HomeMy WebLinkAbout03-4130RANDY R. HALDEMAN,
Plaintiff
ELIZABETH M. HALDEMAN,
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 4/130
: CIVIL ACTION - LAW
: 1N DIVORCE/CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN sued in Court. If you wish to defend against the
claims set forth in the following pages, you must take prompt action. You are warned
that if you fail to do so, the case may proceed without you and a decree of divorce or
annulment may be entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers by the Plaintiff. You
may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse,
Front and Market Streets, Harrisburg, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES~ OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOC/IATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
RANDY R. HALDEMAN,
Plaintiff
ELIZABETH M. HALDEMAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE/CUSTODY
COMPLAINT IN DIVORCE
1. The Plaintiffis Randy R. Haldeman, an adult individual currently
residing at 7 Sna Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. The Defendant is Elizabeth M. Haldeman, an adult individual residing
at 7 Sna Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. Plaintiffand Defendant have been bona fide residents in the
Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on October 8, 1988, in Schuylkill
County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiffand Defendant have not yet separated.
8. The causes of action and sections of the Divorce Code under which
Plaintiff is proceeding are:
A. Section 3301(c) - The marriage of the parties is irretrievably
broken.
B. Section 3301(a)(6) - The Defendant has offered such
indignities to the Plaintiff, the innocent and injured spouse, as to render his
condition intolerable and his life burdensome.
9. Plaimiff and Defendant have two children under the age of eighteen,
namely Matthew Ryan Haldeman, bom May 11, 1991, and Michael Ross Haldeman, bom
June 28, 1995.
10. Plaintiff has been advised of the availability of marriage counseling
and understands that he may request that his spouse and he participate in counseling.
11. Plaintiff does not request that the Court require that his spouse and he
participate in counseling prior to a divorce decree being handed down by this Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
a final decree in divorce.
COUNT I
CHILD CUSTODY
12. Paragraphs one through eleven are incorporated herein by reference.
13. The subject children are Matthew Ryan Haldeman, bom May 11,
1991, and Michael Ross Haldeman, born June 28, 1995.
14. The relationship of the Plaintiffto the subject minor children is that of
natural father.
15. The relationship of the Defendant to the subject minor children is
that of natural mother.
16. The minor children have resided at the following addresses, in the
custody of the following individuals:
A. From birth until February 1993, the subject minor child Matthew
Haldeman resided with both parties at 934 Wertzville Road, Enola,
Cumberland County, Pennsylvania.
B. From February 1993 until June 1995, the subject minor child Matthew
Haldeman resided with both parties at 7 Sna Lane, Mechanicsburg,
Cumberland County, Pennsylvania.
C. From June 1995 to the present, both minor children have resided with
both parties at 7 Sna Lane, Mechanicsburg, Cumberland County,
Pennsylvania.
17. There have been no prior actions for custody of the subject minor
children in this or any other jurisdiction.
18. The Plaintiff is not aware of the existence of any other individuals
who have any type of claim whatsoever regarding the custody of the subject minor
children.
19. The Plaintiff believes and therefore avers that he is much better able
to meet the needs of the subject minor children than the Defendant.
20. The Plaintiff believes and therefore avers that it is in the best interest
of the subject minor children that they be placed in his legal and physical custody.
WHEREFORE, Plaintiff requests this Honorable Court award him custody
of the subject minor children.
COUNT II
EOUITABLE DISTRIBUTION
21. Paragraphs one through twenty are incorporated herein by reference.
22. During their marriage, Plaintiff and Defendant have acquired various
items of marital property, both real and personal, which are subject to equitable
distribution under Sections 3501 et.seq, of the Divorce Code of 1980.
WHEREFORE, Plaintiff respectfully requests this Honorable Court
equitably distribute all marital property, both real and personal, owned by the parties.
Date:
Respectfully submitted,
THE LAW OFFICES OF
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 57911
Attorney for Plaintiff
AFFIDAVIT
and correct to the best of my knowledge, information and beliefi I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to
unswom falsifications to authorities.
Dated:
RANDY R. HALDEMAN,
Plaintiff
ELIZABETH M. HALDEMAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-4130 CWILTERM
:
: CWIL ACTION - LAW
: 1N DIVORCE
CERTIFICATE OF SERVICE
The undersigned, Renee Dreisbach, hereby certifies that a copy of a
Complaint in Divorce was served upon Elizabeth Haldeman on August 28, 2003, by
Certified Mail, return receipt requested, addressed as follows:
Elizabeth Haldeman
7 Sna Lane
Mechanicsburg, PA 17055
I hereby certify that the aforegoing is true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
authorities.
