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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ,~ day Of~"" \ , 1996,
by and between Ann E. Hellrung of 21 Mayberry Lane, Mechanicsburg,
Cumberland Cou~y, Pennsylvania (hereinafter referred to as ,"WIFE" )
and James D. Hellrung of 21 Mayberry Lane, Mechanicsburg,
Cumberland County, Pennsylvania (hereinafter referred to as
"HUSBAND" ):
WITNESSETH:
WHEREAS, the parties were married on September 5, 1981, in
Harrisburg, Dauphin County, Pennsylvania.
There were two (2)
children born of this marriage; Matthew Hellrung, born February 6,
1984, ~nd Amanda Hellrung, born May 11, 1986.
WHEREAS,
diverse,
unhappy
differences,
disputes
and
difficulties have arisen between the parties and it is the
intention of HUSBAND and WIFE to live separate and apart, and the
parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as between
each other, including, without limi tation by speci fication: the
settling of all matters between them relating to the ownership and
PLAINTIFF'S
EXHIBIT
32. CUSTODY:
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WIFE shall have primary physical custody of
parties' minor children namely; Matthew, age 12 and Amanda, age 9.
HUSBAND shell have periods of temporary physical custody at such
times as are convenient to the parties pursuant to their work
schedules.
The parties agree that they shall, to the extent
possible, accommodate the childr.en's school and outside activities
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in determining iWSBAND' S periods of temporary physical custody.
HUSBAND shall, however, have no less than alternating weekend,
temporary physical custody, and alternating holidays which holidays
shall be Easter, Memorial Day, July 4, Labor Day, and Thanksgiving.
HUSBAND shall also enjoy temporary physical custody each and every
Christmas huliday period at times to be agreed upon by the parties.
33. CHILD SUPPORT: HUSBAND shall pay Seven Hundred Fifty
($750.00) Dollars per month for the support of the parties' two
children. HUSBAND further agrees to forward said check directly to
WIFE so t~at she receives it on or before the 7th day of each
month.
Should WIFE fail to receive her monthly child support
check by the 7th day of any month, WIFE shall, at her option,
commence a support action through the Domestic Relations Office of
the county in which she resides and HUSBAND shall agree to a wage
attachment.
HUSBAND's support obligation shall commence on the
mont.h immediately following the month in which he makes his last
mortgage payment on the marital home. HUSBAND's obligation
continue
pursuant
to
Paragraph
34
of
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notwithstanding current support law.
HUSBAND shall provide health insurance coverage for the
benetit ot the children so long as he is obligated to contribute to
their support.pursuant to the provisions of this Agreement. The
parties agree ...tilat each shall be equally responsible for all
uninsured medical and/or dental expenses of the children. In the
event that neither party is provided with employer health insurance
coverage for the children, each agrees to divide equally the cost
of providing such health insurance coverage.
WIFE agrees that HUSBAND shall be entitled to claim the
deduction for the dependency exemption for the parties son, Matthew
Hellrung, each and every year commencing with the 1996 tax year.
WIFE turther agrees to execute Internal Revenue Service Form 8332
or any other declaration required to implement this paragraph.
34. HIGHER EDUCATION EXPENSES OF THE CHILDREN:
It is the
intention of both parties that their children shall attend an
undergraduate COllege/trade school if academically able and willing
to do so.
HUSBAND agrees to contribute to the costs of the
childrens I undergraduate college/trade school education as follows:
HUSBAND I s child support obl.igation pursuant to the provisions of
this agreement shall continue without interruption until each child
reaches age 23 years. HUSBAND's obligation shall cease upon the
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equitable distributi~n of real and personal property; settling of ~~/1.t
all matters between them relating to the past, present and future
lIupport, alimony and/or maintenance of WIFE by HUSBAND or of
HUSBAND by WIFE;
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 the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each intending to be legally bound hereby covenants and
agrees as follows:
1.
SEPARATION:
HUSBAND and WIFE shall at all times
hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they
shall respectively deem fit, free from any control, restraint or
interference whatsoever by the other. Neither party shall molest
the other or endeavor to compel the other to cohabitate or dwell
with him or her by any legal or other proceedinqs. The foregoing
provisions shall not be taken to be an admission on the part of
either HUSBAND or WIFE of the lawfulness or unlawfulness of the
causes leading to their living apart.
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Divorce Code. HUSBAND and WIFE hereby express their agreement that41t9/t/6
the marriage is irretrievably broken and express their intent to
execute any and all Affidavits or other documents necessary for the
parties to obtain an absolute divorce pursuant to Section 3301(c)
of the Divorce Code at the S6me time as they execute this
Agreement. The parties hereby waive all rights to request court
ordered counseling under the Divorce Code.
It is further
specifically understood and agreed by the parties that the
provisions of this Agreement as to equitable distribution of
propertl' of the parties and alimony, support, alimony candente
~, counsel fees, costs and expenses, are accepted by each party
as a final settlement for all purposes whatsoever, as contemplated
by the Pennsylvania Divorce Code.
Should a decree, judgment or order of divorce be obtained by
either of the parties in this or any other state, country or
jurisdiction, each of the parties hereby consents and agrees that
this Agreement and all of its covenants shall not be affected in
any way by such separation or divorce; and that nothing in any
such decree, judgement, order or further modification or revision
thereof shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry. It is
the specific intent of the parties to permit this agreement to
survive any judgement and to be forever binding and conclusive upon
the parties.
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and gain from property hereafter accruing) of the other or against ~~
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the estate of such other, of whatever. nature and wheresoever
situated, which he or she now has or at any time hereafter may have
against the 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 claims
in the nature of dower or courtesy or widow's or widower's rights,
family exemption 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 a testamentary, or all
other rights of a surviving spouse to participate in a deceased
spouse's estate,
whether arising under the laws of
(a)
Pennsylvania, (b) any State, Commonwealth or territory for the
United States, or (c) any country or any rights which either party
may have or at any time hereafter shall have for past, present or
future support or maintenance, alimony, alimony oendente ~,
counsel fees, division of property, costs or expenses, whether
arising as a result of the marital relations or otherwise, except,
all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach
of any provisions 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, whether real, personal, or mixed, which the
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other now owns or mllY herellfter acquire, except and only except all~;~
rights and agreements and obligations of whatsoever nature arising
or whioh mllY aril'ile under this Agreement or for the bI'each of any
provision thereof. It is further agreed that this Agreement shall
be and oonstitute a full and final resolution of any and all claims
which each of the pllrtieB may have against the other for equitable
division of property, support, alimony, counsel fees and expenses,
alimony gen~ntg l1tD or any other claims pursuant to the
Pennsylvenill Oivorce Code or the divorce laws for any other
jurisdiction.
9. ftI1Y.lCL.Qr~.QYIDiEL: The provisions of this Agreement and
its legal effect have been fully explained to the parties by
Char.les Rector, Esquire, counsel for WIFE and John W. Frommer,
Esquire, counsel for HUSBAND. HUSBAND and WIFE acknowledge that
this Agreement is not the result of any duress or undue influence
and that it is not the result of any collusion or improper or
illegal agreement or agreements. The parties further acknowledge
that they have each made to the other a full accounting of their
re.pective assets, estate, liabilities, and sources of income and
that they wnive any specifiC enumeration thereof for the purpose of
this Agreement. Each party agrees that he or she shall not at any
future time raise as a defense or otherwise the lack of such
disolosure in any legal proceeding involving this Agreement with
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the exception of disclosure that may have been fraudulently l.f/tfl~
withheld.
Each party further agrees to be solely responsible for the
payment of his and her own attorney fees.
10. WARRANTY AS TO EXISTING OBLIGATIONS:
Each
party
represents that they have not heretofore incurred or contracted for
any debt of liability or obligation for which the estate of the
other party may be responsible or liable except as may be provided
for this Agreement. Each party agrees to indemnify and hold the
other party harmless for and against any and all such debts,
liabilities or obligations of every kind which may have heretofore
been incurred by them, including those for necessities, except for
the obligations arising out of this Agreement.
11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND
and
WIFE
covenant, warrant, represent and agree that with the exception of
obligations set forth in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable.
Each party shall indemnify and hold
harmless the other party for and against any and all debts, charges
and liabilities incurred by the other after the execution date of
this Agreement, except as may be otherwise specifically provided
tor by the terms of this Agreement.
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DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS:
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Each
understands that he or she has the right to obtain from the other
party a complete inventory or list of all of the property that
either or both parties own at this time or owned as of the date of
separation, and that each party has the right to have all such
property valued by means of appraisals or otherwise. Both parties
understand that they have the right to have a court hold hearings
and make decisions on the matters covered by this agreement. Both
parties understand that a court decision concerning the parties'
respective rights and obligations might be different from the
provisions of this Agreement.
~ach party hereby acknowledges that this Agreement is fair and
equitable, that it adequately provides for his or her needs and is
in his or her best interests, and that the Agreement is not the
result of any fraud, duress, or undue influence exercised by either
party upon the other or by any person or person upon either party.
