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HomeMy WebLinkAbout03-3701RONALD E. HOOVER, SR., Plaintiff MARY LOU HUSARUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM 1N DIVORCE NOTICE TO DEFEND 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 Prothonotary at the Cumberland County Court House, High and Hanover Streets, 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 Phone: (717) 249-3166 or (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. RONALD E. HOOVER, SR., Plaintiff MARY LOU HUSARUK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03" 3qo~ : CIVIL ACTION - LAW : NO. CIVIL TERM : 1N DIVORCE COMPLAINT UNDER SECTION 3301(c~ OF THE DIVORCE CODE 1. Plaintiff is Ronald E. Hoover, Sr., who currently resides at 52 Marsh Drive, Carlisle, Cumberland County, Carlisle, Pennsylvania, 17013. 2. Defendant is Mary Lou Husaruk, who resides at 920 North Indiana, Apt. #3, Porterville, California 93257. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on May 9, 2003 in Tehachapi, Kern County, California. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divome. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, Date: Michael J. Whare, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attomey for Plaintiff, do hereby certify that I this day served a copy of the Divorce Complaint upon the following by depositing same in the United States mail, First Class Mail, Certified, Restricted and Return Receipt Requested, postage paid, at Carlisle, Pennsylvania, addressed as follows: Mary Lou Husaruk 920 North Indiana, Apt. #3 Porterville, CA 93257 Date Attorney for Plaintiff RONALD E. HOOVER, SR., Plaintiff V. MARY LOU HUSARUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3701 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 31, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. D~te MAR~ L, '~USARUK RONALD E. HOOVER, SR., Plaintiff V. MARY LOU HUSARUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3701 CIVIL TERM IN DIVORCE WAIVER OF INTENTION TO REQUEST ,ENTRY OF A DIVORCE DECREE UNDE,~. § 3301~c) OF THE DIVORCE CODF 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 VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 LD E. HOOVER, SR. RONALD E. HOOVER, SR., Plaintiff V. MARY LOU HUSARUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3701 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 31, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 RONALD E. HOOVER, SR. RONALD E. HOOVER, SR., Plaintiff MARY LOU HUSARUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3701 CIVIL TERM IN DIVORCE WAIVER 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. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE iN THE FOREGOING 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. MARY' LO~ HUSARUK MARRIAGE SETTLEMENT AGRF~MENT made this ~ n~/day of ~'~c~/C/// ,2003 by and Tills AGREEMENT between RONALD E. HOOVER, SR~ hereinafter referred to as "HUSBAND" and MARY LOU HUSARUK, hereinafter referred to as "WllVE''. WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on May 9, 2003; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of thek natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obhgations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and eqhitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution ofpmpetty and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~D~ ~tf day of ~/C~/ , 2003 by and between RONALD E. HOOVER, SR, hereina.Qer referred to as "HUSBAND" and MARY LOU HUSARUK, hereinai~er referred to as "WIFE". WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on May 9, 2003; and WI~IREAS, diverse, unhappy differences, diSPutes and difficulties have a~'isen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and eclttitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~o~ ne/day of ~'c'/c~/ , 2003 by and between RONALD E. HOOVER, SR, hereinafter referred to as "HUSBAND" and MARY LOU HUSARUK, hereinafter referred to as "WlleE". WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on May 9, 2003; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property fights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties acknowledge and confirm that they have no joint debts or obligations. 3. PROPERTY: except as herein provided, the parties agree that they have previously divided their I>ersonal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, ail items of personal property of every kind, nature, and description and wherever situated, which are now owned or held by or which-may hereafter belong to the HUSBAND or WIFE, with full power to HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as he or she were unmarried. 4. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony, alimony pendente lite or spousal support before or al~er any divorce which may be granted. 5. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken. Both parties will execute wldatever final documents are necessary to obtain the divorce as soon as possible after the execution of this agreement. Both parties will be responsible for their own legal costs and fees incurred in the divorce. 6. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each'Darty may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 7. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by court. 8. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 9. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the p .a~ties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. HUSBAND'S legal counsel is Michael $. Whare, Esquire. WIFE has had opportunity to seek the advice of independent counsel, and if she does not seek the advice of counsel, she waives her right to do so freely, knowingly, and intelligently. 10. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 11. APPLICABLE LAW: Both parties agree that this agreement and the divorce proceedings shall be construed under the laws of the Commonwealth of Pennsylvania. Both parties agree that Cumberland County, pennsylvania has jurisdiction over the parties for purposes of granting a divorce and for any enforcement action under this agreement. 12. This agreement is binding upon the heirs, administrators, executors and assigns of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day an year first above written. to usa ' / ' Witness Ronald E. Hoover, Sr. RONALD E. HOOVER, SR., Plaintiff MARY LOU HUSARUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3701 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Mary Lou Husaruk, acknowledge and verify that I received service of the Complaint in Divorce on or before August 25, 2003. M~ry ['J~u Husaruk RONALD E. HOOVER, SR., Plaintiff MARY LOU HUSARUK, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIV1L ACTION - LAW NO. 03-3701 CIVIL TERM IN DIVORCE TO THE PROTHONOTARY: decree: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry ora divorce 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: July 31,2003, Acceptance of Service signed by Defendant. 3. Date of execution of the affidavit of consent required by § 3301(c) or The Divorce Code: by the PlaintiffNovember 10, 2003; by the Defendant November 11,2003. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 25, 2003. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 25, 2003. Date: November 25, 2003 Michael J. Whare, E~'qfiire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 89028 Attorney for Plaintiff 1N THE COURT OF COMMON PLEAS OFCUMBERlaNDCOUNTY STATE OF PENNA. Ronald E. Hoover~ Sr. VERSUS Ma=y ~0~ Nusaruk N O. 03-3701 DECREE IN DIVORCE AND NOW,~ ~ DECREED THAT Ronald E, Hoover, Sr. , IT IS ORDERED AND , P I,AI NTI FF, AND Mary Lou Hu.qaruk , 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; None_ merqed with th~ D~vor~ BY E COURT: ~ ~ - // PROTHONOTARY