HomeMy WebLinkAbout99-06684
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IN THE COURT OF
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STATE OF rAa
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DE13RA.K...HELLYER
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THOMAS P IIELLYER
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decreed that
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are divorced from the bonds of matrimony. 10
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 i9
been entered;
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Prothonotary
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IX
99- 6G16/
NIARRIAGr: SETTLEMENT AGREL"•MENT
'I'1IIS ACIIZEEMEN'I' made this _L day of »Li?
206, by and between DEBRA K. IIELLYER ("wile") of 1720 Centerville
Road, Newville. Pennsylvania 17241.
And
THOMAS P. HELLYER ("husband") of 1787 ItidLe Road. Gardners.
Pennsylvania 17324.
WITNESSETI I:
DAVID U. HUKII.I.
ATTORS[Y A i I Aw
WIIEREAS. the parties here to are husband and wife, having been
married on June 2. 1985 in Baltimore. Maryland. There were no children born
of this marriage; and
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of husband and wife to
live separate and apart for the rest oftheir natural lives, and the parties hereto are
desirous of settling fully and finally their respective financial and property rights
and obligations as between each other including, without limitation by
specification: the settling ofall matters between them relating to the ownership
and equitable distribution of real and personal property; the settling of all matters
between them relating to the past, present and future support, alimony and/or
maintenance of wife by husband or of husband by wife; and in general, the
settling of any and all claims and possible claims by one against the other or
against their respective estates.
NOW. THEREFORE, in consideration of the premises and mutual
promises, covenants and undertakings hereinafter set forth and for other good and
valuable consideration, receipt of which is hereby acknowledged by each of the
parties hereto, wife and husband, each intending to be legally bound hereby,
covenant and agree as follows:
1. INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of the Agreement are incorporated
herein and made a part hereof as if fully set forth in the body of the Agreement.
2. AGREEMENT NOT A BAR "1'0 DIVORCE PRECEEDINGS.
This Agreement shall not be considered to affect or bar the right of
Husband and wife to an absolute divorce on lawlul grounds if such grounds now
exist or shall hereafter exist or to such defense as made be available to either
party. This Agreement is not intended to condone and shall not be deemed to be
condonation on the part of either party hereto of any act or acts on the part of the
j other party which have occasioned the disputes or unhappy differences which
have occurred or may occur subsequent to the date hereto. The parties
acknowledge that their marriage is irretrievably broken and that they shall secure
a mutual consent no-fault divorce pursuant to the terms of Section 3301( c ) of the
Divorce Code in wife's Cumberland County divorce action docketed to number
99-6684 Civil Term. As soon as possible under the terms ofsaid Divorce Code
the parties shall execute and file all documents and papers, including affidavits of
consent, necessary to finalize said divorce.
3. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this
Agreement shall continue in fill force and effect after such time as a final Decree
in Divorce may be entered with respect to the parties.
4. AGRF.F.MENT TO BF INCORPORA'T'ED IN DIVORCE DECREE
The parties agree that the terms of the Agreement shall be incorporated
! into any Divorce Decree which may be entered with respect to them.
5. NON-MERGER.
It is the parties' intent that this Agreement does not merge with the
Divorce Decree, but rather, it continues to have independent contractual
1 significance and each party maintains their contractual remedies as well as court
remedies as the result ofthe aforesaid incorporation or as otherwise provided by
law or statute.
6. DATE OF EXECUTION
DAVID D. n U K n.i.
A 1JOHNEY AT IA%V
The "date ofexecution" or "execution date" of this Agreement shall be
defined as the date of execution by the party last executing this Agreement.
7. DISTRIBUTION DATE
The transfer of property, funds and /or documents provided for herein
shall only take place on the "distribution date" which shall be defined as the date
of execution of this Agreement unless otherwise specified herein.
