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Home My WebLink About00-02565 .~ .,-,. .,-;, , ,~ " .-'< " I , ~"' '. _,Os", ,.. ',,~-, < "G-'~ ':::~::+z~<;::::~>>:~;:."x.::~:,:;::~r+~,::;;~::.~::,~:c(-:::!::C(:::.::c!t;::!::.:::::~::C(,~~:r:!::~r+;~:;::)::..:(:::~::!~-:~!::.>:::,:~!>>:!;;':::!::.::::XC~~:~~r+::~:;PZt.:"'??~_>f~!::~~(:.>g(.}:;::::,!~~::;:~:!::+1fX~ i ' - d X I X g ~ . n ~ X ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ ~ OF CUMBERLAND COUNTY ~ ;"S ~ ~ ~.~ ?~ ~ I ~'S * N ~ ~.~ ~ ~ ..,.". w ~.~ ~ ~~~ I M ~ ~.~ ~ ''n'" * ~.~ ~.~ ~ i ~ "rs ~ ! ~ a ~.~ ~ k~ Pi ...,:. ~.~ ~ >,.". ~ ~..; ~.s ~ ~~~ ~ \ " STATE OF PENNA. Erin Q. Hageney NO....O'~::-.z.S..6.S...... ................19 Versus I Richard J. Hageney AND NOW, DECREE IN D I V 0 R C Eo:;;~:()~ .... .~~. <?:-.~......~...., it is ordered and decreed that ..... .~~~~ .q.. .~~~~~~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . " plaintiff, 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; None .",...."..........",. ,..,.,.. ,...............,..... .........,.,.,..,..., ..... -...,.,... ,.,....,....,....,..., ....,........"".,...... ;'.S ~ ~ ~ n ~ A a f~~ ~ i "" I .." .. ;~::~_.",:::<C.,::":.>>;(':'<.>:': ~ ~.~ ;.~ ,. . ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ rothonotary By UhU"({ Attest: ;..~ .. ~~ ~.'~ .~ t ~~ ., ,,-,~, N , ~.~ * ~~~ ~ ,", 8 8 I ~.~ PJ ~ ~ ~.~ ~ I ~.~ ~ S ~~~;~ i ~.~ ~.s ~ ;.~ ~ ~ ~ ',; ~,' ~ ~.~ ~ ~-'S ~ ,.; ~ ~ ~.~ ~ ~.~ " ~ ~.~ ~ J. ~ '.' ~ ~.~ I - ~" "I V' . ' . . /')'dt,~t:J wt"?/~ d:a-tff + !Oc,)!P at 7l~ ~ ~. 4- ~, .. . ""~ ,,~"T",~ ~, 1~, "~ """ ""~~_,,l'!"____",,"~~,~~ 'I -~ -. ',I..: ,,,,,,.,'-',;,, ' '- , ,j, , ~ '.' ,,-, ;,'_:~-,J=.,~-' -..I -- ._~~,:;;'~_<;;~~,~<.<_,-',:.:" Ij- '- 0,\~ r , r {)..o. .:l 5'(,,:> MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of O~be, / ,2000, by and between ERIN Q. HAGENEY of 4101 Caissons Court, Enola, Pennsylvania 17025, (hereinafter "WIFE") and RICHARD J. HAGENEY of214 Iron Lake Drive, Exton, Pennsylvania 19341, (hereinafter "HUSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married on May 9, 1992, in Durunore, Pennsylvania; and WHEREAS, the parties have one (I) child of this marriage, namely Emma Gail Hageney date of birth March 30, 1997; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: _ok' " -' .' 1'-,- -,,> " "-.'<c~" ~"-'._ ----'-'-,'.-':':"t '-'T"}::' ,~. -'i ,.,<C ~"3_' ",' ~, '-",'>;1,' ,='.',0 ,<_~_"~ ,-','__ ",' ,:-- . I. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire, HUSBAND is represented by Samuel L. Andes, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 3301(c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice ofIntention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be 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 execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. -2- '~ ' , ,'I ,-.' ~'"-- ,--,-" ,"-- ~ ;,1"~ J',-,:;" ,"",]-~" ,;-. '-~"'-.;";_" - ',.;J ,-,':J . 4. MUTUAL RRLRASRS. Each party absolutely and lUlconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue ofthe marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or lUlder 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 lUlder the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other COlUltry. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and lUlconditional release form all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCRDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties lUlderstand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or lUldue influence exercised by either party upon the other or by any person or persons upon either party. -3- ,',,-' ",-' ~-- - I' - "- ,-, - ,-,-- ---, i. -:~:_: I - - ;:_.,- _ _ ,,, . " t~'_,"-_ -'" " 6. SRPARATTON /NON-INTRRFRRRNCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. RRAL PROPRRTY. Parties are joint owners of real property located at 5240 Joshua Road, Mechanicsburg, P A 17050. The home has been listed for sale and the parties agree to continue to cooperate to effectuate the sale of said property. Upon the sale of the home and after payment of all reasonable settlement costs and expenses, the proceeds ofthe home shall be divided