Loading...
HomeMy WebLinkAbout01-0368 FXIN THE COURT OF COMMON PLEAS JAMES R. HARDMAN, N U... ~1.-368 ..... .................. DECREE IN DIVORCE AND NOW, . lj~t r'~.; . ~ ............ . ~[~ .?op3, , it is ordered and decreed that .......... , JAMES R. HARDMAN plaintiff, and •~ ••••~•••....., LOIS. H.,HARDMAN,,,,,,,,,,,,,,,,,,,,,, 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; Marital Settlement ...................... Agreement ............ dated ........ 10 June 2003 ................. is herebX ... incorporated into the Final Divorce Decree. By T Attest Prothonotary a~~o3 ~~~~~~~'~ JAMES R. HARDMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.OI-368 LOIS H. HARDMAN, :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: Ground for divorce: irretrievable breakdown under Section (X13301 (cl ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By certified mail on January 25, 2001. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff August 22, 2003 ; by Defendant August 25, 2003 (b)(1) Date of execution of the Plaintiff s affidavit required by Section 3301 (d) of the Divorce Code: Defendant: (2) date of service of the Plaintiff s affidavit upon the 4. Related claims pending: None Attorney for (X) Plaintiff ( )Defendant JAMES R. HARDMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.O1-368 LOIS H. HARDMAN, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 19, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 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 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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: ~~ O.~ ~~~ ~~ -~--~ LOIS H. HARDMAN JAMES R. HARDMAN, Plaintiff vs. LOIS H. HARDMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-368 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(cl OF Ti~i DIVORCE CODE I consent to the entry of a Final Decree of Divorce without further 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 statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorifies. Date: ,~~ .a aG0 ~.I/~- R~X?~h~2~~~t'e~=-t~i OIS H. HARDMAN ~ . _'.1 4~ ,n~'^ ~~~ ~ „ ; is i (1 ~z 7 4hlIY,3}q_i1,~1i~a1{ MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this 10'~ day of ~un.~E , 2003, by and between LOIS H. HARDMAN, hereinafter referred to as "Wife", and JAMES R. HARDMAN, harxina~ter r' ~. 'roo't, ~ ,~ ~, -,. - . n;. n ~ referred to as "Husband". ~ ~ % ' , , , ` , ~ =- `~ r 5 v WITNESSETH: ~,,~ ,s T? , _ --~ ~ WHEREAS, the parties hereto are Husband and Wife, having been married orr~pri1,8, <~: 1988, and there are no children of the mamage; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFECT OF DIVORCE DECREE. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligafions entirely independent of any Court Order and that this Agreement maybe enforced by contract remedies in addition to any other remedies which maybe available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which maybe entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the sole purpose of enforcement of any of the provisions thereof and not for modification of the Agreement. 4. DATE OF EXECUTION. The "date of execution" or "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 2 date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Diane S. Baker, Esquire, and to Husband by his attorney, Jarad W. Handelman, Esquire. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 6. PERSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, 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. 3 7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 8. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, 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 or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights 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 other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or 4 nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. RETIREMENT ACC®UNTS AND PENSION PLANS. Husband was employed during the marriage by AMP Incorporated, now known as Tyco International and as a result of said employment is the title owner of an individual retirement account with Provident Mutual, account number 0204386420 and an annuity account with Lincoln Benefit Life, policy number F0153421, both of which were created from the lump sum distribution that Husband received upon his retirement. Wife has been employed during the marriage by the Commonwealth of Pennsylvania and as a result of said employment is the title owner of a retirement account/pension. Husband waives any rights he may have to the retirement account/pension of Wife and it shall become her sole and separate property. Husband further agrees that he shall transfer to Wife the sum of $20,000.00, plus actual interest earned from the date of this Agreement, from his individual retirement account with Provident Mutual. Said amount, with income, shall be transferred to, at Wife's option, an IRA, a deferred compensation account, or other tax-free account, of her choosing. Wife shall be solely responsible for any and all tax consequences of such transaction, if any, without contribution from Husband. The balance of Husband's Provident Mutual account remaining after the transfer to Wife and the 5 annuity account with Lincoln Benefit Life shall become Husband's sole and separate property. It is intended by the parties that this provision for retirement benefits shall be approved by the Court as a separate order which shall constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the I.R.C. Husband shall be responsible for prepazation of all documents necessary to effectuate the transfer of the $20,000.00 plus income from his Provident Mutual account to his Wife and said documents shall be forwarded to Wife within thirty (30) days of the date of execution of this Agreement. Both parties agree to execute all documents necessary to effectuate the transfer upon request, including the QDRO and any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. Except as specifically provided for in this Agreement, Wife and Husband hereby release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or similar benefits of the other party. 10. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have divided their tangible personal property, including, but without limitation, jewelry, clothes, pets, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art, train collection, and other personal property in as equitable a manner as possible. All such property currently in possession of Wife shall become the sole and exclusive property of Wife. All such property currently in possession of Husband shall become the sole and exclusive property of Husband. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 6 11. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. AUTOMOBILES. The parties agree that they have no jointly owned motor vehicles. Any individual motor vehicles owned by the parties shall become the sole and separate property of the party in whose name the vehicle is currently titled and both parties waive any rights they may have to the vehicles of the other. 13. BANK ACCOUNTS. The parties agree that all joint bank accounts have already been closed and divided to the satisfaction of the parties and they have no remaining joint bank accounts. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank account(s) of the other. 14. REAL ESTATE. The parties are the owners of a residence located at 5 Abbey Lane, Camp Hill, Cumberland County, Pennsylvania. Wife agrees that she shall transfer her interest in this residence to Husband and it shall become his sole and separate property. Husband agrees that he shall be solely responsible for the debts owed on said residence including the mortgage to Waypoint Bank and shall indemnify and hold Wife harmless therefrom. Husband shall also be solely responsible for all expenses related to the residence including but not limited to taxes, utilities and insurance. Husband further agrees that he shall refinance the existing mortgage within ninety (90) days of the date of execution of this Agreement, removing 7 Wife's name from responsibility on the existing mortgage. Husband shall file a refmancing application with a mortgage company on or before 3une 2, 2003. In consideration of Wife's interest in the residence, Husband agrees that he shall pay to Wife the sum of Eighty thousand five hundred dollars ($80,500) within ninety (90) days of the date of execution of this Agreement, or upon refinancing, whichever occurs first. Wife agrees to sign all documents necessary to implement this paragraph upon request including execution of the deed upon proof of refinancing and receipt of the aforementioned payment. 15. CURRENT LIABILITIES. Except as set forth elsewhere in this Agreement, the parties agree that they have no joint liabilities. All debts accumulated during the marriage are in the sole and separate name of the individual parties and shall become the sole and separate responsibility of the named party, who shall indemnify and hold the other harmless therefrom. 16. WARRANTY AS TO EXISTING OBLIGATIONS. Each parry 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 parry agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 17. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, chazges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 18. LIFE INSURANCE. Any life insurance policies owned by the parties shall become the sole and separate property of the party in whose name the policy is in. Both parties specifically waive any rights which they may have to said policies by virtue of having been a named beneficiary thereon. 19. HEALTHCARE COVERAGE. Both parties acknowledge that, effective the date of entry of a Decree in Divorce, it shall be their individual responsibility to provide their own medical insurance coverage. To the extent medical insurance coverage is affected by marital status, it shall be the individual responsibility of Husband and Wife to immediately notify his or her employer of the change in marital status. 20. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 9 21. BANKRUPTCY. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. 22. WAIVER OF PAYMENT OF LEGAL FEES. Wife shall be responsible for payment of her legal fees. Husband shall be responsible for payment of his legal fees. 23. ALIMONY, ALIMONY PENDENTE LTTE AND SPOUSAL SUPPORT. Including the benefits provided for in this Agreement, Husband and Wife each have sufficient property and/or income to provide for his or her reasonable needs. Therefore, notwithstanding any provision in the Divorce Code to the contrary, and except as otherwise specifically set forth in this Agreement, Wife and Husband expressly waive, discharge and release any and all rights or claims which he or she may have, now or hereafter, by reason of the parties' marriage, to alimony, alimony pendente lite, support, maintenance and/or any other such benefits resulting from the parties' status as husband and wife. Effective the date of entry of a Final Decree in Divorce, Wife shall terminate her claim for Spousal Support/Alimony Pendente Lite. Wife agrees that the termination of her support from Husband shall be retroactive to the date of the Final Decree entered in this matter, regardless of the date of the filing of any paperwork necessary to effectuate the termination with Domestic Relations, or the date of the holding of any support conference or hearing on such issue. 10 24. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of properly between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry-over basis provisions of the said Act. In the event that there is a transfer tax assessed then said tax shall be the responsibility of the party receiving the property. 25. 1dIUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire additional marital counseling, and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such consents, affidavits, or other documents and to direct their respective attorneys to file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 26. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and 11 no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 27. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 29. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 31. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or 12 breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other that those expressly set forth herein. The parties further acknowledge that any previous agreements between them are incorporated herein. 33. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 34. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law 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 her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 35. IIEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of 13 reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first ~abjo~ve written, c-~ITNES~~S WITNESS ~`, , z LOIS H. HARDMAN i R. 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF air On this, the ~ day of ~~~ :ss. 2003, before me a Notary Public of the Commonwealth of Pennsylvania personally appeared LOIS H. HARDMAN known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. _.. _..- "°,~` -° ~ ~- ~'~'~ ` -~ - Notary Public ~~" 1 ARIRL~A IAYR~d I RWUlPM' N IIDUNI- 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~RUPH ~ ~ :ss. On this, the }o`er day of SuY~ e , 2003, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared JAMES R. HARDMAN known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 16 JAMES R. HARDMAN, 5 Abbey Lane Camp Hill, PA 17011 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTI', PENNSYLVANIA CNIL ACTION -LAW v. LOIS H. HARMAN, 5 Abbey Lane Camp Hill, PA 17011 Defendant NO. bl-~(~ IN DNORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You aze 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 or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the mazriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Lancaster County Courthouse, 50 North Duke Street, Lancaster, PA 17602. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNLSION 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 THLS PAPER TO YOUR LAWYER AT ONCE. H+ 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 Cazlisle, PA 17013 (717) 249-3166 JAMES R HARDMAN, 5 Abbey Lane Camp Ilill, PA 17011 Plaintiff v. LOIS H. HARMAN, 5 Abbey Lane Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DNORCE COMPLAINT UNDER SECTION 3301(cl or 3301(dl OF THE DNORCE CODE TO THE HONORABLE, THE NDGES OF SAID COURT: AND NOW, comes the Plaintiff, JAMES R HARDMAN, by his attorney, A. MARK WINTER, ESQUIRE, and represents as follows: DNORCE UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is JAMES R. HARDMAN, who currently resides at 5 Abbey Lane, Camp IIill, Cumberland, Pennsylvania 17011. He has resided there since July of 1988. Z. The Plaintiff's Social Security Number is 199-26-3053. 3. Defendant is LOIS H. HARDMAN, who currently resides at 5 Abbey Lane, Camp Hill, Cumberland, Pennsylvania 17011. She has resided there since July of 1988. 4. The Defendant's Social Security Number is 188-32-3708. 5. JAMES R HARDMAN and LOIS H. HARDMAN have been a bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint, 6. The Plaintiff and Defendant were married on April 10, 1988, in Middletown, Dauphin County, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court requires the parties to participate in wunseling. 10. Plaintiff nor the Defendant aze in the military or naval services of the United States or its allies, or aze otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. 11. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce. COUNT NUMBER ONE EQUITABLE DISTRIBUTION 12. Plaintiff repeats and realleges the averments of pazagraphs 1 through 11 which are incorporated by reference herein. 13. Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by this Court. -2- WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. Respectfully submitted, A Mark Winter, Esquire 310 W. Chocolate Avenue Hershey, PA 17033 (717)533-4868 ID #23178 Date: ~ - ~8 - O ( Attorney for Plaintiff -3- } Y JAMES R HARDMAN, : IN THE COURT OF COMMON PLEAS 5 Abbey Lane :CUMBERLAND COUNTY, PENNSYLVANIEI Camp Bill, PA 17011 Plaintiff CIVIL ACTION -LAW v. NO. LOIS H. HARMAN, 5 Abbey Lane : IN DIVORCE Camp Ffill, PA 17011 Defendant VERIFICATION I, JAMES R. HARDMAN, hereby verify that the statements in the foregoing Complaint aze true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of 18 PA.C.S. Section 4904, relating to the unsworn falsification to authorities. D!1 / ~_ ~t "r~ ~~s ~i{~`)7A~Y < <~' ~~, . ~! .,AH 19 ~e~ It~~ 1 ~ G11~;~~NN Y VA,NIA~ /SUU- ~~~~`C ~gs-`~ ' l~cL ,~ l ~~ /~y~ ~~ ~~4 ~7y t JAMES R. HARDMAN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.OI-368 CIVIL TERM LOTS H. HARDMAN, :CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO PLEAD TO: James R. Hardman, Plaintiff; and A. Mark Winter, Esquire 310 West Chocolate Avenue Hershey, PA 17033 You are hereby notified to file a written response to the enclosed within twenty (20) days from service hereof or a judgment may be DATE: 1~~~~~~~ er, Esquire Supreme Court ID #53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717)671-9600 ~. ~ ~ ~ o W ~ o 'r' v a~ ~ a ~ ~ ~' U O PW, `~ o ti H U .9 `' a ~ °~ ~ ~ o z y w O ~ a ~ ~ .~ ~ ~~ F `^ .,~. Y y x b U W M ~ 0 ~ ~ 7~ ' VJ d 'W" Q ~ i+ d o ~ y-1{~, 3 ~ q a a U b ~ ° r, .. .. .. .. .. .. -d -- c p w ~ ~ .~ fYi q ~ '~ Y •~ .y ~, ti W ~ ~ ~ U ~ ~ ~ ~ ~ ~ ~ ' °z ~ ~ ~ q Q ~ ~ ~ V1 '„T'y y ~ N M ~ ~, ~ O O V ti 0 ~ ~ O .~ .~ ~ ~ '.~ '~ .ti ,b '~ o ~ '.~ o a ~ ¢ ~ a ~ ~ z ¢ z o r, ti .~ U N O O Y a ~: S." W Q U 0 A .~ N U A .~ ~ .~ " U ~ ,~ ~ ~ V ~ W ~ Q N O ~1 ~ i~-i y x ~ W ~ ~ N ~ T P p '~ '~ W ~ ~ W ~ Y f~/~ 1~ y cd y Ir ~ O O, ~ ~ O h~ o ~ ~ a~ o O ~ ~ ~ ~ ~ ~ ~ ~ '-' ~ O ~ W ti 'ob y U ~ 4L c'`~ wl ~° v ;~ W .-.a W ~ .ti Q o O O .c ~~/j ~ U U c+lO ~ a ~ u~. ~ a N M y V .--i .-y ~ .-. ,D .~ .~ a, y ~ o -°' o N -a °' U O ,~ Y .~ G. A ~~ y~ U b ° w °~' A 0 o ¢' U d ro ~ O y" ~ ~ O r) c0 ~ ~' .~ ~ o 0 .~ ~ ~ '--~ N ~ `~, ° ~, ~ ~ ~ ~ o ,~ ~ ~ o .~ °' ~ a p a.+ ~ .~ ~ .~ y ~ ~ ~ ~ ~ y N ~ ~ 1.n ~ O. a~ cN W ~ Q" A A b ti ~ y `~ ~ O ^C ~ .b ~ y G ~ O ~ ~p O ~ o ~ o ~ ~ .~ ti ~ ~ ¢. o c Y ~ a ~ •~ ~ Q ~ k w '~ O ~ ~ 0 y .N. y '~ ti y w ° w o ~ v ~ .~ ~ ~Y d ~ o .~ ~ ~ w a .~ a "~ a A ~ ~ y ~ ~ ti ~ .~ O U N ~' "C LL 0 O a :: V icy V Ct3 .~ a w A N y .O .~. ~. ~° bq .~ 0 U 'O 0 ¢, 0 0 .~ .~ U a c~ N ~ N W Q C7 ~. 0 w .~ 3 .~ a 0 U y y d i~ a w W~ "~' Q W N A W O ~: Q 0 U Y d fa Q O W A .~ a ~3 Y Rt .~ '~ .~ Q 0 .~ a. .~ v o. 0 p. Y .y~ C~ `~. b w ti y U :? a a 0 R '} .~ -a o" .~ Q cC '~ .~ -a o" M N N O .~~~~~ W~~~~ ~ '" ,~ ~ .~ f•A° Pte, ~ Q~ ~ ~ U ~~ ~ ~~`~a~ ~v1,••~~ a y r, IP V]Na°x~ 0 N Q d o ~ o. c U ~ a. ~ 0 ,_. ~ s" ~ .~ '" c y ~ A °' ~ o ~ o z o h,-0 ~ a ~ ~' d ~ ~~ N ~' N U ~ i U '~ ~ w O y ~ ~ `~ P y ^ ° . a~'+ ~ y w O y .~ N ~ ti N y .~ i+ ~ y ~ y ~ ~ ~ Q ~y+ ~ ~ U y ~ ~ ~ U 77 ~ `" c U 'O U a ~--i 5 w 0 F H W U 0 0 0 N rte'. N bA .~ O n*' 1) w ~ O c N 3 0 3 0 >, o ~ ~ v o y b ~ ~ ~ ~ d ~ o v° y p, ~ d w 0 ~ `~' >' ° ~ o a, A U U ~ U ,S r-i .~ V1 ~~ M m ~ O .~ o ~ Aga U a~i '~ y ~i~. ~/ ,7, ~ o M M 7 ~ O ~ ~ ~ /~ W C1 C F~ ~ l~ ~ ~~ ~a~ a~ ~V~ ~ G ~~ ~ . p ~ ~ ~ r . ~c a i a i p ~"~ V] Y y r4 Av va; ~~ ~, r ~r ~ ` ~ ~` ,:,,T. r f (; r..r,ltRY r`i 2:?7 4PiUI~~~arS~r iii f'~._'y L,i ! a;" ~~"~' !2~ !/ 4 vl 7 JAMES R. BARDMAN, Plaintiff v. L025 H. BARDMAN, Defendant IN T8E COURT OF COMMON PLEAS . CUMBERLAND COVNTY, PENNSYLVANIA NO.: 01-368 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S CODNTERCLA]1S ANA NOW, comes the Plaintiff, JAMES R. SARDMAN, by his attorney, A. MARS WINTER, ESQUIRE, and answers Defendant's Counterclaim as follows: COUNT II - ALIMONY PENDBNTE LIFE, COUNSEL FEES, COSTS AND EBPENSES 14, Admitted. 15, Denied. Defendant is is control of how much money she will expend in the preparation of her case and the employment of her counsel. Specific proof that Defendant will be put to considerable expense is the preparation of her case and the employment of her counsel is demanded at trial. 16, Denied. Defendant is a full-time employee of the Commonwealth of Pennsylvania and earns as income that is more than sufficient to adequately support and maintain herself during the pendency of this action and to pay for her own legal counsel expenses and costs. 17, Denied. Plaintiff has adequate earnings to maintain himself sad pay for his legal counsel costs and expenses, but does not have adequate income to also provide for.Defeadaat's support and to pay for her legal costa. Specific proof of this allegation is demanded at trial. COIINT III - AL~ONY 19. P,dmittad that Paragraphs 1 through 17 are incorporated by reference herein. Denied to the extent that Defendant made denials is Paragraphs 15, 16 and 17. 20. Denied. Defeadaat has sufficient property sad income to provide for her reasonable seeds. Specific proof of her lack of sufficiency is demanded at trial. 21. Denied. Defeadaat is currently a full-time employee of the Commonwealth of Peansylvaaia with a salary and a benefits package that is more than sufficient to adequately support herself. Furthermore, Defeadaat voluntarily left the marital residence sad is maintaining herself is her own separate residence sad is able to pay all necessary costs of mainteaaace through her own resources. 22. Denied. Plaintiff has sufficient income sad assets to provide for his own support and maintenance, but sot to also provide far the separate support sad mainteaaace of Defeadaat. Specific proof of this allegation is demanded at trial. YiSS&~F'OHS, Defendant requests the Court to deny the entry of as alimony award is favor of Defeadaat. ~SERE8+08E, Plaintiff requests the Court to eater a Decrees (a) Dissolving the marriage between Plaintiff and Defeadaat; (b) Equitably distributing all marital property owned by the parties hereto; (c) Denying the request of Defeadaat for Alimony Peadeate Lite, costs and expenses; (d) Denying the payment of alimony; and (e) Such further relief as the Court may determine equitable and just. &espectfully submitted, l L( ^ l~IitdlrtM ~.C.s.~.(it A. ark inter, Esquire 310 LP. Chocolate Avenue Hershey, PA 17033 (717) 533-4868 ID #23178 Attorney for Plaintiff Date: ECEK~~aI I, JAMES R. HARDMAN, hereby verify that the statements in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of 18 PA.C.S. Section 4904, relating to the unsw ~ '~ ' Dated: D~+GEH~~ f4 t CERTIFICATE OF SERVICE I, A. MARK WINTER, ESQUIRE, attorney for Plaintiff, JAMES R. HARDMAN, certify that I caused a true and correct copy of the foregoing document to be served by first class mail, postage prepaid, on the date set forth below, upon the following individual: Diane S. Baker, Esquire 27 South Arlene Street Harrisburg, PA 17112-0443 A. MARK WINTER, ESQUIRE Dated: ~z- ~ ~- ~i ~. r~ -i;-- =~Y .., , f;~'Ji,h: ~ „I,)r,i,v ` ~~ I L'. «' LOIS H. HARDMAN, Plaintiff /Petitioner vs. JAMES R. HARDMAN, Defendant/Respondent DR 31283 PACSES ID 781104077 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION -LAW NO. 2001-368 CIVIL TERM ORDER OF COURT AND NOW, this 25'" day of February, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $2,240.81 and Respondent's monthly net income/earning capacity is $3,248.42, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $338.00 per month payable monthly as follows; $338.00 per month for alimony pendente lite and $0.00 on arreazs. First payment due within ten days for the retroactive amuont of $1,014.00 through March 3, 2002. Arrears set at $1,014.00 as of February 25, 2002. The effective date of the order is December 4, 2001. Husband is to make a lump sum payment of $1,014.00 directly to wife within ten days upon receipt of this order. Wife is then to confirm with the Domestic Relations Section that she has received the said amount. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declaze the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, comrnitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Lois H. Hardman. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Petitioner to provide medical insurance coverage. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on Petitioner ,~-,~Z~J-U~ to: < kespondent biane Baker, Esquire A. Mazk Winter, Esquire BY TFIE COURT, .~ -~ LOIS H. HARDMAN, Plaintiff /Petif inner vs. JAMES R. HARDMAN, Defendant/Respondent DR 31283 PACSES ID 781104077 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION -LAW NO. 2001-368 CIVIL TERM ORDER OF COURT AND NOW, this 25`~ day of February, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $2,240.81 and Respondent's monthly net income/earning capacity is $3,248.42, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $338.00 per month payable monthly as follows; $338.00 per month for alimony pendente lite and $0.00 on arreazs. First payment due within ten days for the retroactive amoont of $1,014.00 through March 3, 2002. Arrears set at $1,014.00 as of February 25, 2002, The effective date of the order is December 4, 2001. Husband is to make a lump sum payment of $1,014.00 directly to wife within ten days upon receipt of this order. Wife is then to confirm with the Domestic Relations Section that she has received the said amount. Failure to make each payment on time and in full will cause all arreazs to become subject to immediate collection by all of the means as provided by 23 Pa.C. S. § 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Lois H. Hazdman. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. FI1 ~~J Petitioner to provide medical insurance coverage. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Stiadday Mailed copies on Petitioner a -~2,{~-(7? to: < Respondent Diane Baker, Esquire A. Mark Winter, Esquire BY THE COURT, ~~- 9 M.. ~ ~- (V '~1 C ~y {P r,-1 -_ rn ~' .., ;a ~Fn ~r J i F 7t~ ``-y Cs; i-' ~r ~~ S. ~ ~°) ~G ~ U~ - ter. -~; ~n-x-~,-~a vas- ..,het=n.-:s~.:,.rau+a?R:a'mt".'e am;s<..~,, •s:~wP.:r?r-."p; ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania /p~~~S -7g//ij~p7J' Co./City/Dirt. of ct7MBERLAND ~~ 3l a~3 Date of Order/Notice 02/25/02 CouNCaseNumber (See Addendum for case summary) Employer/Withholder's Federal EIN Number SOCIAL SECURITY ADMINISTRATION EmployeNWithholder's Name C/O MR. HEWITT EmployegWithholder's Address MINVERVA MILLS BLDG 401 E LDUTHER ST CARLISLE PA 17013-2657 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: HARDMAN, JAMES R. Employee/Obligor's Name (Last, First, MI) ) 199-26-3053 Employee/Obligor's Social Security Number 4028100881 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 338. oo per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater3 ®yes ~ no $ o. oo Per month in medical support $ o . o o per month for genetic test costs $ per month in other (specify) for a total of $ 338.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 7a . o o per weekly pay period. $ 156. oo per biweekly pay period (every two weeks). $ 169. oo per semimonthly pay period (twice a month). $ _~per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of order: FEB 2 6 2002 ~, ~SCL(l b~~lJ.