Both parties hereby waive the following procedural rights:
a. The right to obtain an inventory and appraisement of all
marital and non-marital property as defined by the Pennsylvania
Divorce Code.
b. The right to obtain an income and expense statement of the
other party as provided by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
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In consideration of the conveyance of real estate as above './.ti;t
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described, WIFE hereby agrees to assume and pay in full the
mortgage obligations to PHHG US Mortgage and Dauphin Deposit. WIFE
further agrees and covenants that she will indemnify and hold
HUSBAND harmless from any and all liability, expense, cost, or loss
whatsoever as a result of her nonperformance of any existing
mortgages, or mortgage conditions.
In further consideration of the conveyance of real estate as
above described, WIFE agrees to pay HUSBAND the sum of Thirteen
Thousand Five Hundred ($13,500.00) Dollars which payment shall
occur concurrently with the deed transfer and with the completion
of financing set forth in Paragraph 14. The conveyance shall be
free of all liens and encumbrances except for any covenants and
restrictions of record and the liens of the two existing mortgages
which shall be refinanced and paid in full by WIFE at the time of
conveyance and satisfied of record.
14. ~TARY PAYMENT: In consideration of the distribution
of the marital assets set forth in this Agreement and contingent
upon WIFE's ability to obtain financing in the amount necessary to
payoff the existing mortgages on the marital residence and pay
HUSBAND the sum of $13,500.00, WIFE sgrees to pay HUSBAND said
amount in its entirety upon completion of refinancing. WIFE shall
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be entitled to receive any refunds from mortgage escrow or from "I!rlltfff
principal and interest at the time of refinancing should such
refullds occur.
In the event that WIFE is unable to obtain the financing
aforesaid by .May 1, 1996, then this entire Agreement shall be
declared null and void and all rights and obligations hereunder
shall be terminated, in which event the parties will have such
rights and obligations as they would have had had this Agreement
never been executed, including. but not limited to, all rights and
obligations permitted or allowed under the divorce code, the
parties specifically authorizing the court to hold such hearings
and make such orders pertaining to said rights and obligations as
the Court may deem appropriate, regardless of whether a divorce
decree has previously been entered.
The parties further agree that HUSBAND shall continue to
assume full responsibiHty for the first mortgage until such time
as refinancing by WIFE occurs.
15. PERSONAL PROPERTY: The parties hereto mutually agree
that they have effected a satisfactory division of all personal
property except as herein provided including but not limited to
furniture, household furnishings, appliances and other household
and personal property between them and they mutually agree that
each party shall, from and after the date hereof, be the sole and
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separate owner of all such tangible and
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intangible personal '(!r;)t'(b
property presently in his or her possession, whether said property
was heretofore owned jointly or individually by the parties hereto,
and this Agreement shall hsve the effect of an assignment or bill
of sale from each party to the other for such property as may be in
the individual possession of each of the parties hereto. The
effective date of said bill of sale is to be contemporaneous with
the date of the execution of this Agreement.
All property now in the possession of Wife shall be her
separate property and all personal property now in the possession
of Husband shall be his separate property. Except as expressly
provided herein, each party forever relinquishes any right he or
she may now or hereafter have in any assets now belonging to the
other.
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all of the
property, whether real, personal or mixed, tangible or intangible,
which has been acquired during the marriage, or is hereafter
acquired by him or her, with full power in him or her to dispose of
the same as fully and effectively, in all respects and for all
purposes as though he or she were unmarried. To the extent that
any disagreement exists over the transfer of personsl property, the
parties agree that all items listed on Exhibit "AU attached, shall
be and become the separate property of HUSBAND.
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16. BANI( ACCOUNTS: HUSBAND and WIFE acknowledge that they
each possess certain bank accounts and the like in their reapective
names.
They hereby agree that each shall become sole owner of
their respective accounts and they each hereby waive any interest
in, or claim to, any funds held by the other in such accounts. As
clarification of the foregoing, the parties agree that they
previously have divided their joint savings and chacking accounts
to their mutual satisfaction.
17. MOTOR VEHICLES:
WIFE waives all right, title and
interest she has in the 1992 Chevrolet Lumina Van to HUSBAND. WIFE
further cover.ants and agrees to pay in full the loan obligation due
and owing thereon to Dauphin Deposit upon refinancing pursuant to
Paragraph 14 and to indemnify and hold harmless HUSBAND from
payment of same.
18. PENSION. ANNUITIES AND/OR RETIREMENT BENEFITS: Both
parties agree that any interest the other has acquired through a
pension, 401(k) plan, profit sharing, savings plan, thrift plan,
annuity or retirement plan, including Individual Retirement
Accounts, stock investment plans and deferred compensation plans of
any nature whatsoever, shall remain as the sole and exclusive
property of the other and each party waives any and all interest he
or she may have in such plans of the other. The parties further
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agree to execute any and all documents from time to time to
accomplish the purposes of this paragraph.
By way of further
clarification, WIFE waives all right title and interest she may
have in HUSBAND's retirement plan through AMP and HUSBAND waives
all right, ti~le, and interest he may have in WIFE's retirement
plan with Ross Laboratories.
19. ALIMONY AND ALIMONY PENDENTE LITE:
Husband and Wife
acknowledge and agree that the provisions of this Agreement
providing for the division of theil" marital property are fair,
adequate and satisfactory to them. Husband and Wife further agree
to accept the provisions set forth in this Agreement in lieu of and
in full and final settlement and satisfaction of all claims and
demands that either may now or hereafter have against the other for
equi table distribution of marital property, alimony and alimony
Dendente lite, support, counsel fees, costs, expenses and any right
or obligation arising out of the marital relationship or under the
Pennsylvania Divorce Code.. Each party shall indemnify, defend and
hold the other harmless against any future action for equitable
distribution of marital property, alimony, alimony Dendente lite,
support, counsel fees, costs and expenses, by or on behalf of the
other, such indemnity to include the actual counsel fees of the
successful party in any such future action.
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20. AFTER-ACQUIRED PROPERTY: Each of the parties shall t..t/tg/t1t
hereafter own and enjoy, independently of any claim or right of the
other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her,
with full power in him or her to diopose of the same as fully and
effectively, in all respects and for all purposes as though he or
she were unmarried.
21. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS:
The
parties hereby agree and express their intent that any transfer of
property pursuant to this Agreement shall be within the scope and
applicabili ty of the Deficit Reduction Act of 1984 (hereinafter the
"Act"), specifically, the provisions of said Act pertaining to the
transfers of property between spouses and former spouses. The
parties agree to sign and cause to be filed any elections or other
documents required by the Internal Revenue Service to render the
Act applicable to the transfers set forth in this Agreement without
recognition of gain on such transfer and subject to the carry-over
basis provisions of the said Act.
22. EFFECT OF DIVORCE DECR~:
The parties agree that
except as otherwise specifically provided herein, this Agreement
shall continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties.
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32.
CUSTODY:
WIFE shall have primary physical custody of
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parties' minor children namely; Matthew, age 12 and Amanda, age 9.
HUSBAND shall have periods of temporary physical custody at such
times as are convenient to the parties pursuant to their work
schedules.
The parties agree that they shall, to the extent
possible, accommodate the children's school and outside activities
in determining HUSBAND'S periods of temporary physical custody.
HUSBAND shall, however, have no less than alternating weekend,
temporary physical custody, and alternating holidays which holidays
shall be Easter, Memorial Day, July 4, Labor Day, and Thanksgiving.
HUSBAND shall also enjoy temporary physical custody each and every
Christmas holiday period at times to be agreed upon by the parties.
33. CHILD SUPPORT: HUSBAND shall pay Seven Hundred Fifty
($750.00) Dollars per month for the support of the parties' two
children. HUSBAND further agrees to forward said check directly to
WIFE so that she receives it on or before the 7th day of each
month.
Should WIFE fail to receive her monthly child support
check by the 7th day of any month, WIFE shall, at her option,
commence a support action through the Domestic Relations Office of
the county in which she resides and HUSBAND shall agree to a wage
nttachment.
HUSBAND's support obligation shall commence on the
month immediately following the month in which he makes his last
mortgage payment on the marital home. HUSBAND's obligation shall
continue
pursuant
to
Paragraph
34 of
this
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notwithstanding current support law.
HUSBAND shall provide health insurance coverage for the
benefit of the children so long as he is obligated to contribute to
their support.pursuant to the provisions of this Agreement. The
parties agree that each shall be equally responsible for all
uninsured medical and/or dental expenses of the children. In the
event that neither party is provided wi th employer heal th insurance
coverage for the children, each agrees to divide equally the cost
of providing such health insurance coverage.
WIFE agrees that HUSBAND shall be enti tlad to claim the
deduction for the dependency exemption for the parties son, Matthew
Hellrung, each and every year commencing with the 1996 tax year.
WIFE further agrees to execute Internal Revenue Service Form 8332
or any other declaration required to implement, this paragraph.
34. HIGHER EDUCATION EXPENSES OF THE CHILDREN:
It is the
intention of both parties that their children shall attend an
undergraduate college/trade school if academically able and willing
to do so.