equally between the parties. All tax consequences associated with the sale of the property shall be born equally between the parties. Neither party is residing in the home. The parties are also joint owners of an E- Trade acCOlUlt with a balance of approximately $4,000. The parties agree to use the balance ofthis accolUlt to pay the mortgage company. It is the belief that this balance will pay the mortgage through October. Thereafter, WIFE shall assume responsibility for all utilities associated with the home. HUSBAND agrees to pay the mortgage. WIFE shall contribute $500 per month towards the mortgage based on the agreement of the parties. If either party returns to reside in the home, the party assuming residence will be responsible for any and all costs associated with the home including, but not limited to, the mortgage, taxes, insurance and utilities. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might -4- -'''< - <~,' ~' 1 .e-..," ~ c"-. ,- -, ~-', -, ,.-l:': .,t-" ~; 0, ,_\': _ .-' : ,_ ,'_-,_-~ -"""",c:,,,;,.,,' .4', . be responsible, and he shall indemnify and save WIFE 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 the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he 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. 9. RETIREMENT BENEFITS. HUSBAND is the owner of a Pfizer Savings and Investment Plan ACCOlUlt with a value of$162,000. WIFE shall be entitled to receive fifty-seven percent (57%) of said savings and investment plan balance on the date of execution of this Agreement plus or minus any and all earnings, interest or losses on her share from the date of execution of this Agreement to the date of transfer. At the time of execution of this Agreement, HUSBAND shall provide to WIFE's counsel, the name, address and telephone number ofthe Administrator of the Pfizer Savings and Investment Plan. Both parties shall cooperate to effectuate the transfer ofthe plan balance to WIFE. WIFE shall make arrangements to establish a separate non-taxable fund into which said monies may be rolled over. In the event that a Qualified Domestic Relations Order is necessary to effectuate said rollover, the parties agree to equally divide the costs of the preparation of said Qualified Domestic Relations Order. WIFE is the owner of an IRA comprised of investments with Equitable, Vanguard and Merrill Lynch. WIFE represents that these assets have an approximate value of $18,500. HUSBAND hereby agrees to waive any right, title and interest he may have in WIFE's IRA and the investments herein described. -5- , "~,,,'- - ~, -, ' - ,.,..'>..L', ",' ~." , ,"',.- ",-- ,:~,.--; "' o:i_;~::~':::' :-'~:';,"~L-~:"J> ":",,~ " - -""~ ,""'';"C . The parties waive any and all other retirement benefits obtained by the parties post separation except as outlined above. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accolUlts held solely in individual names shall become the sole and separate property ofthe party in whose name it is registered. Each party does hereby specifically waive and release hislher right, title and interest in the other party's respective accolUlts. 11. PERSONAL PROPRRTY. The parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 12. WmCI,ES. WIFE and HUSBAND are the owners of a 1996 Ford Explorer. WIFE shall retain the 1996 Ford Explorer and HUSBAND hereby waives his right, title and interest in the 1996 Ford Explorer. Within ten (10) days of WIFE's request, HUSBAND agrees to execute the title and any other documentation necessary to transfer ownership of the vehicle to WIFE. 13. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted lUlder State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No -6- . .,'- ., ~, , "". ~" '0' ,I;;. -,", <..;d ;"",:." ~'~"""^ ",,~,: ':'-:::,'1 ;"J::, .. c1_ ,'," ' ,~';'-, ,-,,-', .''" . obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation herelUlder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 14. ALIMONY, SUPPORT, AND ALIMONY PRNDRNTR LITR. HUSBAND agrees to pay WIFE as alimony the amolUlt of $640 per month for twenty-four (24) months from the date of execution of this Agreement. Said payments shall be made through the Domestic Relations Office via wage attachment. These payments are non-modifiable but shall terminate upon the death of either party, upon Wife's remarriage or cohabitation and, otherwise, the term ofthe alimony payments shall not be subject to modification in either duration or amolUlt. 