Loading...
HomeMy WebLinkAbout99-01890 ~-~~-~-~~-----------~-----~--~] ~ ~~'-I . -~--~~_._-----,--, '-'-'-. _. IW ~ -. : IN THE COURT OF COMMON PLEAS I ~ OF CUMBERLAND COUNTY ~ ~ : STATE OF ~ PENNA. S i ~.~ ~ ~; ~ ~.~ " ~ w r-: '" ~ v ~ ~.. ~ ~~ ~ :'~ ~ .,' ~ :.~ ~ ~.. ,', Il ~ ,'. @ .'~ ~ .'~ ,', '.i $ . SHEILA .L.HOCK, ~ ',' PLAINTIFF N O.99:c-1I!.9.0................ 1t)99 ~ .' ~ W '.' Vl'I'~IIS GLENN L. HOCK, 8 ." ~ ',' DEFENDANT. ~ ... DECREE IN DIVORCE AND NOW, . ..s.q:.t'':'":l~~..l.~....., 19.'1.1.., it is ordered and decreed that. .. ..1!ij~;rM '~'" .!fOCI{.......................... ", plaintiff, and. . . .. " " . . . . . GLENN. L.. .HOCK... . .. . ...... . . . . . . .. ... .. " defendant, are divorced from the bonds of matrimony. s 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; ................ ........................., ............ ...... .., ............ ................ .. ......... .......... .... ............ ...... ...... ......... ;;; ~ .' M ~ ~ ~ K ~..;-;;.. -:.;. .:.:. rothonolary $ ~ ~ a " ~ ',' ~ ~ ~.~ ~ " ~ ~ ~ r .~ ,', ~ ~ ;'1 ;.', ~ ~ ~ '.~ ;'0.; ., ~ ;': i ~.~ ~ .' :t! ~.) ,', ~ i ~.~ ,', ~ ~ ~ ~ ~ ... ~ ~ J. ~ ~ ij ~ """"'-......-..-.~-.....-...-.....~--.-~~-_._" '_.--., '-',~" ~._..-.-...---...............~.~-~_.,---~..~_.~.,__, _._,.n '~__.~_, I~ ~~~----***~*******~*--~ HEILA L. HOCK, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. : VS. ~ NO. 99-1890 CIVIL TERM : LENN L. HOCK, : CIVIL ACTION - LAW Defendant : IN DIVORCE \999, by ennsylvania (hereinafter referred to as "WIFE") and Glenn L. 693 Middlesex Road, Carlisle, PA 17013, (hereinafter eferred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married n September 15, 1984 at Carlisle, Pennsylvania. Wife instituted n action in divorce to number 99-1890 civil Term in the Court of ommon Pleas of Cumberland County, Pennsylvania on March 31, 999. The pleadings in the case requested dissolution of the arriage between the two parties and for such further relief that he Court may deem equitable and just; and WHEREAS, The parties have reached an agreement as to the ettling of all matters relating to the divorce and custody of two children: Melissa Hock, age 14, born July 31, 1985 and Hock, age 11, born February 22, 1988. NOW, THEREFORE, in consideration of the promises and the utual promises, covenants and undertakings hereinafter set forth Page 1 of 10 j ....... , and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent 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. 2. The terms of this Agreement and their effect have been fully explained to both of the parties by, Jane M. Alexander, Esquire, HUSBAND has been advised that he may seek independent legal counsel. The parties acknowledge that they have received independent legal advise from counsel of their choice and have been fully informed as to their legal rights and obligations or have fully chosen not to do so. The parties understand the facts and acknowledge and accept this Agreement as fair and equitable. 3, The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, ith due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing property is not intended by the parties to constitute in a sale or exchange of assets, and the division is being ffected without the introduction of outside funds or other 2 of 10 property not constituting a part of the marital estate. 4. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select, Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carryon 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 shall interfere with the uses, ownerShip, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. 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. 