HomeMy WebLinkAbout01-03179
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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RONTTA TTT T MAN
No.
2001-3179
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PI- A TNTIFF
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VERSUS
DARREL R. TILLMAN
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DEFENDANT
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DECREE IN
DIVORCE
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AND NOW,
?nn.. , IT IS ORDERED AND
BONITA TILLMAN,
DECREED THAT
, PLAINTIFF,
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DARREL R. TILLMAN,
, DEFENDANT,
AND
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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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The Marital Separation Aj!reement executed on the 16th day of March 2005 shall be
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Incorporated into the Divorce Decree and shall not merge.
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By THE COURT:
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PROTHONOTARY
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
BONITA TILLMAN,
PLAINTIFF, Civil Action---Divorce
Docket No. 2001-3179
V.
DARREL R. TILLMAN,
DEFENDANT,
PRAECIPE TO TRANSMIT THE RECORD
To the Prothonotary:
Please Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. Grounds for divorce: irretrievable breakdown under Section 330l(C) of the Divorce Code.
2. The complaint in Divorce was filed on the 24TH day of May 2001 and served by way of
Acceptance of Service on the 2Sth day of May, 2001.
3. The plaintiff, signed her Affidavit of Consent and Waiver of Notice of Entry ofa Divorce Decree
on the 19th day of September 2005
4. The defendant signed his Affidavit of Consent. on the 21" day of August 2005 and Waiver of
Notice on the 10th day of September 2005
5. There are no related claims pending as between the parties hereto and listed herein to the extent
that all marital issues have been settled by way of a marital separation agreement dated 16'" day of March
2005.
6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree on the 101"
day of September 2005 pursuant to Rule 1920.72 a copy of which is attached hereto.
.Date: 9/25/2005
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF
BONITA TILLMAN AND DARREL R. TILLMAN
TillS AGREEMENT, made this ~~+.fl, day ofJ1.{frclz ,200-5-, by and
between Bonnie E. Tillman, hereinafter referred to as" Wife, and Darrel R. Tillman
hereinafter referred to as " Husband".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on 14" day of September, 1973 in the State
of Georgia, County of Ellenwood.
WHEREAS, certain differences have arisen between the parties as a result of which they have
separated and, and are desirous, therefore, of entering into an agreement which will provide for support,
distribute their marital property, and will provide for their mutual responsibilities and rights growing out
ofthe marriage relationship; and
WHEREAS, the parties hereto, after being properly advised, have corne to the following
agreement.
NOW, THEREFORE, in consideration of the above recitals and the following covenants and
promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and
to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows:
1. SFPARA'fTON'
It shall be lawful for each party at all times hereafter to live separate and apart rrom the other at
such place or places as he or she may from time to time choose or deem fit.
2. TNTFRFl"RFNrF'
Each party shall be free rrom interference, authority and contact by the other as fully as if he or she
was single and unmarried, except as may be necessary to carry out the provisions of this Agreement.
Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to
cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the
peacefu I existence, separate and apart rrom the other in all respects as if he or she were single and
unmarried
3. WTFF'S nFRTS'
Wife represents and warrants to Husband that since their separation on or about January 29", 2001,
she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his
estate might be responsible and shall indemnifY and save Husband harmless from any and all claims and
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demands made against him by reasons of debts or obligations incurred by her subsequent to the entry of
the divorce decree.
4. ffiNRANn'S nFRTS'
Husband represents and warrants to Wife that since their separation on or about January 29'" 2001,
he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnifY and save Wife harmless from any and all claims and
demands made against her by reasons of debts or obligations incurred by him.
(A) OTTTSTANnTNr. MARITAL nFRTS'
It is represented as between the parties that there are currently joint marital debts incurred during
the marriage and consisting of a home mortgage and financing on a marital home and a vehicle loan.
S. T.Fr.AT. RFPRFSFNTATTON
It is hereby acknowledged and understood as between the parties to this agreement that each is
represented by legal cOllllsel of his or her choosing. Wife is represented by Gregory S. Hazlett, Esquire.
Husband has been advised and encouraged to retain counsel of his choosing to represent his legal
interests. Each party has been fully advised of their respective legal rights and responsibilities and have
accordingly reached this agreement voluntarily and knowingly.
