HomeMy WebLinkAbout95-06031
section
1. Divorce and separation .
2. Division of property
3. 1996 Income Tax Arrangements
4. Additional Documentation.
5. Transfers subject to Existing Liens
6. Representations and Warranties
7. Equitable Division.
8. Relinquishment of Rights
9. After-Acquired Property
10. Liabilities
11.
12.
13.
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Counsel Fees, costs, and Expenses
Alimony
Tax Ramifications of Alimony
Non-Modification of Alimony
Life Insurance
Full Disclosure
Releases .
Indemnification
General provisions
Fair and Equitable contents
Breach .
Execution of Documents
Modification
Applicable Law
Agreement Not to be Merged
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4 119. 1-41M1""" _ ..._,\vIAIol IWII1lI91 Hire
MARRIAGE SETTLEMENT AGREEMENT
. t~
ACJ......1I'1' MAD. this I:. day of Af'f.ll , 1997,
by and between Sandra H. Hafer ("Wife") - AND - Joseph P. Hafer
("Husband"), at Harrisburg, Pennsylvania.
WH....., the parties hereto are husband and wife having been
married on June 29, 1963, at Harrisburg, Pennsylvania.
WH....., three (3) children were born of this marriage; said
children being: Bradford G. Hafer, date of birth, April 29, 1965;
Susan P. Hafer, date of birth, March 16, 196B; David E. Hafer, date of
birth, February 7, 1970.
WH..BA8, diverse unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Wife and
Husband to live separate and apart for the rest of their natural
lives, and the parties desire to settle fully and finally their
respective financial and property rights and obligations as between
each other inclUding, without limitation by specification: settling
of all matters between them relating to the ownership and equitable
distribution of real and personal property; settling of all matters
between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or of Husband by Wife; and in
general, the settling of any and all claims and possible claims by one
against the other or against their respective estates.
NOW, THEREroRE, in consideration of the foregoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledqed by each of the parties, Wife IInd Ilusbllnd, onch
intendinq to be leqally bound hereby, covenant nnd IIgree ns folloWSl
1. Divorce and SaDeration. 1'he partios agree to \:he en\:ry of a
decree in divorce pursuant to section 3301(c) at the nivoroo Codo at
1980. Husband and Wife shall at all timos hereafter havo the right to
live separate and apart from each other and to reside from tlmo to
time at such place or places as they shall rospoctlvely doem fit, froe
from any control, restraint, or interferenco whatso~ver by the other.
Neither party shhll molest the other or endeavor to compo 1 the other
to cohabit or dwell with him or her by any leg/ll or other proceedlnqs.
The foreqoinq provision shall not be tllken to be an admission on the
part of either Husband or Wife of the lawfulnoss or unlnwfulnoss of
the causes leadinq to their living apart.
This Aqreement is not predicated on divorce. It Is specifioally
understood and agreed by and between the parties hereto and each of
the said parties does hereby warrant /lnd represent to the other that
the execution and delivery of this Agreement Is not predicated upon
nor made subject to any agreement for Institution, prosecution,
dSfense, or for ths non-prosecution or nOll-defense of any action for
divorce, provided, however, that nothlnCj cont:nined in this Agreement
shall prevent or preolude either of \:ho pnrtloo heroto from
commenoing, instituting or proBocut:ll1Cj nny llction or notions for
divorce, whether absolute or othe/'wlno, upon juot, lognl nnd proper
ground, nor to prevent either pnrty from dolo/\lllo<) nny SUch action
which has been, mayor shllll bo Instl\:utlld by \:ho othor party, or from
making any just or propor dolonoo thorolo. It 10 wnrrnnted,
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covenanted, and represented by Husband and Wife, each to the other
that this Agreement is lawful and enforceable and this warranty,
covenant and representation is made for the specific purpose of
inducing Husband and Wife to execute the Agreement. Husband and Wife
each knowingly and understandingly hereby waive any and all possible
claims that this Agreement is, for any reason, illegal, or
unenforceable in whole or in part. Husband and Wife do each hereby
warrant, covenant and agree that, in any possible event, he and she
are and shall forever be estopped from any illegality or
unenforceability as to all or any part of this Agreement.
The parties acknowledge that a divorce action has been filed in
the Court of Common Pleas of Cumberland County, Pennsylvania at docket
number 95-6031. The parties agree that they will execute Affidavits
of Consent in the aforementioned matter.
2. Dlvl.loD of PrODertv. Husband and Wife agree that the
following constitutes an equitable distribution of the marital
property.
A. Hu.band'. ProDartv. The following property shall
become the sole and exclusive property of Husband I
(1) cayman Condominium, Island House 114, cayman Kai, Grand
cayman Island.
(a) Husband will permit Wife to have use of the Cayman
condominium for four weeks each year. Only two of these
weeks may be used between December 15 and April 15. Wife
must give Husband 60 days notiee if she chooses weeks within
this time period. The remaining two weeks must be between
April 16 and December 14. Wife must give Husband 30 days
notice if ahe chooses weeks within this time period. If
Husband should sell the cayman condominium, paragraph 12(d)
herein shall take effect.
