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HomeMy WebLinkAbout01-3845 ~t7'fpr Z ~1I ~~t4 Ec7' -(:1 . E' .-y;t p;2 ~ -~/ ~ f:c? '(I . r . . .. TERESA R. HARTMAN, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : .n:l\UI'HIN-€OUNTY, PENNSYLVANIA : C~E!lJ.N..ID : No. 01-3845 ,,~ ,-\)0 ~ IZI-- ROBERT L. HARTMAN, Defendant. CIVIL ACTION - DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this \ 2..TH day of Fe6tv~'f 2003, by and between Teresa R. Hartman, of Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as "Wife," and Robert L. Hartman, of Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 16, 1977; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live separate and apart of each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. " NOW, THEREFORE, in consideration 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the Parties by their respective counsel, Gerald S. Robinson, for Robert L. Hartman, and Robert P. Kline, for Teresa R. Hartman. The Parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been informed as to their legal rights and obligations 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, after having received such advice and with such knowledge 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. 2. SEP ARA TION . It shall be lawful for each Party at all times hereafter to continue to live separate and apart from the other Party. The foregoing provisions shall not be taken as an admission on the part of either Party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The Parties agree that the terms ofthis Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them at the request of either Party. The Parties agree that the Court of 2 ,) r- d\\J \.. (\).;r ~~\~d Common Pleas of~ufJhin County, Pennsylvania, shall retain continuing jurisdiction over the Parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The Parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the Parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the Parties and may be enforced in an action independent of the Divorce Decree. The Parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3502 ofthe Pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of existing property rights and interests between the Parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. SUBSEQUENT DIVORCE. The Parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the Parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 3301(c) of the Pennsylvania Divorce Code. 5. INTERFERENCE. Each Party shall be free from interference, authority, and contact by the other, as fully as ifhe or she were single and unmarried, except as may be necessary to carry out the provisions ofthis Agreement. Neither Party shall molest the other or attempt to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3 6. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 8. MUTUAL RELEASE. Subject to the provisions of this Agreement, each Party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the Parties had or now has against the other, except for any and all causes of action for divorce and except for any and all causes of action for breach of any provisions of this Agreement. 9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the Parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the Parties and, further, that the Husband and Wife voluntarily and intelligently 4 agree to waive any rights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 10. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. a. REAL PROPERTY. The Parties acknowledge that Husband and Wife have a legal interest in the marital property. Wife shall relinquish all interest she has in the marital residence. Husband shall assume all other financial responsibility for the costs associated with the home, including but not limited to mortgages, taxes, insurance, utilities, repairs and improvements associated with the upkeep. Husband shall indemnify Wife and hold her harmless for any claim made against her relative to the marital residence. Wife will execute all documents necessary to relinquish her interest in the property. Husband shall be responsible for payment of the fees associated with preparing a deed for the marital residence. Husband shall refinance the marital residence and thereby extinguish Wife's obligation on the marriage. b. PERSONAL PROPERTY. The Parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the marital home, except as stated herein. Wife shall receive her grandmother's rocking chair, which is still located at the marital residence. Further, Wife shall receive a total of 5 Seven Thousand ($7,000) Dollars, Five Thousand ($5,000) Dollars of which shall be payable at the time of executing this Agreement, and the remaining Two Thousand ($2,000) Dollars of which shall be payable within one year of the date of this Agreement. Except for the above-stated terms, neither Party shall make any claim to any such item of tangible personal property whether said items are marital property or said items are separate personal property of either Party. c. MOTOR VEHICLES. The Parties agree that the 2000 Dodge Neon shall become the sole and exclusive property of Wife. Wife shall indemnify Husband and hold him harmless for any claim made against him relative to the 2000 Dodge