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HomeMy WebLinkAbout08-5266 Nichole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com JAMES HELSEL, JR., Plaintiff V. SHARON A. HELSEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. C? - ga?t0 Civi 1 lem IN DIVORCE CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fall to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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, PA 17013 (800) 990-9108 (717) 249-3166 Nkhole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaleyQpkh.com JAMES HELSEL, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SHARON A. HELSEL, Defendant NO. p&- S3- 6(o CrJ",I 4 Lrati IN DIVORCE CIVIL ACTION - LAW COMPLAINT IN DIVORCE AND NOW COMES Plaintiff, James Helsel, Jr., by his attorneys, Purcell, Krug & Haller, who avers as foilows: DIVORCE PURSUANT TO SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is James Helsel, Jr., an adult individual whose current mailing address is 3 Lemoyne Drive, Suite 100, Lemoyne, Pennsylvania 17043. 2. Defendant is Sharon A. Helsel, an adult individual whose current address is 3 Accent Circle, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 16,1993, in Middletown, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Plaintiff avers that there are no children of the marriage. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8. The Plaintiff and Defendant are both citizens of the United States. 9. The marriage is irretrievably broken. 10. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce. Respectfully submitted, KRUG & HALLER By: DATE: J' (, .w 0 ID ##78966 ( 1719 North Front Stret Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff 2 Esquire VERIFICATION 1, JAMES HELSEL, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: $ -?q- 0 y, -G- SLs ? -0 00 SU v Q s rz1? e crl Barbara Sumple-Sullivan, Esquire ID #32317 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 JAMES HELSEL, JR., Plaintiff V. SHARON A. HELSEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5266 CIVIL TERM IN DIVORCE CIVIL ACTION -LAW ACCEPTANCE OF SERVICE OF COMPLAINT IN DIVORCE AND NOW, this .?_4 day of , 2008, I, Barbara Sumple-Sullivan, Esquire, counsel for the Defendant, hereby accept service of the Complaint in Divorce filed in the above-captioned action. mple-Sullivan, Esquire ID #32317 549 Bridge Street New Cumberland, (717) 774-1445 PA 17070-1931 CP Nichole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com JAMES HELSEL, JR., Plaintiff V. SHARON A. HELSEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5266 IN DIVORCE CIVIL ACTION - LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 3, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: James L. Hels6lAr. RLED-O?FICE OF THE FROT-I''NO TARY 2009 AUG 17 PH 4.0 9 Nichole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com JAMES HELSEL, JR., Plaintiff V. SHARON A. HELSEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5266 IN DIVORCE CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 5?) I C) I C' c? James L. WelslEl/Jr. RLED-OFFiCE OF THE PROT-11110-NOTARY 2009 AUG 17 FM 4* 10 { .Levln? CUM; b, ; ,l. . 1- -! .'kt J i/'MA. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JAMES HELSEL, JR., Plaintiff V. SHARON A. HELSEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5266 CIVIL ACTION -LAW AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 3, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the filing 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: SHARON A. HELSIEL #LED t C E ? CF, THE FOOT W'NDTAP.Y 2009 AUG 17 PH 4: 18 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JAMES HELSEL, JR., Plaintiff V. SHARON A. HELSEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 5266 : CIVIL ACTION -LAW WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DATE: - - a6 J 4t,rO?_ ei HARON A. HELSEL 2 R?.ED-OFFICE OF THE NOTHONOTARY 2409 AUG 17 PM 4 * 18 jNi 1 JAMES HELSEL, JR., Plaintiff V. SHARON A. HELSEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5266 IN DIVORCE CIVIL ACTION - LAW WAIVER OF NOTICE OF COUNSELING I, Sharon A. Helsel, the Defendant in the above-referenced divorce proceeding, hereby agree to waive the notice of availability of marriage counseling, which counseling is available to me in accordance with the Pennsylvania Rules of Court. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 1"'), ? ? . d" ?'=' i haron A. Helsel Date: ?? FiLLu-i -I OF T I " ";;-. ``n^!P'T., 2009 AUG 26 PIN !: € 1 Nichole M. Staley O'Gorman, Esquire ID #78966 John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com JAMES HELSEL, JR., Plaintiff V. SHARON A. HELSEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5266 IN DIVORCE CIVIL ACTION - LAW 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 §3301(c or d) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was served by Acceptance of Service by counsel on 9/5/09. 