HomeMy WebLinkAbout95-06453
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: IN THE COURT OF COMMON PLEAS :
. OF CUMBERLAND COUNTY 8
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: STATE OF ~:"4it~t PENNA. :
~ GARY E. HARTMAN, 8
I!I No. 95-6453 ......,......... 8
. Plaintiff {l
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8 . .JENNIFER W, HARTMAN, .
8 Defendant .
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DECREE IN
DIVORCE
AND NOW, ' " " " , . ~H.o:-.~. " /.1:, ' " 19 ~,6. . ". It Is ordered and
decreed that..... G.a.~y. ,E.,. .'.I~.r~f!1?n..........."."".,....... plaintiff,
and... . , " . .~~!Ir.i.~~~. ."! ~. !l.a.J;'~r.n.B.'1. , ". , . .., . " , , , ". . ". , .. 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:
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.Qc:t;(lhlu: . n". , 1 !:l.96, . a,nd. a.t.tached. hereto, .a reo .incor,pora.ted. no ndn I)ut
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1. VOLUNTARY AGREEMENTI It is acknowledged by the parties
that this Agreement is entered into voluntarily and after due deliberation by
each of them.
2. SEPARATION AND NON.INTERFERENCEI It shall be lawful
for Husband and Wife at all times hereafter to live separate and apart from each
other and to reside from time to time at such place or places 08 they shall
respectively deem fit, free frorn any control, restraint, harassment or
interference, indirect or direct, from each other. The foregoing provisions shall
not be taken to be an admission on the part of either party of the lawfulness or
unlawfulness of the causes leading them to live apart.
S. DIVORCE ACTION: The parties acknowledge that an action for
divorce between them has been filed by Husband in the Court of Common Pleu
of Cumberland County, Pennaylvania, Hartman II. Hartman, No, 911.64118
Civil Term, In Divorce. The parties hereby acknowledge their Intention and
agreement to proceed in said action to obtain a final decree in divorce by mutual
consent on the grounds that their marriage is irretrievably broken, and to settle,
amicably and fully hereby, all claims which might be raised by either party In
the divorce action, The parties acknowledge that they will execute
simultaneously herewith the necessary Affiduvits of Consent for the entry of 0
final divorce decree in the pending action.
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4.
COLLEGE EXPENSES:
a. The parties acknowledge and agree that they have heretofore
jointly contributed to and Incurred debt in connection with the higher
educations of their children and that the current outstanding balance of
education loans incurred is approximately THIRTY. SIX THOUSAND FOUR
HUNDRED ($86.400) DOLLARS. Wife agrees to pay SIX THOUSAND
FIVE HUNDRED ($6.500) DOLLARS toward such debt at or prior to the'
distribution of the proceeds of the sale of the marital residence. Such payment .
by Wife shall include any payments made on the debts since August 1, 1996,
excepting that payment on the debts of approximately ONE THOUSAND
EIGHT HUNDRED ($1.800) DOLLARS made by application of a refund
check received from MaryMount Manhattan. Husband agrees to accept full
responsibility for the balance of the outstanding debts, Including a Plus loan
listed in Husband's separllte name only.
b. The parties acknowledge that since both children are 18 years
of age, tho said Plus Loan is the only legal obligation of the parties rather than
of the children. Notwithstanding the legal nature of such payments, Husband
hereby agrees that he shall be fully responsible for such educational debts, and
that this agreement shall be enforceable in such regard by Wife against
Husband, and against Husband by their chlldron.
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jointly paid the realty taxes and cost of homeowners insurance. Wife agrees to
continue to reside in the residence until December 1, 1996, or until the premisos
are sold, whichever shall first occur, upon the present arrangement upon
Husband's agreement to share the cost of yard maintenance, snow removal, and
home and appliance repairs as well as the realty taxes and homeowners
insurance. 'rhe parties agree that if the premises are not sold by December I,
1996, Wife shall have the option, upon sixty days notice to Husband, of vacating
the premises. In such event, the parties agree to attempt to lease the premises,
and to be jointly responsible for any costs related to the marital residence in
excess of any rent realized.
b, The parties acknowledge that the said residence is presently
listed for sale and agree to cooperate to facilitate the early sale of the premises,
The parties agree that the net proceeds of the sale of the residence shall be
distributed as follows: 71% to Wife and 29% to Husband. Husband agrees to
report all proceeds from the sale on his state and federal income tax returns and
Bhall be responsible for, and indemnifY and hold Wife harmless with regard to
all taxes that may be due as a result of the sale of the residence, other than the
state realty transfer tax.