Neon. Husband will execute all documents necessary to relinquish his interest in the motor vehicle. The Parties agree that the 1986 Chevrolet Camaro shall become the sole and exclusive property of Husband. Husband shall indemnify Wife and hold her harmless for any claim made against her relative to the 1986 Chevrolet Camaro. Wife will execute all documents necessary to relinquish her interest in the motor vehicle. The Parties agree that the 1985 Honda Magnum shall become the sole and exclusive property of the Husband. Husband shall indemnify Wife and hold her harmless for any claim made against her relative to the 1985 Honda Magnum. Wife will execute all documents necessary to relinquish her interest in the motor vehicle. The Parties agree that the 1974 Dodge Charger shall become the sole and exclusive property of the Husband. Husband shall indemnify Wife and hold her harmless for any claim made against her relative to the 1986 Dodge Charger. Wife will execute all documents necessary to relinquish her interest in the motor vehicle. 6 d. EMPLOYMENT-RELATED BENEFITS. With regard to employment, both parties acknowledge that Husband has a pension. Wife shall be entitled to Twenty (20%) percent of Husband's pension. Wife's interest shall be from the value of Husband's pension at the date of this Agreement. The Parties agree to enter into a Qualified Domestic Relations Order (QDRO) at the earliest reasonable time in order for Wife to obtain her interest. Wife shall be responsible for the preparation of the QDRO to be acceptable by . tl Cu.~b~ CJ.I\ ~ l~1\G _ - t the Plan Administrator ofthe pension and the Court of Common Pleas of~lHn ~l-/'f' County. Both parties acknowledge that Wife does not have a pension. e. PERSONAL INJURY SETTLEMENT. The parties agree that the Wife relinquishes any and all interest she may have in Husband's Personal Injury Settlement. 11. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each Party may dispose of his or her property in any way, and each Party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allowance, widows allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other's estate, and who will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 7 12. BREACH. If either Party breaches any provision of this Agreement, the other Party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her, and the Party breaching this Contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions ofthis Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 15. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 16. INDEPENDENT SEP ARA TE 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 covenant and agreement. 8 ... " ", ' 17. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both Parties and each Party acknowledges that this Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above written. ~y~, Robert P. Kline, Esquire ~~/? 1J~tr76Jr"- (SEAL) Teresa R. Hartman, Plaintiff ,~ ~~-.:J~ ~__ (SEAL) Robert L. Hartman, Defendant Gerald S. Robinson, Esquire 9 c) C l-C" (IV "\1:" n-i ~ ~ ., (\ ;r /. "'.. ~ :) ;~~ : z >~ ~ I\J -. -r=- (]', -0 :s c ......) ;~ U\ ,1 =-<: TERESA R. HARTMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3845 CIVIL TERM ROBERT L. HARTMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2, Date and manner of service ofthe Complaint: Certified mail on June 28, 2001. 3. Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code: By Plaintiff: February 14,2003; By Defendant: February 25,2003. 4, Related claims pending: None. All related claims have been resolved pursuant to Marriage Settlement Agreement dated February 12,2003, which shall be incorporated by reference, but which shall not merge with the Divorce Decree entered in this matter. 5, Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code: Waiver of notice executed by Plaintiff on February 14, 2003 and by Defendant on February 25, 2003. Respectfully submitted, 5 )1{M. 'Z.c:o~ Date ~~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ..:;... ~~~.; ~;! .; ~t. ~t -'- __-l -< (") c o -', I c r"",.) fT\ -r:>. =:-~ --'- TERESA R. HARTMAN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 01- ?IlL./') CIVIL TERM ROBERT L. HARTMAN, Defendant : CIVIL ACTION - LAW : 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 will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, Pennsylvania 17013 (717) 249-3166 . , TERESA R. HARTMAN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO.Ol- 3Jl/~{~ CIVIL TERM ROBERT L. HARTMAN, Defendant : CIVIL ACTION - LA W : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is TERESA R. HARTMAN, an adult individual, currently residing at 202-R Summer Lane, East Pennsboro Township, Cumberland County, Pennsylvania. 2. Defendant is ROBERT L. HARTMAN, an adult individual, currently residing at 1 Bungalow Road, East Pennsboro Township, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on July 16, 1977 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens ofthe United States of America. . , 9. The parties have lived separate and apart since October 20, 2000 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff and Defendant are joint owners of various items of real and personal property, pension benefits, anticipated proceeds from a personal injury case, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully Submitted, G"6 ;r V iJE 2c10 I Date ?