HomeMy WebLinkAbout98-03196
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GREGOIlY A. HILDEBRAND,
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DECREE IN
DIVORCE
AND NOW, ' , , ,~( (.l't .-:', (~c:.~, ,2.,), . . " " 19 7:S, . '. It is ordered and
decreed that ,." .GEO~~ENE: ,L., ,HIL~EBRAN~. , , . , . , , . , , , , , , , . , , , . '. plaintiff,
GREGORY A. flILDEBllAND
and. , . , , , , , , , . , , , . , , , . . , , , , , , , , . . , , , , , . , , , , , , . , , , , , , , . , , , , , " defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
baen raised of record in this action for which a final order has not yet
been entered;
Incorporate t~ attached Agr'*'OOnt dated SepttfT1ber 10, 1998, into t~
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Decree in Divorce.
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MREBMIlNT
'BI8 AORlINBH', made this jJVi day of
and between GEORGENE L. HILDEBRAND, of 5016
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Apaohe Drive,
, 1998, by
Meohanios-
burg, Cumberland County, Pennsylvania, (hereinafter referred to as
"Wife"), and GREGORY A. HILDEBRAND, of P.O. Box 867, 12 South FilbeI't
Street, Meohanio.burg, Cumberland County, Pennsylvania, (hereinafter
referred to as "Husband");
WI' N E S S Ii: , HI
WHEREAS, Husband and Wife were lawfully married on June 15, 1974,
and
WHIREAS, there were t.hree children born of this marriage, and
WHIREAS, diverse unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Wife and
Husbllnd to live separate andiapart for the rest of their natural
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lives, and the parties heretQ are desirous of settling fully and
finally their respective financial and property I'ights and obligations
as between each other including, without limitation by specification I
the settling of all matters between them relating to the ownership and
equitable distribution of real and personal property; the settling of
all matters between them relating to the past, present and future
support, alimony and/or maintenance of Wife by Husband or of Husband
by Wife; and in general, the settling of any and all claims and
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possibls claims by one against the other or against their respective
estates.
NOH THIRlFORB, in oonsideration of the premiBss And of the mutual
promises, oovenAnts and undertakings hereinafter set forth and for
other good and valuable oonsiderAtion, receipt of which is hereby
acknowledged by eAoh of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. !"!1solosllre of AtW.I. Each party aossrts that he or she
has made a full and fair disclosure of all of the real and personal
property of any nature whatsoever belonging in ~ny way to each of them
of all debts ftnd encumbrances inourred in any manner whatsoever by
each of them, of all sources and amounts of income received or reoeiv-
able by each party, and of every other faot relating in any way to the
subjeot matter of this agreement. These disclosures are part of the
consideration made by each party for entering into this agreement.
2. Advice of Counsel. This document has been prepared by
the wife's attorney, Elizabeth B. Stone, Esquire. The Husband ha. not
provided a name of his attorney as of the date of the draft of this
agreement. Each party has carefully read this agreement and is com-
pletely aware, not only of its oontents, but also of its legal effeot.
3. Freedom from Interferenoe. Each party shall be free
from interference, authority, and oontaot by the other, as fully a. if
he or she were single and unmarried exoept as may be neoessary to
carry out the provisions of this agreement. Nei.ther party .hall
molest the other or attempt to endeavor to molest the other, nor
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compel the other to cohabit with the other, or in any way hara.. or
malign the other, nor in any way interfere with the peaceful exi.-
teno., ..parat. and apart from the other.