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(2) All right, title and interest in Ted E Doars, Inc.
subjeot to the eKisting liens and obligationsl
(3) All right, title and interost in 5 P Assets, Ino.
subjeot to the eKisting liens and obligationsl
(4) All right, title and interost in Partner's 5 subject to
the existing liens and obligationsl
(5) All right, title and interest in Al E Gators, Inc.
subject to the oKisting liens and obligations I
(6) All right, titl. and intoroot in Tri-County Investors
subject to the eKisting lions and obligationsl
(7) All right, title 1I1111 intornat In 'I'homas, Thomas' Hafer
subject to the existing lions and obllgationsl
(8) Husband's ROYLO ValUe t'lInd IRA, account no. 2982619;
(9) Husband's PrUdential Geeurities IRA, account no. 044-
905094-181
(10) All jointly titled mlltUlI1 funds and stooks inclUding
but not limited tOl
(a) Royce Funds account no. 1299;
(11) All Vanguard accountsl
(a)
(b)
(c)
(d)
(12) All
(13) DahncQ of ltusllllnd's 'l'hamRs, 'I'homas , Hafer Keogh Plan
fOllowing the dlstl'lbut:lon to Wife liD set forth in Paragraph
2.0(6) below/
(14) New ~nglllnd Life Insurllnce Policy No. 06963799 together
with any accumulatod clIDh Vllluo/
(15) New England Lifo InDurllnce Policy No. 08307384 together
with any accumulatod cash value;
Account no. 970229'11160/
Account no. 97061934361
Account no. 9057496/1041
Account no. 9702265625.
A,'nold InduotrloD otock/
(16) Pennsylvllnlll Oar ADOOcllltlon Group Term Life Insurance
PolicYI
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.'
(17) Thomas, Thomas' Hafer Group Term Life Insurance
Policy;
(18) Lionel train collection, personal clothing, and any
other items as the parties shall mutually agree.
8. Wif.'. proa.rty. The following property shall
become the sole and exclusive property of Wife:
(1) Residence at 235 East Lauer Lane, Camp Hill,
PennsYlvania; subject to the existing liens and obligations.
Wife shall use her best efforts to obtain a release of liability
for Husband for the mortgage at York Federal Savings & Loan.
(2) All the furniture and tangible personal property in the
home located at 235 East Lauer Lane, Camp Hill, Pennsylvania with
the exception of those items listed above in subparagraph 18 and
any other items as the parties shall agree upon.
(3) Royce Funds IRA, account no. 298261A;
(4) Prudential Bache IRA, account no. 044-905108-18;
(5) New England Life Insurance Policy No. 06204111;
(6) The sum of $475,000.00 shall be transferred to Wife
from Thomas, Thomas' Hafer's Keogh Plan by means of a qualified
domestic relations order or other appropriate procedure. All
necessary documents will be drafted by counsel for Husband.
(7) All interest in River Valley Stock Club;
(8) Wife hereby acknowledges that the proceeds from the
sale of a jointly owned real estate lot in the Cayman Islands
have already been transferred to her in the amount of $300/000.
3. 1... Inco.. T.x Arrana...nt.. The parties agree to jointly
file federal, state and local income tax returns for the tax year
1996. The 1996 tax liability/refund shall be paid/divided between the
parties as follows: Wife shall be credited for all taxes withheld from
employment earnings. Earnings on proceeds from the sale of the cayman
lot paid to Wife shall be income for which she shall be responsible to
pay the taxes required. Husband shall be responsible for the balance
of the 1996 tax liability. In the event there is a tax refund, Wife
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shall be entitled to the amount she would have received had she filed
a separate return.
.. Additional Doaua.ntation. The parties agree to execute any
deeds, assignments, titles or other instruments necessary and
appropriate to accomplish the aforesaid division of property.
5. Tran.f.r. .ubi.at to Ixi.tinQ Li.n.. Notwithstanding any
other provisions in this document all property transferred hereunder
is subject to the existing lien or liens set forth above. The
respective transferee of such property agrees to indemnify and save
harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or
encumbrance.
I. ..Dr...ntation. .nd Warr.nti... The parties represent and
warrant to each other that the property described in this Agreement
represents all of the property in which they have any right, title and
interest, and that such property is subject to no mortgage, pledge,
lien, security interest, encumbrance or charge except those Which are
disclosed herein.
7. IQuitabl. Divi.ion. By this Agreement the parties havs
intended to effect an equitable division of their jointly owned
property. The parties have determined that an equitable division of
such property conforms to a just and right standard, with due regard
to the rights of each party. The division of existing marital
property is not intended by the parties to constitute in any way a
sale or exchange of assets, and the division is being effected without
the introduction of outside funds or other property not constituting a
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part of the marital estate. It is the intention of the parties to
treat all transfers herein as non-taxable. With specific refercnce to
the transfer to Wife referred to in Paragraph 2.8. (6), it is
understood and agreed that this Aqreement has been negotiated and
executed under the assumption that said monies will be transferrcd
either to a separate account for her within the Thomas, Thomas & Hafer
Keogh plan or to a new or existing Individual Retirement Account
("IRA") as she may direct, and that Husband represents and warrants
that any such transfer shall not be sUbject to imposition of any
income tax under existing state law or the Internal Revenue Code or
regulations. In the event any such tax is imposed upon the funds so
transferred, same shall be the sole and exclusive obligation of
Husband. Husband shall have the right to contest the validity or
imposition of any such taxes, either state, local or federal, and Wife
shall provide him immediately with notice of any claim for any such
taxes. Any such contest will be at the sole expense of Husband, but
Wife agrees to cooperate in a reasonable manner with respect to any
proceeding instituted by Husband. It is understood and agreed further
that this representation does not cxtend to withdrawal of monies by
Wife from either the separate account in the Thomas, Thomas & Hafer
Keogh plan to which these monies will be transferred, or to an IRA.
