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HomeMy WebLinkAbout06-0816 ELIZABETH A. HANAWALT, Plaintiff V. JOHN A. HANAWALT, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 -?!6 CIVIL TERM IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ELIZABETH A. HANAWALT, Plaintiff, V. JOHN A. HANAWALT, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 -oO(4 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO 'IONS 3301(C) AND (D OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Elizabeth A. Hanawalt, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, John A. Hanawalt, representing as follows: 1. The Plaintiff is Elizabeth A. Hanawalt, an adult individual residing at 1 South Enola Drive, Apartment #2, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is John A. Hanawalt, an adult individual currently residing at 110 East Columbia Road, Enola, Cumberland County, Pennsylvania 17025. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on April 17, 1982 in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT By: Supreme Court PQ. No. 25,A76 West Pomfret Pro ional uildin 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: FEBRUARY 9, 2006 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they 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.A. Section 4904, relating to unsworn falsification to authorities. ddtm?mWkj? ELI BETH A. HANAWALT Date: FEBRUARY 9, 2006 ELIZABETH A. HANAWALT, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006- CIVIL TERM JOHN A. HANAWALT Defendant. IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. 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. f I A ETH A. HANAWALT Date: FEBRUARY 9, 2006 m '? `? )..+ ? ? ? r? '? c__ T? _. V -*i r;,. c:? _? ? ., i:.- c-, _? ? _?? ELIZABETH A. HANAWALT, Plaintiff, V. CIVIL ACTION - LAW 2006 - 816 CIVIL TERM JOHN A. HANAWALT, Defendant. IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, John A. Hanawalt, on February 11, 2006, by certified, restricted delivery mail, addressed to him at 110 East Columbia Road, Enola, Pennsylvania 17025, with Return Receipt Number 7003 3110 0004 5770 7234. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the pens}ties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. / 4 A. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA III, ESQUIRE Date: February 13, 2006 M ru M1 17 171 M1 t.fl postage $ ced4fed Fee 0 ED MM Fee R E3 = (EndoMam Requked) r-1 M Total Postage 6 Fees mO s-O To MR JOHN A F- - rv BnaotltR'C}?EAST IUD ? 4???fQ `ia !9 ¦ Complete items 1, 2, and 3. Mao 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. i Attach this card to the back of the mailpiece, or on the front if space permits. V%Adicle Addressed to JOHN A HANAWALT EAST COLOMBIA ROAD ALA PA 17025 n o UN)'FO Sf p a v P b k b? ? N ? ? m dti o 't A X (Printed ? Agent C. Date of Delivery D. Is delivery address dilfere lfem 17 U yes if YES, enter delivery addz : No 3. Service Type 10 Certified Mail ? Express Mail ? Registered 54 Return Receipt for Merchandise ? Insured Mail M G O.D- 2. AracleNumher 7003 311 d0?4 577 7234 Mansfer horn swvbv laba7 PS Form 3811, February 2004 Domestic Return Receipt to25e5a2-M-1sa0 ??.? 1 ? . 11 ._i ? - T" _ _y"1 _ _?... _ S z'i II (., ?_ . i 4.? ' -; i .. ` `} ELIZABETH A. HANAWALT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2006 - 816 CIVIL TERM JOHN A. HANAWALT, Defendant. IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: JULY 18, 2007 Defendant N _ c?':. rah C-= Q .1 t. . 'TI ELIZABETH A. HANAWALT, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - 816 CIVIL TERM JOHN A. HANAWALT, Defendant. IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 9, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in 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. I verify that the statements made in this affidavit are true and correct. 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. Date: July 18, 2007 A ELI ETH A. HANAWALT Plaintiff C? ?='.'? n t' r ? # -_ r - ?a? c? = t-_ ,?,? ` . , _ V;, ; `>?,- _- ?' ?, ELIZABETH A. HANAWALT, Plaintiff, V. JOHN A. HANAWALT, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - 816 CIVIL TERM 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 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: July 18 , 2007 -- . L-4 A ELI ETH A. HANAWALT PI ' tiff c - -;I e) Q ELIZABETH A. HANAWALT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2006 - 816 CIVIL TERM JOHN A. HANAWALT, Defendant. IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 9, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in 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. I verify that the statements made in this affidavit are true and correct. 