HomeMy WebLinkAbout04-2489
JOHN A HOCKER
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04- ;;.4" Ctu~L~~
CIVIL ACTION - LAW
IN DIVORCE
LAURA A HOCKER
Defendant
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 judgement 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 divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available at: The Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013.
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.
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013-3308
(717) 249-3166
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. DI..J - ~ 4;>9' C'c.>~ C---r'i.tLW\..
JOHN A. HOCKER
Plaintiff
LAURA A. HOCKER
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTION 3301/C) or (0) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, John A. Hocker, by and through his attorney,
Mark K. Emery, Esquire, and files the following Complaint in Divorce and in support
thereof avers as follows:
1. Plaintiff is John A. Hocker, an adult individual who currently resides at 400 N. 2nd
Street, Wormleysburg, PA 17043.
2. Defendant is Laura A. Hocker, an adult individual who currently resides at 1710
Charles Street, New Cumberland, Pennsylvania 17070.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for
at least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on August 2, 1975 at Middletown,
Pennsylvania.
5. There have been no prior actions of divorce or annulment between the
pa rties.
6. The marriage is irretrievably broken.
7. The Defendant is not a member of the United States Army or its allies.
8. Plaintiff has been advised that counseling is available and that Plaintiff
may have the right to request the court require the parties to participate in
counseling, being so advised Plaintiff waives that right.
g. Plaintiff requests the Court to enter a Decree of Divorce pursuant to
Section 3301 (C) or 3301 (D) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a
Decree in Divorce pursuant to Section 3301 (C) or 3301 (D) of the Divorce Code.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
By:
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Mark K. Emery, Esquire -
Supreme Court J.D. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiff
DATE:
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VERIFICATION
J, John Hocker, hereby verify that J have read the foregoing Complaint
and that the information contained therein is true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are
subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to
authorities.
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, is made this 7~ day of ~k1U- ,2006, by
and between:
LAURA A. HOCKER, hereinafter referred to as Wife;
--AND--
JOHN A. HOCKER, hereinafter referred to as Husband;
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on August 2,1975, in
Middletown, Pennsylvania; and
WHEREAS, there is one child born of the marriage; namely: Daniel John
Hocker, born September 17,1988.
WHEREAS, diverse unhappy marital difficulties have arisen between the
parties causing them to believe that their marriage is irretrievably broken, as a
result of which they have separated and now live separate and apart from one
another, the parties being estranged due to such marital difficulties with no
reasonable expectation of reconciliation; and the parties hereto are desirous of
settling fully and finally their respective financial and property rights and
obligations as between each other, including without limitation by specification:
the settling of all matters between them relating to the ownership of real and
personal property; and in general, the settling of any and all claims and possible
claims by one against the other or against their respective estate, particularly those
responsibilities and rights growing out of the marriage relationship.
NOW THEREFORE, in consideration of the mutual promises, covenants
and undertakings hereinafter set forth and for other good and valuable
consideration, the receipt of which is hereby acknowledged by each of the parties
hereto, Husband and Wife, each intending to be legally bound, hereby covenant
and agree as follows:
1. SEPARATION
It shall be lawful for each party, at all times hereafter, to live separate and
apart from the other, at such place or places as he or she may, from time to time,
choose or deem fit. Each party shall be free from interference, authority or contact
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
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the other or attempt to endeavor to molest the other, nor compel the other to
cohabit with the other, or in any way harass or malign the other, nor in any way
interfere with the peaceful existence, separate and apart from the other.
Should a Decree, Judgment, or Order of separation or divorce be obtained by
either of the parties in this or any other state, country or jurisdiction, each of the
parties hereby consents and agrees that this Agreement and all of its covenants
shall not be affected in any way by any such separation or divorce; and that
nothing in any such Decree, Judgment, Order or further modification or revision
thereof shall alter, amend or vary any term of this Agreement, whether or not either
or both of the parties shall remarry, it being understood by and between the parties
hereto, that this Agreement shall survive and shall not be merged into any Decree,
Judgment, or Order of divorce or separation. It is specifically agreed however,
that a copy of this Agreement or the substance of the provisions thereof, may be
incorporated by reference into any Order of divorce, Judgment, or Decree. This
incorporation, however, shall not be regarded as a merger, it being the specific
intent of the parties to permit this Agreement to survive any Judgment and be
forever binding and conclusive upon the parties.
