HomeMy WebLinkAbout99-02388
'. .
sPA- W t'~;u~ ~ -4 .~~ g;
3/'.1/,,/ ~ IH~ &:. ~.
.
....
.
PROPERTY SEITI.EMENT AGREEMENT
THIS AGREEMENT, madc this .J, 11A..day of (j /lW ,2001, by and
I
bctween JOHN K. HESS, hereinaRcrcalled "Husband", and ANNE D. HESS, hcreinatlcrcallcd
"Wifc".
WITNESSETH:
WHEREAS, Husband and Wifc were legally married on January 12,1995;
WHEREAS, differences have arisen between Husband and Wife in consequence of which
they desire to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to sellle and detennine their rights and obligations.
NOW THEREFORE, in consideration of the premises and covenants contained herein, it is
agreed by and between the parties hereto that:
J. SEPARATION.
It shall be lawful for each party at all times hereatler to live separate and apart from each
other at such place as he or she from time to time shall choose or deem fit. The foregoing provision
shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of
the causes leading to their living apart.
2. INTERFERENCES.
Each party shall be free from interference, authority and control by the other, as fully as if
he or she were single and unmarried, except as may be necessary to cany out the provisions of this
Agreement. Neither party shall molest or aUempt to endeavor to molest the other, or in any way
harass or malign the other, nor in any other way interfere with the peaceful existence, separate and
apart from the other.
3. PENSIONSIRETlREMENT.
Each party shall retain any pension accumulated during the marriage individually as their
.
sole and separate propeny.
4. DIVISION OF PERSONAl. PROPERTY.
The panics have divided between them to their mutual satisfaction, personal effects,
household goods and furnishings and all other articles of personal property which have heretofore
been used in common by them, and neither party will make any claim to any such items which are
now in the possession or under the control oflhe other with the exception c,fthe items set forth on
Exhibits "A" and "B" attached to this Agreement.
Exhibit "A" represents certain items of furniture which will be returned to Wife under the
tenns and conditions more particularly set forth below. The items on Exhibit "A" shall be
delivered to Route 15 Self Storage by Husband. The expense of the Self Storage location shall be
paid in advance by Husband through June 14,2001. Wife shall remove the items from the storage
area no later than June 8, 2001. Husband shall supply Wife, through her counsel, all infonnation
necessary to access the storage locations
Husband will make best efforts to forward at the same time to the storage area the items
listed on Exhibit "B". Husband has indicated to counsel for Wife that all of the items may not be
available. He will, however, make his best efforts to locate as many as possible and have them
delivered with the furniture. All of the items delivered must be in good condition with ordinary
wear and tear excepted. Husband agrees that the furniture shall be delivered to the storage location
no later than Saturday, April 28, 2001. After Wife has inspected the furniture, the Divorce Master's
proceeding presently scheduled for Wednesday, May 2, 2001, at 9:30 a.m. before the Cumberland
County Divorce Master will be cancelled. All ofthe necessary Consents and Waivers will be
signed and the divorce will proceed to conclusion.
5. MOTOR VEHICLES.
The parties are the owners of two vehicles acquired during their marriage, a 1994 Honda Passport
titled in Husband's name only, and a 1995 Toyota Camry titled injoint names. Wife is in
possession of both car titles.
The title to Husband's 1994 Honda Passport, which will be retained as his sole and separate
.
property, shall be placed in escrow with Wife's attorney, John J. Connelly, Jr., Esquire, to be
delivered to Husband upon enlry of the Decree in Divorce.
The 1995 Toyota Camry titlc shall be forwarded 10 Husband who will cxecute and return
the title at the time he executes the Property Settlement Agreement in this matter. The said vehicle
shall remain Wife's sole and separate property.
6. EOUlTABLE DISTRIBUTION,
Husband has paid into an escrow aceounl bcing held by Wife's counsel, the sum of
$16,000.00 U.s. Dollars representing equitable distribution to Wife pursuant to the terms of this
Agreement. The said monies shall be held in an interest bearing escrow account at M&T Bank and
shall be released to Wife upon the granting of the Decree in Divorce. Said Decree in Divorce shall
be granted no later than May IS, 2001. In the event the Decree is not entered by that date, the
amount set forth in the escrow account shall, at Husband's election, be returned to him immediately
including any interest accumulated. In the event ofthe return of monies to Husband pursuant to
this paragraph, the Agreement shall be null and void and each party shall retain the right to move
the matter to conclusion through the Court of Common Pleas, Cumberland County, Pennsylvania.