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c. Husband is tho owner of certain real property located at 104
Artillery Drive, Gettysburg, PA. Wife hereby waives any marital claim, right,
or interest she may have in said property.
d. The parties acknowledge and certifY that they own no other
real property either jointly or individually.
7. PERSONAL PROPERTYI
a. Wife shall retain the 1990 Toyota Camry, Adams County
National Bank stock, the New England Life Insurance, all interests in her
TIAAlCREF retirement through Harrisburg Area Community College, all
interests in her YWCA retirement, all interests in her Balcor IRA, and all
interests in her Adams County National Bank IRA.
b. Husband shall retain the 1985 Toyota Camry and the 1986
Chevy Van, all interest in the HARTMAN & YANNETTI Profit Sharing Plan,
all interests in his Balcor IRA. all interests in his New England Life Insurance
Plan, and all interests in his Adams County National Bank IRA.
c, The parties acknowledge that Husband's interest in his law
practice is marital property, and it is agreed that all right. title, and interest to
said practice shall be retained by Husband,
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e. The parties acknowledge that there has been additional
tion of their items of personal, tangible and intangible property, between
ince their separation, and, except as otherwise provided for on this
ent, or as may be mutually agreed upon by the parties, each agrees that
sion of such property is to their mutual satisfaction, subject to the
upon distribution of household goods and furnishings and personal
to be distributed by mutual consent of the parties.
f. Except as otherwise provided for within this Agreement, each
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e parties shall hereafter own and enjoy, independently of any claim or right
,l,tiher party, aU items of personal, tangible and intangible property now
...after owned or held by her or him with full power to dispose of the same
voly and for all purposes as if she or he were unmarried.
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, .'., 8. PENSION RIGHTS I The parties agree that they each waive any
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; ,t, ,1IUt ilhlaim. to or inter!lst in any pension rights or retirement funds of the
,
other party.
O. INCOME TAX. Husband and Wife agree to file separate Federal
Incom!l Tax returns for 1996, with each assuming full responsibility for the
accuracy of their respective returns and for the wnount of any and IllI taxes,
penlllties or interest that may be arreared or due.
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10. DEBTS OF THE PARTIESI
a. The parties certifY and acknowledge that they hove at this
time no joint debts or liabilities oside from the real estate indebtedness for the
marital real estate referenced above, and aside from other obligations referenced
or set forth herein.
b. The parties agree that they will not in the future contract or
incur any debt or liability for which the other party, his or her property or
estate, might be responsible and each further agrees to indemnify and save
harmless the other party against any claims that may be osserted by anyone
against the other party by reoson thereof.
11. NON.MERGER IN DIVORCE DECREEI The parties agree that
in the event of absolute divorce between them, they shall nonetheless continue
to be bound by all the terms of this Agreement, and neither this Agreement, nor
the terms hereof, shall be deemed to hove been merged in any decree or
judgment granted in the divorce action, but shall survive and be forever binding
upon the parties.
12. EXECUTION OF DOCUMENTSI Each of the parties shall, from
time to time at the request of each other, execute, acknowledge and deliver to
the other party any and 011 further instruments that may reasonably be required
in order to give full force and effect to the provisions of this Agreement.