B. RIlinaui.halnt of Riaht.. Except as expressly provided
herein, Husband forever relinquishes any right, title or interest he
may now or hereafter havc in any tangible or intangible asscts now
belonging to Wifc. Exccpt as expressly provided herein, Wife forcver
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relinquishes any ri9ht, title or interest she may now or hereafter
have in any tanCJible or intan9ible assets now belon9in9 to Ilusband.
.. Aft.r-Aaauir.4 proD.rty. Each of the parties shall
hereafter own and enjoy independently of any claim or ri9ht of the
other, all items of property, be they real, personal or mixed,
tan9ible or intanCJible, which are hereafter acquired by him or her,
with full power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes as though he or she
were untnarr ied.
10. Liabiliti... All debts, contracts, obligations or
liabilities incurred at any time in the past or future by either party
will be paid promptly by said party, unless and except as otherwise
8peoific~lly set forth in this A9reement; and each of the parties
hereto further promises, covenants and agrees that each will now and
at all times hereafter save harmless and keep the other or his or her
estate indemnified and save harmless from all debts or liabilities
incurred by him or her, as the case may be, and from all actions,
olaims and demands whatsoever with respect thereto, and from all
costs, legal or otherwise, and counsel fees whatsoever pertaining to
such actions, claims and demands. Neither party shall, as of the date
of this Agreement, contract nor ineur any debt or liability for which
the other or his or her property may be responsible, and shall
indemnifY and save harmless the other from any and all claims or
demands made against him or her by reason of debts or obligations
incurred by him or her and from all expenses, legal costs, and counsel
fees unless provided to the contrary heroin.
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11. COUD..l r.... Co.t. aDd BxD.n.... Each party shall be
responsible for his or her own legal fees, costs and expenses incurred
in connection with their separation and/or the dissolution of their
marriage.
12. Ali.ODV. (a) Husband shall pay to Wife the sum of Fifteen
Thousand ($15,000.00) Dollars per year for her separate support and
maintenance for a period of seven years or until his death, her death
or her remarriage or cohabitation as defined in this Agreement,
whichever shall first occur. It is the intention of the parties that
cohabitation shall be defined as continuous shared residence with an
unrelated male person on a conjugal basis for a period in excess of 60
days subsequent to April 15, 1999.
Alimony payments will be made quarterly, on or about January 15,
April 15, July and October 15 each year. Wife acknowledges receipt of
the first quarterly payment for 1997. Wife also acknowledges receipt
of the sum of $2,000 which shall be considered alimony over and above
that provided for herein in 1997.
(b) Husband will pay Wife's health insurance premiums. Wife's
premiums will be paid directly by Husband to the health insurance
carrier. The payments for health insurance premiums will be alimony
in addition to the above referenced yearly payments of $15,000.
Husband shall be responsible for the payment of Wife's health
insurance premiums until such time as Wife obtains employment which
provides insurance coverage, Wife remarries or cohabitates as defined
in this Agreement, Husband's death, Wife's death, or for a psriod of
seven years whichever shall occur first.
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(c) In the event Husband sells the condominium in the cayman
Islands, he shall pay Wife an additional sum of $2,000.00 per year as
alimony so that Wife is able to make alternative vacation
accommodations in the cayman Islands in any given year until 2003.
Husband will not pay additional alimony per this paragraph beyond the
year 2003, either parties' death or Wife's remarriage or cohabitation,
as defined in this Agreement.
13. T.. a..ific.tion. of Alimony.
(a) The parties agree that the entire amount being paid to Wife
pursuant to paragraph 12 is a separate maintenance periodic payment,
included and intended to be included with the income of Wife within
the meaning and intent of section 71 of the united States Internal
Revenue Code of 1954 and deductible from the Husband's gross income
pursuant to the provisions of section 215 of the United states
Internal Revenue Code of 1954. Wife agrees that all said payments
shall be included as income to the Wife in her applicable tax returns
and that she shall pay such taxes as may be required by reason of such
inclusion.
(b) This Agreement has been negotiated and executed under the
assumption that the payments for alimony to Wife shall be deductible
by Husband.
14. Mon-Modification of Alimony. The parties agree that the
alimony provision takss into account the parties' overall economic
circumstances including the equitable distribution of property herein
and so shall not be subject to modification by any court.
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15. Lira In.uranca. Husband agrees to name Wife as irrevocable
beneficiary on a policy or policies (hereinafter policies) of life
insurance on his life sUfficient to pay his alimony obligations
outstanding under the terms of this Agreement. As of the date this
Agreement is signed, Husband's obligation is estimated at $140,000.