~-L svp~E r ' ~ ~°""~""_> v~ Form~EN-028 Service Type M "~ '~' ~~"' OMB No.: 09]0-0154 Worker ID $OINC a -(} Expiration Dale: 12/31/00 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* . You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligorwhh Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 8384100092 EMPLOYEE'S/OBLIGOR'S NAME: I-IARDMAN, JAMES R. EMPLOYEE'S CASE IDENTIFIER: 4028100881 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments; You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania Stale law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligor fmm employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesserof: 1) the amounts allowed by the Federal Consumer Credit Protection Ad (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee%bligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (7171 240-6248 or by Internet La Service Type M Page 2 of 2 OMB No.: 09]0-0154 Expiration Date: 12/31/00 Form EN-028 WorkerlD $OINc ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HARDMArt, JAMES R. PACSES Case Number 781104077 PACSES Case Number Plaintiff Name Plaintiff Name LOIS H. HARDMAN Docket AttachmentAmount Docket AttachmentAmount 01-368 CIVIL $ 338.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket AttachmentAmount $ o.oo ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket AttachmentAmount $ o.oo Child(ren)'s Name(s): DOB -~ --- (IL'cC~-'~`; FlG~ CJi~ ~4Lr:Lra ai COUNiY Pc""NNSYL\r{tf~llrl ~~ s .~ JAMES R. HARDMAN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2001-368 CIVIL TERM LOIS H. HARDMAN, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 23rd day of January, 2001, I, A. MARK WINTER, Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7000 1670 0002 8491 6836 at Hershey, Pennsylvania, addressed to: Lois H. Hardman 5 Abbey Lane Camp Hi11, PA 17011 Mailing and return receipt cards attached hereto. A. MARK INTER, Esquire I.D. No. 23178 310 West Chocolate Avenue P.O. Box 412 Hershey, PA 17033 (717)533-4868 t m ~ - Postage $ ,~ -. ~.. ~ Certified Fee ~~~ x y ra O , os ,p 1'Id ° Return Receipt Fee (Endorsement Required) ~ p1 ~~y ~ yA. ~, ~{' ~ Restricted Delivery Fee (Endorsement Required) ¢ ~~'1f / , pr ~ ~ ~~ v' OO J w , ° [`- Total Postage & Fees ,+' ~ '' Sent TO Lois H. Hardman - '-"""'~ ° Streeq Apt. No. ar PO Box No. ---------------- - ° Lane, 5 Abbey Camp_Hill,_ _PA__17011 ---------------- N _ _ __ Cih State, ZIPW _ v _ _ _ - It 5ne11bHow- ' of o Complete items 1 and/or 2 for additional servi~s.. - IAg 99Y'lf}F;df5 (f$1r en BXtra fee): ' m ~ ~ ~ Complete items 3, 4a, antl 46. o P.dnt your name and address on the reverse of this form so that we canretumNis - ' m ~~~ i ~, ~ ~ y card to you. O Attach this fops to the front of the mpilpiece, or on the Dadc if space does not perms. -::: 1. ^ Addressee s Address 2 $; Restricted Delivery ~ '~ Z N ' ^P/dte'Retum Receipt Requested'onthe mailpiece;)~pldw the article nyfpper. / ` ' '. ~ O The Retum Receipt Will show towhom the amcle Wee delivered a nd the Qate 6. =_ ' '. o delivered. ~ i 3. Article Addresseq to: - 4a. Article Number ' ~ P ~ ~7! ~ ~ [ ~ ~ ' c TI Y YYIIV,' • h~ ~ ~ •. rTI7r~ fir 4b. Service ype , - m f y~ //y~ ~ ,p ,w~ ~ ~~ ~ ~ ' + ^ Registered Certified ¢' TrY ^/ ,~ i7-(5 U ^ Express Mail ^ Insured w G~~ /t/~~ ~~ ;7®-(.~ r7 ^Retum Receipt for Merchandise ~CQD _ 7. Date of De ^ry ^ ' r ~ O `/ ~~ ~ w 5. Received By: (Print Nam) ' 8. Addressee's Address (Only if requested and fee is paid) m ~~~ c 6. Sin re (A, re see r/tq/p~nt) - w . ;, s n r .! I i i ~ PS Form 3 9 , DOCernber 1994 ~ ~ tozsss-sae-ozzs Domestic Relu:,, =, _ ,_; , is ,.:, r > ~.°r. ,, - ,'' 1 Lii y V v~ JAMES R. HARDMAN Plaintiff vs. LOIS H, HARDMAN, Defendant IN THE COURT OF COM~?ON PLEAS OF CLi`~ERLAND COUNTY, PENNSYLVANIA N0, 2001-368 MOTION FOR APPOLYT~.,1T OF DIASTER James R. Hardman (Plaintiff) ~I~€'Pt~> moves the court to appoint a master with respect to the following claims: (X ) Divorce (g) Distribution of Property ( ) Annulment ( ) Support (X ) Alimony (X ) Counsel Fees (X ) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appoiataient of a master is requested. her (2) The defendant (has) (h~~x~9 appeared in the action (x~seuaamasL~.:g; (by $i#3~ attorney, Diane S. Baker ,Esquire). (3) The staturorq ground(s) for divorce (is) (E~) irretrievable breakdown (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims: all of the above except divorce (5) The action (s~duRCad (does not involve) complex issues of law or fact, (6) The hearing is expected to take one-half Ct'~) (days). (7) Additional information, if any. relevan~t`to the motion: Date: November 15, 2002 Attorney QD~ffi~d~757t ) ORDER APPOINTING i4ASTER _ AND NOFi ~mtsnM~ai~r ./~„1~ crow ~- ~/a.,J Esquire, is appointed~st~ez with respect to the following claims: By the Cour J ~ `~ ~ k 4 *R a {.., s ai,"",~,2~~s,,~_i i, u . _„ ,i~^~ ~. i ~ - "i ~...., _ ~~ t k u i rv t.~ _: t~~ - c_ .- ~' c . _ ,,, _ _. J_ _ ._ _,:, . ~~ , , t ~"' ~~ ~'~~ JAMES R. HARDMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. O1 - 368 CIVIL LOIS H. HARDMAN, Defendant IN DIVORCE TO: Max J. Smith, Jr. Attorney for Plaintiff Diane S. Baker Attorney for Defendant DATE: Monday, November 25, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. All discovery is com~i~~e with escception of possible appraisals of the parties' respective personal hobby collections. There are no outstanding interrogatories or discovery motions. Plaintiff submits that the aforesaid appraisals should not delay the scheduling of the pre-trial conference in this matter. r ... (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Discovery is complete with the e~cception noted in subpart (a). In the event appraisals are completed by the parties of their personal hobby collections, such appraisals shall be exchanged attthe time of completion. Plaintiff submits that the aforesaid appraisals shall not delay the scheduling of the pre-trial conference in this matter. 19 / fn ~O ? ~ ~ ~ For. Max 3. ern iH ~~ DATE COUNSEL FOR PLAINTIFF (X ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. JAMES R. HARDMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. O1 - 368 CIVIL LOIS H. HARDMAN, Defendant IN DIVORCE TO: Max J. Smith, Jr. Attorney for Plaintiff Diane S. Baker Attorney for Defendant DATE: Monday, November 25, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: .a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Please see attached correspondence dated December 4, 2002 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. December 4, 2002 ~ ~ /~~ DATE SEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT (xx) Diane S. Baker, Esquire NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. F` JAMES R. HARDMAN, Plaintiff v. LOIS H. HARDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO:Ol-368 IN DIVORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT LOIS H. HARDMAN. Defendant files the following Income and Expense Statement and verifies that the statements made herein are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. l /C~ 1~ Om~f~~~~~o~ LOIS H. HARDMAN Defendant r~ 1 INCOME AND EXPENSE STATEMENT OF LOIS H. HARDMAN INCOME: Employer: Commonwealth of Pennsylvania Address: Department of health_ Type of Work: clerical Pay Period (Weekly, Biweekly, etc.) : Bi-Weekly Gross Pay Per Pay Period: 1495.50 Itemized Payroll Deduction: Federal Withholding $ 225.10 Social Security 104.40 Local Wage Tax 21.68 State Income Tax 41.87 Retirement 93.47 Union dues 22.43 NET PAY PER PAY PERIOD $ 986.55 OTHER INCOME: Spousal support 338.00/month TOTAL INCOME 2475.53/month E i EXPENSES: Monthly Yearly Home Rent 700 Maintenance 100 Utilities Electric 135 Telephone 75 Cable 38 Employment Parking 100 Insurance Renter's 130 Automobile 628 Automobile Payments 241 Fuel 120 Repairs ~ 750 AAA membership 38 Personal Clothing 200 Food 600 Hairdresser 250 Credit payments PSECU Visa 125 ~ Medical Medicine 480 Special needs 700 Miscellaneous Entertainment 100 Gifts 750 Memberships Legal fees 200 Charitable contributions 600 TOTAL EXPENSES $2634 $4426 • .. t CERTIFICATE OF SERVICE ~~ J~ AND NOW, this ~ day of ~ ~ ~~ , 2003, I hereby certify that I have this day served a copy of the fo egoing document, by First Class Mail on the following: Max Smith, Esquire James, Smith, Durkin & Connelly P.O. Box 650 Hershey, PA 17033-0650 DATE: ~~3~ ~`~ i -, I , Diane aker, Esquire preme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 1 71 1 2-0443 (717)671-9600 .* r> ca -, ~'' - > - _ _ 7Y W ~~. ~~ _ '~ ~.. r L: 'CL; yn ~ ~ ~ i-j ~ ~ ' - y c7 C~ 'rn 'w t0 ~ t~FS i,•rvv"arv x ;av:sx~.+rmr~Ffi:r~+it9ia+#~'~+ ;rr s~w,~k~'ti~i. JAMES R HARDMAN, Plaintiff v. LOIS H. HARDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-368 CIVIL TERM CIVIL'ACTION -LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF JAMES R. HARDMAN Plaintiff files the following Income and Expense Statement and verifies that the statements made herein are true and correct. Plaintiffunderstands that false state nts herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to nsworn falsification to authorities. i''~ ` /~AME5 R. INCOME: i' j Employer: Retired (see Other Income) Address: Type of Work: Payroll Number: Pay Period (Weekly, Biweekly, etc.): Gross Pay Per Pay Period: Itemized Payroll Deductions: Federal Withholding: Social Security State Income Tax Local Wage Tax Medicare Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify): NET PAY PER PAY PERIOD ~ , Other Income: Interest Dividends Pension * Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. Spousal Support Child Support TOTAL * Annuity will expire by its terms in August 2004. EXPENSES HOME Mortgage/Rent Maintenance Repairs UTILITIES Electric Gas Oil Telephone Water Sewer Trash EMPLOYMENT Public Transportation Lunch TAXES School Real Estate Personal Property Income Week Month Yeaz (Fill in Appropriate Column) 68.45 20 32,063.88 17,748.00 $ 49,900.33 Week Month Year 8,873.52 1,500.00 6,000.00 210.40 444.80 444.51 204.50 351.00 1,839.23 482.37 9.80 5,817.00 EXPENSES INSURANCE Homeowners Automobile Life Accident Health Renters AUTOMOBILE Payments Fuel Repairs Maintenance Licenses Registration Auto Club MEDICAL Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices EDUCATION Private Parochial School College Religious School lunches Books/misc. PERSONAL Clothing Food Bazber/Hairdresser Personal Caze Laundry/Dry Cleaning Hobbies Credit Cards Memberships Week Month Yeaz (Fill in Appropriate Column) 350.00 375.00 2,399.40 400.00 600.00 150.00 15.00 58.50 100.00 30.00 600.00 1,766.72 180.00 100.00 500.00 225.00 t . EXPENSES LOANS Credit Union MISCELLANEOUS ~Iousehold Help Child Caze PapersBooks/Magazines Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Pet Expense Lessons for Children Cell Phone Other Support Alimony Payments OTHER PC 15P TOTAL EXPENSES Week Month Yeaz (Fill in Appropriate Column) 150.00 500.00 130.44 1,000.00 1,200.00 5,000.00 375.00 4,068.00 179.40 $ 46,629.59 JAMES R. HARDMAN, Plaintiff v. LOIS H. HARDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-368 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 31st day of January, 2003, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Income and Expense Statement by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Diane S. Baker, Esquire P.O. Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 f MAX J. SMITH, ., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly u.r P.O. Box 650 Hershey, PA 17033 (717) 533-3280 t ~J ,~ c w ~,~. G % -'- - L _ ~ ~[ ,~ ',in JAMES R. HARDMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-368 CIVIL TERM LOIS H. HARDMAN, :CIVIL ACTION -LAW Defendant IN DIVORCE INVENTORY AND APPRAISEMENT OF JAMES R. HARDMAN Plaintiff files the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory and appraisement are true and correct. Plaintiff understands that false statements herein are made subject to the, penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 1 R. ASSETS OF PARTI Plaintiff the case at bar If an item has attached. marks on the list below those items applicable to and itemizes the assets on the following pages. been appraised, a copy of the appraisal report is (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance policies (indicated face value, cash surrender value and current beneficiaries) (X) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritance ( ) 13. Inheritance ( ) 14. Patents, copyrights, inventions, royalties ( ) 15. Businesses (list all owners, including percentage ownership, and officer/director positions held by party with company) ( ) 16. Employment termination benefits - severance pay, workman's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) (X) 26. Other of a date MARITAL PROPERTY (X) Plaintiff ( ) Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM DESCRIPTION NAMES OF DATE OF COST OR VALUE AS OF AMOUNT OF NATURE OF EFFECTIVE HOLDER NUMBER OF PROPERTY ALL OWNERS ACQUISITION VALUE AS OF DATE ACTION LIEN ANY LIEN DATE OF LIEN OF LIEN DATE OF COMMENCED ACQUISITION 1. Marital Home: James and Lois 1969 $122,000.00 $122,000.00 $60,000.00 Mortgage 1989 National First 5 Abbey Lane, Hardman (est.)(TBD) (est. Mortgage Corp. Camp Hill, PA present value) 2. 1994 Ford F- James R. 1994 $20,000.00 TBD None N/A N/A N/A 150 Pick-Up Hardman (est.) Truck 2. 1999 Buick Lois H. 2000 Unknown - TBD Unknown - TBD Unknown - Unknown - Unknown - TBD Unknown - TBD Century Hardman TBD TBD 2. 