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COMMONWEALTH OF PENNSYLVANIA
COURT Of COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS NA •? `? _ !? .,,, (r
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Cowl of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the cost mentioned below
M M[YMI
1141. vs P6'e'a'T A. 1i ow??L
$*P"TM OF rr / 1. N
Cv 19 00 o??7 ,r'?/l l
LT 19
This block will be signed ONLY when this notation is required under Pa. R:CPJP. Na If appellant was CLAIMANT (see lea. R.C.P.J.P. No.
10088. '
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) In action Defers DIStrict Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
li filing his NOTICE of APPEAL.
svuhoe fnaraLVy or Deputy
l
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
rT1as section of torn to be used ONLY when appellant was DEFENDANT (see Pa. RC.P.J.P. No. 1001(5) ilia I coon before District Justice.
IF NOT USED, detach train copy of notice of appeal to be served upon appellee). ;
PRAECIPEt To Prothonotary
Enter rule upon
(Common Pleas No
oppellee(s), to file a complaint in this appeal
Name of Fgxv"SI ..? ??
within twenty (20) days after service of rule4 of suffer entry of judgment of non pros.
% It ,
square of rFRWe a In mane" or agent
RULES To , oppetlee 4
Nine of NT'~s)
(1) You pro notified that o 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) H you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing
DON: , 19_.
sgtnn air JRwarmy d DrorM
l ?
AOPC Ju-s. C(uIJLT,F I LE
OF rL D OiFICE
\lOTA9Y
99 QCT 25 PSI 1`43
PROOF OF SERVICE OF N
PPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BF FILED IVI THIN TEN( IJI DAYS AIf Eli blln)f (fit) nohct, of appeal. Check applicable boxes)
COMMONWE{?f}1'7LN OF PENNSYLVANIA
COUNTY ;11111
AFFIDAVIT: I hereby swear or affirm that I served
it COPY of the Notice of Appeal, Common Pleas No upun the Dishict Justice designated therein on
(data of -orvlco) 1-1''t,h? ptwtrson. :ervice ? b [certified) (registered) mall, sender'S
receipt al 1Ch I hen110, and L n the appellee, rn.rnru) f^T - ' - on
to C] by personal sorvrn! Xy (candled) peglsloredl mad, sundor's receipt attachod hereto.
andfurthor that I tovedthe Ruloto Fdoa Cr riplamlascornpanyn Iltnabovo Notice of Appeal upon the appelleo(s)to whom
fl?%? GI!
the Rule was nddresscrl on 13. by personal sr+rvlco 2.] by (corbhedl (repl,larcd)
mail, Sonders receipt allitched hereto
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 0C:.!_OA-"t9_??
Signature ul alhanl
no'n .Io'r.r.,rrn'- w•w•xnd r.rwat i•
1,110 or WI. Jai
hit, ttmrtu>vgn r.p rrv. rr
FNOTARIAL SEAL
JOHN F CCINNOLLY Notary Public
I
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US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
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street a tlamoe'
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IL
COMMONWfALTN OF PENNSYLVANIA NOTICE OF APPEAL
COUNT OF COMMON PLEAS
FROM
11SDICIAL DISTRICT i
DISTRICT JUSTICE JUDGMENT i0-1.%
9
COMMON PLEAS Na 9 9- 6 ,yo L G.u% 7
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
dot* arsd in the case mentioned below
fAMc_? A. NOFpla-P, I fleBt Vn NANwVE
k. Ho
CV194Oo2 aqq-99
LT 19
This black will be signed ONLY when tNs notation is required under Pa R:CPJP. No If Appellant was CLAMANT (see Pa. R.C.P.J.P, Na
100806 1
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in tNs case FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
taro rrraalvy or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of loan to be used ONLY when appellant was DEFENDANT (sae Pa. R.C.P.JP. No 1001(7) in action before District Justice.
fF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPEt To Prothonotary
Enter rule upon , appellee(s), to file a complaint in this appeal
N.me or m e"s)
(Common Pleas No ) witNn twenty (20) days after service of rule or suffer entry of judgment of eon prom
Spnaue Of ,OPee.,'r a re enarey a epee
RULES To , appellse(s).
twee a rrppcesa,l
(1) You an notified that a rub b hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of INS rub upon you by personol service or by certified or registered mail
(2) If you do not file a complaint wtliin tNs time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rub if service was by mail is the date of mading.
Dab: . 19-, Spene. or new varry or Opty
raPC Sr1 M
COURT FILE TO BE FILED WITH PROTHONOTARY
,M1
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of sorvice MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Chock applicable boxes)
COMMONWEALTH OF PENNSYLVANIA -
COUNTY OF ; u
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Notice of Appeal, Common Pleas No. upon the. District Justice designated therein on
(data of service) ? by personal service 0 by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee. (namo) , on
. 19- 0 by personal servica 0 by (certified) (registered) mail, senders receipt attached hereto.
