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HomeMy WebLinkAbout05-1338MARINA A. HASSON, PLAINTIFF V. ABDI D. HASSON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C)5'7- 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 ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE OF AVAILABILITY QE COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 0 MADINA A. HASSON, PLAINTIFF V. ABDI D. HASSON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Madina A. Hasson who resides at 406 Orchard Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Abdi D. Hasson who resides at B CO 123 MSB, CMR 406, Box 108, APO, AE 09110. 3. The Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 11, 1988 in Manhattan, New York 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. There were three children born of this marriage Mohamed Hasson, born 7/9/92, Faduma Hasson, born 2/12/96 and Filson Hasson, born 2/20/01. 6. The marriage is irretrievably broken. 7. The Defendant is a member of the Armed Services of the United States and is currently stationed in Germany. 8. The Plaintiff has been advised of the availability of counseling 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. Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 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. 4904, relating to unsworn falsification to authorities. Date: &Iylo'a Madina A. Hasson Ilk V? n t 1 r MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this a q day of M A q , 2007, by and between Abdi D. Hasson, (hereinafter referred to as "Husband") and Madina A. Hasson, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on April 11, 1988 and, separated on January 6, 2005; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, three children were born of this marriage, Mohamed Hasson, born July 9, 1992, Faduma Hasson, born February 12, 1996 and Filson Hasson, born February 20, 2001; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each F to live separate and apart from the of places as he or she may from time to tj foregoing provisions shall not be taken of either party as to the lawfulness of leading to their living apart. arty at all times hereafter her party at such place or ne choose or deem fit. The as an admission on the part unlawfulness of the causes 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor 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, separate and apart from the other, and each party hereto completely understand and agree that neither shall do nor say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 1 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. 4. AUTOMOBILES Wife is to remain the sole owner of the 2002 Jeep. Wife shall be responsible for all costs, insurance, fees, liens, maintenance and other expenses related to her vehicle. Wife shall indemnify and hold Husband harmless for all liability and expenses related to her vehicle. 5. DIVISION OF REAL PROPERTY The parties are the owners of 406 Orchard Lane, Mechanicsburg, Cumberland County, Pennsylvania. The parties agree that the former marital home shall be sold or refinanced by Wife. Upon sale or refinance, Wife shall pay Husband $5,000.00 in full and complete satisfaction of any and all rights and interest that he may have in the former marital home. Wife shall have exclusive possession of the home. Wife shall assume full responsibility for all maintenance, taxes and the payment of the existing mortgages and notes. Wife shall indemnify and save Husband harmless from any liability on the accompanying mortgages, notes or other expenses related the former marital home. In the event of a sale of the former marital home, Wife shall be solely liable for any deficiency and Wife shall be entitled to all proceeds in excess of Husband's $5,000.00 from the sale. 6. PENSION/RETIREMENT Husband and Wife shall maintain their separate pension and/or retirement accounts, if any. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 2 I'll k. 7. MARITAL DEBTS Husband and Wife accumulated marital debt during their marriage. Husband shall be responsible for all debts solely in his name and Wife shall be responsible for all marital debts solely in her name, and the joint debt on the marital home. 8. CUSTODY The parties agree to share legal custody of the children. This means that the parties shall consult with each other regarding the major parenting decisions affecting the children's health, education and welfare and each parent has a right to the children's medical and educational records. Wife shall have physical custody of Mohamed and Faduma subject to Husband's periods of partial custody as mutually agreed and Husband shall have physical custody of Filson subject to Wife's periods of partial custody as mutually agreed. 9. CHILD SUPPORT Husband agrees to pay Wife $1,500.00 per month, effective April 2005, for the support of their children and to provide medical insurance for the children. The support amount, $1,500.00, shall be provided to the Cumberland County Domestic Relations Office (DRO) for the issuance of an Order and wage attachment to insure the prompt and consistent disbursement of Husband's child support obligation. The support amount or medical coverage may be modified with a material change in circumstances, as agreed by the parties. If the parties are unable to agree, either party may seek modification by the DRO or court of competent jurisdiction. Husband shall pay $750.00 twice monthly (on the 1St and 15th of each month) until the DRO wage attachment is completed. 10. FILING OF INCOME TAX RETURN Husband and Wife agree to file separate tax returns in 2004 and in all subsequent years. Beginning in 2007, unless otherwise agreed in writing, Husband shall claim Filson as a dependant and Wife shall claim Mohamed and Faduma as dependants. 