4. R.~.a.e of Claim.. Wife and Husband each do hereby
mutu"lly remi.e, release, quit-claim and forever discharge the other
and the estate of .ueh other, for all time to come, and for all
purpo.e. whatsoever, of and from any and all rights, titles and
interest., or claims in or against the property (including income and
gain from property hereafter accruing) of the other or against the
estate of such other, of whatever nature and wheresoever situate,
which she or he now has or at any time hereafter may have against such
other, the estate of such other or any part thereof, whether arising
out of any former acts, contracts, engagements or liabilities of such
other or by way of dower or curtesy, or claims in the nature of dower
or curtssy of widow'. or widower's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take against
the .pouse's willI or the right to treat a lifetime conveyance by the
other a. testamentary, or all other rights of a surviving spouse to
participate in a deoeased spouse's estate, whether arising under the
laws of (a) Pennsylvania, (b) any state, commonwealth or territory of
the United States, or (c) any other country, or any rights which Wife
may have or at any time hereafter have for past, present or future
support or maintenance, alimony, alimony pendente lite, counsel fees,
c~sts or expenses, whether arising as a result of the marital relation
or otherwise, except, and only exoept, all rights and agreements and
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obligation, of whatsoever nature arising or which may arise under this
agreement or for the br9ach of any thereof. It is the intention of
Wife and IIU.band to give to each other by the execution of thh
agreement II full, complete and general release wJ.th respect to any and
all property of any kind or nature, red, personal or mixed, which the
other now owns or may hereafter acquJ.re, except and only except all
rights and agreements and obligations of whatsoever nature arising or
which may arJ.se under this agreement or for the breach of any thereof,
subject, however, to the implementation and satisfaction of th~
conditions precedent as set forth herein above"
S. Warranty a. to future Obliaation.. Each party repre~
sen> 1 that they have not contracted any debt or liability for the
other for which the estate of the other party may be responsible or
liable, and t.hat except only for the rights a:dsing out of this
agreement, neither party will hereafter incur any liability whatsoever
for which the other party or the estate of the other party, will be
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liable. Eaoh party agrees to indemnify or hold the other party
hannlesa from and against all future obligations of every kind in-
curred by them, including those for necessities.
6. A..umDtion of Liabilit1!1. This provision sets forth
the method for the payment and assumption of the debts and liabilities
of the parties. Since the assumption is not binding on the creditor,
the party assuming the debt agrees to indemnify the other party in the
event the creditor seeks to hold sUdh other party liable. ~hould the
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partie. wi.h to bind the creditor and relieve the original debts from
all liability, a novation should be executed.
7. A..waotion of Debt.. Hueband assumes and agrees to pay
and hold the Wife harmless against the following debts and obliga-
tionsl
A. VISA
B. AT&T Universal
If any claim, action or proceeding is hereafter brought seeking
to hold the Wife liable on account of such debts or obligations, the
Husband will, at his sole expense, defend the Wife against any such
claim, action or proceeding, whether or not well founded, and Husband
will indemnify and hold Wife harmless from and against such claim,
action or proceeding.
8. A..umotign of Debt.. Within six months of the signing
of this agreement, Wife agrees to sign a release and assumption of the
mortgage prepared by National City Mortgage, who will then release
Husband from any financial and legal obligation from the mortgage.
Wife assumes and agrees to pay and hold the Husband harmless against
the following debts and obligations:
A. Dauphin Deposit Bank & Trust, 2nd mortgage
B. GM MasterCard
If any claim, action or proceeding is hereafter brought seeking
to hold the Husband liable on account of such debts or obligations,
the Wife will, at her sole expense, defend the Husband against any
such claim, action or proceeding, whether or not well founded, and
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Wife will indemnify and hold Husband hax~less from and aqainst such
olaim, action or proceeding.
In the event Wife is unable to obtain a release and assumption,
she agreee to refinance the property within one year of the execution
of the agreement. If the home is not refinanced within one year, the
home .hall immediately be listed for sale. Wife shall be responsible
for all costs associated with the sale and shall retain the proceeds
thereof. Wife shall assume all responsibility for the oapital gains
con.squences for the sale.
9. Personal Property. Wife and Husband do hereby aoknowl-
edge that they have heretofore divided the marital property including,
but without limitation, jewelry, clothes, furniture and other person-
alty and hereafter Wife agrees that all of the property in the posses-
sion of Husband shall be the sole and separate property of Husband,
and, Husband agrees that all property in the poseession of Wife shall
be the sole and sep~rate property of Wife. Each of the parties does
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hereby specifically ~aive, release, renounce and forever abandon
whatever claims, if any, she or he may have with respect to any of the
above items which are the sole and separate property of the other.
