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HomeMy WebLinkAbout02-3061Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEAN A. HENGST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. BRUCE D. HENGST, CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEAN A. HENGST, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ©.Z -J OW ?lc,t_l ?_ _ l? BRUCE D. HENGST, CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Jean A. Hengst, an adult individual residing at 41 Village Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Bruce D. Hengst, an adult individual residing at 807 Poplar Street, P.O. Box 70 Millerstown, Petry County, Pennsylvania 17062. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on Apri 112, 1969 in Oberlin, Kansas. 5. There are no minor children born of this marriage. 6. The parties separated on July 25, 1998. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor 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. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301(d) of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Jean A. Hengst, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and reasonable. Dated: 2002 Barbara'Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEAN A. HENGST, Plaintiff V. BRUCE D. HENGST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unworn falsification to authorities. Dated: 41111& a, 1/i t e ? ??rzf AN A. HENGST Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEAN A. HENGST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. BRUCE D. HENGST, : CIVIL ACTION -LAW Defendant : IN DIVORCE VERIFICATION I, Jean A. Hengst, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: !y oa '2002 " ru d. J 66n A. Hengst Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEAN A. HENGST, Plaintiff V. BRUCE D. HENGST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3061 CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 00283892 4759, Return Receipt Requested, on the above-named Defendant, Bruce D. Hengst, on July 13, 2002 at Defendant's last known address: 807 Poplar Street, P.O. Box 70, Millerstown, PA 17062. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Dated: July, 2002 Attorney for Plaintiff 13arOara crumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 n^ U7 M1 TOM PA J W ? Postage $ lor m Certified Fee Return Receipt Fee :1 00 (Endorsement Required) .75 0U O Restricted Delivery Fee (Entlorsement Required) :•;•? G Total Postage & Fees ?,3$ fk7• .---- E XHIBIT "Alf .. r; --, G ? 3 ' ? -- C?? _ ?O ?? ? y ?? ? y y`C ^ •• ? ?' ? - w _• N Z L Ca C t Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel For Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEAN A. HENGST Plaintiff V. BRUCE D. HENGST Defendant To the Prothonotary: NO. 02-3061 Civil Term : CIVIL ACTION - DIVORCE PRAECIPE Please enter the appearance of Theresa Barrett Male, Esquire on behalf this proceeding. of Defendant in Date: August 14, 2002 Theresa Barrett Male, Equire ?? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEAN A. HENGST, Plaintiff V. BRUCE D. HENGST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3061 CIVIL ACTION -LAW IN DIVORCE PETITION RAISING MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980 AND NOW, this J7 day of December, 2002, comes Plaintiff, JEAN A. HENGST (hereinafter referred to as "PETITIONER"), by and through her attorney, Barbara Sumple-Sullivan, Esquire and files this Petition Raising Marital Claims Under the Divorce Code of 1980 and in support thereof states as follows: 1. A Complaint in Divorce was filed on June 25, 2002, raising the action under the Divorce Code Section 3301(C) and 3301(D) of the Divorce Code. 2. Petitioner is the Plaintiff in the above action and seeks to add the following claims to this proceeding: 1 I. ATTORNEYS FEES AND COSTS: Petitioner requests the Court order Defendant to pay reasonable counsel fees, costs and expenses of Petitioner in this action pursuant to Section 3702 ofthe Divorce Code of 1980, together with any amendments thereto. II. ALIMONY, ALIMONY PENDENTE LITE & SUP12ORT Petitioner requests the Court to enter an order granting alimony, alimony pendente lite and support to your Petitioner as the Court deems reasonable pursuant to Section 3701 of the Divorce Code of 1980, together with any amendments thereto. Petitioner requires reasonable support and maintenance to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Petitioner requests your Honorable Court to equitably divide all marital property as the Court deems appropriate, enter an award of alimony, enter an award of alimony pendente lite, support, interim counsel fees and expenses until final hearing, and thereupon award such additional counsel fees, costs and expenses as deemed appropriate and enter an award of alimony. DATE: December 17, 2002 ?