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HomeMy WebLinkAbout03-4473 BEVERLY M. HAULMAN, Plainti ff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. <0 3 - 4'17'3 Civil Term ROBERT E. HAULMAN, Defendant ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 BEVERLY M. HAULMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. p.:J _ 44./1J ACTION IN DIVORCE Civil Term ROBERT E. HAULMAN, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Beverly M. Haulman, a competent adult individual, who has resided at 321 Union Hall Road, Carlisle, Cumberland County, Pennsylvania, 17013, since November 2002. 2. Defendant is Robert E. Hau1man, a competent adult individual, who has resided at 10 Running Pump Road, Newville, Cumberland County, 17241, since 1993. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 7, 1980 in Hagerstown, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together; however, both are adults. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. '~~MQ~~, ~J~'-i\, ~rlY M. H~man, Plaintiff Respectfully submitted, Date: C\..\ \D\D~ (b1?o e Adams, Esquire . No. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 1: i,' ,--) ,"i") ", -j ~ , @ , '-, ~ ^ ("., -' ~ - 4" ~ ..t:. ~ " -t: ~ - lA1 l" (i' vs. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ; No. 0 ~- 4 if 7 ':2.) Civil Term .... BEVERLY M. HAULMAN, Plaintiff ROBERT E. HAULMAN, Defendant ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this September 22, 2003, I, Jane Adams, Esquire, hereby certify that on or about September 17,2003, a certified true copy of the NOTICE TO DEFEND, AND COMPLAINT IN DIVORCE were served, via certified mail, return receipt requested, restricted delivery, addressed to: Robert E. Haulman 10 Running Pump Road Newville, Pa. 17241 DEFENDANT Respectfully Submitted: L Adams, Esquire . No. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF Q <;; So -o~:p 0;:1'1" __::r 2\;', (;f!,~ =<. "'~, !2C .". ", '~~.C,_' -( , C: ~ t-::::- 0.) ,/> -'I "0 ~" \.0 o "':1 ;-~.::. ; ~::::\ -0 ::>:. h? ..-<,j] ...~ (,) ~;,rn ~ ;p -< ~ . Complete itemS 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print 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, or on the front if space permitS. 1. ArtIcle Addressed to: ~+-E.~cU\ t ().~~ fvi"f fLd ~v11t~ PA- l 0-.4 \ ON DELIVERY x ~t~J,iI"" o~t "'2$Add18SS98 C. Date of Delivery 6, 0, :3. Service Type )t' Certified Mail IJ Express Mail ,- [3 Reglsterea [] Return Receipt for Merchandise D Insured Mail D C.O.D. 4. Restricted ~eliver{1 (Extra F~) )(ves 1'11'1 i J" J d.5~O 2. Article Number (Transfer from serv;( '7 00'1 PS Form 3811. August 2001 2510 0001 4131 - . ........---... Domestic Return Receipt 102595-02-M-OB35 UNITED STATES POSTAL SERVICE 111111 First.Class Mail Postage & Fees Paid USPS Permit No. G-10 . Sender: Please print your name, address, and ZIP+4 in this box. JANE ADAMS ATTORNEY AT I ,.f~.8. PITT 8t .......'SU. I'A f J iIIIJIIltllllltllltILIIlIt,il,ltl.t,li,lli,'I/.tlti,lltlll/ll BEVERLYM. HAULMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 03-4473 ROBERT E. HAULMAN, Defendant CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY OF SAID COURT: ENTRY OF APPEARANCE Please enter the appearance of rhe undersigned as counsel for Defendant, Robert E. Haulman, in the above-captioned matter. Respectfully submitted, ABOM & KUTUL.4KIS, LLP DATE 1/2-0105 ~g,~~tcF 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Ddendant ID #86914 r-~' <-l ~:~::?\ ;11 c-"" '- -,'no ~,::",. ..,~- i') V..., (~"? C:::J ..\'.:- ~ BEVERLY M. HAULMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 4473 Civil Term ROBERT E. HAULMAN, Defendant ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , 2005, by and between, BEVERLY M. HAULMAN, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and ROBERT E. HAULMAN, of Newville, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 7, 1980, in Hagerstown, Maryland, and; WHEREAS, there were two children born of this marriage; WHEREAS, 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 their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband is PRO SE. The Wife has employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband has been advised of his right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Wife. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. 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 date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and all rights; titles, 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, or whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of 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 the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any rights which Wife may have or at any time hereafter have against the other for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs, expenses, or equitable distribution of marital property whether arising as a result of any marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. 