1998 Ford Lois H. 1998 Unknown (traded Unknown Unknown Unknown Unknown Unknown Taurus Hardman in on 1999 (traded in on (traded in (traded in (traded in on (traded in on Buick Century) 1999 Buick on 1999 on 1999 1999 Buick 1999 Buick Century) Buick Buick Centux-y) Century) Century) Century) 3. U.S. Savings Loia H. est. 1988 $50.00 $4,043.28 None N/A N/A N/A Bond Hardman 3. Shares of James R. During Unknown - TBD Unknown - TBD None N/A N/A N/A Stock: Hardman Marriage Burlington Northern; Norfolk Southern; Union Pacific 5. Allf first James R. Unknown Varied est. None N/A N/A N/A Checking Hardman $20,000.00 Account 5. PSECU Checking Lois Hardman Unknown Varied $1,331.88 None N/A N/A N/A Account (update from W needed) 5. PSECU Checking Lois H. Unknown Varied $3,371.89 None N/A N/A N/A Account Hardman and (update from W Kelly E. needed) Weigle 6. PSECU Savings Lois H. Unknown Varied $790.99 None N/A N/A N/A Account Hardman and (update from W Kelly E. needed) Weigle 9. Pennsylvania Lois H. Unknown Unknown - TBD Unknown - TBD None N/A N/A N/A State Hardman Employees Insurance Policy 10. Provident James R. 1969 - 1998 Acquired over $132,000.00 None N/A N/A N/A Mutual Hardman course of (portion is Insurance employment non-marital) Annuity 18. PSERS Pension Lois H. 9/26/75 Acquired over Present Value: None N/A N/A N/A Hardman course of $276,362.03 employment Marital Value: $134,201.40 MARITAL PROPERTY (CONTINUED) (X) Plaintiff ( ) Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM DESCRIPTION NAMES OF DATE OF COST OR VALUE AS OF AMOUNT OF NATURE OF EFFECTIVE HOLDER NUMBER OF PROPERTY ALL OWNERS ACQUISITION VALUE AS OF DATE ACTION LIEN ANY LIEN DATE OF LIEN OF LIEN DATE OF COMMENCED ACQUISITION 19. Strong Lois H. During Unknown $5,315.73 None N/A N/A N/A Investments, Hardman Marriage (updated Inc. Funds values needed from W) 19. Vanguard Lois H. ~ During Unknown $8,654.45 None N/A N/A N/A Investment Hardman Marriage Accounts 19. Vanguard - Lois H. During Unknown $3,809.30 None N/A N/A N/A Roth IRA Hardman Marriage 25. Household James and Lois During TBD TBD (if None N/A N/A N/A Furnishings Hardman Marriage necessary, as parties have divided personal property upon W's departure from marital residence) 26. Train James R. portion of TBD TBD None N/A N/A N/A Collection Hardman collection acquired during marriage 26. Doll and Lois H. During TBD TBD None N/A N/A N/A Glassware Hardman Marriage Collection NON-MARITAL PROPERTY (X) Plaintiff ( ) Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: NONE. ITEM DESCRIPTION NAMES OF DATE OF COST OR VALUE VALUE AS OF BASIS FOR NUMBER OF PROPERTY ALL OWNERS. ACQUISITION AS OF DATE OF DATE ACTION EXCLUSION ACQUISITION COMMENCED FROM MARITAL PROPERTY 1. Down payment on James R. Hardman 1989 $35,000.00 (from sale of $35 000.00 (from sale of Acquired from sale of pre- marital residence prior residence) , prior residence) marital homebyH 5. PNC Checking James R. Hazdman Post-sepazatlon est. $19,000.00 N/A Acquired post-sepazation Account 5. Waypoint Checking James R. Hazdman Unlmown Varied (monies used for Varied (monies used for Monies used for payment Account payment of expenses; payment of expenses; of expenses; monies used monies used in calculation monies used in calculation in calculation of support. of support) of support) 10. Lincoln Benefit Life James R. Hardman August 2000 $120,000.00 (deposit) Monthly annuity payment Included in calculation of Company Annuity of $2,000.00 support to W. 10. Portion of Pro~zdent James R. Hazdman 1969-1998 Acquired during course of $132,000.00 (est.) Portion of Plaintiff s lump Mutual Insurance Amenity Plaintiffs employment sum retirement acquired prior to marriage. 18. Portion of W's PSERS Lois H. Hazdman During course of Acquired during course of $142,160.63 (non-marital Acquired prior to marriage Pension Defendant's employment employment portion) 25. Household Furnishings James R. Hazdman During marriage (W has TBD (if necessary) TBD (if necessary) Divided by parties removed property she wished to keep) 26. Train Collecrion James R. Hardman Prior to mamage TBD TBD Acquired prior to LIABILITIES (X) Plaintiff ( ) Defendant lists all liabilities of either or both spouses alone or with any persons as of the date this action was commenced. ITEM DESCRIPTION NAME OF NAME OF DATE AMOUNT OF DATE BALANCE PERIODIC NUMBER OF LIABILITY CREDITORS DEBTORS LIABILITY LIABILITY; IS DUE PAYMENT INCURRED WHEN INCURRED AND AMOUNT AND AT COMMENCEMENT OF ACTION 1. Mortage on A7ational First James and Lois 1969 $65,000.00 (est. Monthly Monthly - Marital Home: Mortgage Corp. Hardman at commencement 5 Abbey Lane, of action) $739.00 Camp Hill, PA 4. Car Loan tJIyjmo~ Lois Hardman 2000 Unknown Unknown Unknown LIABILITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following page: C~ L+('~TTD 1.,T1 (X) 1. Mortgages ( ) 2. Judgment ( ) 3. Liens ( ) 4. Other secured liabilities UNSECURED (X) 5. Credit card balances ( ) 6. Purchases ( ) 7. Loan payments ( ) 8. Notes payable ( ) 9. Other unsecured liabilities CONTINGENT OR DEFERRED ( ) 10. Contracts or Agreements ( ) 11. Promissory Notes ( ) 12. Lawsuits ( ) 13. Options ( ) 14. Taxes ( ) 15. Other contingent or deferred liabilities PROPERTY TRANSFERRED (X) Plaintiff ( ) Defendant lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years: NONE. DESCRIPTION OF PROPERTY TITLE OWNER DATE OF ACQUISITION DATE OF TRANSFER COST OR VALUE AT ACQUISITION VALUE AT TRANSFER AMOUNT OF LIEN NATURE OF LIEN DATE AND HOLDER OF LIEN 03 ,,I;"~~~ ~ ! P:~ 2~ E ~ JAMES R. HARDMAN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.Ol-368 CPJII. TERM LOIS H. HARDMAN, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 31st day of January, 2003, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Inventory and Appraisement by depos- iting acertified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsyl- vania, addressed to: Diane S. Baker, Esquire P.O. Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 V MAX J. SMITH, JR., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly t.Lr P.O. Box 650 Hershey, PA 17033 (717)533-3280 JAMES R. HARDMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.O1-368 CIVIL TERM LOIS H. HARDMAN, :CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE You are hereby notified to file a written response to the enclosed Petition within twenty (20) days from service hereof or a judgment may be entered against you. ~, JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717)533-3280 JAMES R. HARDMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-368 CIVIL TERM LOIS H. HARDMAN, :CIVIL ACTION- LAW Defendant : IN DIVORCE PETITION FOR ALIMONY AND NOW comes the Plaintiff, JAMES R. HARDMAN, by his attorney JARAD W. HANDELMAN, Esquire, and respectfully states as follows: Plaintiff filed a divorce Complaint pursuant to the fault and no-fault provisions of the Pennsylvania Divorce Code on January 19, 2001, entered to the within term and number. 2. Defendant filed an Answer with Counterclaim on December 4, 2001. Plaintiff lacks sufficient property to provide for his reasonable means and is unable to adequately support himself through appropriate employment. 4. Plaintiff requests reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. h; ~. ~.. ... WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. Respectfully submitte Dated: Apri19, 2003 -- MAX J. SMITH, JR., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire LD. No. 82629 James, Smith, Dietterick & Connelly ur P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition 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. JARAD W. HANDELMAN, ire, Attorney fo JAMES R. HARDMAN JAMES R. HARDMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-368 CIVIL TERM LOIS H. HARDMAN, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this IO ~~ day of April, 2003, I, JARAD W. HANDELMAN, Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Plaintiff s Petition for Alimony by depositing a copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Diane S. Baker, Esquire P.O. Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 ~J JARAD W. HANDEL ,Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 r7 = -- t: ~ :~__ .e~~: _. _. ~r _.> . _ ~ `j_ (J r-,a i .. ~i ~~ ..~,r '` 4~ i TAMES R. HARDMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND. COUNTY, PENNSYLVANIA Plaintiff _ CIVIL ACTION - LAW O1 - 368 vs. NO. CIVIL 19 LOIS H. HARDMAN ~ IN DlvoRCE Defendant sTATUS s»EET DATE: I ACTIVITIES: ~6~. rd~- ~ --- ~ I~-~ a ~ !i'h..~- ~ R~, -I i -o a Rio - °~ I~~ q, •.?~b ,,rn, , ~-~~ , No i'Y~D ~ ti~° JAMES R. HARDMAN, Plaintiff vs. LOIS H. HARDMAN, Defendant TO: Max J. Smith, Jr. Diane S. Baker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O1 - 368 CIVIL IN DIVORCE Attorney for Plaintiff Attorney for Defendant DATE: Monday, November 25, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. JAMES R. HARDMAN, Plaintiff vs. LOIS H. HARDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-368 CIVIL ACTION -LAW IN DIVORCE PRE-TRIAL STATEMENT OF PLAINTIFF, JAMES R. HARDMAN, PURSUANT TO Pa.R.C.P. 1920.33(b) I. ASSETS A. MARITAL ASSETS ASSET VALUE DATE OF NON- LIEN VALUATION MARITAL PORTION Marital $164,000.00 7/18/00 Yes Yes Residence: 5 Abbey Lane, Camp Hill, PA Provident $132,000.00 Present Yes No Mutual (Portion of Insurance said amount is Annuity non-marital- TBD) AllfirstBank $20,000.00 1/00 Yes No Clzecking (estimated) Account (H) A. MARITAL ASSETS (Continued) ASSET VALUE DATE OF NON- LIEN VALUATION MARITAL PORTION PSERS $134,201.40 1/19/01 Yes No Pension Shares of TBD TBD No No Stock (H) Strong $5,315.73 12/31/00 No No Investments, Inc. Funds Vanguard $8,654.45 12/31/00 No No Investment Accounts Vanguard - $3,809.30 12/31/00 No No Roth IRA Savings $4,043.28 2001 No No Bonds Train TBD TBD Yes No Collection ~) ~> A. MARITAL ASSETS (Continued) ASSET VALUE DATE OF NON- LIEN VALUATION MARITAL PORTION Doll and TBD TBD TBD No Glassware Collection PSECU $1,331.88 12/31/00 No No Checking Account PSECU Joint $3,371.89 12/31/00 No No Checking Account PSECU $790.99 12/31/00 No No Savings Accounts (~ 1994 Ford TBD TBD No No 150 Pick-Up Truck (H) 1999 Buick Unknown Unknown Unknown Unknown Century (i~ (formerly 1998 Ford Taurus) B. NON-MARITAL ASSETS ASSET VALUE DATE OF LIEN VALUATION Downpayment on $35,000.00 1989 No Marital Residence (Proceeds from sale (H) of H's residence prior to marriage) Lincoln Benefzt $2,000.00/month Present No Life Company (Included in H's Annuity income for purposes (H) of support; expires in August 2004) Portion of TBD (Annuity TBD No Provident Mutual started with lump Insurance sum retirement Annuity distribution, a (H) portion of which was acquired prior to mazriage) PNCChecking Est. $19,000.00 Present No Account (former Allfirst (H) Checking Account) Waypoint Vazies (used for Present No Checking Account payment of (H) expenses; monies used in calculation of support) Portion of Train TBD TBD No Collection (H) ~i s O z z C ~ ~ '" h A \~\ H1 a O ~~ ~ J y Q N ~ { , ,~ 3 69 O ~ ° ~. Iti O ~ QI C O ~ ~ ~ ~" ~ ~ o ~ x ~ o a w ~~' o ,~, ~ ~ w ~'"' O y ¢ ~ .y ~ .1: ~ (~ O N ~ .O o ° ° _ ~' p O Y b U p . • ~ W O iJ s. ~ U ~ ~ ° Cpl" M1 V 30 .S. .n U ~ bq LI V {~ ^y > ~ a. ++ iV V^ VN+ cC ~ W r~ F W W ~ N Q .~ ^ .~" cC ~ ~ ~ a ~ Y ~' ^ ~ ~ ~ .~ ~ O ~ a ~ r311 F~1 N ti ~ sr Pr ~ f.' ~ ~ W ° y ~ ~ •N ~ a ~ +~- w0 ~ ~ d °' a ~ o ¢1 y ,b N ~-+ w ~"' " P-i O :~ ~ .. y ,w~..I •iy 0.i ~ ~~ C G CO ..~ ~ ~ -- ~I-1 ~ ~ ~7 .O_ '~ O V vl :~ ~ ~ o y U N .w.. FJ O U U N ~ ~ °° .d ~" o--i w V Ci. ~ V s, w ~ ~ ,~ ~ axi .-~ b r~-i --i b xi (Yi y ti a r. ti ti O U O N L7 W N Q N In IV. EXHIBITS Report of Pension Appraisers Inc. 2. Blue Book Values of automobiles. Lists of Plaintiffls train collection documenting dates of purchase of trains, as well as purchase price of trains. 4. Lists of Defendant's doll and glassware collections documenting dates of purchase of trains, as well as purchase price of trains. Tax returns and/or annuity documentation substantiating amounts and duration of Plaintiff's annuities. 6. Valuation reports regarding Plaintiffs train collection, as well as Defendant's doll and glassware collection. 7. Settlement documents concerning 5 Abbey Lane demonstrating source of down payment monies on marital residence. V. INCOME Plaintiff s Income and Expense Statement is attached hereto as Exhibit "B".. Plaintiff s income is derived from two sources: Lincoln Benefit Annuity payment and Social Security benefits. The Lincoln Benefit Annuity is a four (4) year annuity and will expire in August 2004. At such time, Plaintiffs sole source of income will be from his Social Security benefit. VI. Plaintiff s itemized annual expenses are included in the Income and Expense Statement attached hereto as Exhibit "B" VII. COUNSEL FEES Plaintiff respectfully submits that each party should be responsible for their own attorney fees in this matter. VIII. MARITAL DEBTS 1. Mortea¢e on marital residence: The original mortgage on the marital residence was approximately $87,000.00. At the time of sepazation, the mortgage balance was approximately $65,000.00. Since separation, the monthly mortgage payment of $739.00 has been paid exclusively by Plaintif£ Evidence of automatic withdrawal of payments from Plaintiff's account and mortgage statements since the time of separation will be offered in support, if necessary. The mortgage is the parties only marital debt. Each party has a credit cazd, however, any balance on the credit cards was incurred post-separation and is accordingly a non-marital obligation. Similazly, if Defendant has a loan obligation on her present vehicle, same is a non-mazital obligation as the vehicle is not jointly owned by the parties. IX. • Plaintiff proposes that the marital assets of the parties be divided such that Plaintiff and Defendant shall retain the respective marital assets in their possession, including but not limited to pensions, annuities, retirement accounts, and personal hobby collections. Plaintiff would retain the marital residence and shall assume sole responsibility for payment of the mortgage. In consideration of her shaze of the equity in the marital residence, offset by Defendant's retention of a disproportionate share of marital assets, Plaintiff proposes that he pay to Defendant the sum of Fifty Thousand and 00/100 Dollars ($50,000.00) in full satisfaction of any claim of Defendant for equitable distribution. • There shall be no alimony payable by Plaintiff to Defendant. • Each party shall pay his/her respective attorney fees.. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY LLP n~ p~~ , Date: January 31, 2003 By: +/~" 1 MAX J. SMITH, JR., SQUIRE I.D. No. 32114 JARAD W. HANDELMAN, ESQUIRE I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff, James R. Hardman PENSION APPRAISERS INC. P.0. Boy 4396 • Allentown, PA 18105-4396 1-800-447-0084 • Fas 610-770-9342 October 14, 2002 E-MAIL: penapp@pensionappraisers.com VV~~'1'V: http://www.pensionappraisers.com Max J. Smith, Jr., Esq. P.O. Box 650 Hershey, Pennsylvania 17033 RE: Present Value of Lois H. Hardman's Defined Pension Benefit File No. 10-08-02-093-3149G Dear Attorney Smith, Jr.: We have determined the present value of Lois H. Hardman's defined pension benefit by the GATT Method as of January 19, 2001 to be $134,201.40. This valuation was developed and prepared in conformity with the requirements of the Actuarial Standards of Practice No. 34. These Standards were developed by the Pension Committee of the Actuarial Standards Board of the American Academy of Actuaries. The purpose is to set standards for Members and Other Persons Interested in Actuarial Practice Concerning Retirement Plan Benefits in Domestic Relations Actions. Pension Appraisers, Inc. relies on the requestor to provide the information necessary to value pensions. In some cases, information not provided by the requestor may be obtained from plan summaries on file in Pension Appraisers, Inc.'s offices. All information received from the requestor is reviewed for practicability and reasonableness. Any information in question is verified with the requestor, when possible. Any deficiencies in data may materially affect the results of the appraisal. Pension Appraisers, Inc. utilizes the fractional rule allocation method in valuing all pensions for equitable distribution purposes unless otherwise stated. BIRTH DATE: September 5, 1942 SEX: Female ~AARRI,OGF DA7'F;;gpril iQ iQR& VALUATION DATE: January 19, 2001 PENSION PLAN: PA State Employees Retirement System DATE EMPLOYMENT STARTED: September 28, 1975 assumed (Assumed date pension holder began participation in the plan) DATE BENEFITS STOPPED ACCRUING: January 19, 2002 (Assumed date pension holder ended participation in the plan) ASSUMED DATE MARRIAGE ENDED: January 19, 2001 AGE WHEN BENEFITS COMMENCE: 60 years "Valuators of Defined Pension Benefits for Equitable Distribution" GATT Actuarial and Mortality.Tables Method October 14, 2002 Lois H. Hardman - # 10-08-02-093-3149G Page 2 MORTALITY TABLES: 1983 Group Annuity Mortality Tables INTEREST RATE ASSUMPTIONS: 5.46% and 4.46% 30-Year U.S. Treasury Bond Constant Maturity Rate for the Month of the Date of Valuation. U.S. Treasury Bond Rate: 5.46% Estimated Cost of Living Adjustment: 1.00% P.djusted Rats: 4.46% ASSUMED MONTHLY BENEFIT: $1,717.01 Monthly pension benefit the pension holder would receive at retirement age with a fully vested pension based upon compensation and plan provisions as of January 19, 2002. Formula: Class AA 0.025 x Years of Service x Final Average Salary =Annual Maximum Full Retirement Data: Years of Service: 26.2593 yrs (as of 12/31/01) -0.9473 vrs (1/19101 - 12/31/01) 25.3120 yrs (as of 1/19/01) Final Average Salary: $32,560.25 Analysis: 0.025 x 25.3120 yrs x $32,560.25 = $20,604.13 (Annual Benefit) $20.604.13 = $1,717.01 (Monthly Benefit) 12 Months Effective July 1, 2001 enhanced retirement benefits became available to members. One significant provision is the creation of a new Class AA service. Class AA service changes the current Class A annual benefit accrual rate from 2% to 2.5% and the member contributions from 5% to 6.25%. Class AA service credit is not automatic. Members must elect the new service credit by filing the appropriate document. GATT Actuarial and Mortality~Tables Method October 14, 2002 Lois H. Hardman - # 10-08-02-093-3149G Page 3 REDUCTION FOR NON-VESTING: 1.0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completed. REDUCTION FOR MARITAL COVERTURE FRACTION: 0.4856 Represents that portion of the value of the benefits attributable to the marriage. The numerator of the fraction represents the total period of ti. ~.e the pensien holder participated in the plan during the marriage and the denominator is the total period the pension holder participated in the benefits program. PRESENT VALUE BEFORE REDUCTIONS: $276,362.03 Reduction for Non-vesting: x 1.0000 Reduction for Marital Coverture: x 0.4856 VALUATION FOR EQUITABLE DISTRIBUTION: $134,201.40 JAMES R. HARDMAN, Plaintiff v. LOIS H. HARDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-368 CIVII, TERM CIVIL'ACTION -LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF JAMES R. HARDMAN Plaintiff files the following Income and Expense Statement and verifies that the statements made herein are true and correct. Plaintiffunderstands that false state~"ents herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to1dnsworn falsification to authorities. ,~ .,~ R. INCOME: Employer: Retired (see Other Income) Address: Type of Work: Payroll Number: Pay Period (Weeklg Biweekly, etc.): Gross Pay Per Pay Period: Itemized Payroll Deductions: Federal Withholding: Social Security State Income Tax Local Wage Tax Medicare Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify): NET PAY PER PAY PERIOD Other Income: Interest Dividends Pension * Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. Spousal Support Child Support TOTAL * Annuity will expire by its terms in August 2004. EXPENSES HOME MartgageJRent Maintenance Repairs UTILITIES Electric Gas Oil Telephone Water Sewer Trash EMPLOYMENT Public Transportation Lunch TAXES School Real Estate Personal Property Income Week Month Year (Fill in Appropriate Column) Week Month 68.45 20 32,063.88 17,748.00 $ 49,900.33 Year 8,873.52 1,500.00 6,000.00 210.40 444.80 444.51 204.50 351.00 1,839.23 482.37 9.80 5, 817.00 EXPENSES INSURANCE Homeowners Automobile Life Accident Health Renters AUTOMOBILE Payments Fuel Repairs Maintenance Licenses Registration Auto Club MEDICAL Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices EDUCATION Private Parochial School College Religious School lunches Books/misc. PERSONAL Clothing Food Bazber/Hairdresser Personal Care Laundry/Dry Cleaning Hobbies Credit Cazds Week Month Year (Fill in Appropriate Column) 350.00 375.00 2,399.40 400.00 600.00 150.00 15.00 58,50 100.00 30.00 600.00 1,766.72 180.00 100.00 500.00 Memberships 225.00 EXPENSES LOANS Credit Union MISCELLANEOUS Household Help Child Caze PapersBooks/Magazines Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Pet Expense Lessons for Children Cell Phone Other Support Alimony Payments OTHER PC 15P TOTAL EXPENSES Week Month Yeaz (Fill in Appropriate Column) 150.00 500.00 130.44 1,000.00 1,200.00 5,000.00 375.00 4,u6s.uu 179.40 $ 46,629.59 JAMES R. HARDMAN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.OI-368 CIVIL TERM LOIS H. HARDMAN, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 31st day of January, 2003, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Plaintiff sere-Trial Statement by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Diane S. Baker, Esquire P.O. Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 ~ ~ l l~~ MAX J. SMITH, JR., Esquire LD. No. 32114 James, Smith, Durkin & Connelly ur P.O. Box 650 Hershey, PA 17033 (717) 533-3280 r JAMES R. HARDMAN, Plaintiff v. LOIS H. HARDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-368 CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S PRE-TRIAL 5TATEMENT AND NOW, comes the Defendant, Lois H. Hardman, by and through her attorney, Diane S. Baker, Esquire, and files this Pre-trial Statement pursuant to Rule 1920.33 as follows: 1. Defendant's Inventory and Appraisement was filed on January 31, 2003 and identifies all marital and non-marital assets. A copy of the Inventory is attached hereto as Exhibit A. 2. Defendant anticipates calling an expert witness to testify as to the value of Plaintiff s train collection, however, the exact details of this expert and his or her testimony will be determined after the deposition of the Plaintiff scheduled for February 3, 2003. Defendant also anticipates expert testimony concerning the valuation of the marital residence and will provide a copy of the expert's report as soon as possible. Defendant will present the testimony of Harry Leister, Jr., F.5.A., as to the marital value of Wife's retirement benefits through the Commonwealth of Pennsylvania. A copy of Mr. Leister's report, dated July 1, 2002, is attached hereto as Exhibit B. 3. Defendant will testify on her own behalf as to all matters before the Court and will call the Plaintiff as a witness as on cross. Defendant reserves the right to supplement this witness list. 4. Defendant anticipates submitting the following exhibits at trial: a. Strong Investments statements from date of inception (1997) through date of separation of the parties. b. Defendant's Vanguard IRA and Index Fund from the date of inception (1997) through date of separation. c. Documents pertaining to Husband's various stock accounts. d. Statements from Husband's Allfirst Bank Account(s). e. Statements from Husband's Waypoint Account(s). f. Statements from Wife's PSECU Account. g. Husband's credit card statements throughout the marriage. Defendant reserves the right to supplement this list of exhibits and will provide the information to Plaintiff prior to trial, including documentation pertaining to Husband's train collection. Copies of all anticipated exhibits are attached hereto, are in the possession of the Plaintiff, or have previously been provided to counsel. 5. Defendant's Income and Expense Statement was filed on January 31, 2003, sets forth her income as of the date of filing. A copy of the Income and Expense form, is attached hereto as Exhibit C. 6. Defendant's Income and Expense Statement was filed on January 31, 2003, sets forth her expenses as of the date of filing. A copy of the Income and Expense form, is attached hereto as Exhibit C. A Y .H b w N Q '-' 'C w tC b ^ L7 f: O O ~ Q' ~ ti ~ ~ b ~ p A ~ ~ '~ ~ ~ ~ o x v ~ ~ .3 ~ GJ y ~ ca ~ ~ fd ~ cG 'd w O q ~ N b ~' y ~ Y ti w ~ x}..11 ~ m O O Q O y V U p Y N w w +-+ ~ ~ b N ~ ~ ° ~' ~ ~o ds _ ... w ?' ~ ~ ~ Q '~ ,-+ 3 ~ v i ~ ~ ~ o o ~ +, ~ o ~ o ~ ~ ~ ¢, w o w w° °' U ~ ~~ `~ y ~ w ~ ~ ~ .`~ •Y ~"' f0 .~ ~ U ~ N m ,~ s, ~ o '~ a, °~' '2 ~ b .~ ~ ~ ~ ~ ~ ~ ~ ~ b ~d9 y ct! ~ ~. O w0 ,~ a+ O m O ~ y O b c~ .C ~ r/1 q 3 T •--~ s7 x .. ~ ,-. "' .~ c ,~ w ~ ~ .. ~ ~ b w ~ ro b '~ .~ i O w °~ p; oq w ~ P. _ ~ w, >' .~~.. ... Y N ~' .L O O O O ° ~ Q ~ ° CC 4J U O y O y ~« ~ ~ ~ ~ ~3 O b O Y ~ ~ ~ ~ ~ A, ~ ~ Q N .~ y a ~ ~ ~o d ~"+ c3 a ~' Y '~ 3 b O w cYVa N ~ bq Y~ F~ ~ ~ ¢, y F 0 w ~ GJ ~ ~~ ~-I ~' U ~ g. ~ °:,' a+ O .~ 0 U N .~ H N w °> A O w U .N 3 0 N Oi N ~ ~ O > O y w ~ ~ o ~ o ~ ~ ~.' O y O w try O N t~ ' .~ ~ O O ~ 'Y U 3 ~~ w o 0 N `^ °' O ~ ~ a • z ~ ~ .Y N .~ ~ ~ QQ ~ U ~ ~ b ~ ~. '" ~ •~ ~ ~ Y .~ ~ ~ b .fir O U ;n ~ b ~ '~ h 3 '~ ~ ~ yam~"" .Li R{ N ~. ~ O O ~ Y N 3 a (~~` N ~ ,o ~ Y y O p O ~ N A '~ .o ~• .~ ~ ~ ~ x •~ ~ v4 y y `~ N b a p^ ~ 0.01 o m ~-' w ~ ,~ O N N +-' ~ ~ ~ ~ .~ ~ v ~ ~ ~ ~ N H a ~ N ,y a ~ 3 individual bank accounts, Wife's individual bank accounts, and Wife's retirement. In addition, Wife is currently receiving spousal supportlalimony pendente lite and seeks permanent alimony as she is unable to adequately support herself and Husband has sufficient assets and sources of income, both marital and non-marital, to provide for her continuing support. Husband also possesses a personal train collection, the value of which has not yet been determined. Depositions are scheduled for February 3, 2003, on this issue. Defendant proposes that the divorce be granted immediately and each party retain all personal property in their possession except that the value of Husband's train collection shall be included in the marital estate. The marital assets shall be divided such that Wife receives 60 percent of the overall marital estate. Husband shall retain possession of the marital residence and refinance the existing mortgage. Wife's equitable share shall be paid to her in the form of cash. Finally, shall receive counsel fees and permanent alimony as deemed appropriate by the Court. mane S. Baker, Esquire Supreme Court ID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 CERTIFICATE OF SERVICE .~` r~ I hereby certify that on this ~ day of ~ u~t 2003, a true and correct copy of the was served on the following p on by United States Mail, postage prepaid, addressed as follows: Max J. Smith, Jr., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Supreme Court ID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717)671-9600 JAMES R. HARDMAN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-368 LOIS H. HARDMAN, Defendant :CIVIL ACTION -DIVORCE INVENTORY OF LOIS H. HARDMAN Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three-years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. ~f,OTS H. HARDMAN ASSETS OF PARTIES Plaintiff mazks on the list below those items applicable to the case at bar an~ itemizes the assets on the following pages: (~ 1. Real property (~ 2. Motor vehicles (~ 3. Stocks, bonds securities and options () 4. Certificates of deposit (7~ 5. Checking accounts, cash (~ 6. Savings accounts, money mazket and savin gs certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (~ 10. Annuities (~ 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties "EXHIBIT A" ASSETS OF PARTIES (CONT.) ( ) 14. Personal property outside the home (X) 15. Business ( ) 16. Employment termination benefits-severance pay, worker's compensation claim/awazd ( ) 17. Profit sharing plans (X) 18. Pension plans (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments ( ) 21. Litigation claims ( ) 22. Military/V.A. benefits ( ) 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty ( ) 26. Other NON-MARITAL PROPERTY ITEM DATE AND COST AMOUNT OF LIEN HOLDER CURRENT BASIS FOR AT ACQUISITION LIEN AND DATE OF LIEN VALUE EXCLUSION 1. Strong Funds 1997 TBD gift from mother acct # 024-2401533530 2. Wife's State Retirement (non-marital portion) 87,785 3. Vanguard Account # 9918866007 1997 TBD gift from mother 4. 