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HomeMy WebLinkAbout01-0126 FX , ~:':'~'~i:' ::!::'-'::..: '~.;::~{, >~>: X~~~~:.~~~: >:::o$>'}~: ::.::C:.~X..X:;~;: :",*,X):::~..::'~;;::4>;~': ;:~-::.:::.:.~;::~( .;;~::~', .,~-:::"q.::;;:' ;:) ro1 ~.~ ~.''';) ") ',") ~} :;\ ~i ~.~ ~ ~) ro1 ~.~ ~.~ ~ ?, , ~~ ~ ~ ;; ~ ~ ~~ ~ ~~ k' ~ ;t',; ti 3 j -L . ~;;H' '" -""~'_'v""r-<',"'" '.-..- ,".'_"'",' ."'''' ...,.~,. """" '''',"".",,"--,,,. '''co ''''~'''"''' "" ~~~~~~~~~~~..~.,~....~.~ ',,^: ;1 ~l. ;.;~" ~ ;:.~ '" ..,; ~.~ ~ ~ ~.~ ~ ~.! ~ ;'\, ... ~ ,.... f..~ ~ i ~~ ~., * ~ ~.;, ~~ a t., ~':"~ ~ ~ x ~;.;j ~ k~ I i ~l ~', ~ ~.~ ~ ,::",;. ..:..;. .:..,.',:.,-;,::..::;;;,:!!!>:re;_;,::..::..x"x,.:..;., .;:..,..;':<il;;;:";:'1;;1 ,', 1.1 ;~ THE COURT OF COMMON PLEAS ~ ~ r.~ ;$J ",0., IN OF CUMBERLAND COUNTY STATE OF PENNA. SHIRLEY A. HADFIELD .....',. .,n. ". "",.. "n..",.. "'''. ,.. ''.' n ,.n..,.....' "".', ,n,n. ..., II I! d N o. n...o..1.:::~.~.~... ................. 19 Plaintiff Versus RICHARD LEE HADFIELD n n...... 'p~.f.~m.q<,!?J:... u..,... DECREE IN DIVORCE \ .IJ AND NOW, .~~. ~1............, l~ .?9.0.1.. it is ordered and decreed that...... ?J:~~~~.Y: .l?-,. .~~<;'If;i.~+g...................., plaintiff, and ..,......... ~;i.qtgq:p.. .4~~, J~q<;l:E.i.e::(.o.iJ. . . . . . . , . . . . . , . . . . . '. defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of.f~:ord in this action for which a final order has not yet been entered;~ . . . . ' . , .~~pp..:r;qt;L.o.'1 . i;\!l.d. ,li'+pp.e1J:t.y. .Set.j:~ement ,Agr.eement . dared . Februar,,>, . ,.~q!. f!,QQ1. j.,~ .t!l.qq"P9F.qt~P.. )~1.;tt:.l\Qt, !ll.e::r:gl"'P. .I}er".i.n...,.,...."".... ..,z By Th~ CO I! // '::" . ;r 'U'Uum. '~ A":"'('~~, . Prothonotary l~ ~ ,-O!l }~ l~ ~ ,', ~ ~ ~.~ ~ ~.~ ;"S ~ :;'.; N 1$j [:~ lr..~ ~ ~ i ~';! i ~.~ ~~~ ~ ~ ~ ':.~ ,:.',: ".~ ~ ?< ~ ~'s ~ \1 ~ ~~ ~ t"" ~.~ ~ ~ ~~~ ~ :.~ J. l~ I~ ~ I~ '-' }~ \ '.~ ~ ~ ~ "~ . --- ------------_. ~:.$; ,:{*,;<.::,:.x;{~,..~',.;~x~;{"~;.; ;{'$;;-: .-:.;'- ',:";~<"';~':, ,{~., ~ .. ,; .. ~ ::,_.-; ~ ,,-.. 7-,;<7_()/ M.~A"~-i$/$4~ 7-';;)-0/ ~~~ M- ~.M 'l-'-;w;".~ ;rp"4/Q #''J , r ~~ '" ~ , , '. < SHIRLEY A. HADFIELD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. rXol - {.9.(; CIVIL ACTION - LAW IN DIVORCE RICHARD LEE HADFIELD, Defendant SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this fe:13!<UA~'( 9.011". day of 2001, by and between SHIRLEY A. HADFIELD of Joppa, Maryland, hereinafter referred to as Wife; and RICHARD LEE HADFIELD of Plainfield, Cumberland County, pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married on January 16, 1965, in New Jersey; and WHEREAS, Husband is a bona fide resident of the Commonwealth of Pennsylvania and has been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since August of 1997; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, su~port, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while , < , they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Wife was repres'ented by Matthew J. Eshelman, Esquire, and Husband was represented by Robert J. Mu1derig, Esquire, each of whom have given a full explanation of the same to their respective clients; and NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: ARTICLE I - SEPARATION 1.1 Separation. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall . 2 , respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife will file a divorce action against Husband. The parties have not at this point agreed to execute -the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said . 3 '. action; however, there is no prejudice to either party to pursue the finalization of the divorce action commenced by Wife. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of - inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceabi1ity as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, j udgmen t, order or further modification or revision thereof - shall alter~ amend or vary any term of this Agreement, , 4 whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 Incorporation of Aareement into Decree. It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. The parties specifically acknowledge the provisions of Section 3105 of the Pennsylvania Divorce Code (23 Pa. C.S.A. ~ 3105). ARTICLE III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code (23 Pa. C.S.A. ~ 3502) and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; , 5 the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 Satisfaction of Riahts of Eauitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinauishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. , 6 ------- . , 3.4 Personaltv. The parties have agreed between themselves to a division of all household furnishings and personal property that would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties acknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically releasing any claim he or she may have with respect to such items. The parties further agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 3.8 Eaui table Distribution Installments. Wife shall pay Husband the total amount of $7,664.75, representing his equity in the marital estate of $7,770.00, less one-half of the filing fee for the divorce action of $210.50. This amount is to be paid regardless of whether either or both of the parties die or remarry. Wife may pay this amount within thirty days of execution of this agreement. , 7 3.9 Property to Husband. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, or as may be listed in the following paragraph, in exchange for the following assets to be transferred to Husband: None. 3.10 Property to Wife. Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, or as may listed in the preceding paragraph, in exchange for the following assets to be transferred to Wife: See Attached Exhibit ~A.p 3.11 Retirement. Husband specifically waives any claim he may have against the retirement of Wife with Carlisle Hospital, insofar as he shall receive installments in equitable distribution instead. With respect to Husband's E.L.C.A. Retirement, Husband shall select a joint and survivor a~~uity of 75 percent, of which Retirement Wife shall be assigned 39.45 percent during Husband's lifetime. At Husband's death, assuming Wife's survival, Wife shall receive the 75 percent annuity. At Wife's death, assuming Husband's survival, Husband shall receive the 75 percent annuity. Post-retirement medical benefits of Wife shall be paid from amounts assigned to Wife. It is the intention of the parties that Wife bear the burden of any increase in the cost of her insurance. Each party acknowledges that the other spouse has a retirement plan or account to which the parties may have contributed martial property , 8 over the course of the' marriage. Each of the parties acknowledges, without the necessity of an expert valuation, that retirement assets may prove to comprise a substantial percentage of the entire martial estate. Each party further agrees to execute immediately upon demand any documents as may be required by the retirement plan administrator of the other spouse so as to effectuate the terms and covenants described herein. ARTICLE IV - DEBTS OF THE PARTIES During the course of the marriage, Husband and 4.1 Debts. Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. ARTICLE V - ALIMONY AND SUPPORT , 9 " 5.1 Alimonv. Pursuant to this Agreement of the parties, each party specifically waives any claim they may have to receive alimony, alimony pendente lite, spousal support, maintenance or the like save as otherwise set forth herein. ARTICLE VI - MISCELLANEOUS PROVISIONS 6.1 Attornevs Fees upon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree to be responsible for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared 10 jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). Husband and Wife each do hereby 6.4 Mutual Release. mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the united States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as , 11 a result of the marital relation or otherwise, except and only 'except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or 12 " J obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each 'will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6.8 Governina Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. , 13 , , 6.9 Bindincr. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 Entire Acrreement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein" 6.11 Severabilitv. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.12 Eauitable Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, , 14 .