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HomeMy WebLinkAbout04-0741 II ii , I JESSICA SHEEHAN HILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO,2004- '7L11 CIVIL ACTION-LAW IN DIVORCE CIVIL TERM DAVID LEVONNE HILL, 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 court, A judgment may also be entered a~ainst 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 Court House, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 II JESSICA SHEEHAN Hill, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004- 7'1/ CIVIL TERM CIVil ACTION-lAW IN DIVORCE DAVID lEVONNE Hill, Defendant COMPLAINT UNDER SECTIONS 3301(c) AND 3301 (d) OF THE DIVORCE CODE 1, Plaintiff is Jessica Sheehan Hill, an adult individual who currently resides at 7119 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050, 2, Defendant is David levonne Hill, an adult individual who currently resides at 436 South Fayette Street, Shippensburg, Cumberland County, Pennsylvania 17257, 3, Plaintiff and the Defendant have been bonafide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were married by virtue of a common law marriage on February 22, 2003, COUNT I - DIVORCE 5, Plaintiff hereby incorporates by reference paragraphs 1 through 4 above, 6, There have been no prior actions of divorce or for annulment between the parties as to their current marriage, 7, Plaintiff and Defendant are not in the Armed Forces of the United States, 8, Plaintiff avers that the marriage between the parties is irretrievably broken, ;1 9, The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling, WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce, COUNT II - EQUITABLE DISTRIBUTION 10, Plaintiff hereby incorporates by reference paragraphs 1 through 9 above, 11, The parties have acquired both real and personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property, WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property, Respectfully submitted, O'BRIEN, BARIC & SCHERER l!:ftrltflt- DATE: 2 J Il1l 0"-1 Michael A. Scherer, Esquire /.0, # 69174 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/sheehan/divorce.pld II VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, 94904, relating to unsworn falsification to authorities, I I - ,J.C> ~>ktQ~ HJlt Jessica Sheehan Hill DATED: d I lL{!I5Ll ~~ r:;) p ~( ~7i ~lL~ ~~ ~O..o 'll ~ ",. 5) -< \) 0 CO lI) ---J- D ~~::t:J \.' ~ p:: $~1 ~ Cj ~-'.:> t'- -:::":J f- ~;_.2 ~y; -.-: --I f'i -/- e) ~:-i:--r"} r,) f--- C) ;' '~ C;? .' v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,2004-741 CIVil TERM CIVil ACTION-LAW IN DIVORCE JESSICA SHEEHAN Hill, Plaintiff DAVID lEVONNE Hill, Defendant ACCEPTANCE OF SERVICE AND NOW, this Lffrt day of ;t114.!Zd , 2004, I, David levonne Hill, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa, R.C,P, 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. ([)~~ David [evonne Hill mas.d ir/domestic/sheehan/acceptance.ser ~ ('"'Y"~ , ...., = = ~ :x ..," ;;0 o -n .-1 -,"'" fi1r~ -om ';:J'i' (:.)0 --1~T. ~:n '~o /,;;-ITI (-~ ~j-J ..<.. -0 -::: r:? .:;::- -.I 'I JESSICA SHEEHAN HILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004 -741 CIVIL TERM V, DAVID LEVONNE HILL, Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 33011Cl OF THE DIVORCE CODE 1, A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on February 20, 2004, 2, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3, I consent to the entry of a final decree in divorce without notice, 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 I I I' I 5, 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, 6, I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling, 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,SA Section 4904 relating to unsworn falsification to authorities, Date: January~, 2006 '------ v): SICA SHEEHAN HILL o s ~1E.~~ D)C!: 6\ ~,~" ~":" ~~. -''.:'.<, t:~; AO'_, ~, -< r-.> = = c;r. <- ;po. :z: ~ - ~ :t! -r, rtlp -0 CD ~1:J'--' '::)c, :~~~~ :t--.::.m I.~' ,..., i;~ -"" ...... -0 ::::;;: "f: (J' il JESSICA SHEEHAN HILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004 - 741 CIVIL TERM V, DAVID LEVONNE HILL, Defendant IN DIVORCE AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on February 20, 2004, 2, Defendant acknowledges receipt and accepted service of the Complaint on March 4, 2004, 3, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4, I consent to the entry of a final decree in divorce without notice, 5, 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, 6, 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 7, I have been advised of the availability of marriage counseling and I understand thCi~ i inay request that the GOUft require counseling, , do not req:..J8st that , the court require counseling, " i" , 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,A, Section 4904 relating to unsworn falsification to authorities, Date: ;2./24Ic{;. /1 c.,. / .ctJJ:.Q7 7/ (I itA, - r~ David Levonne Hill r<} , , I JESSICA SHEEHAN HILL, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004 -741 CIVIL TERM DAVID LEVONNE HILL, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1, Ground for divorce: irretrievable breakdown under Section 3301(c)of the Divorce Code, 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service form on March 4, 2004, 3, (complete either