2000 Buick Century 2001/$16,000 Fulton bank TBD post-sep 5. 6. 7. 8. 9. 11. MARITAL PROPERTY ITEM DATE AND COST TITLE AMOUNT OF LIEN HOLDER CURRENT AT ACQUISITION OWNER(S) LIEN AND DATE OF LIEN VALUE 1. 5 Abbey Lane, Camp Hill 1988 Jt Waypoint Bank TBD 2. Wife's State Retirement 87,785 3. Husband's train collection various TBD A. Burlington Northern stock H TBD 5. Norfolk Southern stock H TBD 6. Union Pacific stock H TBD 7. Allfirst bank account H 22,553 (12/00) 8. Waypointbankaccount H 5573 (]2100) 9. PSECU savings account (#1188) W 3371.89 (12/31/00) ]0. PSECU checking (#1188) W 2420.22 (12/31/00) il. PSECU savings(#0188) W 1331.88 (12/3 I /00) (12/00) R MARITAL PROPERTY (CONT.) ITEM DATE AND COST TITLE AMOUNT OF LIEN HOLDER CURRENT AT ACQUISITION OWNER(S) LIEN AND DATE OF LIEN VALUE 12. PSECU checking (#0188) W 2050.35 (12/31/00) t3. PSECU Christmas club (#0188) W 98.44 (12/31/00) 14. Provident Mutual Annuity H $147,]09.49 (12/31 /00) 15. mist household possessions TBD 16. Lincoln BenefitlRA H $103,688.66 (12/31 /00) ]7. Husband's train business TBD 18. 19 20. 21. PROPERTY TRANSFERRED ITEM DATE OF CONSIDERATION PERSON TO WHOM TRANSFER TRANSFERRED 2. 3. 4. 5. 6. 7. S. 9. 10. 1 i. M LIABILITIES DESCRIPTION NAME OF CREDITOR NAME(S) OF DEBTORS AMOUNT OF DEBT 1. credit card PSECU visa W 4025.99 2. home mortgage Waypointbank St TBD 3. 4. 5. 6. 7. 8. 9. ]0. 11. CERTIFICATE OF SERVICE i/- ~' AND NOW, this ~ / day of -,~a~ ~~ , 2003, I hereby certify that I have this day served a copy of the ~pregoing document, by First Class Mail on the following: Max Smith, Esquire James, Smith, Durkin & Connelly P.O. Box 650 Hershey, PA 17033-0650 RATE: `--Bias a S. Baker, Esquire / ; / ~ ~ Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 1 7 1 1 2-0443 (717) 671-9600 ~ :Conrad ~I. Siegel, Inc. Actuaries/Benefit Consultants - .. . 501 Corporate Circle • P.O. Box 5900 • Harrisbure. PA 17110.0900 PHO~~E (i 17) 65?-56.3 • FAS 1717) 510-9106 • wwk'.cuuberxfitt.rnm Cor+rad 11. Sieeet. F.S.A. Plarn ll. Luster. Jr.. F.S.:1. Clydz E. Gin_rich. F.S.A. Earl L. ~Wmmerc YL:\.A..-1. Robert J. Dolan. A.S.A. David F. Slirlinc. A.S.:\. Robert J. Ylrazik. P.S.A. David x. K;niet. Fs.A. leffrcv S. Ylvers. P.S.A. ILomas L. Zimmerman. F.S.A. Gleim :\. Haler. P.S.:\. Kevin :\. Erb. P.S..\. prank S. Rhodes. FS.A., A.C.:\.S. Holly A. ao>:. r s.A. Charles B. Priedltmtler. F.S.A. John W. Jeffrey, f 5.:1. Denise M. Polln, F.S.A. "Hmmas W. Reese. A.S.A. Juncl M. Lcymeislcr. CG65 Mark A. 6onsalh F.S.A. Jonathan D. Cramer, A.S.A. lobo D. Vargo, A.SA. David II. Stimpson, E.A. Jamison W. Lindsey July 1, 2002 Diane Sommers Baker, Esquire 27 South Arlene Street P.O. Bos 6443 Harrisburg, PA 17112-0443 Re: Hardman v. Hardman Dear Ms. Baker: •. ~- :N•. You provided me with the following information concerning Lois H. Hardman: 1. Date of birth -September 5, 1942. 2. Date married - Apri18, 1988. 3. Date separated -January 19, 2001. 4. Information provided by the State Employees' Retirement System as follows: a. Years of service - 25.26 (Class A-60) as of December 31, 2000. b. Accumulated contributions plus interest - $40,525 as of December 31, 2000. c. Final average salary - $30,626 as of December 31, 2000. Currently, Lois H. Hardman is 60 years of age (age nearest birthday). The State Employees' Retirement System is a defined benefit pension plan. The pension benefit provided upon retirement is based upon the final three-year average salary and the years of service. Pursuant to our telephone conversation, I made calculations for retirement at age 65. The figure that is marital property for divorce purposes for a defined benefit pension plan is the present value of the pension earned during the marriage. "EXHIBIT B" z Conrad M. Siegel, Inc. Diane Sommers Baker, Esquire July 1, 2002 Page 2 The following table shows the pension benefit eazned as of December 31, 2000, adjusted for retirement at age 65, the present value of such benefit, the "coverture fraction" and the present value of the pension earned during the marriage: Pension Retirement Benefit Age 65 Maximum single life annuity of $1,612 Refund of contributions plus interest & maximum single life annuity of $1,262 Present Value Coverture Pension Benefit Fraction $172,128 .51 $174,262 .51 Present Value Pension Earned Durin¢ Marriage $87,785 $88,874 The pension benefit earned as of December 31, 2000, takes into account 12.53 years of service before the date of marriage and it does not take into account 19 days from December 31, 2000, until the date of separation. Therefore, it is necessary to multiply the present value of the pension benefit by a "coverture fraction" in order to obtain the present value of the pension earned during the marriage. The numerator of the "coverture fraction" is 12.78 (the years of service from the date of marriage until the date of separation) and the denominator is 25.26 (the years of service with SERS as of December 31, 2000). Thus, the "coverture fraction" is .51 (12.78 divided by 25.26). The present value calculations are based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations except that mortality was not taken into account prior to the commencement of the pension. The interest rate is 5.7% per year for 25 years followed by 4.25% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table for males rated six years. In my opinion, the assumptions promulgated by the Pension Benefit Guazanty Corporation for annuity valuations are appropriate for the purpose of determining the present values. The figures in this report take into account the legislation signed by Gov. Tom Ridge on May 17, 2001, increasing the pension multiplier from 2.0% to 2.5%. With best regards, Yours sincerel/y~ ~~Lj_ ~ .~ 1~7 i Harry . Leister, Jr., F. .A. Consulting Actuary HML:kad JAMES R. HARDMAN, Plaintiff v. LOIS H. HARDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO:O1-368 IN DNORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT LOIS H. HARDMAN. Defendant files the following Income and Expense Statement and verifies that the statements made herein are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. /1~(~.. /7 {,~ LOIS H. HARDMAN Defendant "EXHIBIT C" INCOME AND EXPENSE STATEMENT OF LOIS H. HARDMAN INCOME: Employer: Commonwealth of Pennsylvania Address: Department o fhealth_ Type of Work: clerical Pay Period (Weekly, Biweekly, etc.) : Bi-Weekly Gross Pay Per Pay Period: 1495.50 Itemized Payroll Deduction: Federal Withholding $ 225.10 Social Security 104.40 Local Wage Tax 21.68 State Income Tax 41.87 Retirement 93.47 Union dues 22.43 NET PAY PER PAY PERIOD $ 986.55 OTHER INCOME: Spousal support 338.00/month TOTAL INCOME 2475.53/month r r EXPENSES: Monthly Yearly Home Rent 700 Maintenance 100 Utilities Electric 135 Telephone 75 Cable 38 Employment Parking 100 Insurance Renter's 130 Automobile 628 Automobile Payments 241 Fuel 120 Repairs 750 AAA membership 38 Personal Clothing 200 Food 600 Hairdresser 250 Credit payments PSECU Visa 125 Medical Medicine 480 Special needs 700 Miscellaneous Entertainment 100 Gifts 750 Memberships Legal fees 200 Charitable contributions 600 TOTAL EXPENSES $2634 $4426 CERTIFICATE OF SERVICE f~, AND NOW, this ~ ~ day of ( ~~ , 2003, I hereby certify that I have this day served a copy of the fo egoing document, by First Class Mail on the following: Max Smith, Esquire James, Smith, Durkin & Connelly P.O. Box 650 Hershey, PA 17033-0650 DATE: r (I ~ ~ lane aker, Esquire ~ III ~ preme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717)671-9600 JAMES R. HARDMAN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-368 LOIS H. HARDMAN, Defendant :CIVIL ACTION -DIVORCE INVENTORY OF LOIS H. HARDMAN Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. (~ ~J~% LOIS H. HARDMAN ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages: (X) 1. Real property (J~ 2. Motor vehicles (~ 3. Stocks, bonds securities and options ( ) 4. Certificates of deposit (~ 5. Checking accounts, cash (~ 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (~ 10. Annuities (~ 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties ,, ASSETS OF PARTIES (CONT. ( ) 14. Personal property outside the home (X) 15. Business ( ) 16. Employment temunationbmefits-severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims O 22. Military/V.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty () 26. Other NON-MARITAL PROPERTY ITEM DATE AND COST AMOUNT OF LIEN HOLDER CURRENT BASIS FOR AT ACQUISITION LIEN AND DATE OF LIEN VALUE EXCLUSION 1. Strong Funds 1997 TBD gift from mother acct# 024-2401533530 2. Wife's State Retirement (non-marital portion) 87,785 3. Vanguard Account # 9918866007 1997 TBD gift from mother 4. 2000 Buick Century 2001/$16,000 Fulton bank TBD post-sep 5 6 7 8 9. 10 11 MARITAL PROPERTY ITEM DATE AND COST TITLE AMOUNT OF LIEN HOLDER CURRENT AT ACQUISITION OWNER(S) LIEN AND DATE OF LIEN VALUE 1. 5 Abbey Lane, Camp Hill 1988 Jt Waypoint Bank TBD 2. Wife's State Retirement 87,785 3. Husband's train collection various TBD 4. Burlington Northern stock H TBD 5. Norfolk Southern stock H TBD 6. Union Pacific stock H TBD 7. Allfirst bank account H 22,553 (12/00) 8. Waypointbank account H 5573 (12/00) 9. PSECU savings account (#1188) W 3371.89 (12/31/00) 10. PSECU checking (#1188) W 2420.22 (12/31/00) 11. PSECU savings(#0188) W 1331.88 (12/31/00) (12/00) MARITAL PROPERTY (CONT.) ITEM DATE AND COST TITLE AMOUNT OF LIEN HOLDER CURRENT AT ACQUISITION OWNER(S) LIEN AND DATE OF LIEN VALUE 12. PSECU checking (#0188) W 2050.35 (12/31/00) 13. PSECU Christmas club (#0188) W 98.44 (12/31/00) 14. Provident Mutual Annuity H $147,109.49 (12/31/00) 15. misc household possessions TBD 16. Lincoln Benefit IRA H $103,688.66 (12/31/00) 17. Husband's train business TBD I8. 19. 20. 21 PROPERTY TRANSFERRED ITEM DATE OF CONSIDERATION PERSON TO WHOM TRANSFER TRANSFERRED 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. LIABILITIES DESCRIPTION NAME OF CREDITOR NAME(S) OF DEBTORS AMOUNT OF DEBT 1. credit card PSECU visa W 4025.99 2. home mortgage Waypoint bank Jt TBD 3. 4. 5. 6. 7. 8. 9. 10. 11. CERTIFICATE OF SERVICE .., ~~ AND NOW, this 5 ~ day of ~ v , 2003, I hereby certify that I have this day served a copy of the regoing document, by First Class Mail on the following: Max Smith, Esquire James, Smith, Durkin & Connelly P.O. Box 650 Hershey, PA 17033-0650 DATE: `--Bi~'e S. Baker, Esquire Supreme Court ID #53200 / 3 ~ ~ , 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717)671-9600 r.i~ ~n x,11>-;i"'r_ •' ~~J ,~~I,I4 ~ 1 ~t:I ~~~ ~~ ~'~+~JI~J~'L~o~ w"~l-1 ,~ JAMES R. HARDMAN, Plaintiff vs. LOIS H. HARDMAN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol - 368 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~O~ ~~ day of , 2003, the economic claims raised in the procee ngs having been resolved in accordance with a marital settlement agreement dated June 10, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Ge g o fer, P J. cc: ~arad W. Handelman Attorney for Plaintiff ~ Diane S. Baker Attorney for Defendant ~RKs 0~-2z-~3 MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this 1 ~ day of ...J ~~-~ ~ , 2Q03, by and between LQIS H. HARDMAN, hereinafter referred to as "Wife", and JAMES R. HARDMAN, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on April 8, 1988, and there are no children of the marriage; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. N®R', THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFECT OF ]DIVORCE DECREE. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement maybe enforced by contract remedies in addition to any other remedies which maybe available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which maybe entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the sole purpose of enforcement of any of the provisions thereof and not for modification of the Agreement. 4. DATE OF EXECUTION. The "date of execution" or "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 2 date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attomey, Diane S. Baker, Esquire, and to Husband by his attorney, Jarad W. Handelman, Esquire. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Aa eement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illeeal agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently writhheld. b. PERSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, 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. 3 7. SUBSEQUENT RECONCILIATION. The parties a~ee that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of manta] relations, unless the parties otherwise specifically agree in writing. 8. 1VIUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, 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 or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtest' or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights 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 tenitory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or 4 nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is fiu-ther agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. RETIREl!'IE1VT ACCOLTl!'TS Pz10TI2 PEl!'SION PLANS. Husband was employed during the marriage by AMP Incorporated, now known as Tyco International and as a result of said employment is tkte title owner of an individual retirement account with Provident Mutual, account number 0204386420 and an annuity account with Lincoln Benefit Life, policy number F0153421, both of which were created from the lump sum distribution that Husband received upon his retirement. Wife has been employed during the marriage by the Commonwealth of Pennsylvania and as a result of said employment is the title owner of a retirement account{pension. Husband waives any rights he may have to the retirement account/pension of Wife and it shall become her sole and separate property. Husband further agrees that he shall transfer to Wife the sum of $20,000.00, plus actual interest earned from the date of this Agreement, from his individual retirement account with Provident Mutual. Said amount, with income, shall be transferred to, at Wife's option, an IRA, a deferred compensation account, or other tax-free account, of her choosing. Wife shall be solely responsible for any and all tax consequences of such transaction, if any, without contribution from Husband. The balance of Husband's Provident Mutual account remaining after the transfer to Wife and the 5 annuity account with Lincoln Benefit Life shall become Husband's sole and separate property. It is intended by the parties that this provision for retirement benefits shall be approved by the Court as a separate order which shall constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the I.R.C. Husband shall be responsible for preparation of all documents necessary to effectuate the transfer of the $2Q000.00 plus income from his Provident Mutual account to his Wife and said documents shall be forwarded to Wife within thirty (30) days of the date of execution of this Agreement. Both parties agree to execute all documents necessary to effectuate the transfer upon reques±, including the QDRO and any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. Except as specifically provided for in this Agreement, Wife and Husband hereby release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or similar benefits of the other party. 10. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have divided their tangible personal property, including, but without limitation, jewelry, clothes, pets, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art, train collection, and other personal property in as equitable a manner as possible. All such property currently in possession of Wife shall become the sole and exclusive property of Wife. All such property currently in possession of Husband shall become the sole and exclusive property of Husband. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 6 11. AFTER-ACQUIRED PERSONAL, PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. L. AUTOMOBILES. The parties agree that they have no jointly owned motor vehicles. Any individual motor vehicles owned by the parties shall become the sole and separate property of the party in whose name the vehicle is currently ±itled and both parties waive any rights they may nave to the vehicles of the other. 13. BANK ACCOUNTS. The parties agree that all joint bank accounts have already been closed and divided to the satisfaction of the parties and they have no remaining joint bank accounts. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank accounts} of the other. 14. REAL ESTATE. The parties are the owners of a residence located at 5 Abbey Lane, Camp Hill, Cumberland County, Pennsylvania. Wife agrees that she shall transfer her interest in this residence to Husband and it shall become his sole and separate property. Husband agrees that he shall be solely responsible for the debts owed on said residence including the mortgage to Waypoint Bank and shall indemnify and hold Wife harmless therefrom. Husband shall also be solely responsible for all expenses related to the residence including but not limited to taxes, utilities and insurance. Husband further agrees that he shall refinance the existing mortgage within ninety (40} days of the date of execution of this Agreement, removing 7 Wife's name from responsibility on the existing mortgage. Husband shall file, a refinancing application with a mortgage company on or before June 2, 2003. In consideration of Wife's interest in the residence, Husband agrees that he shall pay to Wife the sum of Eighty thousand five hundred dollars ($80,500) within ninety (90) days of the date of execution of this Agreement, or upon refinancing, whichever occurs first. Wife agrees to sign all documents necessary to implement this paragraph upon request including execution of the deed upon proof of refinancing and receipt of the aforementioned payment. 15. CURRENT LIABILITIES. Except as set forth elsewhere in this Agreement, the parties agree that they have no joint liabilities. All debts accumulated during the mamage are in the sole and separate name of the individual parties and shall become the sole and separate responsibility of the named party, who shall indemnify and hold the other harmless therefrom. 16. WARRANTX AS TO EXISTING OBLIGATIONS. 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 and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 17. WARRANTY AS TO FUTURE OBLIGATIONS. Wife "and Husband each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of 8 the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other-after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 18. LIFE INSURANCE. Any life insurance policies owned by the parties shall become the sole and separate property of the party in whose name the policy is in. Both parties specifically waive any rights which they may have to said policies by virtue of having been a named beneficiary thereon. 19. HEALTIiCARE COVERAGE. Both parties acknowledge that, effective the date of entry of a Decree in Divorce, it shall be their individual responsibility to provide their own medical insurance coverage. To the extent medical insurance coverage is affected by marital status, it shall be the individual responsibility of Hushand and Wife to immediately notify his or her employer of the change in marital status. 20. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax returns. Both garties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 9 21. BANKRUPTCY. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to himlher which have been initiated by others. 22. WAIVER OF PAYMENT OF LEGAL FEES. Wife shall be responsible for pa}nnent of her legal fees. Husband shall be responsible for payment of his legal fees. 23. ALIIvIONY, ALIMONY PENIDENTE LITE ANI) SPOUSAL SUPPORT. Including the benefits provided for in this Agreement, Husband and Wife each have sufficient property and/or income to provide for his or her reasonable needs. Therefore, notwithstanding any provision in the Divorce Code to the contrary, and except as otherwise specifically set forth in this Agreement, Wife and Husband expressly waive, discharge and release any and all rights or claims which he or she may have, now or hereafter, by reason of the parties' marriage, to alimony, alimony pendente lite, support, maintenance and/or any other such benefits resulting from the parties' status as husband and wife. Effective the date of entry of a Final Decree in Divorce, Wife shall temunate her claim for Spousal SupportlAlimony Pendente Lite. Wife agrees that the temunation of her support from Husband shall be retroactive to the date of the Final Decree entered in this matter, regardless of the date of the filing of any paperwork necessary to effectuate the termination with Domestic Relations, or the date of the holding of any support conference or hearing on such issue. 10 24. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry-over basis provisions of the said Act. In the event that there is a transfer tax assessed then said tax shall be the responsibility of the parry receiving the property. 25. MUTUAL CONSENT DIVORCE. The. parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire additional marital counseluig, and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as maybe amended (herein referred to as the Code). Accordingly, both parties agree to execute such consents, affidavits, or other documents and to direct their respective attorneys to file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 26. WAVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and 11 no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 27. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or docmnents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the ConvmonwealLh of Pennsylvania which are in effect as of the date of execution of this Agreement. 29. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as maybe necessary or desirable for the proper effectuation of this Agreement. 31. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party herea8er to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or 12 breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other that those expressly set forth herein. The parties further acknowledge that any previous agreements between them are incorporated herein. 33. ENFORCEMEA'T OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The parry breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other parry in enforcing their rights under this Agreement or for seeking such other remedies of relief as maybe available to him or her. 34. SEVERABILITY. If any teen, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law 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 her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 35. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of 13 reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. _WITNES~S '1 / ~' \ ~~% ~ WITNESS 14 1~.= LOIS H. HARDMAN i COMMONWEALTH OF PEI~TNSYLVANIA COUNTY OF ss. On this, the S day of ~~ ~~~ 2003, before me a Notary Public of the Commonwealth of Pennsylvania personally appeared LOIS H. HARDMAN known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. LEI WITNESS WHEREOF, I have hereunto set my hand and official seal. -. - ~' ,~---'"`°'°' Notary Public _. ~Td,RUP. SEILL tOtloEN ~fAf~ IbY 31 A ~ l~ COMMONWEALTH OF PENNSYLVANL4 COUNTY OF ~~'~uP N ~ ~} ss. On this, the !o day of ~uf-, e , 2003, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeazed JAMES R. HARDMAN known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITLESS WHEREOF, I have hereunto set my hand and official seal. 16 JAMES R. HARDMAN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.01-368 CIVIL TERM LOIS H. HARDMAN, :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: Ground for divorce: irretrievable breakdown under Section X13301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By certified mail on January 25, 2001. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff June 10, 2003 ; by Defendant June 26, 2003 (b)(1) Date of execution of the Plaintiff s affidavit required by Section 3301 (d) of the Divorce Code: Defendant: (2) date of service of the Plaintiffls affidavit upon the 4. Related claims pending: None W. Attorney for (X) Plaintiff ( )Defendant c-, ~ ~ °:> r ~, ,, z~ , = ter ~ ~ - ,_ _. _ 1. _ ` ~t ~__ e G. ~~ . = -~ t f l1 JAMES R. HARDMAN, Plaintiff vs. LOIS H. HARDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.01-368 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further 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 statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: p~3 ~~ x-} r-. r - -, -<~ -ca ~: ~ - ~~tt.. ~ <~ _!: - C't ~.- ` - t c=~ -t.... - r. y~: ~~_ r C. :. % .' JAMES R. HARDMAN, Plaintiff vs. LOIS H. HARDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-368 CIVIL TERM CIVIL ACTION -LAW 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 further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this 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: o2ly 0.3 ae-r-ro `~O,.r~~ LOIS H. HARDMAN ~ _., t:.> ., ` .. ,~. - „~~ .~ - _,. ,, _- ,; ' _ /y 1, -__ , _ Y 1 I l { ~? '}7 ~j (7 -~ JAMES R. HARDMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-368 CIVIL TERM LOIS H. HARDMAN, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 19, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service. of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to_ a decree being handed down by the Court. 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: 0 03 r> ~_ _ ~= ~,-t~ ~ .- ~; _. u~. 1~[ `- ~i T ~ \J '`.- fJ~ -G a E"{ H U ~ W ~ ~ M O ~ ~ ~ Q ~ °z ~~ w a a U w O U x H w ~~ .~ ~ ~ ~, ~ x ti .a 0 w 3 b 0 U O .~. Q Y O U O M M 0 U N Q .~ 0 U d 0 O N ~_ ti '~ .~ N O p .~ ~i .~ b w N Q c~~ W .~ P. W O b~A .~ H N O '~ w 0 U .~ W O Y b Y .~ '~ N W 0 U .~ w 0 U .~ ti N U s. Cam, Q w 0 U Q w W O N ~'" ~-+ 0 0 i-r M N U '~ N O o-' cam. a 0 .~ a~+ .~ 7 y V .~ y p. .~ N 0 .~ U Y O" U ~' O 0.i ,~ it O ti o°~n .~ W O ti L7 .~ GJ .~ y .d 0 U Y s. ,b 0 .M~ W N O" O ., °~ .? .~ U 3 C. .~ A N U O O .~ .~ O U .~ +~+ A. U .~ ~P. G .~"r 1. ~ O s°J. U b U O U c~ b W ti y .~ .~ A N N y N H 0 ,~ rn O U N C/] V] U Cq y... O .~ ~. .~ O U N ~^ b i~ N a .~ :c +N+ N N GJ m ~,~ ti N .~ 0 0 .~ V W 3 4 +~+ Q cz ;-~ ,__ .~ -~ , : ~~ ~; ~. „~ ~. -> _ C "; f', " ~- .. ..? 1;. -4 <i• JAMES R. HARDMAN, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW LOIS H. HARDMAN, Defendant NO.O1-368 CIVIL TERM ORDER OF COURT AND NOW, this 215Y day of August, 2003, upon consideration of the praecipe to transmit record in the above-captioned case, and it appearing that the parties' affidavits of consent were filed more than 30 days after their executions, a divorce decree can not be entered at this time, but the parties may file new affidavits of consent and submit a new praecipe to transmit record. BY THE COURT, y~ax J. Smith, Jr., Esq. P.O. Box 650 Hershey, PA 17033-0650 Attorney for Plaintiff y>'Siane Sommers Baker, Esq 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 Attorney for Defendant :rc ~ ~0~- 11K Q~'~~~~ See Pa. R.C.P. 1920.42(b)(2). `"'~' ' f~ij\IF'/'~~~1 ~,'~\IV~C~ ;.