-- arbara Surnple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 2 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEAN A. HENGST, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-3061 BRUCE D. HENGST, CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I, JEAN A. HENGST, hereby certify that the facts set forth in the foregoing PETITION RAISING MARITAL CLAIMS are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: /?2/a/aa Yean A. Hengst Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEAN A. HENGST, Plaintiff V. BRUCE D. HENGST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3061 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the foregoing PETITION RAISING MARITAL CLAIMS, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Dated: ?` Barbara Sumple•-Sullivan, Esquire lJ ? ?? ?, p ? . ?"` 7 `_ t. 4`) ? _ ? rrr ? `.? 7 _ Cat, ?? '?`i '? ? ? ?_. r A ?j +?J ??_ ;? _`_ .'+'t =? -. 1 ?-J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEAN A. HENGST, Plaintiff V. BRUCE D. HENGST Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law NO. 02-3061 PETITION FOR ALIMONY PENDENTE LITE 1. Plaintiff is JEAN A. HENGST residing at 41 Village Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is BRUCE D. HENGST residing at 807 Poplar Street, Millerstown, Perry County, Pennsylvania 17062. 3. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through appropriate employment. 4. Defendant has sufficient assets to provide continuing support for Plaintiff. 5. Defendant has sufficient assets to provide alimony pendente lite for Plaintiff WHEREFORE, Plaintiff requests the Court to enter an Order awarding her alimony pendente lite pursuant to 23 Pa. C.S.A. 3702. Respectfully submitted, DATE: March. , 2003 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 JEAN A. HENGST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Civil Action -Law BRUCE D. HENGST Defendant NO. 02-3061 VERIFICATION I, JEAN A. HENGST, hereby certify that the facts set forth in the foregoing PETITION FOR ALIMONY PENDENTE LITE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. 34904 relating to unsworn falsification to authorities. DATED: 131-101,03 ? e5i_ SA42? AN A. HENGST JEAN A. HENGST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action -Law BRUCE D. HENGST NO. 02-3061 Defendant CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing PETITION FOR ALIMONY PENDENTE LITE in the above- captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, Pa 17101 DATED: ? /o a Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 r CJ` --? ) ? /. _ -C} ? ' e. f"i': ? i.. -v 'J C' ' _ _ C?" ? C: r. ?: _ _ ,_, .? _? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEAN A. HENGST, Plaintiff V. BRUCE D. HENGST Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law NO. 02-3061 DRS ATTACHMENT FOR APL PROCEEDINGS PET ITIONER NAME Jean A. Hen st ADDRESS 41 Village Court Mechanicsburg, Pa 17055 BIRTH DATE May 7, 1948 SOCIAL SECURITY NUMBER 509-54-0760 HOME PHONE 717 728-3384 WORK PHONE 717 697-9494 EMPLOYER NAME Pastucka, Sauve Dental Associates EMPLOYER ADDRESS 6103 Carlisle Pike Mechanicsburg, Pa 17050 JOB TITLE/POSITION Dental Assistant - Receptionist DATE EMPLOYMENT COMMENCED October 18, 1997 GROSS PAY $23,263.00 Annual NET PAY OTHER INCOME None ATTORNEY'S NAME Barbara Sum le-Sullivan, Esquire ATTORNEY'S ADDRESS 549 Bridge Street, New Cumberland, PA 17070 ATTORNEY'S PHONE NUMBER 717 774-1445 RESPONDENT NAME Bruce D. Hen st ADDRESS 807 Poplar Street PO Box 70 Millerstown, Pa 17062 BIRTH DATE October 29, 1943 SOCIAL SECURITY NUMBER 189-34-5816 HOME PHONE 717 589-3417 WORK PHONE EMPLOYER NAME Pennsylvania Department of Transportation Commonwealth of Pennsylvania EMPLOYER ADDRESS Penn Dot Harrisburg, Pa 17120 JOB TITLE/POSITION Cost Estimator DATE EMPLOYMENT COMMENCED 1973 GROSS PAY $58,630.00 NET PAY OTHER INCOME Unknown ATTORNEY'S NAME Theresa Barrett Male ATTORNEY'S ADDRESS 513 North Second Street Harrisburg, Pa 17101 ATTORNEY'S PHONE NUMBER 717 233-3220 MORTGAG E INFORMATION DATE OF MARRIAGE Aril 12, 1969 PLACE OF MARRIAGE Oberlin, Kansas DATE OF SEPARATION Jul 25, 1998 ADDRESS OF LAST MARITAL HOME 807 Poplar Street, P.O. Box 70 Millerstown, PA. 17062 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Petition Raising Marital Claims Under The Divorce Code Of 1980 DATE APL DOCUMENT FILED December 19, 2002 C> C) C t -Ti 1.i -?' - CT7 , y. JEAN A. HENGST, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2002-3061 CIVIL TERM BRUCE D. HENGST, IN DIVORCE Defendant/Respondent Pacses# 431105371 ORDER OF COURT AND NOW, this 21" day of April, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on May 2l. 2003 at 9.00 A .M for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 4-24-03 to: < Respondent Barbara Sumple-Sullivan, Esquire Theresa Barrett-Male, Esquire Date of Order: April 24, 2003 Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 C.- r Ct xa. - < i (?'1 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JEAN A. HENGST ) Docket Number 02-3061 CIVIL Plaintiff ) vs. ) PACSES Case Number 431105371 BRUCE D. HENGST ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A CONFERENCE You, JEAN A. HENGST plaintiff/defendant of 41 VILLAGE CT, MECHANICSBURG, PA. 17050-9166-41 o Gp are ordered to appear at CUMBERLAND CO DRS mr3*?r?