6, Debts of the Parties: It is further mutually agreed and understood by and between the parties that all joint debts have been paid including open accounts, credit cards, and bank liabilities except as hereinafter set forth: 6.1) The HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts and bills in his name alone, particularly those incurred since date of filing Complaint Page 3 of 10 in Divorce. 6.2) The WIFE shall assume all liability for and pay and indemnify the HUSBAND against liability for all debts and bills in her name alone, particularly those incurred since date of separation. 6.3) The parties acknowledge that subsequent to the filing of the divorce the parties did secure a loan from the Money Store with a balance due as of october 1, 1999 of $49,457.04. 6.4) Each party agrees to be responsible for their respective credit card debt and if the other spouse has a card or charge privileges the card shall be destroyed and the credit card company notified that only the holder is responsible for the debt. 6.5) HUSBAND will continue to pay all premiums on the existing life insurance policies until such time as the home is sold. 6,6) Parties agree to each being responsible for one half the costs and fees incurred in this action. 7. Personal Property. As to all items of personal property which the parties have divided to their mutual satisfaction, henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all it~~s of personal property of every kind, nature and description and wherever situated, which are now Page 4 of 10 owned or held by or which may hereafter belong to the HUSBAND and WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all PUrposes as if he or she were not married. Specific deposition of major items or personal property is as follows: 7.11 Household furniture and furnishing shall be divided as set forth on Exhibits A and B attached hereto and made a part hereof. 7. 2 ) Vehicles: (a) HUSBAND shall retain ownership of the Chevy Pickup truck. There is no lien against this vehicle. (b) WIFE shall retain ownership of the Susuki and shall be solely responsible for the debt relating thereon, which has a monthly payment of $289.61 per month. (c) HUSBAND will continue to pay the insurance on the two vehicles until date of divorce. 7.21 Bank Accounts: Each party will open or has opened their own bank account. Neither party will make a claim against those funds. 7.3) Pensions: Both parties agree to release any interest they may have in the pension plans. 401(k), profit sharing or IRA accounts of the other, if any exist, and agree to execute any documents that may be required to confirm said release. WIFE does not have a vested pension plan or 401(kl. Page 5 of 10 .... - ... HUSBAND, an employee of AMP Incorporated, has a savings nd thrift plan No. 091357 which had a balance as of June 30, 1999 of $20,366.11. It is agreed that WIFE shall receive ne-half of those funds or $10,183.05. 8) REAL ESTATE: The marital residence located at 693 South Middlesex Road, arlisle, PA 17013 is to be immediately offered for sale with a selling price of $159,900.00. The parties agree to attempt a "sale by owner" until October 1, 1999. If a buyer is not secured y that date the property shall be listed with a professional realtor. HUSBAND shall be responsible for the mortgage payment to ank America and WIFE shall be responsible for payment of the oney Store loan. At such time as the home is sold the parties shall equally ivide the net proceeds. However, should the proceeds of the sale of the home not be sufficient to pay the existing mortgage and loan and costs of sale the parties shall each be responsible for one-half of said debt. 9. Spousal Support/Alimony: Neither party will make a claim, now, or in the future for spousal support and/or alimony. 