Date: ?~?/~,~
R~en~I~reisbach
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Pdct your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
of on the front if space permits.
1. A~icle Addressed to:
F1 No
2. Ar[icle Number
~.~.~,~ 7001 1940 0006 2489 0388
PS Form 3811, August 2001 Domestic Return Receipt
RANDY R. HALDEMAN,
Plaintiff
ELIZABETH M. HALDEMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 03-4130 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on August 22, 2003.
2. The marriage of the 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 in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unswom falsifications to authorities.
Date:
/ f - /Randy R. Ita~aem'af5 - - '
RANDY R. HALDEMAN,
Plaintiff
ELIZABETH M. HALDEMAN,
Defendant
: IN THE COURT OF' COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 03-4130 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses ifI 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 unswom falsification to authorities.
Date: 12/~/9a
,I
~-~y R. H~c/man ~/
RANDY R. HALDEMAN,
Plaintiff
ELIZABETH M. HALDEMAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 03-4130 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on August 22, 2003.
2. The marriage of the 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 in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unswom falsifications to authorities.
Elizab¢~ M. Haldeman
RANDY R. HALDEMAN,
Plaintiff
ELIZABETH M. HALDEMAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 03-4130 CIVIL TERM
:
: CIVIL ACTION - [,AW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses ifI 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.
EI~z~I~ M. Halc~eman
WAYNE A. QUACKENBUSH,
Plaintiff
vs.
SUNNY LISA-MARIE QUACKENBUSH,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2003-4464-CIVIL
:
: CIVIL ACTION - LAW
: IN DIVORCE
/~FFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on September 10, 2003.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from 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.
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. §4904 relating to
unsworn falsification to authorities.
SUNNY L S~-MARIE QUACKENBUSH,
Date: Defendant
WAYNE A. QUACKENBUSH,
Plaintiff
vs.
SUNNY LISA-MARIE QUACKENBUSH,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2003-4464-CIVIL
:
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE CODE
without notice.
2. I
I consent to the entry of a final decree
of divorce
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. §4904 relating to
unsworn falsification to authorities.
SUNNY LI~TMARIE QUACKENBUS , Defendant
MARRIAGE SETTLEMENT AGREEMENT
By and between
RANDY R. HALDEMAN
- AND -
ELIZABETH M. HALDEMAN
Dated: N0~,, ~' ,2003
INDEX
PAGE
1. Divorce and Separation ................................................................ 4
2. Division o£Property ..................................................................... 4
3. Marital Home ............................................................................... 6
4. Child custody and support ........................................................... 8
5. Non-marital property ................................................................... 9
6. Lake Raystown Property ............................................................. 9
7. Income Tax Prior Returns ............................................................ 10
8. Execution of Additional Documents ........................................... 10
9. Trans£ers Subject to Liens ........................................................... 10
10. Complete Listing otProperty ...................................................... 11
11. Equitable Distribution o£Property ............................................... 11
12. Relinquishment of Ownership ...................................................... 11
13. After-Acquired Property .............................................................. 11
14. Debts ............................................................................................. 12
15. Bankruptcy ................................................................................... 13
16. Alimony ........................................................................................ 13
17. Full Disclosure
18. Releases ........................................................................................ 14
19. Indemnification
20. General Provisions
21. Fair and Equitable Contents ......................................................... ! 5
22. Breach ........................................................................................... 16
23. Independent Separate Covenants ................................................. 16
24. Void Clauses ................................................................................. 16
25. Execution of Documents ............................................................... 16
26. Applicable Law ............................................................................ 17
27. Non-Merger .................................................................................. 17
28. Disclosure and Waiver of Procedural Rights .............................. 17
29. Tax Advice ................................................................................... 18
30. Representation of Parties
Signature Page .............................................................................. 19
Acknowledgement Page ............................................................... 20
Exhibit A ...................................................................................... 21
2
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this ~0'~ day of ~], 2003, by
and between Randy R. Haldeman -AND- Elizabeth M. Haldeman, at Harrisburg,
Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on October 8, 1988, at Schuylkill County, Pennsylvania.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or 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. The parties separated on August 22, 2003.
NOW, THEREFORE, in consideration of the aforegoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of the
parties, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
1. Divorce and Separation. The parties agree to the entry ora
decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of Property. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclusive property of
Husband:
1.