~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff . ' . . VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~/)U2 /6~' d&ul IQ;de ' cj;A~ I? /)ya~&.~'- TERESA R. HARTMAN z ~ 0 ~ r , 0 :\\- - - \ - ~ w ~ ~ ,J ~ l , r \ t: ~ o ~\Y\ ~ \ V):J N , V < Y1 ()1 v- g'~ 8, ~ Q $) ~ 0 ~ ~ t ~ ~9- ~ :;j 1: \ ~ -' ~+ _ ..J"o-.. , :t:- ~'< ::) . I,.. (<:l :?- " p t. c-: 2 " ) c , "I'"') ,', '-~ , ":.": ~:J -< ::::> Lv ..--..-----..-....-------.-- - TERESA R. HARTMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3845 CIVIL TERM ROBERT L. HARTMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDA VIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Complaint in Divorce filed in the above captioned case upon Defendant, Robert L. Hartman, by certified mail, return receipt requested on June 25,2001, addressed to: Robert L. Hartman 1 Bungalow Road Enola, P A 17025 and did thereafter receive same as evidenced by the attached Post Office receipt card dated June 28, 2001. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Gt CSL.l.l...- 'f ZOo l Date c I;?} ~~) ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff .. U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) -D LJ1 LJ1 ...-'l t:(J rr t:(J -D ~';'{1" Postage $ ':;U , ':/; Certified Fee : .:,":1 -D Return Receipt Fee CJ (Endorsement Required) CJ Restricted Delivery Fee CJ (Endorsement Required) ~ Total Postage & Fees $ $ / "1~: -'It .;) ru Name (Please Print Clearly) (To be completed by m rTI J).QJ?.~~:T.______~_:_____ld~_'I-~.0_~___m_________'h_'________"_' rr Street, Apt. No.; or PO Box No. rr I~LAI\l6ALow lZoA-O o ----------.-~~---.-...-...---..-----------------------------......---...-----------------------...........-.............. I"'- City, State, iNP+ 4 P A II 0 ~ <;:' - - .. ~ - - . SENDER: COMPLETE THIS SECTION . 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: D. Is delivery address different from item 1? If YES, enter delivery address below: D Agent D Addressee DYes D No ~7m4J SuA! 6A L...()cU R. D F )./ () L A fJ ,/.J- I 7 () 2- ~-- RObER.T L. / 3. Service Type ~ Certified Mail D Registered D Insured Mail D Express Mail D Return Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Copy from service label) 7ty7c:J 3-?...<o t:7tYt:J6 ~ j>;/~ /~T~ PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 c} o i' ~ ~. \IV o f'l }- ~ ~ ... TERESA R. HARTMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMB}<~RLAND COUNTY. PE1\INSYL VANIA v. : NO, 01-3845 CIVIL TERM ROBERT L. HARTMAN, Defendant : CIVIL ACTION - LA W : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 25, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. r consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNS WORN FALSIFICATION TO AUTHORITiES. _ -12/ !i-I/O.:J . Date c...--- ~ ---J-. UL{ ~ /r? /1-la~I/Ja ,rL- TERESA R. HARTMAN SSN: ,JrJ9- 'Y,--:J. -uO-':FY o oJ ~ ~ ... ("' I" ~ (") djJ ...::-- ..' ~h ~~ -, ~c_ ~~\;._. ~=::t~ ""'"- :~~ N ...c: v'\ "'b ~ (-.,",) c,'~, .-. ~ '1 .3 ... , . '" U1 -1.-. -<. TERESA R. HARTMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3845 CIVIL TERM ROBERT L. HARTMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVOR,CE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I VERIFY THAT THE STATEMENTS MADE IN 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. e:2/ I t.j /03 Date' , c:::......----- .- -- , '~~<J.<,,-/? I JJi')c~&l/r<- TERESA R. HARTMAN () \,oJ :~.... ~"'I'. ..-.-, [1-; ~ .~ Sl ~ :r ~'. q ~ )>.- 2'~~: ~ ~~~~: "'.'/ ~ N -4> V\ ~ Q ~" -< : ":/ c ;....J l:- U1 TERESA R. HARTMAN, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 01-3845 ROBERT L. HARTMAN, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on June 25, 2001, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. 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: J-- .;LS- ~03 tf~L.JJ. ~ _~ Robert L. Hartman 2-;SN: 198-44-8346 (') c.'": 0 c~ t ~-=-=: , ()J -r~ I rn I ) ",:.~.. ..-- ~ c/~) -. (. ~ ---:" i..__..- .... ::;. .~ ~ ~~; :"- ) > , -, " N -< (T". ~ ~ ~ J TERESA R. HARTMAN, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 01-3845 ROBERT L. HARTMAN, Defendant. CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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: ~ -- ~ ::>-/0 :3 ~~:1.- ~L.~.-.- Robert L. Hartman, Defendant 0 C1 a ~: w --;-1 ,. n', f1 .~ ;;::: - ~ - .~ l t ~:-^~ $) u;, r C '" r" (' '. ;5 ~-.-;; :::::" ~ I. (5"'\ ~; ,-., '- ,- ~ .... ~~i --t r.:- f'J -.( (JI -l=:. (\' -c 3 - " TERESA R. HARTMAN, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3845 CIVIL TERM ROBERT L. HARTMAN, Defendant. CIVIL ACTION PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Gerald S. Robinson, Esquire, on behalf of the Defendant in the above-captioned matter. Respectfully submitted, ROBINSON & GERALDO Date: July 30, 2001 o ~ <. -uC-c mrr 2::u "7"(' ti,,'; ~"',. ~C ;2:0 -=l.J J>C ~ c C-"l ~ ~ 1,\ ~~~: """"i :.n (~ TERESA R. HARTMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3845 CIVIL TERM ROBERT L. HARTMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE CENTR.\L PENNSYL VANIA TEAMSTERS RETIREMENT INCOME PLAN QUALIFIED DOMESTIC RELATIONS ORDER <J~) Qualified Domestic Relations Order is hereby entered: AND NOW, this IS" day of , 2004, the following I. Identifying Information. 