.. ? and further that I eartiodthe Rule to Filea Complaint accompanying the Above Noticrof Appeal upon the appollee(s) towhom
the Rule was addressed an , 19_.-. 0 by personal service 0 by (terrified) (registered)
mail, sender's receipt attached hereto
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 19-
Slgnaturo of affiant
Slanafula of oK2.n1 Wcf, whom aI1.dlnf was ero do
role of oftial
My eomm'nnon r.Diles on
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COMMONWEALTH OF PENNSYLVANIA
COUNTY nF• CUMBERLAND
MAg DR No
--
09-1-02
DJ NAm, Non
ROBERT V. MANLOVE
AOdn^ 1901 STATE STREET
CAMP HILL, PA
T,kpwo (717) 761-0583 17011-0000
PAMELA A. HOPPER
139 D N 21ST STREET
CAMP HILL, PA 17011
THIS IS TO NOTIFY YOII THAT:
Judgment:
Q Judgment was entered for:
0 Judgment was entered against: (Name) gOPPRR, ROAR.RT A
in the amount of $ nn on:
? Defendants are jointly and severally liable.
? Damages will be assessed on:
? This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Levy is stayed for days or ? generally stayed.
? Objection to levy has been filed and hearing will be held:
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO
OF APPEAL WITH THE PROTHO
MUST WCLtkE A COPY
District Justice
Is a
FOR PLATNTIPP
(Name) RnPPRRF PAMRT.A A
30 DAYS ER THE ENTRY OF JUDGMENT BY FILING A NOTICE
?TH URT OF COMMON PLEAS, CIVIL DIVISION. YOU
,TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
record of the proceedings containing the judgment.
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL. CASE
NAME AM ADDRESS
rHOPPER, PAMELA A
139 D N 21ST STREET
CAMP HILL, PA 17011
L J
VS.
DEFENDANT: NAME AM ADDRESS
rHOPPER, ROBERT A 1
257 N 24TH STREET
CAMP HILL, PA 17011
L J
DocketNo.: CV-0000279-99
Date Filed: 8/16/99
(Date of Judgment) gf16/act
(Date 8 Time)
0
Amount of Judgment $ .0
0
Judgment Costs $ .0
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
------------
Certified Judgment Total $
District Justice
My commission expires first
of January, 2000
SEAL
AOPC 31599
I,
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Cumberland County Prothonotary
Court of Common Pleas
Pamela A. Hopper, 4166 Nantucket
Drive, Mechanicsburg, PA 17055,
Plaintiff,
Case No.: No. CV-0000279-99
COMPLAINT
tT-?3v?
va.
Robert A. Hopper, 257 North 24th
Street, Camp Hill, PA 17011,
Defendant
Plaintiff resides at 4166 Nantucket Drive, Mechanicsburg, PA 17055
Plaintiff resided at 139D North 21" Street, Camp Hill, PA 17011 until August
22, 1999.
The complaint was filed on August 16, 1999.
Defendant resides at 257 North 24th Street, Camp Hill, PA 17011
Plaintiff filed the first complaint, # CV-0000244-99, one month prior, as an
accumulation of back installment payments owed on a monetary divorce
settlement. Defendant cross filed. Judgement was entered for Plaintiff, and
maximum award, plus court costs was awarded.
Summary of Complaint - 1
ti
1 Plaintiff filed the second complaint HCV-0000279-99, after more debt
2 accumulation for missed installment payments in the same matter. Judgement
3 was entered for Plaintiff, but no monetary award was given.
4
5 Plaintiff argues that continued refusal to pay back installments currently
6 exists, and that awarding Plaintiff the second monetary award is warranted.
7 The agreement clearly calls for the specific amounts of payment on specific
8 dates for a period of one month, much like a revolving credit agreement, or a
9 lease contract agreement. Plaintiff argues, that not awarding the money in
10 this case is much like telling a department store that the defendant should
11 pay for the refrigerator that was sold to him in his installment payment
12 agreement. It is truly owed, but, the court isn't going to make the defendant
13 pay for it, and likely he won't.
14
15 Similarly, an apartment leasing company files a complaint against a renter
16 who has fallen into arrears on rental payments. The court awards judgement
17 for the leasing company, the defendant is made to pay and the defendant
18 continues to live in the apartment. The defendant falls into arrears again.