-? --4?, w 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 ynd -n -n G?m C5 before a conference officer of the Domestic Relations Section, on the 4 CD -? N w t 3RD DAY OF JULY, 2003 at 9: ooAM for a conference, after which the conference officer may recommend that an order be entered. This date replaces the prior conference date of MAY 21, 2003 You are further required to bring to the conference: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-513 Service Type M Worker ID 21205 MN AWI NMdd 1. , .4 89 :c !,!J V V W'o ? 1l 1 HENGST v. HENGST PACKS Case Number: 431105371 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: MAI i5 V LA 1 i (&4 , 6. 64'/6ES/ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. Service Type M Form CM-513 Worker ID 21205 ?f ?? ?? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JEAN A. HENGST ) Docket Number 02-3061 CIVIL Plaintiff ) VS. ) PACSES Case Number 431105371 BRUCE D. HENGST ) Defendant ) Other State ID Number Order AND NOW to wit, this JULY 3, 2003 it is hereby Ordered that: THAT THE CONFERENCE SCHEDULED ON THIS DATE IS CONTINUED GENERALLY AND MAY BE CALLED BY EITHER PARTY. DRO: RJ Shadday xC: Plaintiff defendant Barbara Sunple-Sullivan, Esquire Theresa Barrett-Male, Esquire Milli-ED Service Type M BY THE COURT: T?C"111 Edgar B. Bayley JUDGE Form OE-001 Worker ID 21005 0 C-) O C-- _M:0 rnin zc ; V CC r ? ? -.. ; . L n r7l JEAN A. HENGST, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2002-3061 CIVIL TERM IN DIVORCE BRUCE D. HENGST, Defendant/Respondent pacses# 4311053'11 ORDER OF COURT AND NOW, this 2"d day of October, 2003, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees and request for a reschedule date, it is hereby directed that the parties and their respective counsel appear before R J Shaddav on November 5. 20()3 at 9:00 A.M. fora conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 10-02-03 to: < Respondent Barbara Surnple-Sullivan, Esquire A Theresa Barrett-Male, Esquire ?/,?` Date of Order: October 2, 2003 R. J. S adday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 ?C :.? ::ern "G N In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JEAN A. HENGST ) Docket Number 02-3061 CIVIL Plaintiff ) VS. ) PACSES Case Number 431105371 BRUCE D. HENGST ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 5TH DAY OF NOVEMBER, 2003 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other REQUEST FOR APL CONFERENCE filed on MARCH 26, 2003 in the above captioned matter is dismissed without prejudice due to: THE PARTIES REACHING A COMPREHENSIVE RESOLUTION TO THE DIVORCE ISSUES AND PETITIONER WITHDRAWING HER REQUEST FOR AN ALIMONY PENDENTE LITE CONFERENCE. O The Complaint of Petition may be reinstated upon written application of the plaintiff petitioner. j o= ?+ waQ BY THE COURT: W VZ t WN oU v 1 JUDGE Form OE-506 Service Type M Worker ID 21005 0 c v ?t D? '> _ w :.a ` c ai o t In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JEAN A. HENGST ) Docket Number 02-3061 CIVIL Plaintiff ) Vs. ) PACSES Case Number 431105371 BRUCE D. HENGST ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 5TH DAY OF NOVEMBER, 2003 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other REQUEST FOR APL CONFERENCE filed on MARCH 26, 2003 in the above captioned matter is dismissed without prejudice due to: THE PARTIES REACHING A COMPREHENSIVE RESOLUTION TO THE DIVORCE ISSUES AND PETITIONER WITHDRAWING HER REQUEST FOR AN ALIMONY PENDENTE LITE CONFERENCE. Q The Complaint or, Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: JUDGE Service Type M Form OE-506 Worker ID 21005 ° o c a rnr1 c , r Lo _C V -c C7 -< MARITAL SETTLEMENT AGREEMENT Jean A. Hengst v. Bruce D. Hengst Court of Common Pleas of Cumberland County Docket # 02 - 3061 Civil Term Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, Pennsylvania 17101 717) 233-3220 Counsel for Defendant TABLE OF CONTENTS Recitals 1 11. Separation 2 12. Waiver of Rights and Mutual Releases 2 13. Effect of Divorce 3 14. Date of Execution 3 15. Headings 3 16. Severability 3 17. Additional Instruments 4 18. Agreement Binding on Heirs 4 19. Integration 4 110. Modification 4 111. No Waiver of Default 4 112. Applicable Law 5 1113. Attorneys Fees for Enforcement 5 114. Voluntary Execution 5 415. Disclosure of Assets 5 116. Parties' Debts 6 117. Advice of Counsel 6 1 18. Equitable Distribution 7 '119. Cash Payment 10 120. Support and Alimony 20 121. Counsel Fees 11 122. Tax Consequences 11 MARITAL SETTLEMENT AGREEMENT This Agreement is entered into on October 2003 between Bruce D. Hengst ("Husband") and Jean A. Hengst ("Wife"). RECITALS Wife's Birthdate and Social Security #: 05/07/48 509-54-0760 Husband's Birthdate and Social Security #: 10/29/43 189-34-5816 Date of Marriage: April 12, 1969 Place of Marriage: Oberlin, Kansas Last Marital Residence: 807 Poplar Street, Millerstown, Dauphin County, Pennsylvania Children: Tina M. 10/16/69 Daniel S. 01/17/73 Tracey Ann 12/27/74 Pending Court Actions: Hengst v. Hengst # 02-3061 Civil Term The parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; child custody and child support, if applicable; and any and all claims which either party has, or may have, against the other or the other's estate. 