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HomeMy WebLinkAbout07-7779,. KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff LINDA HAMMAKER, Plaintiff V. RAYMOND HAMMAKER, JR., Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. d7 _'711 l? ivi ( Grm CIVIL ACTION 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: 1 Courthouse Square, Carlisle, PA 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 .. LINDA HAMMAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. P,7 - 7%79 RAYMOND HAMMAKER, JR., CIVIL ACTION Defendant DIVORCE COMPLAINT FOR DIVORCE COUNT I Request for a No-fault Divorce Under S3301(c) of the Domestic Relations Code 1. Plaintiff is LINDA HAMMAKER, who currently resides at 1280 Timber View Drive, Mechanicsburg, Cumberland County, PA 17050. 2. Defendant is RAYMOND HAMMAKER, JR., who has a mailing address of 212 Front Street, New Cumberland, PA 17070. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 1, 2006 in Las Vegas, Nevada. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. There are no minor children borne of the marriage. 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. WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree of Divorce pursuant to § 3301(c) of the Domestic Relations Code. DATE: ' Z '7d O? 4, ? A KEN ET F. LEWIS, ESQUIRE At orn y I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff VERIFICATION I hereby verify that the statements made 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. Dated: hP-/0-)R'0 / &j; ?HAMLLXER4 Q? 5u O C? Lp 04 _ 04 Cr g p cam, n 4.=i iy D KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff LINDA HAMMAKER, Plaintiff V. RAYMOND HAMMAKER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7779 Civil Term CIVIL ACTION DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint. DATE: I- RAYMOD HAMMAK 212 Front Stre New Cumberland , PA// 17070 Ca ^' s? ?? .`nom LINDA HAMMAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7779 Civil Term RAYMOND HAMMAKER, JR., CIVIL ACTION Defendant DIVORCE SETTLEMENT AGREEMENT THIS AGREEMENT, is made this 6th by and between LINDA 11?? day of March , 2008, y HAMMAKER ( Wife ) and RAYMOND ("Husband"). DER, JR. W I T N E S S E T A• WHEREAS, the parties, currently Husband and Wife, will be obtaining a decree in divorce; and WHEREAS, by this Agreement, the parties have intended to effectuate and equitably divide their marital property and marital debts; and WHEREAS, diverse unhappy differences and difficulties have arisen between the parties and it is their intention to live separate and apart for the rest of their lives and to settle any claims by one against the other or against their estates. NOW THEREFORE, with the foregoing recitals being incorporated by reference and deemed as an essential art hereof and in consideration of the premises and of the mutual promis set herein and for other good and valuable consideration es , receiptrof which is hereby acknowledged, the parties, each intending to be legally bound hereby, covenant and agree as follows: 1. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties. This Agreement shall be incorporated, but not merged into the final decree in divorce. 2• FINANCIAL, DISCLOSURE. The parties confirm each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to executing this Agreement. No representations have been either party to the other, or b status of the other except as set forth insthis as to the financial Agreement. 3. ADVICE OF COUNSEL. Wife has been advised regarding this Agreement b attorney, Kenneth Lewis. attorney of his choosing or hHusand h so advised as chosen to eforego receivi y han advice. Both parties acknowledge this Agreement is t such circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received independent legal advice, or choosing not to do so. arties Agreement is not the result of duress ore undue influence and g istnot the result of any collusion or improper or illegal agreement(s). This Agreement shall be construed as if drafted b not by both parties. 4. DIA0T-nM"n- the other The parties understand each has the right to obtain from both party a complete inventory of all the parties now own or owned as of the date of sepa at one and that each has the right to have such property valued b appraisals or otherwise. The parties understand they have the right tohave a Court hold hearings and make decisions on the matters covered b this Agreement. Both parties understand a Court's concerning the . by different from the ies respective rights and obligations might be provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventor and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital. 2 d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 5. PERSONAL RIGHTS. Husband and Wife, may live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if they were unmarried. Husband and Wife shall not harass, disturb or malign each other or the respective families of the other nor attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 6. MUTUAL RELEASES. Except as provided in this Agreement, Husband and Wife each mutually release and forever discharge the other and the other's estate from any rights (including income and gain from property hereafter accruing) of the other or against the other's estate, which he/she now has or may hereafter have against the other or the