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HomeMy WebLinkAbout06-3111 , Thomas D. Gould, Esquire I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 LISA J. HARTMAN, PLAINTIFF IN THE COURT ClJMBERLAND v. NO. O~- 2/1 EDWARD A. HARTMAN, DEFENDANT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGH S OF COMMON PLEAS , PENNSYLVANIA GUI'LY&2-"I YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, yo 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 m y also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or proper y or other rights important to you, including custody or visitatio of your children. When the ground for is indignities or irret ievable breakdown of the marriage, you may request marriage coun eling. A list of marriage counselors is available in the Cour Administrator's Office, Fourth floor, Cumberland County Courth use, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIV SION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANN LMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CA Lawyer Referral Service Cumberland County Bar Associati n 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 ONCE. IF YOU DO OR TELEPHONE THE GET LEGAL HELP. , NOTICE Q[ AVAILABILITY Q[ COUNSE~Dm i I I I I TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in i a Complaint in a divorce proceeding filed in the Court of Common leas of Cumberland County. This notice is to advise you that i accordance wi th Section 3302(c) of the Divorce Code, you may req est that the court require you and your spouse to attend marriage ounseling prior to a divorce being handed down by the court. A l'st of professional marriage counselors is available at the Domesti Relations Office, 13 North Hanover Street, Carlisle, Pennsylvani You are advised that this list is kept as a convenience to y u and you are not bound to choose a counselor from this lis All necessary arrangements and the cost of counseling session are to be borne by you and your spouse. If you desire to pursue counseling, you mu t make your request for counseling within twenty days of the date n which you receive this notice. Failure to do so will constitu e a waiver of your right to request counseling. THOMAS D. GOULD Attorney for Plaintiff I.D. # 36508 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 v. IN THE COURT OF COMMON PLEAS COMBEIUoAND , PENNSYLVANIA NO. cx...-]'I { Gu;L' IV-.,,\ LISA J. HARTMAN I PLAINTIFF EDWARD A. HARTMAN, DEFENDANT IN DIVORCE COMPLAINT UNDER SECTION 3301 ( ) OR 3301(d) OF THE DIVORCE CODE IN IVORCE 1. The Plaintiff is Lisa J. Hartman w 0 resides at 636 Grantham Road, Grantham, Cumberland County, Pe nsylvania 17022. 2. The Defendant is Edward A. Hartman wh resides at 221 W. Siddonsburg Road, Dillsburg, York County, Penn ylvania 17019. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Compla nt. 4. The Plaintiff and Defendant were ma ried on August 13, 1992 in Antigua, West Indies. 5. There have been no prior actions of ivorce or annulment 6. There were no children born of this iction. between the parties in this or any other 7. The marriage is irretrievably broke , 8. The neither party is a member of the armed services of the United States or its allies. 9. The Plaintiff has been advised of t e availability of counseling and that Plaintiff may have the rig t to request that the Court require the parties to participate i counseling. 10. Plaintiff requests the court to nter a decree of divorce. ., Thomas D. G Attorney fo 1. D. # 3650 2 East Main Street Shiremansto n, PA 17011 (717) 731-1 61 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false stateme ts herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: S;/..3// ~f.t Ct'~ t( ~ 0 ...., 0 ,,,-, c: ~:) ~11 - <~ -0 .< .-:-.~ ~-n C) ):r t'11-" --.~, -nG W ~-l)'~r - lI( '_3c-, ~ .--, () ".- "'0 '_-;.-1-\ , < '-}~~ ~ ~ ~ ',~)\ n ::-::\ ;;;:; - :Q. 0 $? ~ LISA J. HARTMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006-3111 CIVIL EDWAlU> A. HARTMAN, DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE I, Edward A. Hartman, accept service of the Divorce Complaint in the above captioned matter. Dated: 6/;l. lob ~r\\}- ...... Edward A. Hartman 221 W. Siddonsburg Road Dillsburg, PA 17019 DEFENDANT ~ '€j. c/> Cri I Cf' ~ ""- -oc~.:, rDP' -:;~ ,- ~:( "?<~ -"",{,-, y.'~ :z :2. \ \ \ \ \ \ \ \ i \ I \, , *, ~ .... q, ~.." rr'\f: -a'-m -nO ;:Jh :-i~ :.t; C)6 "6;"'1" ,,-\ ~ ...p, ~ ()l LISA J. HARTMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERIAND COUNTY, PENNSYLVANIA v. NO. 06-3111 CIVIL TERM EDWARD A. HARTMAN, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) 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: 9-s-o~ ~Q ~ du/rr7rl~ LISA J. TMAN (') ..., = 0 c = -0 ~ "'" rilq:; (/l :C.,., ,...-, zr:! -0 nlF -:Z! I -om (/) .~1:JC) -<. CT\ :::>' r::~ L:~:1r? <<~ ;>.