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HomeMy WebLinkAbout09-4138Walker, Connor & Johnson LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187- Fax Shannon M.C. Harryman, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Civil Action - Law vs. Robert E. Harryman, Defendant, No. Oa -11138 ?? vi lTern+ ) ) In Divorce a v.m. 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 pages 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 of the Cumberland County Courthouse, One Courthouse Square, 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 or (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin 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 arrangement must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~ Walker, Connor & Johnson LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187- Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shannon M.C. Harryman, VS. Robert E. Harryman, Plaintiff, Defendant, Civil Action - Law No. 0 9 - ?// 3 P In Divorce a v.m. Cam, a :- COMPLAINT UNDER SECTION 3301 (e) OR 3301 (d) OF THE DIVORCE CODE 1. Plaintiff is Shannon M. C. Harryman, a sui juris adult who currently resides at 457 East King Street, Shippensburg, Cumberland County, Pennsylvania, since November 14, 2008. 2. Defendant is Robert E. Harryman, a sui juris adult, who currently resides at 6 South High Street, Newburg, Cumberland County, Pennsylvania, since January 14, 1999. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 25, 1998 in Ellicott City, Howard County, Maryland. 5. There have been no prior actions of divorce or annulment of this marriage between the parties except the action represented by this Complaint. 6. The marriage is irretrievably broken. 7. Neither the Plaintiff nor Defendant is a minor or incompetent. 8. Plaintiff has been advised that counsel is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. 2 "1 COUNT II DIVORCE 1. The allegations of Paragraphs 1 through 8 hereof are incorporated herein as fully as though set out at large. 2. In violation of his marriage vows and laws of the Commonwealth, the Defendant, Robert E. Harryman, has offered such indignities to the person of the injured' and innocent spouse, the Plaintiff, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a decree of divorce. COUNT III EQUITABLE DISTRIBUTION - SECTION 3502 12. The allegations of Paragraphs 1 through 8 hereof are incorporated herein as fully as though set out at large. 13. The parties have been unable to determine and equitably dispose of their respective rights and interests in the martial property, 14. Plaintiff will, within 60 days after service of this Complaint upon Defendant, cause to be filed an inventory and appraisement of all property owned or possessed at the time this Complaint is filed. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide, distribute and assign the martial property pursuant to the provision of Section 3502 of the Divorce Code. COUNTYIV ALIMONY 15. The allegations of Paragraphs 1 through 8 hereof are incorporated herein as fully as though set at large. 16. The Plaintiff is without sufficient property to provide for her reasonable needs, and is unable to adequately support herself. 17. The Plaintiff cannot support and maintain herself in the style she was maintaining prior to the separation of the Plaintiff and Defendant without continued financial assistance from the Defendant. 3 WHEREFORE, pursuant to Sections 3701, et seq., of the Divorce Code, "Alimony", Plaintiff respectfully requests your Honorable Court to order Defendant to file within 30 days of service of this Complaint upon Defendant, a complete income and expense statement and to require the scheduling of a hearing to determine Plaintiff's entitlement to alimony, and if so, the amount. COUNT V ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES 18. The allegations of Paragraphs 1 through 8 hereof are incorporated herein as fully as though set out at large. 19. The resolution of the issues raised by this Complaint will require Plaintiff to incur considerable additional expenses and costs. 20. The Plaintiff is without sufficient means to adequately support herself and to meet the costs and expenses of this litigation and is unable to maintain herself during the pendency of this action. WHEREFORE, pursuant to Section 3702, et. Seq., of the Divorce Code, "Alimony Pendente Lite, Counsel Fees and Expenses", Plaintiff respectfully requests your Honorable Court to order Defendant to file within 30 days of service of this Complaint upon Defendant, a complete income and expense statement, and to require the scheduling of a hearing to determine Plaintiff's entitlement to alimony pendente lite, counsel fee and expenses, and if so the amount. 