HomeMy WebLinkAbout04-0210DENNIS D. HOPKINS,
PAULA J. HOPKINS,
Plaintiff :
:
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
C1VIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
TO:
Paula J. Hopkins
409 Cherokee Drive
Mechanicsburg, PA 17050
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.
When the ground for 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 Courthouse, One Courthouse Square, 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013-3387
PHONE: (717) 249-3166
295950-1
DENNIS D. HOPKINS,
PAULA J. HOPKINS,
Plaintiff
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
1N DIVORCE
TO:
Paula J. Hopkins
409 Cherokee Drive
Mechanicsburg, PA 17050
NOTICE TO DEFEND
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted time viente (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o
por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede
entrar una orden contra usted sin previo aviso a notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFIC]ENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGU1R
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013-3387
PHONE: (717) 249-3166
295950-1
DENNIS D. HOPKINS,
PAULA J. HOPKINS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. , /t3
Defendant : IN DIVORCE
COMPLAINT UNDER SECTION 3301 OF TIlE DIVORCE CODE
Plaintiff Dennis D. Hopkins is an adult individual currently residing at 409
Cherokee Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
2. Defendant Paula J. Hopkins is an adult individual residing at 409 Cherokee Drive,
Mechanicsburg, Cumberland County, Pennsylvania, 17050.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for
a period of more than six (6) months immediately prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on December 18, 1976 in Pottsville,
Schuylkill County, Pennsylvania.
5. Neither Pla'mtiffnor Defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldiers and Sailors Civil Relief Act of the
Congress of 1940 and Its Amendments.
6. There have been no prior actions of divorce or for annulment instituted by either
of the parties in this or any other jurisdiction.
295950-1
7. Plaintiffhas been advised that counseling is available, and that Plaintiffmay have
the fight to request that the Court require the parties to participate in counseling.
8. One child was bom of the marriage: Devan Leigh Hopkins (d.o.b. August 2, 1980),
who is not a minor.
9. Plaintiff and Defendant have been living separate and apart, but both in the marital
residence, since October 1, 2003.
10.
thereto.
11.
12.
COUNT I
REQUEST FOR A NO-FAULT DIVORCE
UNDER SECTION 3301(c} OF THE DIVORCE CODE
The prior paragraphs of this Complaint are incorporated herein by reference
The marriage of the parties is irretrievably broken.
After ninety (90) days have elapsed fi.om the date of service of this Complaint,
Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant
will also file such an Affidavit.
WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety days
have elapsed from the date of service of this Complaint, Plaintiff respectfully requests the Court
to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code.
295950-1
Dated:
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Attorney I.D. No. 58799
P.O. Box 5300
3211 North Front Street
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
295950-1
VERIFICATION
I, Dennis D. Hopkins, hereby certify that the facts set forth in the foregoing Complaint in
Divome are tree and correct to the best of my knowledge, information and belief, and that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom
falsification to authorities.
Dated:
"" Dennis D. Hopkins
295950-1
DENNIS D. HOPKINS,
PAULA J. HOPKINS,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-210 CIVILTERM
1N DIVORCE
ACCEPTANCE OF SERVICE
I, PAULA J. HOPKINS, Defendant, accept service of the Divorce Compla'mt in the above
referenced matter.
Paula J. Hopkins
409 Cherokee Drive
Mechanicsburg, PA 17050
Dated:
296235-1
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~_'~day of ~~,, 2004, by and between
DENNIS D. HOPKINS (hereinafter "Husband") of Mechanicsburg, Cumberland County,
P~nnsylvania, and PAULA J. HOPKINS (hereinafter "Wife") of Mechanicsburg, Cumberland
County, Pennsylvania.
