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HomeMy WebLinkAbout01-1769 FX . . . . . . . J I""",,-dl "~ " "'~,L"'" ,..,. - .,.--,",'", ,'. -'.' , L :1 . .~,",,' t' ~ . . .. . . . . . ~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~~ ~ ~~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LYNNE A. HAMMANN, PlAINTIFF No. 01 17fiq ('TVTf '" WILLIAM H. HAMMANN, VERSUS . . . . . . . . . . . . . . nRFFNJlll.NT DECREE IN DIVORCE AND NOW, November ~it- ,2002 ,IT IS ORDERED AND DECREED THAT LYNNE A. HAMMANN , PLAINTIFF, AN D WILLIAM H. HAMMANN , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOR~ If!. THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; fV~ AN ORDER INCORPORATTIIC THE PARTIES MARRIAGE SE'l"l'LEMENT AGREEMENT AND AN ORDER AWl\RDDG PlAINTIFF ~ OF THE MILITARY RETIRED PAY OF THE DEFENDANT ARE EIIITr;wru CONCURRENTLY WITH 'lHIS DECREE IN DIVORCE. ATTEST: ROTHONOTARY . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,1"-'''' - '~, ~_~~M~~!f1l!iW\'iiroi,g;~iIW!<{!~rori<lliL:iIli'l 11[ ~~ ";";.~;"'-"'~"""-,~~- --,...;.~,,,,,:,,;" ,. --M ,dIp.~ ~ ~ r::O.I7Je'-/( ~ ~1_~.~;:W -e9-'?r:./1 , -- <. ~","-, ", ~,' ~m' " ~L.~,<;.,W ,,, ,,", -I " . L ~, -. ' I,,,,,,,,,,_.,,.,,L) SOCIAL SECURITY INFORMATION SHEET Pursuant to 23 Pa.C.S.A. Section 4304. 1 (a)(3), listed below are the social security numbers for the plaintiff and defendant in the above-captioned divorce action. DATE: October 18,2002 DOCKET NUMBER: 01-1769 NAME: Lynne A. Hammann PLAINTIFFIPETITIONER SS#: 160-38-0574 NAME: William H. Hammann DEFENDANT/RESPONDENT SS#: 167-38-4968 F:ILEMlDOMESTIClHammann\SS Information Form.wpd """'"Fii ,,_ o. " ~-~.~iJ;,1- . . LYNNE A. HAMMANN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. . . :NO.OI -17(,1' CIVIL T~ WILLIAM HAMMANN, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IfYQU 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 d~Gfee of divorce PI' annulment may be entered against you by the court. Ajudgmentmay also be enteredllgainst you fQr any other claim or relief requested in these papers by the plaintiff. You may ItlSe lllOney or property or other rights important to you, including custody or visitation ofYQurchildren. When the ground for the divorce is indignities or irretrievable breakdowtl of the marriage, you may request marriagecounse1in!l- A list ofmarriage counselors is available in the Office of the Prothonotary, Dauphin County Courthouse, Harrisburg, 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 RlGHTTO CLAlM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALAWYRR OR CANNOT AFfORD ONE, 00 TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT 'WIiERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator CUmberland CQuntyCourthouse Carlisle, PA 17013 (711) 240-6200 ~, .' ,~, > "~L~ \ LYNNE A. HAMMANN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. CIVIL WILLIAM HAMMANN, Defendant : IN DIVORCE NOTICIA Le ban demandado a usted en Ia corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo aI partir de Ia fecha de la demanda y la notifiGaCion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y arcmvar enla wrte en forma escrita sus defensas 0 sus objeciones a !as demaadas en contra de su persona. Sea avisado que si usted no se defiende, la sin previo aviso 0 notiticacion y por cuaIquier queJa 0 alivio que es pedido enla petiGion de demanda. Usted puede perder dinero o sus propiedades 0 otros derechos importantes para usted. LLEVE ESTADEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SlNOTIENEELDINERO SQFICIENTEDEPAGAR TAL SERVICIO, V AYAEN PERSONA 0 LLAME POR TELEFONO ALA OFICINA CUYADIRECClON SE ENCUENTRA ESCRITA ABAJO PARA A VERlGUAR DONnE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, P A 11013 (717) 240-6200 " - , ." ,- ...1 '",k'~! I LYNNE A. HAMMANN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. a 1- n~'I CIVIL --r~ . . WILLIAM HAMMANN, Defendant : IN DIVORCE COMPLAINT 1. Plaintiff is Lynne A.lIammann, an adult individual who currently resides at810 TalIkron Drive, Akron, Ohio 44305. 2. Defendant is William Hammann, an adult individual who currently resides at 228 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 17, 1968 in Hershey, Dauphin County, Pennsylvania. 5. There have been no prior actions for divorce or annulment filed by either of the parties hereto. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 8. Defendant in this action is not presently a member of the United States Anned Forces or any of its allies. --r"'-,i '\ 9. Plaintift'requests the Court to enter a decree of divorce. COUNT I COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) OF THE DIVORCE CODE - NO FAULT 10. The averments of the preceding Paragraphs are incorporated herein by reference as if set forth again in full. WHEREFORE, PlaintHfrespectfully requests the Court to enter a ~ree of Divorce, pursuant to Section 3301 (c) or 3301 (d) of the Divorce Code. COUNT II EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 1 L During the course of the marriage, the parties have acquired various items of both real and personal property which are subject to equitable distribution by the court. WHEREFORE, Plaintiff peays this Court to equitably distribute the marital property pursuant to 23 Pa.e.S. ~3502. Respectfully submitted, MlLSPAW & BESHORE March 23, 2001 utherE. Milspaw, Jr., E Attorney ill #- 19226 130 St-ate Street, P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 \FAX (717) 236-0791 Emai1:L~Pitw@lnblawfirm.com Attorneys for Plaintiff ._" ""_,-1'<"" -"","',j, '" i ~ ~-'-~-fii VEIVFICATION I verilY that the statements made in the facts set forth in the foregoing document are 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. Section 4904, relating to unsworn falsification to authorities. Date: /;/~/oo ~/Vl/VW !"'9 ~I. ~~~ L A. Hammann ...