A. Husband hereby agrees to set over, transfer and
as.ign all of his right, title and interest to any and all furniture,
furnishings, rugs, carpets, household equipment and appliances,
piotures, books and any household goods of whatever nature which are
presently located or situated in the residence at 5016 Apaohe Drive,
Hechanicsburg, Cumberland County, Pennsylvania, 170551 notwithstanding
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the foregoing provisions, Wife hereby agrees to set over, transfer and
assign all of her right, titl.e and interest to those personal effects
And items of personalty that Husband has previously identified.
Husband agrees to remove all of his personal effects and items of
personalty from the residence at 5016 Apache Drive, Mechanicsburg,
Pennsylvania, within six months of the signing of this document. By
these presents, each of the parties doee hereby specifically waive,
release, renounce and forever abandon whatever claims he or she may
have with respect to any of the above items which are the sole And
sepArate property of the other from the date of, execution hereof.
10. Cash. All cash presently in the possession of either
party shall be and remain their separate property, free and clear of
any claim whatsoever on the part of the other.
11. Husband's Bank Accounts. The following bank accounts
(or accounts in a Savings Association) whether commercial accounts or
savings aooounts, held either jointly or severally by the parties,
shall be the sole property of the Husband, free and clear from any
claim on the part of the Wifel and, the Wife shall. execute all docu-
ments and perform all acts necessary or required to transfer these
accounts to the Husbandl None in joint account.
Any undistributed dividends or interests presently due on the above
account a shall belong to the Husband.
12. Wife's Bank Account.. The following bank accounts (or
accounts in a Savings Association) whether commercial accounts or
savings accounts, held either jointly or severally by the parties,
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.hall b. the 101. property of the Wife, free and clear from any claim
on the pArt of the Husband, and, the Husband shall execute all docu-
ment. and perform all acts necossary or required to transfer these
account! to the Wife I None held jointly.
Any undistributed dividends or interests presently due on the above
account! shall be.long to the Wife.
13. AH!9mobile to HUlband. The Husband shall be the sole
owner, free and clear from any claim on the part of the Wife, of the
1994 DODGE INTREPID. Wife shall deliver executed certificate of
title, sales and use tax form and any other documents necessary to
"onvey title withirl ten daye of the execution of this agreement if she
po.sesses these items.
14. Automobile to Wit!. The Wife shall be the sole owner,
free and clear from any claim on the part of the Husband, of the 1996
DODGE VAN and the 1990 VOLKSWAGEN JETTA. Husband shall deliver
exeouted oertificate of title, aales and usa tax f.orm and any other
documents necessary to convey these two titles within ten days of the
execution of this agreement if he possesses these items.
15. Penlion.. The Husband and Wife hereby release any
claim which either he or she may have to receive a portion of the
other's pension fund, and or retirement benefits.
16. Child SUDDort. The Husband agreee to pay child support
in the amount of $325.00 every four weeks, payable on the twenty-
eighth (28) of the month. This support is to be paid until the last
child either attains the age of eighteen or graduates high school,
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whichever of the later oocurs.
Further, the child support amount
shall be inoreased in accordance with the Consumer Price Index as of
January 1 on eaoh new year. Said child support shall be modifiable by
agreement of the parties.
17. Alimony. The Wife and Husband hereby waive any and all
rights to reoeive alimony pendente lite, alimony or spousal support
rights.
18. ProDertv Not Provi~~. The parties hereto agree
that they have, by the terms of this agreement, settled, to their
mutual satisfaction, all rights that either may, have in their proper-
ty, whether owned by them jointly or separately, real and personal,
and whereaoever situated. Any property not specifically provided for
in this agreement, Which the Husband or Wife owns or has the right to
control or possess, shall be and remain his or her property, free and
clear from any claim on the part of the other.