Husband will have the option to obtain decreasing term insurance or
change policies as long as he maintains insurance sufficient to pay
his obligation at any given time. Husband will pay the premiums and
maintain said policies so long as he is obligated to pay any alimony
pursuant to this Agreement, after which time he may designate anyone
he desires as beneficiary. In performance of his obligations under
this paragraph, Husband shall do the following:
(a) simultaneously with the execution of this Agreement, Husband
shall designate Wife as the primary beneficiary of the proceeds of the
said policy or policies in accordance with the terms and provisions
set forth herein.
(b) Husband shall at all times keep the aforementioned policies
in full force and effect and shall promptly pay any and all dues,
premiums and assessments thereon. Husband, further, shall not borrow
against, pledge or encumber said policies.
(c) Within 30 days of the execution of this Agreement, Husband
shall provide proof satisfactory to Wife that he has taken all steps
necessary to cause the insurance company issuing the aforementioned
insurance policies to forward duplicate premium receipts to Wife if
obtainable. In any event Wife shall be provided with notice before
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cancellation of said policies for failure to pay premiums. Husband
shall also deposit with Wife copies of said policies.
(d) If Husband shall default in the payment of any dues,
premiums or assessments on the aforementioned policies, Wife shall
have the option, but not the obligation, to pay the same. In the
event that Wife elects to make such payments, Husband shall forthwith
become liable to her for the aggregate of such payments made by the
Wife, plus interest.
(e) If the aforementioned life insurance policies are not in
full force and effect at the time of Husband's death, or, if for any
reason Wife does not receive the proceeds thereof that she is entitled
to under this paragraph, then Wife shall have a creditor's claim
against Husband's estate in an amount equal to the insurance proceeds
she should have received under the provisions of this paragraph. Wife
shall also have a creditor's claim against Husband's estate in an
amount equal to the amount of alimony due hereunder, to the extent
that same is in excess of any insurance monies received.
(g) NotWithstanding any other provision of this lIgreement, it is
understood and agreed by and between the parties that any insurance
proceeds payable in the event of Husband's death in excess of the
amount of alimony owing at the time of Husband's death shall be
payable to SUch beneficiary or beneficiariee as Ilusband might select.
16. Full Disclosure. 1'he respective parties do hereby warrant,
represent and declare and do acknowledge and agreo that each is and
has been fully and completely informed of and is familiar with and
cognizant of the assets, real and/or personal property, estate,
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earnings and incomu of the other and that each has made a full and
complete disclosure to the other of his or her entire assets and
liabilities and any further enumeration or statement thereof in this
Agreement is speoifically waived.
17. ..1...... Each party does hereby remise, release, quitclaim
and forever discharge the other and the estate of the other from any
and every claim that each other may now have, or hereafter have or can
have at any time, against the other, or in and to or against the
other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities or the other, or by way of dower
or claim in the nature of dower, widow's rights, or under the
intestate laws, or the right to take against each other's will, or for
support or maintenance, or of any other nature whatsoever, except any
rights acoruing under this Agreement.
Husband affirmatively asserts that Wife has no knowledge or
responsibility with respect to the various businesses and partnerships
in which he alone or together with Wife held interests, said
businesses and partnerships being referred to in Paragraph 2.A (2,3,
4,5,6,7,8,9,10,11 and 12). Husband warrants that he will represent
the same and support any assertion by Wife in any proceeding before
the Internal Revenue Service or any other federal tax agency or court
that she is an "innocent spouse" under section 6013(e) of the Internal
Revenue Code or any similar provision of the then applicable statutes.
In any event, Husband agrees that he shall indemnify and hold Wife
harmless from any tax liability, including attorney fees and expenses,
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penalties and interest, resulting from investment in or operation of
said businesses and partnerships.
11. IDd..nificatioD. Each party represents and warrants to the
other that he or she has not incurred any debt, obligation, or other
liability, other than described in this Agreement, on which the other
party is or may be liable. Each party covenants and agrees that if
any claim, action or proceeding is hereinafter initiated seeking to
hold the other party liable for any other debts, obligations,
liability, act or omission of such party, such party will at his or
her sole expense, defend the other against any such claim or demand,
whether or not well-founded, and that he or she will indemnify and
hold harmless the other party in respect of all damages as resulting
therefrom. Damages as used herein shall include any claim, action,
demand, loss, cost, expense, penalty, and other damage, including
without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in
opposing the imposition thereof or enforcing this indemnity, resulting
to Husband or Wife from any inaccurate representation made by or on
behalf of either Husband or Wife to the other in this Agreement, any
breach of any of the warranties made by Husband or Wife in this
Agreement, or breach or default in performance by Husband or Wife of
any of the obligations to be performed by such party hereunder. The
Husband or Wife agrees to give the other prompt written notice of any
litigation threatened or instituted against either party which might
constitute the basis for a claim for indemnity pursuant to the terms
of this Agreement.
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1.. aaDaral ProviaioD.. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth
herein.
10. Wair aDd lauitabla CODtaDt.. The provisions of this
Agreement and their legal effect have been fully explained to the
parties by their respective counsel. Each party acknowledges that he
or she has received independent legal advice from couneel of his or
her eelection and that each fully understands the facts and has been
fully informed as to hie or her legal rights and obligations. Each
party acknowledges and accepts that this Agreement is, under the
circumstances, faJr 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.