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13. MUTUAL RELEASE AND COUNSEL FEES I
a. Except as provided for in this Agreement, the parties hereby
remise, release, quit-claim and forever discharge each other and the estate of
each other, for all time to come, and for all purposes whatsoever, from any and
overy claim, including alimony, alimony pendente lite, spousal support, equitable
distribution of marital property, counsel fees or costs under the Divorce Reform
Act, or otherwise, that they make or hereafter make in and to or against each
other's estates or any parts thereof, whether by way or dower or curtesy, or
under the intestate laws, or the right to take or elect against the other's will,
except only such rights as accrue pursuant to this Agreement.
b. Each party hereto agrees that he or she shall individually be
responsible for any and all counsel fees and expenses incurred by him or her in
connection with the preparation of this Agreement and the divorce between the
parties.,
14. NON-WAIVER: The failure of either party to insist in anyone or
more instances upon the strict performance of any of the terms hereof in this
Agreement shall not be construed as a waiver or relinquishment of such term
or terms in the future.
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16. RECONCILIATIONI The parties agree that in the event of a
reconciliation between them, this Agreement shall continue in full force Wld
effect unless terminated by mutual written consent.
16. BREACHI In the event that either party breaches Wly provision
of this Agreement, he or she shall be responsible for Wly and all costs incurred
to enforce the Agreement, including, but not limited to, court costs Wld counsel
fees of the other party. In the event of breach, the other party shall have the
right, at his or her election, to sue for damages for such breach or to seek such
other Wld additional remedies llB may be available to him or her, including
equitable enforcement of the Agreement.
17. ENFORCEMENTI The parties agree that this Agreement or Wly
part or parts hereof may be enforced in Wly court of competent jurisdiction,
18. APPLICABLE LAW AND EXECUTIONI The parties hereto
agree that this Agreement shall be construed under the laws of the
Commonwealth of PennsylvWlla, Wld shall bind the parties hereto, Wld their
respective heirs, executors Wld llBslgns. This Agreement shall be executed as
original in quadruplicate.
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GARY E. HARTMAN,
Plalntlll'
: IN TIlE COURT OF COMMON PLEAS
: ClJMDERLAND COlJNTY,I)ENNSYL VANIA
v.
.
: NO. t/.5, &4"5'J tIt~fltl
.
: CIVIL ACTION. LAW
: IN DIVORCE
JENNIFER W. HARTMAN,
Delcndant
JIIIOTICE 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 arc warned that if you fall 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 rnay also he entered against you for any
other claim or relief requested in these papers hy the I'lalntilT. You may lose rnoney or
property or other rights important to you.
When the ground for divorce is Indignities or irretrievable hreakdown ofthe
marriage, you may request marriage counseling. A list of marriage counselors is
available In the office ofthe Prothonotary at the Cumberland County Courthouse,
Carlisle, Pennsylvania 17013,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES DEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE TUIS PAPER TO YOUR LA WYER 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.
Court Administrator
Cumherland County Courthouse
I Courthouse Square, Fourth Floor
Carlisle. I' A 17013
(717) 240-6200
GARY E. HARTMAN,
PhtlntltT
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, I)ENNSYL VANIA
: NO.
v.
JENNIFER W. HARTMAN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT UNDt<:R SECTION 330Hc)
pF THE DlVOllCE CODE
I. Plaintiff Is Gary E. Hartman, who has resided at 104 Artillery Drive,
Gettysburg, Adams County, I)ennsylvanla, for the last three (3) months.
2. Defendant Is Jennifer W, Hortman, who has resided at 70 Park Avenue,
Gettysburg, Adarns County, Pennsylvania, for the last twenty (20) years,
3. Plaintiff and Defendant have been bono fide residents In thc
Commonwealth for atlcast six (6) months Immcdlatcly prcvlous to the I1Ung of this
Complaint.
4, l1te l'lolntlffond Dcfcndont were married on June 15, 1968 In Gettysburg,
Pennsylvania
S. Then~ hove been no prior actions of divorce or thr annulment bctween thc
parties.
6. Neither ofthe parties In this action Is presently a member ofthe Armed
Forces,
7. The PlaintllTand Defendant are both citizens ofthe United States.
8. Plaintiff has been advised of the availability of marriage counseling and that
he may have the right to request the Court to require the parties to participate in such
counseling. Being so advised, Plaintiff docs not request that the Court require the parties
to participate In counseling prior to a divorce decree being handed down by the Court.
