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HomeMy WebLinkAbout04-1206 VIRGINIA MARIE BELLMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO.OII ~ I~(" CIVIL TERM JAY DENNIS BELLMAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE I CUSTODY 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, One Courthouse Square, Carlisle, P A 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGlIT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 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 County Bar Association 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 VIRGINIA MARIE HELLMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.~-I2Cb CIVILTERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY JAY DENNIS HELLMAN, DEFENDANT COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, VIRGINIA MARIE HELLMAN, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.e., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is VIRGINIA MARIE HELLMAN, an adult individual, who resides at 5014 Muirfield Place, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Plaintiff has resided in Cumberland County for over three (3) years. 2. Defendant is JAY DENNIS HELLMAN, an adult individual, who resides at 5014 Muirfield Place, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on February 14, 1992. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant has ever been a member of the United States Military Services. 9. Plaintiff and Defendant have two (2) children from their marriage, ALISON MARIE HELLMAN, born November 1, 1993, and KRISTIN NICOLE HELLMAN, born September 4, 1995. COUNT I - REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 330I(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 1 I. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiffbe!ieves Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, VIRGINIA MARIE HELLMAN, respectfully requests the court to enter a Decree of Divorce pursuant to section 330l(c) of the Divorce Code. COUNT n. REOUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, VIRGINIA MARIE HELLMAN, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT m - REOUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3I04(a)(2) and 3323(b) OF THE DIVORCE CODE 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference thereto. 15. The parties are the parents of the following minor children who reside with the Defendant at this time: NAME AGE SEX DATE OF BIRTH ALISON MARIE HELLMAN 10 years Female November 1,1993 KRISTIN NICOLE HELLMAN 8 years Female September 4, 1995 16. During the past five (5) years the children have resided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM/ TO Plaintiff and Defendant 5014 Muirfield Place Mechanicsburg P A 1998 to Present 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal Custody and Shared Physical Custody oftheir children. WHEREFORE, Plaintiff, VIRGINIA MARIE HELLMAN, requests this Honorable Court grant Plaintiff, VIRGINIA MARIE HELLMAN, and Defendant, JAY DENNIS HELLMAN. Shared Legal Custody and Shared Physical Custody of the minor children, ALISON MARIE HELLMAN and KRISTIN NICOLE HELLMAN. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.e. Dated: Marcha, 2004 C=:su~~ . Counsel for lainti PAI.D. #64 5021 East Trindle Road Suite 100 Mechanicsburg P A 17050 (717) 796--1930 ~~ -~ quire VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief This verification is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. DATED~ . ~l{)' ot t~~~~iQ {\i1.M ~~~ v ~NlA MARIE HE&MAN p ~'i. '- ~ ..c: () ~l ~ , ~ "'4. 9..J _ ~ ~ lJ ...0 v C> 0 0 '1 . 0 ~ C' 8 c 0- f I I P:! -p t J~~ cp .. , , p-; - cu G ;',1 , , ,--, .,..' VIRGINIA MARIE HELLMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-1206 CIVIL ACTION LAW JAY DENNIS HELLMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, March 29, 2004 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 22, 2004 , the conciliator, at 10,30 AM for a Pre-Hearing Cuslody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. F.sq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN A'lTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3] 66 " 4'~ ~? ~ ~ ;,,,,",,,,", '~;z. ~~ AC1-6r.