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, Wife and Husband, each intending to be legally bound, hereby covenant and agree to the terms set forth in this agreement. 11- SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other partys interference, authority and control. Neither party shall harass the other or attempt to harass the other, nor compel the parties' cohabitation. 7 2 - 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 estates from any and all rights, claims demands or obligations 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 of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an 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, equitable distribution of marital property, counsel fees or expenses. 2 1 3 - EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this agreement as provided in section 3105(a) of the Divorce Code. As provided in section 3105(c), provisions of this agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with executing this agreement, the parties shall sign affidavits consenting to the divorce, and waivers of notice of intent to request entry of the divorce decree. Wife shall file these documents and the others required for entry of the divorce decree within ten (10) days of the execution date of this agreement. 14 - DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution" or "execution date" shall be the date on which the last party signed this Agreement. 15 - HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. J 6 - SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If a court declares any term, condition, clause or provision of this agreement void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken. In all other respects, this agreement shall be valid and continue in full force, effect and operation. 3 1 7 -ADDITIONAL INSTRUMENTS Within ten (10) days after a request to do so, each party shall execute, acknowledge and deliver to the other any and all instruments, assignments, releases, satisfactions, deeds, notes or other writings that may be necessary to give full force and effect to this agreement. 18 -AGREEMENT 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. 19 - 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 this agreement. 910 - 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. 7 11- NO WAIVER OF DEFAULT Either partys failure to insist upon strict performance of any term of this agreement shall in no way affect the right of that party to enforce the term. 4 1 12 - APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 113 - ATTORNEY& FEES FOR ENFORCEMENT The breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this agreement, providing that the enforcing parry is successful in establishing that a breach has occurred. 1 14 - VOLUNTARY EXECUTION Each parry understands the terms and conditions of this agreement and acknowledges that the agreement is fair and equitable. The parties have reached this agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. 1 15 - DISCLOSURE OF ASSETS Each parry has had an opportunity to discuss with counsel the concept of marital property under Pennsylvania law and the right to seek discovery under the Divorce Code and the rules of civil procedure; and the right to have the real estate, personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth. Each party confirms that there has been disclosure to the other of such income, assets and liabilities. Each party waives any right to further disclosure, valuation, enumeration or 5 statement of income, assets or liabilities. Neither party desires to make or append to this agreement any additional enumeration or statement. Neither party shall sue the other parry or that party's heirs, executors, administrators or assigns, alleging denial of any right to full disclosure, or fraud, duress, undue influence or failure to have available full, proper and independent representation by legal counsel. If either party subsequently discovers any property interest not identified in this agreement, that property shall be divided equally. If, however, one party knowingly concealed or misrepresented the existence of the property, then that property shall become the sole and separate property of the other. The concealing party shall pay all costs associated with the failure to disclose, including but not limited to costs, counsel fees and expenses. 