COUNT I - DIVORCE
9, The Plaintiff avers that the grounds on which the action is based are as
follows:
That the marriage Is irretrievably broken.
COUNT II - [QUIT ABU DISTRIBUTION
10. During the marriage. IllalntllTond Defcndant have acquired various Items of
marital property. both real and personal, which are subJect to equitable distribution under
Chapter 35 of the Divorce Code.
WUEREFORE. Plalntlll'rcqucsts this Ilonoroble Court:
a. Enter a dccrce of divorce;
b. Equitably distribute 011 property, both personal and real, owned by the
parties;
c. Grant such furt.her relief os the Court may dcem equitable and just.
Respectfully submitted.
ifa
Marlo P. C gnelll,
Sup. CI.I.D. #27914
132-134 Walnut Street
P.O. Dox 689
Harrisburg, P A 17108-0689
(717) 232-2103
Dated: November 7,1995
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VUIPICATION
I verify that the statements made in the foreID1nl Complaint in Dlvel'os are
true and correct. I undel'lltand that falle stataments herein are made subject to the
penalties or 18 Pa. C.8. 148M relatlnl to unsworn fa1sKlll8tlon to luthoritlel.
c!:
Date:~
GARY E. HAnTMAN
1)lalnllO'
: IN TilE COUHT 0.. COMMON PLEAS
: CUMUEIU.AND COUNTY, PENNSYLVANIA
v.
: NO. 95. M5:l CIVIL TEnM
JENNIFEH W. HAnTMAN
lJefcllIlunl
: CIVIL ACTION. LAW
: IN IlIVOHCE
AFFIDAVIT OF ACCEPTANCE OF SERVICE
lucccpt scrvlcc of Ihc IJlvorce CIIIlI"lulnl on hehalf IIf Ihll defendanl, Jcnnlfer W.
Hartlllun, and ccrtlfy Ilmt lum uUlhorlzl!d III till 80.
IJATEI 11/19/96
C(1JcQc~
Andreu C. Jueohsc/l, Esq.
JACOBSEN & MILKES
52 E. IIlgh Slreel
Curllsle, PA 17013
GARY E. HARTMAN,
I'lalntll1'
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, I'ENNSYL VANIA
v.
: NO, 95-6453
JENNIFER W.IIARTMAN,
Dcfcndant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDA VIT 01<- CONSENT
\. A Complaint In Divorcc undcr Scctlon 3301(c) ot'thc Dlvorcc Code was
filcd on Novcmbcr 13, 1995.
2. 'Ilte marriagc of PlalntilT nnd Dclcndant is irretricvably brokcn. and ninety
(90) days havc elapscd Irom thc dnte ofthc llIln!! ot'the Complnint.
3. I conscnt to the cntry ofn linal decrcc ofdlvorcc nllcr scrvicc ofnotlce of
intention to request cntry ot'thc decrce.
I verify thnt the statcmcnts made In this all1dnvit arc true nnd corrcct. I undcrstand
that falsc statcmcnts herein ure mndc 5uhj;:CI to the pcnaitic~ or I II l'il.C.S. Sccllon 4904
rclatlng to unSWOnl thlsilication to authoritlcs.
Date: I Jj.; ;?c
.;:- / p---
: IN TIlE COURT OF COMMON PLEAS
: CUMBElU.AND COUNTY. PENNSYLVANIA
GARY E. HARTMAN,
PIBintllT
v.
: NO. 95.6453 CIVIL TERM
JENNIFER W. HARTMAN,
Defendnnt
: CIVIL ACTION. LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE UNDER
1330111)\ OF TilE DIVORCE CODE
1. 1 consent to the entry of n finnl Decree of Divorce without notice.
2. 1 understand thntl mny lose rights concerningnlilllony. division of properly,
lawyer's fees or expenses if I do not c1nilllthclU before n dlvorec Is granted.
