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COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL- '
COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT t
DISTRICT JUSTICE JUDGMENT
Cumberland County
COMMON PLEAS No. Q a _ IN fI -0
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an oppea_Lfrpm the judgment rendered by the District Justice
on the date and in the case mentioned below.
09-1-02
Robert A
CVLT19 4-99
TA 19
1 C? ?! W-
LT 19
This block will be signed ONLY when this notation is required under Pa. R.? P.J? If appe -ant was CLAIM T (s Pa. R.C.P.J.P.
No. 10088. ?J
This Notice of Appeal, when received by the District Justice, will operate as a No. 1001(6) In action before District Justice,
SUPERSEDEAS to the judgment for possession in this case. he MUST FILE A COMPLAINT within twenty (20)
signature of Prothonotary or Deputy days after filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa. R. C. P.J. P. No. 100If7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
. Enter rule upon Pmeol w A Anpper , appellee(s), to file a complaint in this appeal
Name of appelleMsl
(Common Pleas No. ) within twenty (20) days after s ice of r €35 suffer e f
j ment of non pros.
V Signature of appellant o h' romey or agent
RULE: Topnme1aA ADpp r of , oppellee(s). .TO n J. Co nelly, , Eequ
Name appalleMSJ
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The dote of service of this rule if service was by mail is the dote of mailing.
Date:.?9_de.ni OA /mom
?? &gna ure f Pr onotary or Deputy
COURT FILE
AOPC 71790
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED V/ITNIN FIVE (5) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COEMSONWMTN OF PENNSYLVANIA
COLWMOF Dauphin
AFFIDAVIT: I hereby swear or offirm that I served
RR a copy of the Notice of Appeal, Conunon Pleas No._9975972upon the District Justice designated therein on
(date of service) September 291_, 1999 I-] h,y per,anol ser.,ice XM by (cer ifled) (registered) mall, sender's
receipt attached hereto, and upon me appelleo, (name)- pamela A. Hopper , on
September 29, 19 99 jM by personal service n by (c.-,@ied) (registered) mail, senders receipt offoched hereto.
Ka and further that I served the Rule to File u Complaint a?compvmying the above Notice of Appeal upon the oppellse(s) to
whom the Rule wasaddressed on _September 29r___ 1y 99 A by personal service El by(cerfified)(registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ( r
THIS 29th DAY OF September _ 1999_
tenem
Spire ? aflk191 oolore w ? Opvrrr?wnr, rnarLr ---
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7ttla al of ktnl
Novembe
My commission er.pires on... __r_ 29___.., I999
IJOTARIAL SEAL
J_°AN L. KOGIER, NoNry Public
F2_---. Cin• cl l1.-11Mturg, Dauphin County
Cnrar,i ;., Fspir-- Flov: n, lgag
v
PAMELA A. HOPPER,
Plaintiff/Appellee
V.
ANDREW A. HOPPER,
Defendant/Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION
LAP!
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
AND NOW, this 29" day of ?iip 1999 personally appeared before me,
a Notary Public in and for the State and County aforementioned, John R. Zimmerman, being duly
swom according to law, deposes and says that a copy of the Notice of Appeal from District Justice
Judgment in the above captioned action was personally served on the Plaintiff/Appellee, Pamela A.
%M
Hopper, on September 1p 1999, at
Z -S S o'clock _e.m. at 4166 Nantucket
Drive, Mechanicsburg, Pennsylvania.
Sworn to and Subscribed to
before me this day
of 1999.
N ary Pub Ic
NOTARIAL SEAL
JEAN L. KOSIE 1. Notary Public
?'ry of Hardsburg, Dauphin Counry
:.ommission Expiras NOV. 29, .ty
4JZL_nan (?
Z 448 660 801 1
US Postal Service ?l L(-
Receipt for Certified Mail
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Do not use for Intamatinnal uan ic.. -m,
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Spodal Delivery Fee
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:OMMOF(PPRss:.V OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
Cumberland County
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 99 _?7q
?
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the dale and in the case mentioned below.
09-1-02
Robert A
CV-0000244-99
TA 19 V
LT 19
This block will be signed ONLY when this notation is required under Pa. R. .P.J. rdays ant was CLAIM T (Se Pa. R .C.P.J.P.
No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a 1(6) in action before District Justice,
SUPERSEDFAS to the judgment for possession in this case. T FILE A COMPLAINT within twenty (20)
Signature or Prothonotary or Deputy r tiling his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule
appellee(s), to file a complaint in this appeal
(Common Pleas No. Lr I I. t L ) within twenty (20) days after so ice of ru fBr, suffer en ®ry ju ?' ment of non pros.