Husband shall retain any pension plans and/or retirement
plans and/or employee stocks or savings plans, and/or 401K plans
and/or any and all other employment benefits, which he has
accumulated during the course of his past or present employment.
2. Husband shall retain his 2002 Ram Truck and 1997
Corvette subject to any and all liens and encumbrances.
3. Husband shall retain his savings bonds with a face value of
$1,300 which have not yet matured.
4. Husband shall retain possession and ownership of his 1989
Sea Ray 200cc boat, subject to any all liens and encumbrances.
5. Husband shall be entitled to the balances of any savings
and checking accounts held in his name alone.
6. Husband shall be entitled to the items of personalty set
forth in Exhibit "A" which has been attached to and incorporated
into this Agreement.
B. The following shall become the sole and exclusive property of Wife:
1. Wife shall retain any pension plans and/or retirement plans
and/or employee stocks or savings plans, and/or 401K plans and/or
any and all other employment benefits, which she has accumulated
during the course of her past or present employment.
2. Wife shall be entitled to possession and ownership of her
2000 Volkswagon Passat subject to any and all liens and
encumbrances.
3. Wife shall be entitled to possession and ownership of her
diamond ting.
4. Wife shall be entitled to the following items of personalty:
Living room furniture - couch, love seat, two chairs, tables, lamps;
Computer armoire and bookshelves; piano; dining room set; This
End Up furniture - couch, love seat, chair, tables, chest; hockey
table; basement TV; bedroom TV; bedroom lights; hall bench;
kitchen table and chairs; refrigerator; washer and dryer; riding
lawn mower; Honda push mower; yard tools; deck and pool
furniture; wicker porch furniture; treadmill; DVD player and VCR;
radio/tuner; Christmas decorations.
5. Wife shall be entitled to the balances of any checking and
savings accounts held in her name alone.
C. All personal property in the possession of each party as of the date of
execution of this Agreement shall remain the sole and separate property of each
party respectively with the exception of those items set forth in Exhibit "A",
attached hereto and incorporated herein, which Husband shall have until
January 1, 2004, to remove from the marital home. ltusband shall not remove
any personal property from the marital residence, except for his clothing, his
personal possession and the property specifically identified on Exhibit "A"
attached to this Agreement. All other personal property at the marital residence
shall belong exclusively to Wife.
D. The parties acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and other sources of
income and based thereon they mutually agree that the property listed above
constitutes the entire marital property.
3. Marital Home. The parties acknowledge that they are the joint
owners of real estate located at 7 Sna Lane, Mechanicsburg, Cumberland County,
Pennsylvania, with an approximate value of $220,000, and an outstanding mortgage of
approximately $200,000. Commencing November 1,2003, the parties agree that Wife
shall be entitled to sole possession and ownership of the marital home, subject to her
6
successful refinancing of the mortgage. The parties further agree that Wife shall
refinance or obtain a release of Husband from the mortgage obligation within 180 days of
the execution of this Agreement. Upon successful refinancing or release, Husband shall
execute a warranty deed conveying to Wife all of his right, title, and interest to the real
estate. Commencing on November 1, 2003, Wife shall be solely responsible for the
timely payment of all principal, interest and other fees due under the mortgage, and any
and all costs or liabilities attributable to maintaining the real estate, including but not
limited to all real estate taxes, water and sewer rents, gas, electric, homeowners
insurance, and maintenance expenses and repairs relative to the real estate.
In the event Wife is unable to refinance the mortgage relative to the
marital home, or she is unable to obtain Husband's release fi:om the mortgage obligation
within 180 days of the date of the execution of this Agreement, the parties agree that the
real estate shall be sold in order to release Husband's name ti'om the mortgage obligation.
Upon sale of the real estate, the net proceeds or any deficiency, after deduction of all
expenses, fees and taxes in connection with the sale, and after the satisfaction of the lien
of the existing first mortgage, shall be divided equally between the parties.
From the date of the execution of this Agreement until ~
Husband shall be entitled to remain in the marital home if he so chooses. During the
period of time in which he remains in the marital home, the parties shall divide the
expenses associated with the real estate as the parties mutually agree.
In the event Wife successfully refinances the tnortgage relative to the
marital home or obtains Husband's release from the mortgage obligation, Wife shall pay
to Husband the stun of $10,445.50 to be paid as follows: Wife shall pay to Husband
$208.91 per month, to be paid by the first of each month, for a period of 50 months.