HUSBAND agrees to contribute to the costs of the
ohildrens' undergraduate college/trade school education as follows:
HUSBAND's child support obligation pursuant to the provisions of
this agreement shall continue wi thout interruption until each child
reaches age 23 years. HUSBAND's obligation shall cease upon the
latter of the following events:
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a. when each child reaches the age of 23 years or graduation
from college assuming that graduation occurs within six months of
each child's 23rd birthday.
The amount of support to be paid by HUSBAND to WIFE pursuant
to this paragraph shall be determined by the parties consistent
wi th the support guidelines in existence immediately prior to each
child's formal matriculation into college/trade school which amount
shall be equal to one-half of the then current total support
obligation for the two children.
Once determined prior to the
matriculation into college and/or trade school of Matthew Hellrung,
the support amount due and owing to Matthew shall not increase or
decrease during the period of time in which Father is required to
provide support to him consistent with this paragraph. Nothing in
this paragraph shall prevent modification of the support amount due
and owing to either child prior to their matriculation into college
and/or trade school. Immediately prior to Amanda's matriculation,
the parties will agree to a support amount for her and if agreement
cannot be reached, the support payable as and for Amanda's college
and/or trade school shall be determined consistent with the support
guidelines in effect immediately prior to her matriculation. By
way of illustration, it is possible that HUSBAND's support
obligation to Amanda could be greater than his obligation to
Matthew and may not necessarily be equal to his support payment to
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determined prior to her L//aIt1(.
school shall not increase
Matthew.
Said support amount, once
matriculation into college and/or trade
or decrease during the period of time in which Father is required
to provide support to her consistent with this paragraph.
35. ILA.HJ(RUPT~: The parties hereby agree that the provisions
of this Agreement shall not be dischargeable in bankruptcy and
expressly agree to reaffirm any and all obligations contained
herein. In the event a party files such bankruptcy and pursuant
thereto obtains a discharge of any obligations assumed hereunder,
the other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all
other rights determined by this Agreement shall be subject to court
determination the same as if this Agreement had never been entered
into.
36. INCOME TAX PRIOR RETURNS: The parties have heretofore
filed joint federal and state returns. Both parties agree that in
the event any deficiency in federal, state or local income tax is
propoeed, or any assessment of any such tax is made against either
of them, each will indemnify and hold harmless the other from and
against any loss or liability for any such tax deficiency or
assessment therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failures to
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CORRECTION II
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Previous Image
Refilmed to Correct
Possible Error
(vi) Issue attachment proceedings, directed to the sheriff or
olher proper officer of the county, directing that the person
namad as having failed to comply with the court order be
brought before the court, at such time as the court may
direct. If the Court finds, aller hearing, that the person
willfully failed to comply with the Court Order, It may deem
that person In civil contempt of court and, in II's discretion,
make an appropriate order, Including but not limited to,
commitment of the person to the county Jail for a period
not to exceed six monlhs;
(vII) award counsel fees and costs;
(vIII) attach wages; or
(Ix) find the party In contempt.
11. Petitioner Is prejudiced by former Husband's failure to abide by the
Property Settlement Agreement In that, she Is without sufficient funds to provide for the
parties' children,
WHEREFORE, Petitioner respectfully requests Ihls Honorable Court to schedule
a hearing to address this Petition and, aller hearing, direct the following:
1. The Court shall Order the attachment of Respondent's wages through his
employer, AMP, Inc.. of Harrisburg, Pennsylvania, to be administered through the
Domestic Relations Office of Cumberland County, at Respondent's expense,
2, That within ten (10) d:.'lYs of the date of this Court's Order, the
Respondent shall bring current his share of the uninsured medical and dental expenses
of the children,
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equitable distribution of real and personal property; settling of '(/;~/,~ \
all matters between them relating to the past, present and future ~
,
support, alimony and/or maintenance of WIFE by HUSBAND or of
HUSBAND by WIFE;
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 the premises and of the
mutual promises, covenants and undortakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each intending to be legally bound hereby covenants and
agrees as follows:
1.
SEPARATION:
HUSBAND and WIFE shall at all times
hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they
shall reepectively deem fit, free from any control, restraint or
interference whatsoever by the other. Neither party shall molest
the other or endeavor to compel the other to cohabitate or dwell
with him or her by any legal or other proceedings. The foregoing
provisions shall not be taken to be an admission on the part of
either HUSBAND or WIFE of the lawfulness or unlawfulness of the
causes leading to their living apart.
'- '.
:to
INTERFERENCE: Each
party
shall
be
free
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p/J,tI I
from '1/'-"/'",, i
interference, authority, and contact by the other, as fully as if
he or she were single snd unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabi tate with the other, or in any way harass
or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS:
This Agreement shall not be considered to affect or bar the
right of HUSBAND or WIFE to a limited or absolute divorce on lawful
grounds as such grounds now exist or shall hereafter exist or to
such defense as may be available to either party. This Agreement
is not intended to condone and shall not be deemed to be a
condonation on the part of either party hereto of any act or acts
on the part of the other party which have occasioned the disputes
or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof.
4. SUBSE~UENT DIVORCB: The parties hereby acknowledge that
Wife has filed a Complaint in Divorce in Cumberland County to
Dooket No. 4298 Civil 1995 claiming inter alia that the marriage
i8 irretrievably broken under Section 3301(c) of the Pennsylvania
, '
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{.c.~l/.1lCl'" ,
4\\ I
f7 c+4t' '.
Divorce Code. HUSBAND and WIFE hereby exprssll their agreement that 'i It IY'''t;1
the marriage is irretrievably broken and express their intent to ~
execute any and all Affidavits or other documents necessary for the
parties to obtain an absolute divorce pursuant to Section 3301(c)
of the Divorce Code at the same time as they execute this
Agreement. The parties hereby waive all rights to request court
ordered counseling under the Divorce Code.
It is further
specifically understood and agreed by the parties that the
provisions of this Agreement as to equitable distribution of
property of the parties and alimony, support, alimony Dendente
~, counsel foes, costs and expenses, are accepted by each party
as a final settlement for all purposes whatsoever, as contemplated
by the Pennsylvania Divorce Code.
Should a decree, judgment or order of divorce be obtained by
either of the parties in this or any other state, country or
jurisdiction, each of the parties hereby consents and agrees that
this Agreement and all of its covenants shall not be affected in
any way by such separation or divorce; and that nothing in any
such decree, judgement, order or further modification or revision
thereof shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry. It i8
the specific intent of the parties to permit this agreement to
survive any judgement and to be forever binding and conclusive upon
the parties.
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aff
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and gain from property hereafter eccruing) of the other or egeinst Jl &141. I,
of whatever neture and wheresoever 'fllll'/lQ'l,
I
,
the estate of such other,
situeted, which he or she now hes or at any time hereafter mey heve
egainst the other, the estate of such other or any part thereof,
whether arising out of eny former acts, contracts, engagements or
liebilities of suoh other or by way of dower or oourtesy, or claims
in the nature of dower or courtesy or widow's or widower's rights,
family exemption or similer ellowence, or under the intestete laws,
or the right to take egeinst the spouse's will; or the right to
treet a lifetime conveyence by the other as a testamentary, or all
other rights of IS surviving spouse to perticipate in a deceased
spouse's estete, whether arising under the laws of (e)
Pennsylvenie, (b) any State, Commonwealth or territory for the
United States, or (c) any country or any rights which either party
mey have or at eny time hereafter shall have for past, present or
future support or maintenance, alimony, alimony Dendente ~,
counsel fees, division of property, costs or expenses, whether
arising es e result of the marital relations or otherwise, except,
all rights and agreements and obligations of whetsoever neture
arising or which mey arise under this Agreement or for the breach
of any provisions thereof. It is the intention of HUSBAND and WIFE
to give each other by the execution of this agreement e full,
oomplete and general releese with respect to any and all property
of any kind or nature, whether real, personel, or mixed, which the
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11ll414~
IlN>l ,
other now owns or may hereafter acquire, except and only except all 41t-.w"...~
rights and agreements and obligations of whatsoever nature arising ,.
or which may arise under this Agreement or for tho breaoh of any
provision thereof. It ie further agreed that this Agreement shall
be and constitute a full and final resolution of any and all claims
whioh each of the parties may have against the other for equitable
division of property, support, alimony, counsel fees and expenses,
alimony Dsndente ~ or any other claims pursuant to the
PeMsylvania Divorce Code or tho divorce laws for any other
jurisdiotion.
9. ADVICE or COUNSEL: The provisions of this Agreement I1nd
its legal effeot have been fully explained to the parties by
Charles Rector, Esquire, counsel for WIFE and John W. Frommer,
Esquire, counsel for HUSBAND. HUSBAND and WIFE acknowledge that
this Agreement is not the result of any duress or undue influence
and that it is not the result of any collusion or improper or
illegal agreement or agreements. The parties further acknowledge
that they have each made to the other a full aooounting of their
respective assets, estate, liabilities, and sources of income and
that they waive any speoific enumeration thereof for the purpose of
this Agreement. Each party agrees that he or she shall not at any
future time raise as a defense or otherwise the lack of suoh
disclosure in any legal proceeding involving this Agreement with
" ,. I
the exception of disolosure that may have been
withheld.