1 16 - WIFE'S AND HUSBAND'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 from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 1 17 - ADVICE OF COUNSEL Both parties have received independent legal advice from counsel. They have been informed fully as to their legal rights and obligations, including all rights available to her under 6 the Divorce Code and other applicable laws. 1 18 - EQUITABLE DISTRIBUTION 1. Real Estate The parties own as tenants by the entireties improved real estate located at 807 Poplar Street, Millerstown, Perry County, Pennsylvania ("marital residence"). Concurrently with execution of this agreement, Wife shall execute and deliver to Husband a deed conveying to Husband her right, title and interest in and to the property, under and subject to all encumbrances and liens of record. Husband shall prepare and record the deed as part of his refinance of the joint mortgage. Husband represents and warrants to Wife that the Juniata Valley Bank has pre-approved him for financing, and that settlement on the refinancing will occur before October 31, 2003, ..t^ bJD Prior to executing this agreement, the parties sold 9.9 acres of unimproved real estate located in Bedford County. They will divide the net proceeds 58% to Wife and 42% to Husband. "Net proceeds" is the sales price minus brokers' and realtors' fees, transfer taxes, settlement costs and seller's expenses, including joint encumbrances. No other expenses or costs are included in the definition of net proceeds. 2. Investments and Other Accounts Prior to executing this agreement, the parties distributed the monies in all joint bank, money market, and similar accounts. Each party waives any claims to the funds retained by 7 the other party. Each party also waives all claims in and to the funds maintained during the marriage in individual accounts. Wife shall retain the shares of First National Bank stock currently titled in joint names. The parties' daughter, Tina, shall retain the First National Bank stock currently held in her name and Husband's name. 3. Life Insurance Policies Each party waives all claims, if any, in and to the cash and surrender values of any life insurance policies which the other acquired during the marriage. Husband shall maintain Wife as beneficiary of his Prudential Life Insurance policy #24 794 298, which has a face amount of $10,000.00, in an amount sufficient to fund the remaining alimony obligation in the event of Husband's death. 4. Pension and Retirement Benefits Pursuant to an Approved Domestic Relations Order to be prepared at Husband's expense by Harry M. Leister, Jr., FSA, Wife shall receive fifty-eight percent (58%) of the marital portion of Husband's State Employees' Retirement System benefit, subject to a separate interest in the benefit and to any pre-retirement death benefit. The marital portion of Husband's benefit is the monthly annuity earned from the date on which Husband became a member of SERS, October 10, 1974, to the date of separation, July 14, 1998. Wife waives all claims in and to the balance of this benefit. Wife also waives all claims in and to the marital portion of Husband's PSECU IRA, which Husband shall retain. Husband waives all claims in and to the marital portion of Wife's AIM 8 Funds rollover IRA, which Wife shall retain. 5. Tangible Personalty Husband will retain sole and exclusive possession of all property currently in his possession with the exception of the following items reserved to Wife: dining room table, 8 chairs, table, and hutch; Noritake china; 5-piece silver-plated silverware set; spool shelf; and Holm Dahl dresser. Wife shall retain sole and exclusive possession of all property currently in her possession. Neither party shall make any claim to the personal property maintained by the other pursuant to this paragraph, or to any property which the other party acquired after separation. If Certificates of Title must be transferred to effect the provisions of this paragraph, the parties shall do so within fourteen (14) days of the date of the execution of this agreement, or as soon as the lienholder(s) will allow. If the lienholder insists that the lien(s) be satisfied before transfer of the Certificate of Title, then the parties shall do so within fourteen (14) days of either party's receipt of the satisfied title. 6. Joint Debts and Liabilities The only joint debt incurred during the marriage and unsatisfied as of the execution date of this agreement is the Juniata Valley Bank mortgage, which they incurred in 1999 after they separated. Prior to executing this agreement, Husband applied to refinance this mortgage. From the refinanced mortgage, Husband shall satisfy the current mortgage and pay Wife cash in the amount of $34,400.00, as more particularly set forth below in paragraph 19. 9 Each parry warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. T 19 - CASH PAYMENT In conjunction with refinancing the mortgage on the marital residence, Husband shall pay to Wife the sum of $34,400.00. This payment is part of Wife's equitable distribution of marital assets and shall not be treated as alimony for federal income tax purposes. 