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19. Real Bstat~. Husband hereby agrees tolconvey, transfer
and grant to Wife his right, title and interest in the real estate
situated and located at 5016 APACHE DRIVE, MECHANICSBURG, CUMBERLAND
COUNTY, PENNSYLVANIA, 17055. From the date of this agreement, Wife
agrees to assume as her sole obligation any and all mortgage payments,
taxes, olaims, dan,ages or other expenses incurred in oonnection with
said premises, and Wife agrees and covenants to hold Husband harmless
from any such liability or obligation. Husband agrees to sign a quit-
claim deed prepared by Wife's attorney, ther.eby releasing him from the
obligations of and liability on the marital home second mortgage.
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Thin agreement or a memorandum thereof shall be recorded in
the Offioe of the Rocorder of Deeds of Cumberland County, Pennaylva-
nia.
20. CUlt04!. The Wife and the H~sband shall ehare joint
legal custody of the one minor child, ANDREW HILDEBRAND, d&te of birth
February 22, 1993. The eldeot children, JONATHAN HILDEBRAND, date of
birth, December 15, 1977, and SARAH HILDEBRAND, date of birth, Novem-
ber 29, 1979, Ilre currently attending college, therefore, no custody
agreement is necessary. The Wife shall have primary physical custody
with the Husband anjoying liberal ~artial custody. Visitation will be
during mutually agreed upon times.
21. H!41cal Insurance. Wife agreee to pay for her own
medical benefits provided through her employment. Wife agrees to
provide health and/or hospitalization ineurance for the three children
until they both reach the age of eighteen and/or graduate from col-
,
lege. Any unreimbursed bills which shall not be payable by said
coverage on the three children shall be divicled between the Husband
and Wife equally fHty-fifty.
22. Life Insurance. The parties agree that the Husband
shall maintain a life insurAnce policy on himself in the amount of One
Hundred and eighty thousand ($180,000) dollars worth of insurance
coverage naming all three child~en as equal beneficiaries. The
Husband agrees to maintain this life insurance policy until all three
children have completed college. After the three children graduate
from college, the parties agree to equally divide the cash value; and
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shar. the IUbsequent tax consequences. This PoU"agraph is not meant to
oontractually obligate either party to maintain the life in.uranco.
Th. parti.1 may decide evev before the last ohild reaches eighte.n to
liquidate the life insurance policy and split the proceed..
23. Con.U1tatioq witb~lAd. Wife hereby agree. that in
connection with qnestions dealing w.tth the edUcation of Dlinor chil-
dz'en, as well as any extraordinary medioal or dental expensee, Husband
shall he consulted whenever practioable, conoerning the Course of any
proposed treatment oZ' the deoisions relevant to any educational
consideration inclUding the choice of a COllege. university or techni-
cal school should the occasion arise for such oonsideration.
24. RlR9nd.ncv EX..Dtionl. From and after the execution of
this agreement, Wife shall be entitled to claim Andrew as a dependency
exemption for federal, state and local income tax purposes. Wife
shall be entitled to Claim Sarah and Jonathan as a dependenoy exemp-
tion. for federal, state and local income tax purposes during such
time asithey are in COllege. Wife agrees to execute any and all
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documents necessary to effectuate this provision.
25. Info~o.m.nt. If either party shall bring an action or
other proceeding to enforce this agreement, or to enforce any jUdg-
ment, deoree or order made by a court in connection with this agree-
ment or the divorce of the parties, the prevailing party shall be
entitled to reaSonable attorney's fees from other party.
26. lavm.nt of Attornev r.... Each party of this agreement
hereby agrees that each of them will be solely responsible for the
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full payment of all attorney's fees and other costs heretofore and
hereafter incurred, respectively, by each of them ln connection with
the negotiation, preparation, and execution of this agreement, and in
connection with any action commenced by either party with respect to
the divorce of the parties. Each party further agrees hereby to
indemnify and hold the other party harmless from any demand, claim,
loss, cost and expense (including additional attorney's fees) arising
from a failure to pay all of the aforesaid attorney's fees and other
costs.