Q14
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fraudulentlY'fllftf'IG I,
Each party further agrees to be solely responsible for the
payment of his and her own attorney fees.
10. WARRANTY AS TO EXISTING OBLIGATIONS:
Eaoh
party
represents that they have not heretofore incurred or contracted for
any debt of liability or obligation for which the estate of the
other party may be responsible or liable except as may be provided
for this Agreement. Each party agrees to indemnify and hold the
other party harmless for and against any and all such debts,
liabilities or obligations of every kind which may have heretofore
been incurred by them, including those for necessities, except for
the obligations arising out of this Agreement.
11. WARRANTY AS TO FUTURB OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that with the exception of
obl.igations set forth in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable.
Each perty shall indemnify and hold
harmless the other party for and against any and all debts, charges
and liabilities incurred by the other after the execution date of
this Agreement, except as may be otherwise specifically provided
for by the terms of this Agreement.
, ,
la. DISCLOSURB AND WAIVER or PROCEDURAL RXGHTII Each
understands that he or she has the right to obtain from the
O~\VttI4'"
~I./
party 4/1jlr~ .
other
party a complete inventory or list of all of the property that
either or both parties own at this time or owned as of the date of
separation, and that each party has the right to have all such
prcperty valued by means of appraisals or otherwise. Both parties
understand that they have the right to have a court hold hearings
and make decisions on the matters covored by this agreement. Both
parties understand that a court decision ooncerning the parties'
respective rights and obligations might be different from the
provisions of this Agreement.
Each party hereby acknowledges that this Agreement is fair and
equitable, that it adequately provides for his or her needs and is
in his or her best interests, and that the Agreement is not the
result of any fraud, duress, or undue influence exercised by either
party upon the other or by any person or person upon either party.
Both parties hereby waive the following procedural rights:
a. The right to obtain an inventory and appraisement of all
marital and non-marital property as defined by the Pennsylvania
Divorce Code.
b. The right to obtain an income and expense statement of the
other party as provided by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
"
,
d. The right to discovery as provided by the
Rules of Civil Procedure.
e. The right to have the court determine which property is
o.~41
q\,e\4'+>
Pennsylvania JZ-SJi./
'-ffr flortS
marital and which is non-marital, and equitably distribute between
the parties that property which the court determines to be marital,
and to set as.ide to a party that property which the court
determines to be that parties' non-marital property.
f. The right to have the court decide any other rights,
remedies, privileges, or obligations covered by this Agreement
and/or arising out of the marital relationship, including but not
limited to possible claims for divorce, child or spousal support,
alimony, alimony pendente lite (temporary alimony), equitable
distribution, custody, visitation, and counsel fees, costs and
expenses.
13. DIVISION OF REAL PROPBRTYI
Husband and Wife are owners
as tenants by the entireties of certain real property with
improvements thereon, known as 21 Mayberry Lane, Mechanicsburg,
Cumberland COUI\ty, Pennsylvania which property is marital property.
HUSBAND covenants and agrees to convey to WIFE as her sole and
separate property the above-described real estate and all
furnishings, fixtures, end appurtenances thereto, and hereby
assigns to WIFE his interest in any and all insurance policies
pertaining thereto.
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In consideration of the conveyance of real estate as above u/. ./
T;/f'".~ '
described, WIFE hereby agrees to assume and pay in full the
mortgage obligations to PHHG US Mortgage and Dauphin Deposit. WIFE
further agrees and covenants that she will indemnify and hold
HUSBAND harmless from any and all liability, expense, cost, or loss
whatsoever as a result of her nonperformance of any existing
mortgages, or mortgage conditions.
In further consideration of the conveyance of real estate as
above described, WIFE agrees to pay HUSBAND the sum of Thirteen
Thousand Five Hundred ($13,500.00) Dollars which payment IJhall
occur concurrently with the deed transfer and with the completion
of finanoing set forth in Paragraph 14. The conveyance shall be
free of all liens and encumbrances except for any covenants and
restrictions of record and the liens of the two existing mortgages
which shall be refinanced and paid in full by WIFE at the time of
conveyance and satisfied of record.
14. MONBTARY PAYMENT: In consideration of the distribution
of the marital assets set forth in this Agreement and contingent
upon WIFE's ability to obtain finanoing in the amount necessary to
pay off the existing mortgages on the marital residence and pay
HUSBAND the sum of $13,500.00, WIFE agrees to pay HUSBAND said
amount in its entirety upon completion of refinancing. WIFE shall
.. ,
be entitled to receive any refunds from mortgage escrow or
prinoipal and interest at the time of refinancing should
a~~
411014~
from PttY~
such 'f1lV' ft"
refunds ocour.
In the event that WIFE is unable to obtain the financing
aforesaid by May 1, 1996, then this entire Agreement shall be
declared null and void and all rights and obligations hereunder
shall be terminated, in which event the parties will have such
rights and obligations as they would have had had this Agreement
never been executed, including, but not limited to, all rights and
obligations permitted or allowed under the divorce code, the
parties specifically authorizing the court to hold such hearings
and make such orders pertaining to said rights and obligations as
the Court may deem appropriate, regardless of whether a divorce
decree has previously been entered.
The parties further agree that HUSBAND shall oontinue to
a8sume full responsibility for the first mortgage until such time
a8 refinancing by WIFE occurs.
15. PBRSONAL PROPBRTY: The parties hereto mutually agree
that they have effected a satisfactory division of all personal
property except as herein provided including but not limited to
furniture, household furnishings, appliances and othor household
and personal property between them and they mutually agree that
each party shall, from and after the date hereof, be the sole and
" ,
separate owner of all such tangible and intangible
property presently in his or her possession, whether said
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personal ~~tV r
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property , t
was heretofore owned jointly or individually by the parties hereto,
and this Agreement shall have the effect of an assignment or bill
of sale from each party to the other for such property as may be in
the individual possession of each of the parties hereto. The
effective date of said bill of sale is to be contemporaneous with
the date of the execution of this Agreement.
All propsrty now in the possession of Wife shall be her
separate property and all personal property now in the possession
of Husband shall be his separate property. Except as expressly
provided herein, each party forever relinquishes any right he or
she may now or hereafter have in any assets now belonging to the
other.
Eaoh of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all of the
property, whether real, personal or mixed, tangible or intangible,
which has been acquired during the marriage, or is hereafter
acquired by him or her, with full power in him or her to dispose of
the same aD fully and effectively, in all respects and for all
purposes as though he or she were unmarried. To the extent that
any disagreement exists over the transfer of personal property, the
parties agree that all items listed on Exhibit "An attached, shall
be and become the separate property of HUSBAND.
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pet.".
BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they 'f!t,/~ I'
16.
each possess certain bank accounts and the like in their respective
names.
They hereby agree that each shall become sole owner of
their respective accounts and they each hereby waive any interest
in, or olaim to, any funds held by the other in such accounts. As
olarifioation of the foregoing, the parties agree that they
previously have divided their joint savings and checking accounts
to their mutual satisfaction.
17. MOTOR VEHICLES:
WIFE waives ell right, title and
interest she has in the 1992 Chevrolet Lumina Van to HUSBAND. WIFE
further covenants and agrees to pay in full the loan obligation due
and owing thereon to Dauphin Deposit upon refinancing pursuant to
Paragraph 14 and to indemnify and hold harmless HUSBAND from
payment of same.
18. PENSION. ANNUI~IBS AND/OR RETIREMENT BENBFITS:
Both
parties agree that any interest the other has acquired through a
pension, 401(k) plan, profit sharing, savings plan, thrift plan,
annuity or retirement plan, including Individual Retirement
Accounts, stock investment plans and deferred compensation plans of
any nature whatsoever, shall remain as the sole and exclusive
property of the other and each party waives any and all interest he
or she may have in such plans of the other. The parties further
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(/'tl-
4 \I'a1411
agree to execute any and all documents from time to time to C?- 9/./
accomplish the purposes of this paragraph. By way of further l(~,/~"
clarification, WIFE waives all right title and interest she may
have in HUSBAND's retirement plan through AMP and HUSBAND waives
all right, title, and interest he may have in WIFE's retirement
plan with Rosa Laboratories.
19. ^~IMONY AND ALIMONY PENDENTE LITE:
Husband and Wife
acknowledge and agree that the provisions of this Agreement
providing for the division of their marital property are fair,
adequate and satisfactory to them. Husband and Wife further agree
to accept the provisions set forth in this Agreement in lieu of and
in full and final settlement and satisfaction of all claims and
demandS that either may now or hereafter have against the other for
equitable distribution of marital property, alimony and alimony
Dendente lite, support, counsel fees, costs, expenses and any right
or obligation arising out of the marital relationship or under the
PeMsylvania Divorce Code.. Each party shall indemnify, defend and
hold the other harmless against any future action for equitable
distribution of marital property, alimony, alimony Dendente lite,
support, counsel fees, costs and expenses, by or on behalf of the
other, such indemnity to include the actual counsel fees of the
s\lcces8ful party in any such future aotion.