10. The property settlement as provided herein between the arties shall be considered an equitable distribution of marital property and both parties waive any and all rights or claims Page 6 of 10 which they may have been entitled to raise with respect to the issue of equitable distribution under the Provision so the Pennsylvania Divorce Act. 11. CUSTODY OF CHILDREN: a) The HUSBAND and WIFE shall have joint legal custody of their two daughters, Melissa Hock and Heidi Hock. b) WIFE shall have primary physical custody of Heidi Hock and HUSBAND shall have primary physical custody of Melissa Hock. (i) HUSBAND and WIFE shall have visitation every other weekend from Friday at 5:00 p.m. to Sunday at 9:00 p.m. with the two children. One weekend the children will be with their Father and the next weekend they will be with their Mother. (ii) Parties shall alternate the following hOlidays of Thanksgiving, New Years, Memorial Day, Fourth of July, and Labor Day with the visitation beginning at 9:00 a.m. and concluding at 9:00 p.m. WIFE shall begin the schedule by having the children Thanksgiving 1999. (iii) Christmas shall be shared with HUSBAND having the children from 5:00 p.m. on December 23rd to noon on Christmas Day; WIFE shall have the children from noon on Christmas day to 9:00p.m. the day after Christmas. In even numbered years the time periods will reverse. V. Other holidays or school vacations such as Easter and Spring break shall be shared as the parties may agree. VI. The summer vacation period shall be divided equally Page 7 of 10 "" . -. -... between the parents with both girls spending either alternating eekly time periods with each parent or one-half the summer with one parent and the other half with the other parent. VII. Both parties shall have reasonable phone contact when a child is not in their custody. c) Both parties shall refrain from making unkind, or derogatory remarks about the other to each other in the presence of the children and shall at all times avoid any confrontations that may upset the children. d) HUSBAND will pay the sum of $200.00 per moth to WIFE to aid in the support of Heidi said payment to begin December 1, 1999 or when the house is sold whichever occurs sooner. c) INCOME TAX DEDUCTION: It is agreed that each parent shall claim the child who is living with them as a dependent for 1999. It is further agreed that the parties, if they file separate returns shall equally divide the allowable deductions such as interest and other costs relating to the home. 12. The parties agree that simultaneously with the signing of this Agreement they will sign the necessary affidavits of consent and affidavits acknowledging notice of marriage counseling in order to conclude the divorce action filed by WIFE under the no-fault provisions of the Pennsylvania Divorce Act. 13. The waiver or unenforceability of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to enforce Page 8 of 10 i I, r'" i l' I [~ any other term, condition, clause or provision of this Agreement. 14. This Agreement shall be construed and interpreted according to the laws of the Commonwealth of PennsYlvania. 15. It is understood and agreed that the heirs, administrators, executors and assigns of the parties hereto shall e bound by all the terms, conditions, clauses and provisions of this Agreement. IN WITNESS WHEREoF, the parties hereto have set their hands and seals the day and year first above written, intending to be legally bound. ~lo: Dr" ~.c.LhL(sEAL) Shetla L. Hock .I'flimJ/'. tk1 (SEAL) Glenn L. Hock COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ~_: On this, th~ay 0 <<-.' '-<'<./1999, before me, the undersigned officer, a Notaryipublic, in and for said Commonwealth and County, personally appeared Sheila L. Hock and Glenn L. Hock known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that they executed the same for the purpose therein contained and desired the same to be recorded as such. Page 9 of 10 ... ('\, tt: (~ I"~ " . ..," : .. ( .' ~'.' " I:,. . ,', ... (f ; '.. ") II (') .. ( L , C. L '. '.', ::l . <.r. u .u CI.l . <II ><:><: e l<lZ ~ <II ~Z ~ 8 <II Q.,l<l H Z " Q., 8 ><: i:l' Z e Z c ><: o ." H Z J " ~><<II .0: l<l .u '" 88 ~ ~ c -' ~ OZ Q., l<l <II ~ ~~2: uo..... c e ~ 0"'0 o'...