7. REAL PROPERTY,
Husband acquired prior to marriage the real estate located at 3509 Beech Run Lane,
Mechanicsburg, Cumberland County, Pennsylvania. Wife waives any claim she may have in the
said real estate.
8. MARITAL DEBT.
The parties have no joint debts from the marriage 10 which either party would be
responsible. Any individual debts have been addressed at a separate location in this Agreement.
9. APPLICABILITY OF TAX LAW TO PROPERY TRANSFERS.
The parties hereby agree and express their intent that any transfer of property pursuant to
this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of
property between spouses and fonner spouses. The parties agree to sign and cause to be filed any
.
~
.
elections or other documents required by the Intemal Revenue Service to render the Act applicable
to the transfers set forth in this Agreement without recognition of gain on such transfer and subject
to the cany-over basis provisions of the said Act.
10. BREACH.
If either party breaches any provision of this Agreement, the other party shall have the right,
at his or her eJection, to sue for damages for such breach. The party breaching this contract shall be
responsible for the payment of legal fees and costs incurred by the other in enforcing his or her
rights under this Agreement, or seeking such other remedy or relief as may be available to him or
her. The parties specifically acknowledge that they are entitled to utilize the remedies as set fonh in
the Divorce Code of 1980. as amended.
11. FULL 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 of all assets of any nature whatsoever in which such party of every
type whatsoever and all other facts relating to the subject matter of this Agreement.
12. WIFE'S DEBTS.
Wife represents and warrants to Husband that since the parties' separation 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 hannless from any and all claims or demands
made against him by reason of debts or obligations incurred by her.
13. HUSBAND'S DEBTS.
Husband represents and warrants to Wife that since the parties' separation 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 indemnity and save Wife hannless from any and all claims or demands made
against her by reason of debts or obligations incurred by him.
14. WAIVERS OF CI.AIMS AGAINST EST A TES.
Except as herein otherwise provided. each party may dispose of his or her property in any
way. and each party hereby waives and relinquishes any and all rights he or she may now have or
.
.'
hereafter acquire. under the present or future laws of any jurisdiction. to share in the property or the
eslate of the olher as a result oflhe marital relationship, including without limitation, dower, curtsy,
stalutory allowance. widow's allowance, right to take in intestacy, right to take against the Will of
the other. and right to act as administrator or executor of the other's estate, and each will, to 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,
15. REPRESENTATION.
It is recognized by the parties hereto that Wife is represented by John J. Connelly, Jr..
Esquire, and Husband is unrepresented by counsel and has the right to have this Agreement
reviewed by counsel of his choosing prior to signing. It is fully understood and agreed that by the
signing of this Agreement, each party understands the legal impact of this Agreement and further
acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound
by the terms hereof.
16. VOI.IJNTARY EXECIJTlON.
The provisions ofthis Agreement are fully understood by both parties and each party
acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and
that it is not the result of any duress or undue influence,
17. 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,
18. 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.
19. MODIFICATION AND WAIVER.
Any modification or waiver of any provision 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 perfonnance of any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the samc or similar nature.
20. GOVERNING LAW.
This Agreement shall be governed by and shall be construed in accordance with the laws of
the Commonwealth of Pennsylvania.
21. INDEPENDENT SEPARATE 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.
22. VOID CLAtiSES.
If any tenn, condition, clause, or provision ofthis Agreement shall be determined or
declared to be void or invalid in law or otherwise, then only thattenn, 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.
23. ENTRY AS PART OF DECREE.
It is the intention of the parties that this Agreement shall survive any action for divorce
which may be instituted or prosecuted by either party and no order, judgement or decree of divorce,
temporary, final or pennanent, shall affect or modify the financialtenns of this Agreement. This
Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final
divorce.
24. DIVORCE ACTION,
The parties shall, at the time ofthe execution of the Agreement, execute documents
necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims
pending under said action, indexed to number 99 - 2388 Civil, in the Court of Common Pleas,
Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling
and Waivers of Notice ofIntention to Request Entry of a Divorce Decree.
After the review and approval of the personal property more particularly set forth in
Paragraph 4 hereof, counsel for Husband shall promptly transmit the Praecipe to Transmit the
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
: 55.
On this, the ~1l:A day of O;>>u.l , 200 I, before me, a Notary Public,
personally appeared Anne D. Hess known to me to be the person whose name is subscribed to the
within Properly SeUlemcnt Agreement and acknowledged that she executed the same for the
pUrposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~.~
NOTARY PUBL C
COMMONWEALTH OF PENNSYL VANIA
COUNTYOF ~
NOTARIAL SEAL
. Jean L. KOD'", Notary Public
City of ffum"'.'stow,-"County of Dauphin
My Co,,,,mss,on Expir.s Feb. 9, 2004
: 55.
