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HomeMy WebLinkAbout99-05218` h1 N h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ?? k-- PENNA. MARK A. HESS, SR. Plaintiff No. 99-5218 Civil. Term VERSUS RENEE S. HESS ii Defendant DECREE I N DIVORCE AND NOW, /-?= TQQI IT IS ORDERED AND DECREED THAT MARK A. HESS, SR. PLAINTIFF, AND RENEE S. HESS ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE /, 3i THIS AGREEMENT MADE AND ENTERED INTO thisJTh day of JANUARY, 2001, by and between MARK A. HESS, SR., of 2091 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, hereinafter called "Husband", and RENEE S. HESS, of 528 Third Street, Carlisle, Cumberland County, Pennsylvania, hereinafter called "Wife", WHEREAS, Husband and Wife were lawfully joined in marriage on April 10, 1993; and, WHEREAS, Husband and Wife commenced living separate and apart on or about January 1, 1999, because the marital relationship became irretrievably broken; and, WHEREAS, the parties hereto desire to enter into a Stipulation and Agreement for equitable distribution of the marital property owned eitherjointly as tenants by the entireties or individually in their own right but including all property which would fall within the definition of marital property pursuant to the Divorce Code, Section 401(e). NOW, THEREFORE, W ITNESSETH, that for and in consideration of the premises, mutual covenants and promises hereinafter made, and intending to be legally bound hereby, Husband and Wife do hereby contract and agree as follows: 1. REPRESENTATION BY COUNSEL.: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of his or her selection; that Husband has been independently represented by counsel, Sally J. Winder, Esquire, and the Wife, aware of her right to legal representation, has likewise been represented by counsel, Lisa M. Greason, Esquire. 2. SEPARATION: Husband and Wife may and shall at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may for his or her separate use or benefit conduct, carry on and engage in any business, occupation, profession, or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to or resulted in the continuation of their living apart. Husband and Wife shall not molest, harass, disturb, or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 3. MUTUAL ESTATE WAI R• Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other of the estate of each other, for all time to come, and for all purposes 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 he or she 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 widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory in the United Slates, or (c) any other country, or any rights which Wife may have or at any time hereafter have or have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements, and obligations or whatsoever nature arising or which may arise under this Agreement or f'or the breach ol'any thereof. It is the intention of Husband and Wife to give to each other by the execution of the Agreement, a full, complete and general release with respect to any and all properly ol'any kind or nature, real, personal or mixed, which the other now owns or may herealler acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however to the implementation and satisfaction oflhe conditions precedent as set forth herein above. Each of the parties hereto further waive any right ofelection contained in Chapter 22 of the Pennsylvania Probate, Estates, and Fiduciaries Code. 4. PERSONAL PROPERTY- Husband and Wife do hereby acknowledge that they have prior to the execution of this Agreement, divided the marital personal property, including, but without limitation, jewelry, clothes, furniture and other personally and hereafter Wife agrees that all of the properly in possession of Ilusband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate properly of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above items which are the sole and separate property of the other. 5. VF'HCI.F.S. Husband and Wife are the owners of various vehicles which they have agreed will be divided in it lair and equitable manner such dim WIFE shall be the sole equitable and title owner of the 1994 Ford Thunderbird provided she be solely responsible for and shall save and hold harmless Husband from and on account of all payments to PNC Bank or its successors or any other financing institution which has or may have a secured interet in said vehicle. HUSBAND shall be the sole equitable and title owner of the vehicles in his name. Husband and Wife do agree that they shall execute all documents, if any, necessary to transfer title and registration to the various vehicles to accomplish the separate ownership as set forth in this paragraph. 6. REAL ESTATE. Husband and Wife are deed title owners of improvements erected on property known and numbered as 2091 Ritner Highway, Carlisle, CumberlandCounty, Pennsylvania which is encumbered by a mortgage to Orrstown Bank having an approximate balance of Dollars. It is the agreement of the parties that the manufactured home located at 2091 Ritner Highway, Carlisle, Pennsylvania shall be the sole and separate property of Husband and Husband shall be solely liable for any and all sums due Orrstown Bank on said mortgage and further, Husband shall save and hold larmless Wife from and on account of all sums due and owing on account of the purchse of said home. Wife shall execute any and all documents necessary for transfer of all of her right, title and interest in and to said home to Husband in his sole and separate name. 7. Husband and Wife do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. 4 8. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of 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 sane or similar nature. 9. If any term, condition, clause or provision ofthis Agreement shall be determined or declared to be void or invalid or otherwise, then only that term, condition, clause or provision shall be valid and continue in fill force, ellcct and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs, with the exception of the satislitction of the conditions precedent, shall in no way avoid or alter the remaining obligations ol'lhe parties. 10. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 11. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue in law or in equity, to enforce such rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for the reasonable legal Ices and costs incurred by the other in enforcing his or her rights under this Agreement. 12. WAIVER OR RETIREMENT CLAIM: Husband and Wife acknowledge that Husband has accumulated certain retirement, pension and profit sharing benefits through his employment. Each of the parties does specifically waive, release, renounce, and forever abandon all ortheir right, title, and interest or claim, whatever it may be, in any pension, retirement, profit sharing plan or other plan of such a nature of the other party, whether acquired through said other party's employment or otherwise, and hereafter said pension, retirement, profit sharing plan or other plan of such a nature shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. Therefore, Wife acknowledges that she has waived any and all claims to retirement funds accumulated by Husband through his employment at Husband likewise waives any rights to any accounts held by Wife, although Husband is not aware of any such accounts held by Wife. This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate and in counterparts, and Husband and Wife, as parties hereto, acknowledge the receipt of a duly executed copy hereof. Witness: L?.6CP. ?j^ (SEAL) MARK A. HESS, SR. l / S z C" i Z (SEAL) RENEE S. HESS ` Q) ? ` _y ?Q r ] J !'1 1._ ?.v ('1 iC LL : r : [? tt. C% -'- ?j O U MARK A. HESS, SR. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA vs : CIVIL ACTION - LAW RENEE S. HESS : NUMBER 99-5218 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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 S3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: U. S. Mail, Certified, Return Receipt Requested, mailed on September 5, 2000. Receipt card is attached to an Acceptance of Service executed by Renee S. Hess acknowledging service and receipt. 3. Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by Plaintiff 01/08/01; by Defendant 01/05/01. 4. Related claims pending: N=. 5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: 01/2f/01. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: 01 /21/0 I . v Sally J. W nder, Esquire 701 East King Street, Shippensburg PA 17257 (717) 532 - 9476 Attorney for Plaintiff >- n: J v L 1 L 1 . , ? i G O U MARK A. HESS, SR. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs : CIVIL ACTION - LAW : NUMBER: 95 - S.2 /6 CIVIL TERM RENEE S. HESS, Defendant : IN DIVORCE NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 PA 17013 (717) 249 - 3166 By: JJ Sally J. finder Attorney for Plaintiff, MARK A. HESS 701 E. King Street Shippensburg, PA 17257 /P-« 9 10I?W?fPAw! y 9Ld nm 7I7JSJS-9676 MARK A. HESS, SR. : IN THE. COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs : CIVIL ACTION - LAW NUMBER: 29. 5-a 1,P CIVIL TERM RENEE S. HESS, IN DIVORCE Defendant COMPLAINT IN DIVORCE COMES NOW, the Plaintiff, MARK A. HESS, SR., by and through his counsel, Sally J. Winder, Esquire, and represents as follows: 1. Plaintiff is MARK A. HESS, SR., who currently resides at, and whose mailing address is, 2091 Rimer Highway, Carlisle, Cumberland County, Pennsylvania, since June 1994. 2. Defendant is RENEE S. HESS, who currently resides at, and whose mailing address is, 528 Third Street, Carlisle, Cumberland County, Pennsylvania, since February 1999, 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 10, 1993 in Carlisle, Cumberland C"r Cf. IM" M acw.vc% 9W PW County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. I'm-) 53'?-."7e 11 6. The marriage is irretrievably broken. 7. Plaintiff avers that he has been advised of the availability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who provide such counseling service is available at the Domestic Relations Office upon request. By the filing of this Complaint, the Plaintiff acknowledges having been advised by I; his attorney of record of the availability of counseling sessions and of a list of qualified i professionals. Plaintiff further avers that he has been advised that the choice of a qualified professional shall be at the option of the Plaintiff and Defendant and need not be selected from the list available upon request and, further, that arrangements for and the payment of the services of the qualified professional shall be the responsibility of the parties and will not be included in the docket costs of this proceeding. 8. Plaintiff requests the Court to enter a decree of divorce. Date: c26 I Sally I finder, Esquire Attorne for Plaintiff, MARK A. HESS 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 5'- /5Y - MARK A. HESS, SR I li. it A Cp l LL I, ?? ii: l7 U p? U L ,a o, MARK A. HESS, SR. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA vs : CIVIL ACTION - LAW RENEE S. HESS : NUMBER 99-5218 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Renee S. Hess, do acknowledge that I have received a true and correct copy of the Complaint in Divorce and Notice to Defend and Claim Rights in the above-captioned divorce and accept the service thereof on September 7, 1999. I verify that the statements made in this Acceptance of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Renee S. Hess SENDER: :CanpWe lbrtN l mNa 2 fu WNtlaW .eMCa.. pample 9. /e, anti eb. 'i ePAnl your ,un namN antl.ddiMe on IM nwne of We loon w eul we un return We ppmmA?to 1M frond at the nWlplou, or on the book H space dose not ==" svowiiatum Reoetpt RepueoW1m the melplece below tM article number. elhe Retu , Receipt wN Now to wham de, amide was delivered and the date d9livered. 3. Artide Addressed to: 4a. Article t P S4 NEE S. HESS 44, 1-191 ? Regit? SS 28 THIRD STREET P ? re CARLISLE PA 170Ir51 <r? •Qetu R ,1 ?y 7. Date of C J G_' o; ILL eceNed By. (Pdnf Name) l J 8. 1 1 is 8. Igrta re: (AddresseaorA ent) n X u PS Forth 38 , December 1994 1 also wish to receive the folWng services (for an extra fee): 1. ? Addressee's Address 2. §P Restricted Delivery Consult postmaster for fee. R mbar 2 sir; non E me 1 l?7 certifled leil ? Insured p pt for Merdtandse ? COD S I ery T ' Address'Only!lrequested W .._ ;. C-n MARK A. HESS, SR. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA vs : CIVIL ACTION - LAW RENEE S. HESS : NUMBER 99-5218 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on AUGUST 26, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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. 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. section 4904 relating to unswom falsification to authorities. Date: O [ i ' L' p REM E E S. HESS CV ." `• ? J U O U MARK A. HESS, SR. vs RENEE S. HESS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER 99-5218 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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. 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. section 4904 relating to unsworn falsification to authorities. Date: REN E S. HESS a, 1 r) ' S ern C\1 L .. a1 !J LL : ll_ l U MARK A. HESS, SR. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA vs : CIVIL ACTION - LAW RENEE S. HESS NUMBER 99-5218 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on AUGUST 26, 1999. 2. The marriage of Plaintiff and Defendant is iffetrievably broken and ninety days have elapsed from the date of filing 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. 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. section 4904 relating to unworn falsification to authorities. Date: /- O - 60 MARK A. HESS, SR. ]/` W 2 4 L. u ? .'I J , C 2- cJ v iJ MARK A. HESS, SR. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA vs : CIVIL ACTION - LAW RENEE S. HESS : NUMBER 99-5218 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE 1. I consent to the entry ofa 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. 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. section 4904 relating to unswom falsification to authorities. Date: /- -6Z MARK A. HESS, SR. ? a> i <? u _ ? . c?:- ? - -'' - 2 lid •` ? n cv ,_ S ' ?,_ ; _?. _ , _?- J q:' -?- r L It. ?? O U MARK HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5218 CIVIL TERM RENEE S. HESS, Defendant : IN DIVORCE NOTICE TO PLEAD TO: Mark Hess C/o Sally J. Winder, Esquire 701 East King Street Shippensburg, PA 17257 You are hereby notified to file a written response to the enclosed Answer and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted lD-1-9,11 Date TURD LAW OFFICES Lisa M. Greason, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant MARK HESS, Plaintiff V. RENEE S. HESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5218 CIVIL TERM IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, Renee S. Hess, by and through her counsel Lisa M. Greason, Esquire, and answers as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Defendant's address if 528 3" Street, Carlisle, Cumberland County, Pennsylvania, but it is denied that she has been there since February 1999. By way of further answer, Defendant has been there since April 1999. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Defendant is unaware of what Plaintiff acknowledges or believes. 8. Denied. This is a request and therefore does not require an answer of the Defendant. COUNTI COUNSEL FEES, EXPENSES AND COSTS 9. Paragraph 1 through 8 are incorporated herein by reference as if set forth in their full text. 10. Defendant is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 11. Plaintiff is presently employed and is receiving a substantial income and benefits and is able to pay for counsel fees, expenses and costs. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay for Plaintiffs counsel fees, expenses, and costs. COUNT 11 EQUITABLE DISTRIBUTION 12. Paragraph 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff and Defendant are joint owners of various items of personal property, household furnishings, vehicles and a mobile home acquired during their marriage, which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully Submitted TURD LAW OFFICES j'? Date Lisa M. Gr son, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Answer and Counterclaim 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. Dat Renee S. Hess c,, 1 5 1.11= 1 4% co; (n a. ? y O ? 0 ?Mp