~ <II e"',.. ~u>.o: . ..... ~l!:l 0 '...~ :.: . .u CU U :.: .u 8Z Z 0 U <II ~~~lll II: 0 CI.l II: o I>: co 8 . <II u~_u ~ . i:l' tll I .0: ~ III l<l:l1;c>\ .0: '0-1 ~SC>\~C ~ , z " H Ul Z " .> l<l > r<l III Z~O'i~ II: ~ :;: HOZU Ul ~ , >- t:: ~ C": 1- !S! .~ t!.JQ :::> C)4f:'~ C)~ iJ.:!...' :t: L):E- 'J..r" a.. ..~ c'c-: ")~ or;. C"") '.:iff) w..,_ N Z ff!~'.: C'_ ':':Z' " lu :,JuJ ~. C/} ~~a.. > ". m :'5 C: C1'I (J SHEILA L, HOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, NO, qq. /J' 9t' {1;;J T.u-. vs, GLENN L. HOCK, Defendant CIVIL ACTION - LAW IN DIVORCE COMPI,AINT IINDER SECTION 3301 (r.) OF THE DIVORCE CODE COUNT I -? ~ 7:1 ,?/7 ./ AND NOW, this ~ c/'wday of /1/ ~'l", / , 1999, comes the Plaintiff, Sheila 1. Hock, by her attorney, Jane M, Alexander, Esquire, and files this Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Sheila L. Hock, 34 years of age, who currently resides at 693 S, Middlesex Road, Carlisle, PA 17013, South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, 2, Defendant is Glenn L. Hock, 38 years of age, who currently resides at 693 S, Middlesex Road, Carlisle, PA 17013, Cumberland County, Commonwealth of Pennsylvania, 3, Plaintiff and Defendant have both resided in the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of the Complaint in Divorce, 4, The Plaintiff and Defendant were married on September 15, 1984 in Carlisle, Pennsylvania by a Pastor. 5, There were two (2) children born to the parties during this marriage: Melissa Hock, age 13, born July 31, 1985 and Heidi Hock, age 11, born February 22, 1988, 6, There were no prior actions in divorce or annulment commenced by the parties, 7. The parties have not entered into a wrillen agreement as to alimony, counsel fees, cost and property division. 8, The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling, 9, While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured Spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome, WHEREFORE, the Plaintiff prays your Honorable Curt to enter a Decree of Divorce from the bonds of matrimony, COHNT II 10, The allegations of Paragraph one (I) through nine (9) are incorporated herein by reference and made a part hereof, 11. The marriage is irretrievably broken, WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony, COHNT III 12, The allegations of Paragraph one (I) through nine (9) and Paragraphs ten (10) and eleven (11) are incorporated herein by reference and made a part hereof, \;3 ~ lil 0-1. ""...: Z"" o . ~~ U~~ f>..Oo-1 OU 01 f;J~6 ::>0-11-1 lil 8&jt; U lilg!"': ~ :I1~' ..... r,..::>0-1 1-1 UI-I 0 Z :>. Hf>..HOZ U H t:j ~\ 'If ~ ~ '<") .....']. ~ ........... \?- rr ........... K' ~ ~ v ~ '.... '<> .\j-' ":) ~ f'.. .~ ~ .. c.... 'Z> - l'-' J- ,-J, \X:) 2f~,~ - " lil 0 f>.. 0 f>.. ~ ZU H r,.. Olil Z (:1 HU H Z E-'~ ...: . lil UO ..0-1 lJ) f>.. [;l~ :<:11. :> lil J'1d U :::C:O ~o 0 :I1 t) lillil g O:I1 ~r~ , ~r,.. 0-1 ~Jii ...: , r,..f>.. 0-1 ZO 0-1 ~ol H z H- ~ ~'" lil Z ...:r..l :I1 lil 0-1- "\ ~ lJ) 0-1 "".... t9 Zo OM UM .~ . ii; C> [-; ., c-: ,. ~ :'.-r- n ." '_.lo:; I.!" .'- -)::: ~ : - , Wo. - ~4j . ';,';- . ...,~ <', ((,'1 ("',; N , 1('; tJ,-, 1... - . c., JlW L' L...; rl,.l- v; ~..; u. C1\ ::.; c. C'> <.) en. .:;.:; r.l r.lZ U >'lZ ~ I><r.l ~ I>< r.. Z E:H r.. E-< o "~Q H Z J - :':><01 E-< .:; +J '" OE-<+JZ Z 0 C .. 1$ OZ H H Z 01 ~~~2: Uo.... .:; r.l III ~rO O''''~ >'l r.. C r..U>.:; 'I>< r.l 0 ~lji o ''''>'l :.:: -0 U 00 U , I<: E-<Z Z 0 en U ..... ~ ~~l [3':;00 :z: :> 0 0 >'lOlH :x: 0~0)E-< . +J Ur.l~U >'l , ..., all':; >'l > r.l:':0l .:; III :Z:OOl>'l >'l C '0 E-<U H H C ;.oj .:> r.l 01 .... Zr..OH :z: .... ..... HOZU en t.!l .:; '. ~ ;-~ II ,~: , ,. . .1 !.... ,-)': "; , C. "": ,"-:.J >- to; :...).....,.. .', ~ '.. ~..' .... -., 'L. .':"./ (~; lll' , ii I ,. ", <.) "") N (' L' "', '" o , ., ',-;1 'la.. fl, :i \.) <I). .0:": iii IiIZ U ..:IZ p:: "'iii 0 '" :> .... E-< Z :EH .... Z o .. 