15. ATTORNRY FRRS, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own cOlUlsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 16. ATTORNRYS' FRRS FOR RNFORCRMRNT. In the event that either party breaches any provision of this Agreement and the other party retains cOlUlsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses -7- '" .'., -,"~'.;, '-,', ,'" ,,' -"k,,"""';:'.":'- '-,':~' ,']"-,' ,X;::',:.,~~'~,',~~'-,-:v~" " "" , {," ". "'i . and reasonable cOlUlsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights lUlder this Agreement. 17. W A IVRR OF RIGHTS. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and the appraisement of all marital and non- marital property; b. The right to obtain an income and expense statement of either party; c. The right to have all property identified and appraised; d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and e. The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, cOlUlsel fees and costs and expenses. 18. MUTUAL COOPRRATTON. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 19. VOID CLAUSRS. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 20. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. -8- .'0 c." ,- '" ~'- ~ .,,1', -~ ",,' " '~. - ,,'" '~,- . ~'~~' , I ~,'-.' " ,,, ~i . 21. RNTIRR AGRERMRNT. This Agreement contains the entire lUlderstanding of the parties, and there are no representations, warranties, covenants or lUldertakings other than those expressly set forth herein. 22. CONTRACT INTERPRRT A TION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. C~tl 2 >-,~i1 ess -9- ,"" ;,< ,. )"A;j. , , J- "~I ~ :,:;" :,,' ,. _ ~" :';:',' i~, __ ,.,:1"" '_";"};}t."< 'I [>"." '1 -.i"-io',;.!i' "[ ",i.:,~,', .' .. COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF On the --l--O-:-~y of ()( ~'J.-L<.. I , 2000, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared ERIN Q. HAGENEY, known to me (or satisfactory proven) to be on ofthe parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have herelUlto set my hand and notarial seal the day and year first above written. dJJi 4 ~-(!t. M~6:~~~ion Expires: NOTARIAL SfAL USA A. MONTGOMI!RY, NOtary Public Harrlabu.... Dauphin County, PA My Cammboion Expires Oct. 7, 2002 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF On the day of , 2000, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared RICHARD J. HAGENEY, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expires: i~~w< ".' '"""i'~'~ ;. ,',,-,;',,;' .' ,'.. ~~" "v' U~Wi'_It'f'<<'='>""'-~ ' '''~C'''IiiI_';' , .. ri;;;"ri j- (Ii ~~ ~- )"" ,.-. ,/" >-- :i:;~ Z :< " {:-!. 1;"-:; '","" ::-:J ")- .-'1 ",-of >'-.) CO , -;yl +'-n ~ -~ "';:' fy :.n Iv '--' " ?~"~~ ;:::'i ).."" :.c: -< , ;I,~ , I' - ~' _ '~, , "",'",,', , la r ~ ,- DEBRA DENISON CANTOR, ESQUIRE Reager & Adler, PC Attorney J.D. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff ERIN Q. HAGENEY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 00-2565 : CIVIL ACTION - LAW RICHARD J. HAGENEY 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 S 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by an Acceptance of Service signed by Samuel L. Andes on May 1, 2000. The Acceptance was filed on Jillle 1, 2000. "' -1>< ~,,"- ..< , " -',- '~," . ~ ~ ,. . 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Erin Q. Hageney, Plaintiff, on October 19, 2000,1997; by Richard 1. Hageney, Defendant, on October 17, 2000. 4. Related claims pending: Settled by Agreement dated October 10, 2000. 5. (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the Prothonotary: October 20, 2000. Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the Prothonotary: October 20,2000. Respectfully submitted, , kz- N ON CANTOR, ESQUIRE REAGER ADLER,PC Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff DATED: October 20,2000 ", , f "'. ~'b~ ,_ l, '""~"...' ,~ - _I \\Ntsb\family law\Client Directory\Hageney-E\Pleadings\divorce.cmp.wpd April 19, coaa -! REAGER, ADLER & COGNETTI, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney J.