Ii. Braaob. It is expressly stipulated that if either party
fails in the due performance of any of his or her material obligations
under this Agreement, the other party shall have the right, at his or
her election, to sue for damages for breach thereof, to sue for
speoific performance, to rescind this Agreement, or to seek any other
legal remedies as may be available, and the defaulting party shall pay
the reasonable legal fees for any services rendered by the
non-defaultJng party's attorney in any action or proceeding to compel
performance hereunder.
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II. ...oution of Docua.nt.. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out
the provisions of this Agreement.
13. Modification. No modification, rescission or amendment to
this Agreement shall be effective unless in writing signed by each of
the parties hereto.
It. ADDlicabl. Law. This Agreement shall be construed under the
laws of the commonwealth of Pennsylvania.
15. Aar....nt Mot to b. N.ra.d. This Agreement may be filed
with the court for incorporation into the Decree of Divorce for
purposes of enforcement only, but otherwise shall not be merged into
said Decree. The parties shall have the right to enforce this
Agreement under the Divorce Code of 1980, as amended, and in addition,
shall retain any remedies in law or in equity under this Agreement as
an independent contract. Such remedies in law or equity are
specificallY not waived or released.
1M WITNEBB WHEREOr, the parties hereto have set their hands and
seals the day and year first above written.
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JOSBPH P. HAro, , IN THI COURT OF COMMON PLEAS
PLAINTIFF , CUMBERLAND COUNTY, PENNSYLVANIA
,
v. , NO. !I5-6031
,
SANDRA M. HAro, I
DIFENOANT , CIVIL ACTION - DIVORCE
PRAECIPE TO TRANSMIT RECORD
'1'0 'l'III ..O'I'IIOIIO'I'UYI
Tran..it tha racord, toqathar with the following infor..tion, to
tha Court for entry of a divorca dacreal
1. Ground for divoroe, Irratriavable braakdown undar
saotion 3301(c) of the Divorca Coda,
I. Date and .annar of .ervica of the Co.plaintl October 20,
19951 U.S. Nail, fir.t cla.., cartified.
I. Date of execution of the Affidavit of Con.ant raquirad by
seotion 3301(c) of the Dlvorca Code, by Plaintiff on April 17, 19971
and by Defandant on April 21, 1997.
t. Ralated clai.. pandin91 Nona
.IIIOIL,
Oatel May 8, 1997
BYI .J
La oy S. 9a ,
1.0. 109617
Ann V, Lavin, I.quira
1.0. 170259
2917 North Front streat
Harri.bur9, PA 17110-1223
(717) 234-2401
Attorney. for Plaintiff
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JOSEPH P. HAFER, I IN TilE COURT OF COMMON PLEAS
PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO, qr CeO '3 I (" 'r.
I ) . _l.U-'-"V e,-,t.,
SANDRA M. HAFER, I
DEFENDANT I CIVIL ACTION - DIVORCE
NOTICE TO I>EFEND ANI> CLAIM RIGHTS
YOU BAV. DEEM SUED 1M COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt aotion,
You are warned that if you fail to do so, the case may proceed without
you and a deoree of divorce or annulment may be entered against you
for anr other claim or relief requested in these papers by the
Plaint ff. 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
li.t 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 TilE RIGIIT 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 TilE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
thu II R I.. .\NURIIHIlN ,. H.U'IIH
2017 NORTH FRONT 5TREEt, liARRI5SURO, PENN5YlVANIA 17110.1223
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41lf.'o4ID1YOaCUL'UMPlAIlff/I.1llkll\0I\'I9II,\)pI
JOSEPH p, HAFER, , IN THE COURT OF COMMON PLEAS
PLAINTIFF , CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO,
I
SANDRA M, HAFER, ,
DEFENDANT I CIVIL ACTION - DIVORCE
TO TIS HOMORABLE, THE JUDGES OF SAID COURT'
UD IIOW, comes plaintiff, JOSEPH p, HAFER, by his attorneys,
SMIGEL, ANDERSON' SACKS, and represents as folloWSI
COUMT I
DIVORCE UNDER BECTIOM 330llcl OR 33011dl
Or THE DIVORCE COOl
1. plaintiff is JOSEPH p, HAFER, who currently resides at
2837 North Front street, Harrisburg, Pennsylvania, and has resided
there since on or about March, 1994,
I. Defendant is SANDRA M. HAFER, who currently resides at 235
East Lauer Lane, camp Hill, PA, 17011 and has resided there since on
or about 1975.
3. Both Plaintiff and Defendant have been bona fide residente in
the commonwealth for at least six (6) months immediately previous to
the filing of this complaint,
.. The plaintiff and Defendant were married on June 29, 1963, at
Ilarrisburg, Dauphin county, pennsylvania.
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29\7 NORTlHRONT 5tAEEt, I1ARRI5DURO, PENN5YLVANIA 17\\0 122J
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5. There have been no prior actions of divorce or for annulment
between the parties.
.. The marriage is irretrievably broken.
7. 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.
