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HomeMy WebLinkAbout03-3736In the Court of Common Pleas of Cumberland County, Pennsylvania JAMES R. HEGEMAN, Plaintiff, VS. LAURA T. HEGEMAN, Defendant. ) ) No. 2003- ) ) CIVIL TERM ) 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 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: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania JAMES R. HEGEMAN, Plaintiff, VS. LAURA T. HEGEMAN, Defendant. ) ) ) No. 2003 - ) ) CIVIL TERM ) IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9509 In the Court of Common Pleas of Cumberland County, Pennsylvania JAMES R. HEGEMAN, ) Plaintiff, ) vs. ) No. 2003- 3 ) LAURA T. HEGEMAN, ) CIVIL TERM Defendant. ) IN DIVORCE COMPLAINT 1N DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by his attorney, Michael S. Travis, respectfully represents: 1. Plaintiff is James R. Hegeman, who resides at 4408 Royal Oak Road, Camp Hill, Cumberland County, Pennsylvania, 170l 1, since August 2003. 2. Defendant is Laura T. Hegeman, who resides at 4067 Caissons Court, Enola, Dauphin County, Pennsylvania, 17025, since August 2003. 3. Plaintiffhas been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on June 15, 1985, in Cumberland County. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart. At a subsequent time, Plaintiff may submit an Affidavit that the parties have lived separate and apart for at least two (2) years. 8. 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. 9. Neither Plaintiff nor Defendant are in the Military Service in the United States Armed Services. Neither Plaintiffnor Defendant are within the provisions of the Soldiers' mad Sailors' Relief Act of Congress of 1940 and its amendments. 10. Plaintiff requests the court to enter a decree of divorce. I verify that the statements made in this Complaint are tree 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: James R. Hege_ma~laintiff · is Attorney for Plaintiff I.D. # 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Fax 731-9511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES R. HEGEMAN, ) Plaintiff, ) ) LAURA T. HEGEMAN, ) Defendant. ) No. 2003 - 03736 CIVIL TERM IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT Counsel of record: Michael S. Travis, Esquire for Plaintiff Andrew- C. Spears, Esquire for Defendant MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made thiso~0(~ay of~, 2003, by and between James R. Hegeman, (hereinafter referred to as "Husband,") and Laura T. Hegeman, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on June 15, 1985; and WHEREAS, there was one child born of this marriage, Jared Hegeman, born February 18, 1987; WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. DEFINITIONS (a) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. (b) Distribution Date. The phrase "distribution date" shall be defined as fourteen days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next business date. 2 2. ADVICE OF COUNSEL The parties have had an opportunity to review the provisions of this Agreement with their respective counsel. Husband is represented by Michael S. Travis, Esquire. Wife is represented by Andrew C. Spears, Esquire. Husband and Wife acknowledge that 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. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently ~vithheld. 3. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 4. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, follow, stalk, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. DIVISION OF PERSONAL PROPERTY The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible marital property. Neither party shall make any claim to any other such items of marital property, or to the separate personal property of either party, which are now in the possession and/or under the control of the other. Financial Accounts. The parties have equally divided all joint checking, savings and other non-retirement accounts to their mutual satisfaction. The parties agree to retain their separate financial accounts. The parties agree to cooperate in transferring any title or document to accomplish the above distribution. Neither party will make further claim to any joint financial account following the distribution date of this Agreement. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE Neither party shall be entitled to spousal support or APL. 7. ALIMONY Wife and Husband represent and acknowledge that they each have sufficient property for her or his reasonable needs and are able to support herself or himself through appropriate employment and/or assets according to the standard of living which they are accustomed to and waive the right to receive alimony. 8. LIFE INSURANCE; COLLEGE EXPENSES JARED HEGEMAN Neither party shall be required to maintain a policy of life insurance for the benefit of the other party. Both parties agree to maintain a policy of life insurance in the minimum amount of $25,000.00 naming Jared Hegeman, or his guardian (if not emancipated) as the beneficiary until Jared reaches the age of twenty-one or graduates from college. The parties agree to equally share the cost of college costs following the depletion of funds held in trust for Jared by Richard and Mae Hegeman. 9. AUTOMOBILES The parties are the owners of four automobiles, a 1999 Honda Accord (traded post-separation for a 1998 Ford Explorer), a 1993 Toyota Tacoma pick-up truck, a 1994 Saturn and a 2001 BMW Z3. The Saturn shall be the property of Jared. The Honda (Ford) and BMW shall be the sole and exclusive property of Wife. The Toyota shall be the sole and exclusive property of Husband. 