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HomeMy WebLinkAbout02-4805 MARK L. HOOPERT, II, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. Cd' l/"8"tlS Civil Term GLENDA S. HOOPERT, Defendant : ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 MARK L. HOOPERT, II, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0..2. '1j(j5 Civil Term GLENDA S. HOOPERT, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is Mark L. Hoopert, II, a competent adult individual, who has resided at 80 I Pine Road, Carlisle, Cumberland County, Pa. 17013 since 1990. 2. Defendant is Glenda S. Hoopert , a competent adult individual, who has resided at 5 Hidden Knoll Drive, Carlisle, Cumberland County, Pennsylvania, 17013, since December 200 I. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 23, 1990 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have three children together, 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities, 72/~ # ~-r'A.I:~ Mark Hoopert, II, Plaintiff Respectfully submitted, Date: 9-.3CJ-oz.. Jan Adams, Esquire 1. . No. 79465 6 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 A TTORNEY FOR PLAINTIFF ~ ~ ~ " ~~ t '^ . , , (lS ~ \!} & ~ ~ C:l ~ \ '\~ '- <:s, ~ . ~ -\ ~ St 2 c' ~~ :'oJ ;rl'lN ;:::(., ;;-: r~ (I) ;, f5" ~;i~ ~ -':1 -< {"'- J ,-.., ,,,.., , t"....: ~ o ..~ -'"'! ~,"!:'I MARK L. HOOPERT, II, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02 - 4805 Civil Term GLENDA S. HOOPERT, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE OF NOTICE TO DEFEND AND COMPLAINT AND NOW, this October 8, 2002, I, Jane Adams, Esquire, hereby certify that on October 4,2002, a certified true copy of the NOTICE TO DEFEND AND COMPLAINT was served, via certified mail, restricted delivery, return receipt requested, addressed to: Glenda Sue Hoopert 5 Hidden Knoll Road Carlisle, Pa, 17013 DEFENDANT e Adams, quire . No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF _._~-'_."--------~...^_..~ () ~ ~~ lJc/ : nlr. ;:.:: :'1: ZC_ v':>""," ~~., ~(:~~; .........C ~ C) N C) (") "-I I CO ~'"C; N ,:::) (::> c; -'j ?1J -< . Complete iftlms 1, 2, and 3, Also compiete 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: Gl~,~ S~ t-\-o~i- S- ~~ 4u\\ ~ G.xti s\e fA I Ilt>{6 D, Is delivery address different from i1em 17 if YES, enter delivery address below: 3, o Express Mail o Return Receipt fI\r Mer<:/llIIldlse DC,O.D. (Extra Fee) 7001 2510 0006 5860 6894 2, Article Number (Transfer from service iabel) PS Form 3811 , August 2001 Domestic Return Receipt 10259S.02-M-0835 UNITED STATES POSTAL SERVICE III/II First-Class Mail Postage & Fees Paid USPS Permit No, G-10 · Sender: Please print your name, address, and ZIP+4 in this box. JANE ADAMS ATTORNEY AT LAW 36 g, PIn STREET CARLISLE. PI\ 17011 0'01 /720. ro-l;~6- MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~ day of December, 2002, by and between MARK L. HOOPERT, II, (hereinafter referred to as "HUSBAND") and GLENDA S. HOOPERT (hereinafter referred to as 'WIFE"), WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 23, 1990; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1 . The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth 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 that conforms to a just and right standard, with due regard to the rights of each party. It is the intention 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 each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable 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 or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefits 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. 5. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts, and the parties' mortgage obligation, homeowners' insurance and real property taxes up to the time the property is sold, B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts. C. The parties agree that there are no other joint debts of the parties. 6. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein except as expressly provided herein. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that 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 now 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, The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL PROPERTY: Upon the sale of the marital residence, located at 801 Pine Road, Dickinson Township, Cumberland County, Pennsylvania, all net proceeds received from the sale shall be divided equally between the parties, B. PERSONAL PROPERTY: 1.) Bank Accounts - Each party shall retain such individual checking and savings accounts as they may now or hereafter establish free of any claim by the other party; 2,) Employee Benefit and Retirement Plans - Each party shall retain all of their own employee benefit, savings and/or retirement plans' proceeds free of any claim by the other party; 3.) Burial Lots - Within thirty (30) days of the execution of this agreement, WIFE shall transfer or assign to HUSBAND, any interest she may have in the burial lots purchased by the parties at the Cumberland Valley Memorial Gardens, 1921 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, designated by Number 341 B, Space #1, Sermon on the Mount, as identified on the Map or plaint of Cumberland Valley Memorial Gardens, 4.) Other Personal Property - The parties agree that they have divided all of their remaining personal property, including, but not limited to furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as now divided. 