27. Informed and VoluntarY ExecuU,o~. Each party to this
agreement aoknowledges and declares that he or she, respectively:
a. Is fully and completely informed as to the facts
relating to the subject matter of this agreement and as to the rights
and liabHities of both parties.
b. Enters into this agreement voluntarily after
receiving the advice of independent counsel, free from fraud, undue
influence, coercion or duress of any kl.nd.
c. Has given careful and mature thought to the making
of this agreement.
d. Has carefully read eaoh provision of this agree-
ment.
e. Fully and completely understands each provision of
this agreement.
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28. Be.dina.. The headings or captions preceding the
paragraph. in thi. agreement are inserted for convenience of reference
only and .hall not be construed in interpreting this agreement.
29. Mutual Co~~. The Husband and the Wife shall
each concurrently herewith, or at any time hereafter on the demand of
the other, exucute any other documents or instruments, and do or cause
to be done any other acts and things as may be necessary or convenient
to carry out the intents and purposes of this agreement.
30. RecoQciliation. If there should be a reconciliation of
the parties after the date of execution of this. agreement, this
agreement shall nevertheless continue in full force until it J.s
modified or abrogated by ~nother written instrument to that effect
signed by each of the parties hereto.
31. Future Earninas. All income, eax'nings or other proper-
ty received or acquired by either party to this agreement on or after
the date of execution of this agreement shall be the sole and separate
property of the receiving or acquiring party. Each party, as of the
effective date of this agreement, does hereby and foruver waive,
release and relinquish all right, title and interest in all such
income, earnings or other property so reoeived or acquired by the
other.
32. Waiver of Riaht.. Each of the parties hereby irrevoca-
bly waive all rights which he or she may have to request any court to
equitably distribute the marital property of the parties or to have
alimony, alimony pendente lite or counsel fees awarded to either
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party, it being the express intention of the partiee hereto to fully
.ettle all olaims whioh they have with reepect to each other in this
agreement. Each of the parties further agree to coneent to the entr.y
of a Decree in Divorue.
33. Waiver of Breaoh. The waiver of any term, condition,
olause or provision of this agreement shall in no way be deemed or
considered a waiver of any other term, condition, clause or provision
of this agreement.
34. Survival of Aareement. If any term, condition, clause
or provision of this agreement shall, by its reasonable inter.preta-
tion, be intended to survive and extend beyond the termination of the
marriage relationship presently existbg between the parties hereto,
said ternl or terms, condition or conditions, clause or clauses,
provision or provisions, shall be so construed, being the express
intention of both parties hereto to have this agJ:'eement govern their
relationship now or hereafter, irrespect!i ve of their marital status.
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This agreement shall be incorporated, but not merged with the Divoroe
Deoree filed at the Cumberland County Courthouse.
35. J~risdictJ&D. This ngreement shall be construed under
the laws of the Commonwealth of Pennsylvania, and both parties consent
and agree to the jurisdiction of the Court of Common Pleas of
Cumberland County, Pennsylvania, on account of any suit or action
brought with respect to this agreement or any provisions or matters
referred to in any provisions thereof.
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36. Aar....Dt liDdina OD 'arti.. aDd a.ir.. Thil agreement
ahall be binding in all ite terml, conditione, clauae. and provieione
of the parties hereto and their respective heirs, admini.trators,
executors and a.signs.
37. ~ement ~rDorat.d But Not Mer9.d. Thia
Agreement ehall be incorpora~ed in a decree of divorce for purpoees of
enforcement only, but otherwise shall not be merged irto said decree.
The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any
remedies in law or in equity under this Agreement as an independent
contract. Such remedies in law or in equity are specifically not
waived or released.
