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HomeMy WebLinkAbout03-5230 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - FAMILY DIVISION LINDA I. HILDABRAND, : NO. Plaintiff : : VS. : KARL R. HILDABRAND, : Defendant : 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 action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or Annulment may be entered against you by the Count. A .ludgment may also be entered against you for any other claim or relief requested in these papers by Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your. When the grounds 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 Of'rice of the Prothonotary at Room 104 of the Lebanon City/County Municipal Building, 400 South Eighth Street, Lebanon, Pennsylvania 17042. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'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. MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 Telephone (717) 243-9400 TO THE PROTHONOTARY Of CUMBERLAND COUNTY: Please enter my appearance for Plaintiff in the above-captioned case. REILLY, WOLFSON, SHEFFEY, SC~.~ LLP By: Loren A. Schrum - I.D. #28039 Attorney for Plaintiff 1601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - FAMILY DIVISION LINDA I. HTLDABRAND, : NO. O ~ - _~,,2.~O ~/~;c~;(E-"~'--~_,,.&~ Plaintiff : VS. ' : KARL R. HILDABRAND, : Defendant : COMPLAINT IN DIVORCE AND NOW, TO WIT, this ~:Zz)'r~ day of ~x~'~¢r , A.D., 2003, comes Plaintiff, by and through her attorneys, REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP, and makes the following statement: 1. Plaintiff is Linda I. Hildebrand, who currently resides at 2A Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania, since December, 2002. 2. Defendant is Karl R. Hildebrand, who currently resides at 506 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania, for more than six months. COUNTI 3. Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six (6) months and immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 16, 2001, at Annville, Lebanon County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 2 8. Plaintiff requests the Court to enter a Decree of Divorce from the bonds of marriage. 9. Tn the alternative, Plaintiff avers that Defendant did offer such indignities to the person of Plaintiff as to render her condition intolerable and her life burdensome. COUNT I! 10. Plaintiff requests the Court to make a determination of property rights and equitable distribution of property between the parties hereto. ! verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated Linda [. Hildabrand, Plaintiff REILLY, WOLFSON, SHEFFEY, $CHRUIyl & LUNDBERG LLP LOREN A. SCHRUM - I.D. #28039 Attorney for Plaintiff 601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - FAMILY DIVISION LINDAI. HILDABRAND, : No. 03-5230 Plaintiff : : VS. : : KARL R. HILDABRAND, : Defendant : AFFIDAVIT OF SERVICE BY MAIl COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF LEBANON : I, MAUREEN E. BRUBAKER, Employee in the law firm of Reilly, Wolfson, Sheffey, Schrum and Lundberg LLP, being duly sworn accordin, g to law, depose and say that I mailed a true and correct copy of the Complaint in Divorce, to Karl R. Hildabrand, Defendant, at 506 Alison Avenue, Mechaniicsburg, PA 17055, Certified Mail No. 7002 2030 0002 7645 2802, Return Receipt Requested, Restricted Delivery, on October 8, 2003, with the correct postage affixed thereto; said Complaint was received on October11,2003, as evidenced by the attached return receipt. ~I~AUREEN E. B~,UBAKER~'~ Sworn to and subscribed before me this ~ day of ~, A.D.,2003 IN THE COURT OF COMMON PLEAS OF CUMBER]kiND COUNTY, PENNSYLVANIA CIVIL ACTION - FAMILY DMSION LINDA I. HILDABRAND, : No. 03-5230 Plaintiff : VS. KARL R. HILDABRAND, : Defendant : AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 2, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~I i~a~. HSd~abrand~~ Dated: Q-/3-D? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - FAMILY DM$ION LINDA I. HILDABRAND, : No. 03-5230 Plaintiff : : KARL R. HILDABRAND, : Defendant : WAIVER OF NOTICE OF INTENEHON TO REQUEST ENTRY OF A DIVORCE: DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce va'thout notice. 2. I understand that I may lose rights concerrqng 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. § 4904 relating to unsworn falsifications to authorities. Date: /7 -/3-05/ ,q I. Hildabrand' IN THE COURT OF COMMON PLEAS OF CUMBE][UAND COUNTY, PENNSYLVANIA CIVIL ACTION - FAMILY DIVISION LINDA I. HILDABRAND, No. 03-5230 Plaintiff VS. KARL R. HILDABRAND, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 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 concern/lng 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 txue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsifications to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - FAMILY DIV~[SION LINDA I. HILDABRAND, : No. 03-5230 Plaintiff VS. KARL R. HILDABRAND, : Defendant : AFFIDAVIT OF CONSENW 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 2, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I 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 unae 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. Dated: a~_ ~///j ~ ~// Karl R. Hildabrand / MARITAL SETTLEMENT AGREEMEN ! THIS AGREEMENT, made this _~ day of ~ 2004. by and between Karl R. Hildabrand (hereinafter "Husband") and Linda L Hilda~'rand (hereinafter "Wife"): WHEREAS. the panics are Husband and Wife, married on August 16, 2001: and WHEREAS. unhappy differences and dif~culties have arisen between the parties, in consequence of which the parties have separated; and WHEREAS. the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past. present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; NOW, THEREFORE, in consideration of the mutual Promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: I. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the other party's cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement. the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liabilit · y for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASE:: Except as provided in this Agreement. both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts. contracts. engagements or liabilities of the parties or by way of dower, curtesy, widow'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 ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have. and except for the obligations of the parties contained in this Agreement. each party gives to the other an absolute and unconditional release and discharge frora all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 4. REAL ESTATE WIFE hereby waives and releases any and all claims, if any she has. in HUSBAND's real property located at 506 Alison Avenue. Mechanicsburg. PA and will sign a quit claim deed to that effect contemporaneously with the signing of THIS AGREEMENT. HUSBAND hereby waives and releases any and all claims, if any he has. in WIFE's real property located at 2A Round Ridge Road. Mechanicsburg. PA. .5. DIVISION OF PERSONAL PROPERTY a. Both parties will retain all items of personal property which he or she owned prior to the date of marriage. b. All personal Property presently in the possession of HUSBAND shall be his sole and separate property, and all personal property presently in the possession of WIFE shall be her sole and separate Property. 6. MOTOR VEHICLES a. HUSBAND shall retain sole and exclusive possession and/or ownership of the 1999 D°dgeDurangoautomobile. HUSBAND agrees to reflnance this vehicle on or before June 30. 2004. and satisfy the current loan. thereby extinguishing any liability of WIFE on said loan. HUSBAND thereafter shall be individually responsible for the payment of any encumbrances and automobile insurance on said vehicle. b. WIFE agrees to execute, within seven (7) days after satisfaction of the current loan with Nationwide Federal Credit Union any and all forms, titles and documents necessary to transfer title of the aforesaid vehicle from .joint ownership to HUSBAND'S individual ownership, as specified herein. c. HUSBAND agrees to obtain a new insurance policy for the automobile contemporaneously with the transfer of title as described in THIS AGREEMENT. It is further understood that ns of the effective date of this new automobile insurance policy WIFE may remove Husband from her current automobile insurance policy. d. On or before .lune 30.2004, HUSBAND shall reimburse WIFE the sum of' Sq ~rI 0~(~,, PreViously paid automobile insurance for the Durango covering the period from January I, 2004 to the date title is transferred as set forth herein. 7. RETIREMENT/PENSION/PROFIT SHARING/401k BENEFITS/AND DEFERRED ]~~COUNTS Any retirement/pension, Profit sharing. 401k benefits and/or deferred compensation account to which either party is. or shall be, entitled, shall be the sole and separate property of the party in whose name the account or fund is held. Each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any .jurisdiction, to share in the proceeds of the other party's retirement/pension/profit sharing or deferred compensation accounts. 8. DIVISION OF BANK ACCOUNT?, All joint bank accounts have been divided and all individual aecounts shall become the sole and separate property of the party in whose name the account is titled. 4 9. JOINT DEBTS Any debts or obligations incurred by either party in his/her individual name. other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. I 0. AFTER-ACOUIRED PROPERTY Each of the panics shall own and enjoy, independently of any claim or right of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. I I. .SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can. shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite. temporary. rehabilitative, permanent or lump sum and the right to seek equitable or community distribution or division or assignment of property or similar marital right, effective from the date of this Agreement and forever thereafter. 5 12. COUNSEL FEES AND EXPENSE?, Each party shall be responsible for the payment of his or her own counsel fees and expanses. Except as otherwise specified herein. 13. TAX MA'ITERS Thc panics have negotiated this Agreement with the understanding and intention to equally divide their marital property. The panics have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not. except as may be otherwise expressly provided herein, intended by the panics to constitute in any way a sale or exchange of assets, it is understood that the property transfers described in this Agreement fall within the provisions of section 1041 of thc Internal Revenue Code. and as such will not result in the recognition of any gain or loss upon thc transfer by the transferor. 14. ADVICE OF COUNSEl, The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair. just. adequate and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress. undue influence, collusion, or improper or illegal agreement. 