3. I understnnd that I will not bc divorced until a Divorce Decree Is entered by the
Courlnnd that B copy of the Decree will be sent to me immcdlntcly after it Is l1Icd wllh the
Prothonotary .
1 verify thnt the statements mnde In this afiidnvit nre true and correct. 1 understand that
false statements herein nre IllBde subject to thc pennllies of IHPn,C,S, fi 4904 relating
to unsworn falslficntion to nuthorllies.
DATE: 1Jf/rt
2/rU
E. IIARTMAN, l'lnintiff
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IOUMBBRLAND OOUNTY, PENNSYLVANIA
I
v. INO. 85.&&18 OML TERM
I
.JENNIFER W. HARTMAN, IOMLAOTION LAW
Defendant IIN DIVORCE
AFFIDAVIT OF OONSENT
1. A Oomplaint Under Section 3301(c) of the Divorce Code wu filed on
November 13, 199ft.
2. The marriage of plaintiff and defendant is irretrievably broken and
ninety days have elapsed from the date of flUng the Cemplaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, divi.ion of
property, lawyer's fees or eJtpensesif I do not claim them before a divorce is
p-anted.
In addition, I specifically acknowledge that a full and final settlement of
all property and other rights of the parties haa been entered between the
Plaintltl. and Defendant by written agreement dated ~ ':1.:2.- I 1996.
I veritY that the statements made in the Affidavit are true and torrect. I
understand that false BtatementB herein are made Bubject to the penaltieB of 18
Pa.C.S. I 4904 relating to unBworn falBlfication to authorities,
v,~IIk~#tLJ
, NNIF L. WEAVER, formerly,
JENNIFER W. HARTMAN
Date: /tJ/~/96
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: OML . AOTION
: IN DIVOROE
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: OUMBERLANDOOUNTY, PENNSYLVANIA
V,
JENNIFER W. HARTMAN
DeCendant
.
.
: NO. 95.6453
WAIVER OF NOTIOE OF INTENTION TO REQUEST
ENTRY OF A DIVOROE DEOREE
UNDER I 1101(0) OF 11IE DIVOROE OODE
1. I tonNnt to the entry of a final decree of divorce without notice.
2. I underltand that I may 10118 rlghtl toncernlng alimony, divialon of
property, lawyer'l Ceel or expeneellf I do not claim them berore a divorce II lJI'anted.
8. I underltand that I will not be divorced until a divorce decree il entered
by the Oourt and that a copy of the decree will be eent to me immediately after it il
tued with the prothonotlU')'.
I verity that the ltatementa made In tWI aftldavit are true and torrect, I
underltand that faiN Itatementl herein are made lubJect to the penal tiel of 18 Pa.O.B,
I 4904 relatiq to un.worn falllneation to authoritlel. )
'Date: /tJ/n/96 ~. ;a~~~
. . NNI L. WEAVER, formerly,
JENNIFER W. HARTMAN
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION. LAW
GARY E. HARTMAN,
Plaintlft'
v.
CIVIL ACTION NO.: 1995 . 6458
JENNIFER W. HARTMAN,
Defendant
ACTION IN DIVORCE
NOTICE OF EI.ECTlON TO RETAK6..FOft,MER NAME
Notice i. hereby Riven that the Defendant in the above matter, havilll been
/P'anted a Final Decree in divorce from the bondl of matrimony on the 17th da,v of
December, 1996, hereby electl to retake and hereafter uae her previoul name of
Jennifer L, Weaver,
To Be Known All:
~~~ W &$1I4.J
N ER W. HARTMAN
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aENNI ER L. WEAVER
OOMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~---.......-'
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On the .3 day of ......- , 19!.?,before me, a Notary Public,
plrlOnally appeared, Jenni~ . H:Zno a/kIa Jennifer L. Weaver, known to me
to be the perlOn whole name il lubacrlbed to the within document, and
acknowledJed that Ihe executed the forgoing for the purpoae therein contained.
IN WITNESS WHEREOF,
I have let my hand and Notariai Seai.
~~y:'
NO Y PUBLIO
NOfAIIM 11M
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