USignature or appellant o el r trey or agent
RULE: To Pampla A 11npp er appellee(s). Jo n J. Co nelly, Jr. Esqu
Name or apps/lee(s)
(I ) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the data of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The dale of service of this rule if service was by moil is the date of moiling. /
Dole: _, 19hiy/-L_• Ignafure IPr nonotary or Deputy
COURT FILE TO BE FILED WITH PROTHONOTARY
AOPC 312.80
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED Wl THIN FIVE (,) DAYS AF ; Ef; Idrrg the notice of appeal. Check applicable boxes)
COMNIONWEAL7H OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT: I hereby swear or affirm that I s• rved
? a copy of the Notice of App,-,I, Commtm PLst; Nr, ___ upon the District Justice designated therein on
(date of 50rviCe)_______, 19___, ! fw i..-:,Sw of srn.ice ? by (certified) (registered) mail, sender's
receipt attached hereto, and ,port tho app,dteo, (name)__.____ on
. 19-[_ by per:onol so, e El by (cenified) (registered) mail, sender's receipt attached hereto.
? and further Ihut i served the Rule to File u Ccnnploint ocPAnpnnying the above Notice of Appeal upon the appollee(s) to
whom the Rule was addressed on 19._-. ? by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 19__ __
sprr.e a emenr
Slpnefuns0f Oelals/ before whom .dhoavn was m;afc
7008 of 0111i
My commission expires on , 19
l?
9 9 -,0'7,? Owl L
COMMONWEALTH OF PENNSYLVANIA
?UUN I Y UI-: ? vm zA"°^'L
W4 ?ni. Na..
09-1-02
wC Mon.
ROBERT V. MANLOVE
1901 STATE STREET
CAMP HILL, PA
-,nnom (717) 761-0583 17011-0000
ROBERT A. HOPPER
257 N 24TH STREET
CAMP HILL, PA 17011
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
MAMe AW A00AESS _
'HOPPER, PAMELA A
4166 NANTUCKET DRIVE
MECHANICSBURG, PA 17055
L _
VS.
DEFENDANT: 0 Ea A00BE55
'HOPPER, ROBERT A
257 N 24TH STREET
CAMP HILL, PA 17011
L
F etNo.: CV-0000244 99
Filed: 7/14/99
THIS IS TO NOTIFY YOU THAT.
Judgment: ?OR PT,ATT7TTFF
® Judgment was entered for: (Name) HapPFR DANgT A A
[-x j Judgment was entered against: (Name) gOPPFF ROAFRT A
in the amount of S n 1 n7 97, on:
Defendants are jointly and severally liable.
Damages will be assessed on:
This case dismissed without prejudice.
E Amount of Judgment Subject to
! Attachment/Act 5 of 1996 S
7 Levy is stayed for days or ? generally stayed.
? Objection to levy has been filed and hearing will be held:
(Date of Judgment) 9 /19 /9q
(Date & Time)
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS
OF APPEAL WITH THE PROTHONOTARY/CLERK O7HEC
MUST INCLUDE A COPY OF T I NOTICE OF JUDGMENT/1
G?/lo/CCi Da -!
I ce that this is a true and.GOrrecCcop? ^
r;Y Date -a' . •^ 1?i? G
My commission expires first Monday of January
AOPC 315.99
R THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF COMMON PLEAS, CIVIL DIVISION. YOU
CRIPT FORM WITH YOUR NOTICE OF APPEAL.
District Justice
it the proceedings containing the judgment.
, District Justice
2000 SEAL
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
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Court of Common Pleas
Pamela A. Hopper, 4166 Nantucket
Drive, Camp Hill, PA 17011,
Appellee,
Case No.: No. CV-0000022444-99
qq- `? ` V UL
COMPLAINT
VS.
Robert A. Hopper, 257 North 24th
Street, Camp Hill, PA 17011,
Appellant
Dated this 18t° day of October, 1999
laintiff resides at 4166 Nantucket Drive, Mechanicsburg, PA 17055
Laintiff resided at 139D North 21" Street, Camp Hill, PA 17011 until August
2, 1999.