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4119'"
ao. ArTIR-ACOUIRED PROPERTY I Eaoh of the parties shall~"'"
hereafter own and enjoy, independently of any olaim or right of the'tt1'tlft'
other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her,
with full power in him or her to dispose of the sam~ as fully and
effectively, in all respects and for all purposes as though he or
she were unmarried.
21. APPLICABILITY OF TAX LAW TO PROPBRTY TRANSFERS:
The
parties hereby agree and express their intent that any transfer of
property pursuant to this Agreement shall be within the scope and
applicabili ty of the Deficit Reduction Act of 1984 (hereinafter the
"Aot" ), specHically, the provisions of said Act pertaining to the
transfers of property between spouses and former spouses. The
parties agree to sign and cause to be filed any elections or other
documents required by the Internal Revenue Service to render the
Act applicable to the transfers set forth in this Agreement without
recognition of gain on such transfer and subject to the carry-over
basis provisions of the said Aot.
aa. BrrECT or DIVORCE DECREBI
The parties agree that
except as otherwise speoifically provided herein, this Agreement
shall continue in full force and effect after suoh time as a final
Decree in Divorce may be entered witb respect to the parties.
a3. BREACH:
If either party breaches any provision of this
Agreement, the other party shall have the right, as 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, and the party
breaching this contract shall be responsible for payment of
reasonable legal fees and costs incurred by the other in enforcing
their rights under this Agreement.
a4. WAIVER OF CLAIH~:
Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each
party hereby waives and relinquishes any and all rights he or she
shall now have or hereafter acquire, under the present and future
laws of any juriediotion, to share in the property or the estate of
the other as a result of the marital relationship, including
without limitation, dower, courtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the
Will of the other, and the right to act as administrator or
executor of the other's estate, and each Will, at the request of
the other, execute, acknowledge and deliver allY and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, right and
claims.
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as. ADDITIONAL INSTRUHENTBI Each of the parties shall from ~~~
time to time, at the request of the other, execute, acknowledge and ~,;...
deliver to the other any and all further instruments that may be
reasonably required to give full force and effect to the provisions
of this Agreement.
a9. HODIII'ICATIOIf AND WAIVER: A modification or waiver of any
of the provisions of this Agreement shall be effective only if made
in writing and executed with the same formality as this Agreement.
The failure of either party to insist upon strict performance of
any of the provisions of this Agreement shall not be construed as
a waiver of any subsequent defaults of the same or similar nature.
30. DESCRIPTIVE HEADINGS I
The descriptive headings used
They shall have no affect
herein are for convenience only.
whatsoever in determining the rights or obligations of the parties.
31. APPLICABLB LAW I
This Agreement shall be construed
under the laws of the Commonwealth of Pennsylvania and more
speoifically under the Divorce Code of 1988 and any amendments
thereto.
(L~
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CUSTODY I WIFE shall have primary physical custody of the Il C>-t:{
minor children namely I Matthew, age 12 and Amanda, age 9. Lfltw't;;
.'. .' I
3a.
parties'
HUSBAND shall have periods of temporary physical custody at such
times as are convenient to the parties pursuant to their work
schedules.
The parties agree that they shall, to the extent
possible, accommodate the children's school and outside activities
in determining HUSBAND'S periods of temporary physical custody.
HUSBAND shall, however, have no less than alternating weekend,
temporary physical custody, and al ternaUng holidays which holidays
shall be Easter, Memorial Day, July 4, Labor Day, and Thanksgiving.
HUSBAND shall also enjoy temporary physical custOdy each and every
Christmas holiday period at times to be agreed upon by the parties.
33. CHILD SUPPORT: HUSBAND shall pay Seven Hundred Fifty
($750.00) Dollars per month for the support of the parties' two
chJ,ldren. HUSBAND further agrees to forward said check directly to
WIFE so that she receives it on or before the 7th day of each
month.
Sho'Jld WIFE fail to receive her monthly child support
check by the 7th day of any month, WIFE shall, at her option,
commence a support action through the Domestic Relations Office of
the county in which she resides and HUSBAND shall agree to a wage
attachment. HUSBAND's support obligation shall commence on the
month immediately following the month in which he makeR his last
mortgage payment on the marital home. HUSBAND's obligation shall
,'" ~.,
continue
pursuant
to
paragraph
o.~I~'P
Agreement, ,::P ~ '
/.{II~"~
insurance coverage for the
34
of
this
notwithstanding current support law.
HUSBAND shall provide health
benefit of the children so long as he is obligated to contribute to
their support pursuant to the provisions of this Agreement. (~he
parties agree that esch shall be equally responsible for all
uninsured medical and/or dental ex enses of th
h
In the
.--
event that neither party is provided with employer health insurance
coverage for the children, each agrees to divide equally the cost
of providing such health insurance coverage.
WIFE agrees that HUSBAND shall be entitled to claim the
deduction for the dependency exemption for the parties son, Matthew
Hellrung, each and every year commencing with the 1996 tax year.
WIFE further agrees to execute Internal Revenue Service Form 8332
or any other declaration required to implement this paragraph.
34. HIGHER BDUCATION EXPBNSBS OF THE CHILDRBN:
It is the
intention of both parties that their children shall attend an
undergraduate college/trade school if academically able and willing
to do so.
HUSBAND agrees to contribute to the costs of the
childrens' undergraduate COllege/trade school education as follows:
HUSBAND's child support obligation pursuant to the provisions of
this agreement shall continue without interruption until Elach child
reaohes age 23 years. HUSBAND's obligation shall cease upon the
, .
,'- ,,' I
latter of the following eventsl
a. when each ohild reaches the ago of 23 years or
o.~d 'U~
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graduation ti;tll~
from college assuming that graduation occurs within six months of
each child's 23rd birthday.
The amount of support to be paid by HUSBAND to WIFE pursuant
to this paragraph shall be determined by the parties consistent
with the support guidelines in existence immediately prior to each
child's formal matriculation into college/trade school which amount
shall be equal to one-half of the then current total support
obligation fOJ: the two children.
Once determined prior to the
matriculation into college and/or trade school of Matthew tlellrung,
the support amount due and owing to Matthew shall not increase or
decrease during the period of time in which Father is required to
provide support to him consistent with this paragraph. Nothing in
this paragraph shall prevent modification of the support amount due
and owing to either child prior to their matriculation into college
and/or trade school. Immediately prior to Amanda's matriculation,
the parties will agree to a support amount for her and if agreement
cannot be reached, the support payable as and for ~nanda's college
and/or trade school shall be determined consistent with the support
guidelines in effect immediately prior to her matriculation. By
way of illustration, it is possible that HUSBAND's support
obligation to Amanda could be greater than his obligation to
Matthew and may not necessarily be equal to his support payment to
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Matthew. Said support amount, ones determined prior to her ?t:>tI
Ltr1,I:--
matriculation into college and/or trade school shall not increase ~
or deorease during the period of time in which Father is required
to provide support to her consistent with this paragraph.
35. BANJCRUPTCY: The parties hereby agree that the provisions
of this Agreement shall not be dischargeable in bankruptcy and
expressly agree to reaffirm any and all Obligations contained
herein. In the event a party files such bankruptcy and pursuant
thereto obtains a discharge of any obligations assumed hereunder,
the other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all
other rights determined by this Agreement shall be aubject to court
determination the same ss if this Agreement had never been entered
into.
36. INCOMB TAX PRIOR RETURNS: The parties have herotofore
filed joint federal and state returns. Both parties agree that in
the event any deficiency in federal, state or local income tax is
proposed, or any asaessment of any such tax is made against either
of them, each will indemnify and hold harmless the other from and
against any loss or liability for any such tax deficienoy or
assessment therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failures to
041lr;Il',~r; o~:~r; 7171,97-"777
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-.-Q\lnl, Gun Cablnel, Hunting suppllea, 8ow, Tr.eatand
fk!.im" (FI.hlng rod & Tack.l)
~lm'l (T.nnll Racket, Bowling Ball, Goll Club.)
~(2) Heavy Duty S,..I Sh.lvS6
~Old Chll' or Craw.. With MisC. Supplies
tl. -1'ower Hand T 0018
,~ Edge trimmer
~...Hand Lawn Mower
D"-+iand Gardlln Tool.
.,..-Wheel Barrow
ell/Work Mate
0" .oog Pen
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EXHIBIT
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_1<11"'-" t.WlI1 "-"AVlAWl~ 9, \9'17
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. g~-4298 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ANN E. HELLRUNG,
Plaintiff
JAMES D. HELLRUNG,
Defendant
PITITIOM TO KODIry SUPPORT
TO TBI BOHORABLI, TBI JUDGIS or SAID COURTI
1. Petitioner is James D. Hellrung residing at 4581 sequoia
Drive, Apt. B-303, Harrisburg, Pennsylvania.
2. Respondent is Ann E. Hellrung residing at 21 Mayberry Lane,
Mechanicsburg, Pennsylvania.