On this, theJl,'7i:IL day of I1tU ,2001, before me, a Notary Public,
personally appeared John K. Hess, known to me to be the person whose name is subscribed to the
within Property Settlement Agreement and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~bf.~
NOTARYPUB Ie
NOTARIAL SEAL
J.an L. Kosl.r, Notary Public
City of ffumm.'stown,County 01 Dauphin
My Commission Expires Feb. 9, 2004
>- cn j'::
o~ Lr.
""- Z
,- .. :')~
('*:. - C)-;;:
U,I~-:.-
~t ; :c u~
l_~_ - -:.:
" '-j ~..J
".--'(:, . .1-
0 /1)
.:.'JI r.
~ ' ~. . ..
'-
~' 1 ~~ ~!-J
1".- C- o '~....
" ~- .,..
" :.)
C' C) U
.
'1!~~N;ri;:_,:::';"-'-:L/;"._: _ .
_ _~~ff,"\\+'r"~'TO' -.^,' .-.
, ,~~,;,'tc ;" -: -~ YOU
~.?:r.',!,..:.,;t';.""_ -._....."...,..".. fO fI'UAD YO
','J'.,;.-,,-c~; """'"
~_ _ ;"- -"'," ': " fWI""'" DA" or NlMCI MI_."
:tf:":'" """' _;..,._:-_~L:C:""11iIT MA' II IN'U'I J
IV
.-.
. . LAW 0I'PIca
JAMI!S, SMrrH, DURKIN & CONNELL'i LLP
~ .
.. r.o._6.'ID "
HWIlUV, P8NNSVLVANIA IlQJU6lO
..
WI """1' CI.,..,., TMAT fNI WITH.....
. 'MIl ...... COUIn CWY or "..
C)lIttltl'tA\ miD", 1lflI, ACnDIII.
..
.-
v.
: IN nm COURT or COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
NO. 99 - 2388 CIVIL
ANNE D. HESS.
PlaintilT
JOHN K. HESS.
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the reeord. together with the following infonnation, to the Court for entry of a
Divorce Decree:
I. Ground for divorce: irretrievahle breakdown under Section (XX) 3301(c) ( )
3301(d) of the Divorce Code.
2. Date and manner of service of the Complaint: April 29, 2001 by certified mail
number Z 204 426 369.
3. Complete either paragraph (a) or (b).
(a) Date of execution ofthe Affidlvit of Consent and Waiver of Counseling
required by Section 3301(c) of the Divorce Code: by Plaintiff: April 27 ,2001;
by Defendant: Ap"; 1 n .2001.
(b) (I) Date of execution ofthe Plaintiffs Affidavit required by Section 3301(d) of
the Divorce Code:
(2) Date of service of the Plaintiffs Affidavit upon the Defendant:
4, Related claims pending: All claims of record have been resolved and settled pursuant to
a Property Settlement Agreement dated April 27 ,2001.
>- r- ~
a: Lr.
-, -~
f."--= '-
u.l0 ;:;~~r
( ")..,. ~.) ?:
-'-"-( ., .'- ':-,(
1.0__ "-
'!-;_: (~~.J
'1' ( c, . (~/?
[..: cr; _1..::..
L. :'-;,
~ l:~'. '. ~ j iiJ
Cl_ ;::~ 0-
"'"
" '3
C' ::::> U
. '
-~ .~ .
I'.."
.7:):....
'';'
ft. MIII'I' C""In nu,f nt, wmtlH f'
." '''''I AND cO..le,. CO" Of nt.
O.1011UL ''l-.. ... ..... Mn","
MY
TO
'IOU .. Nua.y Non".D TO 'LUD TO
'HI IHeLMI., WITHIN
twlNTT ,... 1M" Of' .11Me1 HIIlIM O.
. D"",U~' NDONINT "A' IIINTI"ID
-.."""" 'rOU I
. . LAw OmeB
,JAM~. SMITH, DURKIN & CONNELLY, LLP
P.U _030
HBRSItBY. PENNSYLVANIA I103J.06lO
.'
~t!:!
~,";';f
. <....,~.,.
..
.-
.~.
ANNE D. HESS,
PlaintifT
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. C-rtf. ;;J~ f {l{',Ltl_
v.