Laintiff filed the complaint while residing at the Camp Hill address, on
ily 14, 1999.
afendant resides at 257 North 24th Street, Camp Hill, PA 17011
Summary of Complaint - 1
I Plaintiff filed the first complaint, # CV-0000244-99, due to an installment
2 agreement contract breach on an accumulation of back installment payments
3 owed on a monetary divorce settlement. Defendant cross filed. Judgement was
4 entered for Plaintiff, and maximum award, plus court costs was awarded.
5
6 Plaintiff and Defendant signed the Divorce property settlement on October 81
7 1998. An addemdum was signed on October 15, 1998. Copies of those two
8 documents accompany this complaint.
9
10 Defendant agreed to pay the settlement amount in 18 installments, and an
11 additional lump sum to be paid on 4 specific dates in the 2 years to follow
12 the divorce settlement signing.
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14 Defendant further agreed to pay the balance of the car lease that is in
15 Plaintiff's name, driven by their daughter who lives and goes to college in
16 Gaithersburg MD.
17
18 Defendant also stopped paying on the car lease.
19
20 Plaintiff received many emails over the months in which the accumulated
21 payments became past due. These emails indicated various attitudes about the
22 payments ranging from remorse about not paying, telling plaintiff to 'get in
23 line', and towards the end, his refusal to pay this debt.
24
25 Plaintiff's financial settlement with the defendant included giving the house
and it's contents to the husband, and the payments could be called 'alimony'
Summary of Complaint - 2
1 so that the Defendant could use them as a deduction on his 1998 income tax
2 return. In essence, the total due plaintiff, was allowed to be split up into
3 manageable payments, so that defendant could work them into his budget.
4
5 Plaintiff works as a self employed interior designer. Due to estranged
6 husbands' lack of timely payments, and continued refusal to pay, Plantiff has
7 closed her shop, and moved her business back into her home. Plaintiff also
8 struggles to pay her living expenses, run her business efficiently, and
9 therefore, pays high finance charges, late payment fees, and other types of
10 penalties for late payments due to the strained financial circumstances.
11
12 Plaintiff willing volunteered to pay payments on the college loan item in the
13 settlement agreement. Because the defendant was, at the time, in arears to
14 her for over $5,000.00 plaintiff offered to pey $5 per week, or $20.00 per
15 month. Defendant would not accept this arrangement.
16
17 Plaintiff's sister has been late on the Ford Explorer payments to the bank
18 for the loan that plaintiff and defendant are both co-signers. The item in
19 the settlement addundum which addresses this item, says that defendant will
20 have the right to take any payments out of plaintiff's installment payment
21 that he actually pays on behalf of plaintiff's sister, if she defaults and he
22 is required to do so. Plaintiff's sister has been late, on occasions,
23 however, she has never been found in default. Plaintiff's sister also
24 supports their ill father, who is unemployed, and has no medical insurance.
25 Plaintiff's sister does not maliciously pay her Ford Explorer payment late.
Summary of Complaint - 3
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IPlaintiff's sister may pay it late if there is critical medication their
Ifather is needing, for his severe heart and diabetes issues.
(Plaintiff wishes to address the 'vacations' that the defendant uses in
cross filing:
Boca Raton Florida 12/21/98-12/23/98. (Defendant notes Plaintiff left
on the 19th which is incorrect) Plaintiff traveled at the expense of the mar
she was dating at the time; he paid for the airfare, and for the lodging,
entertainment and meals. Plaintiff left on a Tuesday morning, and returnec
the evening of the Thursday 23`d. This was the first pleasure trip Plaintiff
had taken since August of 1997.
New York City 2/13/99-2/14/99 (Defendant notes Plaintiff too
this trip on 3/12-1/14/99, this is incorrect). Plaintiff traveled to New Yor.
City on Saturday morning, of Valentines weekend, at the expense of the mai
Plaintiff is dating, returning early in the evening of Valentines Day
February 14. The transportation, lodging, meals and entertainment were pair
for by Plaintiff's companion. This was a Valentines Day gift to Plaintiff.
Washington DC. 315199 -317199 (Defendant note Plaintiff t
this trip on 4/2-4/4-99). Plaintiff left in the late evening of Friday Ma
5, and returned in the mid afternoon of Sunday March 7. Plaintiff paid
the lodging, meals and entertainment, and transportation as a birthday g
for the man Plaintiff is dating.
Stone Harbor NJ 418199-4110199 (Defendant didn't mention t
weekend). Plaintiff left very late on a Friday evening, and returned
afternoon on Sunday afternoon. Plaintiff stayed at a friends house at
charge, and the transportation, and meals were paid for me by the
Plaintiff is dating.
