Loading...
HomeMy WebLinkAbout03-0648TINA M. HAMMAKER, Plaintiff VS. ERIC T. HAMMAKER, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA .o. - · CIVIL ACTION-LAW · IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case 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. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TINA M. HAMMAKER, Plaintiff VS. ERIC T. HAMMAKER, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO. · CIVIL ACTION-LAW · IN DIVORCE COMPLAINT IN DIVORCF AND NOW COMES Plaintiff, Tina M. Hammaker, by her attorneys, Purcell, Krug & Hailer, and avers as follows: DIVORCE PURSUANT TO SECTION 3301(c) or 330'1(d) OF THE DIVORCE CODF 1. Plaintiff is Tina M. Hammaker, an adult individual whose current address is 6591 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Eric T. Hammaker, an adult individual whose current address is P·O. Box 113, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 7, 1990, in Carlisle, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Plaintiff avers that there are four children of the parties under the age of 18: Hollyann M. Hammaker, born August 23, 1990, Eric T. Hammaker, II, born April 40, 1992, Dakota L. Hammaker, born May 28, 1996, Brooke L. Hammaker, born March 3, 1998. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8. The Plaintiff and Defendant are both citizens of the United States. 9. The Social Security Number of the Plaintiff is 192-58-6855 and the Social Security Number of the Defendant is 160-54-9795. 10. The marriage is irretrievably broken. 11. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree: Dated: PURCELL, KRUG & HALLER By /~t,,.~-'~ uire ~D #29~55 _ 1"7-1.9/North Front Street Harrisburg, PA 17102 (717)234-4178 VERIFICATION I verify that the statements made in the foregoing gnmp~ ~-*' ~ ~' ~ ..... ¢ are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. T~na M Hammake TINA M. HAMMAKER, Plainitff VS. ERIC T. HAMMAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW :IN DIVORCE NOTICE TO THE DEFENDANT: If you wish to deny any of the statements set forth in this Affidavit, you must file a counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated November 1, 2000 and have continued to live separate and apart for a period of at least two years. 2. 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. §4904 relating to unsworn falsification to authorities. Date: Tina M. Hammakef TINA M. HAMMAKER, Plaintiff VS. ERIC T. HAMMAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-648 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN I, John W. Purcell, Jr., Attorney for the Plaintiff in the above action, hereby swear and affirm that on the 14th day of February, 2003, I sent, by certified mail, return receipt requested, deliver to addressee only, a certified copy of the Complaint in Divorce, containing Notice to Defend and Claim Rights and Plaintiff's Affidavit under Section 3301(d) of the Divorce Code to Eric T. Hammaker, the Defendant in the above action. The return receipt, duly signed by the Defendant is attached hereto and made a part hereof as Exhibit "A". j o h n/W:'P'U ~-~e I1~ J-3~. I.D. ~29955 Sworn and subscribed to befog.re me this ~4~clay of ~~/-~ ,2003. Notary Public No,..,r.¢,~ i~, Seal Anqela S. Ea;on, Notary Public H~.rrisburq Dauphin County My,., C~mmission Expires Jart. 12, 2004 Membor Par~nsv',v~i.-~ A ~sooiation o! Notaries ~ Postage r~' Certified Fee Return Receipt Fee ru (Endorsement Required) r-1 Restricted Delivery Fee r'"l (Endorsement Required) I--1 Total Postage & Fees Postmark Here Street Apt No.' . ' ....................................... ru or PO'Box No ' ~ ' ~' '~ ~ City, te, Zl +4 -- ~ ............. · Complete items 1, 2, and 3. Also complete item 4 if:Restricted Delivery s desired. · Pr nt 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: 2. Article Number A. Signature ~ , ' ' r-I Agent Addressee B. Received by (Printed Name) D. Is delivery address different from item 1 Yes If YES, enter delivery address below: No I [] Registered [] Return Receipt for Memhandise l1'3 Insured Mail r-'l C.O.D. I 4. Restricted Delivery? (Extra Fee) [] Yes (Transfer from service label) ~ 0 PS Form 3811, August 2001 Domestic Return Receipt 102595-02.M.0835 Exhibit "A" TINA M. HAMMAKER, Plaintiff VS. ERIC T. HAMMAKER , Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-648 CIVIL TERM · CIVIL ACTION-LAW · IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF pENNSYLVANIA ) SS: COUNTY OF DAUPHIN I, JOHN W. PURCELL, JR., Attorney for the Plaintiff in the above action, hereby swear and affirm that on the 29th day of March, 2003, I sent, by certified mail, return receipt requested, deliver to addressee only, a Notice of Intention to Request Entry of Divorce Decree and Defendant' s Counter- Affidavit under Section 3301(d) of the Divorce Code to Eric T. Hammaker, the Defendant in the above action· The remm receipt, duly signed by the Defendant is attached hereto and made a part hereof as Exhibit "A". A copy of the Notice of Intention with Defendant's Counter Affidavit is attached as Exhibit "B". Sworn and subscribed to before me this~t~"day of ~ ~;~-g[ ,2003. ~o[aYy Public Notarial Sea~ ...... Angela S. Eaton Notav~ t~um Harrisburg, Dauphin County My Commission Expires ,lan. 12, 2004 