paragraph (a) or (b),) A, Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on January 16, 2006; and Defendant on February 24,2006, B, (1) date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4, Related claims pending: None, 5, Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None, Respectfully submitted, 1fiiit~ Micnael A. Scherer, Esquire ~ JESSICA SHEEHAN HILL, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004-741 CIVIL TERM DAVID LEVONNE HILL, Defendant CIVIL ACTION-LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT ,., THIS AGREEMENT, made this ~ day of January, 2006 by and between Jessica Sheehan Hill, of Mechanicsburg, Cumberland County, Pennsylvania, and David Levonne Hill, of Enola, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Jessica Sheehan Hill (hereinafter called "Wife") currently resides at 7119 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania; and, WHEREAS, David Levonne Hill (hereinafter called "Husband") currently resides at 126 College Hill Road, Enola, Cumberland County, Pennsylvania; and, WHEREAS, the parties hereto are husband and wife, having been lawfully married on February 22, 2003, by virtue of a common law marriage; and, WHEREAS, the parties are the natural parents of one child, Dejah Cassie Hill, born October 13, 2003; and, WHEREAS, a divorce complaint was filed on February 20, 2004; and, WHEREAS, the parties hereto are desirous of settling fully and finally their respective marital and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real 1 " and personal property, the support and maintenance of one another 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 these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1, PERSONAL RIGHTS, Husband and Wife may, at all times hereafter, live separate and apart at such places as they may desire, free from all control, restraint, interference and authority, direct or indirect, by the other, Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2, ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection, Wife has secured legal advice from Michael A, Scherer, Esquire, her counsel, and Husband has voluntarily chosen not to have secured legal counsel in this matter. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that 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, 2 3, DISCLOSURE OF ASSETS, Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure, The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals, Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4, MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution oftheir marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only, The parties agree that they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel may finalize the divorce action in a timely fashion, 5, EQUITABLE DISTRIBUTION, A. Real Estate, The parties are the owners of real estate located at 1918 Mulberry Street, Harrisburg, Dauphin County, Pennsylvania, which property is investment real estate, The property is encumbered by a mortgage in both parties' names with The Washington Savings Bank, FSB, At such time as Husband is able to refinance the 3 indebtedness on the property into his name alone, Wife shall convey her interest in the property to Husband by signing a deed conveying her interest in the property to Husband, and Husband shall be entitled to keep as his separate property any equity in said property, Husband shall be obligated to attempt to refinance the indebtedness on the property at least once each year until said refinancing occurs, Husband shall be obligated to provide Wife with the loan application and lender's response in connection with Husband's obligation to refinance the property, In the event Husband fails to remove Wife's name from the mortgage within three years from the date of this Agreement either by refinancing, mortgage modification or other means, Wife shall have the right to demand that the property be listed for sale at a price set by a licensed appraiser. Further, if at any time the lender issues a notice that the mortgage is in arrears because the lender has not received timely mortgage payments, Wife shall be permitted to demand that the real estate be listed for sale immediately at a price set by a licensed appraiser, Husband has been in control of the property and has been responsible for finding tenants, collecting rents, paying the expenses of the property and otherwise maintaining the property, Husband shall continue to undertake these responsibilities until the property is placed into Husband's name alone, and Husband shall hold Wife harmless for all charges in connection with ownership of the property, including the mortgage payment, taxes, insurance, municipal charges and the like, Husband shall be entitled to keep any profits from the rental units, Husband shall indemnify Wife for any out of pocket expenses incurred by Wife in connection with the provisions of this paragraph, 4 The parties previously reached an agreement regarding the disposition of any income or gain the investment real estate realizes, which agreement is incorporated herein and attached as "Exhibit A." B, Furnishinqs and Personalty, The parties have divided by agreement between themselves all furnishings and personalty heretofore owned by them in common and shall retain sole and