Oak Island NC. 5115199- 5122199 Plaintiff traveled on f
'week' vacation since August of 1997 . Plaintiff paid for the rental of
lodging, at off season rates. The transportation, food, and entertainment
the entire week were paid for by the man Plaintiff is dating.
Philadelphia 6125199-6127199 Plaintiff traveled late in the
afternoon to a roller blading festival, called the Freedom Skate. Plaintiff
returned in the early evening of Sunday, the 27. The transportation,
Summary of Complaint - 4
I lodging, meals, and entry fees were paid by the man Plaintiff is dating. Th
circumstances for paying a sitter for Plaintiff's daughter occurred becaus
2 Defendant agreed on Friday the 18th to trade weekends with Plaintiff , so tha
Plaintiff could attend. The reservations, and entry fees were paid i.
3 advance by the man Plaintiff is dating on that day. on Monday, the 21't
Plaintiff received an email from Defendant that he had changed his mind, an,
q refused to switch weekends with Plaintiff. Plaintiff felt an obligation t
go, and Plaintiff wanted to go, hence Plaintiff contacted a friend why
5 agreed to keep their daughter, and, Plaintiff did pay her for her services.
6
7 California 718199-7112199 Plaintiff traveled very late in th(
evening on Thursday the 8th with their daughter Andrea, to an airport hote:
in Philadelphia. We took a very early morning flight to LA to attend thi
8 wedding of Plaintiff's favorite cousin. Plaintiff used this opportunity t(
combine a trip Plaintiff felt necessary, and a getaway for myself and m,
9 daughter only to spend some time together. Plaintiff was fortunate enough t(
get very 'cheap' airline tickets through priceline.com, and a very reduce(
10 room rate at the hotel that the wedding was held at. All of our evenin(
meals were paid for by Plaintiff's relatives, in the form of group banquets,
11 and Plaintiff did pay for the lodging, airfare, and other meals, an(
sundries. Plaintiff returned on Monday morning. The wedding was held or
12 Sunday evening.
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19 Plaintiff argues that most of the travel was at someone else's expense,
and mostly on weekends. Plaintiff works 5-7 days a week, holidays, weekends,
15 the middle of the night. When you are self employed, no time is time off.
And Plaintiff wishes to point out that her business is in my home, she car
16 never 'get away' from it. Plaintiff is of the opinion that she deserves ar
occasional weekend away from work.
17
10 Plaintiff wishes to ask the court to uphold the judgement in her favor, and
19 to look kindly on the appeal she has filed on the second civil complaint,
20 #279-99.
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22 Defendant has attempted to force plaintiff into accepting a $1578.00 that
23 would completely satisfy his debt, in his mind. A copy of the check and the
29 letter are attached. Plaintiff finds this unacceptable, and has not cashed
25 the check.
Summary of Complaint - 5
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(Defendant owes even more money now, and a copy of the spreadsheet that
Plaintiff sends to him as a reminder each month are attached.
Defendant makes no effort to pay, and Plaintiff wishes to place a lean
against the home he is selling, before his sale is made and settlement goes
through, leaving Plaintiff no options for collecting.
Plaintiff wishes to thank the court in advance for the amateur nature of this
complaint. Great care was taken to present it in a correct, and concise
manner, and it is submitted with respect for the legal system of Cumberland
County.
6 enclosures are submitted with this complaint: The summary of payments in
arrears, The Property Settlement, and The Addendum to the Property
Settlement, the statement from the Volkswagen Credit Corp regarding the Jetta
payments, and the letter, and copy of the check Defendant sent to Plaintiff.
ioiio(gq
Plaintiff cannot afford
legal services, and is
representing herself in
this matter
Summary of Complaint - 6
vw Credit Inc 5/6/99 3:22: PAUt cic naa,lL, nn
?anewq
(
Auburn Hills, N1I
(Phone) 1-877-557.6824
TO: Jeff. Prepared by: JeffCattaneo
DEALER: 406526 Cumberland Valley Motors Date: 516199
49 HOUR PURCHASE QUOTE FOR: Lease Acct. No: 103719981 Maturity. 06/15/1999
Customer Name: PamelaAHopper
Vehicle: 3 VWRCS 1H3 SM071997
Purchase Price 57,675.10
Outstanding Balance + $?SJ a ?L?iU'??
Late Fees
Unearned Rent Charge 5206
• TOTAL PAYOFF DUE 58,5.31
. IMPORTANT !!! : ODOMETER STATEMENT MUST 8RECEIVED TO PROCESS TITLE.