1. The Participant is Robert L. Hartman. The Participant's social security number is 198-44-8346. The Participant's address is 1 Bungalow Road, Enola, P A 17025. The Participant's date of birth is November 13, 1956. 2. The Alternate Payee is Teresa R. Hartman. The Alternate Payee's social security number is 209-52-3054. The Alternate Payee's address is 131 Sunrise Drive, Middletown, PAl 7057. The Alternate Payee's date of birth is June 17, 1961. 3. The parties were married on July 16, 1977, separated on October, 20, 2000, and divorced on March 11, 2003. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4. This Order applies to benefits under the Central Pennsylvania Teamsters Retirement Income Plan. ,Z :~ uJ : '.~ ,., I ~ '\"\'"' L f'~7 ~'''\' 1':..) (\j II ~. ~.\ \ .:;.. .... 'J II. Method of Dividinl! Participant's Pension. 1. The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. The Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance as of February 12,2003. 2. The Fund shall separately account for the benefits awarded in Section II, Paragraph I, as soon as is administrable after this Order is determined to be a Qualified Domestic Relations Order. The Alternate Payee shall be credited with net income, loss or expense from the date set forth in Paragraph 1 above. 3. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 4. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund Office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5, The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan, For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Particpant attains age 50, or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. III. Other Provisions. 1. This Order is intended to constitute a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended, and Section 206( d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a Qualified Domestic Relations Order. 3. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. BY THE COURT: Ail 1. The entry of this Order is hereby consented to by the respective parties. i I cfll uf I ~ /? 1IcJ;/JihuA'''-- Teresa R. Hartman ~~- V'Robert P. Kline, Esquire Counsel for Teresa R. Hartman Date & (J~h-(l.J'( 2-00\.f- Date /-10 -0/ f~~.~i-~,,-~ Robert L. Hartm Date " II LP (oLj (~~ JGerald S. Robinson, Esquire Counsel for Robert L. Hartman Date !;? ~O'" 0\'\1.9 TERESA R, HARTMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 01-3845 CIVIL TERM ROBERT L. HARTMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE CENTRAL PENNSYL VANIA TEAMSTERS RETIREMENT INCOME PLAN AMENDED QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this , ,. day of "':1~ Qualified Domestic Relations Order is hereby entered: , 2004, the following l. Identifying Information. 1. The Participant is Robert L. Hartman. The Participant's social security number is 198-44-8346. The Participant's address is 1 Bungalow Road, Enola, P A 17025. The Participant's date of birth is November 13, 1956. 2. The Alternate Payee is Teresa R. Hartman. The Alternate Payee's social security number is 209-52-3054. The Alternate Payee's address is 131 Sunrise Drive, Middletown, P A 17057, The Alternate Payee's date of birth is June 17, 1961. 3. The parties were married on July 16, 1977, separated on October, 20, 2000, and divorced on March 11,2003. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4, This Order applies to benefits under the Central Pennsylvania Teamsters Retirement Income Plan. , _ ;It ~,JJj) r!-~~ 0 Y ~ VI;\;\//,;i /~,,~' '\: f"')~~1 d I f ~ In.~ r\ ("' "','. '::~_-__'.'.'lf"lJ'~!1"\ l\.....U\i i\)-',} '- ' ,", I V 28 =2 Hd 9- 83.:1 ~QOZ I U' 'I C'N")' ., f','.J I "'1' '1' JO /\u'QJ, 'i 'J, rl,.lV'.J'J :11'1 :. 381:1:10-0311:1 II. Method of Dividin2: Participant's Pension. 1. The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. The Alternate Payee shall receive a benefit equal to 20% of the Participant's vested account balance as of February 12,2003. 2. The Fund shall separately account for the benefits awarded in Section II, Paragraph 1, as soon as is administrable after this Order is determined to be a Qualified Domestic Relations Order. The Alternate Payee shall be credited with net income, loss or expense from the date set forth in Paragraph 1 above. 3. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 4. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund Office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Particpant attains age 50, or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. III. Other Provisions. 1, This Order is intended to constitute a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended, and Section 206( d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. ~ ' 2, The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a Qualified Domestic Relations Order. 3. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits, 4. This Court's prior Order of January 15, 2004, is hereby vacated, BY THE COURT: AA The entry of this Order is hereby consented to by the respective parties. / /;;J:/ar Date I ~4-A- .K /):..1 ?L""bi6ii /"- Teresa R. Hartman c"} )~ 2\kQ. Robert P. Kline, Esquire Counsel for Teresa R. Hartman 'Z ":? J.4(\. \ z.~'-{ Date .2... - :;J... . c;> y Date ~L 4-L Robert L. Hartman ~ ';}! 1),1 0 '-I ~15?Q~ Gerald S. Robinson, Esquire Counsel for Robert L. Hartman Date