6. MTJTTTAI RFLFASF'
Subject to the provisions of this Agreement, each party waives his or her right to any and all legal or
equitable claims not otherwise provided for or allowed within this agreement, inasmuch as the parties hereto
agree that this Agreement provides for an equitable distribution of their marital property in accordance with
the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released
and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives,
executors, administrators and assigns, release and discharge the other of and from all causes of action,
claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has
against the other, except any or all cause or causes of action for divorce and except in any or all causes of
action for breach of any provisions of this Agreement Each party also waives his or her right to request
marital counseling pursuant to Section 202 of the Divorce Code.
7. FQllTTART.F mSTRmTTTTON OF MARITAl. PROPF.RTV'
The parties have attempted to distribute their marital property in a manner which conforms to the
criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the age, health, station, amount and sources of income,
vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each
party to the education, training or increased earning power of the other party; the opportunity of each
party for future acquisitions of capital assets and income; the sources of income of both parties' including
but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each
party in the acquisition, preservation, depreciation or appreciation of the marital property, including the
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contribution of each spouse as a homemaker; the value of the property set apart to each party; the
standard of living of the parties established during the marriage; and the economic circumstances of each
party at the time the division of property is to become effective.
The division of existing marital property is not intended by the parties to constitute in any way a sale or
exchange of assets, funds or other property not constituting marital property. The division of property
under this Agreement shall be in full satisfaction of all marital rights of the parties.
A. DISTRIBUTION OF PERSONAL PROPERTY
The parties hereto have divided eQuallv all personal items consisting of, but not by wav of
limitation, the household furnishings, appliances. and other household personal property of whatever type,
description, and form. between them. and they mutuallv agree that each party shall from and after the date
hereof be the sole and separate owner of all such tangible personal property presentlv in his or her
possession.
Should it become necessary, the parties each agree to sign, upon request, any titles or documents
necessary to give effect to this paragraph. Husband and Wife shall each be deemed to be in the possession
and control of his or her own individual pension or other employee benefit plans or retirement benefits of
any nature with the exception of Social Security benefits to which either party may have vested or
contingent right or interest at the time of the signing of this Agreement, and neither will make any claim
against the other for any interest is such benefits.
From and after the date of the siguing of this Agreement, both parties shall have complete freedom of
disposition as to his/her separate property and any property which they have divided equally pursuant to
this agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such
property, whether real of personal, whether such property was acquired before, during or after the
marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or
other instrument of the other pertaining to such disposition of property.
8. REAL PROPERTY:
The parties to this agreement have a legal equitable and possessory interest in real property consisting
of a marital home located at 35 Shepherd Road, Newville, PA. 17241 and described as a three bedroom
ranch home. It is hereby agreed as between the parties that the Wife shall refinance the home within a
one (1) year period from the date of execution of this agreement removing husband's name from the
outstanding loan owing to the Mortgage Company and Husband agrees to convey all legal, equitable, and
possessory ownership interest to Wife upon the refinancing of the home, and shall execute any and all
documentation to effectuate this conveyance thereby releasing, and relinquishing any and all right title and
interest that husband may have a claim, to said marital home. Wife agrees to pay any and all expenses
related to her occupation of the home and shall Indemnify and hold harmless, Husband from her failure to
make all necessary mortgage payments as well as any and all other expenses related to her possession and
ownership of the marital home. If Wife fails to procure refmancing of the home removing husband's
name from a one-year period from the date of execution by both parties of this agreement she agrees to
list the property for sale and pay all outstanding mortgages in full and any lien and encumbrances held
against the home and Wife shall be entitled to retain one hundred percent of all remaining proceeds
subsequent to the payment of all claims against the home. If Wife is required to sell the home husband
will sign any and all documentation required to allow the sale of the home to a third party purchaser.
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9. PAYMENT OF MARITAL DEBTS
Wife hereby agrees to pay the mortgage payments and automobile loan held against the marital home
and 2001 Sante Fe automobile relative to her sole ownership of the same.
10. POST -SEPARATION OBLIGATIONS
The parties agree and acknowledge that any and all obligations incurred by either party
subsequent to January 29"" 2001, the date of separation shall be the sole and separate liability and
responsibility of the party incurring the obligation. Each party agrees that he or she will not attempt to,
and/or incur any liability financial or otherwise, to which the other party may become liable in any
capacity direct or indirect. To the exteut that such party incurs a liability to which the other party may
become liable, the party incurring such obligation shall indemnify and hold hannless the other party from
any and all liability arising from such post-separation and/or future obligations.