3. The parties are the parents of Matthew Paul Hellrung and
Amanda Jo Hellrung.
4. The parties entered into a Property Settlement Agreement on
April 18, 1996.
5. Paragraph 33 of the Agreement provides in part, "Husband
ehall pay $750 per month for the support of the parties' two
children. "
6. Paragraph 5 of the Agreement reads as follows: "The parties
acknowledge that this Agreement may be enforced to the same extent as
though it had been an Order of the court, and the parties hereby
expre.sly invo~e and acknowledge the applicability of Section 3105 of
the Pennsylvania Divorce Code in furtherance hereof."
7. 23 Pa.C.S.A. S3105(b) indicates: "A provision of an
agree~ent regarding child support, visitation or custody shall be
.ubject to modification by the court upon a showing of changed
circum.tance.. II
8. There haG been a change of circumstances since the parties
entered into their Property Settlement Agreement on April 18, 1996.
9. At the time the parties entered into the Property Settlement
Agreement, the partie.' children were attending summer camp on a
yearly ba.is. The cost of the summer camp was $1,200 per child.
Petitioner agreed to be responsible for one-half of the summer camp
costs.
10. At the time the Property Settlement Agreement was entered,
Petitioner's guideline obligation would have been $650 per month.
Based on his decision to contribute towards one-half of the children's
summer camp expenses, he added an additional $100 per month to his
guideline obligation.
11. The parties' children no longer will attend summer camp.
since these costs no longer exist there has been a change in
circumstances warranting a decrease in Petitioner'S support
obligations for his minor children.
WHEREFORE, it is respectfully requested that thi. Court enter an
order modifying Petitioner's child support obligation tor his minor
children.
8MIOIIL,.
Date I October 9, 1997
,
,
By:'
Attorney for Petitioner
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9. JlUnlllruph 5 Mthc Addcllllum provldcs thutthc "Agrcemcnt shull in ull rcspccts, cxccpt
us hcrein sct forth, rcmuin cntllrccublc pursuuntto Scction 3105 oftbc Pcnnsylvuniu Divorcc Codc.
10. 23 Pu,('.S,A, ~31 05(b) indicutcs: "A provislunof un ugrccmcnt rcgurding child support,
visitutionor custody shull bc subjcct tomudi Iicutioll by thc court upon u showing of chungcd
circumstunccs."
11. Thcrc has bccn a chungc of circumstunccs sincc thc partics' April 18, 1996 Propcrty
Scttlcment Agrecmcnt and Fcbruary 13, 199!l amcndcd agrccmcnt.
12. Atthc time thc parties cntcrcd into thc Property Scttlcmcnt Agrcemcnt and also atthc
timc the parties cntcred into thc Add~'ndumto Propcrty Selllemcnt Agreemcnt, Dcfcndant wus cmploycd
by AMP, Incorporatcd.
13. On April 29, 1999 Dcfcndant was tcrminatcd from his cmploymcnt with AMP,
Incorporated. This tcnnination was as a rcsult of Tyco taking over AMP.
14, Defcndant has bcen searching for ncw employment but has bccn unsuccessful.
15. Defendant received sevcrance pay and uncmploymcnt compensation following his
tcnninution.
16, Defcndant has continued to pay support per thc temlS of the parties' amended agreement.
17. Defendant is no longer l)ualilied to reecivc unemployment compensation. Defendant's
severance payments wcrc allocatcd fllr a pcriod of 35 wccks. Thc 35-week period will conclude on or
about the weck of Dccember 27, !999.
18. Beginning January 1,2000, Dcfendant will be unable to continue making child support
payments per the February 13. 1998 agrecment. Defendant will have no source of income until he finds
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obligation of $740,00 per month, The parties rounded orr thl8 figure to $750,00 per
month In their Property Selllement Agreemonl (soe EMhlblt"A" ollached).
10. Denied. Ills denied that otthe limo the Property Sollloment Agreement
was entered Into Petllloner's guideline obllgollcm would havo boon $650,00 per month
and proof thereof Is demllnded, It Is further denied that Pelllloner at any lime has
contributed to the chlldrens' summer camp eMpenses or has paid $100,00 per month
towards those eMpenses snd proof thereor Is demanded. By way of further answer,
Defendant's guideline obllgallon on the dote the parties eMecuted their Property
Selllement Agreament Is Irrelevent Inasmuch os they ogreed to the amount of $750,00
per month snd no chenge of circumstances hos occurred.
11, Denied, Ills denied that the parties' children will no longer allend
summer camp and proof thereof Is demonded. Ills further denied lhatthe chlldrens'
allendance at summer camp was a condlllon upon which the amount of child support
contained In the Property Selllement Agreement was based and proof thereof Is
domanded and the same Is deemed denied.
WHEREFORE, Respondent, Ann E. Hellrung, respectfully requests that Your
Honorable Court dismiss, with preJudice, the Petition to Decrease Support,
12,
forth In full,
QQUNTERCLAIM
Conte mot
Paragraphs 1 through 11 are Incorporated herein by reference as If set
18, Plelnllff, Ann E, Hellrung, end her minor child Amanda are prejudiced by
husband's conllnued failure to abide by the Property Setllement Agresmentln partlcl.:lar,
his refusal, despite their Property Setllltment Agreed end Your Honorable Court's
subsequent Order or June 3, 1997, to provide health Insurance coverage for Amanda.
19. 23 Pa.C,SA S 3502(e) empowere the Court to, Inter alia:
(vII) IWlrd Cloun..' f..1 Ind cOlli;
(hI) find Ih. plrty In conl.mpl,
20, Defendant, James D, Hellrung, despite the clear language of the parties'
Property Setllement Agreement requiring him to provide health Insurance for b.Q\b
chltdren hRS refused to comply with same and has further disregarded his representallon
to Your Honorable Court and Your Order of June 3, 1997, that he would voluntarily
comply with the Agreement and provide health Insurance coverage for b.Q\b children.
WHEREFORE, Plaintiff, Ann E. Hellrung, respectfully requests this Honorable
Court:
a) Issue a Qualified Medical Child Support Order consistent with Exhibit "C"
altached;and
b) Adjudicate Defendant In contempt of Your Honorable Court's Ordsr of
Juno 3, 1997, and Order him to pay counsel fees to Plaintiff In ths amount
of One Thousand ($1,000.00) Doltars.
RESPECTFULLY SUBMITTED,
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Charlee Rector, Esquire
1104 Fernwood Avenue, Sle. 203
Camp HIli, PA 17011.6912
(717) 761.8101
Attorney for Plaintiff
BMIUilL, ANDERSON .& BACKS
MTO"NIY. AT LAW
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\"I"OY '''''JOIU.
C, loll ,1."'01.'''0'"'
ITU","" G. ...C'"
JOHN W. ""OM""I"
..1011'11., D'"h4ICO
"HN V. I.IVIN
181? No"'I'''' r"ONT 6'''IIT
HA,,"'alU"O. PCNN.Y~VANIA 17110.1223
\717} U"'R..OI
4494-1-4
'ILINO,
october 9, 1995
Charles Rector, Esquire
costopoulos, Fielda , Foster
831 Market street
Lemoyne, PA 17043
REI Hellrung v. Hellrung
Dear Charlie:
I have recently completed a support guideline analysis in the
above referenced divorce. It appear.s that Jim and Ann'S monthly
net income is relativelY equal, taking into con~ideration Ann's
bonuS income. Given thi~ situation, each party's child support
obligation is approximatelY $740.00 per month. Neither party is
therefore el igible for spousal support. It is my undermtanding
that Mr. Hellrung is making the monthly mortgage payment of
$1,701.00, thus contributing more than he would be required to in
a support action. In light of this, I will not be spending any
mon time on support until the c\.1stody issue 15 resolved.
I would like to reiterate my feelings that the parties
participate in family counselling in an eUort to resolve the
custody issue that will inevitably arise. In a situation such as
this, it is my experience that these family issues will worsen with
time, thus making It very important for the family members to begin
counselling as early on in the divorce as possible. Please confer
with your client with regard to this issue and get back to me
within the next week. 'l'ogetner, ~Ie can then recommend a suitable
psychologist.
Thank you tor your anticipated cooperation in this matter.
JWFIHDR/bes
CCI Mr. James He:\.lrung
EXHIBIT
~
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ANNE I!, HELLRUNG,
Petitioner/plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV~IA
95.4298 CIVIL TERM
CIVIL ACnON . LAW
IN DIVORCE
VI,
JAMES D. HELLRUNO,
Rcspondenl/ddendant
'N RE: PE1ITION TO ENFORCE PROPERTY SirrfLEMEN.'I' AGREEMENT
ORDER
AND NOW, this
1:1
day of June, 1997, the respondent/defendant having
indicated that he will cover the children of the panles under his medical insurance and that he
will oontlnue to pay unreimbursed medical cllpenses upon request and that he has otherwise been
in substantial compliance WIth the property settlement alireement of the parties dated April 18,
1996, the petition of the plaintiff for enforcement of said property settlement agreement is
DISMISSED,
BY THE COURT,
Charles Rector, Esquire
For the Petitioner/plaintiff
John W. Frommer, Esquire
For the Respondent/defendant
4(~. ,A /4
7 A. Hess, J,
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I!XHIBIT
--1L-
ANN E. HELLRUNG,
Plalnllff
V.
