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HomeMy WebLinkAbout05-3466 ,I Bryan E. Hilt, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- 34'(Pu CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE Cynthia D. Hilt, 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 will proceed without you and a decree in divorce or annulment may 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 II Bryan E. Hilt, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-Jtj~~ CIVIL TERM Cynthia D. Hilt, Defendant :CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Bryan Edward Hilt, an adult individual, currently residing at 102 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Cynthia Diane Hilt, an adult individual, currently residing at 81 Longfellow Drive, Lancaster, Lancaster County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on May 30, 1981, Franklin County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since December 10, 2004 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. II 12. Except for the marital residence, all property has previously been distributed to both parties satisfaction. It is believed that both parties fully intend to enter into an agreement that satisfies all interest in that property. 13. Two children have been born of the parties during the course of this marriage. Both children are over the age of 18. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted TURO LAW OFFICES ?" A/6S Date -~"'-.'" en R. Waltz, 28 South Pitt S et Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff II VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. 34904 relating to unSWorn falsification to authorities. 7- '1- O')~ Date .t3-~()v,- (:'. \~ ~ Bryan E. 'Hilt II CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint in Divorce upon Mindy Marie Martin, by depositing same in the United States Mail, Certified Return Receipt on the /3 day of .T 8- ' 2005, from Carlisle, Pennsylvania, addressed as follows: Cynthia D. Hilt 81 Longfellow Drive Lancaster, PA 17602 TURO LAW OFFICES alen R. Waltz, 28 South Pitt Str Carlisle, PA 170 (717) 245-9688; FAX 717.245.2165 ~ ~ ~ ~ G'" o ~ E ;::; r;;;-... <.1\ ~ ......... --.::-D ~ ~ ~ ~ ~ += riJ () c- ..:._- =2 r-> = ';;';;;1 c.n <-. ~~:~ , OJ G o ""11 ...., ::r:-..... In.-'' 0- m C' T) ~;~) -rJ ~~: -I'; ,~_:~ f~:~ ';1'- :'1J -< C:'J c:; II ~ I I Bryan E. Hilt, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3466 CIVIL TERM Cynthia D. Hilt, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Complaint in Divorce filed in the above captioned case upon Cynthia D. Hilt, by certified mail, return receipt requested on or about July 8, 2005 addressed to: Cynthia D. Hilt 81 Longfellow Drive Lancaster, PA 17602 and did thereafter receive same as evidenced by the attached Post Office receipt card dated July 12, 2005. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES /t!J/~..J //i-j- Date ' , II . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: t..~Tllilla. D. I/, If 81 L~.r;JIow Dn ve- Lantct.sk 111 1 /71.PD7- o Agent o Addressee C. Da e of Delivery 7~ Qr D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type a. Certified Mail 0 Express Mail tJ -Registered "jil! Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transferfromserv/celabel) '70(J/ 'ZS /6 ~ q PS Form 3811, February 2004 Domestic Return Receipt '2 <:;s Z 7 71 (PD 102595-D2-M-1540 ! , II I Bryan E. Hilt, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3466 CIVIL TERM Cynthia D. Hilt, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (9 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 THE FOREGOING AFFIDAVIT 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. folll! (J,)- Date I --g~fJ'-- c, 1---'\ 0Jj Bryan Ed rd Hilt ,:-;-, ('- (n ; l; II Bryan E. Hilt, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3466 CIVIL TERM Cynthia D. Hilt, Defendant : CIVIL ACTION - LAW : 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 9 (3301 (c)) of the Divorce Code. 2. Date and manner of service of the complaint: Certified, Returned Receipt mail delivered on or about July 12, 2005. 3. Date of execution of the Affidavit of Consent required by 93301 (c) of the Divorce Code. By Plaintiff: October 21, 2005 By Defendant: October 19, 2005 4. Related claims pending: None. Date the Waiver of Notice in 93301 (c) divorce was filed with th Prothonotary: By Plaintiff: October 24, 2005 By Defendant: October 24, 2005 Galen R. Waltz, Ire Attorney for Defendant r..") '-':) ..__f i i:; . .~1 ,. ~...,. . . II ~ Ii I, Bryan E. Hilt, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3466 CIVIL TERM Cynthia D. Hilt, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed On July 8, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. 10 - Iq-oS Date ~rolb.. ~.~. Cyn la D. Hilt .-------.- :--:~ r", .... 0', - r--- I , . SEPARATION AGREEMENT AND PROPERTY SETTLEMENT A -/) dJcfi~ This Agreement, made and entered into this (? day of ,? e. .r- 2005, between Cynthia Diane Hilt, of Lancaster, Lancaster County, Pennsylvania, herein referred to as "Wife," and Bryan Edward Hilt, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on May 30, 1981, in Franklin County, Pennsylvania; WHEREAS, there have been two (2) children born of this marriage between Husband and Wife. Both children are over the age of 18. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by Husband and all of her rights of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and a:l rights to counsel fees, or expenses and, other 1 than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Power and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in property or estate of the other, and to that end both parties waive, relinquish and forbear the rights of dower of curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though married, without any joinder by him or 2 her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution or married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Distribution of Marital Assets. a. The parties agree that the items of personal property have been satisfactorily distributed. All other personal property obtained by the parties during the marriage shall be sole and exclusive property of the Wife/Husband. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife toi 3 '1'1 dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. 5. Debt. The parties agree that all debts were discharged per the United Stated Bankruptcy Court, Middle District of Pennsylvania Court Order, Case No.1 :05 - bk - 00600 - MDE, under section 727 of title 11, United States Code. The parties agree that they will each be responsible for their individual debts incurred subsequent to the separation of the parties and that each party shall hold the other party harmless for the debt incurred subsequent to the separation. 6. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 7. Real Property. The parties agree that the real property located at 81 Longfellow Drive Lancaster, Pennsylvania "the residence" shall remain in both parties' names. The party who resides at this residence agrees to assume the existing mortgage with Wilmington Finance (a division of AI G) 401 Plymouth Road, Suite 400, Plymouth Meeting, Pennsylvania 19462 with a payoff balance of $161.250.00 as of July 7, 2005 and to hold the other party harmless for any debt thereto. The parties shall mutually agree as to which party will reside at the residence. If either party chooses to reside at the residence he/she shall rent one room to a tenant. The rental income shall be used to payoff the mortgage. If no tenant rents the additional room the party residing at the residence will assume full mortgage payment. The party residing at the above name property shall, in consideration for dwelling at residence, be solely liable for all debts and expenses (including maintenance) related to the above named property. If the parties agree to reside at the residence together all expenses/income will be divided equally including rental income from additional tenants. If both parties agree to sell the residence all profits shall be divided equally. In the event of the death of one the parties the surviving party shall gain sole title of the residence. Upon the death of both parties, title shall pass to the parties' children. Both parties agree to execute any 4 '1'1 . , and all future documents reasonably related to the transfer of title to the marital home and cooperate in the prompt payment of all marital debts as outlined above. 8. Alimony. Wife agrees to waive alimony. 9. Pension. Husband agrees that he has no interest in Wife's Pension or 401 k retirement plan and Wife agrees that she has no interest in Husband's retirement plan. 10. Counsel Fees and Court Costs. Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document, as well as the preparation and filing of the divorce action captioned at 05-2277 Civil Term and the Custody Order filed at the same number. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 11. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending a divorce between them in the Court of Common Pleas of Cumberland County to the caption Bryan E. Hilt v. Cynthia D. Hilt, 05-3466 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledged they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 12. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 13, Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any Court of competent jurisdiction. 14. Applicable Law and Execution. The parties hereto agree that this Marital 5 1 I' Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 15. The Entire Agreement. The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are not other representatives, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 16. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or things that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESSES: /';' " "' " ~ ~, (j:~ ~ o.~ ~1il.t:l.~:JL ~ Cynthia D. Hilt 6 ._"..... .,~ (, I _:;:1 f",-=; ;-- ,~.....: ~..;..- ct:i:'+::+' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4::- 10- 'y ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :I;;Ii ~:f +:f.+.:+;+.+. . . ... . ~~~++~+. :+.+~'+:++'+:+:+.:+.++~ . . . . . . . . . . . . . . . '+::+'+'+:++'+:++'+::+''+:++:+'+'+:+++:1; :f~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF BrYFln F. Hi 1t Plaintiff VERSUS ryntniQ n Hi It Defendant PENNA. No. no; 341';6 DECREE IN DIVORCE AND NOW, ~~ ,--2..0.OS-, IT IS ORDERED AND DECREED THAT AND Cynthia D. Hilt Bryan E. Hilt , PLAINTIFF, ,DEFE:NDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLA'MS WHICH HAVE FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION \k)o '^'<- A copy of the Separation Agreement and Property Settlement is incorporated herein but not merged in the Divorce Decree ~~~/ BY THE COURT: ..... /;/" ,/ "~ <'V( v(A-~ ATTEST: tI . . . . . . . . . . . . . . +:1; + +:1; '+' 'l':.I' '+' . / . . . . . . . . . . ++;+:+++:++ PROTHONOTARY '+'++.+++++:+.+++++++"'":+ ++++~+ ++:+.+++++++++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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