is Wallace F. Hoover, whose current mailing
address is 24 Chestnut Street, Mt. Holly Springs, PA 17065, and whose social security
number is 179-20-9567.
-?
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„?
_.
3. The name and address of the Former Spouse is Ann L. Kressley, whose
current mailing address is 304 Forge Road, Boiling Springs, Pennsylvania 17007 and
whose social security number is 184-26-5485.
4. The Court has considered the requirements and standard terminology
provided in Part 838 of Title V, Code of Federal Regulations. The terminology used in the
provisions of this Order that concern benefits under the Civil Service Retirement System
are governed by the standard conventions established in that Part.
5. Under §8341(h)(1) Title V, U.S. Code, Former Spouse is awarded the
maximum Former Spouse survivor annuity Part 838 of Title V, Code of Federal
Regulations, §831.614.
6. The Employee shall be responsible for the costs, if any, of the Former
Spouse annuity benefits. Said costs shall be deducted from the Employee annuity.
7. The United States Office of Personal Management is directed not to pay
Employee a refund of Employee contributions.
Employee and Former Spouse agree that the Employee's Civil Service Retirement
System Pension is marital property subject to equitable distribution by the Court of
Common Pleas of Cumberland County, Commonwealth of Pennsylvania. Employee and
Former Spouse further agree that the Court of Common Pleas of Cumberland County,
Commonwealth of Pennsylvania, is competent to divide the parties marital property into
their divorce pursuant to §3301(c) of the Divorce Code. Employee and Former Spouse
finally agree that the Court of Common Pleas of Cumberland County, Pennsylvania has
jurisdiction over the Employee for the purposes of allocating the surviving spouse's annuity
of his Civil Service Retirement System Pension because Employee specifically consents
to the Court's jurisdiction to so allocate the surviving spouse's annuity of his Civil Service
Retirement System Pension.
The Court shall retain jurisdiction over Employee's Civil Service Retirement System
Pension for as long as the parties both shall live. The Court shall also have the authority
to make every just and equitable Order not inconsistent with the other provisions hereof.
The Court shall also have continuing jurisdiction to make every Order reasonably
necessary to Implement and accomplish the direct payment to the Former Spouse by the
Office of Personnel Management of her Former Spouse Survivor Annuity, including the
right to advise the Office of Personnel Management of the precise amount of percentage
of said Annuity. Neither Employee nor Former Spouse will do or cause to be done any act
which will cause this division to become null and void, and each party agrees that this will
be the final order pertaining to the division of the Employee's Civil Service Retirement
System Pension.
BY THE COURT:
'a„ .3 .1000
-S-00
WALLACE F. HOOVER,
Plaintiff/Respondent
V.
ANN L. HOOVER,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5549 CIVIL TERM
IN DIVORCE
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes the Defendant, Ann L. Hoover, by and through her counsel,
Robert J. Mulderig, Esquire, and files the following Motion to Make Rule Absolute in the
above-captioned case:
1. On November 30, 1999, this Honorable Court signed a Rule to Show Cause
why the requested action be granted. The Rule was served Anthony L. DeLuca, Esquire
on December 2, 1999.
2. On December 9, 1999, Mr. DeLuca wrote to Petitioner's counsel requesting
that certain changes be made. A copy of this letter is attached hereto and incorporated
herein as Exhibit "A".
3. The QDRO has been amended to reflect the changes requested by
Respondent's counsel.
WHEREFORE, Petitioner respectfully requests this Court to make the Rule absolute
and sign the attached Qualified Domestic Relations Order.
? %.?/lam
Date
Respectfully Submitted
TURO LAW OFFICES
/?
Robert J. Iderig, Esquir
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner
I hereby certify that I served a true and correct copy of the Petition to Make Rule
Absolute upon Anthony L. DeLuca, Esquire, by depositing same in the United States Mail,
first class, postage pre-paid on the Ae day of December, 1999, from Carlisle,
Pennsylvania, addressed as follows:
Anthony L. DeLuca, Esquire
P.O. Box 358
113 Front Street
Boiling Springs, PA 17007-0358
TURO LAW OFFICES
Robert J. MUlderig, Esqulyd
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant/Petitioner
ANTHONY L. DELUCA
ATTORNEY AND COUNSELLOR AT LAW
113 FRONT STREET
P.O. BOX 388
BOILING SPRINGS, PA 17007
17171 268.6844
Fox 17171 288.3802
December 90 1999
Robert J. Mulderig, Esquire
32 S. Hedfbrd Street
Carlisle, Pennsylvania 17013
Re: Hoover/Kressley
Dear Mr. Mulderig:
I have reviewed the draft of the QDRO with Mr. Hoover and the
following changes are requested:
1. ;Paragraph 6 states that Mr. Hoover would be responsible
for the costs of the former spouse annuity benefits and
that said costs shall be deducted from the employee
annuity. When Mr. Hoover retired, he chose the spousal
option and, to his knowledge, there are no costs
involved.
