Loading...
HomeMy WebLinkAbout07-1012HEATHER N. FUHRMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - 16 o? Gt,rI 44r^ BRANDEN FUHRMAN, CIVIL ACTION - LAW Defendant 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 of or visitation with 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 at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 or 1-800-990-9108 HEATHER N. FUHRMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. DIA 6,1114 e,f BRANDEN FUHRMAN, CIVIL ACTION - LAW Defendant DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Heather N. Fuhrman, an adult individual whose current mailing address is 1952A Fry Loop Avenue, Carlisle (Cumberland County), Pennsylvania 17013. 2. Defendant is Branden Fuhrman, an adult individual whose current mailing address is 18 North High Street, Newville (Cumberland County), Pennsylvania 17241. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on June 10, 2006, in Mechanicsburg, Pennsylvania. 5. Plaintiff and Defendant have no children. 6. There has been no prior action for divorce or annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services. 9. Plaintiff avers that the ground on which the action is based is the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a Decree in Divorce dissolving the marriage between the parties pursuant to Section 3301(c) of the Divorce Code of 1980, as amended. Respectfully Submitted, Eliza " h A. Hoffman, quire Attorney for Plaintiff 106 Walnut Street Harrisburg, PA (717) 236-2956 1 D #71000 VERIFICATION I verify that the information provided in the attached document is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date:A- i5 - o -i 4A?? -leather N"Fuhrman . A CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached complaint was sent by certified, restricted mail to the following person: Branden Fuhrman 18 North High Street - Apt. 2 Newville, PA 17241 Date: Elizabeth A. Hoffman, Esquire Attorney for Plaintiff 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 1 D #71000 zo HEATHER N. FUHRMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-1012 CIVIL TERM BRANDEN FUHRMAN, CIVIL ACTION - LAW Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 23, 2007 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have elapsed from the date of filing the complaint. 3. 1 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. f Date: 10-L4-0-1 Heath 6r M. Fuhrman SS# 15Ct-lot0.- 5O`-/tp r?? ?? ? -- ; ?= ? ? -Y"x r F + j , -.yam{ ?.q• ,.?-!^" 3 1 . , ? ?? ? ^" r 4'? p ? ?? ?? ?? HEATHER N. FUHRMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-1012 CIVIL TERM BRANDEN FUHRMAN, CIVIL ACTION - LAW Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 10 - g - 0-7 r Heath 6r . Fuhrman r • r ,! i HEATHER N. FUHRMAN, Plaintiff V. BRANDEN FUHRMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1012 CIVIL TERM CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 23, 2007 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have elapsed from the date of filing the complaint. 3. 1 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: CJ 0 - tiranaen r-unrman SS# / 7,2 -- 70- 75M C"> _. ryy? .9 y HEATHER N. FUHRMAN, Plaintiff V. BRANDEN FUHRMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1012 CIVIL TERM CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: C. C rWderf Fu rman " .„_; ; 07- Ioia CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached complaint was sent by certified, restricted mail to the following person: Branden Fuhrman 18 North High Street - Apt. 2 Newville, PA 17241 Date: 4-?310-1 0'?C? d. A ? Elizab h A. Hoffman, E uire Attorney for Plaintiff 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 1 D #71000 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 44'.eC4 ,/D Abe A?jeved by (Please Pri t C/early) B. Date of Delivery 0-7 C. Signature ? Agent X Addressee D. Is dell dress cli f rent from lei„ 1 ?' ? Yes If YES, enter delivery address below: ? No 3. =Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? G.O.D. I'll 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Copy from serf 7006 2150 0003 8546 1183 PS Form 3811, duly 1999 Domestlc Return Receipt 102595.00-M-0952 ?'-' ? G= f? ?, t"? ? t--- ' •?? ?..] ? f ' _ 1 ? «_ _ ? ?? "? ..? ?` ^ .. 0 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this v?7 day, , 2007, at Harrisburg, Dauphin County, Pennsylvania, by and between Heather N. Fuhrman (hereinafter referred to as "WIFE") residing at 1952A Fry Loop Avenue, Carlisle (Cumberland County), Pennsylvania, and Branden Fuhrman (hereinafter referred to as "HUSBAND") residing at 430 Crossroad School Drive, Carlisle (Cumberland County), Pennsylvania. WITNESSETH: WHEREAS, the parties hereto were duly and lawfully married to each other on June 10, 2006, in Mechanicsburg, Pennsylvania; WHEREAS, HUSBAND and WIFE have no children born of the marriage; WHEREAS, certain unhappy and irreconcilable differences have arisen between the parties in consequence of which they desire to live separate and apart and wish to remain separate and apart for the rest of their lives; WHEREAS, the parties desire to enter into an Agreement under which their respective financial and property rights and all other rights, remedies, privileges, and obligations to each other arising out of the marriage relation or otherwise shall be fully prescribed and bounded thereby; WHEREAS, a Complaint in Divorce was filed in the Court of Common Pleas of Cumberland County at Docket No. 07-1012 Civil Term on February 23, 2007; WHEREAS, each party has had an opportunity to consult with an attorney of his or her own choice; and 1 of 8 WHEREAS, the parties hereto each warrant and represent to the other that they fully understand all the terms, covenants, conditions, provisions, and obligations incumbent upon each of them by virtue of this Agreement to be performed or contemplated by each of them hereunder, and each believe the same to be fair, just, reasonable and in the respective individual best interest of each, and not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either; NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereto, intending to be legally bound hereby, agree as follows: 1. SEPARATION. It is and shall be lawful for the parties hereto, at all times, to live separate and apart from each other and to reside from time to time at such place or places as each of the parties may deem fit and to contract, carry on and engage in any employment, business or trade which either may deem fit, free from control, restraint, or interference, direct or indirect, by the other in all respects as if such parties were single and unmarried. 