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HomeMy WebLinkAbout04-4909BEVERLY J. HOERNER, Plaintiff ERIC W. HOERNER, V Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA i NO. 0~'/'"/~O~' CIVILTERM : 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prethonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPER'FY, 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 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 BEVERLY J. HOERNER, Plaintiff ERIC W. HOERNER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O~- </~p ~ CIVIL TERM : : IN DIVORCE COMPLAINT UNDER SECTION 3301(C ) OR (D) OF THE DIVORCE CODE Plaintiff, Bevedy J. Hoerner, by her attorney, Lindsay D. Baird, Esquire, sets forth the following: Plaintiff, Beverly J. Hoerner, is an adult individual residing at 856 East Louther Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2 Defendant, Eric W. Hoerner, is an adult individual residing at 102 Mooredale Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3 The parties were marded on August 23, 1975, in Cumberland County, Pennsylvania. 4 Defendant has lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 Thero have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. 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, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. Lindsay~. Baird, Esquire Attorney for the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unsworn falsification to authorities. r~Plaintiff PROPERTY SETILEMENT AGREEMENT THIS IS AN AGREEMENT made this $day of J,>-^.J ~ '4 ,2005, by and between Beverly J. Hoerner, of 856 East Louther Street, Carlisle, Cumbedand County, Pennsylvania, (hereinafter referred to as Wife), and Eric W. Hoerner, of 102 MooredaIe Road, Carlisle, Cumberland County, Pennsylvania, (hereafter referred to as Husband). WHEREAS, Husband and Wife were married on August 23, 1975, in Cumberland County, Pennsylvania; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart since January, 2000; and WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live apart from each other; and WHEREAS, the parties desire to enter into an amicable settleme:nt to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and fmal settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights lmder the said Divorce Code not provided for herein and agree as follows: 1. SEPARATION. The parties agree that it shall be lawful lor each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time-to-time, choose or deem fit. Each party shall be free from interference, authority or 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 this Agreement and as may be necessary to exchange information that pertains to the parties' minor child. 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, nor in any way interfere with the peaceful existence, s(:parate and apart, from the other. 2. REAL ESTATE. Husband and Wife are the joint owners of real estate located at 102 Mooredale Road, Carlisle, Cumberland County, Pennsylvania, as tenants by the entirety. To date, repairs have been made to the home for which the parties have equally shared costs and both parties are satisfied that neither has any financial obligation to the other relative to the repairs. The sole exception to this relates to the cost that will be incurred to correct the well or water contamination on the property. Husband shall secure a third party contractor for purposes of installing whatever equipment is necessary in order to make the water potable and to alleviate the contamination. The total cost incurred for this service will then be shared equally between the parties. Within forty-five (45) days of execution of this Agreement, Huslband shall secure and settle upon a mortgage on the property to secure a sum sufficient to compensate Wife in the amount of SEVENTY -ONE THOUSAND AND XXlI00 ($71,000.00) DOLLARS for her interest in the real estate. Wife shall execute a special warranty fee simple deed conveying her interest in the property to Husband, which deed shall be held in escrow by Wife's legal counsel pending the mortgage settlement. At the time of the mortgage settlement, Husband's counsel shall provide the SEVENTY-ONE THOUSAND AND XXllOO ($71,000.00) DOLLARS disbursement to Wife through her counsel, who shall provide the afore-referenced deed. Following the mortgage financing and distribution of proceeds as set forth herein, neither party shall make any claim of any nature whatsoever against the other relative to additional sums due for their interest in the real estate, nor shall either make any clairns of any nature associated with the maintenance, repair, or renovation of the real estate from the time of settlement forward. 