7. WARRANTY OF DEBTS AND FUTURE OBLIGA nONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnifY or hold harmless from the other and against all future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in Wife's name alone. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in Husband's name alone. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s350l et. seq. and taking into account the following considerations: the length of the marriage, the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power of the other party; the opportunity for each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 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 effected without the introduction of outside funds or other property not constituting marital property, The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties, As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue and action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony, At the time of the implementation of this alimony award, which may be made through the appropriate Domestic Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husbal1d or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. 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. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both ofthe parties, they agree as follows: (a) The 1998 Honda SUV shall be and remain the sole and exclusive property of Wife. (b) The 1984 Chevy Van shall be and remain the sole and exclusive property of Husband. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MARITAL HOME. HUSBAND and WIFE held title as Tenants by the Entireties to the premises identified 10 Running Pump Road, Newville, Pennsylvania. In 2003, Husband refinanced the mortgage obligation on the marital home in his name alone and Wife signed over all right, title and interest in the marital home in favor of Husband. Wife waives any interest she may have in this property and the parties agree that Husband is solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. 13. EMPLOYMENT BENEFITS. Other than as provided in this agreement, the parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. Husband had a Thrift Savings Plan due to his employment with the Federal Government and some savings bonds. The parties have previously divided these assets to their satisfaction, with each party receiving equal shares. Husband has a CSRS pension plan, a portion of which was earned during the marriage due to his employment with the Federal Government. Husband shall transfer the one-half of the marital portion of his benefits to Wife. In calculating Wife's portion of the marital benefits, the parties agree as follows, as provided by the Divorce Code: Husband's defined benefit plan shall be allocated between its marital and non- marital portions solely by use of a coverture fraction. The denominator of the coverture fraction shall be the number of months the employee spouse worked to earn the total benefit and the numerator shall be the number of months during which the parties were married and not finally separated. The benefit to which the coverture fraction is applied shall include all post-separation enhancements except for enhancements arising from post-separation monetary contributions made by the employee spouse, including the gain or loss on such contributions. The parties agree that they will cooperate in the entry of a Qualified Domestic Relations Order which will effectuate the transfer of benefits. The parties will equally divide all costs associated with the preparation of a Qualified Domestic Relations Order. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. All alimony to be paid under this agreement shall terminate upon the recipient's remarriage or cohabitation with a person of the opposite sex. 15. INCOME TAX RETURNS. HUSBAND and wife represent to each other that to the best of their knowledge all federal, state, and local taxes required to paid with during the marriage and during the periods covered by such tax returns have been paid. Husband and Wife further represent that there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of limitations on the assessment or collection of any tax for such periods. If any deficiency in federal, state, or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnify and hold hannless the other against and from any and all tax, interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. 16. 