I. Plaintiff avers that there are no children of the partie.
under the age of 18.
.. Plaintiff requests the court to enter a decree of divorce.
COUNT II
EQUITABLE DISTRIBUTIOM
10. Plaintiff repeats and real leges the averments of paragraphs
1 through 9 which are incorporated by reference herein,
11. Plaintiff and Defendant possess various items of both real
and personal marital property which is subject to equitable
distribution by this Court,
WI.lErORE, Plaintiff requests this Court to equitably distribute
the marital property after an inventory and appraisement has been
filed by the parties.
SMIGEL, ANDERSON , SACKS
'Y' L.R~
I.D. 109617
2917 NORTH FRONT STREET
HARRISBURG, PA 17110-1223
(717) 234-2401
ATTORNEYS FOR PLAINTIFF
tt~IlUMI.. .\I\'U-RliHON ,. H.\('IlH
~U17 NORTH fRONT StREET, HARRISBURG, PENNSYLVANIA 17110.12~3
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VERIFICATION
I verify that the .tatements made in thi. Complaint 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
faloification to authorities,
Oat.,
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41Jt.I-4IACCIlPfANCIlO.lIl1lWlt'III.II,W IlY2JItJ Ulpol
JOSEPH P. HAFER, I IN THE COURT OF COMMON PLEAS
PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA
,
v. I NO, 95-6031 CIVIL TERM
I
SANDRA M. HAFER, I
DEFENDANT I CIVIL ACTION - DIVORCE
ACCEYfANCE OF SERVICE
I, Sandra M. Hafer, Defendant in the above-captioned matter,
hereby acknowledge receipt of and accept eervice of the Complaint in
Divorce filed on October 20, 1995,
Date,
Iff /tir
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JM}(b~ /h
San ra M, Hafer,
'hIlU.II.. .\NII,"eH"/\, ,. H.\C'UH
2911 NORTl1 FRONT STREET, I1ARRISBURO, PENNSYLVANIA 17110 1223
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6031 CIVIL TERM
CIVIL ACTION - DIVORCE
JOSEPH P. HAFER
plaintiff
SANDRA M, HAFER
Defendant
.....R WIT. COu.TBRCLAIM
And now comes Sandra M. Hafer, Defendant, in the
above-entitled action, by her attorneye, Goldberg, Katzman "
Shipman, P,c., and files the fOllowing Counterclaim:
COu.TB I and II
1, The averments of paragraphs 1 through II of Plaintiff's
Complaint are admitted.
COu.TBRCLAIM
COUNT I -.'OU.AL 8U"ORT,
ALlMOn '.11I).11'1'. LIT., AIm ALlMOn
,ua8UAMT TO 1.3701 AIm 3701 or Tal DIVORCI COD.
2, Defendant, Sandra M, Hafer, is unable to sustain herself
adequately during tho course of litigation,
3, Defendant lacks sufficient property to provide adequately
for her reasonable needs and is unable to fully sustain herself
through employment on a basis comparable to Plaintiff,
WHI.lrOR., Defendant respectfully requests the Court to enter
an award of alimony pendente lite until final hearing and thereupon
to enter an order of alimony in her favor pursuant to 553701 and
3702 of the Divorce Code,
COmIT 11- COUM..L r..., CO.T. aND .IP.....
,ua.u~ TO 113313 lbl &MD 3701 OW TI. DIvoac. COD.
4. Defendant, Sandra M. Jlafer, has employed counsel to
represent her in this action,
5, Defendant has been advised that she will be put to
considerable expense in preparation of her case, the employment of
counsel and experts, and the payment of fees,
6. Defendant is without adequate funds to meet the
anticipated fees and expenses of this litigation, whereas the
Plaintiff owns assets and receives income substantially in excess
of Defendant,
7. Plaintiff has more than adequate funds with which to pay
Defendant's fees and expenses,
D.a.,oa., reserving the right to apply to the Court for
interim counsel fees, costs, and expenses prior to final hearing,
Defendant requests that, after final hearing, the Court order
Plaintiff to pay the reasonable counsel fees, costs, and expenses
of Defendant,
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JOSEPH P. HAFER, , IN THE COURT or COMMON PLEAS
PLAINTIFF , CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 95-6031 CIVIL TERN
,
SANDRA H, HAFER, I
DEFENDANT I CIVIL ACTION - DIVORCE
PLAIlVI'Uflf'S ANSWER TO DEFENDANT'S COUNTERCLAIM
COUll'l' I
..OVIAL IV"D.~. ALIMOK! ..-n-.r. LI~. &MD ALIKOK!
I. It i. deniad thet Dafendant i. unable to .u.tain her.elf
adaquataly during the cour.e of tha litigation. To the oontrary, .he
ha. tha ability to work, ha. no .inor children to .upport and i. in
good health.
I. It i. danied that Dafendant laok. .uffiolent proparty to
provide adequataly for har raa.onable nead.. It i. al.o danied that
.he i. unable to fully .u.tain her.elf through ..ployaant on a ba.i.
eo.parable to Plaintiff. Defendant ha. raoeivad, ovar tha pa.t twalve
.onth., .ora of the net di.poaabla inoo.a fro. tha ..ployaant of
Plaintiff than ha. tha Plaintiff.
