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HomeMy WebLinkAbout02-4384 PENNY J. HOON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002 - 43'0/ CIVIL TERM JUSTIN A. HOON, DEFENDANT 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 PENNY J. HOON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 2002 - ~34Y CIVIL TERM JUSTIN A, HOON, DEFENDANT IN DIVORCE COMPLAINT UNDER SECTION 3301(0) OR 3301 (d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Penny J. Hoon who resides at 207 Conodoguinet Avenue, Apartment #10, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Justin A. Hoon who resides at 28 Dogwood Lane, Dillsburg, York County, Pennsylvania 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 Complaint. 4. The Plaintiff and Defendant were married on February 15, 1998 in Mechanicsburg, Cumberland County Pennsylvania, 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 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. ~IU~, ~ 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: Cf-ll-Oa- ~ /111~ 8' '-1:fGe/V\.. Penny , on C) C~: i' 'I) ~ ~.':~l . ,J P ~ ~ -F ('''.~ -- ..... ::;:;.., '\-> -0 -I> ..0 ...,g ~ -): ~ "'" " .:-. .:-~ -- =2 I"'" ~ ..., '" .., -< .v, 'Cl PENNY J. BOON, PLAINTIFF IN TBE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002 - 4384 CrvIL TERM JUSTIN A. BOON, DEFENDANT IN DIVO'RCE AFFIDAVIT OF CONSEN'.l~ 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 12, 2002. 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: / d. - 11 -0 "- '~~. -+t~1Y"- PENNY ~r. () f f;p:-tJ tri,' rn ~".t:~ <,"- CJ5 't~ :::< :2.: ~t::; ~o .).;;0 ~ c 1'\,) fii r.-, I'\.) o. -0 .:Jc o -q :-;'1 ;J~'irJJ :~<;.~ f1~ ~-~).t 1\......) ~~~ ~ -< ~ ,:.v - PENNY J. BOON, PLAINTIFF IN TBE COURT OF COMMON PLEAS CUMBERLJ\ND COUNTY, PENNSYLVANIA v. NO. 2002 - 4384 CIVIL TERM JUSTIN A. BOON, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSEN~~ 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 12, 2002. 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: /;2 -;l) - () d-- (. )~ .r 8 ~;s: mR.{ <" ::C't ;:: 5:'. !::! '':;: I-4 .c. 'S: t:5 ~c ~() c :g -< w ff1 fi: C"') f\) 0". ~ --::.1 v ~ ;'ti;;g ~-()'T'l (~~'? !;:!jfi! <~ C') or...."! ~ ....... N .0 -- PENNY J. BOON, PLAINTIFF IN TBE COURT OF COMMON PLEAS CUMBERLMm COUNTY, PENNSYLVANIA v. NO. 2002 - 4384 CIVIL TERM JUSTIN A. BOON, 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: I'd- -17 -Od- #~~. -tI~ PENNY . ' N () 0 0 c f',,) -q ~ 0 rlirn rrt ~-;~ f'Ti ("") Z ::r: N zr CI>~' 0'\ -<:;:;: ,:;(~ ,<0 -0 :-',; =f..; ~O :x ~::~..~n $@ .'>J Om -I ~ W ~ PENNY J. BOON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002 - 4384 CIVIL TERM JUSTIN A. BOON, 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: /j!)-aJ~o~l#qt;-J{~ ~l A. BOON 8 0 0 N ~T~ -- 0 "'065 iT} 52r.. C") ""T-j ~~; N " ;-i"1 0') C."J' ~C5 :-~ ~.::) ::::::: "V -,-- " ~O ~ ~~?i~ -0 ~ .~"1:::" m :i>c: u 2: w ~ =< :0 -< PENNY J. BOON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 20012 - 4384 C:rvIL TERM JUSTIN A. BOON, DEFENDANT IN DIVORCE AFFIDAVIT OF SERVIC!~ I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on September 13, 2002 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant on September 14, 2002. ~''b. ~ Thomas D. Gould 10 # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 (") c s::: -atT! ~g;1 ~S; ~6 ~Q -( , >c ~ o r,) o fT1 n N 0"1 o -n ..,( };~ -n ,:;i~; ,-. .. ,:--..;(.:) g~ --{ s; -< v 3: ~ w PENNY J. HooN, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERIJ\ND COUNTY, PENNSYLVANIA v. NO. 2002 - 4384 CIVIL TERM JUSTIN A. BOON, DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE I, Justin A. Hoon, accept service of the Divorce Comp~aint in the above captioned matter. Dated: 1-/{/-6~ ,;t:~~ s tin jll. Boon 8 Dogwood Lane Dillsburg, PA 17019 DEFENDANT o c: $: "'0('.0 rnm,,' z....... z~~ ~:z' kC) ~8 i>c: ~ o N o r'Y1 n N 0'\ Q _.~ I i -rl 1- t~;i -0 -.. - .Q ~;,~ fS 01n -I 5) ~ ~ :..;I PENNY J. BOON, PLAINTIFF IN TBE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 200:2 - 4384 CIVIL TERM JUSTIN A. BOON, DEFENDANT IN DIVOlRCE 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 September 14, 2002 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, December 17, 2002; By Defendant, December 20, 2002. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in S 3301(c) divorce was filed with the Prothonotary on December 26, 2002. Date Defendant's Waiver of Notice in S 3301(c) divorce was filed with the Prothonotary on December 26, 2002. ~4I ,lj. Jb,.~ Thomas D. Gould, Esquire Attorney For Plaintiff n <:;) 0 C f'\J "11 ? c.:::J ~ ..i ""Uti:; ("T1 EPrr: C"") -,~- - -~...",! "-> --~:~~ 2:~, ~~? 0'"\ ~t) v i~;; ~8 :J:: ':'} 'Om ~ -J ~ W $ -< 1J.z - if 37'1 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this @..~ day of ~k.ib..vL , 2002, by and between JUSTIN A. BOON, (hereinafter referred to as "Husband") and PENNY J. BOON, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on February 15, 1998; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, one (1) child was born of this marriage, Alexis Marie Hoon, born February 17, 1997; 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 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, and each party hereto completely understand and agree that neither shall do nor say anything to the child of the parties at any time that might in any way influence the child adversely against the other party. , , 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. Neither party will make any claim to any items that are now in the possession nor under the control of the other. 