11. SUPPORT/ALIMONY/ALIMONY PENDENTE LITE Husband and Wife hereby waive, release, discharge and give up any rights either may have against the other to receive spousal support, alimony pendente lite or alimony. 3 12. DIVORCE Wife filed complaint in divorce Cumberland County Court of Common Pleas, docket No. 05-1338 CIVIL TERM on March 15, 2005. The parties agree to cooperate with each other in obtaining a final divorce of the marriage. Each party, upon execution of this MSA shall sign the documents necessary to complete the divorce. It is agreed that the parties shall execute and allow to be filed the documents necessary to obtain an uncontested no-fault divorce. The terms and conditions of this agreement shall be bidding on the parties in any divorce action and shall survive the issuance of the decree in Divorce. Each party shall be responsible for their respective attorney fees and costs. 13. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated, not merged, into any subsequent Decree in Divorce. 14. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, titles, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 15. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 16. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party has had the opportunity to review this agreement and consult with an attorney of their choice. 4 i? 17. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, 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 snare in the property or the estate of the other as a result of the marital.relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 18. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 19. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict 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. 20. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 21. 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. 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 5 23. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals Q Witn ss Date k Abdi D. Hasson i'Wi ess Date Madina A. Hasson Commonwealth of Pennsylvania: ss County of Corn bvrlo'm PERSONALLY APPEARED BEFORE ME, thisclq day of this 2007, a notary public, in and for the Commonwealth of Pennsylvania, Madina A. Hasson and Abdi D. Hasson, known to me (or satisfactorily proven to be) the persons whose names are subscribed to the within agreement and acknowledged that they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public Oiy11MJNW1LAL:FYi OF PENN SYLV./,NIIA Notarial Seal I Diane L. Golden, Notary Public 1 Mechanicsburg Eoro, Cumberland county My Cclnmiss;_m Expires Nov. 29, 20,07 b;E nor .:? c ?i,:vn e` Pdo±ari?- 6 ?? ? r`' - ?"i 4,,.. 'T ^! _._ _. ?, ? ? ? S?. " f,,,J ?:: ? ? . '"S'S -:-_ , G? "?? '? r'y ? :?:_? MADINA A. HASSON, IN THE COURT OF COMMON PLEAS PLAINTIFF CLAMERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 1338 ABDI D. HASSON, IN DIVORCE DEFENDANT ACCEPTANCE OF SERVICE I, ABDI D. HASSON, accept service of the Divorce Complaint in the above captioned matter. Dated: -j ABDI D. HASSON B CO 123 MSB CMR 406 BOX 108 APO, AE 09110 DEFE NDANT C v e?. MADINA A. HASSON, PLAINTIFF V. ABDI D. HASSON, DEFENDANT IN THE.COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 1338 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 15, 2005.. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: MADINA A. HASSON t'"•' ?.> t„J a -l • w G? .-„{ trry? ? W .., wYy • r??? u .,.J [.•E?? ?, ? ?? MADINA A. HASSON, PLAINTIFF V. ABDI D. HASSON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 1338 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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 this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. &Zm?l -- - DATED: e ty /MMEh-NA A. HASSON Clj i n M - r, NADINA A. HASSON, PLAINTIFF V. ABDI D. HASSON, DEFENDANT IN THE COURT OF COMKON PLEAS CUKBERLAND COUNTY, PENNSYLVANIA NO. 05 - 1338 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 15, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 0 AB I D. HASSON ?. a ?n? :,y '? C? ?.? .. c .. ?? . ? f i W T .?ti "" '_? ;'S ?.' .., ^? ..yi ? •^ A MADINA A. HASSON, PLAINTIFF V. ABDI D. HASSON, DEFENDANT IN THE COURT OF COMMON PLEAS CUKBERLAND COUNTY, PENNSYLVANIA NO. 05 - 1338 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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 this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: (. L 10, in 0 ABDI D. HASSON N r, 'O a MADINA A. HASSON, PLAINTIFF V. ABDI D. HASSON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 1338 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit. the record, together with the following information, to the Court for the 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: March 21, 2005, Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, January 23, 2008; By Defendant, January 8, 2008. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on January 23, 2008. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on January 23, 2008. Thomas D. Gould, Esquire °? `,? ,_ z ?t-? L:., raa .--5 ?_ ? ? ?.. ? ,` ? _> ' r ,J .. ? `?^- ?"? IN THE COURT OF COMMON PLEAS MADINA A. HASSON, Plaintiff VERSUS ABDI D. HASSON, Defendant NO. 2005 - 1338 CIVIL DECREE IN DIVORCE AND NOW, i 1" y?? ` ^? , ICU, IT IS ORDERED AND DECREED THAT MADINA A. HASSON , PLAINTIFF, AND ABDI D. HASSON 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; The Marriage Settlement Agreement dated May 29, 2007 is hereby incorporated into this Decree in Divorce. BY THE COURT: ?? -? U'?\ ATTEST: A J. PROTHONOTARY OF CUMBERLAND COUNTY STATE OF PENNA. *r-, g 0" J 4v - . 1E-