WITNESSETH:
WHEREAS, the parties are Husband and Wife, married on December 18, 1976, in
Pottsville, Schuylkill County, Pennsylvania;
WHEREAS, unhappy differences and difficulties have arisen between the parties, in
consequence of which the parties intend to live separate and apart for the rest of their natural lives;
WHEREAS, the parties are Plaintiffand Defendant, respectfully, in a divorce action filed in
the Court of Common Pleas of Cumberland County, Pennsylvania to Docket No. 04-210;
WHEREAS, the parties desire to settle fully and finally their respective financial and
property rights and obhgations as between each other, including but not limited to the ownership
and equitable distribution of real and personal property; past, present and future support, ahmony
and/or maintenance; and any and all claims which either party has, or may have, against the other or
the other's estate; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings
hereinafter set forth and for other good and valuable consideration, receipt of which the parties
acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as
follows:
#304471
1. SEPARATION
Each party shall have the right to live separate and apart from the other party, flee from the
other party's interference, authority and control. Neither party shall interfere with the other or
attempt to interfere with the other, nor compel the parties' cohabitation.
2. HUSBAND'S AND WIFE'S DEBTS
Except as otherwise set forth in this Agreement, the parties represent and warrant to each
other that they have not incurred and will not contract or incur any debt or liability for which the
other or the other's estate might be responsible. Each party shall indemnify and save harmless the
other party from any and all claims or demands made against the other by reason of debts or
obligations incurred by that party.
3. WAIVER OF RIGHTS AND MUTUAL RELEASES
Except as provided in this Agreement, both parties absolutely and unconditionally release
and forever discharge each other and their heirs, executors, administrators, assigns, property and
estate from any and all rights, claims, demands or obhgations arising out of or by virtue of the
marital relationship, whether such claims exist now or arise in the future. This release shall be
effective regardless of whether such claims arise out of former or future acts, contracts,
engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's
will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a
surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of
Pennsylvania, any state, commonwealth or territory of the United States, or other country.
Except for any cause o faction for divorce which either party may have or claim to have, and
except for the obligations of the part/es contimed in this Agreement, each party gives to the other an
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absolute and unconditional release and discharge from all causes of action, claims, rights or
demands whatsoever, in law or in equity, which either party ever had or now has against the other,
including but not limited to alimony, alimony pendente lite, spousal support, equitable distribution
of marital property, counsel fees or expenses.
4. REAL ESTATE
The parties own as tenants by the entireties improved real property situated at 409 Cherokee
Drive, Mechanicsburg, Cumberland County, Pennsylvania ("Marital Residence").
(a) Within thirty (30) days of the date of sigrting this Agreement, Husband and
Wife agree to transfer all of their right, title, and interest in the Marital Residence to
Wife.
(b) Any capital gains tax as a result of the aforesaid transfer shall be the sole
responsibility of Wife.
(c) Wife shall assume sole responsibility for the payment of all taxes, insurance,
upkeep, and related expenses for the Marital Residence and after the date of transfer
and shall indemnify Husband for her failure to do so.
5. DIVISION OF PERSONAL PROPERTY
The parties have divided all items of personal property, including any cash on hand, except
as otherwise specified herein, to their mutual satisfaction. All personal property currently in
Husband's possession shall be the sole and separate property of Husband. All personal property
currently in Wife's possession shall be the sole and separate property of Wife including, but not
limited to, any U.S. Savings Bonds and an account with Advanta.
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6. MOTOR VEHICLES
Husband shall retain sole and exclusive ownership of a vehicle in his possession. Wife shall
retain sole and exclusive ownership of a vehicle in her possession. Husband and Wife agree to
execute, within thirty (30) days of the date of this Agreement, any and all forms, titles, and
documents necessary to transfer the aforesaid vehicle from joint ownership to individual ownership,
as specified herein.
7. JOINT DEBTS
The parties acknowledge that they have no debts which were jointly incurred during their
marriage with the exception of debt due and owing to their respective parents as follows:
Debt to Wife's Parents
Debt to Husband's Parents
$21,500
$20,000
Husband shall be solely responsible to pay the debt to his parents and indemnify and hold
Wife harmless in connection therewith and Wife shall be solely responsible to pay the debt to her
parents and indemnify and hold Husband harmless in connection therewith.
