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HomeMy WebLinkAbout05-0724 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Earl Hamman, v. Defendant CIVIL ACTION - LAW NO. 05 ~ 7[)..1.f CIVIL TERM IN DIVORCE Mary E. Hamman, ,.. ~ You have been sued in court. If you wish to defend against the claims set forth inlhe following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Phone: (7] 7) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland 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 busmess before the Court, please contact our oftlce. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Earl Hamman, Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE Mary E. Hamman, COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE I. Plaintiff is Earl Hamman, an adult individual, who resides at ] 7 HorsekilIer Road, Shippensburg, Cwnberland County, Pennsylvania 17257. 2. Defendant is Mary E. Hamman, an adult individual, who resides at 2 Hickorytown Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on June 6, 1982 in Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that PJaintiffmay have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, ROMINGER, BAYLEY & WHARE l/LVS Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 87663 Attorney for Plaintiff /1 Oy S- ~ -D Date: L-;. , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Earl Hamman, v. Defendant CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE Mary E. Hamman, V ERH1CATION 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. ~4904, relating to unswom falsification to authorities. ~~ amman, Plamtlff Date:, (J-,;)- 65 ~-o n ~ () l):L ~ -, ~J1:~ ?; .\~ tJI V\ ~'-.l 0 o '3 - ,.,. ..,), 1- ~-..<) ,,<~ ,:) ,.,...) .....n -,., :-~"' (\:I I 1...0 :~'::': f:~) co ....... MARITAL SEP ARA TION AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Earl Hamman, (hereinafter referred to as "HUSBAND") and Mary E. Hamman, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 6, 1982; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: I. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties ofthe parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be fmal and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and 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, and the parties intend to be legally bound hereby. 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision ofthis agreement, both as to the subject matter and legal effect. 6. 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, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all of the above information from the other party. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 7. DEBTS: It is further mutually agreed by and between the parties that WIFE will be responsible for all existing debt regarding student loans. HUSBAND will be responsible for all existing medical bilIs as of the date ofthe execution ofthis agreement with regard to the parties and their kids. WIFE will be responsible for all of her own medical bills incurred after the execution of this agreement. HUSBAND and WIFE will split any and all tax debts outstanding at the date of the execution of this agreement. 8. CASH ASSETS AND OTHER ASSETS: HUSBAND agrees to provide WIFE $6,300.00 in cash. Wife acknowledges that she has already received $2,000.00 of said payment and will receive a payment of$3,000.00 immediately after the execution ofthis agreement. The remaining $1,300.00 balance will be paid by $50.00 weekly payments until the total balance is satisfied. All other cash assets and miscellaneous assets not mentioned by this agreement have previously been divided to the satisfaction ofthe parties and shall be the sole property of the possessor or title holder at the time of the execution of this agreement. 9. PERSONAL PROPERTY: The Parties have previously separated their personal property to their satisfaction. All personal property in possession of each party at the date of execution ofthis agreement shall be the sole property of possessor at the time ofthe execution of this agreement. 10. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 11. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction., to share in the property or the estate of the other as a result ofthe marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. Additionally, each party waives and relinquishes any and all rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 12. INCOME TAX RETURNS: All future income tax returns will be filed separately and the parties will each retain any refund due to them. 13. DIVORCE: HUSBAND will immediately file adivorc(' complaiut with the Cumberland County Prothonotary and pay all applicable filing fees. 'WIFE agrees to accept service of the divorce complaint and HUSBAND and WIFE agree to voluntarily execute all necessary document to fmalize a divorce. ] 4. BREACH: In the event ofthe breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance ofthis agreement shall be recoverable as part of the judgment entered by the court. 15. ADDITIONAL INSTSRUMENTS: 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 that may be reasonably required to give full force and effect to the provisions of this agreement. 16. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect are fully understood by both parties. HUSBAND's legal counsel is Mark F. Bayley, Esquire. WIFE is umepresented and acknowledges that it has been suggested to her that she obtain review of this agreement with independent legal counsel and has either done so or voluntarily chosen not to do so. 17. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. APPLICABLE LAW: This agreement shall be construl:d under the laws of the Commonwealth of Pennsylvania. 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed or verbally discussed prior to the date and time ofthis agreement are null and void and of no effect. 20. parties. This agreement shall become effective immediately upon its execution by both IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date indicated below. WITNESSES: l;U/) 2-'1-ci'5 ~~ oJ-7-oJ Date '-fn~ t, eM mm,;lr\ Mary E. Hamman .;)_/7 JDS' Date COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County Pennsylvania, this :7Q{ day of Hfi ,2005, Earl Hamman, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. , ~~=,~ -~ I My Cormisslon ExPIllS JtJtf 23, ar" ., MerrQwt~~R. . ii:'rOf~ COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County Pennsylvania, this '7i1- day of It 6 , 2005, Mary E. Hamman, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. ----., -- ~~'~r'-/P~\C ' \jr<ll1J. JIJllg';;,tJellar<l QlUl'\'Izoo$ (l8l'ISl6ecro, EJ<lli1e5 ~ 1.3. lM~ ~OI~ ......-'~ ~lL'~; Cl Q{~>P(A--! <- No ary Publii',F / Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Earl Hamman, v. Defendant CIVIL ACTION - LA W NO. 05 - 724 CIVIL TERM IN DIVORCE Mary E. Hamman, AFFIDA VlT OF CONSENT I. A Complaint in Divorce under S3301(c) of the Divorce Code was filed on February 9, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in DivofCI: 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. S4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. /0- ZO-<:)S Date ", , ( ('l~./ ,._J /",.~ (/ (. Y,'/ ,rv;?""V'/-~~L/"'~--- \.Earl Hamman " ..-----/ Earl Hamman, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. Defendant CIVIL ACTION - LAW NO. 05 - 724 CIVIL TERM IN DIVORCE Mary E. Hamman, AFFIDAVIT OF CONSENT I. A Complaint in Divorce under 9330I(c) of the Divorce Code was filed on February 9, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in 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. /o/~%~ Date / / Yh'!:-r E. vJM1ffJdJ1 _ Mary E. Hamman dJ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Earl Hamman, v. Defendant CIVIL ACTION - LAW NO. 05 - 724 CIVIL TERM IN DIVORCE Mary E. Hamman, WAIVER OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER I:i 3301(c) OF THE DIVORCE COD~ ]. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that] may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF ]8 Pa.C:.S. 94904 RELAT]NG TO UNSWORN l' ALSIFICA TION TO AUTHORITIES. r-- ;/\ - -:' (' ~',:) v ..._.'\,._ v Date ,t I ,I ( 7') I .' , I iart ~tm~a:C In .. r~'- "' ""_.1 ,_.....----.._~~.~---------- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Earl Hamman, v. Defendant CIVIL ACTION - LAW NO. 05 - 724 CIVIL TERM IN DIVORCE Mary E. Hamman, WAIVER OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 330l(c) OF THE DIVORCE CODl~ I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning al imony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. S4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. JO/~()/()5 Date / / Yh~ c. IkmmlJ'--_ Mary E. Hamman " Earl Hamman, PlaintitT IN THE COU" I 0, COMMON PLEAS OF CUMBERLAND '~:'UNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO, 05 - 724 CIVIL TERM IN DIVORCE Mary E. Hamman, ACCEPTANCE OF SERVICE ! hereby accept service ofthe Complaint in Divorce on behalf of the Defendant, Mary E. Hamman, in the above-captioned action and I celiify that I am authorized to do so. ;)AA:J J.L.d()~~- ~ BY: ~ '1n~ C. .J..k/I'LIJtA.rL_~__ Mary E. Hamman, Defendanl - Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Earl Hamman, v. Defendant CIVIL ACTION - LAW NO. 05 - 724 CIVIL TERM IN DIVORCE Mary E. Hamman, 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. Grounds for divorce: irretrievable breakdown under 9 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service signed by Defendant on April I, 2005, which is enclosed. 3. Date of execution of the affidavit of consent required by 9 3301(c) of The Divorce Code: by the Plaintiff October 20, 2005 by the Defendant October 20, 2005. 4. Related claims pending: None 5. Date Plaintiffs Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: October 27,2005. Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: October 27, 2005. ./ Date: October 27, 2005 ~i -'"., Mark F. Bayley, Esquire / 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court IID No. 87663 .., ~~+.++++++++++++++++++.+.+.++++++++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++++++'+'++'f++ +. +. +. +. +. +. +. +. +. +' +. :+ +. +. +. +. +. +. +. +. +. +. :+ +. +. +. +. +. +. +. +. :+ :+ Of. +' +. +. Of +. +. +. +. +. +. +. ++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . ~. . ~ +. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++? IN THE COURT OF COMMON PLEAS DECREED THAT AND OFCUMBERLANDCOUNTY STATE OF 7.;l <( .~ 05 PENNA, Earl Hamman Plaintiff No. VERSUS Mary E. Hamman Defendant DECREE IN DIVORCE AND NOW, ~ov 7 , 21">n"'-, IT is ORDERED AND Earl Hamman , PLAINTIFF, Mary E. Hamman , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRiMONY. THE COURT RETAiNS JURISDICTION OF THE FOLLOWiNG CLAiMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHiCH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The Marital Settlement Agreement is incorporated but not merged with the Divorce Decree. J. i~~~o/~~} , .;/or ? ~ ~/L, 517 OIY If' % ~ hW /'P 9/ q/jl . ~.. *. ....~ " .~' ", --------- -