8. ADVICE OF COUNSEL
This Agreement has been distributed to both parties and reviewed with
wile by her counsel, David D. llukill, Esquire. I iusband has declined
representation. 'they acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable and that it is being entered into freely and
voluntarily, alter having received such advice or declined such advice and with
such knowledge and that execution of this Agreement is not the result of any
duress or undue influence and that it is not the result of any collusion or improper
or illegal agreement or agreements.
9. FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial accuracy of the
financial disclosure of the other. as an inducement to the execution ofthis
Agreement.
10. DISCLOSURE AND WAIVER OF PROCEDURAL RIGH'T'S
Each party understands that her or she has the right to obtain from the
other party a complete inventory of list of all of the property that either or both
parties own at this time or owned as of the date of separation, and that each party
has the right to have all such property valued by means of appraisals or otherwise.
Both parties understand that they have the right to have a court hold hearing and
make decisions on matters covered by this Agreement. Both parties understand
that a court decision concerning the parties' respective rights and obligations
might be different from the provisions of this Agreement.
Each party hereby acknowledges that this Agreement is lair and equitable.
that it adequately provides for his or her needs and is in his or her best interests.
and that the Agreement not the result of any fraud, duress. or undue influence
exercised by either party upon the other or by any other person or persons upon
either party. Both parties hereby waive the following procedural rights:
a. The right to obtain an inventory and appraisement ofall
marital and non-marital property as defined by the
Pennsylvania Divorce Code.
b. 'file right to obtain an income and expense statement of the
other party as provided by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules
ol'Civil Procedure.
c. The right to have the court determine which property is marital
and which is non-martial, and equitably distribute between the
parties that property which the court determines to be marital,
ant to set aside to a party that property which the court
determines to be that parties' non-marital property.
f. The right to have the court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or
arising out of the marital relationship, including but not limited
to possible claims for divorce, child or spousal support,
alimony, alimony pcndente lite (temporary alimony), equitable
distribution, custody. visitation and counsel fees, costs and
DAVID D. nURU.I.
A FI ON %f Y A I I:%%k
expenses.
11. PERSONAL PROPER'T'Y
Husband and wile do hereby acknowledge that they have previously
divided their tangible personal property including, but without limitation, jewelry.
clothes, furniture, furnishings. rugs, carpets, house-hold equipment and
appliances. tools, pictures, books. works of art and other personal property and
hereafter wife agrees that all of the property in the possession of husband shall be
the sole and separate property of husband: and husband agrees that all of the
property in the possession of wife shall be the sole and separate property of wile.
The parties do hereby specifically waive, release, renounce and forever abandon
whatever claims, if any, he or she may have with respect to the above items which
shall become the sole and separate property of the other.
12. AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently or any
claim or right of the other. all property, tangible, real. personal or mixed, acquired
by him or her, with or without non-marital assets, since March T. 1999, with Fill
power in him or her to dispose of the same as fully and effectively. in all respects
and for all purposes, as though he or she were unmarried and each party hereby
waives, released, renounces and forever abandons any right, title, interest and
claim in and to said after aaluired property of the other party pursuant to the
terms of this paragraph.
11. DIVISION 01:VI:Ii1CLES
With respect to the vehicles owed by one or both of the parties. or the net
proceeds or valued derived from any prior sale or trade in thereof. they agree as
follows:
(a) Debra's car, a 1995 Chrysler Scabring. at separation shall be the sole
and exclusive property of wife.
(b) Tom's car. a company car, at separation shall be the sole and exclusive
property of husband.
The titles or lease agreements to said vehicles shall be executed by the
parties, ifappropriate, for effectuating transfer as herein provided on the date of
execution of this Agreement and said executed titles shall be delivered to the
proper party on the distribution date. For purposes of the Paragraph the term
"title" shall be deemed to include "power of attorney" if the title or lease
agreement to the vehicle is unavailable clue to financing arrangements or
otherwise. In the event any vehicle is subject to a lien or encumbrance the party
receiving said vehicle as his or her property shall take it subject to said lien and/or
encumbrance and shall be solely responsible therefor and said party further agrees
to indemnify, protect and save the other party harmless front said lien or
encumbrance. Each of the parties hereto does specifically waive, release,
renounce and forever abandon whatever right, title and interest he or she may
have in the vehicle(s) that shall become the sole and separate property of the other
pursuant to the terms of the Paragraph.
14. DIVISION OF REAL ES'T'ATE
'f'ile parties are the joint owners or a certain tract of improved real estate
known and numbered as 1730 Centerville Road. Newville. Pennsylvania, which
real estate is encumbered with a first mortgage owed to PSECU having an
approximate balance of $1 17,000.00. A second mortgage at Orstown Bank with
a balance of $1 1,000.00. Another mortgage at City Financial in the amount of
510.000.00.
It is the intentions of the parties to sell the marital residence and pursuant
to this it has been listed with GNIAC for sale at a price which has been currently
set at $159.000.00 based upon an outside appraisal. It is the understanding
husband and wife that a sale has not materialized due to the fact that; a adjoining
business. formerly owned by wife's family burned to the ground in August of
1997 and that the clean up of the site and its final disposition has been the subject
of litigation in the Court of Common Peas of Cwnberland County. By agreement.
husband has allowed wile to reside in the marital home in return for which wife
has and continues to pay the monthly mortgage payments.
Husband and wife agree that the asking price for residence will remain at
$159.000.00. and not reduced unless a sale fails to materialize at that price. and
that due diligence will be exercised in the sale of the properly for a figure that is
not less than the encumbrance on the property and costs of settlement. I lusband
DAVID D. nUKILL
ArutK%t Y nt rea
and wile lurther agree that. at sale. any equity which remains will be shared
equally between them or any def icit which might occur will be borne equal ly by
them with the clear understanding however, that no such agreement which would
result in a deficit tvill be entered into without the express written consent ol'both
parties as evidenced by a written sales agreement.
I lusband and wile shall promptly make, execute and deliver all documents
in the usual forms required to transfer their interests to a buyer.
15. EACH PAR'T'Y RETAINS OWN PENSION PLANS
Each of the parties does specifically waive, release, renounce and forever
abandon all of his or her right, title, interest or claim, whatever it may be, in any
Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan. Keogh Plan,
Stock Plan. "fax Deferred Savings Plan and/or any employee benefit plan of the
other party, whether acquired through said party's employment or otherwise, and
hereafter said Pension Plan. Retirement Plan, Savings plan, Tax Delarred Savings
Plan and/or any employee benefit plan shall become the sole and separate
property of the party in whose name or through whose employment said plan is
carried.
16. DIVISION OF BANK ACCOUNTS/STOCKPLIFE INSURANCE
The parties acknowledge and agree that they have previously divided to
their mutual satisfaction all of their bank accounts, certificates of deposit. IRA
accounts, bonds, shares of stock, investment plans and life insurance cash value
and hereafter wile agrees that all said bank accounts, certificates of deposit, IRA
accounts, bonds, shares of stock, investment plans and life insurance cash value in
the possession of husband shall become the sole and separate property of
husband; and husband agrees that all the said bank accounts. certificates of
deposit. IRA accounts, bonds, shares of stock, investment plans and life insurance
cash value in the possession of wife shall become the sole and separate property
of wife. Each of the parties does specifically waive, release, renounce and forever
abandon whatever right, title, interest or claim, her or she may have in any bank
account, certificates of deposit. IRA accounts, bonds, shares of stock. investment
plans and lite insurance cash value that is to become the sole and separate
property of the other pursuant to the terms hcreol.
17. MARITAL, DEBTS
During the course of the marriage the parties have amassed a variety of
marital debts and without the necessity of specifying the party who incurred said
debt or for which purpose the parties agree then any liability not disclosed in the
Agreement will be the sole responsibility of the party who has incurred or may
hereafter incur it, and each agrees to pay it as the same shall become due, and to
indemnify and hold time other party and his or her property harmless from any and
all such debts, obligations and liabilities. Prom time. date of execution ol'this
Agreement, each party shall use only those credit cards and accounts for which
that party is individually liable and the parties agree to cooperate in closing any
remaining accounts which provide forjoint liability.
18. WAIVER OF INHERITANCIs
Each ol'the parties hereto does specifically waive. release, renounce and
forever abandon any right, title. interest and claim. if any. either party may have
DAVID D. ImKILI.
At [OR SIT' At I. %tk
DAVID D. II UKn.I.
ATIORSrI'AT I.%\'
in and to any inheritance of any kind or nature whatsoever previously or in the
future received by the other party.
19. BANKRUPTCY
The parties hereby agree that the provisions of the Agreement shall not be
dischargeable in bankruptcy and expressly agree to reaffirm any and all
obligations contained herein. In the event a party liles such bankruptcy and
pursuant thereto obtains a discharge ofany obligations assumed hereunder, the
other party shall have the right to terminate the Agreement in which event the
division of the parties' marital assets and all other rights determined by this
Agreement shall be subject to court determination the same as if this Agreement
had never been entered into.
20. INCOME TAX PRIOR RI I'URNS
The parties have heretofbre filed joint federal and state returns. Both
parties agree that in the event any deficiency in federal, state or local income tax
is proposed, or any assessment of any such tax is made against either of them,
each will indemnify and hold harmless the other from and against any loss of
liability for any such tax deficiency or assessment therewith. Such tax, interest,
penalty or expense shall be paid solely and entirely by the individual who is
finally determined to be the cause of the misrepresentations or failures to disclose
the nature and extent of his or her separate income on the aforesaid joint returns.
21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY
The parties agree that the division of all property set forth in the
Agreement is equitable and in the event an action in divorce in commenced. both
parties relinquish the right to divide said property in any manner not consistent
with the terms set forth herein. It is further the intent, understanding and
agreement of the parties that this Agreement is a full, final. complete and
equitable property division.
22. WAIVER OP ALIMONY, ALIMONY PENDENTE LITE,
SPOUSAL SUPPORT. MAINTENANCE AND COSTS
The parties hereto agree and do hereby waive any right and/or claim they
may have, both now and in the future, against the other for alimony, alimony
pendente lite. spousal support, maintenance, counsel fees and costs.
23. PERSONAL. RIGHTS
Husband and wife may and shall, at all times hereafter, live separate and
apart. They shall be free from any control. restraint, interference or authority.
direct or indirect, by the other in all respects as fully as ifthey were unmarried.
They may reside at such place or places as they may select. Each may. I'or 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.
Husband and wife shall not molest, harass, disturb or malign each other or the
respective families ofeach other nor compel or attempt to compel the other to
cohabit or dwell by any means or in any manner whatsoever with him or her.
24. MUTUAL RELEASES
I lusband and wife each do hereby mutually remise, release, quitclaim and
forever discharge the other and the estate of such other, for all time to cdtne. and
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for all purposes whatsoever. from any and all rights, title and interests, or claims
in or against the property (including income and gain Isom property hereafer
accruing) of the other or against the estate of such other, of whatever nature and
wheresoever situate, which her or site now has or at any time hereafter may have
against such other. the estate ofsuch other or any part thereof; whether arising out
orally former acts, contracts, engagements or liabilities of such other or by way of
dower or curtsey, or claims in the nature of dower or curtsev or widow's or
widower's rights, family exemption or similar allowance, or under the interstate
laws, or the right to take against the spouse's %vill; 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)
the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the
United States, or (c) any other country. or any rights which either party may have
or at any, time hereafter have for past. present or future support or maintenance.
alimony, alimony pendenic life, counsel fees, equitable distribution. costs or
expenses, whether arising as a result of tite marital relation or otherwise. except,
and only except, all rights and agreements and obligations of what so ever nature
arising or which may arise under this Agreement or for the breach of any
provisions thereof. It is the intention of husband and wife to give to each other by
the execution of this Agreement a f ttl I, complete and general release with respect
to any and all property ofany kind or nature, real, personal or mixed, which the
other now owns or may hereafter acquire, except and only except all rights and
agreements and obligations of whatsoever nature arising or which may arise under
the Agreement or for the breach of ay, provisions thereof.
25. WAIVER Olt MODIFICATION TO 13E IN WRITING
No modification or waiver orally of the terms hereof shall be valid unless
in writing and signed by both parties and no waiver of any breach hereof or
default hereunder shall be deemed a waiver of any subsequent default of the same
or similar nature.
26. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and
all steps and execute. acknowledge and deliver to the other party, any and all
further instruments and/or document that the other party may reasonable require
for the purpose of giving fill force and cficct to the provisions of the Agreement.
27. INTEGRATION
This Agreement constitutes the entire understanding of the parties and
supersedes any and all prior agreements and negotiations between them. There are
no representations or warranties other than those expressly set forth herein.
28. NO WAIVER OF DEFAULT
"]'his Agreement shall remain in lull force and cficct unless and until
terminated under and pursuant of the terms of this Agreement. The faifure of
either party to insist upon strict perl'onrtanee ofany of the provisions of this
Agreement shall in no way affect the right of such party hereafter to enforce the
sane, nor shall the waiver of any subsequent default of the same or similar nature.
nor shall it be construed as waiver of strict performance of any other obligations
herein.
DAVID D. nUKILL
%rIOR%l 1'.\I I UP
"1. RREA('ll
If Ibr any reason either Inushand or wile mils to perform his or her
obligations hereunder In (lie other spouse. and the other spouse incurs tiny
expense thereby (including but not limited to legal Ices and costs) in enlbreing his
or her rights. the non-breaching party shall have the right. al his or her election. to
suc in law or in equity to enforce any rights and remedies which the party may
have and the spouse Who failed to perform the obligations agrees to indenmily the
other spouse and hold him or her harnfcss lit)n1 any and all such expenses.
30. SEVERABILITY
If any term, condition, clause or provision of this Agreement shall be
determined or declared to he void or invalid in law or otherwise, then only thin
term, condition, clause or provision shall be stricken front this Agreement and in
all other respects this Agreement shall he valid and continue in full force, effect
and operation. Likewise, file failure ofany party, to rncel his or her obligations
under any one or more of the paragraphs herein. With the exception ol'the
satisratction of the conditions precedent. shall in no way avoid or alter the
remaining obligations of the parties.
31. LAW OT' PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsvlvania.
32. I IEADINIGS TOT PART OF AGREENIFNT
Any headings preceding the text of the several paragraphs and
subparagraphs hereof. are inserted solely for convenience of reference and shall
not constitute a part of this Agreement nor shall they aMet its meaning.
construction or effect.
13Y SIGNING TI EIS AGREEMENT. EACI I PAR'T'Y ACKNOWLEDGE'S
I iAVING READ AND UNDF.RS'rOOD TI IF EN-TIRE AGRI-TMENT. AND
EACI I PARTY ACKNOWLEDGES TI IAT TI IL PROVISIONS OF TI IIS
AGREiNyIEN'I' SI TALI. BE AS BINDING UNON TI IE PARTIES AS IF'I'f IEl'
WEREORDEREDSYTIIF COUR-rAFTERAFULL.I1 ARING.
IN WITNESS WI IEREOF, the parties hereto have set their hands and
seals the day and year first above written.
WITNESS:
PL,
DEBRA K. IiL'LLYER ,
'I'1IOMAS P. 1IELI. 'I R
DAVID 1). IIUMI.I.
ATIOR?r1' \I I m
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COMMONWIiAL'I'l101: PE.N'NSYLVANIA
('01JN'I')' OI' ('(IIN1BERI.AN1)
Ss.
I -.
Ott this the T day of I` \O\ A , 2002, before n)e the undcrsignal
it officer, personally appeared. DEBRA K I If-? L1.YFR, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
ALreunent, and acknowledged that she exCCUted the sanw of the purposes therein
contained.
IN WITNI?SS WHEREOF. I hereunto set my hand and notarial seal.
Ii NOTARY_ PUBLIC
.:urt f ;
C_ m
L
j CONVIMONWEAU11101: PENNSYLVANIA
ss.
COUNTY OF Cll\9BERLAND
j On this the ,r. day of 1=' 1002. before me the undersigned
ol'liccr, personally appeare(. -1'I IOMAS P. I II:I.I.YER, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
Agreement, and acknowledLed that lie executed the same for the purposes therein
i contained.
!i
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
ifNOYI'AIZY PUBLIC'rlprgt7L;t sFli.
DAVID I). IIIIRII.I.
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A
IN THE COURT OF COMMON PLEAS
DEBRA K IIELLYER
Plaintif. I CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL DIVISION
TimIAS P IIELLYER CIVIL TERM
Defendant NO.99-0084
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce decree:
Ground for divorce:
Irretrievable breakdown under §3301(c)
(Strike out inapplicable section).
2. Date and manner of service of the complaint: yh t , ^
rerY' f'nd mail r nrn; l_?? T;?g.e C?@{
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code:
by plaintiff May 7 2002 ; by defendant PI1v 7 2002
(b) (1) Date of execution of the affidavit required by §3301(d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending:
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record,
copy of which is attached:
(b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the PtbtlsorUary:_' PIa 22, 2002
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary:
for Plaintiff / Defendant
DEBRA K. HELLYER,
Plaintiff,
VS.
I j
THOMAS P. HELLYER,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V 1 ---
1
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NO. 'Jr/.?,6 C% (?
CIVIL ACTION - LAW
DIVORCE
NOTICE TO DEFEND AND CLAIM 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 actionl
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 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 Courthouse, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTYi
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.
i
C1
CUMBERLAND COUNTY BAR ASSOCIATION
C 2 LIBERTY AVENUE
CARLISLE PA 1701.3
(717) 249 3166 or 1. 800 990 91.08
DAVID D. IIURILI.
All ORSI I'AI l..Aw i
DERBA K. HELLYER, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
Vs.
N0. `i9-66-1 `/ Ce'-'l l
THOMAS P. HELLYER,
CIVIL ACTION-LAW
Defendant, DIVORCE
COMPLAINT IN DIVORCE
AND NOW COMES the Plaintiff and alleges as follows:
COUNT I - DIVORCE
1. Plaintiff is DEBRA K. HELLYER,who currently resides at 1720
Centerville Road, Newville, Cumberland County, Pennsylvania 17241.
2. Defendant is Thomas P. Hellyer, who currently resides at
1787 Ridge Road, Gardners, Cumberland County, Pennsylvania 17324.
t
3. Plaintiff has been a bona fide resident of the Commonwealth of
Pennsylvania for at least six (6) months immediate) l
y previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on June 2, 1985,
in Baltimore, Maryland.
I
5. The parties separated on March 1, 1999.
i
6. There is no prior action for divorce brought by either party.
7. Neither Party is a member of the Armed Forces of the United!
,States or any of its allies.
8. The Plaintiff has been advised of the availability of
counseling and that either Party may compel the other by Order of
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Court to attend counseling sessions.
9. The marriage of the parties is irretrievably broken.
ve elapsed from the date of the filing of
. After ninety days ha
10
this Complaint, Plaintiff intends to file an affidavit under section
3301 (c) of the Divorce Code consenting to the divorce. Plaintiff
believes that Defendant may also file such an affidavit.
COUNT II-INDIGNITIES
11. The Plaintiff incorporates by reference Paragraphs 1 through
10 of the Complaint for Divorce as fully set forth herein.
12. In violation of his marriage vows and of the laws of this
Commonwealth, the Defendant has offered such indignities to the
person of the Plaintiff so as to render her condition intolerable and
her life burdensome.
13. This action is not collusive as defined by the appropriate
section of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests that this Honorable
Court enter a divorce pursuant to Sections 3301 (a) and (c) of the
Divorce Code.
COUNT III-EQUITABLE DISTRIBUTION
14. Plaintiff incorporated by reference Paragraphs 1 through 13 of
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i the complaint as fully set forth herein.
15. The parties have accumulated real property and personal
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property during their marital relationship before the aforesaid
separation.
WHEREFORE, Plaintiff requests that the Court enter an order,
dividing the parties' marital and non-marital property between them.
Respectfully submitted,
David D. Hukill, Esquire
265 Old Stone House Road
Carlisle, PA 17013
(717) 258-3737
Attorney ff 46101
Attorney for the Plaintiff
!;are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa C. S. Section 4904,
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relating to unsworn falsification to authorities.
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VERIFICATION
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I verify that the statements made in this Complaint
11-3- C1`\
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Debra K. Helly r, plain tiffs
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DEBRA K.HELLYER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.99-6684 Civil Term
THOMAS P. HELLYER, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
ii
I, DAVID D. HUKILL, ESQUIRE, do hereby certify that a true and
correct copy of the Complaint in Divorce was served upon the
Defendant by certified mail, return receipt requested, on the st-h
day of November 19 -2.? The original signed return receipt,
number Z 338 755 804 is attached hereto and made a part hereof.
Date: November 19, 1999
DA D D. HUKILL, ESQUIRE
'j 265 OLD STONEHOUSE ROAD
Carlisle, PA 17013
(717) 258-3737
Attorney for Plaintiff
DAVID D. iwtin.t.
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bIZNUtH: I also wish to receive the follow.
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O Pont your name and address an the reverse of this form so that wo can remm this
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DAVID D. HUKILL
ATTORNEY AT LAW
DEBRA K. HELLYER, IN TI IE COURT OF COMMON PLEAS OI'
Plaintiff CUMBERLAND COUN'T'Y, PENNSYLVANIA
Vs.
NO. 99-6634 Civil Term
THOMAS P. 1IL'•LLYER, CIVIL ACTION- LAW
Defendant. : DIVORCE
AFFIDAVIT OP CONSENT
AND ACKNOWLEDGMENT
1. A Complaint in Divorce under section 3301(c) of the Divorce Code was
filed on November 4. 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from filing the Complaint.
3. 1 consent to the entry of a final decree of divorce.
4. 1 understand that 1 may lose rights concerning alimony, division of property
lawyer's fees or expenses if I do not claim them before a divorce is granted.
5. 1 have been advised of the availability of marriage counseling. and do not
request that the Court require that my spouse and I participate in said counseling.
I verify that the statements made in this Affidavit are true and correct. 1
understand that false statements herein arc made subject to the penalties of 13 Pa.
C.S. S4904 relating to unswom falsification to authorities.
Dated: S-J -02-
Sworn and subscrTed to
before me this 11 day
of NV\0-?A X002
DAVID D. IIUKILL
ArIORSX) At LAP'
Public
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P..IJ@tdSCi't, Alciniy 1'tJ?lc
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DEBRA K. IIFLLYER.
PlaintilT .
Vs.
THOMAS P. IIELLYER
Defendant
IN "I'1IE COURT OI: C0%MMON PLEAS
CUibIBFRI.AND COUNTY. PENNSYLVANIA
NO. 99-6684 Civil Term
CIVIL ACTION - IN DIVORCE
WAIVER OF NOTICE: 01: INTENTION "1.0 REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301 OF "rl Ili DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
2. 1 understand That I may lose rights concerning alimony, division of propene, lawyer's fees
or expenses if f do not claim thorn before a divorce is g,,r"inted.
3. 1 understand that I will not be divorced until it divorce decree is entered by the Court and that
a copy ofthe decree will be sent to me inunediately after it is riled with the Prothonotary.
I verifv 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 fidsifncation to authorities.
DEBRA K. IIELLYER, 'laintirr
Dale: _? .
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DAVID 11. IIUKILL
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COVIMONWI:AL'1'I I OI' PI?NNSYI,V/%Nl?%
SS.
COUNTY OF CUMBERLAND
On this the day of i .2002. belitte me the undersigned
officer, personally appeared. DEBRA K 111s1- 1.Ylilt. known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
Agreement. and acknowledged that she executed the same of the purposes therein
contained.
IN WITNESS FYI IBRLOP. I hereunto set nay hand and notarial seal.
NOTARY PUBLIC
L'•rc cl td:::.':zric_!'w,;, ?ur.?ctdsr.! Ccusc;
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DAVID n. aaURaLL
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DEBRA K. FIELLYER. IN TI Ili COUR•1' OP CO?vlMON PLEAS OF
Plaintil•I. CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 99-6684 Civil 'l'ean
•I'I10MAS 1'. I IELLYI R. CIVIL ACTION- LAW
Defendant. DIVORCE
AFFIDAVIT OF CONSENT
AND ACKNOWLEDGMENT
1. A Complaint in Divorce under section "01(e) ol'the Divorce Code was
tiled on November 4. 1999.
2. The marriage of Plaintif7and Defendant is irretrievably broken and ninety (90)
days have elapsed from filing the Complaint.
3. 1 consent to the entry ofa final decree ofdivorce.
4. 1 understand that I may lose rights concerning alimony. division of property
lawyers fees or expenses if I do not claim them before a divorce is granted.
5. 1 have been advised of the availability of marriage counseling, and do not
request that the Court require that my spouse and I participate in said counseling.
I verify that the statements made in this Affidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. S4904 relating to unswom falsification to authorities.
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DAVID D. IIUF:I1-1.;
A PORSIV Ai I%%%.
Dated: 0.5 /D 7 /G 7
Sworn and subscribed to
befoe me this ?_ day
of .2002
Notary Public
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Defendant
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DEHRA K. 111:1 1.YER• IN TI Ili COURT OP COiNINION PLEAS
I'lamUf f CUMBERLAND COUNTY. PENNSYLVANIA
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Vs. NO. 99-6684 Civil Term
'I'IiOb1AS I'. I IIiLLYlilt CIVIL ACTION - IN Uf VORCf3
Defendant
WAIVER OP NO'1-ICE OF INTENTION TO REQUEST ENTRY
01' DIVORCE: DECREE UNDER SVC'I'ION 3301 01:-1.1It: DIVOILCE CODE:
I. I consent to the entry ofa final deerce ot'divorce without notice.
2. 1 understand that I may lose rights concerninc alimony. division of property. Inwyer's Ices
or expenses if I do not claim them belbre a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that
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a copy ofthe decree will be sent to me immediately alier it is filed with the Prothonotary.
verify that the statements made in this allidavil are true and correct. I understand that f Ilse
statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to
unsw•ont falsification to authorities.
'I'IIOMAS P. I IELLYIiI Defcndilht
Dale: 0
DAVID 1). IIUKILL
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CONIMONVI?Al,1'11 OI,'PHNNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this the clay ol, I' •?( Io 3002, before me the undersigned
of7icer, personally appeared. THOMAS P. IIELLYER, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
Agreement, and acknowledged that she executed the same of 'the purposes therein
contained.
IN WITNESS WIiERHOF. I hereunto set my hand and notarial seal.
NO'T'ARY PUBLIC`.
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