1 20 - SPOUSAL SUPPORT, APL AND ALIMONY Spousal Support Each party waives all claims to spousal support from the other. Alimony Pendente Lite Wife acknowledges that Husband has paid her alimony pendente lite ("apl") totaling $1,500.00 in 2003. These payments shall constitute income to Wife and shall be deductible by Husband in that year. Concurrently with the execution of this agreement, Wife shall withdraw with prejudice her apl claim filed with the Cumberland County Domestic Relations Section. With the exception of these payments, Husband shall not have any liability to Wife for apl. 10 Alimony Beginning on the first day of the first month after entry of the divorce decree, Husband shall pay Wife alimony in the amount of $300.00 per month. Husband's alimony obligation shall terminate effective the first month in which Wife begins collecting her equitable distribution share of Husband's SERS benefit, as set forth in paragraph 18.4, above. The alimony obligation also shall terminate on Wife's death, remarriage, or cohabitation, including with a member of the same sex. The alimony payments will constitute income includible on Wife's federal income tax return, and will be deductible to Husband. Revisions to the Internal Revenue Code sections on alimony shall not affect the tax consequences of the alimony payments as agreed to by the parties in this paragraph. 121 - COUNSEL FEES AND EXPENSES Neither party shall seek reimbursement or contribution from the other for payment of legal fees, expert's fees, or any other expenses incurred in connection with this agreement or any actions for divorce. Wife's counsel shall file all necessary documents to finalize the divorce action within fourteen (14) days of Husband's execution of this agreement. cl 22 - TAX CONSEQUENCES OF PROPERTY TRANSFER The parties have negotiated this agreement with the understanding 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 11 transfer by the transferor. Joint Tax Returns If any deficiency in the parties' income tax is proposed as a result of any tax year in which they filed joint returns, or any assessment of any such tax is made against the parties, then, prior to settling or contesting any such claims, the parties shall pay the tax, interest, penalty or expense assessed or proposed to be assessed against them on a pro-rata share according to their income levels. The parties also will pay all costs and expenses for defending any tax audits relating to the parties' tax returns and tax liabilities on the same pro-rata basis. If an audit reveals that either party was responsible for misrepresentations, errors, failures to disclose, and/or omissions in the reporting of that party's income, expenses, deductions, interest, etc., then that party shall assume solely and entirely all tax liabilities, including the payment of interest and penalties, which are assessed against the parties as a result. In that event, the responsible party shall indemnify and hold the other harmless from and against any loss or liability for all such tax deficiencies, including but not limited to reasonable legal and accounting fees and costs. Tax Notices Within five (5) calendar days of either party's receipt of any deficiency notice or other correspondence from the Internal Revenue Service, the Pennsylvania Department of Revenue, or the local taxing authority, the receiving party shall provide the other with a copy of such notice and/or correspondence. 12 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Theresa Barrett Male, Esquire hr we'?? Bruce D. Hengst Sullivan, sqire Jean . Hengst 13 o .?aI ti w o 47 JEAN A. HENGST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-3061 BRUCE D. HENGST, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 25, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. DATE: October 28, 2003 u. AN A. HENGST ?:; Cnt ? -i 'wm ? ?}?_b C? f7J _C) ;j17 ': S( , W .? .V JEAN A. HENGST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-3061 BRUCE D. HENGST, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 25, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: /a Z zZ0 3 BRUCE D. HENGST GD try O ? Jrn r JEAN A. HENGST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-3061 BRUCE D. HENGST, CIVIL ACTION -LAW Defendant IN DIVORCE 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. 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 statement herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. DATE: October 28, 2003 ,, i 19 _ u ??, ?f AN A. HENGST o i r let N JEAN A. HENGST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-3061 BRUCE D. HENGST, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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. 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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: 101,-z d3 8. ' ?Y BRUCE D. HENGST 9 N 00 N Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEAN A. HENGST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3061 BRUCE D. HENGST, CIVIL ACTION -LAW 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: United States Mail, Certified Mail, Restricted Delivery on July 13, 2002. 