[:' ~ P?- ~- ~ -/'9 hO-,!/("-[' "\\"IS,.'~ICc1 \fl!\;:i~!^>i.\j,;,:;-,:;,. 'n" r.~r;, r1"_J'l\"",,'"...l\, v JJ..,I' 'I i. I '..II.. 1'..___ , 1\1 h,_~ 80:S Hd 6Z ~l'iW~OOZ " I\il ONOfUOCld 3Hl ~o ,tl - 3:)1:l~o-a311:! VIRGINIA MARIE HELLMAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 04-1206 CIVIL TERM JAY DENNIS HELLMAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE I CUSTODY ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, in the above matter. Respectfully submitted, Dated: ~ 2004 -O(.C) fT1;-: -;;- '~ ' ~~- ~E "~'l =< o ~ ",,'- ...., c;;,) <--::> ...- :r.- -U ;::>0 I C) -;1 .-1 :r: ""'I). ri1r~ -nCQ :DC; 06 :?::!-:.l (5~; :Z'::f-t; C) :~! ~.Q -'" -r: :J.:.. r;-:> VIRGINIA MARIE HELLMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERll,AND COUNTY, PENNSYL VANIA vs. NO. 04-1206 CIVIL TERM JAY DENNIS HELLMAN, DEFENDANT IN CUSTODY STIPULATION FOR AGREED ORD]~R OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Mother") is VIRGINIA MARIE HELLMAN, who currently resides at 5014 Muirfield Place, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Defendant (hereinafter sometimes referred to as "Father") is JAY DENNIS HELLMAN, who currently resides at 5014 Muirfield Place, Mechanicsburg, Cumberland County, Pennsylvania, 17050. ALISON MARIE HELLMAN (hereinafter sometimes referred to as "Alison"), born on November I, 1993, and KRISTIN NICOLE HELLMAN (hereinafter sometimes referred to as "Nicole"), born on September 4, 1995, are the subjects of this Stipulation for Agreed Order of Custody and are the natural children of the Plaintiff and Defendlmt. It is Plaintiff and Defendant's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both her natural Mother and natural Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, VIRGINIA MARIE HELLMAN, and Defendant, JAY DENNIS HELLMAN, have entered into a mutual agreement regarding the custody of their children and respectfully request this Honorable Court to enter the following Order: I.Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor children, ALISON MARIE HELLMAN and KRISTIN NICOLE HELLMAN. 2. All decisions affecting their daughters' growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their daughter, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their daughters' best interest. 3. Mother and Father agree to keep the other informed of the progress of their daughters' education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their daughters. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their daughters. 4. While in the presence of their daughters, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their daughters should respect and love. 5. It shall be the obligation of each parent to make their daughters available to the other in accordance with the physical custody schedule and to encourage their daughters to participate hi the plan hereby agreed and ordered. 6. Each parent shall have the duty to notifY the other ofany event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom their daughters are physically residing at the time shall bl: permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both Mother and Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be the parent who initially information of and concerning the children to provide the other parent with copies of such information in a timely manner. 9. Neither Mother nor Father shall schedule activities or appointments for their daughters which would require their attendance or participation at said activity or appointment during a time when their daughters are scheduled to be in the physical cllstody of the other parent without that parelJ.t's express prior approval. 