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. Date: July 18, 2007 YO kuI I JOHN A. HANAWALT Defendant t-o - r;-° a , C7 " ' r-17 .. ELIZABETH A. HANAWALT, Plaintiff, V. JOHN A. HANAWALT, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - 816 CIVIL TERM 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 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: July 18. 2007 Defendant 6 WALT N . CD N rt? 0 6 - rid MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this day of June, 2007 by and between ELIZABETH A. HANAWALT, (hereinafter referred to as "WIFE") and JOHN ALLEN HANAWALT, hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on April 17, 1982, in Dauphin County, Pennsylvania and separated on September 1, 2005. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may cant' on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and 2 assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair 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 effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The parties own real estate at 110 East Columbia Road, Enola, Cumberland County, Pennsylvania 17025. HUSBAND will pay to WIFE upon signing this Agreement the sum of $41,278.41. WIFE will convey her right, title and interest in the real estate to HUSBAND. 3 8. DEBTS: HUSBAND will be solely responsible for his own debts. WIFE will be solely responsible for her debts. HUSBAND will indemnify and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible and will indemnify and hold harmless HUSBAND from any claim made against him related to her debts. 9. SPOUSAL SUPPORT: The parties agree to waive any spousal support or alimony after the divorce becomes final. 10. PERSONAL PROPERTY: The parties agree to the following division: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any life insurance policy; and d. His employee benefits including his 401(k) plans at RW Wallace, Inc. WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts; C. Any life insurance policy; d. Her employee benefits; e. Two canoes and equipment; 4 f. All of the camping equipment; g. Card table and photographs; h. Above ground swimming pool, parts, accessories, filtration system and solar heater; and i. All of Husband's IRA accounts at American Express are to be transferred to Wife pursuant to a Qualified Domestic Relations Order. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 11. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the automobiles in possession of the WIFE. HUSBAND agrees to sign the title of the 1999 Saturn to WIFE. b. WIFE agrees to waive any and all interest which she may have in the automobiles in possession of the HUSBAND. They each waive any claim which they have in any automobile owned by the other party. 5 12. INSURANCE, EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party should 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 available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 6 16. INCOME TAX EXEMPTIONS: JEREMY ADAM HANAWALT will be the income tax exemption for HUSBAND unless HUSBAND transfers custody of JEREMY ADAM HANAWALT to WIFE. DANIEL CHARLES HANAWALT, will be the income tax exemption of WIFE who will use him as an income tax exemption on her Federal income tax returns filed each year. 17. CHILD SUPPORT: HUSBAND agrees to pay to WIFE the sum Three Hundred and no/100 ($300.00) per month as child support for DANIEL CHARLES HANAWALT. If HUSBAND fails to pay said monthly child support to WIFE, she may enter this support order at Domestic Relations and seek a modification of support if it is appropriate based on the then current income of the parties. 18. WAIVER OF ALIMONY, SUPPORT AND ALIMONY PENDENTE LITE: The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided herein, during the pendency of or as result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 19. REPRESENTATION AS TO NO DEBTS: The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 20. AMERICAN EXPRESS INDIVIDUAL RETIREMENT ACCOUNTS: The parties acknowledge that each of them has an individual retirement account with American Express. The parties will divide and distribute those accounts as follows: A. HUSBAND shall, promptly after the execution of this Agreement transfer from his account into WIFE'S account, in the form of a tax-free rollover assets having a value of $11,268.18. In the event that a court order is required to make the transfer without tax consequences, HUSBAND will obtain such order and will pay the costs of obtaining and implementing that order. B. After the transfer from HUSBAND'S account to WIFE'S account, each of the parties will own their own individual retirement account free of any further claim by or interest of the other. 21. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 9 23. 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. 24. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 25. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 26. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 27. WAIVER OF CLAIMS AGAINST ESTATES: 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 have 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, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as 10 administrator or executor of the other's estate, and each 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. 4t??? (SEAL) A HAOJ /? / EL ETH A. HANAWALT n v f&hz// (SEAL) ?OHN A. HANAWALT II COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this _a? day of June, 2007, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, ELIZABETH A. HANAWALT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMQNWk'i'1Li1 j F PEN 8YU~ Ni74" Sod Mog- L Noel, Nofary PWk come am cw beflord County ILI My Conrrimom E*ku Sept A 2007 Member, Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this day of June, 2007, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, JOHN A. HANAWALT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Emsm'020-w-?JC oif+ wa si~r 12 t`? ? C7 c: ? -?? __ ;? - . ?_ M.t r; , `.j ?; Ci tt) .?''1 "+7 ??; •-< ELIZABETH A. HANAWALT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2006 - 816 CIVIL TERM JOHN A. HANAWALT, Defendant. IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD 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) and or (d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, John A. Hanawalt, on February 11, 2006, by certified, restricted delivery mail, addressed to him at 110 East Columbia Road, Enola, Pennsylvania, 17025, with Return Receipt Number 7003 3110 0004 5770 7234. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff: July 18, 2007; by defendant: July 18, 2007. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 20, 2007. Date defendant's Waiver of Notice in Section 3301(c) DivWe was fij with the Prothonotary: July 20, 2007. Date: July 20, 2007 t? "P? i°i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF U PENNA. w ELIZABETH A. HANAWALT PLAINTIFF No. 2006 - 816 CIVIL TERM VERSUS JOHN A. HANAWALT. DEFENDANT DECREE IN DIVORCE AND NOW, , %A j IT IS ORDERED AND DECREED THAT ELIZABETH A. HANAWALT , PLAINTIFF, AND JOHN A. HANAWALT DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement Agreement dated June 19, 2007 and signed by the parties is hereby incorporated into this Divorce Decree, but not merged. BY THE COURT: N?N -k"- ?AA\ ATTEST: ^ J. PROTHONOTARY -Yvw A- ELIZABETH A. HANAWALT, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW JOHN A. HANAWALT, ) Defendant ) NO. 2006-816 CIVIL TERM MOTION FOR ENTRY OF THREE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW come the above-named parties, by their counsel who execute this Motion on their behalf, and moves the court to answer the three attached Qualified Domestic Relations Order to distribute three tax-deferred accounts and assets held by the parties in accordance with the terms of the Property Settlement Agreement previously executed by the parties. Marcus fight, Attornev or Plaintiff ?I L. Andes Attorney for Defendant p 1 ?.`' f d t r,. -f. r. r . tl 02 wr?v l?l v Elizabeth A. Hanawalt PLAINTIFF VS. John A. Hanawalt DEFENDANT AUG 212007e? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 2006-816-Civil TERM QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this -1 day of v -) >? _, 20 01 , the parties, Elizabeth A. Hanawalt, Plaintiff, and John A. Hanawalt, Defendant, do hereby Agree and Stipulate as follows: 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. The Defendant, John A. Hanawalt, (hereinafter referred to as "Participant") has in effect the following Individual Retirement Account with Ameriprise Financial: Roth Individual Retirement Account for John A. Hanawalt held in Account No. 0010 1316 6734 6 002. 3. Participant's date of birth is December 27, 1949, and his Social Security number is 197-40-6690. 4. The Plaintiff, Elizabeth A. Hanawalt, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is September 11, 1959, and her Social Security number is 179-50-6512. 5. Participant's last known mailing address is: John A. Hanawalt 110 East Columbia Road Enola, PA 17025 rr QDRO Page 2 6. The Alternate Payee's current mailing address is: Elizabeth A. Hanawalt 1 South Enola Drive Enola, PA 17025 7. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: a. The IRA with Ameriprise Financial referenced in Paragraph 2 is marital property. b. That subject to the finalization of the divorce and the execution of the documents required by Ameriprise Financial, the following amounts shall be awarded to the Alternate Payee: 100% of the value of the account as of the date of distribution c. The amount designated in Paragraph 7(b) shall be paid directly into the following Individual Retirement Account: Roth Individual Retirement Account for Benefit of Elizabeth A. Hanawalt Account No. 0010 1316 5815 4 002 Ameriprise Financial 70100 Ameriprise Financial Center Minneapolis, MN 55474-0597 d. The parties are directed to timely submit all documents that are required to finalize this Order. QDRO Page 3 8. This Court reserves jurisdiction to issue further orders as needed to execute this Order. Ordered this W-day of _ J`t J h? 3 ?.Ofl? . BY THE COURT: Judge CONSENT TO ORDER: FL",?A, 9,Z,.4a V Plainti Alternate Payee Date Def dant/Participant Date rney for efendant/ Date Participant tr" -rf L w 0 -1 • Elizabeth A. Hanawalt PLAINTIFF VS. John A. Hanawalt DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 2006-816-Civil TERM QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of A , 20 0 , the parties, Elizabeth A. Hanawalt, Plaintiff, and John A. Hanawalt, Defendant, do hereby Agree and Stipulate as follows: 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. The Defendant, John A. Hanawalt (hereinafter referred to as "Participant") has in effect the following Individual Retirement Account with Ameriprise Financial: Roth Individual Retirement Account for John A. Hanawalt held in Account No. 0010 1331 3308 1 002 3. Participant's date of birth is December 27, 1949, and his Social Security number is 197-40-6690. 4. The Plaintiff, Elizabeth A. Hanawalt, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is September 11, 1959, and her Social Security number is 179-50-6512. 5. Participant's last known mailing address is: 110 East Columbia Road Enola, PA 17025 QDRO Page 2 6. Alternate Payee's current mailing address is: 1 South Enola Drive Enola, PA 17025 7. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: a. The IRA with Ameriprise Financial referenced in Paragraph 2 is marital property. b. That subject to the finalization of the divorce and the execution of the documents required by Ameriprise Financial, the following amount shall be awarded to the Alternate Payee: 100% of the value of the account as of the date of distribution. C. The amount designated in Paragraph 7(b) shall be paid directly into the following Individual Retirement Account: Roth Individual Retirement Account for Benefit of Elizabeth A. Hanawalt Account Number 0010 1329 9977 1 002 Ameriprise Financial 70100 Ameriprise Financial Center Minneapolis, MN 55474-0507 d. The parties are directed to timely submit all documents that are required to finalize this Order. QDRO Page 3 8. This Court reserves jurisdiction to issue further orders as needed to execute this Order. Ordered this day of _ y 3 -Lob, CONSENT TO ORDER: X ??7 D endantlParticipant Date S Q ey for ndant/ Date Participant BY THE COURT: Plainti Alternate Payee Date ?"I ? K- ..._ . ?"a '?- ? a ?' _a ? ?? ? ? r r Elizabeth A. Hanawalt PLAINTIFF VS. John A. Hanawalt . DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW INDIVORCE NO. 2006-816-Civil TERM QUALIFIED DOMESTIC RELATIONS ORDER b AND NOW, this Z-? day of , 20 07 , the parties, Elizabeth A. Hanawalt, Plaintiff, and John A. Hanawalt, Defendant, do hereby Agree and Stipulate as follows: 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. The Defendant, John A. Hanawalt, (hereinafter referred to as "Participant") has in effect the following Individual Retirement Account with Ameriprise Financial: Individual Retirement Account for John A. Hanawalt held in Account No. 0000 1516 0187 9 021 3. Participant's date of birth is December 27, 1949, and his Social Security number is 197-40-6690. 4. The Plaintiff, Elizabeth A. Hanawalt, (hereinafter referred to as "Alternate 10 Payee") is the former spouse of Member. Alternate Payee's date of birth is September 11, 1959, and her Social Security number is 179-50-6512. QDRO Page 2 5. Participant's last known mailing address is: John A. Hanawalt 110 East Columbia Road Enola, PA 17025 6. The Alternate Payee's current mailing address is: Elizabeth A. Hanawalt 1 South Enola Drive Enola, PA 17025 7. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: a. The IRA with Ameriprise Financial referenced in Paragraph 2 is marital property. b. That. subject to the finalization of the divorce and the execution of the documents required by Ameriprise Financial, the following amounts shall be awarded to the Alternate Payee: 100% of the value of the account as of the date of distribution c. The amount designated in Paragraph 7(b) shall be paid directly into the following Individual Retirement Account: Individual Retirement Account for Benefit of Elizabeth A. Hanawalt Account No. 4Y3D-OJAL 03 d. The parties are directed to timely submit all documents that are required to finalize this Order. QDRO Page 3 8. This Court reserves jurisdiction to issue further orders as needed to execute this Order. a Ordered this ?.?•h day of t?.> No CONSENT TO ORDER: BY THE COURT: ?*, -? A! Nudge It, ?--off 'I ) ( q, D endantfParticipant Date 4Aeyv 4for&andantilf Da-td Participant "A' - A 96,67 Plaint' Alternate Payee Date 'M :01 1 ? ZZ 101V LC5l -111i jo -TIJ