38. Bntrv of Final Divorc~.cre.. Husband and Wife agree
to execute such documents as are necessary to have a final decree in
divorce entered in the Court of Conwon Pleas of Cumberland County,
Pennsylvania (Docket No. 98-3196) at the earliest pORsible date.
IN WITNBSS WHBREOF, the parties have hereunto set their hands and
seals the day and year above
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'~l!:TH y. STONE, ESQUptE'
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GEO ENE L. HILDEBRAND
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GREGOR A. HILDEBRAND
(SEAL)
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GEORGENE L. HILDEBRAND, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVAl~IA
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v. I NO. 98-3196 CIVIL TERM
I
GREGORY A. HILDEBRAND, I
Defendant I CIVIL ACTION IN DIVORCE
MOTION TO INCORPORATE AGREEMENT
INTO DECREE IN DIVORCE
GEORGENE L. HILDEBRAND, plaintiff in the above action, by her
attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court
incorporate the attached agreement dated September 10, 1998, into the
Decreee in Divorce.
STONE LaFAVER & SHEKLETSKI
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GEORGENE L. f1ILDEBHAND,
Plaint.J. 1'1'
IN TIfE COURT m' COMMON pr,EAS
CUHnERLAND COUNTY. PENNSYINANI^
VS.
GREGORY A. HIl.DEBRAND,
Defendant
CIVIL DIVISION
NO. 9f1-:J1')(,
CIVIL TERM
~ECIPE TO TRANSMITR~
To the Prothonotary:
Transmit the record, together with the fOllowing information to
the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under 5JJOl(c)
~1ckIl.t(JQx)c of the Divorce Code. (Strike out inapplicable section).
June 10, 1998, U.S.
2. Date and nlanner of service of the complaint:
Certified MaU, restricted delivery, postage prepaid.
3. Complete either paragraph (a) or (bl.
(a) Date of execution of the affidavit of consent: required
by 5330l(c) of the Divorce Code: by plaintiff Sept. 10, 199~
by defendant Sept. 10, 1998
(b)(l) Date of execution of the affidavit required by S3JOl(d)
of the Divorce Code: : (2) Date of filing and
service of the plaintiff's ~ffid~vit upon the r~spondent:
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4.
Related claims pending:
NO CLAIMS RAISED
5. Complete either (a) or (b).
(a) Date and mannel' of service of the notice of intention tCJ
file praecipe to transmit record. II copy of which is attach~d:
(b) Date plaintiff's
filed with the Prothonotary:
Date defendant's
filed with the Prothonotary:
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GEORGENE L. HII.DEBRAND, I IN THE COURT OF COMMON PLEAS OF
PlainUff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 98 - d'l ~ CIVIL TERM
I
GREGORY A. HILDEBRAND, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
NOTICB TO DEFBND AND CLAIM RIGHTS
You have been sued in court. If you w.tsh to defend against the
claims set forth .in the following pagea, you must take prompt action.
You are warned that if you fan to do so, the case may proceed without
you and a Decree of Divorce or annulment may be entered againet you by
the Court. A jUdgment may also be entered againet 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 YOllr children.
When the ground for the divorce is indignities or. irretrievable
breakdown of the marriage, you may request marriage counseli?g. A
i
list of marriage counselors is available in the Office of th~
Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYBR'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOS~ THE RIGHT TO CLAIM ANY OF THIN.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
CumbeLland COllntv Bar Assooiati9D
2 Liberty Avenue
Carll,sle. PA 17013
TeleDhonel (7111-l49-316~
. fl1div\hildebrand .oom
GEORGENE L. HILDEBRAND, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYINANIA
I (1 IT
v. I NO. '13' ,I I 'Ii, . (.(';t,f..-~
I
GREGORY A. HILDEBRAND, I CIVIL ACTION LAW
Defendant I IN DIVORCE
COMPLAIN~
1. The Plaintiff in this action is Georgene L. Hildebrand, an
adult individual, who currently resides at 5016 Apaohe Drive,
Mechanicsburg, PA 17055.