Any debts or obligations incurred by either party in his/her individual name, other than those
specified herein, whether incurred before or after separation, are the sole responsibility of the party
in whose name the debt or obhgation was incurred.
8. RETIREMENT BENEFITS
The parties, within thirty (30) days of the signing of this Agreement, will execute a
Stipulation for the entry of a Qualified Domestic Relations Order (QDRO) in which Wife shall be
entitled to 57% of the marital property component of Husband's retirement benefit exclusive of
Husband's paid in accumulated deductions as shall be more specifically set forth in the QDRO.
Otherwise, each of the parties does specifically waive, release, renounce and forever abandon all of
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their fight, title, interest or claim, whatever it may be, in any pension/retirement/profit sharing plan
of the other party, including, but not limited to Wife's pension with Hempt Bros., Wife's 401(k),
Wife's IRA, Husband's IRA, Husband's retirement contributions, and Husband's Deferred
Compensation, whether acquired through said party's employment or otherwise, and hereafter the
pension/retirement/profit sharing plan shall be identified above as being either Husband's or Wife's
and shall become the sole and separate property of the party in whose name or whose employment
said plan is carried.
9. DIVISION OF BANK ACCOUNTS
Husband and Wife acknowledge that all joint bank accounts have been closed or divided to
their mutual satisfaction prior to the execution of this Agreement. Wife shall be entitled to the
M&T Personal Statement Savings Account # 15004208559227 and PNC Accotmt while Husband
shall be entitled to the M&T Checldng Account # 42667208 and the PSECU Account.
10. AFTER-ACQUIRED PROPERTY
Each of the parties shall own and enjoy, independently of any claims or rights of the other,
ail real property and all items of personal property, tangible or intangible, hereafter acquired, with
full power to dispose of the same as fully and effectively as though he or she were unmarried. Any
property so acquired shall be owned solely by that party and the other party shall have no claim to
that property.
11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY
Husband shall pay to Wife, as alimony, $1,264 per month until the happening of any of the
following events:
(a) Husband's death.
(b) Wife's death.
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(c) Wife's remarriage or cohabitation, as defined by Pennsylvania law.
(d) Husband's Pennsylvania State Employee Retirement System Pension enters
a payout status and Husband is retired fi:om active employment from the
Commonwealth of Pennsylvania.
Husband and Wife waive and relinquish all other rights, if any, to spousal support, alimony
pendente lite, and alimony. Any other transfer of monies between the parties pursuant to any
term of this Agreement shall not constitute alimony, but is made as part of the parties' equitable
distribution.
12. TAX MATTERS
The parties have negotiated this Agreement with the tmderstanding and intention to divide
their marital property. The parties have determined that such division conforms to a right and just
standard with regard to the rights of each party. The division of existing marital property is not,
except as may be otherwise expressly provided herein, intended by the parties to constitute in any
way a sale or exchange of assets. It is understood that the property transfers described in this
Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will
not result in the recognition of any gain or loss upon the transfer by the transferor.
13. COUNSEL FEES AND EXPENSES
Except as otherwise specified herein, each party shall be responsible for payment of his/her
own counsel fees and expenses.
14. ADVICE OF COUNSEL
The parties acknowledge that each has received or has had the oppormn/ty to receive
independent legal advice from counsel of their selection and that they have been informed fully as
to their legal rights and obligations, including all rights available to them under the Pennsylvania
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Divorce Code of 1980 as amended, and other applicable laws. Husband is represented by Brace J.
Warshawsky and Wife is represented by Michael L. Bangs.
Each party confirms that he/she understands fully the terms, conditions, and provisions of
this Agreement and believes them to be fair, just, adequate and reasonable under the existing
circumstances. The parties further confirm that each is entering into this Agreement freely and
vokmtarily and that the execution of this Agreement is not the result of any duress, undue influence,
collusion, or improper or illegal agreement.
15. AFFIDAVITS OF CONSENT
Each party agrees to execute an Affidavit of Consent for the obtaining a no-fault divorce
under the provisions of the Divorce Code of 1980, as amended.