2. EFFECTIVE DATE
The effective date of this Agreement shall be the "date of execution" or
"execution date", defined as the date upon which it is executed by the parties if
they have each executed the Agreement on the same date. Otherwise, the "date of
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execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
3. MUTUAL RELEASE OF CLAIMS
Husband and Wife do hereby mutually remise, release, quit-claim or forever
discharge the other and estate of such other, for all time to come, and for all
purposes whatsoever, from any and all rights, title and interest, or claims in or
against the estate of such other, or whatever nature and wherever situate, which he
or she now has or at any time hereafter may have against such other, the estate of
such other or any part thereof, whether arising out of any former acts, contracts,
engagements, or liabilities of such other or by way of dower or curtesy, of claims
in the nature of dower or curtesy, or widow's or widower'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 or a surviving spouse to participate in a deceased
spouse's estate, whether arising under the United States, or any other country; or
any rights which either party may now have or at any time hereafter have for the
past, present, or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any provision
thereo f.
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It is the intention of Husband and Wife to gIve to each other, by the
execution of this Agreement, a full, complete and general release with respect to
any and all property of any kind or nature, real, personal, or mixed, which the other
now owns or may hereafter acquire, except, and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof.
4. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein shall
only take place on the "distribution date" which shall be defined as the date of
execution of the Divorce Decree, unless otherwise specified herein.
5. MUTUAL CONSENT/ADVICE OF COUNSEL
Husband and Wife acknowledge and understand the terms and conditions of
this Agreement, and Husband is represented by Mark K. Emery, Esquire, and Wife
is represented by Diane M. Dils, Esquire. Each party acknowledges that he or she
has received or has been given an opportunity to receive independent advice from
counsel of his or her selection and was fully informed as to his or her legal rights
and obligations.
Husband and Wife acknowledge that they fully understand the facts as to
their legal rights and obligations under this Agreement. Husband and Wife
acknowledge and accept that this Agreement is, under the circumstances, fair and
equitable and that it is being entered into freely and voluntarily, and that the
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execution of this Agreement is not the result of any collusion or improper or illegal
agreement or agreements.
6. FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial accuracy of the
financial disclosure of the other as an inducement to the execution of this
Agreement.
Notwithstanding the foregoing, the rights of either party to pursue a claim
for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any
interest owed by the other party in an asset of any nature at any time prior to the
date of execution of this Agreement that was not disclosed to the other party or his
or her counsel prior to the date of the within Agreement is expressly reserved. In
the event that either party, at any time hereafter, discovers such an undisclosed
asset, the parties shall have the right to petition the Court of Common Pleas of
Cumberland County to make equitable distribution of said asset.
The non-disclosing party shall be responsible for payment of counsel fees,
costs, or expenses incurred by the other party in seeking equitable distribution of
said asset.
7. DEBTS AND OBLIGATIONS
Husband represents and warrants to Wife that since February 23, 2004, he
has not, and in the future he will not contract OT incur any debt or liability for
which Wife or her estate might be responsible and shall indemnify and save Wife
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harmless from any and all claims or demands made against her by reason of such
debts or obligations incurred by him since the date of said separation, except as
otherwise set forth herein.
Wife represents and warrants to Husband that since February 23, 2004, 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 harmless from any and all claims or demands made against him by reason
of such debts or obligations incurred by her since the date of said separation,
except as otherwise set forth herein.
8. REAL ESTATE
Husband and Wife hereby acknowledge that they had previously owned real
estate as Husband and Wife, which was located at 1710 Charles Street, New
Cumberland, Cumberland County, Pennsylvania 17070. The parties hereto
acknowledge that said real estate was sold and the proceeds from said sale have
been satisfactorily divided between the two of them, one-half each.
9. PERSONAL PROPERTY
Except as set forth hereto, Husband and Wife have agreed that their personal
property has been divided to the parties' mutual satisfaction and neither party will
make any claims to the property possessed by the other, except as set forth hereto:
None.
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10. PENSION
Husband and Wife hereby acknowledge that Husband has a retirement
account with the State Employees Retirement System, said account having a
balance of $78,772.91 as of February 24, 2006. Husband and Wife further
acknowledge that Husband has two additional retirement accounts; namely: a
Vanguard IRA with an amount of $13,036.71 as of March 31, 2004, and an
Ameriprise IRA with an amount of$2,086.34 as of December 26,2005.
Husband and Wife hereby acknowledge that Wife has a State Employees
Retirement System account with a balance of $78,798.38 as of December 31, 2005,
a Deferred Compensation account through the Commonwealth of Pennsylvania
with a balance of $88,248.72 as of June 30, 2005, and a Vanguard IRA account
with a balance of $15,402.83 as of June 30, 2005.