t?,¢mber,~"e~"lS.vlvania Association ot Notaries (. PURC-'~'-~L, JR. TINA M. HAMMAKER, VS. ERIC T. HAMMAKER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-648 CIVIL TERM : CIVIL ACTION-LAW :IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: ERIC T. HAMMAKER, DEFENDANT You have been sued in an action for Divorce. You have failed to answer the Complaint or file a Counteraffidavit to the Plaintiff's Affidavit. Therefore, on or after APRIL 16, 2003, the Plaintiff can request the Court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the Court an Answer with your signature notarized or verified or a Counteraffidavit by the above date, the Court can enter a final Decree in Divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the Divorce and you will lose forever the right to ask for economic relief. A COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Exhibit "B" TINA M. HAMMAKER, VS. ERIC T. HAMMAKER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-648 CIVIL TERM : : CIVIL ACTION-LAW : IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF Tr-I]g DIVORCE CODE_ Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counteraffidavit 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 unswom falsification to authorities. Date: Defendant NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make any claim for economic relief, you need not file this Counteraffidavit. · Complete items 1, 2, and 3. Also complete ~tem 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address dill;erSt from item 1 ?'-~3 Y~s v If YES, enter delivery address below: [] No 3. Service Type ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) I~Yes 2. Article Number (-I'ransfer from service label) (~ (~ (~(~ mO k~ O0 0 0 ~ ~ ~l~'~..~ ~ ,~ (~ (~ '-'~ PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 rtl i-I.J I-ri i Postage Certified Fee eturn Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees m Postmark Here Exhibit "A" TINA M. HAMMAKER, Plaintiff VS. ERIC T. HAMMAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-648 CIVIL TERM : CIVIL ACTION-LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section ( ) 3301(c) (X) 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: February 15, 2003 by Certified Mail 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: by Defendant: (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: February 6, 2003 (2) date of filing and service of the Plaintiffs Affidavit upon the Defendant: February 15, 2003 4. 5. Related claims pending: None. (a) Date and manner of service of the Notice of Intention to file Praecipe to transmit record, a copy of which is attached: March 29, 2003 by Certified Mail (b) Date of Plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Date of Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: r Plaintiff TINA M. HAMMAKER, Plaintiff VS. ERIC T. HAMMAKER , Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-648 CIVIL TERM · CIVIL ACTION-LAW · IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN I, JOHN W. PURCELL, JR., Attorney for the Plaintiff in the above action, hereby swear and affirm that on the 29th day of March, 2003, I sent, by certified mail, return receipt requested, deliver to addressee only, a Notice of Intention to Request Entry of Divorce Decree and Defendant's Counter- Affidavit under Section 3301 (d) of the Divorce Code to Eric T. Hammaker, the Defendant in the above action. The return receipt, duly signed by the Defendant is attached hereto and made a part hereof as Exhibit "A". Exhibit "B". A copy of the Notice of Intention with Defendant's Counter Affidavit is attached as Sworn and subscribed to before me thisd) day Notai3, Pubhc · 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: 2. Article Number fTransfer from service label) PS Fora, 3811, August 2001 ent Addressee D. Is delivery address different from item 17 If YES, enter delivery address below: [] No Service Type ;, rq Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. Restricted Delivery? (Extra Fee) [Z}-Yes Domestic Return Receipt 102595-02-M-0835 Exhibit "A" TINA M. HAMMAKER, VS. ERIC T. HAMMAKER, Plaintiff Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-648 CIVIL TERM · CIVIL ACTION-LAW · IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODF 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. . (b) I oppose the entry of a Divorce Decree because (Check (i), (ii) or both): ~ (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. ~ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counteraffidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section.4904 relating to unsworn falsification to authorities. Date: Defendant NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make any claim for economic relief, you need not file this Counteraffidavit. IN THE COURT Of COMMON PLEAS TINA M. HAMMAKER Plaintiff OF CUMBERLAND COUNTY STATE OF .~ PENNA. VERSUS ~RTC T_ ]qA~,~WAW~R Defendant N O. 03- 648 CIVIL DECREE IN DIVORCE AND NOW, ~./,,? '/ DECREED THAT Tina M. Hammaker AND Eric T. Hammaker 2003 it iS orDereD AND , PLAINTIFf, , 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; Any existing spousal support order shall hereinafter be deemed an order for alimony pendente lite if any economic claims remain pending. BY THE COURT: / Jo PROTHONOTARY