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff ERIN Q. HAGENEY Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - :z51.S C~Lt y~ v. RICHARD J. HAGENEY Defendant CIVIL ACTION - LAW 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 Judgm.ent may also be entered against you for any other claim or relief requested in these papers by the Plamtiff. You maY,lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request mamage cOlUlseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIYISION 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 HA YE 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, P A 17013 1-800-990-9108 i; ".,. I, . "-~,. -~; \\Nlsb\family lawlGlien! Direc!oryIHageney-EIPleadingsldivorce.cmp. wpd April 19. 2'000 ERIN Q. HAGENEY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW DNORCE v. RICHARD J. HAGENEY Defendant A YTSO PARA DEFENDER Y RECLATMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debartomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceoer sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensactlOn rec1amados por el demandante. Usted puede perder dinero, 0 sus propiedaoes 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitarconsejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland COlUlty Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMAPENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEAEMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO PAGAR UN ABOGADO,V AYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, l> A 17013 1-800-990-9108 , ~ , ',-', -I IINtsblfamily lawlelien! DirectoryIHageney-EIPleadingsldivorce.cmp.wpd April 1 g, EOOO REAGER, ADLER & COGNETTI, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney J.D. No. 66378 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff ERIN Q. HAGENEY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 00- ';S4;,S' G;;J i.u.-- v. Defendant CIVIL ACTION - LAW IN DIVORCE RICHARD J. HAGENEY COMPLAINT IN DIVORCE UNDER SECTION 330HC) OR (D) OF THE DIVORCE CODE 1. Plaintiffis Erin Q. Hageneywho currently resides at 5240 Joshua Road, Mechanicsburg, Cumberland COlUlty, Pennsylvania, 17055. 2. Defendant is Richard J. Hageney who currently resides at 312 Bachmanville Road, Hershey, Dauphin COlUlty, Pennsylvania 17033. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 9, 1992, in DlUlillore, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service ofthe United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. . "- k , - ~ I ",I ~. IINtsblfamily lawlClient DirectoryIHageney-EIPleadingsldivorce.cmp. wpd April 19, 2000 7. Plaintiff avers thatthere is one (1) child of this marriage lUlder the age of eighteen years, namely Emma Gail Hageney. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that cOlUlseling is available and that Defendant may have the right to request that the court require the parties to participate in cOlUlseling. Plaintiff declines cOlUlseling. 10. After ninety (90) days have elapsed from the date ofthe filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiffbelieves that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file an Affidavit of Consent and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNT I EOUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 2 -~ J" ,j "~ 1___' " '" ",.-- " ~-~ IINtsblfamily lawlClient DirecloryIHageney-EIPleadingsldivorce.cmp.wpd April 19. :!ODD 13. Plaintiff and Defendant have acquired property, both real and personal, during their marnage. 14. The parties have acquired marital debt during the marriage. 15. Plaintiff and Defendant may be lUlable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully Submitted, REAGER, ADLER & COGNETTI, PC Date: April 19, 2000 By: S N CANTOR, ESQUIRE . 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. [717] 763-1383 Attorneys for Plaintiff 3 ..~ ,I,. iillliillllliil~' IINTSBIFamily LawlClient DirectoryIHageney-EIPleadingsldivorce.cmp.wpd April 12. 