3. AUTOMOBILES. Husband shall have as his sole and exdusive property, title to and possession of the 1990 Dodge Grand Caravan. Husband shall also have as his sole and exclusive property, title to and possession of his post-separation leased 2003 Toyota Corolla. Wife shall have as her sole and exclusive property, title to and possession of her post-separation leased 2002 Honda CRV. Each party shall indemnify and hold the other harmless from and liability on any loan encumbering the vehicle, cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle which each is taking as his/her sole and exclusive property. 4. PERSONAL PROPERTY. The parties have divided or will agree to a division of their personal property which includes bank accounts, jewelry, clothing, furniture and other personal items. Wife will have sole possession of the Grandfather clock. After the aforesaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of Wife shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the signing of this Agreement. 5. PENSION/RETIREMENT PLANS. The parties acknowledge that they have each accrued retirement plans through their employment with the County of Cumberland, Pennsylvania. Each party hereby waives, relinquishes, and transfers any and all right, title and interest they have individually or through their marriage to the other party in the retirement plan each party has accrued with Cumberland County, as well as any and all pensions, individual retirement plan, profit sharing plan, or other accounts in which they may have retirement funds. In the event it is necessary for either party to execute documents to so waive their interest in the other party's retirement account, they would do so within fifteen 05) days of being requested to do so. 6. DEBTS. The parties represent and warrant to each other that neither has incurred any debts nor made any other contracts for which the other or hislheJr estate may be liable, from date of separation forward. Neither party shall contract nor incur any debt or liability for which the other or his/her property or estate might be responsible and agrel~s to indemnify the other from any claims made against the other because of debts/obligations not incurred by the other. 7. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spousal support. 8. SUPPORT OF CHILDREN. Upon the conclusion of the divorce, Husband and Wife will equally share the remaining cost of their son, Adam Hoerner' s, I~ollege tuition, along with the rental cost of his apartment while enrolled as a student. Husband and Wife shall also equally share the costs of college tuition and cost of room and board for their son, Benjamin Hoerner. Husband and Wife shall equally share the cost of medical insurance coverage for the children, Adam and Benjamin, as long as it is available to either parent at a reasonable cost from their employer. Likewise, as long as the children are eligible to be covered by either of the party's health insurance plans, the parties shall equally share in uninsure:d medical expenses for the children. 9. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of c:xecution by the party last executing this Agreement. 10. DIVORCE. Wife filed a Complaint in Divorce, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code, docket number 04-4909 Civil Term, on Septembe:r 30, 2004 in the Court of Common Pleas of Cumberland County, Pennsylvania. Both parties agree to execute any and all affidavits or other documents necessary for the parties to obtain III absolute divorce pursuant to Sections 3301(c ) of the Divorce Code including waiver of all rights to request Court ordered counseling. 11. INCORPORA nON INTO DECREE. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereoj~ may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 12. MUTUAL RELEASE. Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, whichht: or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of 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 olher as testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or tenitory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or 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 und'~r this Agreement or for the breach of any provision thereof. 13. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal exp'~nses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. 14. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time-to-time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonable required to give full force and effect to the provisions of this Agreement. 15. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the stric:t 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. 