Husband and Wife hereby acknowledge that Wife waives all of her right,
title, and interest in Husband's State Employees Retirement System account,
Vanguard IRA and Ameriprise IRA. Husband hereby waives all of his right, title,
and interest, in Wife's State Employees Retirement System account and Vanguard
IRA.
Husband and Wife hereby agree that the Deferred Compensation Account in
the name of Wife through the Commonwealth of Pennsylvania in the amount of
$88,248.72 shall be divided equally between the parties, one-half each. Such
division shall be accomplished under the direction of a Qualified Domestic
Relations Order or other mechanism as may be approved and/or required by the
Commonwealth of Pennsylvania. Wife hereby agrees that she shall cooperate with
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. .
the execution of any documents necessary to accomplish said transfer, and shall
execute such documents or take other such reasonable efforts necessary to
accomplish this transfer within ten (10) days of request. Husband shall be
responsible for the preparation of any and all documents necessary for the transfer
to occur. Husband shall have the option of transferring his share of said account
into another qualified account as a rollover, or should he choose to withdraw his
portion of said account. However, should Husband choose to withdraw his portion
of said account in a lump sum payment, if available to him, Husband will be
responsible for the payment of any and all penalties and/or taxes as a result of said
withdrawal.
II. WAIVER OF RIGHTS
The parties hereto fully understand their rights under and pursuant to the
Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998,
particularly the provisions for alimony pendente lite, spousal support, equitable
distribution of marital property, attorneys fees, and expenses. Both parties agree
that this Agreement shall conclusively provide for the distribution of property
under the said law and the parties hereby waive, release and forever relinquish any
further rights they may respectively have against the other for alimony, alimony
pendente lite, spousal support, equitable distribution of marital property, attorneys
fees, and expenses.
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.
12. WAIVER OR MODIFICATION TO BE IN WRITING
A modification or waiver of any of the tenns of this Agreement shall be
effective only if in writing, signed by both parties, and executed with the same
fonnality as this Agreement. No waiver of any breach hereof or default hereunder
shall be deemed a waiver of any subsequent default of the same or similar nature.
13. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and
all steps and execute, acknowledge and deliver to the other party, any and all future
instruments and/or documents that the other party may reasonably require for that
purpose of giving full force and effect to the provisions of the Agreement.
14. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit of the parties
hereto and their respective legatees, devises, heirs, executors, administrators,
successors, and assigns in the interest of the parties.
15. BREACH
If either party breaches any provision of this Agreement, the other party
shall have the rights, at his or her election, to sue in law or in equity to enforce any
rights and remedies which the party may have, and the party breaching this
Agreement shall be responsible for payment of attorneys fees and all costs incurred
by the other in enforcing his or her rights under this Agreement.
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16. LAW OF PENNSYL VANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
17. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs/provisions and
sub-paragraphs hereof, are inserted solely for convenience of reference and shall
not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
18. DIVORCE
The parties hereto acknowledge that their marriage is irretrievably broken.
The parties further agree to execute the necessary Affidavits of Consent and
Waiver of Counseling, and Waiver of Notice ofIntent to Request Entry of Divorce
Decree upon request so that the divorce may become finalized. The parties further
agree and acknowledge that this Property Settlement Agreement shall be
incorporated into said Decree in Divorce; however, shall not merge therewith.
The parties agree to take all legal steps (including the timely and prompt
submission of all documents and the taking of all actions) necessary to assure that a
divorce pursuant to 23 Pa.C.S.A. S330l of the Divorce Code is entered as soon as
possible. In particular, the parties, within ten (10) days of the date of the
Agreement, will execute and deliver to Wife's counsel all documents necessary to
obtain a final divorce decree. Within ten (10) days thereafter, Wife's counsel shall
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cause to be filed with the court of Common Pleas a Praecipe to Transmit Record
and all other required documents necessary to have a final Decree in Divorce
issued by the Court.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first above written.
~~a) tA. d~f<Y--A...(SEAL)
LA RA A. HOCKER
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Witness
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(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the o?)TYL-day 0
, 2006, before me, a Notary Public,
the undersigned officer, personal appeared LAURA A. HOCKER, 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.
MyCoimnis5ion Ex
I}'T WITNESS WHEREOF, I have hereunto set my hand and official seal.