-- , , during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefi ts to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties int,end to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breac..rling party to enforce this Agreement against the breaching party. , 15 , . , ... , ' , and seals the day and year written. IN WITNESS WHEREOF, the parties hereto have set their hands " WITNESSED BY:' / "'!~ ,1/' i,iil ~ ! _ I I r . il! ~~'J !' f'1tf, .- -= " \: I / ) , .' 'i i ' , 16 ICHARD SBAND .. . . . . FAx To: Matthew Eshelman, Esq. FROM: Shirley A. Hadfield FAx: 7f7-763-4247 PAGES: 1 PHONE: 717-763-1800 DATE: 12/19/00 RE: GooDs/FuRNISHINGS CC: o URGENT o FOR REVIEW o PLEASE COMMENT 0 PI..EASE REPLY o PLEASE RECYCLE . COMMENTS: THtNGS FROM PARSONAGE TO BE DISfRIBUTED AMONG ADULT CHILDREN: CHERRY DINING TABLE CHERRY SMALL SIDE TABLE HUMMELS, PLATES, ETC. (EVERYTHING HUMMED GONE WITH THE WtND PLATES, TEAPOT, MUSIC BOXES, ETC. (EVERYTHING GWTW) STRAWBERRY CLOCK WASHSfAND CRYSfAL ICE BUCKET FREEZER LENNOX FIGURES OAK HUTCH ,'/~~ . -~ 12/.,$ CLOTI-lING OAK ROLLTOP DESK SMALL END TABLE SEWING MACHINE LORD'S PRAYER PICTURE ROCKtNG CHAIR BLUE PLAID CHAIR BLUE WING CHAIR SMALL CHERRY TELEVISION CABINET ,,' CHILDREN'S PHOTOS OVER F.P. F'AS.....EL'S '" '. SHIRLEY A. HADFIELD, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : No. 01--- 1'J.(o c..lvil vs. : : RICHARD LEE HADFIELD, : 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 it you fail to do so, the case may , I proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also.be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights , important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in. the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 I I \ \ SHIRLEY A. HADFIELD, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . No.ol-Pc" ~ /~ vs. . . RICHARD LEE HADFIELD, . CIVIL ACTION - LAW . Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The plaintiff, ShirleyA. Hadfield, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, Shirley A. Hadfield, is an adult individual who currently resides at 1604 Bulls Lane, Joppa, Maryland 21085. 2. The Defendant, Richard Lee Hadfield, is an adult individual who currently resides at 2076 Newville Road, Plainfield, Pennsylvania 17081. 3. The Defendant and the plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. COUNT I - DIVORCE 4. Paragraphs one through three are incorporated herein by reference. 5. The Plaintiff and the Defendant were married on January 16, 1965 in New Jersey. 6. There have been no prior actions of divorce or for I lannulment between the parties. ~ I \ I I I I I' 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. This action is not collusive. 10. There are no dependent children to the marriage. COUNT II - EOUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. The parties have legally and beneficially acquired property, both real and personal, during their marriage. 13. The Plaintiff and the Defendant have been unable, as of the date of this Complaint, to agree as to an equitable division of said property. COUNT III - ALIMONY PENDENTE LITE & ALIMONY 14. Paragraphs one through thirteen are incorporated herein by reference. 15. The Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. The Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 17. The Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from hereafter until final hearing and permanently thereafter. WHEREFORE, the Plaintiff, Shirley A. Hadfield, respectfully requests this Honorable Court to enter a decree of divorce in this matter; and the Plaintiff further requests the Court to incorporate any Stipulation reached by the parties regarding the division of marital property into the divorce decree; or, should the parties fail to reach such an agreement, to equitably divide all marital property. ~( , Respect;: ht 1(; / Matthew J,. Es Law Off~ es 0 PatrickF. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 IDi 72655 Tel. (717) 763-1800 Date: \ ----- SHIRLEY A. HADFIELD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : No. : RICHARD LEE HADFIELD, CIVIL ACTION - LAW Defendant . IN DIVORCE . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: /, Signature: I I I I i I \ .1 SHIRLEY A HADFIELD, Plaintiff vs. : IN THE COURT OF COMM:ON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; No. ;x:o I - I~b . RICHARD LEE HADFIELD, Defendant : CIVIL ACTION - LAW : IN DIVORCE - STIPULATED Q.D.RO. OUALIFIED DOMESTIC RELATIONS ORDER . AND NOW, this ~ day of .[iiJ..JMt.... . 2001, this Court finds that the parties have agreed that a Qualified Domestic Relations Order (QDRO) shall issue with respect ! t9 the, pension planes) (plans) of Defendant Richard Lee Hadfield through the Board of Pensions .. .', 'ofthe Evangelical Lutheran Church in America (ELCA). , '.' THEREFORE, it is ORDERED as follows: A GENERALLY 1. Participant belongs to the following Plans sponsored by the ELCA: ~ Regular Pension Plan (RPP) _ Optional Pension Plan (OPP) _ Institutional Pension Plan (IPP) _ Institutional Savings Plan (ISP) 2. This Order applies to all of Participant' s benefits in the following Plans: ~ Regular Pension Plan (RPP) _ Optional Pension Plan (OPP) _ Institutional Pension Plan (IPP) _ Institutional Savings Plan (ISP) The Plans are a retirement income account as defined in the Internal Revenue Code (Code) 9403(b)(9). The Participant's benefits in the Plans are the subject of this Order. '; , 1 B. FACTS 1. Participant's Name and Address: Richard L. Hadfield P.O. Box 177 2076 Newville Road Plainfield, PA 17081-0177 2. Participant's Social Security Number: 196-26-4039 3. Alternate Payee's Name and Address: Shirley A Hadfield 1604 Bulls Lane Joppa, MD 21085 4. Alternate Payee's Social Security Number: 142-30-3670 5. Alternate Payee's Relationship to Participant: Separated Spouse 6. Alternate Payee's Date of Birth: June 24, 1939 7. Proceeding Serving As The Basis For This Order: Divorce 8. Effective Date of Divorce (if appropriate): Pending C. RETIREMENT BENEFITS AWARDED TO THE ALTERNATE PAYEE Effective January 1,2001, the Court awards and assigns as the sole and separate property of Alternate Payee [for a Retired Participant] 39.45% of Participant's Pension Payment per month. D. RETIREMENT BENEFITS AWARDED TO PARTICIPANT The Participant retains all benefits accrued under the Plans as of the effective date of this Order that are not assigned to the Alternate Payee. Subsequent interest, earnings, gains, or losses on this balance will be credited and paid to the Participant. , , , '- t E. BENEFIT PAYMENTS - GENERAL . 1. The Term "benefit" may include retirement benefits, death benefits, and/or survivor benefits. 2. Participant shall select ajoint and survivor annuity benefit of75 percent, of which benefit Alternate Payee shall be assigned 39.45 percent during Participant's lifetime. At Participant's death, assuming Alternate Payee's survival, Alternate Payee shall receive the 75 percent annuity. At Alternate Payee's death, assuming Participant's survival, Participant shall receive the 75 percent annuity to which Alternate Payee would otherwise be entitled. 3. Post-retirement medical benefits of Alternate Payee shall be paid from amounts assigned to Alternate Payee. Alternate Payee shall bear the burden of any increase in the cost of her insurance. 4. The benefits assigned to the Participant and Alternate Payee shall be paid pursuant to the terms and conditions of the Plans and applicable law at the time payments commence. 5. The Alternate Payee is eligible to receive payment of the benefits assigned under this Order on the earliest date the benefits could be paid to her under the Plans, notwithstanding the Participant's continued participation in the Plans or the accrual of additional benefits. The Alternate Payee is not eligible to receive benefit payments prior to the first of the month coincident with to following the date that the Board of Pensions determines this Order is a QDRO. , l 6. The Court directs the Board of Pensions to issue separate checks to the Participant, Alternate Payee, or their designated beneficiary(ies), if applicable, for their respective interests in the Plans. 7. Upon full payment of benefits assigned to the Alternate Payee, the Board of Pensions and the Plans shall be discharged from all responsibility, obligation, and duty to the Alternate Payee. 8. Notwithstanding anything in their Order to the contrary, the Plans shall not be required to provide benefits or payments in types, forms or options not available under the Plans. The Participant and Alternate Payee must apply for the payment of benefits in the manner prescribed by the Board of Pensions. 