• NOTE: A Security Deposit of $250.00 may be applied to the TOTAL PAYOFF above ONLY if you
provide us with a letter of authorization from the lease customer.
OND C rY TO:
Mau: VolhWagenCredit Express: Volkswagen Credit DO NOTMAIL CHECX
Deparrutc t #119601 ComaicaBank-MC:7539 70 ZWNOZ OFFICE11
P. O. Box 61000 Ann: WholesaleLockbox01296
DcW4 Ml 48267-1296 39200 West Six Mile Road
Livonia, NO 48152.1296
AGRTE,NIM TO PURCHASE: (?nt he received'n A rhere Kilts by 05/10199) or this vehicle WnJJ
BE ASSIGNED TO AUCTION!
We ages to purchase this vehicle from Volkmwagen Credit.
Signature of Dealer or Authorizing Agent: Date:
for 406526 Cumberland Valley Moton
•If this agreement to purchase is NOT RECEIVED by us by 05/10199• the auction will be directed to PICK UP THE VEHICLE Tfl
you roquat us to canoe! that pick-up. you will be charged a cancellation fee of $50 and if pick-up was alt mpte4 actual wet for dry-
run trampoatatioa
METHOD OF PAYMENT (Please check one):
0 We request the vehicle listed above be placed on Brat Hat (Auction) Vehicle Floor Plan and in consideration thereof;
hereby goat to Volkawagem Credit a security lraercst in such veNcle and thne proceeds thered all under the term tithe Master
Swift Ageemeat betweas Volkswagen Credit and the dealer Identified above.
-I-- -I ..: _-.. Ate.. A ,F. Aare of tMr mote
• NON V W/AUDI DEALERS ONLI': Checks that are not certified or bank issued will be held for 14 days
in order for your dealership check to clear our bank. (Title will not be released for 14 days.)
""""•"•""" FAX THIS AGREEMENT TO 1-800-824-8284 BY 05/10/99 "•"•""•"'"
Addendum to Property Settlement
I, Robert A. Hopper agree to pay Pamela A. Hopper $1,500 per month alimony
for the period of twelve (12) months starting on the V day of the month following
the property refinancing settlement date. I will pay this amount in the following
manner. On the 1° of each month, $1,000 to be followed by $500 on the 15ih of each
month.
I further agree to pay Pamela A. Hopper the sum of $10,000 in four (4)
installments of $2,500, on or before the following dates: 1/30/99, 7/30/99, 1/30/00 &
7/30/00. In addition, I am the cosigner on the lease for Pamela A. Hopper's Ford
Explorer and a car loan of Sally Giffin Jefferies, Pamela's sister. Any payments
required by me, to keep these obligations current, will be deducted from the next
scheduled installment.
Commonwealth of Pennsylvania
SS.
County of Dauphin
On the 15th day of October, 1998, before me, a Notary Public, personally
appeared Robert A. Hopper & Pamela A. Hopper known to me to be the persons
whose names are subscribed to the above Addendum to Property Settlement
Agreement and acknowledged they executed the same for the purposes therein
contained.
11 WITNESS WHERE OF, I hereunto my hand and official.
?.7ifill.
NOTARY PUBLIC
r
r' T, r ] A
Robert A. Hopper
A/Aw?"-,?-
Pamela A. Hopper
Notanal Seal
Jan S. Warren. Notary Public
Harrisburg, Dauphin County
My Commission E:rpires Jan. 24, 2000
CONFIDENTIAL
TD °l ! '.I - '•.L LAW OFFICE
YOU, AMC HERBY NOTIFIED TO PLEAD T '
THE ENCLOSED . , I ,"THIN JAMES, SMTCH Dt1RKIN &
I ,
TWer L2TO DAYS OF SERWCE HEII[OF ONE
'A D[IAU JU DGN ENT NAY ¦E ENTERED I '
AGAINST YOU. P. O. BOX 650
EY II
I ,wnDEEEr - HERSHEY, PENNSYLVANIA P
• W[ HERESY CERTIFY THAT THE WITHIN IS
-ONNELLY I0^ TRUE AND CORRECT COPY W THE
OEIOINAL FILED IN THIS ACTION.
'; j5 !. wnwHln
33-0650:
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this .? day of C?rDT 1998,
by and between ROBERT A. HOPPER, hereinafter called "Husband", and PAMELA A.