4 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. Section 4904, relating to unsworn falsification to authorities. DATE: b k ?A?)q DATE: r. 46 Shannon M. C. Harryman, Plaintif Walker, Connor & Johnson, LLC By; V,Y;/ -# zqi artha B. Walker, Esquire Attorney I.D. # 15989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 Attorney for Plaintiff 5 ALE 7-, ?1T? RY OF THE P" 2069 JUN 17 P'i'i I : 4 I CLIM Ty p'r1,4.?`,,,ti'r, .' 4 !(p. 50 P D ATT`/ cr-* Ito 5q er* aa(, 6sq 3cis Walker, Connor & Johnson, LLC 247 Lincoln Way East Chambersburg PA 17201 (717} 262-2185 (717) 262-2187 -Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shannon M.C. Harryman, vs. Robert E. Harryman, Plaintiff, Defendant, Civil Action -Law No. 09-4138 -Civil Term In Divorce a v.m. INVENTORY OF PLAINTIFF Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Shannon M.C. Harryman, Plaintif Date of Marriage: Apri125, 1998 Date of Separation: November 14, 2008 r , ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real Property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options ( ) 4. Certificate of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties (X) 14. Personal Property (X) 15. Business (List all owners, including percentage of ownership, and officer/director positions held by a party with the company.) ( ) 16. Employment termination benefits -severance pay, workers' compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plan (indicate employee contribution and date plan vests) (X) 19. Retirement plan, Individual Retirement Accounts. 2 ( > 20. ( ) 21. ( ) 22. ( ) 23. ( ) 24. ( X) 25. ( ) 26. Disability payments Litigation Claims (matured or unmatured) Military / V.A. benefits Education benefits Debts due, including loans, mortgage held Household furnishings and personalty (include as total category and attach itemized list if distribution of such assets in dispute) Other 3 MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date of this action was commenced: ITEM NO. DESCRIPTION OF PROPERTY NAME OF ALL OWNERS 1. 6 South High Street Husband & Wife Newburg, PA 2. 1999 Ford F-150 Pickup 3. Schwabb Investment account 4. Household goods and furnishings (Husband sold-proceeds unknown) 5. ING account (Marital portion only) 6. IRA at Legg Mason 7. TSA MetLife 8. AIM Investment account Husband Husband Husband & Wife Wife Wife Wife Husband 4 NON- MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NO. DESCRIPTION OF PROPERTY 1. 1995 Honda Accord (acquired prior to marriage) 2. 21.32% of Harryman Brothers, Inc. 3. Pre-martial portion of Wife's ING NAME OF ALL OWNERS Wife Husband Wife 5 PROPERTY TRANSFERRED ITEM DESCRIPTION NO. OF PROPERTY PERSON TO DATE OF WHOM TRANSFER CONSIDERATION TRANSFERRED Unknown DESCRIPTION ITEM NO. OF PROPERTY Mortgage LIABILITIES NAMES OF CREDITORS WAMU 2. Debt to Wife owed by Husband (04/07/2005) ($15,000.00) Wife NAMES OF ALL DEBTORS Husband & Wife Husband 7 ~r ~ i( ~ . r.,r{,~y ~h {'(~ r U14~i_i c~.~ ~i! ~~ vti ~~,z.~ WALKER, CONNOR c~ JOHNSON, LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187- Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shannon M.C. Harryman, Plaintiff, vs. Robert E. Harryman, Defendant, Civil Action -Law No. 09-4138 -Civil Term In Divorce a v.m. INCOME AND EXPENSE STATEMENTOF PLAINTIFF (Shannon M. C. Harryman) `'~ Plaintiff Name: Defendant Name: Docket Number: Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the supplemental income statement which appears on the last page of this income and expense statement) INCOME STATEMENT OF: I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 PA C.S. §4004, relating to unsworn falsification to authorities. Se~~. ~~',?S~oq cJ~ctiro'n ~•C.~orry~~ Date Name: INCOME: Employer:ll Vry~'~G`~nrjQ~('~jk Address: ~ 12.. I V • ~~ cJ~ . Type of W Payroll No. Net Pay Per Pay Period $ ~ Z~~ . O O Federal $ ~ ~~ Social Security $ Local Wage $ ~ ' Withholding • IC`~-l•OO Tax 2. - l•~C~ State Income $ Retirement $ 00 ~~ Savings Bonds $ Tax S 2 . v v . Credit Umo~~ ~, Life Ins. $ - _ Health Ins. $ $1p Other Deductions la C G.7C 1.00 (s ecify) L.ocSY ~ °~ 2.