11. MOTOR VEIDCLES
Wife shall be entitled to retain both possession of and legal and equitable ownership of a 2001 Hyaudai
Saute-Fe which is currently titled in both names. Wife shall pay any and all expeuses related to her
possession and ownership of this vehicle. Further, upon Wife refinancing the vehicle, or paying off all
outstanding liells held against such vehicle, husband shall convey all right title and interest both legal and
equitable to this vehicle to Wife and shall convey the Title of said vehicle into Wife's name alone.
Husband shall retain possession and legal and equitable ownership of whatever vehicle is within his
possession pay all expenses relative to his possession and ownership of this vehicle and shall hold Wife
hannless and indemnify Wife in the event of uon-payment of expenses related to his ownership and
possession of said vehicle.
Each party shaH execute any and all documentation necessary to convey any interest into the receiving
party's name to give effect to the allocation of the aforementioued vehicles.
12. SUPPORT
Each party forever releases, relinquishes, and forfeits any and all claims against the other for Spousal
Support, Alimony Pendente Lite, Alimony, Costs and Expenses and any and all other claims of support of
any kind except as provided hereinafter. Wife agrees to withdraw her claims against husband regarding
ALL PAST, PRESENT, AND FUTURE SUPPORT OBLIGATIONS upon the execution of this
document and its receipt by Wife's attorney which is currently held with Cumberland County Domestic
Relations. Wife shall also cancel the spousal support arrearal!es which are currently owed to her for
prior arrearages for spousal support up to the date ofreceipt of the executed document by Wife's attorney.
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13. PENSION PLANrS):
The parties release any interest in the opposite spouse's Pension(s), 401 (k), Retirement Account(s)
Stocks, Bonds, Life Insurance Policies or any other interest wheresoever located and which may have
accumulated prior to, during and/or subsequent to the marriage.
14. COUNSEL FEES AND EXPENSES:
Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the
equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both
parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement
and satisfaction of all claims and demands that either may now or hereafter have against the other for
alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance
before, during and after the connnencement of any proceedings for divorce or annulment between the
parties. Each party shall pay their respective counsel fees and shall not advance a claim for contribution
from the other party.
15. WAIVERS 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 estate of the other
as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance,
widow's allowance, intestate share, right to take against the will of the other, and right to act as
administrator or executor of the others estate. Each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such interests, rights and claims.
16. SUBSEOUENT DIVORCE / ATTORNEYS FEES
Wife has filed a no-fault complaint in divorce against Husband under Section 3301 (c) of the
Divorce Code. This Agreement shall be incorporated into but shall not merge into any such judgment
or decree of final divorce.
17. BREACH AND ENFORCEMENT:
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, or seek other such remedies or relief as may be
available to him or her, and the party breaching this Agreement should be responsible for payment of
legal fees and costs incurred by the other in enforcing his or her rights under this Agreement.
A. It is expressly understood and agreed by and between the parties hereto that this Agreement
may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree
that if an action to enforce this Agreement is brought in Equity by either party, the other party will make
no objection on the alleged grouud of lack of jurisdiction of said Court on the ground that there is an
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adequate remedy at law. The parties to not intend or purport hereby to improperly confer jurisdiction on
a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual
recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in
Equity over agreements such as this one.
B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an
action at law for redress of his or her rights under the terms of this Agreement, and in such event it is
specifically understood and agreed that for and in specific consideration of the other provisions and
covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and
disposition of such case and so as to avoid delay.
C. Each party further hereby agrees to pay and to save and hold harmless the other party from any
and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any
way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the
terms or provisions of this agreement by reason of which either party shall be obliged to retain or engage
counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way
whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first
be successful in whole or in part, before there would be any liability for attorney's fees and costs of
litigation. It is the specific agreement and intent of the parties that a breacbing or wrongdoing party shall
bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or
herself as well as the other party in endeavoring to protect or enforce his or her rights under this
Agreement.
18. ADDITIONAL INSTRUMENTS:
Each of the parties shall from time to time, at the request of the other, execute, acknowledge and
deliver to ,tile other party any and all further instruments that may be reasonably required to give full force
and effect to the provisions of this Agreement.
19. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect have been completely reviewed by the
parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into
voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or
undue influence. The parties acknowledge that they have been furnished with all information relating to
tile financial affairs of the other which has been requested by each of them.
