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HomeMy WebLinkAbout01-03523 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF IIIDY 4 HOGAN , Plaintiff VERSUS ROBERT HOGAN, Defendant AND NOW, ~~ PENNA. NO. 2001-~523 DECREE IN DIVORCE t ~ }, I~ IS ORDERED AND DECREED THAT JUDY A. HOGAN , PLAINTIFF, AND ROBERT HOGAN , DEFENDANT, ARE DIVORCEQ FROM THE SONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BE:EN RAI.SED OF RECqRD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET ElEEN ENTERED; NONE. ~;,'ffil .. ,..",. , '. . " .~ , 1"1 ., .~ /' By PROTHONOTARY . . Of.;f. :f.:f. J. . . . " . . . . . . . . . . . . . . . . . . . . . . . , .'l-'tl-"l'\\-il'i~~ ,-, '-'Ill' " ~ ~~~Ia.",.._'i;O.',"'kjH<"j.,~",~,"~:;,i~'.!<i",.."i.il>llJ~l'III,I~i~""""'-'''''-' ;rttlIM~. ~;.....r;liIt~ .~~,,-"~ J_,", ~ {~ .' ~4:r 7./Y.d3 d.;qI- t"'~~ -;j 7<~ 1)~f' 7-J/f'OJ ?~ ~ 'z~' L2.dF' ,-.-; " ~; .Jld!J.!_I~,lW!!l!ll:tI!II!L 1 f._._.._,,,_._.....~. ","..'.""."_" .. . JUDY A. HOGAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3523 CIVIL TERM ROBERT HOGAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE 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 !l3301(c) 3381(~ of the Divorce Code. (Strike out inapplicable section). , 2. Date and manner of service of the Complaint. Service was made on August 18, 2001 by Acceptance of Service affidavit signed by Defendant, Robert Hogan. 3. (Complete either paragraph (a), or (b).) (a) Date of execution of the Affidavit of Consent required by !l3301(c) of the Divorce Code: by the Plaintiff: March 8, 2003; by the Defendant: March 17,2003. (b) (I) Date of execution of the Plaintiffs Affidavit required by !l3301(d) of the Divorce Code: (2) Date of servIce of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: none 5. (Complete either (a) or (b); (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and a copy of which is attached: (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by !l 3301(c) of the Divorce Code: by the Plaintiff: March 8, 2003; by the Defendant: March 17,2003. _-'-. /' Date: March31,2003 L,/~ Attorney for Defendant '.,,,,~,,,,,,, ~, 11 - --, ,. ,. [,.,11< ',~ ~.~,~.~,~ UIl{~. , ~~ C"" ~ "'''''ltllW'fN''\''~:tJ.t''nrrr . "':'1"'.'"" nr"',l1u:,~<;"jJ~1'{(f''"t[[tl~j~1f~'it''~''~~ " E c ~ w '- ~m ~ ::;:! ::[' 1;'-:0 c:- '" r- ~"'" W "Ort; ;s::;O :"0 06 "'0 .,. ~D ::JI: T.=H ,,",0 ';j r::> ;.~ ~ C\, ..", ::< w 3S (..> ~- , <'S G . n ~'",",,""I""!'"'_ ._~_ ,~,t~~l"!""""~"rF"'''''''_'''~'''t,-'n'',;;.'';',;~",,,:!:'vr~!,iii"I~!'!'4~#J.~;1fflt1'filU!~W!f1;~~j~Wl1lil1!~I.jij:I~1~ff$ JUDY A. HOGAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION LAW No. 01- '3$.;(3 ROBERT HOGAN, JR., Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone: (717) 249-3166 "'~,,*, " ~_~,.~ ~__ ~ ~e~'oe' _, ~,...". n!lJ!!. ,~- "1 ~~ ~ ?''l' -..",~ JUDY A. HOGAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION LAW No.OI. 3523 Cuu -J.v-- ROBERT HOGAN, JR., Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Judy A. Hogan, who currently resides at 1563 Falling Spring Road, Franklin County, Pennsylvania, since 2000. 2. Defendant is Robert Hogan, Jr., who currently resides at 1070 Roxbury Road, Cumberland County, Pennsylvania, since 1995. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married in November, 1978, in Hagerstown, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. ''''''~_. II ,~~ ,..,. ,~ ~~- COUNT II: REOUEST FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 Cd) OF THE DOMESTIC RELATIONS CODE 9. The prior paragraphs of this Complaint are incorporated by reference. 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 11. Plaintiff and Defendant have been unable to agree to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order equitably distributing the parties marital property pursuant to Section 3502 (d) of the Divorce Code _c,Im'll'l'''1'1l_, I-I I T ~ _ -~- 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. !i 4904, relating to unsworn falsification to authorities. Date: &- 0 y, 6/ Yk{ t1 I~ V- Judy . Hogan, Pl~tiff ....