16. EFFECT OF DIVORCE DECREE ON AGREEMENT
Either party may enforce this Agreement as provided in section 3105(a) of the Divorce
Code, as mended.
As provided in section 3105(c), provisions of this Agreement regarding equitable
distribution, alimony, alimony pendente lite, counsel fees or expenses shall no~t be subject to
modification by the court.
17. DATE OF EXECUTION
The "date of execution", "date of this agreement" or "execution date" of th/s Agreement is
the date upon which it is signed by the parties if they sign the Agreement on the sense date.
Otherwise, the "date of execution", "date of this agreement" or "execution date" shall be the date on
which the last party signed this Agreement.
18. HEADINGS NOT PART OF AGREEMENT
The descriptive head'rags preceding the paragraphs are for convenience and shall not affect
the meaning, construction or effect of this Agreement.
19. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
Each separate obligation shall be deemed to be a separate and independent covenant and
agreement. If any term, condition, clause or provision of this Agreement shall be determined or
declared to be void or invalid in la,v or otherwise, then only that term, condition, clause or provision
shall be stricken from tiffs Agreement and in all other respects this Agreement shall be valid and
continue in full force, effect and operation.
20. AGP,_EEMENT BINDING ON HEIRS
This Agreement shall be binding on and shall enure to the benefit of the parties and their
respective heirs, executors, administrators, successors, and assigns.
21. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations, warranties,
covenants or promises other than those expressly set forth in th/s Agreement.
22. MODIFICATION OR WAIVER TO BE IN WRITING
No modification or waiver of any term of this Agreement shall be valid unless in writing
and signed by both parties.
23. NO WAIVER OF DEFAULT
The failure of either party to insist upon strict performance of any tema of this Agreement
shall in no way affect the right of such party hereafter to enforce the term.
#304471
24. VOLUNTARY EXECUTION
The parties acknowledge that this Agreement is fair and equitable, and that they have
reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or
improper or illegal agreements.
25. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania
and more specifically under the Divorce Code of 1980, ~ amended.
26. ATTORNEYS' FEES FOR ENFORCEMENT
If either party breaches any provision of this Agreement, the breaching party shall pay all
reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the
enforcing party is successful in establishing that a breach has occurred.
1N WITNESS WHEREOF, the parties have set their hands and seals the day and year first
written above.
WITNESS:
DENNIS D. HOPKINS
PAULA J. HOPKINS
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#$044?]
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF ~).~ o?,~ :
SS
On this, the q r~.L~day of ,,,/a~ ,2004, before me, the undersigned officer, personally
appeared DENNIS D. HOPKINS, known to me or satisfactorily proven to be the person whose
name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
CAROL A. LYTER, Notary Public My Commission Expires: /
City of Harr~burg, Dauphin Coumy
My Commis~.i~ Expime Dec. 28, 2004
COMMONWEALTH OF PENNSYLVANIA
, 2004, before me, the undersigned officer,
personally appeared PAULA J. HOPKINS, known to me or satisfactorily proven to be the person
whose name is subscribed to in the foregoing Marital Settlement Agremnent, and acknowledge that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
MyCo res:
#$0447]
DENNIS D. HOPKINS,
PAULA J. HOPKINS,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-210 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
January 15, 2004 and served upon Defendant on January 21, 2004. An Acceptance of Service was
filed on February 18, 2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) 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 Divome.
I verify that the statements made in this Affidavit are true and correct. I understand that any
false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to
unswom falsification to authorities.
Dennis D. Hopkins
303881-1
DENNIS D. HOPKINS,
PAULA J. HOPKINS,
1N THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-210 CIVIL TERM
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF DIVORCE UNDER SECTION 3301(c) OF DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose fights concerning alimony, division of property,
lawyers' fees or expenses ifI 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 tree and correct. I understand that any
false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to
unswom falsification to authorities.