.....WO.., Plaintiff ra.peotfully reque.t. that thl. Court deny
any award for ali.ony pendenta lita.
COUll'l' II
COUK..L W.... COlT. &KD .1......
t. Ad.itted.
I. It i. deni.d that Def.ndant will incur any .xtraordinary
exp.n... for coun..l f..., coat. or .xp.n..., To the contrary,
D.f.ndant ha. alr.ady b..n provid.d with the .ua of Thr.. Thou.end
Dollar. ($3,000.00) to be uaed toward r.taining coun..l and paying
exp.n..., Def.ndant ha. the ability to work and ha. coapl.t.
di.cr.tion to di.po.. of h.r ..paret. .arning.. All of the aarltal
liabiliti.. have be.n paid by plaintiff, in .ddition to which
D.f.ndant ha. r.tain.d the .ua of $17,000 whll. plaintiff h.. r.tained
only $10,000, the sua of which constitute. all of Plaintiff'. .arnings
for 1995.
.. It i. d.nied that Def.ndant i. without ad.quat. fund.. She
ha. r.c.ived rec.ntly a .u. in .xc... of $17,000. Additlon.lly, ell
joint obllV.tion. hev. be.n pald by plaintiff.
1. It i. d.nied that plaintiff ha. ad.quat. fund. with which to
pay D.fendant'. couna.l f..a, coat. and .xpen... ov.r and above the
contributlona which h. ha. already aad. to joint oblig.tion..
.....wo.., Pl.intiff reap.ctfully r.qu..t. thi. court to d.ny any
r.qu..t for int.ria coun..l f..., co.t. or .xpan... prlor to any final
hearing.
COUWT III
COMTIMUID K&IMTIIAMCI AND I.MIWICIARY DI.IOMaTIOM
OW ..IITIMG POLICI.. IMluaIMG LIr. aKD ..<.
I. Lif. in.urance carried by the plaintiff ia a aatt.r that haa
con.tantly been under r.vlew. Beeau.. of the ..calatinq co.t of life
in.uranc. that the plaintiff experience. a. he g.ts older, it aay be
nece..ary for hi. to r.duce life inaur.nce or alt.r the type of
- 2 -
covaraga. Thera ara .or. than .uffioiant jointly-own.d ....t. to
provide for Def.nd.nt in tha avant of tha daath of Plaintlff and
Plaintiff beliav.. that ha .hould h.va tha ability to .It.r tha typa
.nd a.ount of in.uranoa that ha ha. oo..an.urata with tha d.ai.ion.
that h. would be able to h.v. .ada if tha p.rtia. w.r. not ..p.ratad.
.....woa., Plalntiff r..peotfully r.qu..t. th.t tha r.ll.f
requ..t.d direoting hi. in any way to oontinua to .aint.in life
in.ur.nca be denlad. With r.gard to ha.lth in.uranc., the polici..
ra.ain in .ffeot and ar. continued until .uch ti.a a. the dlvoro. i.
final.
Ra.paotfully .ubaittad,
SMIGEL, ANDERSON , SACKS
.YI La~::KA~
I.D. lolt6l';&
2917 North Front Str..t
H.rri.burg, PA 17110-1213
(717) 234-2401
Attorn.y. for Pl.lntiff
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VERU'ICATION
I. JOSEPH p, HAFER, verilY Ihol the l\Dlemenll rontolned In the fo"'solna Anllver 10 Countertl,lm ore
'n1e and oorrcc\ to the bell of my knowlcdae, Informollon and belief, J lOndeuland Ihal ~l1le l!atcmenll therein are
Dalel_~
made lubJect to Ibe penalllel oll~ I'a,C,S.f.l!104...lallns 10 "noworn '01 itl",tion 10 oUlho' I
JOSEPH p, HAFER, I IN THE COURT OF COMMON PLIAS
PLAINTIFF I CUMBERLAND COUMTY, PUNSYLVANIA
I
v. I NO. 95-6031 CIVIL TERM
I
SANDRA M, HAFER, I
DEFUDANT I CIVIL ACTION - DIVO.CE
CERTIFICATE OF SERVICE
I, LeRoy s.ig.l, Eaquir., har.by certifY that I h.ve ..rved a
true .nd correot oopy of Pl.intiff'. An.wer to D.f.ndant'.
Count.rolal. upon coun.el for D.f.ndant a. .ddr....d below by
depo.itinw th. .... in the U,S. Mail, fir.t cla.., po.tage prepald, on
2-/b'9&,
RONALD M. KATZMAN, ESQUIRE
GOLDBERG, ICATZIWI . SHIPMAN, P.C.
320 IlAJUCIT STREET
P.O. BOX 1261
HARRISBURG, PA 17101-12'1
BYI
SMIGEL, ANDERSON' fACieS
, .
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1.0. I 617
2917 North Front Str.et
Harri.burg, PA 17110-1223
(717) 2H-Z401
Attorn.y for Pl.intiff
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JOSEPH p, HAFER,
PLAINTIFF
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO, 95-6031 CIVIL TERM
I
I
I CIVIL ACTION - DIVORCE
v,
SANDRA M, HAFER,
DEFENDANT
1I0TICI
If you wish to deny any of the Etatements set forth in this
affidavit, you must file a counter-affidavit within twenty (20) days
after this affidavit has been served on you or the statements will be
admitted.