< 7"'" "---' ill '!.,,: ~- ... ~ .. LYNNE A. HAMMANN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 01-1769 CIVIL WILLIAM IlAMMANN, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I certiJ)r that on March 27, 2001,a true and correct copy of the foregoing document was served upon the Defendant by depositing same in the U. S. Mail, First Class, certified, restricted delivery, postage pre-paid, return receipt requested, and a second copy was placed in regular U.S. Mail, First Class, postage pre-paid, addressed as follows: William Hammann 248 Walnut Bottom Road Carlisle, PA 17013 M1LSPAW & BESHORE ~lkk Legal Assistant to Luther E. Milspaw, Jr. 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 "^ '-"-" "'-". ."'-'- ,'"'>'J~'<' ," ,-.; '" . - '~'-""';;i . LYNNE A. HAMMANN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 01-1769 CIVIL WILLIAM HAMMANN, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, WILLIAM HAMMANN, accept service of the Complaint in Divorce which was filed on March 26,2001 in Cumberland County Court of Common Pleas. Date: -.30 /'14t;cfl 20-0 I p// WILLIAM HAMMANN '-N"-~:;,J ,I . 'I l YNNE A HAMMANN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVil ACTION - lAW WilLIAM HAMMANN, Defendant NO. 2001-1769 CIVil IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY Please enter my appearance on behalf of the Defendant, William Hammann, in the above-captioned matter. j ! -j ) Respectfully submitted, O'BRIEN, BARIC & SCHERER " II By: r )~~ Robert l. O'Brien, Esquire Attorney for Defendant LD. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Date: IO(/~ltll rlo.dir/domestic/hammann .app ~ ,. -: . l YNNE A HAMMANN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVil ACTION - lAW WilLIAM HAMMANN, Defendant NO. 2001-1769 CIVil IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on October I <0 ,2001, I, Robert L. O'Brien, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe for Entry of Appearance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Luther E. Milspaw, Jr., Esquire Milspaw & Beshore 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 'J<~ Robert L. O'Brien, Esquire . ""~ , ,,"'" .....~, iliiiiIifn "o_~_ .~ ~"~'"_.I-~","~-,, """:"'I~;," "'- " 1 f I ~. , ,-- ~ "'". ,~ ~ "~ '"V_" -,,-->, ..". -'~" <',," s: , (-, ~; c.~~- -;..c r-I'~ ' ~? U::~ U':-, -", <;5;~ - - I~." ~ 11- .,j jl;..~~ ~"_k;'~ '" , .. , LYNNE A. HAMMANN, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW WILLIAM HAMMANN, Defendant NO.2001-1769 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 3" day of ~ , 2002, the Plaintiffs Motion for Hearing on Alimony Pendente Lite is referred to the County Domestic Relations Office for a hearing. J. ~rt L. O'Brien, Esquire Attorney for Plaintiff .A'Uther E. Milspaugh, Jr., Esquire Attorney for Defendant /- L~ o <f -03 -0;;" ,...i""'"''~_~i:ilfl:;~~"Iffi~ill~j~~~!I:o.,_Jlcl;[1hA(''_i''' ":.,i~~"_)""','d':;i",,",I,,,""*-'~!~""b'i"-""~-~ , VlN\ft\lASNN3d AlNIl08 CiW1838V'lnG 9t: :2 Wd 8- ~dV GO ),,1J'11'" ,..... , ." I' ." Q\ t;N\.Ji -L.i)~J~Jd ~1:-''ll :lu j81:!JO-O:flU -,'~ . . ~,- .,~-~~",'~"'-""."-'~, '"''',~",,-, .,," ',' .~",,^~. v ..'_" "..'.0 ,_. ~ ...,,,,- ~- "''"'''- '._'~"_b~ .. ., " -, _.".~ . - " ; il -<-~,~~ "--- ,-~ ,l L J.K~i . , LYNNE A. HAMMANN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM HAMMANN, Defendant NO.2001-1769 CIVIL IN DIVORCE MOTION FOR HEARING ON ALIMONY PENDENTE LITE 1. Movant is Robert L. O'Brien, Esquire, attorney for the Defendant in the above-captioned action. 2. Defendant has filed a count for Alimony Pendente Lite in the above- captioned action. WHEREFORE, Movant respectfully requests that the Alimony Pendente Lite matter be referred to the County Domestic Relations Office for a hearing. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY:_~ Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/clients/hammann/apl.mot -~-- l~ "J , " lflllo""--.,i',:, . CERTIFICATE OF SERVICE I hereby certify that on April 1 , 2002, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Order of Court and Motion For Hearing On Alimony Pendente Lite, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 7{)/5~ Robert L. O'Brien, Esquire ,-, ,~j LYNNE A. HAMMANN, PlaintiIDPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE WILLIAM HAMMANN, Defendant!Respondent NO. 2001-1769 CIVIL TERM IN DIVORCE DR# 31682 PaeseS# 327104471 ORDER OF COURT AND NOW, this 10th day of May, 2002, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ. Shaddav on Julv 1. 2002 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191O.IW (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 5-13-02 to: Petitioner < Respondent Robert O'Brien, Esquire Luther Milspaw, Esquire Date of Order: May 13, 2002 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 " "'" ~~~~IiI'il;~III>I~ii!llllj,.\!ci~i"",-"'-'."!1;!~".~S,,,,".s';"'~':"T-",,~i~',",;&~;~~~~ "~> , _.. ~I_-- (") <::> .--, ~ C N " ?" 3: .-..-.-4' ""Ol.p :P> ::';'1;~ mm -< 2::r:'1 .--:rn ZC -:'5CJ ~~: .~ ;-) 1 !:2 CJ '::"'IC~ -0 --'l~' -~', >c' :x .;=;:.1J Z -' ~~c:) -==0 w :)!-,., Pc 3 ;;--1 :J"l ~ , ....l ,'". ~ ~ ~= -""-- , ,~"',,' ~ ;. J.r....lil~""'"",Lj ~ LYNNE A. HAMMANN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM HAMMANN, Defendant NO.2001-1769 CIVIL IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND AWARD OF ALIMONY SUBSEQUENT TO THE DIVORCE ACTION 1. Petitioner is William Hammann, the Defendant in the above-captioned divorce action. 2. Respondent is Lynne A. Hammann, the Plaintiff in the above-captioned divorce action. 3. Respondent filed the divorce action on or about March 23, 2001. 4. The Petitioner intends to have this divorce matter referred to the Cumberland County Divorce Master for disposition. 