JOHN K. HESS,
Defendant
: CIVIL ACTION. LAW
: IN DIVORCE
NOTICE
You have been sued in Court. I f you wish to defend against the claims set forth in the
following papers, you must take prompt action. You arc warned that if you fail to do so, the case
may proceed without you and a Decree in Divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone: (717) 249-3166
~~i"~h-,,"',,,..
'-!.;'!h:~~'~',-.i. -'>
-,;t~;~"~Y, ; '~, TO
-'-"", YOu,... H...... ...,
.,~,'-._ ,",IMC-- "liD TO ''''''D
I"";"'.', nw:HfY __ID 1'0
.' ,.".,:L.:,:,.\~" A DUAlA"':' '::"1 or IIItV1tI H...~~':: .
,J', ......" YOU.oaN'N' WAY III"'''UIO
~~~~'.' .\'-
.
J. . l..w OmCB
AMES, SMITH Du
, RKIN'" CONNELLY, LLP
r. Q IIOX 6.iO
H~RSH~Y. PP.NNSYLVANIA OOlJ.()(OO
WI HUCI. cu,.
. " T.UC Aftf .,., 'HA, THI WlTNtIrt
O"IOIHAL. "~DC~.~IC' 11;0", 0' 'ht~
, I". HII ACTICH.
.-
."---
", ,>'::~.:.i;
ANNE D. HESS.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 99.2388
v,
JOHN K. HESS,
Defendant
CIVIL ACTION. LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF DAUPHIN
AND NOW, this J4i1Aay Of~' 1999, personally appeared before
me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire,
who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce
was served on the Defendant, John K. Hess, on April 29, 1999 by certified mail number Z 204 426
369 , addressee only, return receipt requested, as evidenced by the return receipt card attached
hereto and made a part hereof.
Date: 1-/~{ -qq-
Sworn to and subscribed
before me this ~
daYOfS0JOlt ,1999.
~ f'l Jl.J)j, . !4NJl'~ JLJ
Notary Public
NOTARIAL SEAL
J!::AN L. KOSIER. Not~ry Public
CltI; d H~r~'c::~;utg, Dauphin Cnunt.,.
,.._~~_y_~~.,"7'_"'~::.: >..In Expi~C':; tJov. 29. 109!J
'- ~
r:: c:
(': ~<t'
U_' Cl~
., O;?
~.~ .
:-:4. "-. o~
'i; .,,~
., ~l'UJ
, ...Jz
'. It.:. %
-', I!Jw
U.lo..
- '>
lL. "" =>
CJ G-' 0
~
0- r-. ~:
cr; In
i~ ;;:
)L' (~~ 0.o::r
,1#", \ } ~;~
:~': ," :C ,);<::
:::.i' ."" ':'I~
,"__'.i <=> -;-;-
~ II)
u. ,.., ~:;%
C.- . C-,.,..
- c,. .dib
, L~ '.~)O-
I' :J
C) 0 U
.9.~)
"9''9
,
>- co r.::
a; Lr.
., ~7
1-': :=;.-
u.!r:: ':1:)
(1" .
f:i: ~,: ....- :.;. ~
.,. -: .:~~
C~ f.
';'( <=>
C'
i.~. <v: ;!::;;
:.:,., c:: -.:Jib
'.~'
C:.. :.:~ :J-
"'" .-l:'
u. ::-J
C C) U
~~
..",-
"'~r .......
>- a, G
0; Lt:
-,
1--. .'::
l~.JC: I:~~~
, )~
::~ .,- ;-'):j'~
:!~ . "'" -J::J
'"(', --::-
L..': 0 ,~ rf)
L.," C'") )-,
, : j~ 'l
c C~ ..!.JliJ
,- ~ ~:.tc..
"'"
". :::;
0 0 u
ca -
.v ~-
.
"""
-'
-.
~.
.
>- C<) ;>-
c.r:
" u-: ::;
,-
" .. - :'-") <
( - ~)%
.. :-;:: ~-) ..::I:'
., ."" 0:;j
(";1.
,r'- 0 .:~,:f;;
-.. C'., .)z
"-
~~-: ' ,.. --or
cC- '. "" :_Li{n
<'- ;,._qO-
~
,. S
0 0 U
....
.,.....
.
~ "" G
f..r; Lr.
~. "
::... :=:.:;
-.""'t;
1'1;'.' (-):.........
~::~m <; u,,?
....-
't___ ~1~
(r' ~- a ,O(J)
C ' -,
C.., __J..~
......,... ~-,
~ ....G-
. . -_!JLU
-- u_ '!In...