Payments shall commence on the first full month following Husband's execution of the
warranty deed.
4. Child custody and support. The parties hereby acknowledge that
they are the natural parents of two minor children bom of the marriage, namely, Matthew
Ryan Haldeman, bom May 11, 1991, and Michael Ross Haldeman, bom June 28, 1995.
The parties agree that they shall share physical and legal custody of the minor children as
the parties mutually agree.
The parties specifically agree that neither party shall seek child support
from the other through the Domestic Relations Section of the Court of Common Pleas
during the minority of their children and that instead they shall each be 50 percent
responsible for the following expenses of the children:
a. Clothing;
b. School uniforms;
c. Sports fees and equipment; and
d. Children's hotel rooms when sports teams travel.
It is expressly agreed that the parents must communicate and reach an
agreement regarding the amount of money to be spent on school uniforms, clothing
purchases and sports related expenses. If one party exceeds any agreed-upon spending
limits for clothes, uniforms, or sports expenses, the other party is not obligated to
reimburse the first party for any amounts exceeding the parties' agreed-upon limit.
Husband and Wife specifically agree that by agreeing to share the
expenses set forth above, each is fully meeting his or her child support obligation for the
8
parties' minor children. The parties further agree that in the event either party brings an
action for child support against the other party resulting in the Court issuing a Child
Support Order, the party obligated to pay child support to the other party shall receive an
alimony award from the obligee party in the exact amount of the child support obligation.
Said alimony award shall not be modified or terminated on the basis of cohabitation or
remarriage.
The parties agree that Husband shall maintain medical insurance coverage
on both children providing it is available to him at no cost through his employment.
5. Non-marital property. The parties acknowledge that they are in
possession of various family heirlooms which constitute non-marital property. The
parties agree that Husband shall be entitled to his grandmother's antique radio, his aunt's
castle picture, his grandfather's pipe stand, and his grandmother's schoolhouse clock.
Husband shall have until January 1, 2004, to remove these items from the marital home.
The parties agree that Wife shall be entitled to the Cherry antique bedroom set, rolltop
desk, potbelly stove, icebox, sewing machine, claw foot buffet table, victrola, and
glassware.
6. Lake Raystown Property. The parties acknowledge that Wife
has an interest in a house being built at Lake Raystown, Pennsylvania. The parties
further acknowledge that Husband has been involved with the planning and construction
of the Lake Raystown house. The parties agree that Husband shall be entitled to have
liberal use of the property during periods of time when he has. physical custody of the
parties' minor children provided he coordinates his time for use with Wife.
9
7. Income Tax Prior Returns. 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.
8. Execution of Additional Documents. The parties agree to each
sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of
Divorce Decree concurrently with the execution of this Agreement or upon the expiration
of ninety (90) days following the filing and service of the Divorce Complaint. The
parties agree to execute any deeds, assignments, titles or other instruments necessary and
appropriate to accomplish thc aforesaid division of property.
9. Transfers Subject to Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such property agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
10
10. Complete Listing of Prol~ertv. The parties represent and warrant
to each other that the property described in this Agreement represents all of the property
in which they have any right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
11.
Equitable Distribution of Property. By this Agreement, the
parties have intended to effect an equitable distribution of their jointly owned property.
The parties have determined that an equitable division of such property conforms to a just
and right standard, with due regard to the rights of each party.. The division of existing
marital property is not intended by the parties to constitute in any way a sale or exchange
of assets, and the division is being effectuated without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein as non-taxable.
12. Relinquishment of Ownership. Except as provided herein,
Husband forever relinquishes any right or interest he may now or hereafter have in any
assets now belonging to Wife, and Wife forever relinquishes any right or interest she may
now or hereafter have in any assets now belonging to Husband.
13. After-Acquired Property. Each of the parties shall hereafter own
and enjoy independently of any claim or right of the other, all. items of property, be they
real, personal or mixed, tangible or intangible, which are 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 unman'led.
11
14. Debts..
A. Husband and Wife agree to be responsible for the joint debts of
the parties as follows: Husband shall be responsible for all amounts owed on credit cards
held in his name alone, namely Capital One Visa with an approximate balance of $100
and the Cirrus MasterCard with an approximate balance of $200, as well as his Tweeter
charge in the approximate amount of $3,000. Husband shall also be responsible for the
loans incurred relative to his 2002 Ram Truck and his 1997 Chevrolet Corvette. Wife
shall be responsible for the balances of all credit cards held in her name alone, namely
her Members First Visa with an approximate balance orS100. Wife shall also be
responsible for the loan incurred relative to her 2000 Volkswagan Passat.
B. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
except as otherwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter save
harmless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims mad demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall indemnify and save
hamaless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and from all expenses, legal costs, and
counsel fees unless provided to the contrary herein.
12
15. Bankruptcy or Reorganization Proceedin~a, In the event that
either party becomes a debtor in any bankruptcy or financial reorganization proceedings
of any kind while any obligations remain to be performed by that party for the benefit of
the other party pursuant to the provisions of this Agreement, the debtor spouse hereby
waives, releases and relinquishes any right to claim any exemption (whether granted
under State or Federal law) to any property remaining in thc debtor as a defense to any
claim made pursuant hereto by thc creditor-spouse as set forth herein, including all
attorney fees and costs incurred in thc enforcement of this paragraph or any other
provision of this Agreement. No obligation created by this Agreement shall be
discharged or dischargeable, regardless of Federal or State law to the contrary, and each
party waives any and all right to assert that any obligation hereunder is discharged or
dischargeable.
The parties mutually agree that in the event of bankruptcy or financial
reorganization proceedings by either party in the future, any monies to be paid to the
other party, or to a third party, pursuant to the terms of this Agreement shall constitute
support and maintenance and shall not be discharged in bankruptcy.
16. Alimony. The parties mutually agree to forego or waive any right
to alimony, alimony pendente lite, and spousal support, with the exception that alimony
may be awarded to a party pursuant to and only pursuant to the specific terms set forth in
Paragraph 4 of this Agreement.
17. Full Disclosure. The respective parties do hereby warrant,
represent and declare that he and she have made a full and complete disclosure to the
13
other of all assets of any nature whatsoever in which such party has an interest and any
further enumeration or statement thereof in this Agreement is specifically waived. Each
party agrees that he or she shall not at any future time raise .~uch 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.
18. Releases. Each party does hereby remise, release, quitclaim and
forever discharge the other and the estate of the other from any and every claim that each
other may now have, or hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower or claim in the
nature of dower, widow's rights, or under the intestate laws, or the right to take against
each other's will, or for support or maintenance, or of any other nature whatsoever,
except any rights accruing under this Agreement or as otherwise stated in this Agreement.
19. Indemnification. Each party represents and warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
in this Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafl:er initiated seeking to hold
the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnify and hold
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost, expense, penalty, and
14
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wife to the other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
20. General Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior agreements and negotiations
between them. There are no representations or warranties other than those expressly set
forth herein.
21. Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
Each party acknowledges that he or she has received independent legal advise from
counsel of his or her selection and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations. Each party acknowledges and
accepts that this Agreement is, under the circumstances, fair ~md equitable, and that it is
being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any duress or undue
15
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
22. Breach. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement, the other
party shall have the right, at his or her election, to sue for damages for breach thereof, to
sue for specific performance, or to seek any other legal remedies as may be available, and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
23. Independent Separate Covenant~. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
24. Void Clauses. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause or provision shall be stricken from this Agreement and
in all other respects this Agreement shall be valid and continue in full force, effect and
operation.
25. Execution of Documents. Each part~ shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
16
26. Applicable Law. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
27. Non-Merger. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with respect to the
parties, but shall not be deemed to have been merged with such Decree.
28. Disclosure and Waiver of Procedural Rigbta. Each party
understands that he or she has the right to obtain from the other party a complete
Inventory or list of all property that either or both parties own at this time or owned as of
the date of separation, and that each party has the right to have all such property valued
by means of appraisals or otherwise. Both parties understand that they have the right to
have court held hearings and make decisions on the matters covered by this Agreement.
Both parties understand that a court decision concerning the parties' respective rights and
obligations might be different from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
17
b. The right to obtain an Income and Expense Statement of the other
party as provide by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
e. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
party that property which the Court determines to be that party's non-
marital property.
f. The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of
the marital relationship, including but not limited to possible claims for
divorce, child or spousal support, alimony, alimony pendente lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
29. Tax Advice. Both parties hereto hereby acknowledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax implications of this
Agreement. Further, neither party has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with :reference to the tax
18
implications involved in this Agreement. Further, the parties acknowledge and agree that
their signatures to this Agreement serve as their acknowledgement that they have read
this particular paragraph and have had the opportunity to seek independent tax advice.