other's estate, arising out of any circumstance, including dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, regardless of the jurisdiction. The release includes any rights which either party may have or at any time hereafter have for present or future spousal support or maintenance, alimon y past, pendente lite, counsel fees, equitable distribution, costs oor expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 3 7. PERSONAL PROPERTY. The parties make the following disposition and settlement with respect to their personal property. a) Husband and Wife agree they have equitably divided all their personal property to each's satisfaction and that each shall retain the property in his/her possession at the time of this Agreement (except as provided otherwise in this Agreement). b) Except as provided in this agreement, Husband and Wife each waive any rights he or she may have to any asset listed solely in the other party's name, including, but not limited to automobiles, bank or other financial accounts, retirement plans, etc. The minimal monies in the parties' joint PSECU account shall be used to pay expenses of the Timber View Drive home and the account shall be closed. c) When Husband makes his $2,000.00 payment to Chase Freedom Visa (per paragraph 13a below), Wife shall transfer all her interest in the 1994 Chevrolet Blazer to Husband. Husband shall indemnify and hold Wife harmless from any and all debts or claims associated with that vehicle. d) The parties are joint owners of a 1997 Chevrolet Corvette. There is an accompanying joint loan through PSECU. Husband shall refinance this debt to make himself fully responsible for this debt. At the time of refinancing, Wife shall transfer all her interest in this vehicle and Husband shall indemnify and hold Wife harmless from any and all debts or claims associated with that vehicle. Until such time of refinancing, Husband shall pay the sum of $500.00 to Wife by the 30th of each month. Wife shall remit this money to PSECU. Should Husband be unable to refinance the loan or otherwise remove Wife from all responsibility for the debt within 15 days of the date of the parties' divorce decree, the vehicle shall be sold and the proceeds paid toward the loan. Husband shall receive any excess proceeds from the sale and shall, likewise, be responsible for any remaining debt should the proceeds not be sufficient to pay off the loan in full. 8. HAMMARER'S AUTO. The parties acknowledge that Husband operates a business known as Hammaker's Auto. Wife waives any rights she may have to this business. Husband shall be responsible for any and all debt associated with the business and shall indemnify Wife from any and all claims regarding the business. 4 9. REAL ESTATE. The parties acknowledge that Wife is the sole owner of the home and land located at 1280 Timber View Drive, Mechanicsburg, Pennsylvania and that she owned this property prior to the date of marriage. Husband waives any interest he may have in this property. Wife shall indemnify and hold Husband harmless from any and all debts or claims associated with that property. 10. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were not married. 11. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. The parties hereby waive and surrender any rights and/or claims they may have to interim or final alimony, alimony pendente lite and spousal support. 12. ATTORNEY'S FEES AND COSTS. The parties waive and surrender any other rights and/or claims they may have to interim or final counsel fees and/or costs. 13. DEBTS. a) The parties acknowledge there are two joint debts: i) the Chevrolet Corvette loan referred to in paragraph 7d above; and ii) the Chase Freedom Visa account with an approximate amount of $5,400.00 owed. Husband shall pay $2,000.00 of this debt by February 1, 2008. Wife shall be responsible for the remainder. Each party represents that he/she is not aware of any other debts listed in joint names. b) Each party represents he/she has not incurred any liability for which the other may be responsible except as may be provided for in this Agreement. 5 c) Each party shall be solely responsible for all debts listed in his/her sole name. Each party shall indemnify and hold the other harmless against all actions or collections of whatever kind arising out of these debts. d) Each party shall immediately close out any and all joint credit card accounts, bank accounts and any other financial accounts. 14. MEDICAL BENEFITS. Until the date of the parties' divorce, Husband shall provide medical insurance for Wife through his employment. Wife shall provide dental and eye insurance through her employer. Each will be responsible for any co-pays or other monies not covered by insurance corresponding to each's own care. Husband shall be solely responsible for the debt owed to Dr. Douglas Marinak for Husband's orthodontics. 15. WARRANTIES TO FUTURE OBLIGATIONS. Husband and Wife each agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 16. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17. BREACH. The parties agree that if either fails in the due performance of any of his or her obligations under this Agreement, the other party shall have the right at his or her election to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available and said other party shall have the right to recover his or her reasonable legal fees and costs for any services rendered by his or her attorney. 