44Q~
Notary Public
IOlARtAL SEAL
irer A. RKE, MIlIARY PUIUC
er 'If.RRISlI:O-lDII1. M
11'/ COIIIIISSIOII EII'l oct 2'- 20lII
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the 7 fh day of -81 1 ~ , 2006, before me, a Notary Public,
the undersigned officer, personally appeared JOHN A. HOCKER, known to me or
satisfactorily proven to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same for the purposes therein
contained.
My commission expires: S -I -.;(00 ~
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Ch~rX ~
Notary Public
~LTH OF PENNSYLVANIA
NOTARIAL SEAL
CHRISTINA. L. KEIM, Notllly Public
City of Hamsburg, Dauphin County
My Commission Expires May 1, 2008
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JOHN A. HOCKER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
No. 04-2489 Civil Term
LAURA A. HOCKER,
Defendant
CIVIL ACTION - LAW
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: Irretrievably broken under Section (X) 330l(c) or
( ) 3301 (d) of the Divorce Code. (Check applicable section)
2. Date and manner of service of the Complaint in Divorce: By certified
mail on June 22, 2004.
3. [Complete either Paragraph (a) or (b).]
(a) Date of execution of Affidavit of Consent required by Section
330l(c) of the Divorce Code by Plaintiff, June 7, 2006; by
Defendant, June 28, 2006.
(b) Date of execution of Plaintiffs affidavit required by Section 330 1
(d) of the Divorce Code: N/A; Date of service of Plaintiffs
affidavit upon Defendant: NI A.
.
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4. Date of service of Notice of Intent to Finalize under Section 3301(d) of
the Divorce Code: N/ A;
5. Date of filing of Waiver of Notice ofIntent to Finalize by Plaintiff: June
28,2006; by Defendant: June 29, 2006.
6. Related Claims Pending: None.
Respectfully submitted,
i ne M. Di1s, Esquire
1400 North Second Street
First Floor, Front
Harrisburg, P A 17102
(717) 232-9724
LD. No. 71873
Date: June 28, 2006
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JOHN A. HOCKER
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-2489
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
LAURA A. HOCKER
Defendant
I, Mark K. Emery, Esquire do hereby certify that on June 22,2004 I served
the Complaint in Divorce upon Defendant Laura A. Hocker by mailing a true and
correct copy via United States first class mail, certified and restricted delivery, as
evidenced by the receipt card attached hereto as Exhibit "A".
LAW OFFICES OF MARK K. EMERY
By:
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Mark K. Emery
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. CQIllplete ijems 1, 2, and 3. Also cQIllplete
118m 4 ~ Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can retum the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
,. Artic~ Addressed to:
La", rq flo"ker
1110 c.hQrlt~ Sireei
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no to
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PS FOnl1 3811 , August 2001
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B.
D. Is delivery address different from item 1?
If YES, enter delivery address below:
3. ~ice Type
Jl Certified Mail 0 Express Mail
D Registered D Return Receipt for Merch~
D InsulOd Man D C.O.D.
4. _..lOd~""F..) .....
7003 1680 0006 5638 0207
10259S-Q2.M.1035
Domestic Return Receipt
EXHIBIT "A"
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JOHN A. HOCKER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
No. 04-2489 Civil Term
LAURA A. HOCKER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on July 2, 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 in 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 made herein are made subject to the penalties of
18 Pa. C.S. ~4904, relating to unsworn falsification to authorities.
Date:
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c;::1john A. Hocker, Plaintiff
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JOHN A. HOCKER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 04-2489 Civil Term
LAURA A. HOCKER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301(c) 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 Waiver are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. g4904 relating to unsworn falsification to authorities.
Date: ~~~b
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pI' John A. Hocker, Plaintiff
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JOHN A. HOCKER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
No. 04-2489 Civil Term
LAURA A. HOCKER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on July 2, 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 in 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 made herein are made subject to the penalties of
18 Pa. C.S. ~4904, relating to unsworn falsification to authorities.
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Laura A. Hocker, Defendant
Date:
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JOHN A. HOCKER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 04-2489 Civil Term
LAURA A. HOCKER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301(c) 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 Waiver are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. S4904 relating to unsworn falsification to authorities.
Date:
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LAW OFFICES OF DILS & DILS
DIANE M. DILS, ESQUIRE
Attorney I.D. No. 71873
1400 North Second Street, First Floor, Front
Harrisburg, PA 17102
Telephone No. (717) 232-9724
Attorney for Defendant, Laura A. Hocker
JOHN A. HOCKER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
No. 04-2489 Civil Term
LAURA A. HOCKER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this 11~ day of 1'0\'( ,2006, upon
presentation and consideration of the within Agreement, it is hereby ORDERED
that the Agreement attached hereto is incorporated herein and made an Order of
this Court; said Agreement dated June 7, 2006.