2. Paragraph 7 states that the Court of Common Pleas of
Cumberland County has jurisdiction over the employee for
the purposes of dividing his Civil Service Retirement
System Pension because employee specifically consents to
the Court's jurisdiction to divide his civil service
Retirement System Pension. Paragraph 6.09 and 6.10 of
the Property Settlement Agreement state that Wife shall
be entitled to the full surviving spouse's annuity under
Husbands federal pension. Accordingly, Husband consents
to the Court's jurisdiction to allocate the full
surviving spouse's annuity under Husband's federal
pension as stated in the Property Settlement Agreement
and not to any further allocation or division.
3. The last paragraph under item 7 of the draft states that
the Court shall have authority to make any orders,
including those involving income tax consequences. Mr.
Hoover would agree that the Court would have authority
under the terms of the Agreement. He does not consent to
the Court making any orders that are inconsistent with
the terms and conditions set forth in the Property
Settlement Agreement.
Robert J. Mulderig, Esquire
Page Z
December 9, 1999
Finally, if you wish me to respond to the Petition, please let
me know before the Rule is returnable.
Vary trul j
Anthony L. al"Lu?ca
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WALLACE F. HOOVER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. NO. 97-5549
ANN L. HOOVER MERLINA : CIVIL ACTION - LAW
Defendant : IN DIVORCE
STIPULATION AND AGREEMENT
IT IS HEREBY ORDERED AS FOLLOWS:
1. Acknowledgment: The parties acknowledge that WALLACE F. HOOVER was
receiving a Civil Service Retirement System benefit based on his service in the United
States Navy. The parties further agreed that his former spouse, ANN L. HOOVER, has
an interest in such military retirement benefits, and shall receive from WALLACE F.
HOOVER 's disposable military retired pay an amount as set forth below. The said
WALLACE F. HOOVER died May 9, 2007.
2. Member Information:
The "Member" as referred to herein is WALLACE F. HOOVER.
Address: 24 Chestnut Street, Mount Holly Springs, Pa. 17065
Social Security Number: 179-20-9567
3. Former Spouse Information:
The "Former Spouse" as referred to herein is ANN L. HOOVER MERLINA
Address: 304 Forge Road, Boiling Springs, PA 17007
Social Security Number: 184-26-5485
The Former Spouse and Member were married on December 8, 1984.
4. Assignment of Benefits: The Member assigns to the Former Spouse an interest in the
Member's disposable military retired pay. The Former Spouse is entitled to a direct
payment in the amount specified below and shall receive payments at the same times as
the Member.
5. Amount of Payments:
This Order assigns to Former Spouse the maximum Former Spouse survivor annuity Part
838 of Title V, Code of Federal Regulations, §831.614.
In addition to the above, the Former Spouse shall receive a proportionate share of any
post-retirement cost of living adjustments ("COLA") made to the Members benefits on or
after the date of this Order.
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6. Duration of Payments: The Former Spouse shall begin to receive her share of the
benefits as soon as administratively feasible following the date that this Order is
approved by DFAS or the appropriate Military Pay Center. The Former Spouse shall
continue to receive such benefits during her life, and, to the extent permitted under law,
irrespective of the future marital status of Former Spouse, shall terminate only upon the
death of the Former Spouse.
7. Survivor Benefit Plan ("SBP") Protection For Former Spouse: The Court hereby
orders that the Former Spouse shall be treated as the Member's irrevocable beneficiary
under the Survivor Benefit Plan ("SBP"). The Member shall be required to make the
necessary election in a timely manner to effectuate the SBP coverage for the Former
Spouse and shall execute such paperwork as is required. The level of SBP coverage
required for the Former Spouse shall be that which will provide her with the same benefit
payments after the Member's death that she was eligible to receive or receiving before
his death.