5. Petitioner requests that claims for alimony pendente lite, permanent alimony and attorney's fees be considered by the court in conjunction with the granting of the divorce action. WHEREFORE, Petitioner respectfully requests that claims in reference to alimony, alimony pendente lite and attorney's fees be considered in conjunction with the granting of divorce in this action. .~ ~,.j,. ~ii-I l Respectfully submitted, O'BRIEN, BARIC & SCHERER By: ~A..J..JA- Robert L. O'Brien, Esquire Attorney for Petitioner I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/domestic/hamman.pet -"'~ "~...~~ II J.,~ l'IIiI"IL~, \ I verify that the statements made in the foregoing Petition For Alimony Pendente Lite, Attorney's Fees and Award of Alimony Subsequent To The Divorce Action 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. ~~// William Hammann ~ " , ,~~..~bi CERTIFICATE OF SERVICE I hereby certify that on April 1 , 2002, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Petition For Alimony Pendente Lite, Attorney's Fees And Award Of Alimony Subsequent To The Divoce Action, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 , 12C)6.N D. Robert L. O'Brien, Esquire :";"'--;;"-'..:i'-'''- _~I~~IHl;J.;/;'!it1filHJI~K;,"mi"~1a,~,:~-,'-'~"'-",~,;1,,_+^~j.lIH",.,"-'l"~;@!tll>i;-Y;'~~ T ~ --""I ~~,,_"a"""_,,~"o .... ~ n ~,_,. ~. .".", - -=~~ ~ ~,^ ~..,~ = ,..... 0 .",.~.~~..~ __M"" -' () 0 1-:') " l'<-~,' ':j ~ r" g ---:-; ~ ~ ') , , (J< ~ 0 ..... ~ ~ ....", VJ ,s;:, ., ..c:: VI '4::> ',) ..... ~ t=. "C -+"- "" - ~ ::> J> ,.- 0 v' -J- '"~ ,... ~ r ,~ -^,"- '.: I ".,",L"_""IiOIi!I'iI1il'.d"j I@lIiI~IB:tri1__IUtililiijt~at'&\1ifia.Mtt~\~~]~~~1]f1f~i:i:Hrmt~Wmlt*t~rm~:H:~][t~M~tt*ttrr~}tM~tf~1~~Mtt;U1IMiWmiit$~l*r~$~~:~t~'%nlj . STATEMENT EFFECTIVE DATE NEW PAY DUE AS OF SSN .......... ................ ........... ......,.. .,.w.....,..... , JAN 10. 2002 FEB 01. 2002 167 38 4968 PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES 0; '~: '" b"", t"' i m: COL WILLIAM H HAMMANN USA RET 228 WALNUT BOTTOM RD POBOX 1353 CARLISLE PA 17013-3739 DEFENSE FINANCE AND ACCOUNTING SERVICE CLEVELAND CENTER (CODE PRR) PO BOX 99191 CLEVELAND OH 44199-1126 COMMERCIAL (216) 522-S955 TOLL FREE 1-800-321-1080 TOLL FREE FAX 1-800-469-6559 EMPLOYEE MEMBER SELF SERVICE O!/M.SS) hUps:/lemss.dfas.mil/cmss.html 1-877-DOD-EMSS (1-877-363-3677) )~pi" .R" ITEM ~:-;n :.. '1 :; d'..",,,, OLD ,,!$ <.:,m:r; "-"'Jf. NEW ITEM ...' . "J;!;': "'Iot. '-( OLD NEW GROSS PAY VA WAIVER SBP COSTS TAXABLE INCOME 3.942.00 l~~.Og 3.~il6:~2 3.942.00 1~9.00 2 6. 8 3.4 6.62 ------- FITW ALLOTMENTS/BONOS 406.04 354.79 29.87 30.71 Ot~tli I < <\ ~'irt. SWrvl ~ -~e,;;fcl NET PAY 3.050.71 3.101.12 ..PA ,"". 1D. R "!i':-t,~'P"" :"'.-t-';-i';;'I1,,'i*i>i;. iA:R;~.~l i.~" M '" /.':"_1, ::5i <~ L, " TAXABLE INCOME: FEDERAL INCOME TAX WITHHELD: 3.486.62 406.04 DIRECT DEPOSiT '. ,'1<. ~, :~ 1-,; ,~\ 1,_ ~Ji;-\i. i?-'. "";'::V~\'t;f ,'(,:." i~ j~ ~> 'i':~~~' ,~,";\f;;ff~" ~;'4;:".::~;;,," :i~h. '1" ..~t,., "., : FEDERAL WITHHOLDING STATUS: TOTAL EXEMPTIONS: FEDERAL INCOME TAX WITHHELD: MARRIED 01 354.79 .R :lV- R:' \ 'E': ~_,," p' '; "N ',~ :s:p,.. ~ 'R:.A' :: '.......s. ;,-':1"'.1, L__,:-"~:\':,4~f::,':,"..i";::r....:if!i;.>')\".;,'~':c,,i '.~~:<~~;Y.~3'';~l:t'" -"l~';'-?\l':,:,-,;~,~-:::~ij,::~"!"tA-' SBP COVERAGE TYPE: SPOUSE ONLY COST: SPOUSE ONLY 256.38 ANNUITY BASE AMOUNT: 55% ANNUITY AMOUNT: 35% ANNUITY AMOUNT: SPOUSE DOB: 3.944.~5 2.16~. 9 1.38 . 2 JUL 1 . 1946 THE ANNUITY PAYABLE IS 55% OF YOUR ANNUITY BASE AMOUNT UNTIL YOUR SPOUSE REA,CHES AGE 62. AT AGE &2. THE ANNUITY MAY BE REDUCED DUE TO SOCIAL SECURITY OFFSET. OR UNDER THE TWO-T I ER FORMULA. THAT REDUCT ION MAY RESULT I N AN ANNU I TY THAT RANGES BETWEEN 35% ($1380.52) AND 55% ($2169.39) OF THE ANNUITY BASE AMOUNT. THE COMBINATION OF THE SBP ANNUITY AND THE SOCIAL SECURITY BENEFITS WILL PROVIDE TOTAL PAYMENTS FROM DJAS AND THE SOCIAL SECURITY ADMINISTRATION OF AT LEAST 55% OF YOUR BASE AMOUNT. THE ACTUAL ANNUITY PAYABLE IS DEPENDENT ON FACTORS IN EFFECT WHEN THE ANNUITY is ESTABLISHED. ~ ~ ~ ~ ~ ~ :0 DFAS-CL 7220/148 (REV 03-01) HAMMA m ,,'....... ." ',"", .r ~ , , - , , LYNNE A. HAMMANN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-1769 CIVIL WILLIAM H. HAMMANN, Defendant : IN DIVORCE 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 Section 3301(c) ofthe Divorce Code. 2. Date and manner of service ofthe Complaint: via certified mail, restricted delivery on March 30,2001. Acceptance of Service filed with the Court on April 16, 2001. 3. Plaintiffs Affidavit and Defendant's Affidavit required by Section 3301(c) of the Divorce Code were filed with the Court on November 5, 2002. 4. Waiver of Notice of Intention to Request the Entry of a Divorce Decree under Section 3301(c) of the Divorce Code were signed by both the Plaintiff and Defendant and filed with the Court on November 5, 2002. 5. Copy of Marriage Settlement Agreement executed September II, 2002. 6. Military Retiree Account Statement. 7. Order Awarding Plaintiff 50% ofthe Military Retired Pay of Defendant. 8. Order incorporating terms and conditions of arriage Settlement Agreement. November 5, 2002 Lu er E. M spaw Jr., Esquire Attorney ill # 192 6 130 State Street, P. . Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff \ " ...;,0_.. ,)' ';i/"~ ~. -'!.o. _~ ' '0'<"" .~ .'. "'0~ , , LYNNE A. HAMMANN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-1769 CIVIL WILLIAM H. HAMMANN, Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 5th day of November, 2002, I, Elizabeth M. Patterson, Paralegal to Luther E. Milspaw, Jr., Esquire, hereby certify that I this day served the foregoing Praecipe to Transmit Record, by depositing the same in the U.S. mail postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, P A 17013 November 5, 2002 ~VhO~ Elizabe M. Patterson Dl:lii__l~Ii!,;ih~,~,omr~:m;tlI~~'''''''~l,,,,,''''''~O':fi(__*<~'ri'' ~ .