HOPPER, hereinafter called "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were legally married on December 14, 1985;
WHEREAS, one child was born of this marriage, Andrea L. Hopper, date of birth
July 28, 1986;
WHEREAS, differences have arisen between Husband and Wife in consequence
of which they desire to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations.
NOW THEREFORE, in consideration of the premises and covenants contained
herein, it is agreed by and between the parties hereto that:
1. SEPARATION.
It shall be lawful for each party at all times hereafter to live separate and apart
from each other at such place as he or she from time to time shall choose or deem fit.
The foregoing provision shall not be taken as an admission on the part of either party
of the lawfulness or unlawfulness of the causes leading to their living apart.
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of ?dQ 1998,
by and between ROBERT A. HOPPER, hereinafter called "Husband", and PAMELA A.
HOPPER, hereinafter called "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were legally married on December 14, 1985;
WHEREAS, one child was born of this marriage, Andrea L. Hopper, date of birth
July 28, 1986;
WHEREAS, differences have arisen between Husband and Wife in consequence
of which they desire to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations.
NOW THEREFORE, in consideration of the premises and covenants contained
herein, it is agreed by and between the parties hereto that:
1. SEPARATION.
It shall be lawful for each party at all times hereafter to live separate and apart
from each other at such place as he or she from time to time shall choose or deem fit.
The foregoing provision shall not be taken as an admission on the part of either party
of the lawfulness or unlawfulness of the causes leading to their living apart.
2. INTERFERENCES.
Each party shall be free from interference, authority and control by the other,
as fully as if he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall molest or attempt to
endeavor to molest the other, or in any way harass or malign the other, nor in any
other way interfere with the peaceful existence, separate and apart from the other.
Each of the parties hereto completely understands and agrees that neither shall
do or say anything to the child of the parties at any time which might in any way
influence the child adversely against the other party.
3. DIVISION OF REAL PROPERTY.
Wife agrees to transfer all her right, title and interest in and to the real estate
situated at 257 North 24th Street, Camp Hill, Cumberland County, Pennsylvania, now
titled in the name of Husband and Wife as tenants by the entireties to the Husband
and agrees to immediately execute now or in the future any and all deeds, documents,
or papers necessary to effect such transfer of title upon request. Wife further
acknowledges that she has no claim, right, interest, or title whatsoever in said
property in the future. Said transfer shall be effective immediately and shall be binding
regardless of the marital status of the parties. Husband agrees to indemnify and hold
Wife harmless on any liens of record against the said property and shall
immediately take steps io refinance the property removing Wife's name from the
existing liens of record.
4. EQUITABLE DISTRIBUTION.
Husband will pay to Wife, in the form of equitable distribution, the sum of
$25,000.00. Said sum shall be paid to Wife at the time of refinancing.
5. FEDERAL INCOME TAX RETURN.
The parties agree that they shall file a joint 1997 Federal income tax return and
Husband shall pay all tax liabilities due at the time of refinancing.
6. MOTOR VEHICLES.
Husband agrees that he shall pay the balance on the lease payments on Wife's
1996 Volkswagon Jetta, payable to VW Credit Corporation until the loan is paid in
full. The said payments are $229.00 per month with approximately seven (7) months
remaining on the lease.
Husband shall pay all car insurance relating to the 1996 Ford Explorer and the
1996 Volkswagon Jetta.
Wife shall make all lease payments relating to the 1996 Ford Explorer.
7. HEALTH INSURANCE.
Husband agrees to supply the parties' minor child with health insurance as it
presently exists and shall continue to carry Wife on the said policy until the finalization
of a divorce action.
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8. DEBT.
Husband shall pay off the following debts at the time of the refinancing of the
primary residence:
1. Pennsylvania State Bank Mastercard with an approximate balance of
$2,535.00; and
2. Three (3) lines of credit with Pennsylvania State Bank, account
numbers 700333801 with an approximate balance of $14,970.00,
500389279 with an approximate balance of $2,311.00, and 500389201
with an approximate balance of $10,686.00.
Husband shall be solely responsible for the Sears Plus account with an
approximate balance of $1,303.00 and the Sears Regular account with an
approximate balance of $1,113.00, which are in Husband's name individually, but will
not be paid off at the time of refinancing.
Andrea's college trust with an approximate balance of $9,000.00, will also be
the responsibility of Husband.
All further debts incurred by the parties shall be their individual responsibility.
