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HomeMy WebLinkAbout01-1769LYNNE A. HAMMANN, Plaintiff WlLLIAM HAMMANN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. Ot-/7 f C-TelL 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 fights 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, Dauphin County Courthouse, Harrisburg, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYEK'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 YOUDO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET I.RGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 LYNNE A. HAMMANN, Plaintiff WH,I,IAM HAMMANN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL IN DIVORCE NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estaz demandas expuestas en las pagJnas si~uientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y ia notifica¢ion. Usted debe presentar una apafiencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, h sin previo aviso o notificacion y por cualquief queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTADEMANDA A UN ABODAGO IMMEDIATAMENTE. SINO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA AB?JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR AS SISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 LYNNE A. HAMMANN, Plaintiff WILLIAM HAMMANN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO.O~- /?L? CIVIL ~'7~,~- IN DIVORCE COMPLAINT 1. Plaintiff is L ynne A. Hammann, an adult individual who currently resides at$10 Tallkron 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 action~ for divorce or annulment filed by either of the parties 1~'~o. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised of the availability of counseling and that Plaintiffhas 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 Armed Forces or any of its allies. 9. Plalntiffrequest~ the Court to enter a decree of divorce COUNT I COMPLAINT UNDER SECTION 3301 (c) OR 3301 (dj OF THE DIVORCE CODE - NO FAULT 10. The averments of the preceding Paragraphs are incorporated herein by reference as WHEREFORE, Plainf~ffrespectfully requests the Court. to enter a D~ree of Divorce, pursaant to Section 3301 (c) or 3301 (d) of the Divorce Code. COUNT 1I EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 11. 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, Plaintiffprays this Court to equitably distribute the marital proper~y pursuant to 23 Pa.C.S. §3502. Respectfully submitted, March 23, 2001 MILSPAW & BESHORE ~AU~tohr~e'~. i ~f~ slp;~/r., Esquire 130 State Street, P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781~FAX (717) 236-0791 Email:Lmilsnaw(~mblawfirm. eom Attorneys for Plaintiff I veri~ 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 unswom falsification to authorities. Date: LYNNE A. HAMMANN, Plaintiff WILLIAM HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW .. : NO. 01-1769 CIVIL : : : IN DIVORCE CERTIFICATE OF SERVICE I certify 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 MILSPAW & BESHORE Legal Assistant to Luther E. Milspaw, Jr. 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 m _z ~ 0 G LYNNE A. HAMMANN, Plaintiff WILLIAM HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01-1769 CIVIL : : 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: .z0 m,~:c/~ 200 / WILLIAM HAMMANN LYNNE A, HAMMANN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS~ : CIVIL ACTION - LAW WILLIAM HAMMANN, Defendant : NO. 2001-1769 IN DIVORCE CIVIL PRAEClPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, the above-captioned matter, William Hammann, in Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire Attorney for Defendant I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Date: I011,.(let rlo.dir/domestic/hammann.app LYNNE A. HAMMANN, Plaintiff VS. WILLIAM HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2001-1769 CIVIL . IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on October [ (,D ,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 Robert L. O'Brien, Esquire LYNNE A. HAMMANN, Plaintiff VS. WILLIAM HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-1769 CIVIL : IN DIVORCE AND NOW, this ORDER OFCOURT __ day of ~, 2002, the Plaintiffs Motion for Hearing on Alimony Pendente Lite is referred to the County Domestic Relations Office for a hearing. ,~obert L. O'Brien, Esquire Attorney for Plaintiff /,L~ther E. Miispaugh, Jr., Esquire Attorney for Defendant Os LYNNE A. HAMMANN, Plaintiff VS. WILLIAM HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 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 rlo.dirlclientslhammannlapl,mot By: Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 LYNNE A. HAMMANN, PlaintifflPetitioner VS. WILLIAM HAMMANN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-1769 CIVIL TERM IN DIVORCE DR~ 31682 PacsesO 327104471 ORDER OF COURT AND NOW, this l0th 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 R.J. Shaddav on .lulFIt 2002 at 9:00A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendante Lite be entered. YOU are fiu'ther ordered to bring to the conference: (1) a true copy of your most recem 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 1910.11© (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 attest. 