2. The Defendant in this aotion is Gregory A. Hildebrand, an
adult individual, who currently resides at 12 South Filbert Street,
P.O. Box 867, Mechanicsburg, PA 17055.
3. Both the Plaintiff and the Defendant have been bona fide
residents of the Commonwealth of Pennsylvania for at least six (6)
morths immediately previous to the filing of this complaint.
4. The Plaintiff and Defendant were lawfully joined in marriage
on June 15, 1974, in Alpena, Michigan.
5. There have been no prior actlons of divorce or for annulment
between the parties hereto in this or any other jurisdiction.
6. The Plaintiff avers as the grounds upon which this action is
based is that the marriage between the parties hereto is
irretrievably broken.
-1...
7. The Plaintiff avera that there were three children been born
of this marriage.
8. The Plaintiff. has been advised that counseling 1S available
and that the Plaintiff may hava the right to request that the court
require the parties to particlpate in counsel1.ng.
9. The Plaintiff requests the court to enter a decree of
divorco.
I verify that the statements made in this complaint are true and
correct. I understand that f.alse statements herein are made subjeot
to the penalties of. 18 p.e.s. g4904, relating to uneworn falsification
to authorities.
I ,
t :t f JJ
._~?1<<. I f j)z1dtiIJ.JI-tt.6,
. GEOR~NE L. HILDEBRAND
/
I
Date: 9/lAU _ 3/ nq,,!
STONE LaFAVER & SHERLETSKI
----"
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By . --.:<7 ./
Eliza.PethBy~'Ston /
suppe)lle~..ourt.r J-61j251
41~rL ..So/.-eet., P.O. Box E
New e erland, PA 17070
Telephone 717-774-7435
Attorneys for Plaintiff
-2-
fl\div\l..il.rv.aff
GEORGENE L. HILDEBRAND, : IN THE COURT OF COMMON PLEAS OF
plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 98-3196 CIVIL TERM
I
GREGORY A. HILDEBRAND,
Defendant : CIVIL ACTION - IN DIVORCE
AFFIDAVIT or SERVICE
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF CUMBERLAND )
I, ELIZABETH B. STONE, of Stone LaFaver & Shekletski, attorneys
for the plaintiff hereby certify that I served the Complaint in
Divorce in the above captioned matter on the defendant, Gregory A.
Hildebrand, at Post Office Box 867, Mechanlcsburg, PA 17055, by
United States Certified Mail, postage prepaid, restricted delivery, on
June 10, 1998, as evidenced by the attached Certi.fied Mail return
receipts.
,
/
/
SWORN TO A}ID SUBSCRIBED
before me this //~ day
of ~'J." '-;-1998.
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fl\div\oon..nt..ft
GEORGENE L. HILDEBRAND, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 9B-3196 CIVIL TERM
I
GREGORY A. HILDEBRAND, I
Defendant I CIVIL ACTION - IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under S 3301(c) of the Divorce Code
was filed on June B, 1998.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety (90) daya have elapsed from the date of filing the
complaint 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.
4. I understand that I may lose rights conoerning alimony,
d~vision of property, lawyer's fees or expenses if I do not claim them
i
I
b~fore a divorce 1s granted.
I verify that the statements made in this affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. r.s. S 4904 relating to unsworn falsifica-
tion to authorities.
1<f:tvrrdctA-J iJJ. J ;qq g
Date '
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/ GEOR
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(A,Lt. I I ~..IL<Z-~
E L. HILDEBRAND, Plaintiff
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GEORGENE L 0 HII,DEBRAND, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 98-3196 CIVIL TERM
I
GREGORY A. HILDEBRAND, I CIVIL ACTION IN DIVORCE
Defendant I
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not olaim 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 thQ decree will be
sent to me inunediately after it is filed with t.he Prothonotary.
I verify that the statements nlade in this affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. S 4904 relating to unDworn falsifica-
tion to authorities.
,
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IIU,DEBRAND, Plaintiff
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