HomeMy WebLinkAbout99-01890
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: IN THE COURT OF COMMON PLEAS I
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: STATE OF ~ PENNA.
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. SHEILA .L.HOCK,
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PLAINTIFF
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GLENN L. HOCK,
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DEFENDANT.
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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;
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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
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.......
,
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
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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
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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,
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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
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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
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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
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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
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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:~~
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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
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