Dated:
nnis D. Hopkins
303881-1
DENNIS D. HOPKINS,
PAULA J. HOPKINS,
Plaimiff :
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-210 CIVILTERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaim in Divome under Section 3301(c) of the Divorce Code was filed on
January 15, 2004 and served upon Defendant on January 21, 2004. An Acceptance of Service was
filed on February 18, 2004.
2. The man/age of Plaintiff and Defendant is irretrievably broken, and ninety (90) 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 Divome.
I verify that the statements made in this Affidavit are tree and correct. I understand that any
false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to
unswom falsification to authorities.
Paula J. Hopkins
303881-1
DENNIS D. HOPKINS,
Plaintiff
V.
PAULA J. HOPKINS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-210 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF DIVORCE UNDER SECTION 3301(c) OF DIVORCE CODE
1. I consent to the entry of a final decree ofdivome without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyers' fees or expenses ifI 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 any
false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to
unswom falsification to authorities.
Paula J. Hopkins
303881-1
DENNIS D. HOPKINS,
PAULA J. HOPKINS,
Plaintiff
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-210 CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following information, to the Court for entry
of a Divorce Decree:
I. Ground for divorce:
Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of Complaim: A Complaint in Divorce was filed on
January 15, 2004, and served on Defendant who executed an Acceptance of Service
on January 21, 2004 and which was filed on February 18, 2004.
3. Complete either paragraph (a) or (b):
(a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent
required by Section 3301(e) of the Divorce Code:
Plaintiffi June 25, 2004, filed June 30, 2004
Defendant: June 25, 2004, filed June 30, 2004
(b)(1) Date of execution of Plaintiff's Affidavit required by Section 3301(d) of ~
Divorce Code: NA
(2) Date of filing and service of the Plaintiff's Affidavit upon the respondent:
Filing: NA
Service: NA
307243-1
Dated:
Complete the appropriate paragraphs:
(a) Related claims pending:
(b) Claims withdrawn:
(c)
(d)
(a)
(b)
None
None
Claims settled by agreement of the parties: All
State whether any written agreement is to be incorporated into the Divorce
Decree: See attached Marital Settlement Agreement.
Date and manner of service of the Notice of Intention to File Praecipe to
Transmit Record, a copy of which is attached, if the Decree is to be entered
under Section 3301 (d)( 1 )(i) of the Divorce Code:
Service: NA
Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: June 30, 2004
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: June 30, 2004
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Attorney I.D. No. 58799
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
June 30, 2004
307243-1
DENNIS D. HOPKINS,
Plaintiff
V.
PAULA J. HOPKINS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-210 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this 30th day of June, 2004 I, Bruce J. Warshawsky, Esquire, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Dennis D. Hopkins, hereby certify that
I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United
States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Michael L. Bangs, Esq.
302 South 18th Street
Camp Hill, PA 17011
METZGER, WlCKERSHAM, KNAUSS & ERB, P.C.
By:~
307243-1
IN THE COURT OF COMMON PLEAS
Dennis D. Hopkins
OFCUMBERLAND COUNTY
STATE'. OF PENNA.
NO. 04-210
VERSUS
Paula J. Hopkins
AND NOW,
DECREED THAT
DECREE IN
DIVORCE
, ~, IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
Dennis D. Hopkins
AND Paula J. Hopkins
ARE DIVORCED FROM THE: BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WH]CH A FINAL ORDER HAS NOT
YEt BEEN ENTERED;
INCORPORATE BUT DO NOT MERGE ATTACHED AGREEMENT.
DENNIS D. HOPKINS,
PA ULA J. HOPKINS,
Plaintiff
Defendant
: IN THE COURT OF COMMONPLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION- LAW
: NO. 04-210 CIVIL TERM
:
: INDIVORCE
TO: PROTHONOTARY
_PRAECIPE TO ENTER APPEARANCE/CIZ ~INGE OF ADDRESS AND LA W
FIRM AFFILIA TION OF COUNSEl,
Bruce J. Warshawsl~y, Esquire has changed his law firm affiliation and address
and will continue to represent Dennis D. HopMns, the Plaintiff in the above captioned
action.