,- ..:.:: ::::
" ::-~
0 ,=> (J
~."~
""" ...
,.... ...,.
,A'Vlm:. ~. Hf.55
PJ-n'r7~'fF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
~ Hl't K, r4~S.-
W/lorrt I
CIVIL ACTION - LAW
NO, qq~ 2~8BB CIVIL
IN DIVORCE
;..
I
19
STATUS SHEET
f
i..
I
/01
'" -01
61 ./ '.'?1l '"~ IV\'
~~611
',0/0 CI.th .
'.) fl-~ t'..fO'e!J ~~~
J:I,J o.f('l-1/ih<.~, o..~~~ ~.
Y("JO("100 I
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
~
%
u
:t
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THA7 DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
~
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
r
I
~
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
cc: Gerald S. Robinson, Esquire
.
OFFICE OF DIVORCE MASTER
CUMBeRLAND COUNTY
COURT OF COMMON PLEAS
9 Nonh Hanover Slreel
Carlisle. PA 17013
(717) 240.6535
E. Robert Elicker, II
Diyorce MaSlsl
Tracl Jo COlyer
Office Managor/RepMor
West Shore
697.0371 Exl. 6535
January 31, 2001
John J. Connelly, Jr. Esquire
JAMES, SMITH, DURKIN & CONNELLY
P.O. Box 650
Hershey, PA 17033-0650
Gerald S. Robinson, Esquire
ROBINSON & GERALDO
P.O. Box 5320
Harrisburg, PA 17110-5320
RE: Anne D. Hess vs. John K. Hess
No. 99 - 2388 Civil
In Divorce
Deor Mr. Connelly and Mr. Robinson:
Reviewing the correspondence regarding discovery, it appears that we
should be able now to proceed with the directive for pretrial statements.
A divorce complaint was filed on April 21, 1999, raising grounds for
divorce of irretrievable breakdown of the marriage and indignities. I am
going to assume that the parties will sign and file affidavits of consent and
woivers of notice of intention to request entry of divorce decree so that the
divorce can be concluded under Section 3301(c) of the Domestic Relations
Code. The complaint also raised the economic claims of equitable
distribution, alimony, alimony pendente lite, and counsel fees and expenses.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to
file a pretrial statement on or before Monday, February 26, 2001. Upon
receipt of the pretrial statements, I will immediately schedule a pre-hearing
--.. ----..---
H Joon lIus!
Ji>Olllloooh I~n In
MocIJ8I1lcsOO'U,I'^ IIO!>O
( c'"
......
. .
,", ..
.' .
. .
..:.. ~
,>.
'.
O~~;~ 0 ~ ~" ,J<J<<e-. l:'\'^-:>~
~~ CJ"l c.j ~ (~~\el<.)
A-'t\~. 'Z.. ~~ 'L\\~(p( ,lX:
~ \\. \-\u-"'<>.V\' <::>~.
C(L( \.;"e.., ~ '" \ l 0 \)
i 70i~+::::;)i4 ',,,11/.../11...,,,1/..1/.../1,11....../1.1,./11,,,,,,,,,../11
October 2, 2000
Jolm Connelly, Esquire
P.O. Box 650
Hershey, P A 17033
Re: Anne D. Hess v. John K. Hcss- No. 99-2388 Civil
Dear Mr. Connelly:
Please be advised that we have been trying to contact you regarding when we could
expect your client's Inventory and Appraisement and Financial Statement, but to no avail. I have
already provided you with a copy of my client's Inventory and Appraisement and Financial
Statement.
Kindly contact me at your earliest possible convenience to infonn me when I might
expect the outstanding documents. I thank you in advance for your attention and consideration
in this matter so we can move forward with this case. Please feel free to contact me with any
questions you may have regarding this matter.
Sincerely yours,
ROBINSON & GERALDO
BY~
Gerald S. Robinson, Esquire
cc: E. Robert Elicker, II
GSR:clf
P.O. Box 5320
Harrisburg, PA 17110.5320
Harrisburg
4407 North Front Slreet
Harrisburg,PA 17110
(717) 232.8525
(600) 571.2727
Cumberland County
17 E. High St.. Suite 104
Carlisle, PA 17013
(717) 245.9451
Washington, D.C.
1316 Pennsylvania Ave., s,e.
Washington, D,C. 20003
(202) 544.2889
"
- ">-
.. , -
l', .
.. .j.....
- .J_)
J:;:
.:~ . ': -:~
.~
(':t.) '~I'J
").:...-:::
,
,!; "iD
'.'It.L.