6 18. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take all steps and execute, acknowledge and deliver to the other party any further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 19. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 20. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 21. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior Agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 22. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance or any other obligations herein. 23. SEVERABILITY. If any term or provision of this Agreement shall be determined to be invalid, then only that term or provision shall be stricken and in all other respects this Agreement shall be valid 7 and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 24. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 25. TAX ADVICE. Both parties acknowledge and agree they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further, both parties hereby acknowledge they have been advised by their respective attorneys to seek their own independent tax advice by retaining an account, certified public accountant, tax attorney or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opport,.nity to seek independent tax advice. OWi n 8 jr. - rv r j rm KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff LINDA HAMMAKER, Plaintiff V. . RAYMOND HAMMAKER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7779 Civil Term CIVIL ACTION DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on December 31, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice to intention to request entry of the decree. 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 Dated: S Q? +v C= 73 -?c 'rn? ?? rri KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff LINDA HAMMAKER, Plaintiff V. RAYMOND HAMMAKER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7779 Civil Term CIVIL ACTION DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyerfs 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 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. 4. I verify that the statements made in the foregoing document 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 falsifice Dated: S la- ? ? Cl N M ,-° Y ! CA) rn KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff LINDA HAMMAKER, . Plaintiff V. RAYMOND HAMMAKER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7779 Civil Term CIVIL ACTION DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on December 31, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice to intention to request entry of the decree. 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 Dated: 6-11 /Ox cz? ? - i -'C KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff LINDA HAMMAKER, Plaintiff V. RAYMOND HAMMAKER, JR., . Defendant 1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7779 Civil Term CIVIL ACTION DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I consent to 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 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. 4. I verify that the statements made in the foregoing document 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. Dated: ,S/ /De l ? C.5 4 co Fl - --K Fri Fr r.7 rn W N LINDA HAMMAKER, Plaintiff V. RAYMOND HAMMAKER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7779 Civil Term CIVIL ACTION 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 (X) 3301(c) () 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service dated 1/5/08 and filed 1/10/08. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code and Waiver of Notice of Intention to Request Entry of a Divorce Decree: by the Plaintiff on 5/1/08; by the Defendant on 518108 (all filed concurrently with this Praecipe. 4. Related claims pending: NONE. Property Settlement Agreement incorporated into decree resolving all issues. DATED : 5') L?JQ len huo- KENq'ETHIF. LEWIS, ESQ. Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3 13 6 Attorney for Plaintiff F ; i .- `Z..7 r ` om . .u. "S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. N/jw/,//'w''}` /???((. //Aye/?{/M/ 8-9 - VERSUS RAYMOND H9 a s? N o . 074M OV;I TC0 DECREE IN DIVORCE AND NOW, z , IT IS ORDERED AND DECREED THAT ZJNDA HA/ / E PLAINTIFF, AND RA YN10 #4 ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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; le uhf ies' ui 6 00 Seffle fib lee mews I Ili s coi BY T ATTEST: J PROTHONOTARY 70,r4 3 r?^aw U y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, fJ PENNSYLVANIA Plaintiff 0?- IN Vs File No. DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that th lainti defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or _XL- after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of and ives this written notice avowing his / her intention pursuant t th ro 'sions 4P 04. Date: 3 ©D i Signature," ignnatture of name being resumed COMMO TH OF PENNSYLVANIA ) " - A04 COUNTY OF?\ On the Z 4 day of , 20Q_, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. d „ ---) n ', ' I &tary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Beverly A. Thompson, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Apr. 16, 2010 Member, Pennsylvania Association of Notaries /CJ liz- ?i G e CA G °m