Please kind]y enter the appearance of Bruce J. Warshawsl~y, Esquire and
the Law Firm of Cunningham and Chernicoff, p.C., on behaif of Dennis D. HopMns, the
Plaintiff in the above captioned action.
CUNNINGHAM & CHERNICOFF, P. C.
PA Supreme Court ID# 58799
CUNNINGIZ4M & CHERNICOFF, p. C.
2320 N. Second. St.
Harrisburg, PA 17110
Mailing Address:
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-8187
.4ttorneys for Plainti~'f, Dennis D. Hopkins
_PP~4ECIPE TO IFITHDR.4W.4PPE,4R_4NCE
Kindly withdraw the appearance of Metzger, Wickersham, Knauss & Erb, P.C. on
behalf of Dennis D. Hopkins, in the above captioned action.
Dated:
METZGER, WICKERSH,4M, KN~4 USS & ERB, p.C.
Steven P. ~Miner, Esquire
PA Supreme Court ID# 38901
Metzger, Wickersham, Knauss & Erb, P.C.
3211 N. Front. St.
Harrisburg, PA 17'110
(717) 238-8187
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Secretary for the law office of C~mningham & Chemicoff, P.C., do
hereby certify that a true and correct copy of the Praecipe to Withdraw Appearance/Enter
Appearance in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage
prepaid on this date, to the following:
Michael C. Bangs, Esquire
BANGS LAW OFFICE
429 South 18~ Street
Camp Hill, PA 17011
Steven P. Miner, Esquire
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
3211 North Front Street
Harrisburg, PA 17110
Date:
C/UN~GHAM & CHERNICOFF, P.C.
/ / Julie~xme Ametrano
[/ 2320 North Second Street
[,/ P.O. Box 60457
Harrisburg, PA 171 I0
(717)238-6570
F.:IHOME1BJ~DOCS~IOPKINSImwkewdrrw
SEP 3 200
COURT OF COMMON PLEA~ OF CUMBERLAND COUNTY, PENNSYLVANIA
D~ennis D, Hopkins
Plaintiff
_Paula J. Hopkins
Defendant
CML ACTION - LAW
VS.
: NO. 04-210
:
: IN DIVORCE
STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER"
Hopkins, plaintiff and Paula J. Hopkins, Defendant, do hereby Agree and Stipulate as follows:
1. The plaintiff, Dennis D. Hopkins (hereinafter referred to as "Member") is a member of
the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to
as "SERS").
2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code,
71 Pa. C.S. §§5101-5956 ("Retirement Code").
3. Member's date of birth is April 30, 1950, and his Social Security number is 162-42-
3840.
4. The Defendant, Paula J. Hopkins (hereinafter referred to as "Alternate Payee") is the
former spouse of Member. Alternate Payee's date of birth is August 6, 1954, and her Social
Security number is 193-42-8790.
5. Member's last known mailing address is:
1703 North Front Street
Harrisburg, PA 17102
6. Alternate Payee's current mailing address is:
409 Cherokee Drive
Mechanicsburg, PA 17050
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Page 2
It is the responsibility of Alternate Payee to keep a current mailing address on file with
SERS at all times.
7. (a) The marital property component of Member's retirement benefit is equal to the
Member's retirement benefit accrued on July 13, 2004, based upon the final average salary as of
July 13, 2004, and based upon the years of service under SERS as of July 13, 2004, and calculated
in accordance with the Retirement Code in effect on the date benefits commence to the Member.
(b) The portion of the marital property component of Member's retirement benefit to
be allocated to the Alternate Payee as her equitable distribution portion of this marital asset is
57%.
8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by
SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the
disability portion of any disability annuities paid to Member by SERS as a result of a disability
which occurs before the Member's marriage to Alternate Payee or after the date of the Member and
Alternate Payee's final separation. Member's retirement benefit does not include any deferred
compensation benefits paid to Member by SERS. The equitable distribution portion of the marital
property component of Member's retirement benefit, as set forth in paragraph 7, after the
application of the appropriate early retirement actuarial reduction factor, if any, shall be payable to
Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible
on or about the date the Member actually enters pay status and SERS approves a Domestic
Relations Order incorporating this Stipulation and Agreement, whichever is later.