ArFIDAVIT UIIDER 8ECTIOM 3301(41
or Till DIVORCI CODI
1. The parties to this action separated on March 19, 1994
and have continued to live separate and apart for a period of at least
two (2) years,
I. The marriage is irretrievably broken,
3. 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 are made subject
to the penalties of 18 Pa,C,S, section 4904
falsification to authorities,
D.te' --,6,/;;,
,
-..
JOSEPH p, HAFER, I IN THE COURT OF COMMON PLEAS
PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 95-6031 CIVIL TERM
I
SANDRA M. HAFER, I
DEFENDANT I CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT ANn
WAIVER OF COUNSELING
1. A complaint in Divorce under section 3301(c) of the Divorce
Code was filed on october 20, 1995,
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) 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 have been advised of the availability of marriage
counseling, and understand that I may request that the Court require
that my spouse and I participate in counseling. I further understand
that the court maintains a list of marriage counselors in the
Prothonotary/s Office, which list is available to me upon request,
Being so advised, I do not request that the Court require that my
spouse and I participate in counseling prior to a divorce decree being
entered by the Court,
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JOSEPH P. HAFER, I IN THE COURT OF COMMON PLEAS
PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA
I
v, I NO, 95-6031 CIVIL TERM
I
SANDRA M. HArER, I
DEFENDANT I CIVIL ACTION - DIVORCE
WAIVIR or NOTICI or IMTINTIOM TO REQUIIT
IMTRY or A DIVORCI DECRII UNDIR 81CTIOM 3301(0)
OF TII DIVORCI COOl
1, I consent to the entry of a fJnal decree of divorce without
notice,
2. I understand that I may lose rights concerning alimony,
diviaion of property, lawyer's fees or expenses if I do not claim them
befora a divorce is granted,
3. I understand that I will not be divorced until a divorce
decree ia entered by the Court and that a copy of the decree will be
.ent to me immediately after it is filed with the prothonotary,
I verify that the statements made in this affidavit are true and
oorreot, 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,
Datel
~/;7 /97
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11(
JOSEPH P. HArER, , IN THE COURT OF COMMON PLEAS
PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 95-6031 CIVIL TERM
,
SANDRA N. HAFER, I
DEFENDANT I CIVIL ACTION - DIVORCE
QU~lImSI1C mztTlfNS ORDER
AND NOW, thi. day of --'~ , 1997, it appears
to the Court a. follow.,
1. The partie. hereto were husband and wife and a divorce
decrea ha. been entered by entered by this court to the above
referanced docket number.
a. Jo.eph P. Hafar (Social Security No. 161-32-3126)
haralnafter referred to all "Participant", current and last known
..illng .ddr... l. 1530 Waterford, Camp Hill, Penn.ylvania 17011.
3. Sandra N. Hafer (social Security No. 161-34-1249)
hereinafter referred to as "Alternate Payee", current and lallt known
mailing address is 235 East Lauer Lane, Camp Hill, Pennsylvania 17011.
4, Thill Order shall apply to benefits under the Thoma., Thomas
, Hafar Pen. ion Plan, hereinafter the "Plan",
5, To accommodate the marital property distributed between the
parties, IT IS ORDERED, ADJUDICATED AND DECREED as follows,
A. It is the intent of this Court that the provisions of this
Order operate as an effective assignment for the Alternate Payee's
interast in the Tho.as, Thomas , Hafer Pension Plan ae eet forth below
under both stata and federal lAwe, for all purpose.,
B, The Plan ehall tranefer to Alternate Payee $475,000 from the
Plan participant's account as followsl
(1) The.um of $360,000 from Cash/Cash Equivalents Money Markets
held under Account No. 041664316,
(2) The .u. of $115,000 from Cash Management Trust of America
Account No. 61233592,
c. The payaent from the Plan shall be transferred to, NFSC IRA
for the benefit of Sandra M. Hafer, Account No, ATG 369535-828, The
check transferrin9 the funds shall be made payable "NFSC IRA for the
benefit of Sandra M. Hafer, Account No. ATG 369535-828" and mailed
diractly to Isabelle Nasland at Masland and Barrick, 3461 Market
Street, camp Hill, PA 17011,
The distribution is to be paid as soon as administratively
pos.ibla followin9 tha date this Order is approved as a Qualified
Do.aatio Relations Order,
0, Nothin9 contained in this Domestic Relations Order shall be
construed to require the Plan or the Plan Administrator,
(1) To provide to the Alternate payee any type or form of
benefit, or any option, not otherwise available under the
Plan, or
(2) To pay any benefits to the Alternate Payee which are
required to be paid to another alternate payee under another
domestic relations order previously determined by the Plan
Administrator to be a QDRO, or
(3) To require the Plan to provide increased benefit.,
E, This Qualified Domestic Relatione Order has been drafted in
aocordanca with the marital property distribution agreed to by the
partie.. The transfer of Plan funds pursuant to this Qualified
Domestic Relations Order is not intended by the parties to constitute