~"~'.""""'''''''-'''iiIli ~ ~) Vj. . ~. -iii..'. -~ ~" r~ "'" ob"""'\~' ~-"- - ,~ \; " 0 C) c: r-'..J -:::t>- ~ '-, l~:' -, Q; ! -:'" ;~ i::- (~~. en -< ~; ~-~. C:' 5~t~ '~~ -/ ""> ::::i ;-...) ""'0 -< C:.' =< ~ .~ ~' ~ ,l:;i ~. '~9~_ LYNNE A. HAMMANN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 01-1769 CIVIL WILLIAM HAMMANN, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) and &330Hd) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I veruy 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. .&:::I"r'f?'t".<f~ //, ~cc:< ~// ~ Dated: WILLIAM HAMMAN, Defendant ~,1f: ., , .;!'iiI")'''' .~ _. . COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF'BAT:JI"HfN CuH\bCrlo.nd. On this, theJ 1m day of~tcrvtbL' .2002, before me, the undersigned officer, personally appeared WILLIAM HAMMANN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing document and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~~.rSh;~ Notary Public ,"' ;,_:.:,t;:;~i{J~~_~,":1 'i, ,'.m'#if'.o,.;Jlff I ";. ~:;~,l'<~~d:l~...;~ ~ : . ~"';' ~ !^i': ~):' <~:~>, ...., "..lliHvr.'.,,-;. h~7tt. "~:~~1J\ -. \';'" --,- ..(~ _. 7~::. \1~~, ,-::~..::, i~' < '~~_/~-~<~~'Syt.'-l.r.. ,v->\':':- ._'i 'i',_ '0 .~...... "':I,,"~" '-~':.'I,I l~n.,_> 9\\'Q \\\....... ", I, 'I I,,,, ,;;" ",~. NolaIIal Seli. PutllC Am8flIIaL.~=....._ Q\t\iSIeBolO uuw', MyO"..lisr...:,e.pileSApI".17.:IOO6 .~Ol~ t.\ombIf. "' 1Il$iIlM~lliti.<r"""~'1i"i%;<i4>M""t/.,_""'.Jii.,,,,#',_~..1II ~~~ - (") ~~ -"~-;'( , ri~ ;"'_~ .';'T -. ~7 ~- ;---'- '- -i~~ _', '-'-,.\ /-I-~' p' . '-'-""'''"--.".,, "'._',,~.-.- t.~';':~lltdt4-1 '~i<':':: :~tr(W1 ;!~}fi~4.j r~-'~~J:~ ',;".{ ~r,-'nt~~:}':j~) ':l't),~; 'M~Jy:'"i "i;.,>.P '.V/\ :~'I'_'-. ~""",;,*.t'tr-if;'f~.1~>>;,~ r'1~;~~';1~\,' f~tt::iI'_';' --,,/1;.0:. '::;:;~';:;;;1"i;;&\,~,;:~" 'Z.-~) '~~~ ,.'7.:.-.~ =2 f ~-~., ; ~ i'>c.:.i ~~~ C:J; '\"" , ,,:;-- -'] i""l ;~ i---J :~ ,-( l~'(, url , ~ -~-', '- ) , ';-1 ,-~' "-,- C,) ~. ';"0 CJ :I~ -< r, ',j~'~"""-'h:f' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LYNNE A. HAMMAN(}l , ) Docket Number 01-1769 CIVIL Plaintiff/Respondent ) VS. ) PACSES Case Number 327104471/D31682 EILLIAM HAMMANN, ) . Defendant /Peti tioner ) Other State ID Number Order AND NOW to wit, this NOVEMBER 4, 2002 it is hereby Ordered that: THE ABOVE CAPTIONED REQUEST FOR ALIMONY PENDENTE LITE IS DISMISSED, WITHOUT PREJUDICE, AS THERE HAS BEEN NO ACTION PURSUED THROUGH THE DOMESTIC RELATIONS SECTION SINCE THE CONFERENCE DATE OF JULY 1, 2002. DRO: RJ Shadday xc: plaintiff defendant Rob O'Brien, Esquire Luther Milspaw, Esquire ,_ ,\ ~;,~<~~ lf~::::~'i\:' "-: "" rr ~. '. I' l, "".." :"Je- t": I"',,.,':H':~ ir~dTtt;o" -- BY THE COURT: JUDGE Service Type M Form OE-OOl Worker ID 21005 ct./c LYNNE A. HAMMANN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 01-1769 CIVIL WILLIAM HAMMANN, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on March 23, 2001, and served by regular and certified mail on March 30,2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service thereof. 3. I consent to the entry of a final decree in 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. Dated: /0/ Yo./- LY~ 7 ~~~: P~ai:tiff "",I .~u,+~ " ~"..;' i-"'..'" ... " I ,-~, ,.,,--b~\i . STATE OF OHIO ) COUNTY OF (C};A/ll7/)??~7' ~ ss. On this, the /; ~ day of (}sI'~ , 2002, before me the undersigned officer, personally appeared LYNNE A. HAMMANN known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that the instrument was executed for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. &~/A) Ckwci'< 111"1, ..-1,11,;,::", . i J{ ''''II, ",' ublic ..... ("~"~i ';;~>" S~~J"'G N"'..,p....... '" ... ..,\;. ;......"". \.........0,'(. D-i..l____ W , -~1 YIRfti " ~ .. ,;'-, ~':' .,;'-,. ~ ,/ " '-'8um-.~ ' l!)..~', '., ""}, ,c,.... IIDI ,", ,j " ',' .,~. v '. State WKleJurisdiction OhIo i.V 1~) ',;, ~"i,\ 'jj"y. My Commission Exnj,.. "";; '8 2006 iJ'J./::::ii (. ; J :. ' ;,;. i ; '.'~ u. '.. \ ;:,':~:r;~:':"~': ".,:s:~,,';,:i?:1-:lIj) ." . I. ",~.fo:':o'; /~'!/ .J ~!'l"<"" // ,-"",?fJ-;?I~"""'....f~ ,/',' ~::'r~,::f~jrii'~W(" "('J' ~~-~,c" 1,.;,_,., ,". -... ~~,~_<..;L.,~, Iim~"" ""iiKt_~~$lc"""""'.y"Id.~~~.IiI "_. 'l..-<. ~-~'" ~ai:iili:~Il.~ - <l"iW"Jl o ~ ." -oi:I' ~',~~~- 2: l, S:,~> r::::C~ 2:ec ~~?~;. :;:: C:-'i f'...,) ,0<_ (:~ (; ';n c) -""'~... - - ~"') c:::> ~.. , 'I i: II . c~' '1> ~ ~~ , " <,_0. _ ;;.- '",-",4''01J1 LYNNE A. HAMMANN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 01-1769 CIVIL WILLIAM HAMMANN, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER l\330Hc) and &330Hd) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, ~4904 relating to unsworn falsification to authorities. Dated: /f} Ilflo.L / { L~.'>~:ANN, Pl~ntiff v c '':= -' -" --~-" ,-,".'--,-", - -.-, I.b,- -.'''-~- :J . II; STATE OF OHIO ) o 'j- ) ss. COUNTY OF U::r1777/l)f, ) On this, the </ti day of Wt>/;eJJ , 2002, before me the undersigned offict::r, personally appeared LYNNE A. HAMMANN known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that the instrument was executed for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. I::! I"~ :L Ii Notary Public SUSAN E. LADWIG, Notary Public Residence. Summit ~ State Wide Jurisdiction, Ohio My Commission EXpires Feb. 28, 2006 I, i:'; iii !~ fj Ii !~ l~ ::; I;': ~MIli'iI~~i~4$"'jojtl';'>,*,",",,~'.$~""'O~M" t~..c,.,'o_.IL~._ ~~ ~< -".~. .~ ~. ~~ -~-- "-~ ~. ~. , IJl:Ii" llih'.I!!IIII I_~". "".~i -. " . 0 {~ ,::> t= i",,} oil i:r.- 2 -u C.) '. n"{ , " ""'- n Z :T ,- Z r G.; ~J N, ~ . C~) r:: i:::, :1";!O' _.;_.; )> , .. -~.. ..) (~) ~ .' rr, :;;;:c. nnn .~/ ::;: ':2 :"'-) ::;::) (=1 -< 00 l! ~h~~t~w?iT\,~{ti;]?i1lE~j;!;%:N:g1,1f:i~)I*}1Y$fj~)S.:0-:?