16. ENTIRE AGREEMENT. This Agreement contains the erltire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separlite and independent agreement. .c__\ -""i"\ \ -' ,'-'. (", C,', v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-4909 CIVIL TERM : IN DIVORCE BEVERLY J. HOERNER, Plaintiff ERIC W. HOERNER, Defendant AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on September 30, 2004. 2. Defendant acknowledged receipt and accepted service of the Complaint on October 2, 2004. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning al1imony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit arE3 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: J -\_''--/ - OS- '\~ C V-!W,--^(JA- Beverly J.c~oerner, Plaintiff -------- "", ~ Ii -'r') l :~ . ,.(' en c: ' - BEVERLY 1. HOERNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 04-4909 CIVIL TERM ERIC W. HOERNER, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under 93301 (c) of the Divorce Code was filed on September 30, 2004, and served on or about October 2, 2004. 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: cn/J5,-J.ANl5" ~w /.,J-o-U1N'-<''U ERIC W. HOERNER, Defendant 1"-,) '.T Cf' BEVERLY 1. HOERNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 04-4909 CIVIL TERM ERIC W. HOERNER, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE I>ECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 01};)..5/J.00';- <~~ W 1~~Alv~ ERIC W. HOERNER, Defendant ,"') -'-I en G"; BEVERLY J. HOERNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 04 - 4909 CIVIL TERM ERIC W. HOERNER, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, Eric W. Hoerner, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto. Said service on October 2, 2004. /.~~.. . . ".-. V:" '/ K.0'(( , 1l .tindsay D. Baird, squire . _.../ Attorney for P . tiff I 37 South Hanover Street Carlisle, PA 17013 717 - 243-5732 '\ 11, l J-"'--- Sworn and Subscribed to before me this 25'h day of January, 2005. (\ ~J ~{Vvl Notary Public Notarial Seat . Niven J. Baird, Notary Public CarlifOle BofO. cu~berland County 6 My Commission ExpIres Nov. 2, 200 , ,,~._.,.,~,~ ,)~,.....,... ".,C";" ~,",":(V:I:1.tI0nofN()tane5 SENDER COMPLETE- THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse 50 that we can return the card to you. . Attach this card to the back 01 the maHpiece, or on the front if space permits. 1. Article Addressed to: fl6C- W. l-IoEIUJfjL o C;:l /Y'KJ(Jf(EJ;Ij I-G RD CP/2./.../Sf,.6 fA 17013 2. Article Number (Transfer from service label) PS Form 3811, August 2001 A. Signature X~ B. Received by (Printed Name) C. Date of Delivery IO-t -0 'f D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ~o \ 3. Service Type ~ Certified Mail 0 Express Mail Cl Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) es 7001 2510 0006 5891 5958 102595-Q2-M-1035 DomestJc Return Receipt , \ I \ ---- , n .- .~,-";' ~ -- ~ - BEVERLY J. HOERNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 04-4909 CIVIL TERM ERIC W. HOERNER, Defendant : 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: 1. Ground for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: October 2, 2004, certified mail, restricted delivery, return receipt. 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 1/24/05; by Defendant: II ~S"I 0 ~ 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: ~..( (} ,,;- Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: c.?l ...; tJ..J."; ...-.~ /,,,- ,_.) , J j /~iA.W'\,O(-'-L ,.{AU{K..Jt:,~ ( ~dsay Dare B,aifcl/EsqUire Attorney for the Plaintiff en (']"1 ~~+~~~~~~~~~~~~~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . + . . . . . . . . . . + . + . . . + . . . + . . . . . + . . + + + + . + . + + + + + + + + ++ +. +. +. .. ~~+~+~++++~~~~++~~~+++~+~++++~+~~+~+~++++~~+~+~~++~+++++~ + . IN THE COURT OF COMMON PLEAS ') + + . + + + + + + + + . + + + + + + . + + + . + + + + . + + + . + + + + + + . + + + + + + + + + + . + + . + + + + + + . + + + + + . + + . + + + . + + + + . + + + + + + + + + + + + + + + + + + + + + + +~++~++~++~~+++++++~+++++++++++++++++++++++++++++.+? OFCUMBERLANDCOUNTY STATE OF PENNA. BEVERLY J. HOERNER, VERSUS ERIC W. HOERNER, AND NOW, DECREED THAT AND No. 04 - 4909 Plaintiff Defendant DECREE IN DIVORCE f~f . A:t'~: ')~.,.". ~, IT IS ORDERED AND Beverly J. Hoerner , PLAINTIFF, Eric W. Hoerner , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The property settlement agreement is incorporated but riot merged into the de=ee. ~ .y ': ..- -""" ~. /~':. ...... "":-; .. " . , .. , ., -.#: , .;-- ...~~ ....... "" - . + . . ...-:,..... ........ -- --- ~. .", '" ../ ":... - ........."... ~ "J.. 'lOt- .............. .- 'J!"r" iF"~' 00. 00. 00.0.0. iV!0. ~. -..:' '~ '.... 7 ~ .. ~ ATTEST: ,fl~ PROTHONOTARY : -- ~ 0.9:0.0.0.0.0.0.0.0. +. J. ,_ -12L~ ~/? d ' rW'lf.7r/ / ;1'v..""" ,,:yu~ .>v II . ( ~1'?f?' fJ:Y f' /f.T."'t/ /4?J f>'{7;;~) II {: . .' , ,- ,"