7. INCOME TAX RETURNS: All future income tax returns, including the return for tax year 2002, which will be filed as married filing separately, will be filed separately and the parties will each retain any refund due to them. 8. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 9. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that the parties will execute and file the consents and waivers necessary to obtain the divorce simultaneously with the execution of this agreement. 10, BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable, All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 11. 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. 12. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. HUSBAND's legal counsel is Jane Adams, Esquire. WIFE's legal counsel is Nathan C. Wolf, Esquire. 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, APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 15. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 16. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, 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, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as 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 have hereunto set their hands and seals the day and year first above written. WITNESSES: ~ .-=/ 7/~""" (SEAL) MA K L. HOOPER , II ~c1 ~(SEAL) ~~DA S. HOOPERT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this ~ day of ~V\.~ Wi:J~ MARK L. HOOPERT, II, known to me (or satisfactorily proven) to be the pefWr,l whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. J . t,'O"'~;:;~"'! ~ 1~ ,;.,\~- <.;.':-~ ~3=(11.. ~ J JE E./~$sJb~S, Not.~;y ?u~k} , riis!€l Born, Cumbonalhl County .4y Commission Expire; Sept 6, 2004 COMMONWEALTH OF PENNSYLVAN COUNTY OF t~7It.LctV/J :SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this r) day of December, 2002, GLENDA S. HOOPERT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~ Notary Public NOTARIAL SEAL r '" 'r"'''''l Iii NOTARY PUBLIC HAROLJJ, }(-,.""" " r "SEol'N'D r:cU~,;TY Or CUi-;i !1 1'\1 . DGTOSEF. 22. 2?~ _.".=""",...."~.,,,....""".~ H'=,"- () c: <""" -0 ffi n~lr'; i ~i.! c.o -<" ~., ~~~: L"o )> ~;; :J ... C) c..J C- .t-__ - o -n j lJ;! - 1 ~'-'i " '~Q ,.;..., i;.;;.... :3.:.; ~"d :('5 ;~"~ I'n ,_/ :::::! ":0 =< , en ~ -~"- :::> \0 MARK L. HOOPERT, II, ' Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 02 - 4805 Civil Term GLENDA S. HOOPERT, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 2002. 1, A complaint in divorce under section 3301 (c) of the Divorce Code was filed on October 4, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 4904, relating to unsworn falsification to authorities, Date: /./3- 0 '3 ~J~3 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301 (c) OF THE DIVORCE CODE 1, I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3. I understand that 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, 94904 relating to unsworn falsification to authorities. Date: l /3' i) 3 4 }~.:;7) J c Y, ../ ~," .e~k.. ~ , enda S. Hoopert, Defendant J2 // :eCf a<y;. .3 :) ~n ,- ~ ~ MARK L. HOOPERT, II, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 02 - 4805 Civil Term GLENDA S. HOOPERT, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 2002. 1, A complaint in divorce under section 3301 (c) of the Divorce Code was filed on October 4, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C,S. 4904, relating to unsworn falsification to authorities. Date: 1- g - :3 ~~K::zk-~C# ~k L. Hoopert, II, f;1aintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !i3301lcl OF THE DIVORCE CODE 1, I consent to entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3. I understand that 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, 94904 relating to unsworn falsification to authorities. Date: {-7)-;3 ~/. ~ ~.~ M rk L. Hoopert, II, eff >) , {~ MARK L. HOOPERT, II, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 02 - 4805 Civil Term GLENDA S. HOOPERT, : ACTION IN DIVORCE Defendant 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 ~3301 lc) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered bv certified mail. restricted delivery. return receiot reauested. delivered on: October 4, 2002. 3. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: By Plaintiff: January 8, 2003 January 13, 2003 By Defendant: 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: January 21, 2003. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: January 21,2003. Respectfully Submitted: Date: J -dO-03 Ja Adams, Esquire I. . No. 79465 6 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ;? ,/'7 -? h->/?? Jf2.;J:/ 'J!- "'ru/ r~wu... // - L ' ~~~ ? ~, ,~r, V''1/ ,,-{r/.,o?7 - npJ ?-?1?-,,/, fi"./?" ,,' t.-- ;' / j/ ve r- . >- t' - r - <'l?, he-> / r'" <-'- ' he / .'