\'~~:~?3f'.- - " Z ~ o ~ 15 ...l_U '0", i:.:: c c OO.s~ .... 0 " E-<~.c i:.:: '" S ~ 0 U U I....... tY CIl ~+' (])M .(])...... Cl-io (])+'" -r-IU)...-4 l-i 0<'<:: . -+'<0 o ail< .CJl . ...:i (]) +'0-1 -l-J(I)(I) l-i(])-rl (]):;<o-I il" ~ O:;......u " aM 0_ rZ~ ,,- ~ 15~ ,s loo<.!E 15 ~ u~ 1JU o ""'=g'*k';;g~tWs1W~)!g1l;g:f:t~&;~r:i;::FJj;:f;$irsif,~:p:ii!jrsmtN~~j;~ , J _ I. ~_ 1_ - '-~- ,-"i,,_ ~.; "v '. ,~-,~">,,~ _ - _ I ~ __1;, . LYNNE A. HAMMANN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 01-1769 CIVIL WILLIAM HAMMANN, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301( c) ofthe Divorce Code was filed on March 23,2001, and served by regular and certified mail on March 30,2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service thereof. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated: :x:;"r<::7Jtd~ II, ,<co;>. ~// WILLIAM HAMMANN, Defendant ",,1,"1 '" ~"lWi' , , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAllPHIN c'l.Lf"VLberl a.nd 55. : On this, the I I tD day of .se.pt:c VVL b cv . 2002, before me, the undersigned officer, personally appeared WILLIAM HAMMANN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing document and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~~~~ Notary Public NoIllItaiSell AmInda L FIsher, NalIIyPllllllc Cadlslellalo. Cln1beIli1lldCllunly MyQ.I\IIW"nEJpllllSApr. f7.2006 Meinber. PennaylvanIt Ate--lat'IIj" OINa18118a - ,"- jj,T. ~(t~\~.~ v.;i , '... .,......~,.. ~ ......- "I;il?Y f(U"V ,,"'.... ~~~~~~W~il~tilIlfiI~i/.i,Wi:ir,~,"'iO!_,,;'i"'. ,iti>:<O>~"",-'Mful~JJlliMlliir""""""""~~' ~ ''"'.;,., ,"",~",,,,,,,,'~~~,'-"""'~~'~--....r_~llillIliIii.llli$lil .~ ~~ .", ~'-'''''"''-~'- ,~'~-_... ',-"",.'-'.'--- ~*; l;~nf_1O~~ :@l;~l \'lIllfJWI ,~::n ..J 1bo1ffllA '(tIWy.;;.., i t1'tiiJ\~:~::trr~J;J- ,Q'il.18 f.~~mt~) i~,'~ ~ ,1qJl.~;Ji,.jll:JflOi?~~~.~ .....-.--, ,'''.........'''''"'',''.........-.--.''''.......--:.--,.,.-,) -mlAA.Wi''1i.J OOW"~j,'jji. ~f<\'t(~~ .m:_'tfl~'~ f' "'~ .H I" ~ c C ? -:~l;__~ . !!oll' 2::~ ~~- ~~~, 5~i ~"') ., :':,:) ....... r;___~ 1-~-~" .') ~~,) ;,~'- :Xj '-. \"-.) <.:l , . <::::;:, ~ " ,- -~ 'h,.I-." ,,' .'. ;,_,.,'-,,1- -I~- - I':~ . , I LYNNE A. HAMMANN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-1769 CIVIL WILLIAM H. HAMMANN, Defendant : IN DIVORCE ORDER AND NOW, this ~ day Of~, 2002, upon stipulation ofthe parties, IT IS ORDERED that the terms, conditions and obligations ofthe parties as set forth in the Marriage Settlement Agreement dated the 11 th day of September 2002, as attached hereto, incorporated herein and filed of record, are approved and the parties are directed to comply therewith. The Court retains jurisdiction over this matter as provided by law. BY THE COURT: ~ J. i;-"""'~'~-ibiilir. ,\"",,'''-';?t<4J\,",,d''~ ";~~"~~~j!;t;~,-a'';iiE It. '~\,; ~.- ,..,"~, < ,~" ~d"',.""""'" " _ ~ _=~ _'~'~. "'''T, _ ,=,_, ,,~ . h_<_"',,,,~ - ~ - ',- j", ~.:t_,:,.._; , .', r'W~ V1NV/\lA.SNN3d JJNn08 Qt'f';:l;,':EJ8!"Ino 9 ~ :01 t{~ n iHJN 20 J.!:f\ilO"(" ',. , ',. , ,'\' "'~ I \ Ir-~,-: . ;'" , ~ ~I '__..._~ ~""'. jou.-~C)--Oj"ilj ~ , ,- ~. ~^ - .:10 , ",' ,~"," ,'"< .--. "~~;~ ....iWlillid J'~ .-~.=, ' .. ~ J. '\ . ; ~. , ~~~ "-~~ .. . , ~. ~ -~, 1- :..0.; _;~ LYNNE A. HAMMANN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-1769 CIVIL v. WILLIAM H. HAMMANN, Defendant : IN DIVORCE ORDER AWARDING PLAINTIFF FIFTY PERCENT OF THE MILITARY RETIRED PAY OF DEFENDANT AND NOW, this ~1-. day o~ ' 2002, upon stipulation and agreement of the parties, IT IS ORDERED as follows: 1. The Plaintiff Lynne A. Hammann as Former Spouse of Defendant William H. Hammann, a Member retired from the United States, is awarded fifty (50%) percent of the military retired pay of Defendant. 2. The Plaintiff is to be irrevocably designated by Defendant as the Beneficiary on the Defendant's Survivor Benefit Plan coverage within 30 days ofthe date ofthis Order. 3. This Order is intended to be a division of military retired pay under the provisions of the federal Uniformed Services Former Spouse Protection Act, as amended. 4. The right of Plaintiff as Former Spouse of Defendant to receive a portion of the military retired pay of Defendant, is acknowledged and ratified. 5. This Order enforces that part ofthe Marriage Settlement Agreement between Plaintiff and Defendant dated September 11, 2002, relating to equitable division of military retired pay as marital property, and relating to the Plaintiff's irrevocable designation as Beneficiary on the Defendant's Survivor Benefit Plan ..,~, I _ ~ 0 ~ ~--I ~, . . . coverage. 6. The Plaintiffi'Former Spouse's date of birth, Social Security number and mailing address are: A. Date of birth: July 18, 1946; B. Social Security Number: 160-38-0574; C. Address 810 Tallkron Drive, Akron, Ohio 44305. 7. The Defendant/Member's date of birth, Social Security number and mailing address are: A. Date of birth: January 22, 1947; B. Social Security Number: 167-38-4968; C. Address: 228 Walnut Bottom Road, Carlisle, Pennsylvania 8. The Court retains jurisdiction over this matter as provided by law. J. I 2 ,-<':'--'-' ,""; - " ~ ..^ -"-,~ ,'-' .. '''' ~lIilM~~ll!i!I~~;,a4i!J,i.:"t!ii~,;tHW~,'~li,.n,,~!...d.llli "., .'~ , '''~ ~~" -,'~-~~ :";-,. ~~ VlNVI\lASNN3d AlNnCo :J~t:0!:i38itVnJ 9'J :O/!i~ n liON 20 )..!:JVIO'l(j','",'; ;\,: i :':1): :1(" I' , -i-\'.-i-'~"'l _/1 i... I "'''''"j~n-']:rl,"J "" .'J..),.,...... t....li, ,,~, "" <- J1Il.~ '~""'I L' . , . , , ~ ,,' , -, I i' ~ I, _ ~. i ',",. :'_ , , 'b _"!"i'~! . LYNNE A. HAMMANN, Plaintiff v. ; IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 01-1769 CIVIL WILLIAM H. HAMMANN, Defendant : IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT +1-. Sepfe""k...