9. Notwithstanding anything in this Order to the Contrary, the Plans shall not be required to provide benefits to an Alternate Payee that are required to be paid to another Alternate, Payee under another order previously determined by the Board of Pensions to be a QDRO. 10. Notwithstanding anything in this Order to the contrary, the Plans shall not be required to provide increased benefits (determined on the basis of actuarial value) to the Participant and Alternate Payee. While the ELCA Plan is exempt from the Code, since it is a "Church Plan" within the meaning of Code 9 414( e) and ERISA 9 3(33), it has adopted provisions similar to those set forth in Code 9414(p). F. ALTERNATE PAYEE'S RIGHT TO INFORMATION The Alternate Payee shall have the same right as any other participant in the Plans to request copies of the Plan documents maintained by the Board of Pensions regarding the benefits assigned to the Alternate Payee. ~ 'i G. COMMUNICATION Participant and Alternate Payee shall advise the Board of Pensions of any changes in their mailing address. All communication with the Board of Pensions shall be addressed as follows: Pension Administration Board of Pensions Evangelical Lutheran Church in America 800 Marquette Avenue, Suite 1050 Minneapolis, MN55402-2892 H. JURISDICTION The Court expressly reserves jurisdiction to supervise, interpret, and enforce the division of benefits awarded or assigned under this Order. . 1/ BY THE lID~/Q II i ' 11'.. ./ \ ! Ii4/' \ J. ~ (\ VO l-?c>C}'~~ ..-.r'" . ~~~ : ~It , '~ ,,"'&'&__c' SHIRLEY A. HADFIELD, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-126 CIVIL TERM RICHARD LEE HADFIELD, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on January 3,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. / '''>+;J -,':, - '. ~ ~ :)'>- ;-' t: ~ '- n' -' "5 ~, " , '-" , -' " -. ~ c- ,.-, / , )- c;:') ~~ -,::2 <--"'" <1 i...,U C,~ _0 .- re:: ",2; , ::) t~-;, Cl u I SHIRLEY A. HADFIELD, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-126 CIVIL TERM RICHARD LEE HADFIELD, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (~l 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 34904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ,.-" " \ ~~~ _.r.-.-1. ~-'-.., \~i..: - ?:: :-' , ;;~~: ~ :::.::> >- :z: i~i. .;:-~(t ..:.'] ~-:l- :.:2: :"'...) o ,',# ""-~~ t::.:. ~ c..;. , '. { SHIRLEY A. HADFIELD, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-126 CIVil TERM RICHARD lEE HADFIELD, Defendant CIVil ACTION - lAW IN DIVORCE DEFENDANT'S ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Paragraphs One through Ten are incorporated herein by reference. 12. Admitted. 13. Denied. A Property Settlement Agreement was signed by the Plaintiff and Defendant on February 20, 2001. 14. Paragraphs One through Thirteen are incorporated herein by reference. 15. Denied. 16. Denied. 17. Denied. ~, COUNTERCLAIM 18. The parties separated in September 1997. 19. Over two (2) years of actual physical separation have elapsed. WHEREFORE, Defendant hereby respectfully requests this Honorable Court to grant Plaintiff and Defendant a divorce under 3301 (d). Respectfully Submitted TURO LAW OFFICES \;iz/ ~/ D te , obert J. M eng, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant " VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. jJ!~!)"1 /:2tJt? / Date. / ~y~ Richard L. Hadfield . I '\ NOTICE TO THE PLAINTIFF If you wish to deny any of the statements set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER ~3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on September 1997 and have continued to live separate and apart for a 'period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of marital property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF PA. C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 11",:;)1 /!P-2fJO / Dat. / IUJ~~ ~ Richard Lee Hadfield . CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Defendant's Answer and Counterclaim and Affidavit upon Matthew J. Eshelman, Esquire, by ~ositing same in the United States Mail, first class, postage pre-paid on the d/ day of 1#&.;/ , 2001, from Carlisle, Pennsylvania, addressed as follows: ' Matthew