0:: Cl '... .0: - :E:><1iI ..., 0 J~ · :EE-<E-<Z <: Z E-< -' ~ OZ H '... iii Z ~_O\ UO..:l '" '" lil '; ~~R OH:3: .-i lil <I) ",U:>.o: .", 0 z ~l~:, 0 H..:I It: . 0 CU U It: U E-<Z Z 0 U 15<00 :c 0 '" ..:I"'H :c 0 OO::CXlE-< , U~_U ..:I . E-< "l I .0: ..:i H lil:E'" .0: Ul > :CO"'..:I ..:I > Z <I: E-<U H H Z Q .:> iii lil H Z",OH :c ..:I '" HOZU (J) t? '" .... c> Ir; ~ ., ("; 1,,- ~~ .>:: lJ J~-! ~-). 1'" ( ).~ . ".';': ::..::l. -'0 ';: ~> (" I ~ A.. ~j .... , , ,::" ,.., I ~'_:~ ,. , (oJ 6. , " .' I, .tij v> ':l.. j, ,~ ~.: c..:. '" :J '" U CIl au ..: Hp,: tiI tiI ~ E-< E-<O Q ..:I ~ Z Z>ZO Po": H ..: tilHOU Po E-< Q E-<QH Z Z Z Z E-<ti1 0 . H tiI H<(UU J . '" :E>< <( ~ tilp,: .. ~ :EE-< ..:I tiI ~~(Jl0 ~~~C7\ OZ3: '" Q 00 > U::>":..:I tilH ~ a"'::; O..:lH tiI><QQ "! t~i ~u > . up,:o o IH :..: . HE-<UtiI Q U U :..: E-<Z :I: E-<ZZ 0 CIl U Otilp,:E-< ~ !~I p,:..:oo :I: > 0 Z tiI ::>..:1 Hm tiI :I: E-<Q~ Op,:E-<IXlU , ~(JlZO UtilU~p,: ..:I , Otil::> ~..: 10 ..:I ::> tiI:E: m> <( p,:Otil () :>::::>..:ImH ..:I Z tilti1ti1- E-<UH Q H Z :>0::11::_ > . tiI tiI H Uo Z~HOZ :I: ..:I <(Otil"" H ZH (Jl '" 3:E-<Q"" .. SHEILA L, HOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS, NO, 99-1890 Civil GLENN L, HOCK, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTPNTION TO REQUEST ENTRY OF A D:~~~C~ e~CREE UNDER CODE SECTION 330llCl 0 I RCP CODE I, 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 de,ree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit, are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, Date: J//~rJ, /19 <} fftvlj,/ J/oJJ Glenn L. Hock {..... r; j.~: ~~."j r:~\ (]\ ", i;; r:~-~"~s ........ ,~_J@ .,)}J J'I tl .r~:~ '. ::i C.J ~.' -, 0': r:' -', , I.,'J U, , :'1' <,') '" C.. w; ") "" m u (.) III OU <0 H~ M QJ ..... .u E-<O Q .... ..... c Z>ZO 0.< 'M '" MHOU "" .u '0 E-<QH C C C Z E-<M o . 'M QJ H<UU ~ ~Z' 1\1 ..... M~ J~ " ..... QJ r...r...tJlO -' C$ o c ) "" Q 00 > ~"2: U::l<O.... MH "ll 0 "'0 o ...:I'M . M:><QQ E"" ""'U > . III U~O ~1~~1 0 1 'M l<: > . HE-<UM '0 U U l<: E-<Z :c .uCC 0 U OM~E-< 1-<<000 :c 0 Z M :::3.......,..,0\ QJ :c E-<Cr... Ol-<.u", U . r...tJlZO 00>0_ I-< ...:I . OM::> .0<1 0 ...:I ::> ~ QJ8 "'> < ~OMU ..c: ::3......0\." ...:I Z MMM~ .u U'... Q H Z ::>t:t:::t:t:::_ > . M M H Uo C ""' '... 0 C :c ...:I <00l'" HOUZH U) ~ :3:E-<CM ... -:.... ~ " '. Ii I I I I SHEILA L, HOCK. I' I L i, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PA Plaintiff VS, NO, 99-1890 CIVIL GLENN L, HOCK, CIVIL ACTION - LAW IN DIVORCE Defendant PROOF OF SERVICE il'i ~~ o ~ . C ~,g il'e 1; ~:! ..fill:: 0': O""U - 't-_ ..sa ... ... U D e a..! Ii It D '~:e~a G)G)_cZ N a:u ~8~ IU o ..II \J) 0 112 "t \n r- ~ 10 It) ~"- \0 ... <0 o ,~ 1 .! f 1 f ~ ~ 11 i 'j .. li . & ! 0 ~ i ~ u ~ = E661 qOJ.~ .OOS& WJO~ Sd I ~m i _._.._._..__.-,-".~~ ~,,,,,,,'~"'~~--""'-"-'.'."- I also wish to receive the fOIlO~i!N_sery.ices (lor an extra fee): . 1, g Addressee's Address Ii: crl ~, 2,)0" ReSldcted Delivery ell ' Consult postmaster for fee. 4a. Article Number Z 71'3 -r08 (.02 <;; SENDER: :g . Complete iloms 1 and/or 2 lor additional services. Ul . Complete Items 3, 4a, and 4b. I>> . Print your name and address on (he reverse of this form so lhat we can relum this e card to you. ~ . Attach (his lorm to the Ironl 01 the mailpioce, or on the back. il space does not .. pe<mil. .. . Write "Return Receipt Requflsted"on the mailpiece below the article number. .! . The Retum Receipt will show to whom the ar11cla was delivered and the dale _ delivered. S 3. Article Addressed 10: '0 ~ '6. E o u a: l a: E' ~ ,...... 