~ / By: Karl E. Rominger, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 -'!>'i'il"'fOl',.-."""", JUDY A. HOGAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. o ~ 23 ?, U 1-'" 2l: ---I S;~_.~,'o~:!_~ :;u ;i~ i2] -'-"ill L"'J -,(-" ~ - ~) T' J" ~. ,''''re) ~;;~--, -,-. _~~~3.-J ;> _~,~ ~(J ~~;-.. ::- ; ~-) rn A complaint in divorce under S3301(c) of the Divorce Code was filef/Jn J.U.ne ~ '>, (,0 ~ : NO. 01-3523 CIVIL TERM ROBERT HOGAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of 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. S 4909 relating to unsworn falsification to authorities. Date: .3- {-oj 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 in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 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. S 4909 relating to unsworn falsification to authorities. Date: j - J - 0 ~ MAR 1 0 lOr3 :-'~~- ~-~ ...., - IlJI '.~ .1!I\lIltlt.~~:1"'~ ,U _~~!>:,"'_~~~!1IIm!IlIL~_," ,~.~,,, l!i!lH"" ." ;IIUfil i'lliII_1Tfc'#liYr"~niil'~;"'1fiii'U'i"iT'1'';:!! Q r;; 0 '=1 Q c:: (.c.,) ~ ........ "0 C<-' .. _-~:r! rn p', ':<::1 "7 .-(, .~ Z ~-- :;p ,""] (lJ "..- -< ~) c:: ',,.::: ," 'r"" " r:::; "'3 C) L.~ 5.-:: ,. ,- rn I~~':'" :;:< :s~j .. (J1 -<. .,~.",.. '\!iI1l!l"I{@lJf<''lf't,",h'' """-'C"'Y-"lOi'-"'--;~-"'~~f~;l:-P;:~J-l"lI'l"Iti(frrw-ffl>iI"l?ii1lWt$~'!!__'lW~1!!JJ1IMl!1-!~~jii'r.\tl: JUDY A. HOGAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3523 CIVIL TERM ROBERT HOGAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under S3301(c) of the Divorce Code was filed on June 7, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of 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 pe es 0 Pa.C.s. S 49 9 relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DECREE UNDER ~3301(c) OF THE DIVORCE CODE Date: MAR J ': 2003 1. I consent to the entry of a Final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 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 penal' f 18 Pa.C.S. S 09 relating to unsworn falsification to authorities. Date: "i1"_~", 1- ,"I, lIiI .<...."........,.. 'r:1111" '~~, ., I "'{ utrlmrlll"fr["W""""'if'~','" Q c_ s:. '4"..)(\' ~_i~'.:" ~2. ',~:- ~~; ).;,"(:-- ~:;\ ../.- ,.-,('1 a. if' C::J (~<) o -n ',"""3' r:- o' (",:) ,~~~~.I[~~<~,..".,4>1l , .dWll!!lll~!l'~l~~""~"',-I\'1i!'''''r;'r,<!'''''',.;'',H T-"'o/.,"'- -~i~"kA;'.K~",>~"'l;~rnl~m't'~Fl1tlJf,c';""',~.','I;!'f-'W'"<J!;',,~W3j'!\lWi\lf",iffiilll'l_,,j , 0 JUDY A. HOGAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 2001-3523 CIVIL TERM ROBERT HOGAN, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Pa..'iicipant's benefits under the hlgerso!l-Rand Company Defined Contribution PI~n(s) as stated in the Section (l) below and and is entered pursuant to the authority granted under the applicable domestic relations laws or community property laws ofthe Commonwealth of Pennsylvania. This Order relates to the provisions of: (please check appropriate box) o Child Support o Alimony Payments !El Marital Property Rights Section (1) - Plane Name(s) The Name of the Plan(s) to which this Order applies is/are: !El Savings & Stock Investment Plan (SSIP) Section (2) - Participant Information Plan Paitbip:::!"! Robert 1. Hogan, Jr. Name 03/27/46 Date of Birth 215-46-4418 Social Security Number 1070 Roxbury Road Newburg, P A 17240 Mailing Address (street. city, state, and zip code) Telephone Number (optional) 1 -;~_" m Section (3) Alternate Payee Information Alternate Payee Judv A. HOll:an Name June 15. 