- THIS AGREEMENT is made this ~ day of. fitl-gtlst, 2002 between LYNNE A. HAMMANN, of Akron, Ohio hereinafter referred to as "Wife" or "Former Spouse" or "Plaintiff', and WILLIAM H. HAMMANN, of Cumberland County, Pennsylvania, hereinafter referred to as "Husband" or "Member" or "Defendant". In consideration of the mutual undertakings herein contained, and intending to be legally bound hereby, the parties agree as follows: ARTICLE I STATUS OF PARTIES 1.01 Marriage. The parties were married on August 17, 1968, in Hershey, Dauphin County, Pennsylvania, and ever since that date have been, and are now, husband and wife. 1.02 Separation. The parties are now living separate and apart, and consider June 6, 1999 as the "Date of Separation". The Wife presently resides in Akron, Ohio and the Husband presently resides in Carlisle, Cumberland County, Pennsylvania. 1.03 Interference. Each party shall be free from interference, authority and control of the other as fully as ifhe or she were single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the - ,.....Jo ~""~" , . I "'11;1 .' , other, or compel the other to cohabit with the other or in any way harass or malign the other, or in any other way interfere with their peaceful existence, separate and apart from the other. ,1.04 Children. The parties have three children born of their marriage, William Thomas Hanunann, Jefferson Guy Hanunann and Elizabeth Ellen Hanunann, all of whom are adults at the time ofthis writing. ARTICLE II CONSIDERATION AND PURPOSES 2.01 Consideration. The consideration for this 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. 2.02 Settlement ofPronertv. It is the purpose and intent of this Agreement to settle forever and completely the interests and obligations ofthe parties in all separate and marital property as between themselves, their heirs and assigns. The parties have attempted to allocate and divide the marital property in a manner which conforms to a just and fair standard. As used herein, the term "marital property" shall include all property so defined by Section 3501 of the Pennsylvania Divorce Code. ARTICLE III PROPERTY SETTLEMENT 3.01 Personal Property Division. The parties have divided to their mutual satisfaction all tangible items of personal property. Subject to this agreement, upon and after the date of 2 r'~ - ~ .'1........, /-h): execution of this Agreement, Husband shall own, have and enjoy as his separate property, all that personal property, including rnotor vehicles, in his possession, and Wife shall own, have and enjoy as her separate property, all that personal property, including motor vehicles, in her possession. 3.02 Real Prooertv. The parties presently do not presently own any real property together. 3.03 Debts and Obligations. Each of the parties shall assume all debts and obligations presently in their individual names, and shall indemnify and hold the other harmless from said debts and obligations. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of separation. If any clairn, action or proceeding is hereafter brought, seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding whether or not well-founded, and indemnify the other party against any loss resulting therefrom. 3.04 After Acquired Personal Prooertv. Except as provided in this Agreement, each of the parties hereafter own and enjoy, independently of any claims or right ofthe other, all items of personal property, tangible or intangible, acquired after June 6, 1999, or hereafter acquired by him or her, with full power in hirn or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 3.05 Full Disclosure. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature whatsoever and 3 i k I, ~~;>,:ki.'j " , that such property is subject to no mortgage, pledge, lien, charge, security interest, encumbrance, or restriction, except those which are disclosed herein. Each party further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of marital property without the prior consent of the other. 3.06 Fair Division ofProoertv. By this Agreement the parties have intended to effect a fair division of their marital property. The parties have determined that the division of such property hereundcr conforms to a just and fair standard with due regard to the rights of each party. The parties agree that the division of property herein is proper and complete division of their marital property under Chapter 35 of the Pennsylvania Divorce Code, and each party hereto renounces and waives the right to bring before any court in any jurisdiction the matter of division of their marital property, except as provided in this Agreement. The parties agree to cooperate in executing any documents or taking any steps necessary to effectuate a transfer of title to said property. 3.07 Pensions. The parties were married for 10 years or more (August 17, 1968 to the present) while thc Husband as Member performed 10 year or more of military service credible for retirement purposes, as a result of active duty with the United States Army from July 3, 1975 until February 28,1999. Husband as "Member" is entitled to military retired pay as set forth on the "Retiree Account Statement" dated effective January 10, 2002 and attached hereto as Exhibit A. Husband and Wife agree that Husband's military retired pay is property subject to equitable distribution in thcir divorce action, and commencing effective July 1, 2002, they agree to equally divide Husband's monthly gross retirement payment, including cost of living adjustments 4 lilii- - ,-,-1- ,j --I ok....._,,; .' , ["COLAs"], after deducting the V A 20% disability waiver allotment of no more than $199.00 plus any COLA adjustment), and less the Survivor Benefit Plan Premium costs. The current payment as agreed by the parties as of July I, 2002, would be $1,743.31. An Order shall be