BY THE COURT:
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Distribution:
Diane M. Dils, Esquire, 1400 North Second Street, Harrisburg, PA 17102 '( C~ ~
Mark K. Emery, Esquire, 410 North Second Street, Harrisburg, PA 17101J 7/711)(,
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
JOHN A. HOCKER.
PENNA.
STATE OF
Plaintiff
No. 2004-24RQ r.ivi' Tpl"ffi
VERSUS
if.
LAURA A. HOCKER,
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Defendant
DECREE IN
DIVORCE
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, 1~bCo, IT IS ORDERED AND
AND NOW,
DECREED THAT
JOHN A. HOCKER
, PLAI NTI FF,
LAURA A. HOCKER
AND
, DEFENDANT,
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 WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
See Property Settlement Agreement attached hereto.
By THE COURT:
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PROTHONOTARY
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OCT 1 8 2006
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JOHN A. HOCKER
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V5.
NO. 04-2489
LAURA A. HOCKER CIVIL ACTION - LAW
Defendant IN DIVORCE
AND NOW, this r)o 'tk- day of {j~, 2006, IT IS HEREBY
ORDERED, ADJUDGED AND DECREED:
1. Parties: The parties hereto were husband and wife, and a divorce action is in this
Court at the above number. This Court has personal jurisdiction over the parties.
The parties were married on August 2, 1975 and divorced on July 7,2006.
2. Participant Information: The name, last known address, Social Security number
and date of birth of the Plan "Participant" are:
Laura A. Hocker
1707 Creek Vista Drive
New Cumberland, PA 17070
Social security Number 207~44-570l
3. Alternate Payee Information: The name, last known address, and Social Security
number of the "Alternate Payee" are:
John A. Hocker
1328 Sugar Maple Road
New Cumberland, PA 17070
Social Security Number 202-42-5475
The Alternate Payee shall have the duty to notifY the Plan Administrator in
writing of any changes in mailing address subsequent to the entry of this Order,
4. Plan Name: The name of the Plan to which this Order applies is the
1
Commonwealth of Pennsylvania Deferred Compensation Program (hereinafter
referred to as "Plan").
Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall
not affect Alternate Payee's rights as stipulated under this Order.
5. Effect of this Order as a Qualified Domestic Relations Order: This Order
creates and recognizes the existence of an Alternate Payee's right to receive a
portion of the Participant's benefits payable under an employer-sponsored defined
contribution plan under section 457(b) ofthe Internal Revenue Code (the "Code").
6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to
the authority granted in the applicable domestic relations laws of the
Commonwealth of Pennsylvania.
7. Provisions of Marital Property Rights: This Order relates to the provision of
marital property rights as a result of the Order of Divorce between the Participant
and the Alternate Payee,
8. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee
an amount of Forty Four Thousand One Hundred Twenty Four and 361100
($44,124.36) Dollars of the Participant's Total Account Balance as of the date this
Order is processed (or the closest valuation date thereto). Further, such Total
Account Balance shall include all amounts maintained under all of the various
accounts and/or sub-accounts established on behalf of the Participant. Such Total
Account Balance shall be determined after the account is reduced by the
outstanding balance ofthe Participant's account reduction loan(s) as of the
2
valuation date. The obligation to repay any Participant Plan loan(s) from and after
the date of this Order remains solely with the Participant.
The Alternate Payee's portion of the benefits described above shall be
allocated on a prorata basis from all of the accounts and/or investment options
maintained under the Plan on behalf of the Participant. Such benefits shall also be
segregated and separately maintained in a nonforfeitable Accounts(s) established
on behalf of the Alternate Payee. This Account(s) will initially be established in the
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same fund mix percentages as the Participant account.
9. Commencement Date and Form of Payment to Alternate Payee: If the
Alternate Payee so elects, the benefits shall be paid to the Alternate Payee as soon
as administratively feasible following the date this Order is approved as a QDRO
by the Plan Administrator, or at the earliest date permitted under the terms of the
Plan or section 414(p) of the Code, if later. Benefits will be payable to the
Alternate Payee in any form of permissible option otherwise available to
participants under the terms of the Plan, except a joint and survivor payment. The
Alternate Payee will be responsible for paying any applicable withdrawal charges
imposed under any investment account(s) with respect to his or her share under the
plan.