1948 Date of Birth 212-50-9469 Social Security Number 5368 Philadelohia Avenue Chambersburg, PA 17201 Mailing Address (street, city, state, and zip code) Telephone Number (optional) has an interest in the Participant's vested balance under the Planes) as named in Section (1) of this Order. An "Alternate Payee" as defmed by Internal Revenue Code Section 414(p)(8) is a spouse, former spouse, child or other dependent of the Participant. NOTE:The Alternate Payee shall be responsible to notifY the Plan Administrator in writing of any changes in his or her mailing address subsequent to the entry of this Order. Section (4) - Amount Assigned to the Alternate Payee Provide a specific amount OR percentage to be assigned to the Alternate Payee from each designated Plan o Specific Amount of $ OR !El 50% (fifty percent) of the vested account balance as of December 21. 2001 (Allocation Date) . NOTE: The amount specified above is subject to the value of the account and in no event may be greater than the amount otherwise held for the benefit of the Participant under the Plan(s). Vnless otherwise stated, the Plan balance to which this Order applies will be the Participant's otherwise held Plan balance minus the value of any outstanding loan balances. 2 ~ .-"-- .' "' 1~1 ,~ , Section (5) - Commencement of Benefits Upon receipt of this properly completed Qualified Domestic Relations Order, the Alternate Payee's assigned benefit will be processed as soon as practical following the 30 day appeal period or upon receipt of a properly completed Waiver of Appeal form. The Alternate Payee will be contacted by the Plan Administrator for specific information required to set up a separate account and to provide information regarding the distribution options, Upon receipt of the required information from the Alternate Payee, the record keeper will establish a separate account for the Alternate Payee's exclusive benefit. Section (6) . Understandings & Conditions I, Change in Plan-Sponsor-Changes in Plan Sponsor, Plan Administrator or Plan Name shall not affect this Order. 2. Death of the Alternate Payee-In the event of the Alternate Payee's death prior to the distribution of the assigned benefit, the amount assigned will be paid out to his/her estate. 3, Name and Address-The Participant and the Alternate Payee must advise the Plan Administrator of any changes in the mailing addressees) or legal name(s) as previously set forth in this Order. 4. Notice of Prior Order-By the submission of this Domestic Relations Order, the interested parties in this Order certify that they are not aware of any prior Orders which purport to dispose of the benefits described herein, Should a prior Order exist, it is the responsibility of the interested parties to advise the Pan Administrator prior to the Plan Administrator's determination of the "qualified status" of this Order. 5" Qualified Domestic Relations Order-This Order is interned to fulfill the requirement of a Qualified Domestic Relations Order pursuant to Section 4l4(p) of the Internal Revenue Code, and as such, this Order is not intended to require the Ingersoll-Rand Company Defined Contribution Plan(s) to provide any increased payments over those due the Participant under the Plan. 6. Tax Basis-The tax basis of the distribution to the Alternate Payee must be on a pro-rata basis pursuant to Internal Revenus Code Section 72(m)(10). 7. Terms-The terms used in this Order shall have the same meaning as in the Ingersoll-Rand Company Plan Docwnent(s) tc which it applies. 8. Valuation-Accounts are valued on a daily basis, The Alternate Payee's assigned portion will be taken proportionately from all available funds in which the Participant has a vested account balance. 3 "7"'l'.t*~ ~ ,'-II , IT IS SO ORDERED, this 2. '5" day of /p~ / Signature Date: /0 - :3 1- O;;L Date: NO" 1 0 2002 Print Name and Mailing Address Thomas S. Diehl. Esquire One West High Street. Suite 208 P,O. Box 1290 Carlisle, PA 17013 (717) 240-0833 Telephone Number '~~"". ~,~ 1/_.:lS-O.L ~L/l y 'T J.k..V ~ ---"-- '""'~-~ ~ -- ,2002. J. Alternate Payee- / .~L'~ a !JD(f~ SIgna e f V v Date: /0 -,.;; 'i - 6 ~ Attorney for Alternate Payee Signature Date: Print Name and Mailing Address Telephone Number 4 - ---, "j~~~tIDilr,'If~' 'WL"f.<i,t'f!;Il'.~lli.i!~,~~\illH"-iI:i>l!\&.