J. Eshelman, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street Camp Hill, PA 17011 TURO LAW OFFICES ~~~~~ I I ,/ -_/ '/ , .' ~I'~/ / . Robert J. M:Jml, Esquire ~ 28 South P Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant ""''''- "', ,,~-.., '~--<;. ~ ,< .' , \ . ~ r-:,-, -~ ".;.,. t:" ~ ,-- C":.. ;>- z 3~ :J~ ~~~~! ~ ~::J tu ~--'~"""" ,--) (',~ :"'="). (") . " .;j . ' -'f SHIRLEY A. HADFIELD, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-126CIVIL TERM RICHARD LEE HADFIELD, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301 (d) DIVORCE DECREE TO: Shirley A. Hadfield 1604 Bulls Lane Joppa, MD 21085 You have been sued in an action for divorce. You have failed to file a Counter-Affidavit to the S3301 (d) Affidavit. Therefore, on or after July 9, 2001, the other party can request the Court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the Court an Answer with your signature notarized or verified or a Counter-Affidavit by the above date, the Court can enter a final Decree in Divorce. A Counter-Affidavit, which you may file, with the Prothonotary of the Court is attached to this Notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form Counter-Affidavit along does not protect your economic claims. 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 OUR WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully Submitted TURO LAW OFFICES ;;/;7~) . Date Robert J. ulderig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant . , } SHIRLEY A. HADFIELD, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-126 CIVIL TERM RICHARD LEE HADFIELD, Defendant CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER ~ 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both ): _ (i) The parties to this action have not lived separate and apart for a period of at least two years. _ (Ii) The marriage is not irretrievably broken 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. .. ~'[ . 1 I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Shirley A. Hadfield Date NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. , r ool >'''' .. CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Notice of Intention to Request Entry of S 3301(d) Divorce Decree upon Matthew J. Eshelman, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the I q +h day of J lLrU. , 2001, from Carlisle, Pennsylvania, addressed as follows: Matthew J. Eshelman, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street Camp Hill, PA 17011 TURO LAW OFFICES , Robert J u derig, Esquir 28 Soutn Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant .....-: .~I>~ 0- r- :;.'1' 1--:::: n F-:i:~;: .-'---,. .r.:.~i;-::' !.L!~-_ .~:"":: L' . L:~ C~ ~ C> i3:: 2: =-J~ "~=:::2 -"" --> ~:~ 5=! -.q:(j) ---12' .f:;2- :_~jLD ;da... .:;." ~ D ...'.1 ", ~ -' =-) ,0 ... "<> :;. . :i 'l. SHIRLEY A. HADFIELD, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-126 CIVIL TERM RICHARD LEE HADFIELD, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Robert J. Mulderig, Esquire, attorney for the Defendant, Richard Lee Hadfield, in the above captioned divorce action, on January 12, 2001 accepted service of the! Complaint in Divorce filed on January 8, 2001, in the Court of Common Pleas of Cumberland County, Pennsylvania, and certify that I am authorized to do so. Respectfully Submitted TURO LAW OFFICES l7//b~1 Dafe . ~ Robert Mulderig, Esq 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant \ I I .J' ~ ~T c~ ~ J:::,,~ ::;) ~ , 0-'- ~ ? 3fi ;~~ ;;;: VJ' G :--. _.....-. ~~ :.:') (..) . f .. SHIRLEY A. HADFIELD, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-126 CIVIL TERM RICHARD LEE HADFIELD, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: I 1. Ground for divorce: irretrievable breakdown under S3301 (d) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of service by Defense Counsel on January 12, 2001. 3. Date of execution of the Affidavit required by S3301 (d) of the Divorce Code: May 21, 2001 a. Date of filing and service of the Defendant's Affidavit upon the Respondent: May 21,2001 4. Related claims pending: None. 5. Date and ma'~~er of service of the Notice of Intention to file the Praecipe to Transmit the Record, a t()py of which is attached: June 19, 2001 . . 1 \ ~ ~ ~ ,5::,) '. ,- '~. ,~ ,~~.~ .:~:;;r; c::ri? ill ::5 .:,) ,"~.; """ ~-~. -, ~.:' ~ ''':::.::.