3. Date of execution of the affidavit of consent required by' 3301(c) of the Divorce Code: by Plaintiff October 28, 2003; by Defendant October 22, 2003. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated October 22, 2003 and incorporated, but not merged into the Decree. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: October 28, 2003. Date Defendant's Waiver of Notice in'33 tvorce was filed with Prothonotary: October 28, 2003. Dated: October 28, 2003 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEAN A. HENGST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE D. HENGST, Defendant NO. 02-3061 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101,% DATED: October 28, 2003 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 w 0 -+ ON Ij 3 'n r - <a N t!t -G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY a STATE OF PENNA. JEAN A. HENGST, Plaintiff VERSUS BRUCE D. HENGST, Defendant N 0. 02-3061 DECREE IN DIVORCE AND NOW, VV ""- .1 2003 , IT IS ORDERED AND DECREED THAT AND JEAN A. HENGST BRUCE D. HENGST ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO FjD ?I T?ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; •IV/ All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated October 22, 2003 and incorporated, but not merged into the Decree. BY THE ATTEST: J. PROTHONOTARY FEB 2 5 2004 'P COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jean A. Hengist Plaintiff VS. Bruce D. Hengist Defendant AND NOW, this day of o Hengst, Plaintiff and Bruce D. Hengst, CIVIL ACTION - LAW NO. 02-3061 IN DIVORCE `900y, the parties, Jean A. Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Bruce D. Hengst (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 statue, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. H5101-5956 ("Retirement Code"). 58163. Member's date of birth is October 29, 1943, and his Social Security number is 189-34- . 4. The Plaintiff, Jean A. Hengst (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is May 7, 1948, and her Social Security number is 509-54-0760. Member's last known mailing address is: 807 Poplar Street Millerstown, PA 17062 6. Alternate Payee's current mailing address is: 41 Village Court Mechanicsburg, PA 17055 DRO 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 14, 1998, to commence on or after the Member's superannuation age. The Member's retirement benefit accrued on July 14, 1998, shall be based upon the final average salary as defined by SERS based upon a retirement date of July 14, 1998, and based upon the years of service under SERS as of July 14, 1998. (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 58%. 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 the 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, multiplied by a reduction factor (calculated to provide benefits actuarially equivalent to an annuity starting at the Member's superannuation age) if payments commence to Member before his superannuation age, 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. DRO Page 3 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. (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 if 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 Member files a retirement application with SERS 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 of his accumulated deductions but he shall elect to receive at least $15,000 of such deductions. The amount of such deductions to be paid to the Alternate Payee is $15,000. (b) The excess of the present value of the equitable distribution portion of the Member's retirement benefit (based upon a maximum single life annuity) assigned to the Alternate Payee over the portion of the accumulated deductions paid to the Alternate Payee (pursuant to Paragraph 10(a)) 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. DRO Page 4 (c) The excess of the present value of the Member's retirement benefit (based upon a maximum single life annuity) over the present value of the equitable distribution portion of the 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 SERS by reason of the Member's death before the date benefits commence to him shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution 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 SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS 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 SERS 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. DRO Page 5 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 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 immediately. 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. DRO Page 6 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY E CO Defendant/Participant /b Attorney for Defendant/Participant 0 J J C l !± ?' 83.' "fl A'.I Y?LIi ICJ.-IL.J• ^?y