2. NONINTERFERENCE. Neither party shall in any way molest, disturb, or trouble the other or interfere with the peace and comfort of the other or compel or seek to compel the other to associate, cohabit or dwell with him or her by any action or proceeding for restoration of conjugal rights or by any means whatsoever. 3. DATE OF EXECUTION: The "date of execution" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise, the "date of execution" of this agreement shall be defined as the date of execution by the party last executing this agreement. Page 2of8 4. MUTUAL RELEASE. HUSBAND and WIFE each do hereby mutually release and forever discharge the other and the estate of each other for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, or any state, commonwealth, or territory of the United States, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise from this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be Page 3 of 8 and constitute a full and final resolution of any and all claims which each of the parties may have against the other for the equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to WIFE by Elizabeth A. Hoffman, Esquire, counsel for WIFE. HUSBAND, after being advised that he may wish to consult an attorney about this the terms of this Agreement, has decided that he will not consult with counsel prior to signing this Agreement. HUSBAND and WIFE agree that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily 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. 6. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement. By entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or part thereof. 7. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the other party may be responsible or liable except as provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and Page 4 of 8 against any and such debts, liabilities or obligations of every kind which may heretofore been incurred by him or her, including those for necessities, except for the obligations arising from this Agreement. 8. PERSONAL PROPERTY. The parties stipulate and agree that all items of personal property have previously been divided between themselves. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have, with respect to any of the items previously divided between themselves. 9. EXISTING DEBTS. WIFE and HUSBAND acknowledge that there are outstanding balances in their names owed to Patriot Federal Credit Union at Account Number 5000035936. WIFE agrees to take complete and full responsibility for the balance of $481.92, said amount owed for her personal loan. HUSBAND agrees to take complete and full responsibility for the remainder of the balances owed to Patriot Federal Credit Union at Account Number 5000035936 and characterized as "Loan 80 and 81." (See Exhibit "A"). These balances are on loans taken for the sole purpose of purchasing HUSBAND'S vehicle and motorcycle. WIFE agrees to take complete and exclusive responsibility for any and all debts incurred in her individual name and to indemnify and hold HUSBAND harmless from same. And HUSBAND agrees to take complete and exclusive responsibility for any and all debts incurred in his individual name and to indemnify and hold WIFE harmless from same. 10. MARITAL ASSETS. The parties agree that, with the exception of the vehicle in Wife's possession, there are no marital assets to distribute. Wife has Page 5 of 8 assumed sole responsibility for paying for said vehicle, and Husband agrees to sign off on the title to the vehicle as soon as Wife completes payment of the loan. 11. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter referred to "the Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 12. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE AND LEGAL FEES. Each party hereby waives any right to alimony and/or alimony pendente lite. The parties agree to be responsible for their own attorney's fees. 13. INCOME TAX RETURNS. The parties agree to file separate local, state and federal income tax forms for 2007. 14. APPLICABLE LAW. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16. INTEGRATION. This Agreement constitutes the entire understanding of the Page 6of8 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. 17. NO WAIVER UPON DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 18. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligation under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first above written. Heat Her . Fuhrman -? Witness randen uhrman Wit sS Page 8of8 .-._,, PO 3 TI HEATHER N. FUHRMAN, Plaintiff V. BRANDEN FUHRMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1012 CIVIL TERM CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service effectuated by certified, restricted mail, and Acceptance of Service signed by Defendant on February 26, 2007. 3. Related claims pending: None 4. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code by Plaintiff 10/4/07 ; by Defendant 10/12/07 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: October 17, 2007 ; date Defendant's Waiver of Notice was filed with the Prothonotary: October 17, 2007 . Eliza eth A. Hoffman, Wore Attorney for Plaintiff ? ?_ ..? - ci ?? ? ?? .}w?-. ?? -. _. ?F .. `:., ? ?? ..,.! ?qw, "? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Heather N. Fuhrman NO. 07-1012 Civil Term VERSUS Branden Fuhrman DECREE IN DIVORCE AND NOW, o'1;64C -)3 DECREED THAT Heather N. Fuhrman AND Branden Fuhrman IT IS ORDERED AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. RT RETAINS JURISDICTION O BEEN RAISED OF Y EN ENTERED; , PLAINTIFF, , DEFENDANT, E WHICH A FINAL ORDER HAS NOT The Marriage Settlement Agreement executed by the parties on September 27, 2007, i within Decree in Divo d, but not merged, in ATTEST: I J. PROTHONOTARY L.0- "Ic - a/ I. L'7 ' It 4. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ??Ot-?h?r N FuhY m? ?? Plaintiff Vs File No. 0-1 - 10 1'02 IN DIVORCE ?_ r ?ro?Pr t ?h? 0-v? Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated Ip a3 O , hereby elects to resume the prior surname of M a aS?1 , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: it © D 8 S' ature pPDz- ?tG 9 •? Ss? L r Signature of ame being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ['_ic (?„A ) On the _ /^ay of dztg , 2005', before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. N101NOM0?1?? Y. ? ?,? CNM.IQLE E!{PM aANM 4 N P thonotary or Notary Public 'd r-a rn - x? t7'i Lill