10. Alternate Payee's Rights and Privileges: On and after the date that this Order is
deemed to be a QDRO, but before the Alternate Payee receives a total distribution
under the Plan, the Alternate Payee shall be entitled to all of the rights and election
privileges that are afforded to Plan beneficiaries, including but not limited to, the
3
rules regarding the right to designate the Alternate Payee's Estate as beneficiary
for death benefit purposes and the right to direct Plan investments, only to the
extent permitted under the provisions of the Plan.
11. Death of Alternate Payee: In the event of the Alternate Payee's death prior to
receiving the full amount of benefits assigned under this Order and under the
benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits
under the terms of this Order shall be paid to the Alternate Payee's Estate. The
Alternate Payee may not designate a beneficiary other than his or her Estate.
12. Death of Participant: Should the Participant predecease the Alternate Payee,
such Participant's death shall in no way affect the Alternate Payee's right to the
portion of the benefits as stipulated herein.
13. Savings Clause: This Order is not intended, and shall not be construed in such a
manner as to require the Plan:
a. to provide any type or form of benefits or any option not otherwise
provided under the Plan;
b. to provide increased benefits to the Alternate Payee;
c. to pay any benefits to the Alternate Payee which are required to be paid to
another alternate payee under another order previously determined to be a
QDRO; or
d. to make any payment or take any action which in inconsistent with any
federal or state law, rule, regulation or applicable judicial decision.
14. Certification of Necessary Information: All payments made pursuant to this
4
Order shall be conditioned on the certification by the Alternate Payee and the
Participant to the Plan Administrator of such information as the Plan Administrator
may reasonably require from such parties.
15. Continued Qualified Status of Order: It is the intention of the parties that this
QDRO continue to qualify as a QDRO under section 414(p) of the Code, as it may
be amended from time to time, and that the Plan Administrator shall reserve the
right to reconfirm the qualified status of the Order at the time benefits become
payable hereunder.
16. Tax Treatment of Distributions Made Under This Order: For purposes of
sections 402( a)( 1) and 72 of the Code, or any successor Code section, any
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Alternate Payee who is the spouse or former spouse of the Participant shall be
treated as the distributee of any distribution or payments made to the Alternate
Payee under the terms of this Order, and as such, will be required to pay the
appropriate federal income tax on such distribution.
17. Parties Responsibilities in Event of Error: In the event that the Plan
inadvertently pays the Participant any benefits that are assigned to the Alternate
Payee pursuant to the terms of this Order, the Participant shall immediately
reimburse the Alternate Payee to the extent that the Participant has received such
benefit payments by paying such amounts directly to the Alternate Payee within ten
(10) days ofreceipt.
In the event that the Plan inadvertently pays the Alternate Payee any
benefits that are to remain the sole property of the Participant pursuant to the
5
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terms of this Order, the Alternate Payee shall immediately reimburse the
Participant to the extent that the Alternate payee has received such benefit
payments by paying such amounts directly to the Participant within ten (10) days
of receipt.
18. Effect of Plan Termination: In the event ofa Plan termination, the Alternate
Payee shall be entitled to receive his or her portion of the Participant's benefits as
stipulated herein in accordance with the Plan's termination provisions for
participants and beneficiaries.
19. Continued Jurisdiction: The Court retains jurisdiction over this matter to amend
this Order to establish or maintain its status as a Qualified Domestic Relations
Order under Code section 414(p), as amended and the original intent of the parties
as stipulated herein. The Court shall also retain jurisdiction to enter such further
orders as are necessary to enforce the assignment of benefits to the Alternate
Payee as set forth herein.
20. Notice of Pending Retirement: In the event that the terms of the Plan require the
Alternate Payee to wait until the Participant's actual date of termination of
employment or retirement before becoming eligible to receive a distribution, then
the Participant shall be required to notify the Alternate Payee, in writing, within ten
(10) days following such termination of employment or retirement. The notice
shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall
notify the Participant of any changes in mailing address.
21. Fee: A processing fee of$250.00 shall be charged one-half ($ 125.00) against the
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Alternate Payee's account and one-half ($125.00) against the Participant's
remaining account. In the event that the Alternate Payee is awarded 100% of the
Participant's account balance as of the date this Order is processed pursuant to this
Order, the entire processing fee shall be charged to the Alternate Payee's account.
If there are not sufficient funds in either party's account to pay that party's
respective share of the fee, the difference shall be charged to the account of the
other party.
SO STIPULATED BY THE PARTIES:
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Laura A. Hocker, Participant
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BY THE COURT:
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