2000 VERIFICATION e I, ERIN Q. HAG~EY, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I lUlderstand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904, relating to unsworn falsification to authorities. ~, Date:' f-j //9 - v " ERIN Q. HAG~EY E: 4 "'; ~~' ~l<iirt\"'''''~lf~' j~lf811 ," ^ ~A ~n _ ,,'>~,,_~,',~ ,""""'" _ ^ 0.,. . A,_._', "~"'-"'''''''I''''" ',~ ~ " - ,< (:) "- "- "'<). ~ ..0 "- 'l Y1 ~~ ~ .~ ""- 8 8 0 ~ 8 :& ~ I ~ 6"- ~ 6.J ~~ kf '-0 ~ ~ ~~ '-( ~ , " ,~b.," ,,": . . . . ~" . (') ~; ~I~-;' :-:--=: - U"_ ~ ~--. z;---: )::~ ~~. . .C .,~-, -< o CJ () ""11 ~ -.,; ::-':J r,,,) U, ~:.1 , i...':~ ''--, , C) , -r-J . -'1'1 );:.::: -- '- j 9 ::'2 r,) ~j ""-- .0 '-< :::0 ~ .~ (.J ~ 0 , ~ ~ " --< 1- ! ~ - . ~_O~ ' [f -~ " ~ ~"-, . . '" , ~ ,J;lf ,,~ ........",,1"",. , -' ~~, .JI1 .. ERIN Q. HAGENEY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 00-2565 CIVIL ACTION - LAW RICHARD J. HAGENEY filed on Defendant IN DIVORCE AFFTDA VTT OF CONSENT 1. A Cornplaint in Divorce under Section 3301(c) of the Divorce Code was 2. The rnarriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date ofthe filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to auth7fs. '_ Date: ~ - -' ",'----~ ~ ....,"'" " ~ ',', ". ,,"~, 'ld.".~,.; ".~'_ r ,- ,,,",-' c:"..M--,~,C,\,d,_ ;>:-li.i:;,",',;,>;" ""~;,,\,_,, ~'>,;;;;;,;"",.;,:__,-~>,:":,~",~,~~;~ ERIN Q. HAGENEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 00-2565 CIVIL ACTION - LAW RICHARD J. HAGENEY Defendant IN DIVORCE AFFIDA YTT OF CONSENT 1. A Cornplaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of 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 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 101 ll)aO .'-~'" 1- "'kj ~ - ... ... ... ERIN Q. HAGENEY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 00-2565 : CIVIL ACTION - LAW RICHARD 1. HAGENEY Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301 (c) OF THE DIVORCE CODE 1. 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 in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. DATE: ..- , ,=,- '~- .,',-. ;--- ',1""''''< -", ~- -":J ,~,~', " J -'"-;",, ~" ,. . ", --.....', : ' ,~,' .. -;:~;:',~ , ERIN Q. HAGENEY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 00-2565 : CIVIL ACTION - LAW RICHARD J. HAGENEY Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DTYORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. 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 in 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 rne irnrnediately after it is filed with the Prothonotary . I verify that the staternents made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. DATE: 10\ 1'1 \ oD ... .'",.".",.. " .. ,e ~".'i"., _.,~~~" ,pi' " REAGER, ADLER & COGNETTI, PC DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717)763-1383 Attorneys for Plaintiff ERIN Q. HAGENEY Plaintiff v. RICHARD J. HAGENEY Defendant ~-~'i~~''r~~~.ij(" li:Ii, ! ,,,,., I 'j" -We" \,'~, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA NO. 00-2565 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquin:; <<alauthorized to accept service of the Complaint in Divorce on behalf of my client, Richard J. Hageney, in the above-captioned matter. Date: 9>\ \ \00 By: 5LDJX2a. SAMUEL L. ANDES, ESQUIRE 525 North Twelfth Street Lemoyne, P A 17043 J " . ... .#II .. . . . . REAGER, ADLER & COGNETTI, PC DEBRA DENISON CANTOR, ESQUIRE Attorney LD. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff ERIN Q. lIAGENEY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLY ANIA Plaintiff v. : NO. 00-2565 : CIVIL ACTION - LAW RICHARD J. HAGENEY Defendant : IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT Please REINSTATE the Divorce Complaint in the above-captioned matter. D,'o 5/19 JOb CANTOR, ESQUIRE RE R, R & COGNETTI, PC Attorney LD. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff I rt(" I" - - ;-:::1,""'" , '-, ,,' "',"1' i ,','^ "~i . _ " , ""'. , '_""!'i"o_:"',.:\::"-";''''',!(';. ;Y"J~--' "':'1."'" 'f , 'i-.:-:"',,,,,,, ;~. . '" . -wI' '[ r~"i';"" 'X~ ,,-;:C'i:l ERIN Q. HAGENEY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 00-2565 : CIVIL ACTION - LAW RICHARD 1. HAGENEY Defendant : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: The Social Security number of the Plaintiff, ERIN Q. HAGENEY, is: 210-58-3706 The Social Security number of the Defendant, RICHARD J. HAGENEY, is 110-52-7564. Respectfully Submitted, REAGER & ADLER, PC Date: October 20, 2000 By: DEBRA Attorney I. . No. 663 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 / Attorneys for Plaintiff ~ "~ "~~~.