20 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. Husband and Wife
acknowledge and agree that the provisions of this Agreement with respect to the division and distribution
of marital and separate property are fair, equitable and satisfactory to them based on the length of their
marriage and other relevant factors which have been taken into consideration by the parties. Both parties
hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in
full and final settlement and satisfactiou of all claims and demands that they may now have or hereafter
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have against the other for equitable distribution of their property by any court of competent jurisdiction
pursuant to Section 40l(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and
intelligently waive and relinquish any right to seek a court ordered determination and distribution of
marital property, but nothing herein contained shall constitute a waiver by either party of any rights to
seek the relief of any court for the purpose of enforcing any provision of this Agreement.
21. DISCLOSURE:
Husband and Wife each represent and warrant to the other that he or she has made a full and complete
disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the
sources and amount of the income of such party or every type whatsoever and of all other facts relating to
the subject matter of this Agreement.
22 MODIFICATION AND WAIVER:
A modification and waiver of any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality 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.
23. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement agreements which mayor have been
executed prior to the date and time of this Agreement are null and void and of no effect as well as any
verbal agreements or representations occurring prior to the effective date of this instrument.
24. DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the parties.
25. INDEPENDENT S~PARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto that each paragraph
hereof shall be deemed to be a separate and independent covenant and agreement.
26. APPLICABLE LAW:
This Agreement shall be coustrued under the laws of the Commonwealth of Pennsylvania.
27. VOID CLAUSES:
If any terms, conditions, clause or provision of this Agreement shall be determined or declared to
be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken
from this Agreement and in all other respects this Agreement shall be valid and continue in full force,
effect and operation.
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28. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
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IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above
written intending to be legally bound.
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Bonita E. Tillman
Commonwealth of Pennsylvania
County of Cumberland
On this, the ;;.9d- ,dayotl'l6<-HL A.D. 2003, before me a Notary Public appeared
Bonita R, Tillman , known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereu
al.
Notarial Seal
~~aw~ves, Notary Public
'll-u,~mberlsn
ay 2, 2005
Seal _
.iJAd t ..vt/WI~
Darrel R. Tillman
JI'I'I
Ti of Officer
GAf/I1 i S:S j'l>'V €)C 111 l<-I S
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c;V
STATE O~HIO
County of I ft.l.l\IJ,tlP.dl
On this, the -llu-Hi ,day of~...h A.D.~~efore me a Notary Public appeared
Darrel R. Tillman known to me (or satisfactorily proven) to be the person whose name is subscribed
to the within instrument, and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Title of Officer
Seal
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
BONITA E. TILLMAN,
No. 0/ - Jn9
OI'o,fT~
PLAINTIFF,
Civil Action---Divorce
V.
DARREL R. TILLMAN,
DEFENDANT,
NOTICE TO DEFEND AND CLAIM OF 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 reliefrequested 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.
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.
CUMBERLAND COUNTY COURT ADMINISTRATOR
1 Courthouse Square
Carlisle, Pennsylvania 171 01
(717) 240-6200
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
BONITAE. TILLMAN,
No.
PLAINTIFF,
Civil Action----Divorce
V.
DARREL R. TILLMAN,
DEFENDANT
A VISO PARA DEFENDER Y RECI"AMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expuestas en las paginas siguientes, debe tomare accion con prontitud. Se Ie avisa que si
no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulaminento
puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en
su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted
puede perdcr dinero, 0 propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County
Court of Common Pleas, 1 Courthouse Square, Carlisle, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL.
HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO 0 ANULlAMIENTO SEA EMITIDO. USTED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBELLEV AR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO
TIENE 0 NO PUEDEPAGAR UN ABOGADO. VAYA 0 LLAME A LA
OFFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE
OBTENER ASISTENCIA LEGAL.
OFFICE OF THE COURT ADMINISTRATOR
1 Courthouse Square
Carlisle, P A. 17013
Phone: (717) 240-6200
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AVAILABILITY OF COUNSELING
THE DIVORCE CODE OF PENNSYL VANIA REQUIRES THAT YOU BE
NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE
IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS:
23 Pa.C.S. & 3301(a)(6)-------Indignities
23 Pa.C.S. & 3301 (c)----------Irretrievable Breakdown; Mutual Consent
23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the
court determines that there is a reasonable prospect of
reconciliation.
A list of marriage counselors is available in the Office of the Prothonotary
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania
17013. Phone: 717-240-6195.
HAZLETT & OESTERLING
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
BONITAE. TILLMAN,
No. 0/- JI?9 ~ r-
PLAINTIFF,
Civil Action----Divorce
VS.