10. Plaintiff and Defendant shall Share Physical Custodly of their minor children, Alison Marie HeUman and Kristin Nicole Hellman, according to the following schedule: A. Father shall have the children beginning Monday morning, when there is no school or Monday after school through Wednesday morning. Mother shall have the children Wednesday morning, when there is 110 school or Wednesday after school through Friday after school or Friday afternoon, when there is no school; B. Father and Mother shall alternate weekend.s, which shall begin Friday after school through Monday mornings; C. Father and Mother may each request onl: to two (1-2) consecutive weeks of vacation with their children. Father and Mother shall make their vacation requests to each other in writing prior to the time they are requesting their vacation. Should the parties each request the sanle time for their vacations, the party who made the first request shall receive that time requested; D. The parties shall alternate the following holidays. Father shall have the even numbered holidays and Mother the odd numbered holidays in the even numbered years. To alternate annually thereafter: 1) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Labor Day; 5) Independence Day; 6) Thanksgiving Day. E. Christmas. Mother and Father shall alternate Christmas with Mother getting Schedule B in the even numbered years and schedule A in the odd numbered years. Father shall have Schedule B in the odd numbered years and schedule A in the even numbered years, to alternate annually thereafter. A. To begin Christmas Day at 2:00 p.m. through December 26 at 9:00 p.m. B. To begin Christmas Eve Day at 9:00 a.m. through Christmas Day at 2:00 p.m. F. Father shall have his daughters on Father's Day and Mother shall have her daughters on Mother's Day; G. During all holidays and other special times of custody, visitation shall extend from 5:00 p.m. the evening before the special custody period through the morning after the last day of the special custody period or until such times as Mother and Father can agree upon; H. Mother and Father shall share their daughters' vacation time during school equally (50/50); J. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; K. All holidays, vacations, and specially designated times for visitation with their daughters shall supersede the regularly scheduled visitation. 11. Mother and Father agree to contact each other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with their daughter for more than four (4) hours. Such times shall include, but not be limited to, days their daughters are ill and unable to attend school, any days their daughters are not scheduled to be in school, snow days, any time a parent is scheduled to be out of town, any time a parent will be attending another event and/or activity, etc. 12. Mother and Father agree to share transportation equally, with the party beginning their period of visitation being responsible to get their daughters. 14. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their daughters:. 15. The parent with the best and most affordable medical, dental and vision insurance shall provide insurance for their daughter. At this time Mother shall provide medical, dental and vision insurance for the children. Mother and Father agree to equally (50/50) be responsible for their children's uncovered medical, psychological, dental, orthodontia and vision expenses. 16. The parent who incurs a child care expense, wh,~n the children are in their custody shall be responsible for the payment of that child care expense. 17. Mother and Father agree to equally (50/50) share the responsibility for all of the children's clothing, activities and special events, and all otht:r extraordinary expenses beyond ordinary everyday expenses. 18. Mother and Father agree to alternate annually the income tax exemption for their daughters, with Mother having the benefit of the income tax '~xemption in the even numbered years, beginning in 2004, and Father to have the benefit of the: exemption in the odd numbered years. For the purpose of implementing this paragraph, both parties agree they will sign and deliver to the other party the IRS Form No. 8332 on or before January 3 I in the year following the year for which the tax deduction is requested. 