8. Jurisdiction: The jurisdictional requirements of 10 USC Section 1408 have been
complied with, and this order has not been amended, superseded, or set aside by any
subsequent order.
9. Duration of Marriage Acknowledgment (Compliance with 10 / 10 Rule):
The Member and the Former Spouse acknowledge that they have been married for a
period of more than ten years during which time the Member performed more than ten
years of creditable military service. The parties were married from December 8, 1984
to December 24, 1998.
II. MISCELLANEOUS PROVISIONS
10. Overpayments: The Former Spouse agrees that any future overpayments to her are
recoverable and subject to involuntary collection from her estate.
11. Notification: The Former Spouse agrees to notify DFAS about any changes in this
Qualifying Court Order or the order affecting these provisions of it, or in the eligibility of
any recipient receiving benefits pursuant to it.
12. Qualifications: The Member and the Former Spouse intend that this order qualify
under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408
and following. All provisions shall be c construed and modified to the extent necessary in
order to qualify as a Qualifying Court Order.
13. Submission of Information: The parties acknowledge that the following items
must be sent by the former Spouse to DFAS (Cleveland Center), located at P.O.Box
998002, Cleveland, Ohio 44'99-8002. The Member agrees to provide any of this
information to the Former Spouse at the Former Spouse's request and to make all
necessary efforts to obtain any of this information that the Former Spouse is unable to
obtain.
(a) A copy of this Qualifying Court Order that divides retired pay and any decree that
approves this order certified within ninety (90) days immediately preceding its
service on the applicable military pay center for the United States Navy
(b) A statement by the Former Spouse which verifies the divorce decree has not been
modified, superseded or set aside.
( c) The parties' marriage certificate.
(d) The Member's name, social security number, date of birth and name of the
military service.
(e) The Former Spouse's name, address and social security number.
14. Continued Jurisdiction: The Court shall retain jurisdiction to enter such further
orders as are necessary to enforce the award to spouse of the military retirement benefits
awarded herein, including the recharacterization thereof as a division of Civil Service or
other retirement benefits, or to make an award of alimony in the event that the Member
or DFAS fail to comply with the provisions contained above requiring said payments to
Former Spouse by any means, including the application for a disability award or filing of
bankruptcy, or if military or government regulations or other restrictions interfere with
payments to Former Spouse as set forth herein. Furthermore, the court retains
jurisdiction to enter further orders, including nunc pro tunc orders, that are just and
equitable so long as the orders are not inconsistent with any other provisions of the
Decree.
15. Taxes: The Former Spouse shall be liable for any federal, state, or local income
taxes associated with her assigned share of the disposable military retired pay.
16. Discovery: The Member hereby waives any privacy or other rights as may be
required for Former Spouse to obtain information relating to Member's date and time of
retirement, last unity assignment, final rank, grade and pay, present or past retired pay, or
other such information as may be required to enforce the award made herein, or required
to revise this order so as to make it enforceable.
17. Definition of Military Retirement: For the purposes of interpreting this Court's
intention in making the division set out in this Order, "military retirement" includes
retired pay paid or to which Member would be entitled for longevity of active duty and/or
reserve component military service and all payments paid or payable under the
provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any
statutory, regulatory, or elective deductions are applied. For purposes of calculating the
Former Spouse's share of the benefits awarded to her by the Court, the marital property
interests of the Former Spouse shall also include a pro-rata share of all amounts the
Member actually or constructively waives or forfeits in any manner and for any reason or
purpose, including, but not limited to, any waiver made in order to qualify for Veterans
administration or disability benefits. It also includes a pro-rata share of any sum taken by
Member in lieu of or in addition to his disposable retired pay, including, but not limited
to exit bonuses, voluntary separation incentive pay (VSI), special separation benefit
(SSB), or any other form of retirement benefits attributable to separation from military
service. Such pro-rata share shall be based on the same formula, percentage or amounts
specified in Section 5 above, as applicable. In the event that DFAS will not pay the
Former Spouse directly all or a portion of the benefits awarded to her herein, then
Member shall be required to pay her directly in accordance with the terms and provisions
set forth in Section 15 above.
18. This Honorable Court issued a Qualified Domestic Relations Order (hereinafter
referred to as "QDRO' ), dated, January 5, 2000. A copy of the QDRO is attached hereto
as Exhibit "A". The Office of US Personnel Management has reviewed the previously
signed QDRO and does not accept the language therein, thus necessitating the need for
the Amended Order.
