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Home My WebLink About07-3288Sandra L. Meilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smei lton6bdzmmg law. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN A. HNATUCK, Plaintiff No. O?- 3a 88 Ci a i / V. CIVIL ACTION - LAW ROBERT J. HNATUCK, Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Date: ?v J' U -7 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC BY: , Jv,t4 Z2&Z? - Sandra L. Meilton, squire Supreme Court ID # 32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff Sandra L. Meilton, Esquire DALEY Z,UCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonCa dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN A. HNATUCK, Plaintiff No. 07- 3.2 9? Ftl. V. CIVIL ACTION - LAW ROBERT J. HNATUCK, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Karen A. Hnatuck, who currently resides at 1779 South Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Robert J. Hnatuck, who currently resides at 1779 South Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 18, 1985 at Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court requires the parties to participate in counseling. 8. The causes of action and section of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about the filing of this Complaint. COUNT II: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 9. Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 10. Plaintiff and Defendant are the joint owners as tenants by the entireties of real estate which is subject to equitable distribution by this court. 11. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 12. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. COUNT III CLAIM FOR ALIMONY UNDER THE DIVORCE CODE 13. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff has inadequate means of support for herself except as provided for by Defendant. 15. Plaintiff is currently employed through the Commonwealth of Pennsylvania and earning an annual gross income of approximately $32,000. 16. Defendant is currently employed through Tyco Electronics earning an annual gross income in excess of $118,000.00. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE 17. Paragraphs 1 through 16 of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 19. Defendant is full well and able to pay Plaintiff Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests this Honorable Court enter a Decree in Divorce from the bonds of matrimony; equitably distribute all property owned by the parties hereto; direct the Defendant to pay Alimony to the Plaintiff; direct the Defendant to pay Alimony Pendente Lite and Plaintiff's counsel fees and the cost of this proceeding; and grant such further relief as the Court may determine equitable and just. Respectfully submitted, Date: Je- / - U -7 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Sandra L. Meilton, Es uire Supreme Court ID #32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION I, Karen A. Hnatuck, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: yJ?at J,lJ ;?D07 Karen A. Hnatuck, Plaintiff to N ? Fri n Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonla,dzmml;law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN A. HNATUCK, Plaintiff No. 07-3288 Civil V. CIVIL ACTION - LAW ROBERT J. HNATUCK, Defendant IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this -tk day of ,Jh4 , 2007, I, Robert J. Hnatuck, hereby certify that I did receive and accept service of the Complaint in Divorce in the above-captioned matter. Respectfully submitted, , ? "_/j /4; ? ? Robert J. atuck, De ant ? ? Q c? .._, ,1.,?, ?. -,? ---i , '_ij . {.i., f ?, -_ ,. .. ? ; _ .-.. ice: `? t`,'! ;? _ ? ?? ? = ??" ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN A. HNATUCK, Plaintiff V. No. 07-3288 Civil ROBERT J. HNATUCK, Defendant CIVIL ACTION - LAW (In Divorce) NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Karen Ann Heath , and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: A'-n?-00P ? &' Q. Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN ) On this, the day of (,f 2008, before me, a notary public, the undersigned officer, personally appeared e above affiant known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. f CO 40WMLM OF PS M5yLVM" S Public Notary Public Glaris M Rine, Notary Lower Faxton Township, >n COY cortunission ? November 15, 2011 C-) ^a .: ? rN} r L , cj; ... . ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN A. HNATUCK, ) Plaintiff ) V. ) ROBERT J. HNATUCK, ) Defendant ) No. 07-3288 CIVIL CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on June 4, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 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. 1 understand that I will not be divorced until a divorce decree 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 08 Robert J. H tuck, Defendant ? r w CIOD r " r ?JJ S'0? ? ?71"T7 , t ? { ` CD Fri Sandra L. Meilton, Esquire Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smei lton(a,dzmm g law. com tlaudermilchAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN A. HNATUCK, No. 2007-3288 Civil Plaintiff V. CIVIL ACTION - LAW ROBERT J. HNATUCK, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 4, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: e N/05?&) w kK';o'U- Karen A. Hnatuck, Plaintiff s Sandra L. Wilton, Esquire Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smeilton((&dzmmglaw.com flaudermilch(@dgnunglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN A. HNATUCK, Plaintiff V. No. 2007-3288 Civil CIVIL ACTION - LAW ROBERT J. HNATUCK, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301 (c) AND 43301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and 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. § 4904 relating to unsworn falsification to authorities. Date: 9 '//. ",/ - 4 ? .4 Karen A. Hnatuck, Plaintiff rv c?- ? ?? ? ? y.? _t . ?? .+J.S ?i fr} ...` s ?j yr „V a, ? ? i ) .. . . _ : j? ?7 ?; r -'?; ?„ ` : i; . , " • "? ..._ .. S Sandra L. Meilton, Esquire Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@dzmmylaw.com taudermilch a,dzmmalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN A. HNATUCK, Plaintiff V. No. 2007-3288 Civil CIVIL ACTION - LAW ROBERT J. HNATUCK, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A true and correct certified copy of the Divorce Complaint was served on Defendant on June 7, 2007. An Acceptance of Service executed by the Defendant was filed on June 13, 2007. 