DARREL R. TILLMAN,
DEFENDANT,
COMPLAINT UNDER SECTION
3301 (C) OR 3301(1)) OR 3301 (A)OF THE DIVORCE CODR
PARTIES
L Plaintiff is Bonita E. Tillman an adult individual, sui juris and who currently resides at
35 Shepherd Road, Newville, 17241 County of Cumberland Commonwealth of
Pennsylvania.
2. Defendant, is Darrel R. Tillman an adult individual, sui juris, with an address of PO
Box 574, Levittsburg, 44430 in the State of Ohio.
JURISDICTION & VENUE
3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of
more than 6 months.
4. The parties were married on the 14th day of September 1973 in Ellenwood Georgia.
5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
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DR 87 in the State of Ohio which has been dismissed by the Court on April 25th 2001 due
to lack of proper Venue.
COUNT I
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (D) OF THE
DIVORCE CODE.
7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been
separated since January 29th 2001.
8. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that the plaintiff may have
the right to request that the court require the parties to participate in counseling.
10. Plaintiff shall seek to finalize the divorce when the parties have been separated for a
Period of two years or more.
WHEREFORE, plaintiff respectfully requests the Court to enter a decree of divorce
pursuant to section 3301 (d) of the Divorce Code.
11. The parties do have biological children born of the marriage all of which have
reached the age of majority.
12. The parties have not heretofore entered into any written agreement as to support,
Alimony, or property division,
COUNT I
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE
DIVORCE CODE.
13. The prior paragraphs are incorporated herein by reference.
WHEREFORE, if the parties file affidavits consenting to a divorce after ninety (90)
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days have elapsed from the date of the filing and service of this Complaint, plaintiff
Respectfully requests the Court to enter a decree of divorce pursuant to section 3301 (c)
of the Divorce Code.
COUNT I
COMPLAINT UNDER 3301 (A) OF THE DIVORCE CODE
ABANDONMENTandADULTERY
14. The prior paragraphs are incorporated herein by reference.
15. During plaintiffs marriage to defendant, defendant abandoned the Marital Residence
and moved to the State of Ohio.
16, Plaintiff was never notified by the defendant during the course of their marriage that
defendant was contemplating departing from the marital residence and plaintiff was
never aware of these intentions until she received notification from defendant's Ohio
Attorney.
17. Plaintiff, at no time consented to, or condoned the defendant's abandonment ofthe
Marital Residence,
18. Defendant admitted to Plaintiff that he, has been seeing another women for a period
of eight (8) months and has therefore committed adultery as to his lawfully wedded wife,
by his own admissions to the same.
WHEREFORE, Plaintiff requests that the Court grant her a Divorce from the
Defendant pursuant to 3301 (A) of the Divorce Code for the reasons as cited in the
aforementioned.
COUNT II
ALIMONY & ALIMONY PENDENTE LITE
19. The averments of paragraphs I through 18 of Count I of this Complaint are
incorporated herein as if set forth verbatim.
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20. Plaintiff is in need of alimony during the pendancy of this divorce proceeding.
21. Plaintiff, is currently living in the Marital home and is without the financial
resources to pay the necessary expenses associated with the upkeep and
Maintenance of the home since the defendant has abandoned the marital residence as the
result of the reduction of the household income.
22. Plaintiff will also incur legal expenses and costs to pursue the legal claims for which
she is entitled to and required to pursue, and/or assert her defenses to
the same and as such is in need of financial support Plaintiff, Bonita Tillman has
heretofore expended $500.00 in counsel fees relative to this action and will incur
additional expense during its pendancy up until its conclusion.
WHEREFORE, Plaintiff prays that this Honorable Court grant her permanent
Alimony and Alimony Pendente Lite and award her counsel fees and expenses relative to
all stages of this proceeding.
COUNT III
PETITION FOR EOUITABLE DIVISION.
DISTRIBUTION AND ASSIGNMENT OF MARITAL
PROPERTY
23. The averments of paragraphs I through 22 of Count I and II are incorporated herein
by direct reference thereto as if set forth verbatim.
24. The parties are the owners of various items of personal property and real property
which qualifies as marital property as defined in Section 401 of the 1980 Divorce Code.
25. Such marital property includes both real and personal property as well as other
intangible property thought to exist, including but not limited to pensions, retirement
plans.
26. Such property is subject to equitable division, distribution and assignment by this
Court.
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WHEREFORE, Plaintiff prays that this Honorable Court:
(a) equitably divide, distribute and assign all of the parties' marital property:
(b) enjoin Defendant from transferring or encumbering any marital property
during the pendency of this action,
HAZLETT & OESTERLING
ATTORNEYS AT LAW
VERIFICATION
I verify that upon personal knowledge or information and beliefthat 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.
Bonita E. Ti
Date: IV,)./- tl /
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AMERICAN WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990, For information about accessible facilities
and reasonable accommodations available disabled individuals having business before the
court, please contact our office. All arrangements must be made at least 72 hours prior to
any hearing or business before the court. You must attend the scheduled conference or
hearing.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
BONITAE. TILLMAN,
No.
PLAINTIFF,
Civil Action---Divorce
V.
DARREL R. TILLMAN,
DEFENDANT,
CERTIFICATE OF SERVICE
I hereby certify that on this , day of , 2001, a true and
correct copy of the foregoing Divorce Complaint, Notice to Defend, Notice of
Availability of Counseling and Verified Complaint in the above-captioned matter, was
served upon the person and in the manner listed below:
Service by Certified Mail, Return Receipt #
following:
, addressed to the
HAZLETT & OESTERLING
Gregory S. Hazlett, I.D. # 69528
Attorney for Plaintiff
22 South Market Street
Mechanicsburg, Pennsylvania 17055
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYL VANIA
BONITA TILLMAN,
PLAINTIFF, Civil Action---Divorce
Docket No. 2001-3179
V.
DARREL R. TILLMAN,
DEFENDANT,
CERTIFICATE OF SERVICE
I, Gregory S. Hazlett, Esquire, hereby certify that on the 28TH day of May 2001 I
made service of the foregoing Divorce Complaint and related documentation, upon
the following interested parties listed hereunder by way of first class mail postage
prepaid.
DARREL R. TILLMAN
PO BOX 574
LEVITTSBURG, OR. 44430
DATE: 9/25/2005
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
BONITA TILLMAN,
Plaintiff
No. 2001-3179
v.
DARREL R. TILLMAN,
Defendant
Civil Action - Divorce
ACCEPTANCE OF SERVICE
I DarreI R. Tillman, hereby verify that I received a copy of the Divorce Complaint and
accompanying documentation, in the above-captioned matter on the ,j, f5 ..fA , day of
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYL VANIA
BONITA TILLMAN,
Plaintiff
No. 2001-3179
v,
DARREL R. TILLMAN,
Defendant
Civil Action - Divorce
AFFIDAVIT OF CONSENT
I. A complaint in divorce under Section 3301( c
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Acceptance of Service.
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2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of service ofthe divorce Complaint
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyers
fees or expenses in do not claim them before a divorce is 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.
Cons. Stat. S 4904 relating to unsworn falsification to authorities.
Date: q -(tf<J ('
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYL VANIA
BONITA TILLMAN,
Plaintiff
No. 2001-3179
v.
DARREL R. TILLMAN,
Defendant
Civil Action - Divorce
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 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 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.
4. 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. c.s. & 4904
relating to unsworn falsification to authorities.
Date:q~t?-c/
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYL VANIA
BONITA TILLMAN,
Plaintiff
No. 2001-3179
v.
DARREL R. Tn~LMAN,
Defendant
Civil Action - Divorce
AFFIDAVIT OF CONSENT
L A complaint in divorce under Section 330l(c) of the Divorce Code was filed on May
24th, 2001 and served upon defendant on J., 'if <f I, J11A It .2 OiJ I by way of an
Acceptance of Service. f
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of service of the divorce Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyers
fees or expenses if! do not claim them before a divorce is 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.
Cons. Stat. S 4904 relating to unsworn falsification to authorities.
Date: ~-J..1-~5
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Darrel R. Tillman, Defendant
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
BONITA TILLMAN,
PLAINTIFF,
Civil Action---Divorce
Docket No. 2001-3179
V.
DAREL R. TILLMAN,
DEFENDANT,
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a [mal Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! 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.
4. 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. c.s. & 4904
relating to unsworn falsification to authorities.
Date: 9-/0-05
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Darel R. Tillman, Defendant
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In The Court of Common Pleas of
Cumberland County, Pennsylvania
File No.
2001-03179
TILLMAN BONITA E
vs
TILLMAN DARREL R
STATEMENT OF INTENTION TO PROCEED
To the cOE:
(j Atti-a, Fit' 111 fl IV
intends to proceed with the above captioned matter.
Date: '1/ 'y J () lJ
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