-:t ~
.-:) -'
:.:.) U
....
a:
;:~
u..:~~'
(".'t
~ J-
6;.
~;.:.:
U.'t
f-:,.
I.L-
a
-:J'
""
~
;~~
;-:.>-
-(J)
"JZ
!.~z
:Utu
.Ji 0..
.3
u
C~
l~_
H)
c.."":
-"
;;:
c:>
C)
ASSETS OF PARTIES
PlaintilTmnrks on the list below those items applicable to the case at bar and itemizes the
assets on the following pages. If un item has bcen appraiscd, a copy of the appraisal report is
attached.
I. Real Property
X 2. Motor Vehicles
3. Stocks, bonds, securities and options
_4. Certificates of deposit
5. Checking accounts, cash
6. Savings accounts, money market and savings certificates
7. Contents of Safe Deposit Boxes
8. Trusts
_9. Life Insurance policies (indicate face value, cash value and current beneficiaries)
2
MARITAL PROPERTY
PlaintifTlists all marital property in which either or both spouses have a legal or equitable
interest individually or with any other person as of the dale this action was commenced:
Item Description Names of Date of
Number of Property all Owners Acquisition
2 1995 Toyota Camry John and Anne 1995
24 Members I sl Loan John and Anne 1998
25 Household Furnishings John 1994
5
8. Noles payable
9. Other unsecured liabilities
Contingent or Deferred
10. Contracts or Agreements
11. Promissory notes
12. Lawsuits
13. Options
14. Taxes
15. Other contingent or deferred liabilities
7
LIABILITIES
PlaintilTJists all liabilities of either or both spouses, alone or with any person, as of the
uatc this action was commenced:
Number
of Liability Creditors Description Debtors Amount
I PNC Bank Mortgage John $124,000.00
(includes household furniture)
5 Credit Card balances Credit Card John $8,000.00
6 Mellon Bank Car loan John $21,000.00
6 Allfirst Bank Car Loan John $17,000.00
7 Members I" Personal Loan John and Anne $6,800.00
(as ofDOS)
7 Bank of New York Personal Loan John $24,000.00
8
FINANCIAL STATEMENT OF DEFENDANT
Monthlv Expenses
Shelter :
a. Mortgage or Rent ----.-.------------- $1,200.00
b. SewerlWater .--.--------------------.-.--- $50.00
c. Electric. ---....-----------------------.-- $120.00
d. Heat/Oil --..--------------------------- Nt A
TransllOrtation :
a. Auto Loan paymenls .----------------- $900.00
b. Auto Insurance ----------------------- $167.00
c. Auto Expenses ------------------------- $200.00
d. Travel Expenses ---------------------.- $100.00
Medical Care/Insurances:
a. Life InsurancelMedical Insurance---- $120.00
9
ClothinR :
n. Self & Kids --..-....-.---..--.........-.- SIOO.OO
b. Gifts. ete------.-----.--------------..--.---- S50.oo
e. Dry Cleaning ----------.------.-----.-..... S50.oo
Food :
n. Self and children -.---------------------- S300.00
b. Household Supplies ----.--------------- SIOO.OO
LoanslN otes :
a. Home Equity-----...-----------..-.----.-NI A
b. Credit cards -----.---------------------- $400.00
c. Personal Loan --..---..---------------.. $750.00
Miscellaneous:
a. Entertainment ---------------------------.-- $80.00
b. Barber/Beautician----------.------------- $50.00
c. Contributions ----.--.-----------------..-- $50.00
d. Telephone -------.--.-----.--------.------ $100.00
Child Care:
a. Court-Ordered Support----..------------N/A
10
11. PROPOSED RESOLUTION
Each oflhe parties will retain assets in their possession including pension benefits, real
estate, vehicles and person property. Husband will pay to Wife in equitable reimbursement an
amount of money to be detennined by the Divorce Master.
Respectfully submitted,
JAMES, SMITH, DURKIN & CONNELLY
Date: ~~-J,!J-D/
By:
J hnJ.
A y
P.O. Box 650
Hershey, PA 17033
(717) 533-328
PA 1.0. No. 15615
EXHIBIT "A"
ASSETS OF PARTIES
",i'
\1
..
.,
J.-<
"
,
,
r
Plaintiff marks on the list below those items applicable to the case at bar Wld itemizes the
assets on the following pages. If an item has bccn appmiscd, a copy of the appraisal report is
attached.