~~ '~~~llIIlIi<t.ll!.iiIii l:illIiIIIIilJ~" .. - .4 ,~ '4 . I~ ""-:', iif .. '" ERIN Q. HAGENEY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 00-2565 : CIVIL ACTION - LAW RICHARD J. HAGENEY Defendant : IN DIVORCE NOTICE OF ELECTION TO RESUME MAIDEN NAME Notice is hereby given that a final decree in divorce being granted, Erin Quinn Hageney hereby elects to resume her prior name of Erin Ann Quinn, and gives this written notice of her intention in accordance with the provisions of 54 Pa.C.S. Section 704. Erin Quinn Hageney tore6:{L..12~ Erin Ann Quinn COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF On the I ,,~ day of _~,,(' ~ i>-vv , 2000, before me, a Notary Public, personally appeared Erin Quinn Hageney, t/blkla Erin Ann Quinn, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set r; -.. ". NOTARIAL SEAl USA A: MONTGOMERY, Notary Public , I-Iarrhborg, Dtluphin COUltty'. PA .~ It".' (,:t')Mn',ir,liWi'L;:',;-"it'lI!l 0":1'. 7, 2002 """"~ . .'."'--"'"""'"....',~...._---~."""....,-- I J ~ ~~ ,~ ~~"""'F!l<ij, >; -lf1t. , \ '" JUL 03 20~ ERIN Q. HAGENEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2565 v. RICHARD J. HAGENEY : CIVIL ACTION - LAW Defendant : IN DIVORCE STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, by order issued by this Court on this date the marriage of Erin Q. Hageney ("Petitioner") and Richard J. Hageney ("Respondent") has been dissolved; and WHEREAS, in connection with said order relative to the distribution of property between the parties, certain retirement benefits of Richard J. Hageney (hereinafter referred to as the "Participant") are to be transferred to Erin Q. Hageney, now known as Erin A. Quinn (hereinafter referred to as the "Alternate Payee"); IT IS HEREBY ORDERED AS FOLLOWS: 1. It is intended that this order will qualify as a Qualified Domestic Relations Order under Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(P) of the Internal Revenue Code of 1986, as arnended, (the "Code") and the provisions hereof shall be administered and interpreted in accordance with such intent. 2. The plan to which this order applies is: Pfizer Savings and Investment Plan 3. The name, social security number and last known mailing address of. (a) the Participant is: Name: Richard J. Hageney SSN: 110-52-7564 Address: 214 Iron Lake Drive, Exton, PA 19341 Date of birth: 02/25/66; and , : " .",' ,.",( , '" ~ , (b) the Alternate Payee is: Name: Erin Q. Hageney, n/k/a Erin A. Quinn SSN: 210-58-3706 Address: 410 1 Caissons Court, Enola, PAl 7025; Date of birth: OS/24/66 The Participant and the Alternate Payee shall at all times advise the Plan of any change in their respective addresses. Any subsequent notice or payments rnade by the Plan shall be satisfied, if made to the address shown above, unless the Plan has been advised in writing of a change by the person concerned. 4. The amount of the Participant's benefit to be paid to the Alternate Payee is to be determined as follows: The Alternate Payee shall be assigned 57% of the Participant's interest in the Account maintained under the Plan on such Participant's behalf determiried as of September 30, 2000; in addition to all earnings and losses allocable to said amount from such date until such assigned benefit is segregated in an account for the Alternate Payee's exclusive beneficial interest. 5. All amounts allocated to the Alternate Payee pursuant to this order shall be segregated, assigned, and transferred to a new account in the Plan for the exclusive beneficial interest of the Alternate Payee and such new account shall be the sole and separate property of the Alternate Payee. Payment of her assigned benefit shall be made in any form available under the terms of the plan elected by Alternate Payee. Payment of her assigned benefit shall be made in any form available under the terms of the Plan elected by Alternate Payee and, if she fails to make such an election within the time limits determined by the Plan, payment of her assigned benefits shall be made in the form of a lump sum distribution into her new account. All actions necessary to make the transfer into Alternate Payee's individual retirement account shall be the sole responsibility of Alternate Payee and Participant shall have no obligation with regard to such transfer. Any such transfer shall be made in such a way that no tax or penalty will be assessed against Participant. 