9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent
of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death
benefits payable by SERS if the Member dies before his benefits commence. This nomination
shall become effective upon approval by the Secretary of the Retirement Board, or his authorized
representative, of any Domestic Relations Order incorporating this Stipulation and Agreement.
The balance of any death benefit remaining after the allocation of Alternate Payee's equitable
distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last
Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death.
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(a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's
death (a) predates any approved Domestic Relations Order incorporating this Stipulation and
Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic
Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for
purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the
Retirement Board prior to Member's death, Alternate Payee shall be treated as ff Alternate Payee
predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate.
(b) In addition, Member shall execute and deliver to Alternate Payee an
authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate
Payee all relevant information concerning Member's retirement account. Alternate Payee shall
deliver the authorization to SERS which will allow the Alternate Payee to check that she has been
and continues to be properly nominated under this paragraph.
10. The term and amounts of Member's retirement benefits payable after SERS approves a
Domestic Relations Order incorporating this Stipulation and Agreement and after the Member
files a retirement application shall be in accordance with paragraphs 10(a), 10(b) and 10(c) as
follows:
(a) Member may elect to receive, by lump sum, all or a portion of his accumulated
deductions. The Alternate Payee shall not receive any portion of the Member's accumulated
deductions.
(b) The present value of the eqmtable distribution portion of the Member's retirement
benefit (based upon a maximum single life annuity) assigned to the Alternate Payee shall be used
to provide the Alternate Payee with an annuity payable to her as long as she lives. The Alternate
Payee shall share in any scheduled or ad hoc increases to the extent of her equitable distribution
portion of the Member's benefit.
(c) The excess of the present value of the Member's retirement benefit (based upon a
maxim~m single life armuity) over the present value of the equitable distribution portion of the
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Page 4
Member's benefit assigned to the Alternate Payee shall be used to provide the Member with an
annuity based upon the retirement option selected by the Member.
11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS
shall issue individual tax forms to Member and Alternate Payee for amounts paid to each.
12. In the event of the death of Alternate Payee, any death benefit payable to Alternate
Payee by SEES by reason of the Member's death before the date benefits commence to him shall
Pa ee's estate to the extent of Alternate Payee's equitable distribution
be paid to Alternate y
portion of Member's retirement benefit.
13. In no event shall Alternate Payee have greater benefits or rights other than those
which are available to Member. Alternate Payee is not entitled to any benefit not otherwise
provided by SEES. The Alternate Payee is only entitled to the specific benefits offered by SEES as
provided in this Order. All other rights, privileges and options offered by SEES not granted to
Alternate Payee by this Order are preserved for Member.
14. It is specifically intended and agreed by the parties hereto that this Order:
(a) Does not require SEES to provide any type or form of benefit, or any option not
otherwise provided under the Retirement Code;
(b) Does not require SERS to provide increased benefits (determined on the basis of
actuarial value) unless increased benefits are paid to Member based upon cost of living or
increases based on other than actuarial values.
15. The parties intend and agree that the terms of this Stipulation and Agreement shall be
approved, adopted and entered as a Domestic Relations Order.
16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and
Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations
Order; provided, however, that no such amendment shall require SERS to provide any type or
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Page 5
form of benefit, or any option not otherwise provided by SERS, and further provided that no such
amendment or right of the Court to so amend will invalidate this existing Order.
17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations
Order and this Stipulation and Agreement and any attendant documents shall be served upon
SERS imznediately. The Domestic Relations Order shall take effect immediately upon SERS
approval and SERS approval of anY attendant documents and then shall remain in effect until
further Order of the Court.
V~HE1R~FORE, the parties, intending to be legally bound by the terms of this Stipulation
and Agreement, do hereunto place their hands and seals.
Plaintiff/Member
BY THE COURT
' DefendantTAlternate Payee
' At-~Jtorney for DefendantfAl~rna e y