4 Should any action be required to transfer title or other document of ownership, the parties will take steps to transfer and reflect ownership as soon as possible after the distribution date. Both parties agree to assume all responsibility and hold each other harmless for any and all liability, including insurance, costs and expenses associated with ownership of the above. The costs of any title transfers or fees shall be borne equally by the parties. 10. DIVISION OF REAL PROPERTY The parties were owners of real property located at 6 Graystone Manor Drive, Camp Hill, Cumberland County, Pennsylvania, containing a residential dwelling. The property has been sold and the proceeds equally divided betxveen the parties. Neither party will make a claim for further distribution of proceeds from the sale of the property. 11. PENSION, RETIREMENT ACCOUNTS, INVESTMENT AND SAVINGS ACCOUNTS At the time of separation, the parties were titled to several retirement and investment accounts. Composition of accounts (as of July 26, 2003): Retirement Savings, Laura Hegeman: $ 56,304.00 (EDS pension, EDS Stock, Prime Vest IRA, Prudential Stock, Paine Webber IRA) Retirement Savings, James Hegeman: $106,732.00 (Highmark 401 k - Amer Trust, Fidelity IRA) Common assets: $ 93,025.00 (American Century Value Fund, Cuanat REIT, GMAC savings fund and Smith Barney Portfolio). Hegeman Family Ltd Partnership: $154,492.31 (value of parties limited partners share) Distribution of accounts: Each party shall retain the individually titled accounts. As of the execution date of this agreement, with the exception of the Hegeman Family Limited Partnership, Laura Hegeman will receive Seventy-Seven percent (77%) of the common assets. Distribution shall be accomplished in such a manner as not to lose the accounts' tax deferred or exempt status wherever possible. A qualified domestic relations order shall be employed whenever required for tax purposes when agreed to by both parties. Hegeman Family Partnership The corpus of the Hegeman Family Limited Partnership (LLP) shall be distributed equally between Husband and Wife. The Partnership will be liquidated by the General Partner. Until liquidation, the parties will equally divide any distributions received from the Partnership. In the event that the above cannot be accomplished for any reason, the parties agree to approximate this distribution in such a way as to maximize tax savings for both parties. Pending liquidation and final distribution, Wife shall continue to receive regular statements of the Hegeman Family Partnership account. Husband's RetirementAccount(s). Husband has a defined pension plan through the Highmark Retirement Plan. The parties agree that this account shall be the sole and exclusive property of Husband. Wi/b's Retirement Account(s). Wife has a defined pension plan. Savings Account(s). The parties had approximately $23,376.00 in savings with PNC bank. Those funds have been equally divided between the parties. Distribution of funds under Paragraph 11 shall be accomplished within ninety (90) days after entry ora decree in divorce. Neither party shall make further claim to a retirement or financial account of the other party. 12. MEDICAL INSURANCE Neither party is required to maintain medical insurance coverage for the benefit of the other party. 13. MARITAL DEBTS (a) Both parties have the following joint debts: None. (b) Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. (c) Since separation, neither party has contracted for any debts which the other will be responsible for and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. 14. FILING AND PAYMENT OF TAXES Husband and Wife agree to have their taxes reviewed by their tax advisor(s), in the event that it is mutually beneficial to file a joint return, the parties will do so for the year in which the Decree in Divorce is entered. 15. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and allow to be filed the necessary documents to obtain a divorce under Section 3301(c) of the Divorce Code. 16. DEATH PRIOR TO DIVORCE If either Husband or Wife dies before the entry of a final decree in divorce between the parties, this Agreement is deemed to survive the death, and the parties, heirs or assigns shall enter into the same status as after the Agreement was entered into. 17. INCORPORATION This agreement is to be incorporated for the purposes of enforcement, but not merged into any subsequent Decree in Divorce. 18. CONTINUED COOPERATION The parties agree that they will, after the execution of this Agreement, execute any and all written instruments, assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement. 19. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 20. 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, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement or for seeking such other remedies or relief as may be available to him or her. 21. VOLUNTARY AGREEMENT The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable; that it is being entered into voluntarily; and that it is not the result of any duress or undue influence. 22. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, 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. 23. BINDING EFFECT This Agreement shall be binding upon the parties' heirs, successors and assigns. 24. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formalities as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this Agreement are null and void and of no effect. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties, and there are no representations, ~van'anties, covenants or undertakings other than those expressly set forth herein. 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding effect whatsoever in determining the rights or obligations of the parties. 28. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. year firy~e. IN WITNESS WHEREOF, the parties set their hands and seals the day and the James R. Hegeman,'?Husband Witness La~a T. He~'emari, d~Vife Commonwealth of Pennsylvania: ; SS: County of ~0Ff~0J~ : PERSONALLY APPEARED BEFORE ME, thiso~iJhday of ~mJ~o~ ,2003, a notary public, in and for the Commonwealth of Pennsylvania, James R. Hegeman, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. 1N WITNESS WHEREOF, I have hereunto set my hand and official seal. Commonwealth of Pennsylvania: County of 7)m~P~t,~ : SS: Notary Public k~OTARIAI ,~r. AI. ] PERSONALLY APPEARED BEFORE ME, this ~day of _~)<a~m $~e.~ ,2003, a notary public, in and for the Commonwealth of Pennsylvania, Laura T. Hegeman, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. Notary Public / NOTARIAL SEAL J CAROL A. LYTER, Notary Public J City of Harrisburg, D~uphin County J My Commi~ Exi3tres Dec. 28, 2004J In the Court of Common Pleas of Cumberland County, JAMES R. HEGEMAN, ) Plaintiff, ) vs. ) No. 2003 -03736 ) LAURA T. HEGEMAN, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF SERVICE I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce, hereby state that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. 7001 1940 0005 8709 7312, return receipt requested, by depositing the same in the United States mail on August 4, 2003, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on August 7, 2003. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. ~ · Complete items 1, 2, and 3. A~so comp(ete .'~- o address on the reverse so thatlwe can return the card to or on ~ front If space perm/ts. DELIVERY C. Signature ~ ~$ ....... .a~t~nomlteml? OYes-- \ -~- , euL~r oe,vefy address below: r"l No )r...%~, trifled Mall r-~ Express Mall "~-Article~urnber (Copy from service label 4. Restrictsd Delivery? (Extra Fee) ~Yes · P.~S Form 3811, July 1999 Domestic Return Receipt In the Court of Common Pleas of Cumberland County, Pennsylvania JAMES R. HEGEMAN, ) Plaintiff, ) vs. ) No. 2003-03736 LAURA T. HEGEMAN, I CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF CONSENT 4, 2003. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on August 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATED: ames R. Hege~anT-Pla~ In the Court of Common Pleas of Cumberland County, Pennsylvania JAMES R. HEGEMAN, ) Plaintiff, ) vs. ) No. 2003-03736 ) LAURA T. HEGEMAN, ) CIVIL TERM Defendant. ) IN DIVORCE ~, ~F~I~N~TE~N__T~ION TO RE UEST ENTRY 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 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: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES R. HEGEMAN, : Plaintiff, : : : : Defendant : LAURA T. HEGEMAN, No. 2003-03736 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) and (d) of the Divorce Code was filed on August 4, 2003 and Served upon Defendant on August 7, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authorities. Dated:. LAURA T. HEGEMP~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES R. HEGEMAN, Plaintiff, v. No. 2003-03736 : : CIVIL TERM LALrRA T. HEGEMAN, : IN DIVORCE : Defendant : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 3301(c) OF THE DIVORCE CODg; 1. I consent to the entry of a final decree of divome without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I tmderstand that I will not be divomed until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately atter 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 unswom falsification to authorities. Dated: aura T. Hegemfin ~ Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 170I 1 (717) 731-9502 In the Court of Common Pleas of Cumberland County, Pennsylvania JAMES R. HEGEMAN, Plaintiff, VS. LAURA T. HEGEMAN, Defendant. ) ) ) No. 2003 -03736 ) ) CIVIL TERM ) 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: Code. Ground for divorce: irretrievable breakdown under § 3301(c)(I) of the Divorce 2. Date and manner of service of the complaint: Complaint was mailed August 4, 2003, via United States Certified Mail, restricted delivery, return receipt requested to Defendant, which was received by Defendant on August 7, 2003, Affidavit of service attached hereto. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on December~ 2003; by Defendant on December 1~, 2003. 4. Related claims pending: All claims were resolved by Marriage Settlement Agreement entered on Decembero](~ 2003, which is requested be incorporated but not merged into the Decree in Divorce. -- 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: .,/~7/,~ ~ ,2003. prothonotary: Date Defendant's Waiver of Notice in ~ 3301Jy-,'M~J~rce was filed with the _, 2003. ~r Attorney for Plaintiff JAMES R. HEGHe~N ~ Plaintiff, VERSUS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF _,~~, ,,. PENNA. NO. 2003-03736 DECREE IN ~,~/~ DIVORCE , It IS ORDERED AND DECREED THAT James R, Heo~m~n~ , PLAINTIFF, AND Laura T. He~mman , 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; The Marriage Settlement Agreement dated December 26, ~003, is incorDorated but not merged into this Decree.