1,5. EFFECT OF DIVORCE DECREE ON AGREEMEN I The parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce. shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement Proceedings. whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the divorce caption as provided in Section 3105(a) of the Divorce Code. as amended. However. as provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the Court. 16. DATE OF EXECUTION The "date of execution". "date of this agreement" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise. the "date of execution". "date of this agreement" or "execution date" shall be the date on which the last party signed this Agreement. 17. HEADINGS NOT PART OF AGREEMENT The descriptive headings Preceding the Paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 7 18. LIABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otberwise, then only that term, condition, clause or Provision shall be stricken from this Agreement and in all other respects this Agreen.~ent shall be valid and continue in full force, effect and operation. 19. AGREEMENT BINDING ON HEIR~ This Agreement shall be binding on and shall ensure to the benefit of the panics and their respective heirs, executors, administrators, successors, and assigns. 20. 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~ warranties, covenants or promises other than those expressly set forth in this Agreement. 21. MODIFICATION OR WAIVER TO BE IN WRITIN¢i No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both panics. 22. NO WAIVER OF DEFAULT The failure of either pany to insist upon strict performance of any term of this Agreement shall not constitute a waiver by that party to demand strict performance in the future. 23. VOLUNTARY EXECUTIOI~ The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. 24. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Penns~'lvania and more specificall}' under the Divorce Code of 1980. ~ 25. ATTORNEYS' FEES FOR ENFORCEMEN I If either pan}, breaches an}, provision of this Agreement. the breaching part}, shall pa}, all reasonable legal fees and costs incurred b}, the other in enforcing this Agreement. providing that the enforcing part}, is successful in establishing that a breach has occurred. 26. FULL DISCLOSURE The respective panics do hereb}, warrant, represent and declare and do acknowledge and ague that each is and has been full}, and completel}, informed of and is familiar with and cognizant of the wealth, real and/or personal propert},, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and an}, further enumeration or statement thereof in this Agreement is speciflcal]}, waived. 27. INDEMNIFICATION Each party represents and warrants to the other that he or she had not incurred any debt. obligation, or other liabilit}', other than described in this Agreement. on which the other party is or may be liable. Each party covenants and agrees that if an}, claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations. liability, act or omission of such party, such party will at his or her sole expense, defend the against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss. cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on bebalf of either Husband or Wife to the other in this Agreement. any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in pertbrmance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other Prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. IN WITNESS WHEREOF. the parties have se~ their hands and seals the day and year first written above. WITNESS: IO COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN : SS : On this. the C~ day of_ ~,.~ :00~. ~efore me. a No,a~y Public in and for said unty and State,he undersigned officer, personally appeared Karl R. Hildabrand known to me (or satisfactorily proven) to be the person whose name is ascribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained IN WITNESS WHEREOF. I have hereunto set my hand and official seal. otary Public / De ~.ARIAL SEAL COMMONWEALTH OF PENNSYLVANIA : COUNTY OF I~-kqZH4N ]~O~f)0t~ : SS ; P.ublic t te, D,;.o~,ne~t gnea omcer, personally appeared L. inda !. H~ldabmd. known to me (or satisfactorily p o ~ the ~mon whose name is a~r~b~ to the within instrument, and acknowledg~ that she execut~ the same for the pu~ose therein contained IN WITNESS WHEREO~, I have hereunto set my hand and official seal. ~ot~i~ ~~m OFm,,s~we~, II In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Pennsylvania, CIVIL ACTION-FAMILY DMSION. LINDA I. HILDABRAND, : No. 03-5230 Plaintiff : VS. KARL R. HILDABRAND, : Defendant : PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for the entry of a Divorce Decree. I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Certified Mail, Restricted delivexy on October 11, 2003. 3. (Complete either paragraph (a) or (a) Date of execution Divorce Code: of the Affidavit of Consent required by Section it301(c) of the By Piainti~.. luly/i~ 2004 By Defendant: ]uiy_~, 2004 (b) (1) Date of execution of the Plaintiffs Affidavit requit~cl by Section 3301(d) of the Divorce Code: rga (2) Date°fserviceofthePlaintilTs Am~ · . 4. Related claims pending: none -~t~uavit upon the Defendant: n/a 5. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301(d)(l)(i) of the Divorce Code: n/a Loren A. Schrurn -I.D.#28039 Attorney Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~..~ PENNA. LINDA I. RTr.na. nRAND N O. O3-523O VERSUS KARL R. BILDABRAND DECREE IN DIVORCE AND NOW, ~,J~ ~'~" , 2004 , IT IS ORDERED AND DECREED THAT L~NDA I. HILDABRAND , PLAi NT~ FF, AND ~ ~. ~{ILDAB~ , 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; ~ ~ ~ ~E FINAL D~ IN DI~. OU RT~~ '~ J' ~- ~THONOTARY