(xl
(xl
()
()
(xl
()
()
()
()
()
()
()
()
()
()
1. Real property
2. Motor vehicles
3. Stocks, bonds, securities and options
4. Certificates of Deposit
5. Checking accounts, cash
6. Savings accounts, money market
7. Contents of safe deposit boxes
8. Trusts
9. Life insurance policies (indicate face value, cash
surrender value and current beneficiaries)
10. Annuities
11. Gills
12. Inheritances
13. Patents, copyrights, inventions, royalties
14. Personal property outside the home
15. Businesses (list all owners, including percentage
of ownership, and officer/director positions held
by a party with a company)
16. Employment termination benefits - severance pay,
workman's compensation claim/award
17. Profit sharing plans
18. Pension plans (indicate employee contribution and
date plan vests)
19. Retirement plans, Individual Retirement Accounts
20. Disability payments
21. Litigation claims (matured and unmatured)
22. MilitaryN.A. benefits
23. Education benefits
24. Debts due, including loans, mortgages held
25. Household furnishings and personalty (include as a
total category and attach itemized list if
distribution of such assets is in dispute)
26. Other
()
()
()
(xl
()
()
()
()
(xl
(xl
()
.
;,~
'4;
,
.1'
'~'f
\
'i'
"
,~.
;;1
r.
':~
'.
5
k
I:
i
f6
";
MARITAl. PROPERTY
Plaintifflisls all marital property in which either or both spouses have a legal or equitable
interest individually or with any person as ofthe date this action was commenced.
ITEM NUMBER DESCRIPTION NAMES OF ALL
OF PROPERTY OWNERS
2 Honda Passport ($38,000) Joint
Toyota Camry ($35,000)
5 Mellon Bank Accounts
John $17,500 Joint
Anne $12,500
25 Household Furnishings and Joint
Personal Property (see Exhibit
"A")
Marital Residence Husband
(increase in value - Pre-
Marital)
19. 401(k) plan - Patriot News, Wife
Inc.
19. AMP, Inc. Pension Benefits Husband
19. Hershey Foods Pension Husband
Benefits and Stock Options
NON.MARITAI. PROPERTY
Plaintiff lists all property in which a spouse has a legal or equitable interest which is
claimed to be excluded from marital property.
ITEM NUMBER DESCRIPTION REASON FOR
OF PROPERTY EXCLUSION
25 Household Furnishings and Acquired prior to marriage!
Personal Property aller separation in Wife's
possession
25. Household Furnishings and Wife's property owned priot
Personal Property to rnarriage in Husband's
possession (see Exhibit "B")
25 House Aequired aller separation
1 Marital Residence Acquired prior to marriage
(husband)
L1ABII.lTIES
ITEM NUMBER DESCRIPTION CREDITORS DEBTORS
24 House Mortgage Source One Wife
($95,000 - Post-
Maritall
24 Personal Loan Member's First Joint
($6,500)
24 Marital Residence Unknown Husband
Mortgage
EXIIIBIT "B"
Kitchen:
Wall Sconces
Revereware Pots/Pans
Baking Dishes
Van's lee Cream Maker (a gill to Van from Plaintirrs parents)
Living Room:
CDs
Family Room:
Albums
Guest Room:
Mauve Lamp
Basement:
Christmas Ornament Collection
ANNE D. HESS,
Plainti ff
v.
JOHN K. HESS,
Defendant
,
""
"f'
'7
..,.,'
i
i<::
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-2388 Civil
CIVIL ACTION-LAW
IN DIVORCE
;:
i
INCOME AND EXPENSE STATEMENT OF ANNE D. HESS
INCOME
Employer:
Address:
The Patriot-News
812 Market Street, Harrisburg, PA 17101
Type of Work:
Payroll Number:
Pay Period (weekly, biweekly, etc.): Weekly
Gross Pay per Pay Period: $1,404.00
Itemized Payroll Deductions:
Federal Withholding
Soeial Security
Loeal Wage Tax
State Income Tax
Marketing Director
Retirement
Savings Bonds
Credit Union
Life Insurance
Health Insurance
Medicare
Net Pay per Pay Period:
241.90
87.05
14.04
39.31
28.08
5.00
20.36
$963.26
MONTHI.V YEARI.Y
(Fill In appropriate eo1umnl
OTHER INCOME
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Accounts
Gifts
Unemployment Compo
Worker's Compo
Alimony
Child Support
TOTAL NET INCOME
$344.00
$4,518.12
$4,128.00
$54,217.44
EXPENSES
Home
MortgagelRent
Maintenance
Utilities
Electric
Oil
Telephone
Water/Sewer
$852.00 $10,224.00
40.00 480.00
65.00 780.00
45.00 540.00
36.00 432.00
MONTIILY YEARLY
(Fill In appropriate column)
Employment
Public Transportation
Lunch $100.00 $1,200.00
Taxes
Real Estate
Personal Property 35.00 420.00
Income 133.00 1,596.00
Insurance
Homeowners 12.59 151.08
Automobile 55.00 660.00
Life
Accident
Health
Other
Automobile
Payments
Fuel 100.00 1,200.00
Repairs 95.00 1,140.00
Medical
Doctor 25.00 300.00
Dentist 50.00 600.00
Orthodontist
Hospital
Medicine 25.00 300.00
Special Needs (glasses,contacts, 15.00 180.00
braces, orthopedic devices)
MONTHI.Y YEARI.Y
(Fill In appropriate column)
Education
Private School $1,054.00 $12,648.00
Parochial School
College
Religious
Personal
Clothing 250.00 3,000.00
Food 250.00 3,000.00
Barber/Hairdrcsser 50.00 600.00
Credit Payments
Charge Accounts 400.00 4,800.00
Memberships 80.00 960.00
Loans
Credit Union
Miscellaneous
Household Help
Child Care 142.00 1,704.00
PaperlBookslMagazines 10.00 120.00
Entertainment 50.00 600.00
Pay TV 26.00 312.00
Vacation 42.00 504.00
Gifts 42.00 504.00
Legal Fees 170.00 2,040.00
Charitable Contributions 100.00 1,200.00
Other Child Support
Alimony Payments
TOTAL EXPENSES $4,349.59 $52,195.08
ANNE D. HESS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 2388 CIVIL
JOHN K. HESS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OFSERVrCE
I, John J. Connelly, Jr.. Esquire, of James, Smith, Durkin & Connelly, attorney for the
Plaintiff, Anne D. Hess., hereby certify that I have served a copy of the Plaintirrs Pre-Trial
Statement on the following on the date and in the manner indicated below:
U.S. MAIL FIRST CLASS. PRE-PAID
Gerald S. Robinson, Esquire
Robinson & Geraldo
4407 North Front Street
Harrisburg, PA 17110
JAMES, SMITH, DURKIN & CONNELLY
DATE: 0,;1,-23 -0/
B'
John .sonnel ,Jr., Esquire
A,ho e for PI ntiff
pbs x 650
Hershey, PA 17033
(717) 533-3280
PA J.D. No. 15615
..
...... .....IIY ..",... YO ""IAO TO
--.- ......... ~
":'_~_"''' ...RImeI......OII
.. "'''U,", NMMCN' MAY .. INftUO .......
........, ...,.
..
.-
LAw 0I'l'ICIl
JAMES, SMrrn, DUIOON" CONNELLY. UP
Po Q lOll 6lO
~. PIlNIISYLIIANIA 1103~
.-
WI ......, CEil'''" THAT TNI WIfMIN..
" TINa MIl 0lMWCCT COPY -... ntw:
OI"4UMA&' ,n.ao IN TNI' ACTIOH.
.,
~
ANNE D. IIESS,
Plaintiff
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 99 - 2388 CIVIL
JOHN K. HESS.
Defendant
CIVIL ACTION-LAW
IN DIVORCE
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that the Plaintiff in thc above mallcr having becn granted a Final
Dccree in Divorce from thc bonds ofmatrirnony on the 3rd day of May, 2001, hereby elects to
retakc and herealler use her maiden name of Annc M. Delter and gives this written notice avowing
her intcntion in accordance with the provisions of the Act of May 25, 1939, P. L. 192, as amended.
DATED: .j/;O/() /
I /
(21t/U ,/.:') ./j/lA./
nne D. Hess
TO BE KNOWN AS
at/if.( tll Mlc( }
Anne M. Deller
day
, 2001.
NOTARIAL SEAL
Jean L. Kosier, Notary Public
ell. of Hummelslown,County of Dauphin
I., ommlsslon expire. Feb. 9, 2004
~
'-'
w
3
\3
-. ';'J '- f
t-.-: l;: (-. .J)
I- ~~ ~ ~\~ I\)
v.,: .....
C'
-.- ~ ~ ~
L'- ., ~:J
"-
,--. . ~-') ....... .........
!~; l'Y)
:";;0
:,:: :;~ 8
~ ~ 1k
:"J
f.-;:; U
t'
~
..--;;
'j'...
:,.,/,::,:'
. "'i~:";""
....'
~--
ee
.
' ,