30. Representation of Parties. The parties have mutually worked out
the terms of this Marriage Settlement Agreement. Husband has been represented by
Kristin R. Reinhold, Esquire. Wife has been represented by Debra Denison Cantor,
Esquire and Joanne Harrison Clough, Esquire, or Reager & Adler, PC.
~ IN WITN~ WHEREOF, the parties hereto have set their hands and
seals ~ dly~an~ ?~t ap°ve written' ·
} ~ izal~.ee~J[M. Haldeman
19
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On this~q~'lday of /~O~/~-~l~- , 2003.. before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Elizabeth M. Haldeman,
known to me or satisfactorily proven to be the Wife in the aforegoing Marriage
Settlement Agreement.
E-liz~jth M. Haldema~
Witness my hand and Notarial seal, the day and year aforesaid.
Notarial Seal
Susanne IC Sati~r, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires Aug. 25, 2005
Memt)er, Pennsylvania Association or No~aries
Notary Public /
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On thiiS'~ay of A//~/p/~l¥~.~f, 2003, before me Subscriber, a
Notary Public, for the Co~mmonwealth of Penn'sylvania, came Randy R. Haldeman,
known to me or satisfactorily proven to be the Husband in the~oregoing Marriage
Settlement Agreement. ~~~
Witness my hand and Notarial seal, the day and year aforesaid.
otary Pubhc
My Commission Expires:
20
EXHIBIT A
ITEMS OF PERSONALTY TO BE REMOVED
FROM THE MARITAL HOME BY HUSBAND
ON OR BEFORE JANUARY 1, 2004
1. Leather furniture - love seat and sofa
2. Mitsubishi 42" widescreen TV
3. Bose Sound Surround system
4. Pennsylvania House cherry bedroom set - all pieces
5. Nordic Track SoloFlex weight machine
6. All tools (excluding lawn tools)
7. Executive desk located in basement
8. Music CD's and stand
9. All toy trains
10. Car/Music pictures
11. Encyclopedias ~x dO~v~'' ~.
13. Victorian bedroom light
14. Clock from sister located in dining room
15. Snowblower
21
RANDY R. HALDEMAN,
Plaintiff
ELIZABETH M. HALDEMAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 03-4130 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court
for entry of a Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section
( ) 3301 (d) of the Divorce Code. (Check applicable section.)
Date and manner of service of the Complaint: August 28, 2003, by
(X) 3301 (c)
2.
Certified Mail.
3.
Complete either (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
Section 3301(c) of the Divorce Code: December 8, 2003, by Plaintiff, December 30,
2003, by Defendant.
(b) (1) Date of execution of the PlaintiWs Affidavit required by
Section 3301(d) of the Divorce Code:
(2) Date of service of the PlaintiWs Affidavit upon the
Defendant:
4. Related claims pending: The Marriage Settlement Agreement
between the parties shall be incorporated, but shall not merge with the final Decree in
Divorce.
5. Complete either (a) or (b).
(a) Date and manner of service of Notice of Intention to File
Praecipe to Transmit Record, a copy of which is attached:
(b) Date PlaintiW s Waiver of Notice in § 3301 (c) Divorce was
filed with the Prothonotary: December 31,2003.
Date Defendant's Waiver of Notice in §3301(c) Divome was
filed with the Prothonotary: January 6, 2004.
6. Social Security Numbers:
(a) Plaintiff.' 197-44-6187
(b) Defendant: 182-60-8550
/(ttomeyJfor'Plainf
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~
PF'NNA.
RANDY R. HALDEMAN, .......
.... ~LI~.~BETH M. ~AL~E.MAN, ..........
~O ......... Q$.r.~.!.$0...~.I~I.~TERM
DECREE ~N
DIVORCE
AND NOW ............ I~.~7..../.Y.~., ~.-.'~.Y., it is ordered and
decreed that ......R~nd.~ .R.. ~a~e.ma~ ........................ plaintiff,
and ........ ~li.zabe.t,h .~.. RalclP~.an ......................... 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 o final order has not yet
been entered;
·, . ~.he. K~rr ia.~e. S~ttlement. A~reement. hetwee~ .the..par.~i. es. ~halt, be
.... i.n.c. 9.rl~orated, but sha%%, p.e.t...m~.r.g.e..w.i.t.h...%h~, final. D.ecre.e .in. Divorc
By T~,~ Court:.',/