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 no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17. 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. 18. APPLICABLE LAW. The 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. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENT A TION. Wife and Husband covenant and agree that they will forthwith 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. 21. NO WAIVER OF DEF AUL T. 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 by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 22. SEVERABILITY. 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 provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should . be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: Date: 1-\.\ v.\ oS ;r~~ ROBERT E. HAULMAN, Husband Date: 3~7-o5 7 / \ <J-~ ->/ ----- ;, 6'<'../ ,j LS~> \\'.., b -- .- v~",,,, ..- q, :;;:\"" -''''1 .-:--:. p ~J, :?,s. -0 '~~~~ ::;;;;. :~'!\ ;.- ':~~ n c ~ <[}. ~ :;s \ ....l " 1..;. ~-;;: ::.i. r:-? r o BEVERLY M. HAULMAN. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 4473 Civil Term ROBERT E. HAULMAN, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT I, A complaint in divorce under section 3301(c) of the Divorce Code was filed on September 11, ZOO3. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed trom the date of the filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce afier service of notice of intention to request entry of the decree, ] verifY that the statements made in this affidavit are true and correct. I also understand that false !statements herein are made subject to the penalties of] 8 Pa,C.S, 4904, relating to unsworn falsification to iauthorities. iDate: /. ,:cJ~J r /~-:U.- I'i.obert E. Haulman, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~330I(c) AND ~330I(d) OF THE DIVORCE CODE 1, I consent to entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that 1 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 afier it is filed with the Prothonotary, 1 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, Date: if -;liP -G) ')- ~4c:/~L- Robert E. Hau1man, Defendant --~'"~~~,...~_.. " " .. ~: =(1 "-> c, = Gn o " -l :r:~ r,,~ ,. -Ofn :00 \.") 1 ,~~ ;;'",f ~,::.-. ~ ;,o.:t.... , N J:::-- w (J'. c,,<' BEVERLY M. HAULMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 4473 Civil Term ROBERT E. HAULMAN, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) ofthe Divorce Code was filed on September 11, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry of a fmal 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S, 4904, relating to unsworn falsification to authorities. Date: i /2, 0/0 r;- \fiRV') WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6330llc) AND 6330lld) OF THE DIVORCE CODE I. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities, Date: '1/20/0~- ,'6Jr0.4V' (") r;; ~"'- ~ijf"f ~:j;{ ~t '~~ =< t'-> = = "'" (I) r"l"\ -0 N ~ ~:!l :gE 0.6 ;';-;i I:-n Qo ..:-rn S 55 '< -0 :x ..,.. N BEVERLY M. HAULMAN, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 4473 Civil Term ROBERT E. HAULMAN, Defendant : ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under &330I(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Served via certified mail, restricted delivery, retUrn receipt requested, on September 17, 2003. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: September 20,2005. By Defendant: April 20, 2005. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: May 2, 2005. Date Plaintiffs Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: September 21,2005. Date: q~rl rh- Adams, Esquire . No. 79465 64 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff o C :r -:~ c: ri'C" ":;:-~" ,- " '::), C~I.- :~~~ c :t~ \~_: ~ ~ q N oJ:) :s ..:..,. ~ ::t-n rne :r,~ c>,() ':::J.-fl -L-.o. (7.6 /-\rl o --\ "", ~ r:i' c::> "" ,," " " " " " " " " + " " " " + + + + + + + + + + + + + " " + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + " + + + + + + + + + + + + + + + + + + + + + + + " + + + Of", ~ '" Of. :+:;f.:f. :ti:t':t':f.;t':+;:f. :+: '" :+.:t;:f.;f;f.:f.:+:+. ++ + + '+':+: Of.;t' :f. Of.:+: +;t';t. if. :+.'f.+.:f.+:f.+++:f.+ ++.++++.+~ + + + + + + + + + + + + + + + + + + + + + + + + + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Beverly M. Haulman, Plaintiff No. 2003 - 4473 Civil Term No. VERSUS Robert E. Haulman, Defendant DECREE IN DIVORCE AND NOW, O~tf ~~;30tA . , IT IS ORDERED AND DECREED THAT Beverly M. Haulman , PLAINTIFF, Robert E. Haulman , DEFENDANT, AND 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; The marriage settlement agreement which was executed April 7th, 2005 and filed April 7, 2005 shall be incorporated and ed into this Decree. + + + + + + + J, " + + + + + + PROTHONOTARY + + + + +:+: ++++:f.