4. AUTOMOBILES At the time of separation, June H, 2002, the parties own two (2) vehicles, a 1991 Chevrolet Lumina and a 1993 Ford Thunderbird. Husband is to be the owner of the 1993 Ford Thunderbird. Husband shall have all right and title to his vehicle. He shall maintain insurance on his vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicle. Wife is to be the owner of the 1991 Chevrolet Lumina. Wife shall have all right and title to her vehicle. She shall maintain insurance on her vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to her vehicle. 5. DIVISION OF REAL PROPERTY The parties own no real estate. 6. FINANCIAL ACCOUNTS, STOCKS, BOND~~ AND INVESTMENTS The parties have equitably divided their respective financial accounts, stocks, bonds, joint ventures, businesses and other investments. Each party shall maintain their separate accounts and investments and hereby release any interest they may have in the other's accounts, stocks, bonds, j oint ventures, businesses, real estate or other investments. 7. PENSION/RETIREMENT 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 and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 2 8 . MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. 9 . ALIMONY, SUPPORT AND APL Each party hereby waives, releases, discharges and gives up any rights either may have against the other to receive support, alimony pendente lite or alimony. 10. CUSTODY The parties agree that Wife shall have Legal Custody and Primary Physical Custody of their child with Husband having significant periods of Partial Custody as mutually agreed. Each party agrees to inform the other of the major parenting decisions affecting the child's health, education and welfare. Each party shall have the right to access the child's nledical, educational and other records. The parties agree that the above custody arrangement may be changed by the mutual agreement of the parties or, if the parties are unable to agree, through legal action. 11. CHILD SUPPORT Husband shall pay Wife $25.00 each week for child support. Payment must be received within 5 days of Husband's pay day. If Husband is late in his support payment Wife shall have the right to seek a Support Order and wage attachment. The support amount 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 Domestic Relations Office (DRO) or court of competent jurisdiction. 12 . FILING OF IRS RETURN Husband and Wife agree to file a separate tax return for tax year 2002 and separately in all subsequent years. 13 . DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage that Wife has filed, docketed at 2002-4384 CIVIL TERM. It is agreed that, after the expiration of the mandatory 90-day wai tin9 period, the parties shall promptly execute and allow to be filed the documents necessary to obtain an uncontested no-fault divorce. 3 14 . ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. 15 . INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 16. 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, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 17. 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. 18 . 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. 19. 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 otherfs estate. 4 20 . BiNDiNG AFFECT This agreement shall be binding upon the partiesf heirs, successors and assigns. 21. 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. 22 . PRiOR AGREEMENTS It is understood and agreed that any 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. 23. 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. 24 . DESCRiPTiVE BEADiNGS 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. 25. APPLiCABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. ik~ss ~ Witness WHEREOF, the parties sei ~~r I;and~;,fnd seals /O-';J[,.m~A~ -A.. cJfbCY1/' Date ~ustln A. Hoon 10- ~G-O~ Date r::, --1fc ~,.~ Pen ~. Hoon 5 Commonwealth of Pennsylvania: County of /!ILt~~ ~ ss PERSONALLY APPEARED BEFORE ME, this)L~day of V!3t ' 2002, a notary public, in and for the Commonwealth of Pennsylvania, Justin A. Hoon, 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. ~ Notary Public flJotaria.! Seal Katrina E. Stroka. iJota~ Public Derry Twp.. DRuphin vounty My Commission Expires Mar. ,28, 2005 Member, Penns'(lvaniaAssociation of Notaries Commonwealth of Pennsylvania: /),.. J!,. ~:/ -" County of ~~u : ss PERSONALLY APPEARED BEFORE ME, this 1/ day Of~ ' 2002, a notary public, in and for the CommonweafEb of Pennsylvania, Penny J. Hoon, 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. ~ Notary Public - Nc,tarial Seal P bile Katrina E. Straka, N'?ta~ u~ty Dp."ry Two., D8uptnnM 0 28 2005 ..1 . . \ r-"'p:yet:. ar. , My Cmmmss,a,1 c:,. "'"', . -"-r'aniaAsSociatlonot NotaneS Member, pennsy.. 6 o'~ ..~. -<~.. ~Cj ~8 ;}! c ~ ":-? ~:...) (,:) .- ~r'''l ~,j I") :- '-', ,'-' .,.... . . ;Ii ;Ii IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF AND NOW'~ DECREED THAT PENNY J. HOON ;Ii PENNY J. HOON, Plaintiff VERSUS ;Ii ;Ii JUSTIN A. HOON, if. if. Defendant AND JUSTIN A. HOON PENNA. No. 2002-4384 CIVIL DECREE IN DIVORCE :;0 2002 IT IS ORDERED AND , PLAI NTI FF, , 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 OCTOBER 26, 2002 IS HEREBY INCORPORATED IN THIS DECREE IN DIVORCE. p. J ROTHONOTARY ;Ii;li if. ;liff.;liff.;Ii;li;li-F. .'J .i -h z. ~ ~u, &-f-I ~ ~~~ ~-m [O-f./ . ~.. t .,. '. : ,'\ ~. ~.