6. The Alternate Payee shall have investment discretion as to all amounts in the Alternate Payee's segregated account to the same extent investment discretion is provided to a participant under the Plan. 7. If the Alternate Payee dies prior to the date on which payment of (his/her) assigned benefit commences, such benefit shall be payable to the 'Alternate Payee's designated beneficiary, provided the Alternate Payee timely has filed a beneficiary designation form with the Plan Administrator in acceptable form and substance. Absent such a designation, the Alternate Payee's benefit shall be paid to the estate of the Alternate Payee. '. "~ - ~~-"\\..~ " ',. '" .. 8. The Court retains jurisdiction to amend this order only for the purposes of establishing or maintaining its qualification as a Qualified Domestic Relations Order under ERlSA and the Code and regulations promulgated pursuant thereto. 9. Nothing in this order or any amendment of this order shall require the Plan to provide any type or form of benefit, or any option, not otherwise provided by the Plan. 10. Benefits payable to the Alternate Payee pursuant to this order shall reduce the benefits payable under the Plan to the Participant so that the benefits to be paid to the Participant and the Alternate Payee in the aggregate do not exceed the Participant's total vested benefit under the Plan. I 1. Nothing in this order shall be construed to require the Plan to provide benefits to the Alternate Payee that are required to be paid to any other alternate payee under another order previously determined to be a Qualified Domestic Relations Order. 12. A certified copy of this order shall be promptly comrnunicated to the Plan Administrator, c/o Pfizer Savings and Investment Plan, by the Alternate Payee, the Participant, the Alternate Payee's counsel or the Participant's counsel. 13. By signing this order, the Participant waives notice of this order and any objections thereto. SO, S S~TI l!LATED , ~OQ~ Erin Q. Hageney, n/k/ a Erin A. Quinn Petitioner Richard Responde ~,-.I)EQi}; ent's C unsel Dated: Dated: BY THE day of :r~ '.~ ~~;,.\ Accepted and ordered this 3~ 2001. JUDGE dl~lIlflIt.,m'iimlIIII~liI:lIiIiIjjhilJli'''"~'''''''''''''.n~~i!iSIOiIlI~Wl''ll!<-jl,,,>:;jjJl~~liIliIii~ r 1:1',\" ""I"I....',I\'I-.'r""' . " ..1 I'! ,,/',.... ;//j' l)n. {' ( . I,. / . "/'1:~'I,\.l'X2.;, l.,... ,. " ;'~, ~ ! "'1'11/ ,-, <YJ.) III ~. '". '" 1;'-//' 1''<: , ,,~," .,. ~"., ~ v "'~- , ' I~ "'-"'~ , coo . ... , I'" ... , .~ co, .,. "' X-hl!iltl!, REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW I [, I I I I ... 2331 MARKET STREET CAMP Hill, PENNSYLVANIA 17011-4642 717-763-1383 TElEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E, FENIClE DEBRA DENISON CANTOR THOMAS O. WilLIAMS SUSAN H, CONFAIR JOANNE HARRISON CLOUGH +Certified Trial Specialist Writer's E-Mail Address:ddenison@epix.net July 3, 2001 Via hand delivery Richard J. Pierce, Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Hageney v. Hageney No. 00-2565 Dear Rick: Enclosed please find four (4) Stipulated Qualified Domestic Relations Orders for the Court's signature. The preparation and stipulation of these orders was a condition of the Marital Settlement Agreement. Please have the Court execute these orders on page 3 and return them to my office in the enclosed, self-addressed, stamped envelope. These documents must be subrnitted to Pfizer Savings and Investment Plan in order to effectuate a transfer pursuant to the Marital Settlement Agreement. If you have any questions in this regard, please do not hesitate to contact me. Your attention is appreciated. Very ~l TIlson Cantor DDC/ak Enclosures: 4 QDROs