19 Again, the leasing company files a complaint, and the defendant is found in
20 breach of contract once more. The court assigns the proper award to the
21 leasing company, and they take measures to collect the settlement.
22
23 Plaintiff's case is similar, in that, despite winning the judgement of the
24 case, the plaintiff also deserves the monetary award. Further the plaintiff
25 deserves to win any further awards in the same matter when complaints are
filed, until the defendant is made to pay what is owed.
Summary of Complaint - 2
J. %
1
2 Additional debt has been accumulated by Defendant, and future complaints
3 should be awarded when filed because breach of contract has occurred, and
4 continues to occur each month. A summary of the accrued debt is attached to
5 this complaint, and clearly shows refusal of Defendant to pay, unless ordered
6 to do so by the court.
7
0 To insure that this happens, awarding the plaintiff the monetary award,
9 allows a lien to be filed against the Defendant's property.
10
11 Defendant's property is currently on the market and listed with a local
12 realtor. If this property sells quickly, and settlement is made, before this
13 matter is resolved in Plaintiff's favor, Plaintiff will have no recourse in
14 collecting the monetary award, because the Defendant has only the house as an
15 asset large enough to place a lien against.
16
17 In summary, both complaints CV0000244-99 and CV0000279-99 are linked and
18 clearly about the same matter. However, each missed payment is a breach of
19 contract, and should be allowed to be addressed as a separate matter, that
20 Plaintiff can consolidate and file complaints against the Defendant at the
21 District Justice level.
22
23 The District Justice in the matter found the Plaintiff deserving of the award
24 for the first amount, and so should look favorably on the monetary award for
25 the second complaint, and not just the judgement.
Summary of Complaint - 3
J.
1
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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.
3 enclosures are submitted with this complaint: The summary of payments in
arrears, The Property Settlement, and The Addendum to the Property
Settlement.
Dated this 15eh
of
Plaintiff cannot afford
legal services, and is
representing herself in
this matter
Summary of Complaint - 4
1 Cumberland County Prothonotary
2 Court of Common Pleas
3
4 Pamela A. Hopper, 4166 Nantucket ) Case No.: No. CV-0000279-99
5 Drive, Mechanicsburg, PA 17055, ) COMPLAINT
6 Plaintiff, )
7 Va. )
8 Robert A. Hopper, 257 North 24th )
9 Street, Camp Hill, PA 17011, )
30 Defendant )
11
12 Plaintiff resides at 4166 Nantucket Drive, Mechanicsburg, PA 17055
13
14 Plaintiff resided at 139D North 21" Street, Camp Hill, PA 17011 until August
15 22, 1999.
16
17 The complaint was filed on August 16, 1999.
18
19 Defendant resides at 257 North 24`e Street, Camp Hill, PA 17011
20
21 Plaintiff filed the first complaint, N CV-0000244-99, one month prior, as an
22 accumulation of back installment payments owed on a monetary divorce
23 settlement. Defendant cross filed. Judgement was entered for Plaintiff, and
24 maximum award, plus court costs was awarded.
25
Summary of Complaint - 1
I Plaintiff filed the second complaint NCV-0000279-99, after more debt
2 accumulation for missed installment payments in the same matter. Judgement
3 was entered for Plaintiff, but no monetary award was given.
4
5 Plaintiff argues that continued refusal to pay back installments currently
6 exists, and that awarding Plaintiff the second monetary award is warranted.
7 The agreement clearly calls for the specific amounts of payment on specific
8 dates for a period of one month, much like a revolving credit agreement, or a
9 lease contract agreement. Plaintiff argues, that not awarding the money in
10 this case is much like telling a department store that the defendant should
11 pay for the refrigerator that was sold to him in his installment payment
12 agreement. It is truly owed, but, the court isn't going to make the defendant
13 pay for it, and likely he won't.
14
15 Similarly, an apartment leasing company files a complaint against a renter
16 who has fallen into arrears on rental payments. The court awards judgement
17 for the leasing company, the defendant is made to pay and the defendant
18 continues to live in the apartment. The defendant falls into arrears again.
19 Again, the leasing company files a complaint, and the defendant is found in
20 breach of contract once more. The court assigns the proper award to the
21 leasing company, and they take measures to collect the settlement.
22
23 Plaintiff's case is similar, in that, despite winning the judgement of the
24 case, the plaintiff also deserves the monetary award. Further the plaintiff
25 deserves to win any further awards in the same matter when complaints are
filed, until the defendant is made to pay what is owed.
Summary of Complaint - 2
A
1
2 Additional debt has been accumulated by Defendant, and future complaints
3 should be awarded when filed because breach of contract has occurred, and
4 continues to occur each month. A summary of the accrued debt is attached to
5 this complaint, and clearly shows refusal of Defendant to pay, unless ordered
6 to do so by the court.