3. Complete either paragraphs (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: By Plaintiff: 8/10/09 and By Defendant: 8/3/09. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: ; (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file a Praecipe to Transmit Record, a copy of which is attached (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 8/17/09. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 8/17/09. Respectfully submitted, PURCELL, KRUG & HALLER By: is le M. Staley O'Gorman, Esquire 78966 John W. Purcell, Jr., Esquire ID #29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff DATE: r_ ,,F THE 21 + Diu 2 C'I i E ? 5.i V I'I4'-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HELSEL, JR. V. SHARON A. HELSEL NO. 08-5266 DIVORCE DECREE AND NOW, y...ks ?'? zoo S , it is ordered and decreed that JAMES HELSEL, JR. , plaintiff, and SHARON A. HELSEL , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, VW z ota ry q- q- .09 t Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JAMES HELSEL, JR., Plaintiff V. SHARON A. HELSEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 5266 CIVIL ACTION -LAW ACKNOWLEDGMENT OF PARTIES TO ENTRY OF STIPULATION FOR AS ORDER OF COURT AND NOW, to wit, this S/14 day of , 2009, the parties in the above-referenced action do hereby agree that the attached Qualified Domestic Relations Order shall be entered as an Order of Court. Witness uc? JA ES L. ELSEL, JR. ht'z' "C d?-Vj SHARON A. HELSEL 4 OF THE PRO,'WNIOTARY 2009 SEP -9 PM 12' 36 PEN l,,s )YLV`AfNiA V SEP 1 0 20094 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JAMES HELSEL, JR., Plaintiff V. SHARON A. HELSEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5266 CIVIL ACTION -LAW QUALIFIED DOMESTIC RELATIONS ORDER It is ordered that the following qualified retirement plan disposition be made: It is the intention of the parties hereto that this Order meets the requirements of a Qualified Domestic Relations Order (QDRO) under § 206(d)(3) of ERISA and Section 414(p) of the Internal Revenue Code, and that this Order will be administered and interpreted in conformity with RRISA and the Internal Revenue Code. 1. The Participant's name, mailing address, social security number and date of birth are as follows: Name James L. Helsel, Jr. C? Address 3 g 3$ P ,,.0 e t2o4 ID Tfe LO 0 C?npkkl 1 Social Security No. 209-36-1890 Date of birth October 8, 1953 2. The Alternate Payee's name, mailing address, social security number and date dfbirth are as follows: Name Address Social Security No Date of birth Sharon A. Helsel 3 Accent Circle Camp Hill, PA 17011 159-50-2095 July 26, 1954 3. The name of the account held with Wachovia Securities Services to which this Order applies is the Wachovia IRA, Account No. 4172-3086 (hereinafter referred to as "the Qualified Account"). 4. The Alternate Payee is hereby awarded from the Participant's Qualified Account the sum of TEN THOUSAND DOLLARS ($10,000.00). Said transfer is to reflect investment growth and loss on the amount from the date of execution of this Order to the date of actual distribution to Alternate Payee, which amount shall be segregated from the Qualified Account and paid !'to the Alternate Payee in the form of a direct transfer to Alternate Payee's IRA Account. Said direct transfer shall occur as soon as administratively practicable following the receipt by Wachovia of a certified copy of this Order, as entered, the determination by the Wachovia that this Order constitutes a qualified domestic relations order, and completion of all appropriate forms necessary to accomplish the transfer to the IRA Account. 5. The funds being transferred to Alternate Payee shall be transferred to Prudential IRA Account No. 6988-7636. Said check shall be made payable to Prudential for the benefit of the IRA for Sharon A. Helsel and mailed to: AXA Advisors, LLC 40 Monument Road Bala Cynwyd, PA 19004 IT IS FURTHER ORDERED that a true copy of this Order be served upon Wachovia and that this Order shall take affect immediately and shall remain in affect until further Orden of the Court. This court shall retain jurisdiction to modify the same until the sum is transferred as a 2 Qualified Domestic relations Order. Entered this //" day of2009. BY THE COURT, J. f1LF-C,-' Fr*ECi QF THE Ff C}T Ht INOTARY 2009 SEP { 1 AM 9.4 4 CtJw y LINTY E NsV:Y`LVrA'dNA () - ., LccL _SLLLuao Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JAMES HELSEL, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 - 5266 17 v -, M -_-r, SHARON A. HELSEL, CIVIL ACTION -LAW Defendant IN DIVORCE PETITION TO AMEND QUALIFIED DOMESTIC RELATIONS ORDER 1. Petitioner is Sharon A. Helsel, an adult individual residing at 3 Accent Circle, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is James L. Helsel, Jr., an adult individual residing at 3438 Trindle Road, Suite 200, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Incident to the divorce, Petitioner was to receive a rollover of the sum of Ten Thousand Dollars ($10,000.00), adjusted for profits or losses from the date of Order, from Respondent's Wachovia Account No. 4172-3086. 