9. SCHOOL LOANS.
The parties' daughter, Stacie, has three (3) Plus loans as follows:
1. Plus loan #1, Ithaca, $13,918.00 (PHEAA);
2. Plus loan #2, UMD, $15,705.00 (Star Bank); and
3. Plus loan #3, UMD, $7,853.00 (Fannie Mae).
4
Husband agrees that he shall continue to make payments on the said loans.
Wife agrees that she will be responsible for fifty (50%) percent of the said loans and
will either contribute to the loans or reimburse Husband as she is financially able.
10. DIVISION OF PERSONAL PROPERTY.
The parties have divided between them to their mutual satisfaction, personal
effects, household goods and furnishings and all other articles of personal property
which have heretofore been used in common by them, and neither party will make any
claim to any such items which are now in the possession or under the control of the
other. Should it become necessary, each party agrees to sign any title or documents
necessary to give effect to this paragraph, upon request.
11. TAX ON PROPERTY DIVISION.
Husband hereby agrees to pay all income taxes assessed against him, if any,
as a result of the division of the property of the parties hereunder. Wife hereby agrees
to pay all income taxes assessed against her, if any, as a result of the division of the
property of the parties hereunder.
12. BREACH.
If either party breaches any provision of this Agreement, the other party shall
have the right, at his or her election, to sue for damages for such breach. The party
breaching this contract shall be responsible for the payment of legal fees and costs
5
Incurred by the other in enforcing his or her rights under this Agreement, or seeking
such other remedy or relief as may be available to him or her.
13. FULL DISCLOSURE.
Husband and Wife each represent and warrant to the other that he or she has
made a full and complete disclosure to the other of all assets of any nature
whatsoever in which such party of every type whatsoever and all other facts relating
to the subject matter of this Agreement.
14. ADDITIONAL INSTRUMENT.
Each of the parties shall on demand execute and deliver to the other any deeds,
bills of sale, assignment, consents to change of beneficiary on insurance policies, tax
returns and other documents and do or caused to be done any other act or thing that
may be necessary or desirable to the provisions and purposes of this Agreement. If
either party fails on demand to comply with this provision, that party shall pay to the
other all attorneys' fees, costs and other expenses reasonable incurred as a result of
such failure.
15. WIFE'S DEBTS.
Wife represents and warrants to Husband that since the parties' separation she
has not and in the future she will not contract or incur any debt or liability for which
Husband or his estate might be responsible and shall indemnify and save Husband
6
harmless from any and all claims or demands made against him by reason of debts or
obligations incurred by her.
16. HUSBAND'S DEBTS.
Husband represents and warrants to Wife that since the parties' separation he
has not and in the future he will not contract or incur any debt or liability for which
Wife or her estate might be responsible and shall indemnify and save Wife harmless
from any and all claims or demands made against her by reason of debts or obligations
incurred by him.
17. WAIVERS OF CLAIMS AGAINST ESTATES.
Except as herein otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relinquishes any and all rights
he or she may now have or hereafter acquire, under the present or future laws of any
jurisdiction, to share in the property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtsy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and
right to act as administrator or executor of the other's estate, and each will, to the
request of the other, execute, acknowledge, and deliver any and all instruments which
may be necessary or advisable to carry into effect this mutual waiver and
relinquishment of all such interests, rights and claims.
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18. REPRESENTATION.
i
It is recognized by the parties hereto that Robert A. Hopper is represented by,
I
John J. Connelly, Jr., Esquire, and Pamela A. Hopper is represented by Ann V. Levin,
Esquire. It is fully understood and agreed that by the signing of this Agreement, each
party understands the legal impact of this Agreement and further acknowledges that
the Agreement is fair and reasonable and each party intends to be legally bound by the
terms hereof.
19. VQLUNTARy EXECUTION,
The provisions of this Agreement are fully understood by both parties and each
party acknowledges that this Agreement is fair and equitable, that it is being entered
into voluntarily and that it is not the result of any duress or undue influence.
20. ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties and there are
no representations, warranties, covenants or undertakings other than those expressly
set forth herein.
21. PRIOR A +REEMENT
It is understood and agreed that any and all property settlement agreements
which may or have been executed prior to the date and dme of this Agreement are
null and void and of no effect.
8
22. MODIFICATION AND WAIVER.
Any modification or waiver of any provision of this Agreement shall be effective
only if made in writing and executed with the same formality as this Agreement. The
failure of either party to insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same
or similar nature.
23. GOVERNING LAW.
This Agreement shall be governed by and shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania.