3. As required by Section 3301(c) of the Divorce code, Plaintiff and Defendant executed their respective Affidavits of Consent on September 17, 2008. The Affidavits are being filed contemporaneously herewith. 4. Related claims pending: None. I ! 5. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Waivers of Notice of Intention to Request Entry of Divorce Decree on September 17, 2008. The Waivers of Notice are being filed contemporaneously herewith. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: ! p D? By. G Sandra L. Meilton, Esquire Supreme Court ID # 32551 Quintina M. Laudermilch, Esquire Supreme Court ID# 94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorneys for Plaintiff t°`? "-^? ?':' ? -ors ? ? r i : r ? - r- , -,.::. ? _y r- ? ? P"r-r ¢»..x fir.. '? ? .i.} ,,+ ,_, .L""" , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KAREN A. HNATUCK _yPlaintiff VERSUS ROBERT J. HNATUCK Defendant NO. 2007-3288 DECREE IN DIVORCE AND NOW, -lOciabKll / " , Zoo-' , IT IS ORDERED AND DECREED THAT AND KAREN A. HNATUCK ROBERT J. HNATUCK ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; None. PROTHONOTARY Alw -IV IF 7' WWII< ,V. / - o/ ,so, ! - d'/ Quintina A Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudermilch@dzmmglaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA KAREN A. HNATUCK, Plaintiff V. ROBERT J. HNATUCK, Defendant CIVIL ACTION - LAW No. 2007-3288 (Civil Term) (In Divorce) STIPULATION AND NOW, this Ir day of Wo bcr 2008, the parties in the above-captioned matter hereby STIPULATE and AGREE that the Qualified Domestic Relations Order attached hereto encompasses the intent of the parties and that it may be adopted as a Court Order. Quintina. M. Laudermilch, Esquire Counsel for Plaintiff Donald T. Kissinger, Es u re Counsel for Defendant Karen A. Hnatuck, Plaintiff 44??Ot'4/?- 14?? Robert J. Hn tuck, Defendant c=' c s? °T7 / 935350166 OCT 21 200?pJ ) CASE NO. 07-3288 Civil Karen A. Hnatuck QUALIFIED VS. ) DOMESTIC RELATIONS ORDER Robert J. Hnatuck ) Court of Common Pleas of Cumberland County, Pennsyl- vania Court House Square Carlisle PA 17013 WHEREAS, this Court has jurisdiction over the parties and the subject matter of this Order; and WHEREAS, the parties and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended; and, WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make a determination of the qualified status of this Order; and WHEREAS, following approval by the Plan Administrator, this Order shall constitute a Qualified Domestic Relations Order; and WHEREAS, the parties have stipulated that the Court enter this Order; NOW, THEREFORE, pursuant to this state's Domestic Relations Laws, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) "Participant" shall mean Robert J. Hnatuck, whose current address is 1779 South Meadow Drive, Mechanicsburg, PA 17055. (b) "Alternate Payee" shall mean Karen A. Hnatuck, whose current address is 194 Stone- hedge Lane, Mechanicsburg, PA 17055. (c) "Plan" shall mean Tyco Electronics Retirement Savings and Investment Plan. 2. The Order relates to marital property rights 3. The date of marriage was 05/18/1985. 4. The date of legal separation or divorce is 06/04/2007. 5. The Alternate Payee is the former spouse of the Participant. 6. With respect to marital property, alimony and spousal awards, the Participant and the Alternate Payee are/were married for federal income tax purposes. 7. The Alternate Payee's award will be calculated as of the date the award is segregated into the Alternate Payee's account. The date of segregation shall hereinafter be referred to as the "Valuation Date". 8. The Alternate Payee's interest in the Plan shall be $309,218.00 of the Participant's total vested account balance under the Plan as of the Valuation Date. 9. The Alternate Payee's award is not entitled to earnings (dividends, interest, gains and losses) from the Valuation Date to the date that the award is segregated from the Partici- pant's account. From and after the date of segregation, the Alternate Payee's award shall be held in an account under the Plan and shall be entitled to all earnings attributable to the investments therein. 10. In the event there is an outstanding loan balance as of the Valuation Date, the loan bal- ance will not be included for purposes of calculating the account balance to be divided. 11. The Alternate Payee's award will be paid from the following investment option(s) based upon the percentage(s) listed as of the date of account segregation: Interest Income Fund 100%. 12. The Alternate Payee shall have the right to select from the available benefit forms pro- vided under the terms of the Plan at the time the Alternate Payee becomes eligible and elects a distribution. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be based on the value of the Alternate Payee's account on the date the distribution is processed. 13. The Alternate Payee has the right to designate a beneficiary. All beneficiary designa- tions will be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 14. The one time determination fee for review of the Domestic Relations Order will be allo- cated 50% from the Participant's account and 50% from the Alternate Payee's account. The fee will be taken from the investment options in the applicable account(s) according to the plan level fee method as of the date the fee is deducted. Attorney For Alternate Payee: Quintina M. Laudermilch Attorney For Participant: Donald T. Kissinger Daley, Zucker, Meilton, Miner & Howett, Kissinger & Holst, P.C. Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Dated: _? Zz Zooms 130 Walnut Street Harrisburg, PA 17108 Judge Of the Court: Track No: 935350166 t ) 'r C`.) t J u31 c,J m a il. 7 ? cn N v 1 f" f 1a 'Q r DISTRIBUTION: Quintina M. Laudermilch, Esquire, Daley Zucker Meilton Miner & Gingri ch, LLC, 029 Scenery Drive, Harrisburg, PA 17109 1 Donald T. Kissinger, Esquire, Howett, Kissinger & Holst, PC, 130 Walnut Street, Harrisburg, PA 17108