Hammett v. Hammett

Phillip Hammett (plaintiff) and his wife, Jane Hammett (defendant), were married in 1973. The Hammetts lived together in Philadelphia during the marriage but also had use of an apartment in New York City. Upon the couple’s separation, Jane moved to the New York City apartment while Phillip remained in Philadelphia. Per Jane, both she and Phillip used the New York City apartment as an alternative residence during the marriage. However, Phillip claimed that during the marriage, Jane mainly used the New York City apartment when she worked in New York City. Phillip did admit that he spent one weekend per month at the New York City apartment during the marriage, and there was evidence that while the couple was together, he periodically used the New York City apartment during the week for business or personal reasons. Indeed, on May 12, 1979, Phillip attempted to remove clothing that he kept at the New York City apartment. On May 12, Jane served a Family Court summons and petition for support (petition) on Phillip at the New York City apartment. Phillip challenged the validity of the service of the petition and requested a hearing. According to Phillip, Jane lured him to New York City by fraud or deceit in order to serve him with the petition. In an affidavit Jane submitted in opposition to Phillip’s request, on a May 11 telephone call, Jane asked Phillip to end his affair with another woman and sought to reconcile with him. However, Jane was adamant that she did not ask Phillip to come to New York City. Rather, Jane averred that Phillip on his own said that he was coming to New York City that weekend. In his reply affidavit, Phillip denied telling Jane that he was coming to New York City but did not address Jane’s claim that Jane never asked him to come to New York City. The Family Court denied Phillip’s request for a hearing and refused to invalidate the service of the petition. Phillip appealed.