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Home My WebLink About03-5293 JENNIFER L. HEFLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03. '5 J q3 CIVIL TERM MARK A. HEFLIN, Defendant CIVIL ACTION - LAW IN 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 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 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, PA l70l3. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Countv Bar Association 2 Libertv Avenue Carlisle, PA l70l3 Telephone: (717) 249-3l66 fl\div\HEFLINcomplaint JENNIFER L. HEFLIN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- S'.l.'lJ ~ 1<....-- MARK A. HEFLIN, Defendant CIVIL ACTION LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is JENNIFER L. HEFLIN, an adult individual, who currently resides at 46 Stone House Road, Carlisle, Cumberland County, PA l7013. 2. The Defendant in this action is Mark A. Heflin, an adult individual, who currently resides at 1 East Green Street, Shiremanstown, Cumberland County, PA l70ll. 3. Both the Plaintiff and the Defendan~ have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on May 1, 2001, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. -1- 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 7. The Plaintiff avers that no children have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of di- vorce. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.C.S. ~4904, relating to unsworn falsification to authorities. o \)~.. L ~.4. UL..... r- '~~IFER~L: HEFLIN Date: "l - .::l. '1-03 STONE LaFAVER &/.s;:;'EKLETSKI E -2- () ~ f-; ,~-) "'C'lf' -' ~ n n-;f " -, ~ ~ j ;:c_ .,-.- <J -.. <-- ~- '" '" C:..,f c.. ~~ t;~ - ..... oq ,. ~ '-" .. ...... '" .-" 0 -.:.~ ~ IN THE COURT OF COMMON PLEAS OF CUMBEPLAND COUNTY, PENNSYLVAN~A NO. 03-5293 CIVIL TERM I I I f1 \div\lmailsrv.aff JENNIFER L. HEFLIN, Plaintiff v. MARK A. HEFLIN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, ELIZABETH B. STONE, of Stone LaFaver & Shekletski, attorne s for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, Mark A. Heflin, at 1 East Green Street, Shiremanstown, Pennsylvania l70l1, by United States Certified Mail, postage prepaid, restricted delivery on October lO, 2003, as evidenced by the attached Certified Mail retu n receipts. SWORN TO AND SUBS~IBED before me this ~ day of ()c:dbk, , 2003. fft-~. tt'~~ N t Y Publi NOTARIAl. SEAL KAYE R. LUCKEY, NoIaIy PublIc New Cumberland Boro. Cumberland Co. My CommissIon ElqlIr8s 1AlId127, 2005 ~ :r IT1 ru '" ,.., Postage $ $0.60 c:J , 0070 IT' Certified Fee 04 c:J r'- Return ~ Fee c:J (Endorsement Required) c:J Res1riotodIlellveoyFee c:J (Uldcnel..&ll Required) c:J Total Postage & Fees $ ru ru IT1 ~ ~ .~ ~ > 0. [~ ; g ~ .~:5 ~~ 5l"C C ........ . ;:( 0 _ en .;'~i l~~ "O!!"OCD~& fi~i:5Q)Q) CliQ"CE-E~ ....:ifi.a.sft cno CD !!-n:t:: FSEijliiE :~~o~.g ~~~h'l! 15..; >.1ii~= E _.r.o.c: . 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A complaint in divorce under ~ 330l(c) of the Divorce Code was filed on October 6, 2003, and served October 10, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. I II II II II II 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that fals~ statements her~in are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsi fica- tion to authorities. A 2" '^'i . , Date ~ Plaintiff Z.OCll"t tl\d:v\lconsentaffidavlt JENNIFER L. HEFLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5293 CIVIL TERM MARK A. HEFLIN, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 330l(c) of the Divorce Code was filed on October 6, 2003, and served October 10, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correc~. I understand that falSe statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsi fica- tion to authorities. A I.Uj . Date 2 Lf I z.oc;o~ ~~ Plaintiff f 1 \d1 v'.lwai v,=,rn,J[ lee JENNIFER L. HEFLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5293 CIVIL TERM MARK A. HEFLIN, Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER S 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsi fica- tion to authorities. Aut L": :l.....~ Da e ~~~J,~ JE NIFE L. HEF IN, Plaintiff II II !I II II fl\dl~\lcons~ntaffld~vit JENNIFER L. HEFLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5293 CIVIL TERM MARK A. HEFLIN, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on October 6, 2003, and served October 10, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after II II service of notice of intention to request entry of the decree. II I j 4. I understand that I may lose rights concerning alimony, II division of property, lawyer's fees or expenses if I do not claim them II II before a divorce is granted. II ~ I verify that the statements made in this affidavit are true and II II correct. I up.d::rstand that false St.a.tem'?n':s her.E'li!1 are made subject II ~ to the penalties of l8 Pa. C.S. ~ 4904 relating to unsworn falsifica- tion to authorities. Date 7- .;L~-o~ a tl\dlV\lwaivernctlc~ JENNIFER L. HEFLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5293 CIVIL TERM MARK A. HEFLIN, Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penal Lies of 16 Pa.. C. s. 0 ':i 904 :relating to .l.Jnswo~-n falsifi.ca.- tion to authorities. ?- ~ ~-o.y Date fl\div\ltransrnitpraecipe\1_97 JENNIFER L. HEFLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5293 CIVIL TERM MARK A. HEFLIN, Defendant ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: l. Ground for divorce: irretrievable breakdown under S (330l(c)) ~Jl:~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: October lO. 2003. US Certified Mail. Return Receipt Reauested. Restricted Deliverv. Postaae Prepaid 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 5 330l (c) of the Divorce Code: by Plaintiff August 24, 2004 ; by Defendant _ August 24, 2004 (b) (1) Date of execution of the affidavit required by S 330l(d) of the Divorce Code: ; (2) A. Date of filing of Plaintiff's affidavit upon respondent: B. Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: NO CLAIMS RAISED 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: the (b) Date Plaintiff';; Waiver of Not,i"ce r Prothonotary: "~~.r7 .J.G,~ ( , . 5 330l(c) Divorce was filed with Date Defendant's the Prothonotary: Divorc 'led with IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY .~ PENNA. STATE OF JENNIFER L, HEFLIN, Plaintiff No. 03-5293 VERSUS MARK A. HEFLIN, Defendant DECREE IN DIVORCE AND NOW, ~, ',J(j) ~, IT IS ORDERED AND . DECREED THAT JENNIFER L. HEFLIN , PLAINTIFF, AND MARK A. HEFLIN , 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; ~.JJ~ By THE COURT;: J. PROTHONOTARY "~ J!,. ~ ~~ ~u, ,1Cl D"O T~P?/P:P>V~'r9 /I~O-~ 4.' ". . .' . . ,- . .. '. .. . ~ ,." . II fl\div\5ELIEUcomplaint2 CHRISTOPHER M. BELIEU, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5293 CIVIL TERM JENNIFER LYNN BELIEU, Respondent CIVIL ACTION LAW IN DIVORCE PETITION FOR SPECIAL RELIEF FOR AN ORDER LISTING MARITAL HOME FOR IMMEDIATE SALE AND TO RELEASE ESCROW FUNDS TO PAY OFF MARITAL DEBT 1. The Petitioner in this action is CHRISTOPHER M. BELIEU, an adult individual, who currently resides at 114 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Respondent in this action is JENNIFER LYNN BELIED, an adult individual, who currently resides at 111 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The Petitioner and Respondent were lawfully joined in marriage on May 24, 2003, in Windham County, Connecticut. 4. The parties separated approximately one year later on May 30, 2004. 5. A complaint in Divorce was filed by the Petitioner on July 26, 2004, and served by the Sheriff. 6. The Petitioner purchased the property located at III Shirley Land prior to the marriage; however, when the parties sought to -l- ~ consolidate debt after marriage, a re-financing of this home was done, and the Respondent's name was placed on both the deed and the mortgage. 7. The Respondent then refused to live in the Shirley Lane property and convinced the Petitioner to purchase another home to call the "marital homen. That property was located at 207 West First Street in Carlisle. Both the Petitioner and the Respondent had a legal, equitable and financial interest in this property, as well. 8. Ever since the purchase of the second home, the Respondent has refused to move out of the Shirley Lane home. 9. The Petitioner realized that the brief and tumultuous marriage had been a mistake; moved out after one year; and moved into the second home. 10. On or about October 7, 2004, a hearing was held before the Honorable Judge Bayley to hear the Petitioner's Special Relief request to immediately list the marital homes for sale. The parties signed a mutual agreement at that time whereby the Respondent agreed to sign the listing agreement, and the 207 West First Street property sold shortly thereafter. 11. The proceeds from the settlement in the amount of $15,203.02 money were placed in escrow, and are still being held in escrow by the Respondent's counsel. -2- II 12. It was Petitioner's belief that the parties ~ad agreed that all settlement proceeds were to be used to payoff marital debt, once he submitted copies of all original credit card bills to counsel, which he did. 13. It is averred that the Respondent is refusing to authorize the payment of any marital debt from this escrow account even though undersigned counsel has written and submitted numerous copies of all the debts arising from the brief marriage. 14. The Petitioner continues to pay on all the marital consumer debt, and has suffered financially. As a result of this, the 0% interest rates at which the parties originally purchased items has expired, and now most of the interest rates have risen, to a point now where the Petitioner is unable to remain current in order to meet the large monthly minimum payments requirements. 15. The Respondent is also refusing to list the second home for sale. Even though this was a very brief marriage, the Respondent has insisted that she is entitled to one of the marital homes. Unfortunately, it is believed, and therefore, averred, that the Respondent's credit history is so poor that she will not qualify for a refinancing or new mortgage on this Shirley Lane property. 16. The Respondent is refusing to pay for any of the marital debts, and the parties are quickly falling behind in all of the bills. The sale of this home would alleviate the problem immediately. -3 - ~ WHEREFORE, the Petitioner respectfully requests that this Court schedule a hearing in the matter to hear the aforesaid Petition for Special Relief, to Order that the 111 Shirley Lane marital home be listed for sale immediately; to Order that the escrow account be released to payoff any and all marital debts as soon as possible; and Order any and all such relief as this Court deems just and proper. STONE LaFAVER & SHEKLETSKI E Attorneys r Petitioner -4- [' \:-:" .'3\ i-veci f~ VERIFICATION Christopher M. Belieu states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of l8 Pa. C.S.A. 5 4904 relating to unsworn falsification to authorities. Date: 4/P-0/{J~S a~fttl;;;f-- Christopher M. Belieu II ~~ \::.is\lservic:e CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Plaintiff, Christopher M. Belieu, hereby certify that on this date I served a true and correct copy of the within instrument on Defendant's counsel of record by first class mail, postage prepaid, addressed as follows: Cara A. Boyanowski, Esquire Seratelli Schiffman Brown & Calhoon, P.C. Suite 201 2080 Linglestown Road Harrisburg, PA 17110-9670 DATE: 4lLl<(o< / / ~l Stone, Esquire 0251 17070 0. c; -'('. ...-0. ('~"" {J" _f., ,- '..< r-~ ~~ d' ~ -;0 ..-..) Cf' q. .A *'~ -C "', .-t;>C-;, '(~\(}, .?).t~ ~;!-\-('\ '.2, ';-:... .:}:.. Xl .,.,f "'" u:> " v' t..:> -