19. The parent with physical custody of their daughters agrees to keep the other parent fully aware..andinformed of any successes, difficulties, activities, emergencies, etc., in which their daughters have become involved. 20. Mother and Father agree to provide each other with current information regarding the day care provider and any other individuals and/or activities in which their daughters are in the care of an adult other than an activity within their daughters' school. Mother and Father also agree to have each other listed as an emergency contact with that adult and/or agency. 21. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. DATED: J-{a.rcL 25 ) ,2004 ~ NNIS . LL DATED: 44rrt- zs: ,2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: On this, the 25-1"-- day of /Jt (( r-cJ- , 2004 before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared VIRGINIA MARIE HELLMAN, known to me (or satisfac:torily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. N_e~'p ~ My Commission Expires: 1 Notarial Sear G~I P. Minnich, Notal)' Public Mechanlcsburg.6oro, Cumberland County M}' CommIssIon Expires Dec. 9, 2006 Member, PennSylvania ^s:::.:claticn Of Notari6ls COMMONWEALTH OF PENNSYLVANIA COUNTY OF S~,. -.. On this, the zs-.)'t-- day of --M<< rei- _ , 2004, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared JAY DENNIS HELLMAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. t~i P (7rU Notary P~)liC . My Commission . : Notarial Seal Gall P. Minnich, Notary Public Mechamcsburg 6oro, Cumberl.3nd County M~.I ComJr,;ssicn EXj:!n:s Doc. 9, 2006 M€mber, Penns\ll\i,~:~:'j/:;::~ "'"2W- Of N ta J -" ""' ......n c nes 0 '"'-' ~~ 0"," 0 ~" ~ .., ,-,"; , ".1;.. .--; -c; :r.." :=-:; r11__ r- f -ol""n CJ1 ~.!)a ()cl :1:. -"'-1.) T-r ::'l.: d~d - ,;,.C) ~, -. - ;::31-n :;J ~- i c- '. , :;0 .;:- -<::; IV VIRGINIA MARIE HELLMAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 04-1206 CfVIL TERM JAY DENNIS HELLMAN, DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, this L day of +,..,'1 ,2004, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, VlltGINIA MARIE HELLMAN, and Defendant, JAY DENNIS HELLMAN, shall SHARE LEGAL CUSTODY and Plaintiff, VIRGINIA MARIE HELLMAN, and Defendant, JAY DENNIS HELLMAN, shall SHARE PHYSICAL CUSTODY of the minor children, ALISON MARIE HELLMAN and KRISTIN NICOLE HELLMAN, in accordance with the language contained in the within Stipulation. BY THE COURT, /J,J 1. ~,D~ ~\) o -'f' V::V':';>n)_ _r::\r'"Q?" V,'. 'n/:;'~,~ i~',\ ~:.,'_"I i~':":'~"I-F"i""" / "1\"'_':";"'" "::'::';:','Jt: IV C / : J' l,!~ 8- (fe/V ?uDZ \"'c" '" "" 'I~", ~'I'1 ' ':"1\]11 1''.:: i<'_J I i"J'""/ o..l,_ . """..,."..-; \,--" -....', '-4 .J, jC:-I.:eO-oJ7/~! '::0 APR 1 2 2004 ~ VIRGINIA MARIE HELLMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 04-1206 CNIL ACTION LAW JAY DENNIS HELLMAN Defendant IN CUSTODY ORDER AND NOW, this 5TH day of April, 2004 , the conciliator, being advised by plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for April 22, 2004, is cancelled. FOR THE COURT, ~~ Dawn S. Sunday, Esquire Custody Conciliator :~ r-..> c,~ ceo ..r- > -0 :;0 CJ -" :1'J Dl-;- 1"- TJf'l'i :-:r'Ji~J ~~i C) },_~ ::r~ :~ ;~~ :.;! ~!: 'j -lO"' -c.l :::r ~~ U1 <=> O'-'D'",~' , VIRGINIA MARIE HELLMAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-1206 CIVIL TERM JAY DENNIS HELLMAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about March 23, 2004. A true copy of the Complaint for Divorce was served upon the Defendant, on March 31, 2004. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service oftht: Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. f}h/~J()05 DATE / tc~'0w ~fI'lk4~ VIR IA MARIE LLMAN ~ 'fl.. ::JC. ~ I N g .'7 --oct., t1;n\ 11;-'-" -.,;1'( 0")'"'''' :.c.