~ttJlir.:t~l::rcim"~".M1_~_ ~~i~~. ,""~',H' ,. ,1:11"" .."C.!. ~,~u.". , -~ --~ --~",,,, __JI!lllill~ i;;II>-""~ OF FILED-{)FF/CE n.ir c"){)n~:I^"r."'ITt\RY ,. <,-- . , ''-' , , '~.I \. It- 02 NOY 25 PM I: 06 CUMD--', . 'I" CO' 'II/'IV btt1LP-J\U vro r PENNSYLVAlIJ/A .. ~ . OJ< " WAIVER OF RIGHT TO COUNSEL I, Judy A. Hogan, have been advised by Thomas S. Diehl, Esquire, that he is the attorney representing my husband, Robert J. Hogan, Jr., in the matters of our separation, property settlement, divorce and all issues surrounding these. I have bee advised by Attorney Diehl that he cannot and will not represent me in any of these matters. I have been advised that it might be in my best interest to hire my own attorney and to have an attorney of my choosing review any documents before I sign them, Should I proceed without counsel to represent me, I do so voluntarily and with knowledge of my rights. Date: It) -41-0;:' "\ .,,"- ,k~1 (( Jugy A. H~gan M)fC.e...- (j - .^,_",., A.' 1.1" , Cumberland County Prothonotary's Office Civil Case Inquiry 2001-03523 HOGAN JUDY A (VS) HOGAN ROBERT JR PYS510 Page 1 Reference No. . : Case Type.....: COMPLAINT - DIVORCE Judgment. . . . . , .00 JVdge Assigned: Dlsposed Desc. : ------------ Case Comments ------------- Filed........: Time..,...... : Execution Date Jury Trial. . , . Disposed Date. Higher Crt 1.: Higher Crt 2.: 6/07/2001 1:58 0/00/0000 0/00/0000 ******************************************************************************** General Index Attorney Info PLAINTIFF ROMINGER KARL E HOGAN JUDY A 1563 FALLING SPRING ROAD CHAMBERSBURG PA 17201 HOGAN ROBERT JR 1070 ROXBURY ROAD NEWBURG PA 17240 Zu.v ~ ~ ~ flr'I"JJ/ ~~i~. DEFENDANT ******************************************************************************** * Date Entries * ******************************************************************************** 6/07/2001 n/25/2002 3/17/2003 3/17/2003 3/17/2003 3/17/2003 4/09/2003 6/23/2003 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - DIVORCE - 1 ADDL COUNT - EQUITABLE DISTRIBUTION -----------------------------------------------~------------------- QUALIFIED DOMESTIC RELATIONS ORDER - DATED 11/25/02 - BY THE COURT EDGAR B BAYLEY J COPIES MAILED AFFIDAVIT OF CONSENT - DEFENDANT WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-DEFT AFFIDAVIT OF CONSENT - PLAINTIFF WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-PLFF ------------------------------------------------------------------- ACCEPTANCE OF SERVICE FOR COMPLAINT IN DIVORCE - BY ROBERT HOGAN JR DEFT ------------------------------------------------------------------- PRAECIPE TO TRANSMIT RECORD - - - - - - - - - - - - - - LAST ENTRY ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal Pvmts/Adi End Bal * *****************************************~************************************** DIVORCE TAX. ON CMPLT SETTLEMENT MASTER'S FEE DIV PA SURCHG JCP FEE ADD'L COUNTS JCP FEE 35.00 .50 5.00 125.00 10.00 5.00 10.00 5.00 35.00 .50 5.00 125.00 10.00 5.00 10.00 5.00 .00 .00 .00 .00 .00 .00 .00 ,00 195.50 195.50 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** '^'}~ II ~~-"" -~ ~" ~ "~~ ~ ~ '~<"'~.._. . JUDY A, HOGAN, Plaintiff : IN THE COURT OF COMMON PlEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-3523 CIVIL TERM ROBERT HOGAN, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Robert Hogan, Jr., Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce in full satisfaction of the Pennsylvania Rules of Civil Procedure. DATE:August 18, 2001 r'~~""'-~.. _""'"_~" . 1""1 . ~ ro "~ ~- ~-,- "" .' . ~~""'" '. ~ "". D!1!IIlii'I'~~ ~. 0 ,". >,. . ,'''',,"l~-~'i'>,';';'''''''oM '",,' -""-'-""~"f-wv<":-"';lil!lrl'1"t~~'f'-'""1~'~1(itT'':-;:I:~i-.-:,t~'4f:~'ii; ~ ~ ~ G VJ o ~ -r:rel-' rlln ~~'. i~ :::.~. -:::: C'," G) .-..., ~--" -n .J:> ~ )' '2 r;; 'i~~ . 'SJ -<,~: . -i-' _""T C:r'o s; ~~ ~~~fl~~fM!!fJ;iQ~"~'''''''~''''''''~'~''''-''l+_'''l'':1l''f'n~'itIl-''~,h;~:~'!'plF.:Jtf1;("''!(~'"~%'''1)~7'''jiljlJ~''';-j''' '~;;-I"",(~-,,,,,'J:,ti,['~;f."_1;i''''Ifl~i4:tl'tlffllj'V