IT IS SO ORDERED,
oaI 7 zoo S
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WALLACE F. HOOVER,
Plaintiff
V.
ANN L. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5549 CIVIL TERM
IN DIVORCE
(QUALIFIED DOMESTIC RELATIONS ORDER
WHEREAS, ANN KRESSLEY, formerly known as Ann L. Hoover, hereinafter
referred to as "Former Spouse", and WALLACE F. HOOVER, hereinafter referred to as
"Employee", have entered into a comprehensive property settlement agreement dated April
4, 1997 as amended by an Addendum to Property Settlement and Separation Agreement
dated September 22, 1998; and
WHEREAS, as part of the settlement agreement Employee agrees that the Former
Spouse shall receive the full Surviving Spouse's Annuity under Employee's Federal
Pension known as the Civil Service Retirement System and shall not exceed the amount
provided for in §831.614 of Part 838 of Title V, Code of Federal Regulations; and
WHEREAS, counsel for Employee and counsel for Former Spouse have
acknowledged that this Qualified Domestic Relations Order is being made pursuant to the
Domestic Relations Laws of the Commonwealth of Pennsylvania as it relates to the
provisions being made by the Former Spouse relating to her marital property rights; and
WHEREAS, it is intended that this Order will qualify as a Qualified Domestic
Relations Order, as defined in Section 414(p)(1) of the Internal Revenue Code of 1986 and
the provisions hereof shall be administered and interpreted in conformity with the Code.
Pursuant to Section 414(p)(2) of the Code, the following facts are hereby specified:
1. The Act to which this Order applies is the Civil Service Retirement System
at 5 U.S.C. §8331 et seq.
2. The name of the Employee is Wallace F. Hoover, whose current mailing
address is 24 Chestnut Street, Mt. Holly Springs, PA 17065, and whose social security
number is 179-20-9567.
3. The name and address of the Former Spouse is Ann L. Kressle , whose
current mailing address is 304 Forge Road, Boiling Springs, Pennsylvania 17007 and
whose social security number is 184-26-5485.
4. The Court has conside ad the requirements and standard terminology
provided in Part 838 of Title V, Code of Federal Regulations. The terminology used in the
provisions of this Order that concern b mefits under the Civil Service Retirement System
are governed by the standard convent ins established in that Part. 5. Under §8341(h)(1) Title V, U.S. Code, Former Spouse is awarded the
maximum Former Spouse survivor annuity Part 838 of Title V, Code of Federal
Regulations, §831.614.
6. The Employee shall be -esponsible for the costs, if any, of the Former
Spouse annuity benefits. Said costs s call be deducted from the Employee annuity.
7. The United States Offic( of Personal Management is directed not to a
Employee a refund of Employee contri )utions. p y
Employee and Former Spouse i gree that the Employee's Civil Service Retirement
System Pension is marital property , ubject to equitable distribution b
the Common Pleas of Cumberland County Commonwealth of Pennsylvania. Employee Court of
Former Spouse further agree that the Court of Common Pleas of Cumberland and
Commonwealth of Pennsylvania, is competent to divide the parties marital ro County,
their divorce pursuant to §3301(c) of the Divorce Code. Employee and Former S onto
finally agree that the Court of Common Pleas of Cumberland County, Pennsylvania use
has
jurisdiction over the Employee for the purposes of allocating the surviving spouse's annuity
of his Civil Service Retirement System Pension because Employee specifically consents
to the Court's jurisdiction to so allocate the surviving spouse's annuity of his Civil Servos
Retirement System Pension. e
The Court shall retain jurisdiction over Employee's Civil Service Retirement System
Pension for as long as the parties both shall live. The Court shall also have the authority
,o make every just and equitable Order not inconsistent with the other provisions hereof.
The Court shall also have continuing jurisdiction to n ake eve
necessary to implement and accomplish the direct payment to ry Order reasonably
the
Office of Personnel Management of her Former Spouse Si; Former Spouse by the
right to advise the Office of Personnel Management of the rvivor Annuity, including the
of said Annuity. Neither Employee nor Former Spouse ' p ecise amount of percentage
or cause to be done any act
which will cause this division to become null andvoid, and d? each
be the final order pertaining to the division of the Employee's party agrees that this will
System Pension. Civil Service Retirement
BY THE COURT:
J.
977."M PECORD
In T ir-re nto set my hand
and the seal of sai Court Carlisle, Pa.
Thj............. y f
othonotar