~. r;.: (~\ 'i'c, Z"C' 'pC'- ~ ------- o -n ~1 f'n~ -'",.' '23 :Y) -1_ ~~~? ib:':U ';~fr) ?Sf'r\ __I )"7 ^l:'J'- ...4:. -0 :;: <? N <-" - o~.":,""'~"' VIRGINIA MARIE HELLMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. NO. 04-1206 CIVIL TERM JAY DENNIS HELLMAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(c) OF 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. Section 4904 relating to unsworn falsification to authorities. !:pb-ICp r]W5 DATE / /-~ ()~ fY(r(} IJJ!Q((j ik/ 1n1t/1 ~ MARIE HELLMAN --0 -::lI' '-? r; /-, ~ ~:Q, {'\if:(" -')'0 H'(} \ '0" C) c-j,,<:\ -'-f--l-:'~~~j \:"r~ ~(\ 'r?, ',~r?_ .~ o ~ ~.' ,.....j{f:\ ~~1'~' .z:t;;," \:!}c (2 ~ ~(, ?/ '- '~(-' ':Pc; .~ ,-,' ~ Gt' 1! 'j:O \ "" - or.r;;"6_ r VIRGINIA MARIE HELLMAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERl"AND COUNTY, : PENNSYLVANIA vs. : NO. 04-1206 CIVIL TERM : JAY DENNIS HELLMAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about March 23, 2004. A true copy of the Complaint for Divorce was served upon the Defendant, on March 31, 2004. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofth~: Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that ifa claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. J w ~ J-- . 05 DATE ~ <;;i, <3- ~ ';lO \ r-..:> Q (;; ".::Efl ~(. l"T' ~~"c\ t);~: '('/",- \t". . ? ~ Sf\ .~.'" :>:"f" (\ ..\"t", 1.s'?) '::c.\"" ..->(.~ "-'"1;") 't~n >; ".:4 --0 '% v) ." ~ - 0"-'0 ,,,(v' VIRGINIA MARIE HELLMAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERlAND COUNTY, : PENNSYLVANIA vs. : NO. 04-1206 CIVIL TERM JAY DENNIS HELLMAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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 divor,ee decree is entered by the Court and that a copy of the decree will be sent to me immediately aft'~r 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. Section 4904 relating to unsworn falsification to authorities. J.h j 0)- DATE ~.j0-Vlr- ~ D NNIS HELLMAN 'i; --0 ~1) O)~x ~..~,.... t2:~'~,"" t: '.. ~-" 7.;.'\".') ~t,.. .1-"(" "2:', -> - ~ <g;. ::l!=- ~ I N " ~ .-1 "p ~r:' ~o '<3 :9)(;- l~_1-'f\. '1: -n --:'"')-(') -0 ~/ ft- -- -,.; ~ l...,,,\ .;- l';:J.. :""- t.~' .' 7:- - -------- VIRGINIA MARIE HELLMAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERl"AND COUNTY, : PENNSYLVANIA vs. : NO. 04-1206 CIVIL TERM JAY DENNIS HELLMAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please 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 Complaint: Service upon the Defendant via Defendant's personal Acceptance of Service was on March 31, 2004. 3 Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: February 16, 2005 Defendant: February 04, 2005 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All daims (c) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 3. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on February 16, 2005 by the Plaintiff and on February 04, 2005 by the Defendant, and that these documents are being filed simultaneously wilh this Praecipe to Transmit Record. 1 further certify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.e. Dated: March 4, 2005 Susan Kay Cillo, Esquire Counsel for lain' PA1.D.#64 8 5021 East Trindle Road Suite 100 Mechanicsburg P A 17050 (717)796-1930 1--;) <....::> ,:,.:> (.'.J" \ ....0 c~) C.) ...0 :+:+ '+' '+' '+' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ <. " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++ + '+' n '+'+:++'+'+:+:'f:+: :+::+:+.:+' :+':+:'+'+'+'~:+'+++~'+''+''+'+:+''+':+''+':+''+''+''+'~:+'+:+'++:+'+:+':+'+:+''+''+''+''+':+'+:+':+':+'+:+':+'+:+'+:+':+'++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. VIRgINIA ~ARIE HELL~AN PLAIN7ITT No. 04-1206 VERSUS JAij DENNIS HELL~AN DUENDAN7 DECREE IN DIVORCE AND NOW, /J~ 2005 , IT IS ORDERED AND /YJ/1i ,"'^ DECREED THAT Vi~ginia ~a~ie Hellman , PLAI NTI FF, AND Jay Denni~ Hellman , 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 BE:EN ENTERED; ~N(- . . . . . . . . . . . . . . . . . . . . . . . . . +'+'+:+'++:+''+':+'+++'+'+++:+'+'+'+:+'++++:+::+''+'+'+':+';+';+':+'++++++++++++:+'? OURT: a~ ~ (' _~ ~ PROTHONOTARY +++'+':+':+':+::+''+'+++ '+'+'+'+'+'+++++++ . . . . . . . . . . . . . . . . . . . . . . . . . J. Y7 ~y,1 ;;' ~.', "-/ ;:,[/' // F. . #r z- ~r,v r?j2ilL PJ'7~" h ~ ~7mf' ~)J:'7) n-' /~: .p '. r / ..' . .