~:+'+++'+++? Am,~ , + " + ,.,:of.;t' + :+.:+.:f.+ Of. + + + :+.+:;+:;1;;1;++++ ;t::+.:+.++++.+:+:++ :f. + ++ + + + + + + + + + + " + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ,~Jf?72,A-O)A -rrJ. fI' 0/ ':j /'J' _ '- r'/h f' ~jpJ . '" Mv.r;J 5O?41 ~l} ~1-~ In the Court of Common Pleas Of Cumberland County, Pennsylvania Beverly M. Haulman, : Docket No. 03 - 4473 Civil Term Plaintiff v. : ACTION IN DIVORCE RECEIVED OCT llZ00;r Robert E. Haulman, Defendant DOMESTIC RELATIONS ORDER AND NOW, the parties, Beverly M. Haulman, Plaintiff, and Robert E. Haulman, Defendant, do hereby Stipulate and Agree as follows: I. This Domestic Relations Order ("DRO"), creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable for Processing under final regulations issued by the Office of Personnel Management. ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provisional marital property rights of the Alternate Payee pursuant to a Property Settlement and Separation Agreement entered in or on April 7, 2005. 4. This DRO applies to the Civil Service Retirement System (hereinafter referred to as the "Plan"), and any successor thereto. Robert E. Haulman is a Participant in the Plan. Beverly M. Haulman, (hereinafter referred to as "Alternate Payee") the former spouse, is the Alternate Payee for the purposes of this DRO. 5. Participant and Alternate Payee were married on June 7, 1980, were separated on November 5, 2002, and were divorced on [) C-t- Li , 'd,CO~- . 6. The name, address, social security number, and date of birth of the plan Participant are: Name: Robert E. Haulman. Address: 10 Running Pump Road, Newville, Pa. 17241. Social Security No. #201-42-5422. Birth Date: June 17, 1950 . 7. The name, last known address, social security number, and date of birth of the "Alternate Payee" are: Name: Beverly M. Haulman Address: 321 Union Hall Road, Carlisle, Pa. 17013. Social Security No. #176-46-6485. Birth Date: October 3, 1955 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 8. The Participant is not retired; he joined the Plan on October 8, 1981. 9. The Alternate Payee shall be entitled to a portion of the Participant's vested accrued benefits under the plan. Alternate Payee's shall be entitled to 50% of the marital portion of Husband's benefits. The "marital portion" shall be determined as follows: a. Husband's defined benefit plan shall be allocated between its marital and non- marital portions solely by use of a coverture fraction. The denominator of the coverture fraction shall be the number of months the employee spouse worked to earn the total benefit and the numerator shall be the number of months during which the parties were married and not finally separated. The benefit to which the , coverture fraction is applied shall include all post-separation e~ancements except for enhancements arising from post-separation monetary contributions made by the employee spouse, including the gain or loss on such contributions. b. All payments shall be deducted from the Participant's Gross Monthly Annuity. c. Alternate Payee will receive a pro-rata share of any cost of living adjustments. d. Equitable distribution of the marital property component of Member's retirement benefit, as set forth in this Paragraph shall commence as soon as administratively feasible after the entry of this Stipulation and Agreement as a Domestic Relations Order is acceptable to CSRS. 10. Benefits shall be paid to the Alternate Payee for the duration of Alternate Payee's life. II. If Participant leaves Federal Service before retirement and applies for a refund of employee contributions, the Office of Personnel Management is directed not to refund such contributions. 12. Alternate Payee shall be entitled to a former spouse survivor annuity. Alternate Payee shall be entitled to the maximum possible annuity. Any cost of the annuity shall be paid from Alternate Payee's share of the annuity. 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Participant. Alternate Payee is not entitled to any benefit not otherwise provided by CSRS. The Alternate Payee is only entitled to the specific benefits offered by CSRS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by CSRS not granted to Alternate Payee are preserved for Member. 14. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order based on this Stipulation and Agreement but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require CSRS to provide any type of form or benefit, or any option not otherwise provided by CSRS and further provided that no such amendment or right of the Court to so amend will invalidate any existing Order. 