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 LYNNE A. HAMMANN, Plaintiff rS, WILLIAM HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 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. rlo.dirldomesticlhamman.pet By: Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire Attorney for Petitioner I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 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 CERTIFICATE OF SERVICF I hereby certi~ 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 Divooe 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 Robert L. O'Brien, Esquire JAN 10, 2002 FEB 01, 2002 PLEASE REMEMBER TO NOTIFY DFAS IF ~OUR ADDRESS CHANGES COL WILLIAM H HAMMANN USA 228 WALNUT BOTTOM RD P 0 BOX 1353 CARLISLE PA 17013-3739 GROSS PAY VA WAIVER SBP COSTS TAXABLE INCOME OLD 3,942.0C RET $SN 167 38 ~968 D£F~NSE FINANCE AND ACCOI.TNTING SERVICE NEW DIRECT DEPOSIT 3,9~,2.OO FI'rW ALLOTMENTS/BONDS NET PAY TAXABLE ~NCOME: FEDERAL INCOME TAX WITHHELD: 406 29.u7 3,050.7 NEW 3,101.12 3,486.62 406.04 FEDERAL WITHHOLDING STATUS: MARRIED TOTAL EXEMPTIONS: O1 FEDERAL INCOME TAX WITHHELD: 35~.79 SBP COVERAGE TYPE: SPOUSE ONL~ ANNUITY BASE AMOUNT: 2'/t2D ~D~'~-~:~ SPOUSE ONLY COST: 256.3~ G~ ANNUITY AMOUNT: ~ ANNUITY AMOUNT: 1,~80.52 .. SPOUSE DOB: JUL 18, 194b THE ANNUITY PAYABLE IS 55~ OF YOUR ANNUITY BASE AMOUNT UNTIL YOUR SPOUSE REACHES AOE 62. AT AGE ~2, THE ANNUITY MAY BE REDUCED OUE TO SOCIAL SECURITY OFFSET, OR UNDER TH[ TWO-TIER FORMULA. THAT REDUCTION MAY RESULT IN AN ANNUITY THAT RANGES BETWEEN 35~ (S13uo.52) AND 55~ ($2169.39) OF THE ANNUITY BASE AMOUNT. THE COMBINATION OF THE SBP ANNUITY AND THE 50CIAL SECURITY BENEFITS WILL PROVIDE TOTAL PAYMENTS FROM DFAS 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. DFAS-CL 7220/148 (REV 03-01) HAMMA LYNNE A. HAMMANN, Plaintiff WILLIAM H. HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 01-1769 C. IVIL : : : 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 decreel 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: via certified mail, restricted delivery on March 30, 2001. Acceptance of Service filed with the Court on April 16, 2001. 3. Plaintiff's Affidavit and Defendant's Affidavit required by Section 330 l(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 11, 2002. 6. Military Retiree Account Statement. 7. Order Awarding Plaintiff 50% of the Military Retired Pay of Defendant. 8. Order incorporating terms and conditions of,¥larr~a.ge Settlement Agreement. November 5, 2002 (l(f~ /~ Luther ~. M?lspawI Jr., Esquire Attorney ID # 192~6 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff LYNNE A. HAMMANN, Plaintiff WILLIAM H. HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 01-1769 CIVIL : 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 Ihe 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 I7 West South Street Carlisle, PA 17013 November 5, 2002 Elizabe~h~M. Patterson LYNNE A. HAMMANN, Plaintiff WILLIAM HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 01-1769 CIVIL : ; : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301¢c) and §3301(d) 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 ifI do not claim them before a divoro~ 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 tNs Affidavit 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. Dated: d'~,fF.v~,,~<'~ WILLIAM HAMMAN, Defendant COMMONVg'EALTH OF PENNSYLVANIA : · ° SSo COUNTYOF-t~AYdPI~N (~.~r~Ci-[~r'~ : On this, the [ ] CB day of ~¢ p~'C ~ b c F , 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 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION EILLIAM HAMMANN, Pl~ntiff/Respondent Defendant / Pet i t ion er ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 01-1769 CIVIL 327104471/D31682 AND NOW to wit, this that: Order NOVEMBER 4, 2002 it is hereby Ordered 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 Service Type M BY THE COURT: Form OE-001 Worker ID 21005 LYNNE A. HAMMANN, Plaintiff WILLIAM HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : :NO. 01-1769 CI¥IL : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the 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 sep~ice 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 tm,: 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: LYN~E A. HAMMANN, Plaintiff STATE OF OHIO ) -- ) $$. On this, the ~//~ day o£ ~7~ , 200:2, b&or¢ me the undersigned officer, pe~onally appc~cd LYNNE A. H~M~N ~own to me (or satisgactofily proven) to be the person(s) whose n~c(s) is/~e subscribed to the within ins~ment, and ac~owledged ~at the inst~mcnt was executed got ~ pu~ose therein contained. ~ WI~ESS ~EREOF, I haw hereunto set my hand ~d not,al seal. wILLIAM ltAMMA~NCefen~lant · IN TItE COI3B-T OF COMMON pLEAS : c~MBE~D COUNTY, pEN~sYLV ~ CI~L ACTION - LAW :~O. 01-~69 CI~L ~ IN DwoRCE e of divorce without noUce. L · .,-~ ent~/of a final decre .. _~, division of property, ~. I consent to tl~ ~-' -~ 'obis concerning all~ol~, 2 I underst~d that I m Y lose n~ . . . -~ i~l do no'claim them beCre a divorce ~s ~ted la~er's fees or expens~ ~ :. ~a until a divorce decree is entered by the underst~d that I w~g not be divorce-. ,: ~+~ ~er it is filed with the 3. I decree win be sent to me l~eata~'a Cou¢ ~d ~at a copy of the prothonot~' statements made in this Affida~¢ ~e tree ~6 co~ect. I ~derst~d that I ~efi~ that the false statements h~ein ~e made sub~ect to the penalties of 18 pa.C.S. ~4904 relating to ~swom falsification to authorities. Dated: ~ STATF, OF OHIO COUNTy OF~ ) ss. On this, the ed. day of Personally appeared L YN, NE A. HAMMANN ,2002, before mc the Undersigned officer, Person(s) whose name(s) is/are SUbscribed to thekn°wn to me (or sat~isfactorilyproven} t within instrument . . o be the instrument was executed for the purpose therein ntained ~V WITNEss WHEREOF, I have hereun~°o set my ~and , ~u aC~owledgea that the and notarial Seal. Notary Public LYNNE A. HAMMANN, Plaintiff WILLIAM HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : :NO. 01-1769 CIVIL ; : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the 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 fi.om 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 unswom falsification to authorities. WILLIAM HAMMANN, Defendant COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF ~ C_.~r~D~r} anc~ : On this, the I I ~a day of .._.~[-c fx, t b C ~" , 2002, before me, the undersigned officer, personally appeared WILLIAM ItAMMANN, 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 WltEREOF, I hereunto set my hand and notarial seal. Notary Public LYNNE A. HAMMANN, Plaintiff WILLIAM H. HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION' - LAW :NO. 01-1769 CIVIL : : IN DIVORCE ORDER AND NOW, this ~_~ day of~, 2002, upon stipulation of the parties, IT IS ORDERED that the terms, conditions and obligations of the pa~ies as set £orth in the Marriage Settlement Agreement dated the 11r day of September 2002, as attached hereto, incorporated herein and filed of record, are approved and the par~ics are directed to comply therewith. The Court retains jurisdiction over this matter as provided by law. BYTHECOURT: LYNNE A. HAMMANN, Plaintiff WILLIAM H. HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 01-1769 CIVIL : : IN DIVORCE ORDER AWARDING PLAINTIFF FIFTY PERCENT OF THE MII JTARY RETIRED PAY OFDEFENDANT AND NOW, this ~3~'~ day the parties, IT IS ORDERED as follows: 1. ,2002, upon stipulation and agreement of The PlaintiffLynne 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. The Plaintiffis to be irrevocably designated by Defendant as the Beneficiary on the Defendant's Survivor Benefit Plan coverage within 30 days of the date of this Order. 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. The right of Plaintiff as Former Spouse of Defendant to receive a portion of the military retired pay of Defendant, is acknowledged and ratified. This Order enforces that part of the 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 Plaintiffs irrevocable designation as Beneficiary on the Defendant's Survivor Benefit Plan coverage. The Plaintiff/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. The Defendant/Member's date of birth, Social Security number and mailing address are: A. Date of birth: January 22, 1947; B. Social SecurityNumber:167-38-4968; C. Address: 228 Walnut Bottom Road, Carlisle, Pennsylvania The Court retains jurisdiction over this matter as provided by law. 2 LYNNE A. HAMMANN, Plaintiff Vo WILLIAM H. HAMMANN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 01-1769 C]IVIL : : : IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made this I I day of~ug',;~t, 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 conta~ined, 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 irt 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 if he or she were single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or att¢..mpt to endeavor to molest the 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 Hammann, Jefferson Guy Hammann and Elizabeth Ellen Hamm~aan, all of whom are adults at the time of this writing. ARTICLE II CONSII)ERATION 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 of Property. It is the purpose and intent of this Agreement to settle forever and completely the interests and obligations of the 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 divide, d to their mutual satisfaction all tangible items of personal property. Subject to this agreement, upon and after the date of 2 execution of this Agreement, Husband shall own, have and enjoy as his separate property, all that personal property, including motor 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 Property. 