-. ;po fS:C1 ~:~~ ::g ..:,...() cD Om Z --t ::2 w 35 en '< r LISA J. HARTMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBElUAND COUNTY, PENNSYLVANIA v. NO. 06-3111 CIVIL TERM EDWARD A. HARTMEN, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 31, 2006. 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: 9-5" -0 ~ ~" 2, /tk'A LISA J. TMAN o c Z \'JC.' "-"r", .~,;.. ." 71-. ~i_ ~2 ~ \ \ \ \ \ \ \ \ ....., = = cr- (I') rr; -c I C]'\ o '" -I ::J:,::!J "..- -oi'"T1 -pC) r-''''ll, 1:f,'; G;(~\ ;~n'. :::., ?o :...,; ",. ::;:; 'P. w C]'\ LISA J. HARTMAN, PLAINTIFF IN TijE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV1UfIA v. NO. 06-3111 CIVIL TERM EDWARD A. HARTMAN, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIV01Zl"lP. DE~1Z1l!ll UNDER SECTION 3301(0) 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: Cf Is1cJ6 ~W~ ' EDWARD A. HARTMAN 2 <: '"'Cl(r~ me ~~~., f:2 !.;:C:- ""u :t>c.:: :z: ::2 " \ \ \ I \ ';;:; "'" a" (/) f'"\ -0 1 CT\ ~ :C'Tl rl1p -om ~.nO I:;)h ;':l-f. ",--;:"l -::>- '~Z:~ S\ ~ ~ '!? (..) CT\ . , MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this )~ day of )4aLY ' 2006, by and between EDWARD A. HARTMAN, (hereinafter referred to as "Husband") and LISA J. HARTMAN, (hereinafter referred to as "Wife") . WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on August 13, 1992; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for their liabilities and provisions for the resolution of their mutual differences, after both have had free and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing; 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 party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission by either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 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. 3. DIVISION OF PERSONAL PROPERTY The parties have equitably 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 The parties have accumulated various vehicles during their marriage. Husband shall have all right and title to the 1996 Chevrolet Monte Carlo, 1984 BMW and 1989 Dodge Ram Charger. He shall maintain insurance on his vehicles and be responsible for all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicles. Wife shall have all right and title to the 2000 Dodge Durango, 1974 Chevrolet Corvette and 1969 Ford Mustang. She shall maintain insurance on her vehicles and be responsible for all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to her vehicles. 5. DIVISION OF REAL PROPERTY The real estate owned by the parties as tenants by the entireties situated at 221 West Siddonsburg Road, Dil1sburg, York County, Pennsylvania shall be conveyed in fee simple to Husband. Husband shall assume full responsibility for all maintenance, taxes, the payment of the existing or future mortgages and notes and other expenses related to the former marital home. Husband shall indemnify and save Wife harmless from any liability on any mortgages, notes or other expenses related the former marital home. The marital home has been appraised at $390,000.00. Husband shall pay Wife($105,OOO.OO) as her share of the equity in the marital home and other marital assets. Husband's payment shall be made at the time of Husband's settlement on his mortgage, expected to occur on or before May 27, 2006. Upon receipt of Husband's $110,000.00 payment, Wife shall execute a Deed, prepared at Husband's expense, transferring her interest in the marital home to Husband. 6. PENSION AND RETIREMENT ACCOUNTS Husband and Wife shall maintain their separate pension and/ or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts. Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 2 7 . MARITAL DEBTS All marital debts have been equitably divided and or satisfied. Husband shall be responsible for all debts solely in his name and Wife shall be responsible for all debts solely in her name. Each party agrees to indemnify and hold the other harmless for any debt that they are responsible for pursuant to this Agreement and shall take any action required to remove the other from responsibility for a debt as set forth in this Agreement. 8 . FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have fully disclosed their marital financial assets. Each party shall be liable for any tax consequences related to the sale or exchange of their accounts, real estate, stocks or bonds or other assets under their control. Each party shall maintain their separate accounts and investments and hereby releases any interest they may have in the other's accounts or investments and shall sign all documents required to distribute the assets as set forth in this agreement. The parties agree that this distribution of assets is a fair and equitable division of their marital assets considering all the factors set forth under the Pennsylvania Divorce Code. 9. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE up any support, Each party hereby waives, releases, discharges and gives rights either may have against the other to receive alimony pendente lite or alimony. 10. FILING OF IRS RETURN Husband and Wife agree to be equally liable for any deficiencies or refunds for jointly filed tax returns and agree to file separate tax returns in future years. 11 . DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. Wife shall file, at her expense, an uncontested no-fault divorce in the Cumberland County Court of Common Pleas. Husband agrees to accept service of the Complaint in Divorce. Upon the expiration of the mandatory 90-day waiting period, the parties agree to sign and allow to be filed the documents necessary to obtain an uncontested no-fault divorce. 3 12 . ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. 13. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 14 . CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement, or request of the other party, execute any and all written instruments assignments, releases, vehicle titles, deeds or notes or other 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 seek legal recourse including but not limited to suing 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 their legal rights with an attorney of their choice. 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 share 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/executor of the other's estate. 4 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 prior agreements, except for the Partial Marital Settlement Agreement, which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 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. 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 '"WJ,uWfi 4J- tlUvru..d- Witness M jJ) bo-.ij! SI22J~& Date ~J ^-.l -::, EDWARD A. HARTMAN -Af:~ ~ ;j~~ LISA J. HARTMAN Witness 5/>>jov Date 5 Commonwealth of Pennsylvania: County of Cum~ ss PERSONALLY APPEARED BEFORE ME, this~cl day of 'fYlatJ- , 2006, a notary public, in and for the Commonwealth of Pennsylvania, ~ A. HAR~, known to me (or satisfactorily proven to be) the person whose name is subscribed to the wi thin agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~EALTH OF PENNSYLVANIA NdIlIaI Seel VaIIde s..,.,jd" NoIaIy NJIiC '~'T M\Twp..cu.I.....ld~ MyQ....1 . ,E>pInI8New.3O, ~,P.....,mnla AuoclatlOn Of ",ot.d.. ~J~ Notary Public Commonwealth of Pennsylvania: County of ~().J1.i ~ ss PERSONALLY APPEARED BEFORE ME, this day of , 2006, a notary public, in and for the Commonwealth of Pennsylvania, LISA J. HAR~, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NdIlIaI Seel VaI8de S. SIIIdoick. NoIaIy NJIiC I ..lpdIn Twp.. cu.,....1d Cclunly MyCG...mIIIIon __ New. 30, 211118 _', ......ytv.nl. A1soo1.11on Of "'..a.... i/OJLwJP~a.~ti ' Notary Public 6 ~ ~ ~ .... I C1' (":l c: S -o~'t~ fTl.j " 'Z,"r. 7:'~, (r~ >',. C:\" ~,~. :-'-'J'!' :j;. ?~~ ~ ~ '~ :i!-n n'lr:' ~'8 .?1<?: ,_'or, (~)';:':"\ :;;;-;(1:' S ~ _.c,. 'R L') CJ' LISA J. HARTMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBElUJ\ND COUNTY, PENNSYLVANIA v. NO. 2006 - 3111 CIVIL TERM EDWARD A. HARTMAN, DEFENDANT 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: On June 2, 2006 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, September 5, 2006; By Defendant, September 5, 2006. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in S 3301(c) divorce was filed with the Prothonotary on September 6, 2006. Date Defendant's Waiver of Notice in S 3301(c) divorce was filed with the Prothonotary on September 6, 2006. -zh-t/4 P. 12_// Thomas D. Gould, Esquire Attorney For Plaintiff (") c s: vlJ fTlr Z,~;, "7( ~~ ~~"--- r:...-.:(__ :i:: ~'~'" 5:>2'.-: -.,- :;! ......, = = o~ (/') f"-' -0 I Cf'l o -n ..... ~~ n,- on F.; '.....-. "~)"-.,J 6,1., :~~ ::., ~ "'" ::I:: 'f? w Cf'l ;I; '" ;I; '" '" '" '" '" ;I; '" '" '" ;I; ;1;'" ;I;;+; ;+;;+; ;+;;+; ;+; ;+;;+;'" ;+;;+; Of.;+;;+; Of. :f.;+; :f. ;+; Of. :f. :f. :f. ;+;;+; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF LISA J. HARIMAN, Plaintiff VERSUS EDWARD A. HARIMAN, Defendant AND NOW, September 13 PENNA. No. 2006-3111 CIVIL DECREE IN DIVORCE DECREED THAT LISA J. HARIMAN AND EDWARD A. HARIMAN ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2006 , ., IT IS ORDERED AND Of.;+;!I' ;t;Of."'", '" Of. '" ;+; ;+; ;+; Of. 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 , PLAINTIFF, , DEFENDANT, '!HE MARRIAGE SEITLEMENT AGREEMENT DATED MAY 22, 2006 IS HEREBY INCDRroRATED IN'IO THIS DECREE IN DIVORCE. ByTHECOU T' 4~ ",,,,:f.;+; :f.:f.:f. ;+; :f.;+;:f. !I' ;+; HONOTARY !I' :f. !I' ;t; '" :f. :f. '" '" :f. '" '" '" Of. '" :f. +. '" +. +. '" +. '" '" :f. +. '" +. '" '" +. Of. J. '" '" :f. ..-rf;o ?' ~ ~J1., ')~ 9;1 - & ~r:? ~ ~O'~ 1{J'~/'b ..ow. .. - '.