16. Upon entry as a Domestic Relations Order, a certified copy of this Stipulation and Agreement any attendant documents shall be served upon CSRS immediately. The Domestic Relations Order shall take effect immediately upon its approval and the approval of any attendant documents by CSRS and shall remain in effect until further Order of Court. WHEREFORE, the Parties, intending to be legally bound by the Terms of this Stipulation, do hereunto place thcir hands arId seals. ;(?L:I~ 16. f.-- -.. Robert E. Hau man, Participant Date: , D (11/0':;.- / ~tJ ~/CJ Kara Haggerty, Esqui e 36 S. Hanover St. Carlisle, Pa. 17013 (717) 249-0900 Attorney for Participant Date: (0 lit los- AND NOW, this #. , I Day of V) J e Adams, Esquire ~ S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Alternate Payee ~ , 2005, this Stipulation and Agreement is hereby made a ORDER of Court. ...- -~ J. AH..JilC". ":il:J '11 :8 HlJ Z 1 1:10 SOOZ }'J.1V1U>L;:.~-:.<.;~ld 3Hl ::10 ?J:Ji:!::O-C1:fj::! Fl~.~fl°C1~~~1r ~i ~ T~E€ ~~ ~ `~ a E's C~'~ J iA~'~ 2~~0 ~ `~~ 23 ~'~ ~+~ ~ { OM +~ LILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717)249-0900 BEVERLY M. HAULMAN, Plaintiff v. ROBERT E. HAULMAN, Defendant C.~~~1'it:'Li~Ni~'tU t„~Q~Iv~ i~ `t'~~e~'~~`{~_~~t~'~~A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-4473 CIVIL ACTION -LAW IN DIVORCE ADDENDUM TO MARITAL SETTLEMENT AGREEMENT THIS ADDENDUM TO THE MARITAL SETTLEMENT AGREEMENT, made this day of 2010 between BEVERLY M. HAULMAN, now known as BEVERLY M. FOLTZ, (hereinafter referred to as "Wife"), and ROBERT E. HAULMAN, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, Husband and Wife agree that this Addendum supplements the original Marital Settlement Agreement that was signed on April 7, 2005, and all previous warranties, covenants and representations are hereby valid; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife is represented by Jane Adams, Esquire, and that Husband is represented by Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and 1 amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Addendum, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Addendum is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the 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, hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: A. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY LUMP SUM PAYMENT. Husband agrees to make a lump sum payment of Fifteen Thousand ($15,000.00) Dollars to Wife. This payment to Wife represents her share of Husband's retirement and/or annuity. It is agreed that this payment is made by Husband and accepted by Wife in exchange for any other claims under Husband's retirement or annuity. It is further agreed that any and all support payments made by Husband to Wife will cease upon the signing of this Addendum to the Marital Settlement Agreement. B. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Addendum shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Addendum as if it were a Court Order. This Addendum shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Addendum shall in any way change the terms of 2 this Addendum. This Addendum may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Addendum shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Addendum is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Addendum. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Addendum is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: (SEAL) E~/ERLY M. OLTZ (Formerly B ERLY M. HAULMAN) ~` (SEAL) ROBERT E. HAULMAN 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this ~ day of , 2010, before me, the undersigned officer, personally appeared BEVERLY . FOLTZ (formerly BEVERLY M. HAULMAN), known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Notarial Seal ~~-~~~ Kristen Smith, Notary Public NOTARY PUBLIC S. Middleton, Cumberland County Nly Commission Expires y1912014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this ~ day of , 2010, before me, the undersigned officer, personally appeared ROBERT . HAULMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Notarial Seal NOTARY UBLIC Kristen Smith, Notary Public S. Middleton, Cuml;erfand G~~"qty My Commission ExpirQS 211912014 4 BEVERLY M. HAULMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V NO. 03-4473 ROBERT E. HAULMAN, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this /day of fo'&Vdj? , 2011, upon consideration of the attached Addendum to Marital Settlement Agreement, said Addendum is hereby made an Order of Court. BY THE COURT: Edward E. Guido, J. Distribution: Kara W. Haggerty, Esquire - For the Defendant cOpie5 v/ Jane Adams, Esquire - For the Plaintiff 11(of if 61(b C= MW xM =-.rj M- ,mac? za S-n s>z X 3 ;Z .°„rrYi --+ o