4. It has now been determined that the designation for payee in Paragraph 5 of Stipulation and September 10, 2009 Order is incorrect. 5. As attached hereto, the parties, through their counsel, stipulate to the modification of the Order of September 10, 2009 to amend paragraph 5 to read: The funds being transferred to Alternate Payee shall be transferred to LPL for the benefit of Sharon A. Helsel Account No. 6988- 7636. Said check shall be made payable to LPL for the benefit of Sharon Helsel and mailed to: AXA Advisors, LLC 40 Monument Road Bala Cynwyd, PA 19004 6. A copy of the Stipulation is attached hereto as Exhibit "A" and incorporated herein by reference. WHEREFORE, Petitioner, with the full concurrence of Respondent, requests the Court to enter an Amended Qualified Domestic Relations Order to adjust Petitioner's rollover account information. DATE: February 23, 2010 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner EXHIBIT "A" B i rbara Sumple-Sullivan, Esquire St i preme Court #32317 5,9 Bridge Street N -.w Cumberland, PA 17070 (717) 774-1445 J.d,MES HELSEL, JR., Plaintiff V. S 11ARON A. HELSEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5266 CIVIL ACTION -LAW ACKNOWLEDGMENT OF PARTIES TO ENTRY OF STIPULATION FOR AS ORDER OF COURT AND NOW, to wit, this _ day of February, 2010, the undersigned do hereby agree tf at the attached Amended Qualified Domestic Relations Order shall be entered as an Order of C curt. \,' ?11/1/y ?7? Barbara Sumple-Sullivan, Esquire authorized Agent for Petitioner Staley (07 -Orman, Esquire Agent or Respondent Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JAMES HELSEL, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 5266 SHARON A. HELSEL, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: Nichole M. Staley O'Gorman, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102-2392 DATE: February 23, 2010 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JAMES HELSEL, JR., Plaintiff V. SHARON A. HELSEL, Defendant CIVIL ACTION -LAW AMENDMENT TO QUALIFIED DOMESTIC RELATIONS ORDER It is ordered that the following qualified retirement plan disposition be made: It is the intention of the parties hereto that this Order meets the requirements of a Qualified Domestic Relations Order (QDRO) under § 206(d)(3) of ERISA and Section 414(p) of the Internal Revenue Code, and that this Order will be administered and interpreted in conformity with ERISA and the Internal Revenue Code. 1. The Participant's name, mailing address, social security number and date of birth are as follows: Name James L. Helsel, Jr. Address 3438 Trindle Road, Suite 200 Camp Hill, PA 17011 Social Security No. 209-36-1890 Date of birth October 8, 1953 2. The Alternate Payee's name, mailing address, social security number and date of birth are as follows: Name Address Social Security No Date of birth FEB 242010, 20119 FF5 2 ? F 3: 41 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5266 Sharon A. Helsel 3 Accent Circle Camp Hill, PA 17011 159-50-2095 July 26, 1954 3. The name of the account held with Wachovia Securities Services to which this Order applies is the Wachovia IRA, Account No. 4172-3086 (hereinafter referred to as "the Qualified Account"). 4. The Alternate Payee is hereby awarded from the Participant's Qualified Account the sum of TEN THOUSAND DOLLARS ($10,000.00). Said transfer is to reflect investment growth and loss on the amount from the date of execution of this Order to the date of actual distribution to Alternate Payee, which amount shall be segregated from the Qualified Account and paid to the Alternate Payee in the form of a direct transfer to Alternate Payee's IRA Account. Said direct transfer shall occur as soon as administratively practicable following the receipt by Wachovia of a certified copy of this Order, as entered, the determination by the Wachovia that this Order constitutes a qualified domestic relations order, and completion of all appropriate forms necessary to accomplish the transfer to the IRA Account. 5. The funds being transferred to Alternate Payee shall be transferred to LPL for the benefit of Sharon A. Helsel Account No. 6988-7636. Said check shall be made payable to LPL for the benefit of Sharon Helsel and mailed to: AXA Advisors, LLC 40 Monument Road Bala Cynwyd, PA 19004 IT IS FURTHER ORDERED that a true copy of this Order be served upon Wachovia and that this Order shall take affect immediately and shall remain in affect until further Order of the 2 Court. This court shall retain jurisdiction to modify the same until the sum is transferred as a Qualified Domestic relations Order. Entered this ZS•day of , 2010. BY THE COURT, i r' I -eS' ?'?'t.cll l.?.cV F?? -3 . S, FLe -ZeAZ4v 3 ??