entered in these proceedings in form and substance as set forth at Exhibit B hereto awarding to Wife as "Former Spouse" an amount consistent with this agreement, the payment to be made as a direct payment from the Defense Finance and Accounting Service ("DF AS"). All appropriate forn1s will be executed by the parties for that purpose, including the DD Form 2293. The parties recognize and understand that for the Order to be acceptable and honored by the DF AS, the percentage award must be calculated as a percentage of the Husband's "disposable retired pay," which the parties understand is currently $3,486.62 (Gross pay of $3,942.00 less VA waiver allotment of $199.00 and Survivor Benefit Plan Premium of $256.38). Accordingly, the WifelPlaintiff/Former Spouse is to be awarded 50 percent of the Husband/Defendant/Member's military retired pay. Husband agrees not to merge his military retired pay with any other pension nor to waive any portion of his retired pay in order to receive a higher percentage disability pay. The parties agree to stipulate to the amendment of the Order as necessary from time to time to comport with this agreement. If 50 percent of the Husband/Defendant/Member's military retired pay is less than is required by this agreement, he shall pay Wife the difference directly on a monthly basis. If 50 percent of the Husband/Defendant/Member's military retired pay is more than is required by this agreement, Wife shall pay Husband the difference directly on a monthly basis. Pending the implementation of the direct payment, the Husband will pay the said monthly sum directly to Wife, beginning with the sum of$I,743.3l payable as ofJulyl, 2002. ~"~, .' ,~~ -- - j-L ~b,,~ The parties agree that the Husband/Member will irrevocably elect Survivor Benefit Plan coverage for Wife/Former Spouse and such agreement will be ordered, ratified or approved by court order in the divorce action. Husband/Member will take all actions necessary to make the election on or before September I, 2002, or 60 days from the date of the divorce, whichever is later. In the event that the Wife predeceases the Husband, she agrees to irrevocably designate one or more of the parties' children or grandchildren as the successor(s) to the direct payment of her portion of the military retired pay. In the event that direct payment of her portion ofthe military retired pay to her designee is not possible, or if said portion is discontinued as a result of her death, the Husband agrees to make payment directly to the designee of what would be the amount of Wife's portion were Wife still alive. The designee shall be deemed a third party beneficiary of this agreement for purposes of enforcement of the obligation. Should Wife in the future, as the result of pending or future legislation, become eligible for benefits as 'FoITIler Spouse" of Husband as "Member" that are not currently available, Husband agrees to cooperate with Wife to secure such benefits. The full amount of Wife's retirement and/or pension through her employment with the University of Akron shall be and remain her separate property and Husband hereby waives any and all interest he has in said plan. The full amount of Husband's retirement and/or pension with the Presbyterian Ministry will remain his separate property and Wife hereby waives any and all interest she has in said pensIOn. 6 ,..~.""" ~ i ,.1 - " 1, O'~i.1- .' , ARTICLE IV WAIVER OF ALIMONY, ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT 4.01 Alimonv. Alimonv Pendente Lite and SDousal SUDDort. Neither the Husband nor the Wife will claim and hereby waive alimony, alimony pendente lite and spousal support. It is specifically understood and agreed to by each party that this provision together with all the other provisions made herein by this agreement are in full settlement and satisfaction of any and all rights of each party against the other for present or future claims on account of alimony, alimony pendente lite, support and/or maintenance. The parties agree that the current Petition for Alimoney Pendente Lite before the Domestic Relations section of the Court of Common Pleas of Cumberland County, shall be discontinued by the Husband. ARTICLE V TAXES OF HUSBAND AND WIFE 5.01 Federal Income Tax Returns. Husband and Wife each concur that they have filed individual income tax returns for the years 2000 and subsequently. Any tax owing or refund due because of any such return shall be the sole obligation of or property of the party filing said return. ARTICLE VI FEES AND COSTS 6.01 Attorney's Fees and Other Costs. It is agreed that each party shall be responsible for their own attorney's fees and any other costs incurred in connection with their separation, divorce, division of property and any related matters. 7 ~o ~ .. . ---I , ~--.J_..i. .' , ARTICLE VII GENERAL PROVISIONS 7.01 Aoproval bv Court. This Agreement will be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania in the action for the divorce of the parties, with the request by both parties for its approval and inclusion as a separate order as part of the Decree of Divorce granting said divorce. The form and ,substance of such separate order is attached hereto as Exhibit C. Said inclusion shall not constitute a merger with the Divorce Decree, but shall be entered as an Order for enforcement purposes only. 7.02 Agreement Voluntary and Clearlv Understood. Each party acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision ofthis Agreement; and (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 7.03 Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred 8 ,'"' 1_ ~ . ~ '"' I I 1] J....,"'''''''''......".,., " , relating to or arising frorn the marriage between the parties, whether under the Pennsylvania Divorce Code or otherwise. However, neither party is relieved or discharged from any obligation under this Agreement or under any instrument or document executed pursuant to this Agreement. 