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 claim, 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 Property. Except as provided in this Agreement, each of the parties hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, acquired after June 6, 1.999, or 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 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 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 git~s or transfers for inadequate consideration of marital property without the prior consent of the other. 3.06 Fair Division of Property. 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 hereunder 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 Divome 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 the 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 their divorce action, and commencing effective July 1, 2002, they agree to equally divide Husband's monthly gross retirement payment, including cost of living adjustments ["COLAs"], after deducting the VA 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 1,2002, 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 ("DFAS"). All appropriate forms 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 DFAS, the percentage award must be calculated as a pementage 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 $2515.38). Accordingly, the Wife/Plaintiff/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. If50 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 $1,743.31 payable as of July 1, 2002. 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 1, 2002, or 60 days fi.om 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 of the 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 futcwe legislation, become eligible for benefits as 'Former 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 artd 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 ARTICLE IV WAIVER OF ALIMONY, ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT 4.01 Alimony~ Alimony Pendente Lite and Snousal Suol:,ort. 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 W][FE 5.01 Federal Income Tax Returns. Husband and Wife each concur that they have filed individual income tax returns for the years 2000 and subsequenfiy. Any tax owing or refund due because of any such return shall be the sole obligation of or proper~ 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 ARTICLE VII GENERAL PROVISIONS 7.01 Approval 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 Voluntar~ and Clearly 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; Co) 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 of this 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 fi:om all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred 8 relating to or arising from 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 pa~Iy 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 (joint 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 notice of any litigation threatened or instituted against either partly 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 Party'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 or 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 beneficia~ 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 by Counsel. Wife has been represented by Luther E. 10 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 Interpretation of Agreement. This Agreement shouild 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 an), and all other agreements, either oral or in writing, between the parties relating to the rights and liLabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 7.10 Partial Invalidity. Ifanyprovision 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 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 maybe amended or modified only by a written instrument signed by both parties. 7.13 Successors and Assigns. 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 Counterparts. 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 governed 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: Lyn~e A. Hamr~ama William H. Hammann 12 STATE OF OHIO · COUNTY OF /77 : On this, the ~ day of. Aagu~ 2002, before me, the undersigned officer, personally appeared LYNNE A. ItAMMANN, 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. Notary Public COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : On this, the I ~day of Au~-aat, 2002, before me, the undersigned officer, personally appeared WILLIAM H. HAMMANN, 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. Notary Public IN THE COURT Of COMMON PLEAS OFCUMBERLAND COUNTY STATE Of _~~. PENNA. No. 01-176q ~TVl'T. DECRee 1N DIVORCE VERSUS ~J"rI',LT.A~ H. HAI~qA~ AND NOW, DECREED THAT AND ARE DIVORCED FROM THE BONDS Of MATRIMONY. , .2002, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORE~IIIIIII~~THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; A~/ARDII~ PIAIN'r~'~- 50% OF THE IqTI,~[TARY RETIRED PAY OF THE D~'~.~ANT ARE I~'I'F.J~D ~Y lw_'i~ THIS DECREE IN DI'VORC~. ATTEST: J. )THONOTARY