exclusive ownership of all furnishings and personalty currently in each parties' respective possessions, free and clear of any right, title, claim and/or interest of the other party. C, Motor Vehicles, Husband's vehicle, 1999 Nissan Maxima, is owned jointly by the parties, however, the encumbrance on the vehicle is solely in Wife's name, Wife shall convey her interest in the automobile to Husband at such time as the indebtedness on the vehicle is paid off or refinanced, Husband agrees to be solely liable for the indebtedness on the motor vehicle and if at any time the lender issues a notice that the vehicle payment is in arrears because the lender has not received timely payments, Wife shall be permitted to demand that the vehicle be sold immediately and any proceeds shall be the sole possession of Husband, Husband shall hold wife harmless and indemnify wife relative to Husband's obligations hereunder for the 1999 Nissan Maxima, 0, lntanqible Personal Property and Retirement Benefits, The parties have divided to their mutual satisfaction all intangible personal property, including bank accounts and investment accounts heretofore used or owned by them in common, and neither party will make a claim to any such property presently titled in the name of the other party or in the possession of the other party,W 5 E, Miscellaneous Property, As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to together. 6, SUPPORT, ALIMONY, ALIMONY PENDENTE LITE. SPOUSAL SUPPORT, Neither party shall pay the other spousal support, alimony pendente lite or alimony in connection with this separation and divorce, 7, RELEASE OF CLAIMS, Husband and Wife each do hereby mutually remise, release, quit claim, and forever discharge the other in the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and whatsoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or courtesy, or widows or widowers rights, family exemptions or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country, or any right which Wife may have or at any time hereafter have for past, present or future support of maintenance, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital 6 relation or otherwise, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any 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 this Agreement or for the breach of any provision thereof, 8, MODIFICATION, No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto, 9, BREACH, If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party, 10, AGREEMENT BINDING ON PARTIES AND HEIRS, This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties, 11, AGREEMENT NOT TO BE MERGED, This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree, The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released, 7 IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments, WITNESS: '?It J t Jt-- j S~JJ~ ~(lt Jessica Sheehan Hill ~ (;)v1IYk#-- David Lavonne Hill 8 1918 MlJI,RI<:RI(Y S'I'RI<:KI', HARRISRlIRG, FA - FROPI<:R'I'V AG~I<:I<:Mt<:NT: Jessica Sheehan Hill and David Levonne Hill are in agreement that all financial gain from the joint owned property at 1918 Mulberry Street, Harrisburg Pennsylvania, will go to their daughter, Dejah Cassie Hill, All funds having to do with the above-mentioned property will bt: placl:d in account numbt:r 238632-HIltt Mt:mbt:rs 1 st unUt:r both Jt:llSiClt Hill and David Hill. Currently, the two-unit property rents for a total of$IlD45 a month and the mortgage is $721 a month, This leaves approximately $324 to pay the monthly water, sewer, trash bill, and any home repairs that may need to be done, Any money left aftcr thc bills arc paid is to be sct-asidc specifically for Dcjah Cassic Hill, 1h thc cvcnt that the property is sold, any and all funds from the sale of 1918 Mulberry Street will be placed in the specified account for Dejah Cilssie Hill, Jessica Sheehan Hill and David Levonne Hill have both signed below acknowledh>ing the above statement in regards to the joint owned property, -jl ,~~{4 Jessica Shee 1 Hil ~/ David Levonne Hill I~ IL!~~ 105 Date (f\~~~ COMMONWEALTH OF PENNSYLVANIA NoIarlaI Seal Mary J, GWI\lT, NOlaIy Plblc Siver SpIro Twp.. CumbertIlnd CountyrMy Coo, omission ElcpiIes Nov, 17, '1i1J7 Member, Pennsyfvania Association Of Notaries d)--u.uV\6 u.. 3D 0-00-3 I EXHIBIT "A" ~~~~~~~~~~~~~~~~~~~~~ +~~~~~~~+++~~+~~~~~+~++~ ~~~~~~~+~~ . . + . . . . + . . . . . ~ ~~~~~+~~~+~~~~~+~~ . . . . . . . . . . + . . . . . . . . . . + . + . . . . . + . . . . . . . . . + . . . . . . + . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STArE OF JESSICA SHEEHAN HILL, Plaintiff. VERSUS DAVID LEVONNE HILL,. Defendant. PENNA, No. 2004 - 741 CIVIL DECREE IN DIVORCE AND NOW, J.Jd2~ ~ , IT IS ORDERED AND DECREED THAT AND JESSICA SHEEHAN HILL , PLAINTIFF, DAVID LEVONNE HILL , 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; J/o"'-f? The parties' is incorporated but not mer ed herein . . + + + . rder of CQurt : + . + + + . . . + . Marital Settlement Agreement dated January 26. 20.06 ATTEST: . . + . . . . + . . +++~+~~~~~~+++~+++~? ONOTARY ~~~+~~+~~+~~~~~~~+ ~~~++ . . . + + . . . + + . + . . . + + . . . + + . . . + + . . . . + + . . . + + . . . . + . . . + . . . . + + . + + + . . J, -~/z ~~ ~/i, ~.;z ~ 4,7 ~?J '1'0 6 [ '?t/' 6 'C~ ." lV?YL?K 14_.? r"-,,I VI .. .. '., --;>o;;>r L P/~?7fl c7l\)