1;; ~ertifie a: o Insured ~ . o coo ~ ~. ~ o ...' ... C ~, (:.. ~ il X ... .!!! PS Form 3811, De<:embe( 1994 '- ,n , ., . , ,< , , , " "J , " :~: " ,., " r , , './1 ( " , 1 ; ~ J . .J > , I" .. J I ". (Y't , 0 0' <) (Jl ..: fiI ...:l "''': '" Z c.. ... o . c.. z ~ ~~ H ..: fiI J ~ ~-~ ... 0 U OZ~ Z Z H UO":...:l H fiI > OHH ..: c.. I>: '1 0"'0 E'" .... c..U > ....:l (Jl fiI fiI '" t'. 0 IH ~'" > -0 (Jl 0 U U ~ ...ZZ 0 U c.. ~ ~~I 1>:0<:00 :c 0 0 O...:lH'" :c 01>:...", . ... Uj:z:fCJ_ ...:l . H Ill": I ...:l > fillE: '" ..: ..: :CO...:l", ...:l Z 0 ",UH H Z H > , fiI fiI c.. Zr..HO :c ...:l c.. HOUZ (Jl l!) ..: , " , - ~ SHEILA L. HOCK, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA : VS. NO. 99-1890 CIVIL TERM GLENN L. HOCK, : DOMESTIC RELATIONS ORDER Defendant ORDER OF COURT ApJJ) N()(....> It~t:!:' z/siJ "7 to-,j \.U>C, 2 bD I " 1, This order is intended to constitute a qualified doemstic relations order ("QDRO") as defined in section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and the provisions hereof shall be administered and interpreted in conformity with such intent. 2. This order applies to the Tyco International (US) INc. Retirement Savings and Investment Plan (the "Plan"). 3. Sheila L. Hock is the "Alternate Payee" within the meaning of Section 414(p)(8) of the COde and Section 206(d)(3)(K) of ERISA, and her address is 227 Meals Drive, Carlisle, PA (South Middletown Township) 17013. 4. current 17007, Glenn L. Hock is a Participant in the Plan and his address is 413 Kauffman Street, Boiling Springs, PA 3. The Plan shall pay to the Alternate Payee a portion of the benefit payable to the Participant under such Plan in a lump sum amount equal to $10,300.00. This lump sum payment shall be paid to the Alternate Payee or, at the option of the Alternate Payee, to an eligible retirement plan (within the meaning of Code Section 402(8)(B) designated by the Alternate Payee as soon as is practicable following the entry of this Court and delivery of this order to the plan administrator of the Plan. 6. This order does not require the Plan to provide any tupe or form of benefit or any option not otherwise provided under the plan; does not require the Plan to provide increased benefits and odes not require the payment of any benefits to the Alternate Payee which are required to be paid to another alternate payee under any other order previously determined to be a qualified ., ,\ \:[\\ J, , .' '"-,\,.. ,v:~;{ ,,':...\:-~.\\ \ -'" . . domestic relations order. 7, This Court shall retain jurisdiction to amend this order only for purposes of establishing or maintaining its qualification as a qualified domestic relations order and to make such orders as it deems necessary to provide the Alternate Payee wiht all the benefits to which he/she is entitled hereunder; provided that no amendment of this order shall require the Plan to provide any type or form of benefit or any option not otherwise provided under the Plan. IT IS SO ORDERED {//~ t../;u /01 - C!ofd:.s m:,,;(Ln( --1-0 4Ny, /HE-Y:~~ ~4I-fyKb~ - ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SHEILA L, HOCK. NO, 99-1890 CIVIL TERM _feY: X Plaintiff vs, GLENN L, HOCK, Defendant DOMESTIC RELATIONS ORDER STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, the above-referenced divorce action was filed in this Court pursuant to the Pennsylvania Divorce Code, 23 Pa, Cons, Stat. 3101 et seq" between, Glenn L. Hock. hereinafter referred to as the "Participant," and. Sheila L. Hock, hereinafter referred to as the "Alternate payee"; WHEREAS, the Participant's current and last known mailing address is 413 Kauffman Street, Boiling Springs, PA 17007. and his Social Security number is 210-56- 7844, WHEREAS, the Alternate Payee's current and last known mailing address is 227 Meals Drive, Carlisle, PA 17013, and her Social Security number is 160-52-6643, WHEREAS, the Participant is employed by Tyco International (US) Inc participant in the 401(k) Employee