JAMES D. HELLRUNG,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-429& CIVIL TERM
CIVIL ACTION - LAW
: IN DIVORCE
QUALIFIED MEDICAL CHILD SUPPORT ORDER
It Is hereby ordered In conjuncllon with the disposition of the above-captlonsd
matter that AMP Incorporated provided health care plan benefits In accordance with the
applicable requl,'ements of this "qualified medical child support order" commencing
December 6,1997 (the "Determlnallon Dats"). It Is the Intention of the parties to this
acllon and of the Court that Ihls Order conslltute a "qualified medical child support order"
(OMCSO), as such term Is defined In Secllon 609(a) of the Employee Rellrement
Income Security Act of 1874, as amended ("ERISA"), and that It be Interpreted and
administered In a manner consistent with the requirements of ERISA,
1. This order relates to benefit coverage under the AMP Incorporated Health
Care Benefits (the "Plan") administered by Capital Blue Cross/Pennsylvania Blue Shield
or a Health Maintenance Organization for AMP Incorporated, This order cannot require
the Plan to provide any benefits not currently being provided by the Plan.
2, James D. Hellrung, Social Security Number 190-44-1037, herelnaftsr
referred to as the "Employee," Is a participant In the Plan, with a last known mailing
address of 4561 Sequoia Drive, Apt. B-303, Harrisburg, Pennsylvania.
~
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EXHIBIT
c..
3. Amanda Jo Hellrung, Soclsl Security Number 180-72-2553, hereinafter
refsrred to as the "Alternate Recipient," has a date of birth of May 11, 1986, with a last
known address of 21 Mayberry Lane, Mechsnlcsburg, Pennsylvania, and Is a child of
Employee.
4, The parties to this action recognize that, under the tsrms of the Plan, no
order requiring AMP to extend coverage would be required If the Employee claims the
Alternate Recipient as a dependent for Income tax purposes, because In such cases ths
Alternate Recipient meets the Plan's definition of dependent and could be enrolled at
minimal or no out-of-pocket cost to the Employee, but neverthelass opt to obtain Plan
coverage for the Alternate Recipient pursuant to this OMeSO,
5. Ann E, Hellrung, Social Security Number 166-52-4889, hereinafter
referred to as the "Dsslgnated Representative" (custodial parent) of the Alternate
Recipient, with a last known mailing address of 21 Mayberry Lane, Mechanlcsburg,
Pennsylvania, will receive copies of notices and other material that may be sent to the
Alternate Recipient with respect to this medical child support order.
6. As of the Determination Data, the Employes has elected the group health
care coverage under Plan B, The Alternats Recipient Is to be enrolled as of the
Determination Date In the same coverage as the Employee and the Employee named In
this Ordsr will be responsible for the entire cost (I&. not Just the otherwise applicable
employee portion of the cost but for the full AMP plus employee cost) of coverage for the
Alternate Recipient under separate contract. That Is, If one Alternate Recipient Is
named, ths cost of a separate single contract will be paid by the Employee; If two
Alternate Recipients are named, the cost of a separate two-party contract will be paid by
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decreed that,.... .,.. ".. .I'\nr:. E,', .H'!l.1l.~':I~9.,.,..,.........,.. plaintiff,
and ...,..... , . , . , . , , , J ~,m~s. ?,'. . ~~ll~U~9. , . . . . , , . . . . , , , . . . '. 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; NONE
The written Property Settlement Agreement executed by the parties
. , , . , Pr1. 4J.1~/'HJ. ~/l. j:ll:,tj:l~n~. )1~.rP.tP.,. I'\<l.r)<~. .f;x)1.i.b.i.t, .",...... MJ,d, .i)'l,c.o.rp,qr,a.t.eR . . .
into this decree in divorce for enforcement purposes only
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equitable distribution of real and personal property; settling of ~;/~;lr,
all matters between them relating to the past, present and future
support, alimony and/or maintenance of WIFE by HUSBAND or of
HUSBAND by WIFE;
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 the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each intending to be legally bound hereby covenants and
agrees as follows:
1.
SBPARATION:
HUSBAND and WIFE shall at all times
hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they
shall respectively deem fit, free from any control, restraint or
interference whatsoever by the other. Neither party shall molest
the other or endeavor to compel the other to cohabit ate or dwell
with him or her by any legal or other proceedings. The foregoing
provisions shall not be taken to be an admission on the part of
either HUSBAND or WIFE of the lawfulness or unlawfulness of the
causes leading to their living apart.
2.
INTERFERENCE I Each
party
shall
be
free
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from 4/t,l/9,
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabitate with the other, or in any way harass
or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS:
This Agreement shall not be considered to affect or bar the
right of HUSBAND or WIFE to a limited or absolute divorce on lawful
grounds as such grounds now exist or shall hereafter exist or to
such defense as may be available to either party. This Agreement
is not intended to condone and shall not be deemed to be a
condonation on the part of either party hereto of any act or acts
on the part of the other party which have occasioned the disputes
or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof.
4. SUBSEOUEN~IVORCE: The parties hereby acknowledge that
Wife has filed a Complaint in Divorce in Cumberland County to
Docket No. 4298 Civil 1995 claiming inter alia that the marriage
is irretrievably broken under Section 3301(c) of the Pennsylvania
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Divorce Code. HUSE'AND and WIFE hereby express their agreement that 'l /I 4'/96
the marriage is irretrievably broken and express their intent to
execute any and all Affidavits or other documents necessary for the
parties to obtain an absolute divorce pursuant to Section 3301(c)
of the Divorce Code at the same time as they execute this
Agreement. The parties hereby waive all rights to request court
ordered counseling under the Divorce Code.
It is further
specifically understood and agreed by the parties that the
provisions of this Agreement as to equitable distribution of
property of the parties and alimony, support, alimony Q!illden~
~, counsel fees, costs and expenses, are accepted by each party
as a final settlement for all purposes whatsoever, as contemplated
by the pennsylvania Divorce Code.
Should a decree, judgment or order of divorce be obtained by
ei ther of the parties in this or any other state. country or
jurisdiction, each of the parties hereby consents and agrees that
this Agreement and all of its covenants shall not be affected in
any way by such separation or divorce; and that nothing in any
such decree, judgement, order or furthor modification or revision
thereof shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry. It is
the specific intent of the parties to permit this agreement to
survive any judgement and to be forever binding and conclusive upon
the parties.
5.
J!;NFORCJ!:MIDIT
The
parties
acknowledge
that
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Agreement may be enforced to the same extent as though it had been
an Order of the Court, and the partie~ hereby expressly invoke and
acknowledge the applicability of Section 3105 of the Pennsylvania
Divorce Code in furtherance hereof.
6.
EFFECT:1VE DATE:
The effective date of this Agreement
shall be the "date of execu-cion" or execution date," defined as the
date upon which it is executed by the parties if they have each
executed this Agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined
as the date of execution by the party last executing this
Agreement.
7. DIBTRXBUTION DATE: The transfer of property, funds
and/or documents provided for herein, shall only take place on the
"distribution" date which shall be dHfined as the date of execution
of this Agreement unless otherwise specified herein.
8.
MUTUAL RE~SE:
HUSBAND and WIFE each do hereby
mutually remise, release, quit-claim and forever discharge the
other and the estate of such other, for all time to come, and for
all purposee whatsoever, of and from any and all rights, title and
interest, or claims in or against the property (including income
and gain from property hereafter accruing) of the other or ~gainBt
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the estate of such other, of whatever nature and wheresoever
situated, which he or she now hss or at any time hereafter may have
against the other, the estate of such other or any part thereof,
whether arising out of any former acts, contracts, engagements or
liabili ties of such other or by way of dower or courtesy, or claims
in the nature of dower or courtesy or widow's or widower's rights,
family exemption 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 a testamentary, or all
other rights of a surviving spouse to participate in a deceased
spouse I S estate,
whether arising under the laws of
(a)
pennsylvania, (b) any State, commonwealth or territory for the
United States, or (c) any country or any rights which either party
may have or at any time hereafter shall have for past, present or
future support or maintenance, alimony, alimony pendente 11 te.,
counsel fees, division of property, costs or ellpenses, whether
arising as a result of the marital relations or otherwise, except,
all rights and agreements and obligations of whatsoever nature
arising 0:1: which may arise under this Agreement or for the breach
of any provisions 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, whether real, personal, or mixed, which the
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other now owns or may hereafter acquire, except and only except all / .,j
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rights and agreements and obligations of whatsoever nature arising
or which may arise under this Agreement or for the breach of any
provision thereof. It is further agreed that this Agreement shall
be and constitute a full and final resolution of any and all claims
which each of the parties may have against the other for equitable
division of property, support, alimony, counsel fees and expenses,
alimony Dendente ~ or any other claims pursuant to the
Pennsylvania Divorce Code or the divorce laws for any other
jurisdiction.