~4 M~,prQ,, ~Zy•00 Service Type M Income and Expense Statement ~ A \`12.0 Gross Pay Per Period$ ~ ~ ~~ .00 Pay Period(wkly./by-wkly./etc. ~` V~- ~i Form IN-008 Worker ID 28204 1 Income and Expense Statement OTHER INCOME (FILL IN Appropriate Column) WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account __ Gifts Unemployment Com ensation Workmen's Com ensation IRS Refund ~-{ 3~0 , Q (J Other Other TOTALS $ $ $ TOTAL INCOME $ (FILL IN Appropriate Column) EXPENSES: WEEK MONTH YEAR Home $ $ $ Mortgage ent Maintenance Utilities Electric SOD Gas Oil ~ c~ Tele hone 5.00 Clothing Service Type M Form IN-008 Income and Expense Statement Worker ID 28204 Income and Expense Statement (fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Water Sewer Em to ment Public Trans ortation Lunch z-~Q , Taxes Real Estate Personal Property Income Insurance Homeowners Automobile .C)J Life Accident Health Other Automobile Payments Fuel ~ 2p . U O Re airs Medical Doctor ` Z,Q , Dentist Q , Q Orthodontist Hospital Service Type M Form IN-008 Income and Expense Statement Worker ID 28204 Income and Expense Statement (fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Medicine 'ZC~O • O Special needs (glasses, braces, ortho edic devices) Education Private School Parochial School Colle e Reli ious ~1n . Cf ~ S \C~Cj ,Up Personal Clothin 2000 .O Food O0 , G Barber/Hairdresser 0 , O Credit Payments: Credit Card Charge Acct. Memberships -- N _ ~ OS . 0l7 Loans Credit Union Miscellaneous Household help Child Care ~{(Qp ,(~ Pa ers/Books/Ma azines Entertai ent rj~jp , O Pay TV ~ n `l ~ UO Vacation ~ 60 . C~ Q Service Type M Form IN-008 Income and Expense Statement Worker ID 28204 Income and Expense Statement EXPENSES (FILL IN APPROPRIATE Column) WEEK MONTH YEAR Gifts 4O O Le al Fees ©~ Charitable Contributions Other child Support Alimony Payments Child Su ort Other -,~ O O ~- ~ 5 ac. ~v ~ IQs TOTALS TOTAL EXPENSES $ PROPERTY DESCRIPTION VALUE OWNERSHIP OWNED H J Checking Accounts o,,` Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL INSURANCE COMPANY POLICY# Coverage* H W C Hospital Blue Cross ~ ~c'`'~~ ~~~ 2~'~ `~~~ 1~Ob b1- O - / Other , ^ ~ t' V '(~J ~U~Qi Medical r - ~ Blue Cross Other *H -Husband W -Wife C -Combined J -Joint ~~~~~ ,l~fi~ Service Type M Form IN-008 Income and Expense Statement Worker ID 28204 IncorYte and Expense Statement INSURANCE COMPANY POLICY# Covera e* H W C HeaUaccident Disability Income Dental R O~'~CC) '~ Z- `°~ ~ ~'1~1 ~ ~ Other S ~~ L9 ~c,..~.~ r~ ~ *H -Husband W - Wite C -Combined J - J7fint ` Supplemental Income Statement a. This form is to be filled out by a person: (1) Who operates a business or practices a profession, or ' (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) The most recent Federal Income Tax Return, and (2) The most recent Profit and Loss Statement c. '' Name of business: Address and telephone number: d. Nature of business (check one): (1) Partnership (2) Joint Venture (3) Profession (4) Closed corporation (5) Other e. Name of accountant, controller or other person in charge of financial records: £ Annual Income from business: (1) How often is income received? (2) Gross Income per pay period: (3) Net Income per pay period: (4) Specified deductions, if any: Service Type M Income and Expense Statement Form IN-008 Worker ID 28204 :k,\a~, m~,~~ 6 2~~~ S`::~' 2;3 ~ i i ~ v;l ,; ~!~; ~ , SHANNON M.C. HARRYMAN, Plaintiff vs. ROBERT E. HARRYMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 09 - 4138 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~ / day of 2010, counsel and the partied having entered into an agreement and stipulation resolving the economic issues on March 24, 2010, the date set for a four-party conference, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. cc: Martha B. Walker Atto ney for Plaintiff. arylou Matas Attorney for Defendant ~~ ~ ~.s ,-n.b.,,~~C s"/~ z~ ~o ~Y2 BY THE COURT, "i~~~ Kev' A. Hess, P.J. ~ " 't~ C~=3 ~ , ~'Z "~ , rr3 xm ~~, - ~, w WALKER, CONNOR & SPANG, LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187 -Fax SHANNON M.C. HARRYMAN, ) IN THE COURT OF COMMON PLEAS Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL DIVISION ROBERT E. HARRYMAN, ) NO: 09-4138 CIVIL TERM Defendant, ) 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) of the Divorce Code. 2. Date and manner of service of the Complaint: June 23, 2009, Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, March 24, 2010; by Defendant, March 24, 2010. 4. Related claims pending: Resolved through private Agreement; 5. (a) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with Prothonotary: March 26, 2010. (b) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 26, 2010. WALKER, CONNOR & SPANG, LLC r d0 ~- F.._ c~ BY: ~~` ~ ' `-`# ~" Mart a B. Walker E uire E , F ,: "" ~ ? Att ey LD. # 15989 w ~ ~ °~ ~~ 247 Lincoln Way East ~ c ~ ~ ~ Chambersburg, PA 17201 ~= =~ , , , ~ "~~1~- (717) 262-2185 `' ~ -- o ~ v Attorney for Plaintiff N Shannon M.C. Harryman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Robert E. Harryman NO 09-4138 DIVORCE DECREE AND NOW, /tea.,, z Y Z o io , it is ordered and decreed that Shannon M.C. Harryman Robert E. Harryman bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, ~.X ~o %~ l~G~' C{ ~d~~K~t~ ~ ~G ~~t GEC-~~JL~~