24. INDEPENDENT SEPARATE COVENANTS.
It is specifically understood and agreed by and between the parties hereto that
each paragraph hereof shall be deemed to be a separate and independent covenant
and agreement.
25. VOID CLAUSES.
If any term, condition, clause, or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full force, effect and operation.
9
26. ENTRY AS PART OF DECREE.
It is the intention of the parties that this Agreement shall survive any action for
divorce which may be instituted or prosecuted by either party and no order, judgement
or decree of divorce, temporary, final or permanent, shall affect or modify the financial
terms of this Agreement. This Agreement shall be made a part of, but shall not merge
with, any such judgment or decree of final divorce.
27. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF
PENNSYLVANIA.
Except as specifically provided in this Agreement, each party waives any claim
they may have against the other under the Domestic Relations Code of the
Commonwealth of Pennsylvania including, but not limited to, alimony, alimony
pendente lite, counsel fees, costs and equitable distribution of marital property.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals the day and year first above written.
WITNESS:
Robert A. Hopper
10
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
On this, the --L day of 6-6Q , 1998, before me, a Notary
Public, personally appeared Robert A. Hopper, known to me to be the person whose
name is subscribed to the within Property Settlement Agreement and acknowledged
that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
i` Notarial Seal
t Jan S. Warren. Notary Public
Harrisburg. Dauphin County OTARY PUBLIC
My Commisaltln Eyplrg, dmr. •I. ?000
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
On this, the J- day of WO - _, 1998, before me, a Notary
Public, personally appeared Pamela A. Hopper, known to me to be the person whose
name is subscribed to the within Property Settlement Agreement and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notarial Seal
Jan S. Warrun• Notary Public
Harrisburg, Dauphin Couw dy
My Commisslan E?pirn?J.or`a
PUBLIC
Pamela A. Hopper
139D N. 21" Street
Camp Hill, PA 17011
July 15, 1999
Pam,
After much thought about the tone of your a-mails and voice messages of the
last several months, I believe that it is mandatory that we make closure on
our financial issues, once and for all. As in our marriage, we seldom agree
on anything, other than the well being of our children. This will enable us
both to move on with our lives, unencumbered with luggage of our past life
together.
The settlement agreement states that you will either pay 50% of the
payments for Stacie's school loans or repay me when your cash flow
permits. Since your cash flow has been adequate enough to take off work
and vacation in; Boca Raton Florida (12/19-12/23/98), New York City
(3/12-3/14/99), Washington DC (4/24/4/99), Oak Island (5/15-5/22/99),
Philadelphia (6/25-6/27/99- plus pay a babysitter for Andrea) and California
(7/8-7/12/99). Business must be better than you indicate, and I doubt
whether you have any intention of repaying me. This is not an issue of who
is paying the bulk of the expenses, just time away front your place of
business, earning money. I have not been away from my place of work
since August of last year. Like you, I cannot earn money, if I'm out of town.
In addition, I am still a cosigner on the note for your sister's?c9r, which is
approximately $14,000. I was promised that this would be refinanced within
30 days of our settlement agreement. It was not. This concerns me, since I
have received two late payment notices in the last three months.
As we discussed in late may, attached you will find a summary of my
liabilities to you VS your liabilities to me. As you can see, the net amount I
owe you is $1,578. Enclosed is a check for that amount. Your depositing of
this check will constitute your agreement with this offer.
I will continue to help you by giving you support for Andrea as long as it
seems necessary. This will be reviewed no less than annually, considering
all pertinent facts.
I will be requesting that my attorney, Mr. John Connelly Esq., prepare the
final divorce documents for our signatures, to be submitted in October.
When we are oftially divorced you will need to find new Health &
Auto insurance. USAA has a subsidiary for this purpose. I hear that the
rates are the most competitive in the non-member market place. Since the
VW is in you name; it will need to be covered by your policy as well. You
can continue your Health & Dental coverage with the "Equitable" group
plan under COBRA, but the price is around $285 a month. I will assist you
in making these changes if possible.
I can continue to cover Stacie's health & dental insurance needs as long as
she is considered a "full time student", until age 25. Then she will need to
get her own coverage.
My attorney has reviewed this letter, and he does not feel that this offer
constitutes any breach of contract, relating to our settlement agreement.
Cordially,
Hopper
CC: Mr. John Connelly, Esq.
RAI Valh
ROBERT A. HOPPER
PH. 717-751.6123
257 N. 24TH STREET
CAMP HILL. PA 17011,7804
4809
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