7
8 To insure that this happens, awarding the plaintiff the monetary award,
9 allows a lien to be filed against the Defendant's property.
10
11 Defendant's property is currently on the market and listed with a local
12 realtor. If this property sells quickly, and settlement is made, before this
13 matter is resolved in Plaintiff's favor, Plaintiff will have no recourse in
14 collecting the monetary award, because the Defendant has only the house as an
15 asset large enough to place a lien against.
16
17 In summary, both complaints CV0000244-99 and CV0000279-99 are linked and
10 clearly about the same matter. However, each missed payment in a breach of
19 contract, and should be allowed to be addressed as a separate matter, that
20 Plaintiff can consolidate and file complaints against the Defendant at the
21 District Justice level.
22
23 The District Justice in the matter found the Plaintiff deserving of the award
24 for the first amount, and so should look favorably on the monetary award for
25 the second complaint, and not just the judgement.
Summary of Complaint - 3
. +II
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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.
3 enclosures are submitted with this complaint: The summary of payments in
arrears, The Property Settlement, and The Addendum to the Property
Settlement.
Dated this 15c' day of October, 1999
Plaintiff cannot afford
legal services, and is
representing herself in
this matter
Summary of Complaint - 4
31-Jan Settlement
1-Mar Alimony
15-Mar Alimony
1-Apr Alimony
15-Apr Alimony
1-May Alimony
15-May Alimony
when possible VW final payments
Owing as of 5/15/99
Payment 5/20/99
Payment 6/07/99 VW refund
1-Jun Alimony
15-Jun Alimony
Owing as of 06/15/99
1-July Alimony
15 July Alimony
July 31, 1999 settlement
Amount owing
1-Aug-99
August 15 1999
Total owing as of 81699
i Sept Alimony
15 Sept Alimony
1 October Alimony
15 October Alimony
2500 DATE: May 14, 1999
1000 Payments In arrears
500 from Andy Hopper to Pam Hoppe
1000
500 Updated July 13, 1999
1000 Updated August 16, 1999
500 Updated September 13, 1999
660.47
S 7.660.47
$ 1,000.00
$ 175.00
1000
500
7,985.47
1000
500
2500
# 11,985.47
1000
500
13,485.47
1000
500
14,985.47
1000
500
16,485A7
06016 i?
arnp(34
amounts In
0,1weornplaI 4
t 5500
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f INoatNteurNONlmTO ?.„tf7•o,r?;oj•,++} i' ? THATT tweNTr NaDAV. e
eLLY t '? teuit?ioo e?eireo"rerww "rHi
D[rAULT JOOOM[NT NAY {t 9NT[11tD 1 M ± i
sOgOINAL FIL90 INU 10N
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i( An` f .F i't; i Irw! J1 +
1 ?;Sj71 , t , 1 HERSHEY, PENNSYLVANI A170)7.0650 i I + A + 1 ,
i.? i ,.
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this .-tom day of ? D -;;
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, 1986;
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 -6tml?? , 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 to 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.
3
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 estata 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.
7
18. REPRESENTATION.
It is recognized by the parties hereto that Robert A. Hopper is represented by,
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. VOLUNTARY 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 AGREEMENT.
It is understood and agreed that any and all property settlement agreements
which may or have been executed prior to the date and time 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:
Z4- - 1-,4 )
Robert A. Hopper
A.
10
.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
. ss.
On this, the, day of, 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.
Notarial Seal
Jan S. Warren, Notary Public
Harrisburg, Dauphin County
My CommIsalon fiyirea Jau. Cd, 7000 7WOTARY PUBLIC
t
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF DAUPHIN
On this, the ? day of dO? _, 1998, before me, a Notary
Public, personally appeared Pamele 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 Soal '
n S. Warrun, Notary Put-ic
Ja (2?4?
Harrisburg, Dauphin Cnu?ty
A1yCommisslonE?pimrJm^.t "^^ NOTARY PUBLI
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 I" day of the month following
the property refinancing settlement date. I will pay this amount in the following
manner. On the I° of each month, $1,000 to be followed by $500 on the 15'" of each
month.
I further agree to pay Pamela A. Hopper the sum of $10,000 in four (4)
installments of 52,500, 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 150'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.
IN WITNESS WHERE OF, I hereunto my hand and official.
it -
NOTARY PUBLIC
Robert A. Hopper
Pamela A. Hopper
Notarial Sear
Emy n S. Warren. Notary Public
arrisburg, Daupnin County
mmi ssion E+pires Jan. 24, 2000
CONFIDENTIAL ..................•,••,••••.