7.04 Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those 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 hereafter initiated seeking to hold the other party liable for any such other debt, obligation, 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 resulting therefrom. Damages, as used herein, shall include any claim, action, demand, loss, cost, expense, liability Goint or several), penalty and other damage, including without limitation counsel fees and other costs and expenses reasonably incurred in investigating or in attempting to avoid same or oppose the imposition thereof or in enforcing this indemnity, resulting to Husband and Wife from (a) any inaccurate representation made by or on behalf of either Husband or Wife to the other in or pursuant to this Agreement; or (b) breach of any of the warranties made by or on behalf of Husband or Wife in or pursuant to this Agreement. Husband and Wife shall reimburse the other on demand for any payment made by such party at any time after the execution of this Agreement, based on the judgment of any court of competent jurisdiction or pursuant to a bona fide compromise or settlement of claims, demands, or actions, in respect of any damages to which the foregoing indemnity relates. Husband or Wife agrees to give the other prompt written 9 "'"' ~ " , , " 1 ,l ,~~ .~{, j~ .' notice of any litigation threatened or instituted against either party which might constitute the basis of a claim for indemnity by either Husband or Wife against the other pursuant to the terms of this Agreement. 7.05 Waiver of Rights to Other Partv's Estate. Husband and Wife each hereby renounces and waive any and all right: (a) To inherit any part of the estate of the other at his or her death, unless bequeathed Of devised pursuant to a Will or codicil. (b) To receive property from the estate of the other by bequest or devise, including rights under a testamentary trust, except under a Will or codicil. (c) To elect an elective share in the estate or other property or income of the other, whether under Chapter22 of the Pennsylvania Probate Estates and Fiduciaries Code or otherwise under the laws of any other jurisdiction including the State of Ohio. (d) To act as a personal representative of the estate of the other on intestacy, unless nominated by another party legally entitled so to act. (e) To act as a personal representative under the Will of the other, unless so nominated by a Will or codicil. (f) To receive proceeds of insurance on the life of the other, if the insured at death had the right to change the beneficiary, except pursuant to a beneficiary designation. (g) To be a trustee of or to receive income or principal under any trust established by the other, unless established or confirmed in writing by the other. 7.06 Representation of Parties bv Counsel. Wife has been represented by Luther E. 10 ~ .- .~~ I l.' L,.&.,,<.i;>!.mL.t;i' " Milspaw, Jr., Esquire and Husband has been represented by Robert L. O'Brien Esquire in connection with the negotiation, preparation and review of this Agreement. This Agreement has been fully explained to each party. Each party has carefully read this Agreement and is completely aware, not only of its contents, but also of its legal effect. 7.07 Interoretation of Agreement. This Agreement should be interpreted fairly and impartially and not strictly for or against either of the parties. 7.08 Execution of Other Documents. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, a Stipulation for a Qualified Domestic Relations Order (if necessary), and do or cause to be done any other acts and things as may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of such failure, including but not limited to those reasonably incurred to enforce compliance. 7.09 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 7.10 Partiallnvaliditv. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 7 .11 Waiver of Breach, The waiver by one party of any breach of this Agreement by the 11 ~ ,.i.j .' other party shall not be deemed a waiver of the same or of any other provision of this Agreement. 7.12 Amendment or Modification. The provisions of this Agreement may be amended or modified only by a written instrument signed by both parties. 7.13 Successors and Assil?l1s. This Agreement shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. 7.14 Multiple Counternarts. This Agreement may in executed in multiple counterparts, each of which with signatures of both parties, shall constitute an original. 7.15 Law Governing Agreement. This Agreement shall be govemed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands on the date and year first above written. WITNESS: , C?JA1/7I!~d .:r....,.j pC} .r.l.~ ~.~- ~ LeA. H_ann Ku6M-J2-- //~ff William H. Hammann 12 ,~- ~"""'"" 'I ,. ... STATE OF OHIO COUNTY OF 3~ ss d. rJ:1>JA On this, the It!:.. day of~ ~ 2002, before me, the undersigned officer, personally appeared LYNNE A. HAMMANN, known to me to be the person whose name is subscribed to the foregoing document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~.&m:mit Slate Wide Julilldicf My Comnission Expires COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND ~tu"nbev On this, the I f'W day of AtigHst, 2002, before me, the undersigned officer, personally appeared WILLIAM H.lIIAMMANN, known to me to be the person whose name is subscribed to the foregoing document and acknowledged that he executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~~~ 4:t~ Notary Public Noll\lIaISeaI M1II\'llIllL. Floher, NaIalY~. 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