Savings and Trift Plan, hereinafter referred to as the "Plan"; WHEREAS, the Plan Administrator is Tyco International (US) Inc, Plan No, 091357 Page I of 4 Vanguard (account and or Fidelity Fund Account), WHEREAS, the Participant and the Altemate payee have agreed to the division of marital property, which agreement provides for the entry of a Qualified Domestic Relations Order pursuant to Section 4l4(P) of the Internal Revenue Code, as amended, to provide for the division and disposition of a portion of the Participant's benefits under the Plan and to grant to the Alternate payee rights to such benefits in such amount and on the terms and conditions prescribed in this Order and in the Plan; and WHEREAS, this assignment of benefits does not require the Plan to provide any type of or form of benefit, or any option, not otherwise provide under the Plan as determined under Section 414(p) of the Internal Revenue Code; this assignment does not require the Plan to provide increased benefits (determined on the basis of actuarial value); and this assignment does not require the Plan to provide benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified, domestic relations order. 1. Amount of Benefits. The Alternate Payee is awarded from the Participant's accrued benefit under the Plan, the sum of $10,300,00, 2. Time and Manner of Payment. Immediately upon approval by the Plan Administrator of the qualified status of this Order, the amount referenced in Section I herein shall be transterred to the alternate payee, Page 2 fo 4 3. Liability for Income Taxes. The Alternate payee shall be solely responsible for, and bear the burden of, all federal, state and local income taxes, if any, due and payable with respect to her distribution, and the Alternate payee shall exonerate, indemnify and hold harmless the Participant from any resulting liabilities, including, but not limited to, any federal, state and local income taxes, penalties, fines, interest and/or taxes of any nature, 4, Alternate Payee as Surviving Spouse, Until the Alternate Payee receives her distribution, she shall be treated under the Plan as the surviving spouse of the Participant only to the extent of the amount set forth in Section I herein, The Participant shall make no election inconsistent with this Order concerning benefits provided to the Alternate Payee under this Order and the Plan Administrator shall not recognize any election or beneficiary designation by the participant inconsistent herewith, The death benefit payable to the Alternate payee as the Participant's surviving spouse upon Participant's death, if any, shall be payable only to the extent of the Alternate payeels entitlement to benefits as provided in Section I herein, The Plan Administrator shall not take any action which will cause any amount due to the Altemate Payee or her beneficiary to be paid to any other person or entity under any circumstances, 5, Participant as Guarantor, To the extent of the dollar amount due Alternate payee pursuant to this Order, the Participant shall be the guarantor of all representations, warranties and obligations recited in this Order, and she shall personally liable to the Alternate Payee for any deficiency or adverse consequence that may arise out of the failure of any representation or warranty to be Page 3 of 4 " " I , 1 , Ul -r:-r: 2: r.l2: 0 ~2: H "'r.l 0: f<. E-< f<.E-< '" ~ f<. 2: O-r: Z :;::0 H -r: ..:I J - o "'P::Ct: E-< 0 ><~ :;::><~O Z 2: 0:0: ~ i~1 :;::E-<E-< H r.l E-< 02: Ul -r: f<. 2:U UO..:l2: ~ r.l r.lH OHO '" 0 E-< f<.U>H . O:Ul ) ~~- o HE-< :0<: . O~ OU-r: U :0<: f<.:;:: ~l!gi E-<2: ..:I 0 U 0 t>:-r:o~ :I: 0 2:0 0..:1"'0: :I: 0 o 0: CO , HO Ur.l_U ~ . E-<~ III I H ..:I -r:H r.l:;::"'E-< -r: ..:I ~. :I:O"'Ul ~ 2: ::>Ht>: E-<U ~ H 2: "'..:I~ .:;:: r.l r.l H-r:O Zf<.OO :I: III ..:I E-<OO: H02:0 Ul > l? UlOlO . ,,', <,:...1;' (;j