~,Ill~^'i~ r. T11~~'l ~ `_ _ ~I,~ ~:._ -_' ~. ~-. JAMES R. HARDMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.O1-368 LOIS H. HARDMAN, :CIVIL ACTION- LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 19, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I haue 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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: l'OD3 ~w a ~( ~ ~m x ~ rj ~.~::: X37 :'.) ,y Z-' "O ~' ~ r; '-~ C :, ~: ~ c~ ~ C ~ ~~ v ~? ~ . .t JAMES R. HARDMAN, Plaintiff vs. LOIS H. HARDMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.01-368 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(cl OF THE DIVORCE CODE I consent to the entry of a Final Decree of Divorce without further 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 statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Ova R. 7 ~ o ~~~=, ~ -r.-, ~C r cs _3. -- r~ 'j _!' L. ._ ~ ~ a ~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LOTS H. HARDMAN ) Docket Number 01-368 CIVIL Plaintiff ) vs. ) PACSESCaseNumber ~s11o40~~ JAMES R. I-]AR.DMAN ) Defendant )Other State ID Number ORDER AND NOW, t0 Wlt, Ori th1S 3RD DAY OF OCTOBER, 2003 IT IS HEREBY ORDERED that the APL ,ryrder in this case be Q Vacated or Q Suspended or ®Terminated without prejudice or Q Terminated and Vacated, effective SEPTEP4BER 23, 2003 , dUe t0: THE PARTIES DECREE IN DIVORCE ON THAT DATE. THERE IS NO BALANCE DUE THE PLAINTIFF. DRO: RJ Shadday xc: plaintiff d8fendant D. BalcBr, Esquire A. Winter, Esquire ~~~~ ~ ',~ ~~a~u?z_-___~. Form 0E-504 ServiceType M Worker ID 21oos BY THE COURT: r~ ~. ' ~_ ~ , ii ~ "; Ti tii= '~ -~-' ~(! ,,-:. i ~;~-, ~ ., ce {"~ 1` N (__ ~ ~ __ -J - C _ . ~9 rsart'_._ _ ... 9s .~Gaat~~IDS114- H9aar ^ ss r+M' as Ef.; .~vrs^.csrv~~Fw".~, re~mSi.~y~ae,~t~~l+s~wkt~ _ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City!Dist. of cvMBERLAND Date of Order/Notice 10/06/03 Tribunal/Case Number (See Addendum for case summary) EmployerM/ithholder's Federal EIN Number SOCIAL SECURITY ADMINISTRATION C/O BETH GRONINGER MINVERVA MILLS BLDG RE: HARDMAN, JAMES R. Q Original Order/Notice Q Amended Order/Notice O Terminate Order/Notice J~ ~ ~ ~ ~ { ~/~ Employee/Obligor's Name (Last, First, Mp / ~~-~~~`(",J,~199-26-3053 '~ ( Employee/Obligor's Social Security Number ~tv~ 4028100881 Employee/Obligor's Case Identifier (See Addendum kr plaurtiff names - 4 O 1 E LOUTHER ST ~ ~ ^ ~ ~ associated wFth cases on attachmenU CARLISLE PA 17013-2657 ~/ ~~t~~~ Custodial Parent's Name (last, First, Mp See Addendum for dependent names and birth dates associated with-cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County; Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current support $ o. oo per month in past-due support Arrears 72 weeks or greater? Qyes ®no $ o. oo Per month in medical support $ o . o o per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 Per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. oo per weekly pay period. . $ o. oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (70) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information i needed (See #70 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER /N ORDER TO BE PROCESSED. DO NOT SfND CASH BY MAIL. BY THE COURT: / / Date of Order: ®~T 4 6 2UOJ DRO: RICKIE SHADDAY Service Type M OMB No.: Form EN-028 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ ^ If hecke~ you are required, to provide a opy of this form to your employee. If yo4r employee orks in a state that is di~ferent from the state that issued this o~er, a copy must be provided to your employee even if t~e box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employeefobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.* . You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligor and you are unable to honorall support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of_employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See#t0 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 8384100092 EMPLOYEE'S(OBLIGOR'S NAME: EfARDMAN, JAMES R. EMPLOYEE'S CASE IDENTIFIER: 4028100881 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, ortaking disciplinary action against any employee bligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: t) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)t; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federa4~limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local [axes; Social Security taxes; and Medicare taxes. i 1. Additional *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT. UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker ID $o2PIC OMB Na.: 09]0-0154 .~ ADDENDUM Summary of Cases on Attachment Defendant/Obligor: xz>1tDt~tArr, JAi~s a. PACSES Case Number 781104077 PACSES Case Number Plaintiff Name Plaintiff Name LOIS H. HARDMAN Docket AttachmentAmount Docket Attachment Amount 01-368 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ^If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount S o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount g o.oo Child(ren)'s Name(s): DOB Service Type M Worker ID $ozrrC OMB No.: 091P-0i 5a . c . ~~ ~~ Cti - - n ` ~l fJ~ ~- i ,.: ~~ ..~.~ _-21 .,.. ,~~; '_'C.' LJ S' C, •• `c` •.a ;~.: rt~ -t .~~ r ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./CIYy/DISC. Of CUMBERLAND Date of Order/Notice 10/03/03 Tribunal/Case Number (See Addendum for case summary) EmployerNVithholder's Federal EIN Number SOCIAL SECURITY ADMINISTRATION C/O BETH GRONINGER MINVERVA MILLS BLDG 401 E LOUTHER ST CARLISLE PA 17013-2657 Q Original Order/Notice Q Amended Order/Notice O Terminate Order/Notice RE: I-IARDMAN, JAMES R. Employee/Obligor's Name (Last, First, Mq ~~. SOD/-~ ~ ~~ U/L ~~s~ S 7~i/6YU~~ 199-26-3053 Employee/Obligor's Social Security Number 4028100881 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mp See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Qyes ®no $ o. 0o per month in medical support $ o . o o per month for genetic test costs $ per month in other (specify) for a total of $ 0.0o Per month to be forwarded to payee below. You do not have to vary your pay cycle to be incompliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. oo per weekly pay period. $ o . oo per biweekly pay period (every two weeks). $ o . oo per semimonthly pay period (twice a month). $ o . o o' per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 1N ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL r emu:, (~7 ~ ~,,~ ,. - ~.,,,„:~~~)BY THE COURT: / / i /I Date of Order:~~~ n g 2®03 Service Type M OMB No.: 0970-m 54 Form EN-028 Worker ID $oINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If hecke~ you are required. to provide a copy of this form to your mployee. If yo r employee works in a state thaT is different from the state that issued this order, a copy must be provir~ed to your emp~oyee even if the box is not checked 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding underthis Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.* . You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/ObligorwIth Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 8384100092 EMPLOYEE'S/OBLIGOR'S NAME: HARDMANT, JAMES R. EMPLOYEE'S CASE IDENTIFIER: 4028100881 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrorn employment, refusing to employ, or taking disciplinary action against any employee/obligorhecause of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (t 5 U.S.C. §t 673 (b)t; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: Slate, Fedeml, local taxes; Social Security taxes; and Medicare taxes. ii. Additional *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: pOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (71 ~ 240-6248 or by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 09]0-0154 Form EN-028 Worker ID $OINC -_ < r, r. _...._. ~-~ ~, t~ .. -, ui~~' ~ L"i ,:'. .. __ i . ~l -i ~ L.I ._... i'J ) '• ~ ~_ _ .. 'J~i it ~..f 'll .. E a..i .-L JAn-u~s SivnTx DUaxmi & Corri~[.LY [,lr Jarad W. Handelman jwh@jsdlegal.com December 6, 2002 134 SIPE AVENUE HUMMELSTOWN, PA 17036 Esquire Robert E, Elicker II MAILwG AooRESS. , , P.o. Rox ss6 Nine North Hanover Street HERSHEY, FA ,7033 Carlisle, PA 17013 TEL. 7,7x33.3260 FAX 7, 7.533.2795 INFO~JSDLEGALCOM W W W.JSDO.COM Re: Hardman x Hardman No. 01-368In Divorce Dear Mr. Elicker: Enclosed please find the completed Certification of Discovery filed on behalf of Plaintiff, it is respectfully requested that you direct On behalf of the Plaintiff James R Hardman MAx ~ sMA NES , . . JR i the filing of Pre-Trial Statements forthwith KAREN DDRKIN . JOHN J. CONNELLV, JR. SCOTT A. DIETTERICK Thank ou for our kind attention. Y y JAMES F. sRADE GREGORY K. RICHARDS SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN Very truly yours, EDWARD P. SEEEER NEIL W. YAHN BERNARD A. RYAN, JR. COURTNEY L. KISHEL JAMES, SMIT {IN & CO s LLP KIMBERLY A. DewITT . OF COUNSEL: ~ MANLEY & DEAS, LLc o-._.~- COLUMBUS, OH Jarad W. Hande man JWH:ak cc: Diane S. Baker, Esquire James Hardman Jnngs SMLTH Drnttmv & Corulv;;[.LY T T P Max J. Smith, Jr. mjsjr@jsdlegal.com 134 SIPE AVENUE HUMMELSTOWN, PA 1]036 MAILING ADDRESS: P.O. BOX 650 HERSHEY, PA 17033 TEL. ]17.633.3280 FAX 717.533.2795 INFO~JSDLEGALCOM December 27, 2002 www.JSOC.coM Robert E. Flicker, II, Esquire Nine North Hanover Street Carlisle, PA 17013 GARY L, JAMES Max J. SMITH, JR. In re: Hardman v Hardman KAREN DuRKw . JOHN J. CONNELLY, JR. No O1-368 SCOTT A. DIETTERICK . T,~ hi DJVOYCe JAMES F. SPADE GREGORY K. RICHARDS SUSAN M. KADEL JARAD W. HANDELMAN Dear BOb: DONNA M. MuwN EDWARD P. SEEBER NEIL W. YAHN Discover in the above matter is pearl com lete, and Diane Baker and I apyee that it is y y p p- BERNARD A. RYA"' JR. COURTNEY L KISHEL appropriate for you to schedule aPre-Trial Conference. Accordingly, we look forward to KIMBERLY A. DewITT receiving notice of same at your earliest convenience. DE cou"sec MANLEV P DEAS, LLC - COLUMBUS, OH Thank you for your kind attention. Very truly yours, JAME~H' DURHIN & CONNELLY LLP Max J. Smith, Jr. MJS,Jr.:jes cc: Diane S, Baker, Esquire A. Mark Winter, Esquire James R. Hardman JAMES R. HARDMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. O1 - 368 CIVIL LOIS H. HARDMAN, Defendant IN DIVORCE PRE-HEARING CONFERENCE TO: Max J. Smith, Jr. Counsel for Plaintiff Diane Sommers Baker Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 11th day of April, 2003, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. very truly yours, Date of Notice: 2/6/03 E. Robert Flicker, II Divorce Master ~~IQ~7ine~~ ~ales~ ATTORNEY AT LAW POST OFFICE BOX 6443 27 SOUTH ARLENE STREET HARRISBURG, PA 17112-0443 (717)671.9600 FAX (717) 671-9601 DSBAKERLAW41aol.eom December 4, 2002 Robert E. Elicker, II, Esquire Nine North Hanover Street Carlisle, PA 17013 RE: lames R. Hardman v. Lois H. Hardman No. 01-368 Civil, In Divorce Dear Mr. Elicker: This is in response to your request for a discovery certification in the above- reference matter. I am unable to complete the certification at this time. My client was in the hospital all last week, and while she is now out of the hospital, she has been unable to meet with her because of her medical problems. I am scheduled to meet with her next week, and at that time, we will review the file and make a determination what, if any, discovery remains outstanding. Once a determination is made as to the discovery status of this matter, I will immediately notify your office and opposing counsel. Thank you for your anticipated cooperation, and if you have any questions, please feel free to contact me. DSB:Isf Enclosure Cc: Max J. Smith, Esquire Lois Hardman JAMES R. HARDMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. O1 - 368 CIVIL LOIS H. HARDMAN, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Jarad W. Handelman James R. Hardman Counsel for Plaintiff Plaintiff Diane S. Baker Lois H. Hardman Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 21st day of May 2003, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: April 11, 2003 E. Robert Elicker, II Divorce Master 3. ~ _ __ :, T OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240-6535 E. Robert Elicker, 11 Divorce Master West Shore 697-0371 Ext. 6535 Traci Jo Colyer Office Manager/Reporter January 3, 2003 Max J. Smith, Jr., Esquire Diane Sommers Baker JAMES, SMITH, DURKIN & CONNELLY Attorney at Law P.O. Box 650 27 South Arlene Street Hershey, PA 17033-0650 P.O. Box 6443 Harrisburg, PA 17112-0443 RE: James R. Hardman vs. Lois H. Hardman No. O1 - 368 Civil In Divorce Dear Mr. Smith and Ms. Baker: Both counsel apparently have agreed that the discovery is far enough long that we can go forward with the preparation of pretrial statements and a conference. A complaint in divorce was filed on January 19, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. On December 4, 2001, wife filed a counterclaim raising the additional economic issues of alimony and counsel fees and costs. I assume that there is no issue with respect to grounds for divorce and that the parties will either sign affidavits of consent or have been separated for a period in excess of two years. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, January 31, 2003. Upon receipt of the pretrial statements, I will immediately schedule apre- hearing conference with counsel to discuss the issues and, if necessary, Mr. Smith and Ms. Baker, Attorneys at Law 3 January 2003 Page 2 schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED.