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HomeMy WebLinkAbout99-06870 a z 4L 1 r ip A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KAREN S. HEILMAN Plaintiff NO. VERSUS Joel A. Heilman Defendant DECREE I N DIVORCE AND NOW, Jfly lrtti ZZ=? ZO07 . IT IS ORDERED AND DECREED THAT Karen S. PLAINTIFF, AND Joel A. Heilman DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOViiNG CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The terms of the Property and Settlement Agreement are incorporated but not merged into this Decree in Divorce. BY THE COURT: /? 1 ATTF_ST. PROTHONOTARY 99-6870 /"--V i0 -.l 'O ' lTi? lu : tvr-:.f?! r ?_1f-a?r>:. LAW OFT-ICES SAIDIS, SHUFF, FLOWER & LINDSAY 26 W. IIIGII STRELT 2101) SIARKI-.r MtELT CARLISLE. PA 17013 CA61P HILL. PA 17011 -PHONE 17171243-6222 PHONE 17171737-3403 CEWFIFInu COPY., KAREN S. HEILMAN, Plaintiff/Respondent VS. JOEL A. HEILMAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 99 - 6870 CIVIL TERM : IN CUSTODY PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this day of 2003, between JOEL A. HEILMAN, of 420 Neely Road, Newville, Cumberland County, Pennsylvania, hereinafter referred to as Husband, and KAREN S. HEILMAN, of Newville, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on September 26,1992; and R.2: The parties hereto desire to settle fully and finally their respective financial SAIDIS SHUFF, FLOWER & LINDSAY ATr0RNUS-AT•1AW 26 W. Iligh Street Carlisle, PA and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, R3: The parties also desire to settle their issues of custody of their minor child, Taylor Jordan Heilman, born May 18, 1996 by Custody Agreement entered the same day as the date of this Agreement, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties are the owners of certain real estate with SAIDIS SNUFF, FLOWER & LINDSAY ATMRSF.YSNT•1XV ?! W. nigh Street Carlisle. PA improvements thereon erected and known and numbered as 420 Nealy Road, Newville, Cumberland County, Pennsylvania. Wife agrees within thirty (30) days of the date of this Agreement that she shall convey the real estate with improvements thereon erected at 420 Nealy Road, Cumberland County, Pennsylvania to Husband by special warranty deed. Said deed shall be held in escrow by Wife's attorney until such time as the affidavits of consent have been executed. Husband shall pay for all ..:.a-:?-: _?::a:-??;r.,v:?c-?abarrasm'?zci°-°-•-.???^,..??la? household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify Wife from any loss thereon. Within five (5) years of the date of this Agreement, Husband shall either refinance the marital home so that Wife is no longer liable on the mortgage, or he shall sell the property, in which case, he shall see to it that the mortgage is satisfied and he shall retain any proceeds of sale. Husband indemnifies and holds Wife harmless on account of failure to sale the house for a sum sufficient to pay the mortgage thereon. (4) DEBT: A: Marital Debt: The marital debt incurred by the parties has been paid with the exception of the mortgage on the marital home. Each party warrants that there is no joint debt for which the other might be liable, or which he or she has knowledge. B: Post Separation Debt: In the event that either party contracted or incurred SAIDIS SNUFF, FLOWER & LINDSAY ATr0R1EYS•AT•IAVV 26 IV. High Street Carlisle, PA any debt since the date of separation on November 4, 1999, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Wife shall retain the 1989 Buick Skylark and Husband has retained and sold the 1990 Chevrolet pickup, the obligation for the purchase of which has been paid off. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes SAIDIS SHUFF, FLOWER & LINDSAY dTTOR.NEVS•Ai•IAW 26 w. nigh slrect Carlisle. PA any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Husband waives any interest he has in the only retirement asset of the parties, Wife's Pennsylvania State Employes Retirement System Pension. (8) CUSTODY OF CHILD: Custody of the parties child is controlled by an Agreement of the parties executed the same day as this Property Settlement and Separation Agreement which the parties agree may be entered as an Order of Court !I SAIDIS SHUFF, FLOWER & LINDSAY ATMRNR 26 W. High Street Carlisle, PA filed to the No. 99-6870 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania. (9) CHILD SUPPORT: Husband shall pay to Wife for the use, benefit, support and maintenance of their minor child, the sum of $150.00 per month which shall be applied to the daycare expenses for the child so long as daycare is required for the child. At that time, $150.00 per month shall be paid to Wife for the care of the minor child until the child is 18 years old. Wife shall provide health insurance for the child through her employment. Husband shall provide personal items for the child from time to time as requested and as he can afford. The parties acknowledge that if Wife sought child support, Husband would be obliged to pay it in an amount in excess of $150.00 per month. Wife agrees that she shall not seek child support through the Office of Domestic Relations. This Agreement as to child support is bargained for between the parties and is entered in consideration of Wife's receipt of significantly more marital assets than Husband receives, despite the fact that Husband's income is approximately two-thirds of Wife's. Furthermore, in the event that Wife asserts the child's right to support, and Husband is obliged to pay child support in an amount in excess of $150.00 per month, Wife will pay to Husband alimony in an amount equal to the difference between the child support charged to Husband and $150.00 per month. Such alimony shall commence on the same day as the date of Husband's child support obligation as Court ordered. The parties have been advised by their counsel that the present state of the law is that the parties cannot compromise away their child's right to support. i i, r i Nevertheless, the parties wish to make the agreement set out in this Property Settlement and Separation Agreement with regard to child support and, in consideration for Husband's willingness for Wife to have more than half the marital estate, despite his lower income, and the waiver of alimony set out in the paragraph below. (10) ALIMONY: Wife agrees to pay to Husband alimony in the sum of One ($1.00) Dollar per month commencing the date of this Agreement and continuing in equal amounts on the same day of each subsequent month. Provided, however, that Husband shall not collect that alimony from Wife unless and until Wife seeks child support in excess to the monthly amount agreed to by the parties in Paragraph 9, at which time the alimony shall be as described in the paragraph previous. (11) ADVICE OF COUNSEL: The parties hereto acknowledge that each has SAIDIS SHUFF, FLOWER & LINDSAY MRNEVS•AT- V 26 W. Iligh Strecl CMISIC, PA been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Carol J. Lindsay, Esquire, and Wife is represented by Mary Kennedy, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: M: SAIDIS SNUFF, FLOWER & LINDSAY ATT00.9F.15•AT•Idll' L W. High Surer Carlisle, PA The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection 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. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. 1-.la (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party SAIDIS SHHFF, FLOWER & LINDSAY 7T R%T1'S•AT•11.61' 26 1V. Iligh Street cldi9e, PA hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente life, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, j i i I' I' ,i representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a SAIDIS SNUFF, FLOWER & LINDSAY ATttIRRF.1'S•AT•IA0.' 26 W. Iligh Streel Carlisle, PA deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) BREACH: In the event that either party breaches any provision of this SAIDIS SHUFF, FLOWER & LINDSAY AIIIIRSFI'S•ATIAW 26 %V. 111gh Street Orusle, PA Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound SAIDIS SHUFF, FLOWER & LINDSAY A=RNT.YS•AY•LAW 26 W. 111911 SINN Carllste, PA have hereunto set their hands and seals the day and year first written above. WITNESS: A Joel A. Heilman &1-11 -X)- 8-i.? Karen S. Heilman KAREN S. HEILMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW NO. 99 - 6870 CIVIL TERM JOEL A. HEILMAN, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD i. j; To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 3304 )M i` of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Defendant was served via Acceptance of Service signed by Carol J. Lindsay, Attorney for the Defendant, on November 27, 1999. A Certificate of Service was filed at the above-referenced Docket Number indicating ii same. 3. (Complete either paragraph (a) or (b)). l (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff September 19, 2003; by the Defendant September 19, 2003. Date of filing of j Plaintiff's and the Defendant's Affidavits of Consent: October 17, j 2003. I' 4. Related claims pending: Resolved by Marital Property Settlement and li Separation Agreement 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was executed: September 19, 2003; Date Plaintiff's Waiver of Notice ?j in 3301(c) Divorce was filed with the Prothonotary: October 17, SAIDIS 2003. SHUFF, FLOWER j! A LINDSAY Date Defendant's Waiver of Notice in 3301(c) Divorce was executed: 77. iIfighStreei eii 26 W. m?;?? Street September 19, 2003. Date Defendant's Waiver of Notice in 3301(c) ze c.vuar. PA Divorce was filed with the Prothonotary: Octob r "17 2003. i Carol J. Lindsay, Es ire Saidis, Shuff, Flower Lindsay 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff 'i ii ii 16e?!'al?E9 ... Zia`JF.k?ffiZY9! '..-?Y;:h',>GLN._YJY_pit!?•:u':C-'..:^r'4rL??l?.^1^.'2L'G'?"' Au ,. _._ . _?:._ _.-YC'... KAREN S. HEILMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. q9 _ / tG (? l6 ?j? JOEL A. HEILMAN, II, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this \_ day of 11.`C \1?1C C , 1999, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before - f1c?' I ?E the conciliator, at -'?,9 i, H a\,:-\ Z?Iy, . trfn 1 Q? on the day of JCf-?Y- .N -i??at o'clock (?.m. for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court: t ??m .1X, s?lI na?t_ la? Custody Conciliator C X71 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF 1'OU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT W11 ERE YOU CAN GET LEGAL IIELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 99"''! i'itlG ?S //.,;22 -y, I??ZCc? Rr2?/ti</ n?I ll3 /f-t?L?L?I??? F.11ALAN, IN TI Ili COURT OI COMMON PI.GAS 01' I'laintitl' C1 SIB KAND COUNTY, PI:NNSYIXANIA NO 'P;- 6 J,10 etL?t` IAIAN, II. CIVIL ACTION - LAW Defendant IN DIVORCI: COMPLAIN"I' IN UIyol I NOW comes the Plaintiff, KARFA S I IFALiMAN, by and through her counsel, Kollas and Kcnnedy and respecttidk represcnts as Mow in support of the within Complaint: I Plaintiff is Karen S I IeiIntan, itn adult imliridual CUt7entIv resi(I in_U at an undisclosed address in order to protect her saleta and weltiuC Plaintill-s SOCial Security Number is 211-53- 9947 1 Defendant is .loel A I leilntan. an adult individual currently residing at 430 Nealy Road, Newville. PA 17025 Delandam's SOCII SCCmlly Nunilicr is 172-60-9759. Plaintithand Defendant have been hona fide residents in the Commonwealth of I'cnnsykania Rn at least six (6) months immediately previous to the filing of this COmplaint -I Plaintitl'and Defendant were married on September 21 1991 in Newville, Pcnnsvlvania. 5 There have been no prior actions ol'divorce Or tim' annulment between the parties. (i. 1'laimitl'has been advised that counscfimu is available and that I'laintifllnay have the right to request that the court require the parties to participate in counseling. 7 PlainOTand Delcndmu arc both citizens ofthe United States COUNT I - DIVORCE PURSUANT TO §3301(c) OR_(d) OFTHE DIVORCE, CODE 8. Paragraphs I through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. The marriage of the parties is irretrievably broken. COUNT II - FAULT DIVORCE PURSUANT TO 3301 (a)(3) R (a)(_6) OF THE DIVORCE ODE. 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Defendant by cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse. 12. Defendant offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome. COUNT III REOIJEST FOR EQUITABLE DISTRIBUTION PURSUANT TO SECTION 3502 OF TIIE DIVORCE ODE 13. Paragraphs I through 12 are incorporated herein by reference as though set forth in full below. 14. Plaintiff requests this Honorable Court to equitably divide, distribute or assign marital property between the parties and to assign the marital debts of the parties without regard to marital misconduct in suci; proportions as the Court deems just after consideration of all relevant factors. COIfNT IV ALINIONY AI IA'IONY PFNDFNTF LITF COUNSIFL. FEES AND COSTS 15. Paragraphs I through 14 are incorporated herein by reference as though set forth in full below. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. I S. Defendant has assets which have not yet been ascertained. 19. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is unable to sustain herself during the course of this litigation. COUNT V- USTODV 21. Paragraphs I through 20 of this Complaint are incorporated herein by reference as though set forth in full. 22. A minor child has been born to the marriage between Plaintiff, nd Defendant: 3 (a) A Daughter, Taylor Jordan Heilman, was born on May 18, 1996. 23. The child is presently in the custody of Plaintiff. 24. In the past five years, Taylor Jordan Heilman has resided with the following persons and at the following addresses: Karen Heilman and Joel Heilman, II Karen Heilman 420 Nealy Road Newville, PA 17241 Undisclosed address 25. Plaintiff is aware of no pending custody proceeding concerning the child in a court of this Commonwealth. 26. The Plaintiff seeks primary physical and shared legal custody of the child, Taylor Jordan Heilman, with partial physical custody in the form of visitation to the Defendant. 27. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff has maintained the role of primary caregiver to the child, and attends solely to the daily needs of the child. (b) Plaintiff is more likely to facilitate a relationship between the other parent and the child. (c) Plaintiff can provide a nurturing, stable, and loving environment for the child. COUNT VI - REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE 28. Paragraphs 1 through 27 ofthis Complaint are incorporated herein by reference as though set forth in full. 29. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 30. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is willing to negotiate a fair and reasonable settlement of all matters with Defendant and is hopeful that Defendant may also be willing to enter into a marital settlement agreement. 31. To the extent that a written settlement agreement might be entered into between the parties, Plaintiffdesires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, the Plaintiffprays that Judgment and Decree be entered as follows: (a) As to Count 1, that a decree be entered divorcing Plaintiff from the bonds of matrimony with the Defendant pursuant to 23 Pa.C.S. Section 3301 (c) or (d); and (b) As to Count It, that a decree be entered divorcing Plaintiff from the bonds of matrimony with the Defendant pursuant to 23 Pa.C.S. Section 3301 (a)(3) or (a)(6); and (c) As to Count 111, that an Order be entered equitably distributing property of the marriage; and (d) As to Count IV, that your 1-Ionorable Court enter an award of Alimony Pendente Lite, interim counsel fees and costs followed by a hearing and final award of Alimony, cost and fees as deemed appropriate; and 5 As to Count V, that primary physical and shared legal custody of the minor child be granted to Plaintill, and (0 As to Count VI, that any settlement agreement reached between the parties be incorporated but not merged into the decree in divorce. RESPL-.CTI'ULLY SU3Nli, rED, I a?ry KEll s cnnedy, Esgwrc KOLL:?S AiQD IhGNNGDI' I.D. No. 69246 1104 Fernwood Avenue, Suite 104 Camp Mill, Pennsylvania 17011 Telephone: (717) 731-1600 ATTORNEY FOR PLAINTIFF DATE: t 1 5 1`? _ 6 II ae KAREN S. HEILMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. JOEL A. HEILMAN, 11, CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION I, KAREN S. HEILMAN, verity that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of IS Pa. C.S.A. 4904, relating to unsworn falsification to authorities. By: l L?ti ?S ?! cc C7Y? a Karen S. Heilman DATE: 7 \ 161 On KAREN S. HEILMAN, Plaintitr V. JOEL A. 1IEILMAN, 11, Defendant IN TI-IE COURT OP COMNION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6970 CIVIL CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE 1, CAROL LINDSAY, of Plower, Plower & Lindsay accept service of the COMPLAINT IN DIVORCE along with an ORDER OF COURT setting a date and time for a pre-hearing custody conference and certify that I am authorized to do so as counsel for Defendant. CAROL LTN St" Flower. iFlow r&I I I East Flig t Street Carlisle, PA 17013 1- Date: ?? . ?_.' 7 _ T ? Ci- - -_ . ' - ^` ( , J , - ? 1/ l . fr r ?:! ..-? r.? _ ?%-' U KAREN S. HEILMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NO. 99 - 6870 CIVIL TERM JOEL A. HEILMAN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Karen S. Heilman, Defendant Date: 9-8-C3 SAIDIS SHUFF, FLOWER & LINDSAY ATTORKEIS•AT•LAN' 26 IV. Ifigh Street Carlisle, PA s Lo i? KAREN S. HEILMAN, Plaintiff VS. JOEL A. HEILMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 6870 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST_ ENTRY OF A DIVORCE DECREE UNDER 13301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. SAIDIS SHUFF, FLOWER & LINDSAY ATT0R%TV5•At.1,%W 26 W. High Street Carlisle. PA 2. 1 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. 1 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. /mar Ile" P? Karen S. Heilman, Plaintiff Date: / -/ g () 3 . .. .. .. r..----r?.? :-y..?r,w?r,?y?-,Svrearmos Ci KAREN S. HEILMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW NO. 99 - 6870 CIVIL TERM JOEL A. HEILMAN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fled on 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. D 4- 14?? 'Joel A. Heilman, Defendant Date: 9-19-03 SAIDIS SHUFF, FLOWER & LINDSAY ATORNF.YSANAIV 16 %V. Iligh Sneer Carlisle, PA KAREN S. HEILMAN, Plaintiff VS. JOEL A. HEILMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 6870 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST_ ENTRY OF A DIVORCE DECREE UNDER 13301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. SAIDIS SHUFF, FLOWER A LINDSAY A=11NEYS•AT4IAW 26 W. IUgh Street CM1151e. PA 2. 1 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. 1 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Joel A. Heilman, Defendant Date: 9 _ /?- 0 3 r £OOZ J l 130 heilman slip of part for ord Ijb November 15, 1999 - - , KAREN S. HEILMAN, Plaintiff/Respondent vs. JOEL A. HEILMAN, Defendant/Petitioner AND now this L7' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - (, ; -/I CIVIL TERM IN CUSTODY ORDER OF COURT day of D«? 1999, upon consideration of the within Stipulation of the Parties for Temporary order, the terms of said Stipulation are hereby made an Order of Court. By the Court, I J. -Co fic.e,a) ,?,yL?' eol ?a-a7 -99 RK5 cc, Mary Kollas Kennedy, Esquire Carol J. Lindsay, Esquire ??@ld:5_, i_ n 2" ,mq!.+e??.;7vx'.Mr?=YtS.r?_.,_zc^:.-lt ??^-^«^...T--?- -._ ? heilman slip of part for ord tjb December 7. 1999 KAREN S. HEILMAN, PlaintifflRespondent VS. JOEL A. HEILMAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - i t - jl, CIVIL TERM IN CUSTODY STIPULATION OF THE PARTIES FOR TEMPORARY ORDER The parties hereto Stipulation as follows: 1. They are Joel A. Heilman, of 420 Nealy Road, Newville, Cumberland County Pennsylvania, hereinafter Father; and Karen S. Heilman, of 32 Glebe Avenue, Newville, Cumberland County, Pennsylvania, hereinafter Mother. 2. They are the parents of Taylor J. Heilman, born May 18, 1996. 3. The parties were married on September 26, 1992, and separated on or about November 4, 1999. 4. Mother filed a Complaint for Custody. 5. Pending the conciliation, further Order of Court, or a hearing on the matter, the parties will share legal and physical custody of the child. Physical custody will be shared on an alternating week schedule, with the child spending a full week with each parent, the time for exchange being 6:00 on Sunday evening. 6. Each party will have an equal amount of time with the child on Thanksgiving, the configuration of that time to be determined by the parties taking into account the child's best c ?. f, ....I interest. heilman slip of part for ord. lib November 30, 1999 7. Father shall have physical custody of the child from 8:00 p.m. on Christmas Eve till 10:06A Christmas day, and Mother shall have custody of the child fromt$ tWt Christmas Day till 8:00 p.m. on Christmas day. 8. The parties will continue the child with her daycare provider, Joanne Burkholder. g. In the event that one party cannot personally provide care for the child during his or her period of primary physical custody, he or she will provide the other parent with the first opportunity to provide care before using a family member, babysitter, or any other person. 10. The parties agree that this Stipulation be entered as an Order of Court. WITNESS: t/f?41(L? ?' Vl/i ivlc 4CA A ? Heilman, Father Date: y ` Karen S. Hellman, Mother Date: 1 ?_ ?(a-C-I. ? a- .H v ? a ?,,.. ??., KAREN S. HEILMAN, Plaintiff VS. JOEL A. HEILMAN, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-6870 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT 2000, upon AND NOW, this i3 - day of \?y w, Report, it is ordered consideration of the attached custody Conciliation and directed as follows: 1. The Mother, Karen S. Heilman, and the Father, Joel A. Heilman, II, shall have shared legal custody of Taylor Jordan Heilman, born may 18, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The parties shall share having physical custody of the Child in accordance with the following schedule: The Mother shall have custody of the Child during alternating weeks from Sunday at 6:00 p.m. through Saturday at 8:00 p.m. The Father shall have custody of the Child during alternating weeks from Saturday at 8:00 p.m. through Sunday at 6:00 p.m. During the other party's regular week of custody, the non-custodial parent may have custody of the Child on Tuesday and Thursday (or other weekday agreed upon between the parties) from after work until 8:00 p.m. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Father shall have custody of the Child from Christmas Eve at 8:00 p.m. through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. B. THANKSGIVING: In every year, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. The Father shall be entitled to have a 2 hour period of custody with the Child on Thanksgiving Day at times arranged by agreement of the parties. C. FASTER: The parties shall have custody of the Child on Easter in accordance with the regular custody schedule. i D. ALTERNATING HOLIDAYS: The Mother shall have custody of the Child on New Years Day and July 4th in odd numbered years and on Memorial Day and Labor Day in even numbered years. The Father shall have custody of the child on New Years Day and July 4th in even numbered years and on Memorial Day and Labor Day in odd numbered years. The specific times for exchanges of custody on the holidays shall be arranged by agreement between the parties. E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 12:00 noon until 8:00 P.M. The Father shall have custody of the Child every day on Father's Day in accordance with the regular custody schedule. 4. Each party shall be entitled to have uninterrupted custody with the Child for 2 non-consecutive weeks during each summer vacation upon providing 30 days advance notice to the other party. The Mother shall be entitled to have 2 full seven day weeks under this provision. Both parties shall schedule their periods of custody under this provision during his or her regular weekly periods of custody. Each party shall provide the other party with the address and telephone number where the Child can be reached if that party takes the Child away on vacation. 5. The party receiving custody shall be responsible to provide transportation for the exchange of custody, with the exception of the regular weekday evening periods of custody, for which the party exercising his or her right to custody shall be responsible to provide transportation for both exchanges. 6. The parties agree that the Child shall be in bed by 9:00 p.m. when she is going to the babysitter the following morning. 7. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Diary Kollas Kennedy, Esquire - Couns for Piother Carol J. Lindsay, Esquire - Counsel for Father 1'13'0Q R)S KAREN S. HEILMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-6870 CIVIL TERM JOEL A. HEILMAN, II CIVIL ACTION - LAW Defendant CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Jordan Heilman May 18, 1996 Mother 2. A Conciliation Conference was held on January 4, 2000, with the following individuals in attendance: The Mother, Karen S. Heilman, with her counsel, Mary Kollas Kennedy, Esquire, and the Father, Joel A. Heilman, II, with his counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. -l?G!'. L, Caa.-. S, ?U06 / ?C. ?r???GV.-?GCL?Gy Date Dawn` S. Sunday, Esquire Custody Conciliator heilman stip of part for ord tib March 3, 2000 KAREN S. HEILMAN, Plaintiff vs. JOEL A. HEILMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 6870 CIVIL TERM IN CUSTODY Defendant ORDER OF COURT AND now this day of - -i v? L cc, 2000, upon consideration of the within Stipulation of the Parties, the terms of said Stipulation are hereby made an Order of Court. By the Court, A. cc: Mary Kollas Kennedy, Esquire Carol J. Lindsay, Esquire J. _'l ? '.. . ? . heilman order of court for emergency relief fib January 21, 2000 KAREN S. HEILMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JOEL A. HEILMAN, Defendant CIVIL ACTION - LAW NO. 99-6870 CIVIL TERM IN CUSTODY STIPULATION OF THE PARTIES The parties hereto stipulate as follows: 1. They are the parents of a child, Taylor Jordan Heilman, born May 18, 1996. 2. On December 27, 1999, this Honorable Court entered the Stipulation of the Parties as a temporary Order. 3. On January 13, 2000, this Honorable Court entered an Order of Court after conciliation and upon the agreement of the parties. 4. The parties desire to amend the Court's Order of January 13, 2000 to add two provisions of the December 27, 1999 Order as follows: A. The parties will continue the child with her daycare provider, Joanne Burkholder. B. In the event that one party cannot personally provide care for the child during his or her period of physical custody, he or she will provide the other parent with the first opportunity to provide care before using a family member, babysitter or any other person. 5. The parties desire that the terms of this Stipulation be entered as an Order of Court. WITNESS: .r Joel A. Heilman, Father Date: Karen S. Heilman, Mother Date: ?f "'/- (?: ?s heilman slip of part for ord tjb March 3, 2000 KAREN S. HEILMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 6870 CIVIL TERM JOEL A. HEILMAN, Defendant : IN CUSTODY CERTIFICATE OF SERVICE AND now, this day of 2000, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, FLOWER & LINDSAY, P.C., Attorneys, hereby certify that I served the within Stipulation of the Parties this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Mary Kollas Kennedy, Esquire 1104 Fernwood Avenue Suite 104 Camp Hill, PA 17011 FLOWER, FLOWER & LINDSAY Attorneys for Defendant By: Carol J. Lindsay, Esquire I D # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 .. ?..xn?, w??£w!S:l.GN?f.AWM'.•1.1n?_Y.: ?`L'?f??1'13^?"1.?3.^_G•.-...- .. •?, _ •.. ?-. ?„ -` -- ?, _, .. ,_; ' ;: -- <a; ;. ?,- .._ ?- v =; v IN TIE COURT OF conlmlON PI.I AS OF CUnn3FaiLAND COUNTY. l>rNNSYLVANIA CIVIL ACTION - LAW Kc??e? J 41c?t\,,,a? Plaintiff : FILE NO. C96r, VS. IN DIVORCG :Soe A. ? ;21 cz n Defendant NOTICE: TO RIiSU:\lE PRIOR SURNAME, 20 Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the "d day of 060bey- o?C3, hereby elects to restunc the prior sumante of KCt?eel S. ff)\ r le f and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: IC)-31 -03 Signature Signature of name being csumed COMMONWE-AUITI OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On the J) S? day of 2003 , before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. CCc,crr:_ ;; Notary Public - --- -- ,:OTATA, SEAL :.',UtJ..A B! ABAKER, NOTARY PUBLIC Car!s,e Bor:,. CUmnEnana County 'dyCum^:ssrouE.;ruesEGriI d. 2005 !r O F. ni L ?? 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