9. ADVICE OF COY~: The provisions of this Agreement and
its legal effect have been fully explained to the parties by
Charles Rector, Esquire, counsel for WIFE and John W. Frommer,
Esquire, counsel for HUSBAND. HUSBAND and WIFE acknowledge that
this Agreement is not the result of any duress or undue influence
and that it is not the result of any collusion or improper or
illegsl agreement or agreements. The parties further acknowledge
that they have each made to the other a full accounting of their
respective assets, estate, liabilities, and sources of income and
that they waive any specific enumeration thereof for the purpose of
this Agreement. Each party agrees that he or she shall not at any
future time raise as a defense or otherwise the lack of such
disclosure in any legal proceeding involving this Agreement with
the exception of disclosure that may have
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fraudulently /.flt't'l.}'lt:.
been
withheld.
Each party further agrees to be solely responsible for the
payment of his and her own attorney feos.
10. WARRANTY AS TO EXISTI~-9BLIGAT~:
Each
party
represents that they have not heretofore incurred or contracted for
any debt of liability or obligation for which the estate of the
other party may be responsible or liable except as may be provided
for this Agreement. Each party agrees to indemni fy and hold the
other party harmless for and against any and all such debts,
liabilities or obligations of every kind which may have heretofore
been incurred by them, including those for necessities, except for
the obligations arising out of this Agreement.
11. WARRANTY AS TO FUTURE OBLIGATIONS I HUSBAND
and
WIFE
covenant, warrant, represent and agree that with the exception of
obligations set forth in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable.
Each party shall indemnify and hold
harmless the other party for and against any and all debts, charges
and liabilities incurred by the other after the execution date of
this Agreement, except as may be otherwise specifically provided
for by the terms of this Agreement.
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12. DISCLOSURE AND WA~VEB-2f~OCEDURAL ~~~: Each
!Jl-'FJof../
party tf/ll/.,.(..
other
understands that he or she has the right to obtain from the
party a complete inventory or list of all of the property that
either or both parties own at this time or owned as of the date of
separation, and that each party has the right to have all such
property valued by means of appraisals or otherwise. Both parties
understand that they have the right to have a court hold hearings
and make decisions on the matters covered by this agreement. Both
parties understand that a court decision concerning the parties'
respective rights and obligations might be different from the
provisions of this Agreement.
Each party hereby acknowledges that this Agreement is fair and
equitable, that it adequately provides for his or her needs and is
in his or her best interests, and that the Agreement is not the
result of any fraud, duress, or undue influence exercised by either
party upon the other or by any person or person upon either party.
Both parties hereby waive the following procedural rights:
a. The right to obtain an inventory and appraisement of all
marital and non-marital property as defined by the Pennsylvania
Divorce Code.
b. The right to obtain an income and expense statement of the
other party as provided by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
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d. The right to discovery as provided by the
Rules of Civil Procedure.
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e. The right to have the court determine which property is
mari tal and which is non-marital, and equitably distribute between
the parties that property which the court determines to be marital,
and to set aside to a party that property which the court
determines to be that parties' non-marital property.
f. The right to have the court decide any other rights,
remedies, privileges, or obligations covered by this Agreement
and/or arising out of the marital relationship, including but not
limited to possible claims for divorce, child or spousal support,
alimony, alimony pendente lite (tl".mporary alimony), equitable
distribution, custody, visitation, and counsel fees, costs and
expenses.
13. DIVISION OF REAL PROPERTY:
Husband and Wife are owners
as tenants by the entireties of certain real property with
improvements thereon, known as 21 Mayberry Lane, Mechanicsburg,
Cumberland County, Pennsylvania which property is marital property.
HUSBAND covenants and agrees to convey to WIFE as her sole and
separate property the above-described real estate and all
furnishings, fiKtures, and appurtenances thereto, and hereby
assigns to WIFE his interest in any and all insurance policies
pertaining thereto.
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In consideration of the conveyance of real estate as above
described, WIFE hereby agrees to assume and pay in full the
mortgage obligations to PHHG US Mortgage and Dauphin Deposit. WIFE
further agrees and covenants that she will indemnify and hold
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HUSBAND harmless from any and all liability, expense, cost, or loss
whatsoever as a result of her nonperformance of any existing
mortgages, or mortgage conditions.
In further consideration of the conveyance of real estate as
above described, WIFE agrees to pay HUSBAND the sum of Thirteen
Thousand Five Hundred ($13,500.00) Dollars which payment shall
occur concurrently with the deed transfer and with the completion
of financing set forth in Paragraph 14. The conveyance shall be
free of all liens and encumbrances except for any covenants and
restrictions of record and the liens of the two existing mortgages
which shall be refinanced and paid in full by WIFE at the time of
conveyance and satisfied of record.
14. MONETARY PAYMENT: In consideration of the distribution
of the marital assets set forth in this Agreement and contingent
upon WIFE's ability to obtain financing in the amount necessary to
payoff the existing mortgages on the marital residence and pay
HUSBAND the sum of $13,500.00, WIFE agrees to pay HUSBAND said
amount in its entirety upon completion of refinancing. WIFE shall
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be entitled to receive any refunds from mortgage escrow or
principal and interest at the time of refinancing should
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from y<:1l/
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suc rG,
rsfunds occur.
In the event that WIFE is unable to obtain the financing
aforesaid by May 1, 1996, then this entire Agreement shall be
declared null and void and all rights and obligations hereunder
shall be terminated, in which event the parties will have such
rights and obligations as they would have had had this Agreement
never been executed, including, but not limited to, all rights and
obligations permitted or allowed under the divorce code, the
parties specifically authorizing the court to hold such hearings
and make such orders pertaining to said rights and obligations as
the Court may deem appropriate, regardless of whether a divorce
decree has previously been entered.
The parties further agree that HUSBAND shall continue to
assume full responsibility for the first mortgage until such time
as refinancing by WIFE occurs.
15. PERSONAL PROPERTY: The parties hereto mutually agree
that they have effected a satisfactory division of all personal
property eKcept as herein provided including but not limited to
furniture, household furnishings, appliances and other household
and personal property between them and they mutually agree that
each party shall, from and after the date hereof, be the sole and
separate owner of all such tangible and intangible personal
property presently in his or her possession, whether said property
was heretofore owned jointly or individually by the parties hereto,
and this Agreement shall have the effect of an assignment or bill
of sale from each party to the other for such property as may be in
the individual possession of each of the parties hereto. The
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effective date of said bill of sale is to be contemporaneous with
the date of the execution of this Agreement.
All property now in the possession of Wife shall be her
separate property and all personal property now in the possession
of Husband shall be his separate property. Except as expressly
provided herein, each party forever relinquishes any right he or
she may now or hereafter have in any assets now belonging to the
other.
Each of the parties shall hereafter own and enjoy /
independently of any claim or right of the other, all of the
property, whether real, personal or mixed, tangible or intangible,
which has been acquired during the marriage, or is hereafter
acquired by him or her, with full power in him or her to dispose of
the same as fully and effectively, in all respects and for all
purposes as though he or she were unmarried. To the extent that
any disagreement exists over the transfer of personal property, the
parties agree that all items listed on Exhibit "A" attached, shall
be and become the separate property of HUSBAND.
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16. BANK ACCOUNT~1 HUSBAND and WIFE acknowledge that they '{II S/?t:
each possess certain bank accounts and the U.ke in their respective
names.
They hereby agree that each shall become sole owner of
their respective accounts and they each hereby waive any interest
in, or claim to, any funds held by the other in such aCQ~unts. As
clarification of the foregoing, the parties agree that they
previously have divided their joint savings and checking accounts
to their mutual satisfaction.
17. ~OTOR VEHICLES I
WIFE waives all right, title and
interest she has in the 1992 Chevrolet Lumina Van to HUSBAND. WIFE
further covenants and agrees to pay in full the loan obligation due
and owing thereon to Dauphin Deposit upon refinancing pursuant to
paragraph 14 and to indemnify and hold harmless HUSBAND from
payment of same.
18. PENSION , ANNUITIES AND/OR RETIREMENT BENEFITS: Both
parties agree that eny interest the other has acquired through a
pension, 401(k) plan, profit sharing, savings plan, thrift plan,
annuity or retirement plan, including Individual Retirement
Accounts, stock investment plans and deferred compensation plans of
any nature whatsoever, shall remain as the sole and exclusive
property of the other and each party waives any and all interest he
or she may have in such plans of the other. The parties further
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agree to execute any and all documents from time to time to cr f)l../
accomplish the purposes of this paragraph. By way of further 'i/lf/?6
clarification, WIFE waives all rj,ght title and interest she may
have in HUSBAND'S retirement plan through AMP and HUSBAND waives
all right, title, and interest he may have in WIFE's retirement
plan with Ross Laboratories.
19. ALIMONY AND ALIMONY PENDENTE LITE:
Husband and Wife
acknowledge and agree that the provisions of this Agreement
providing for the division of their mad tal property are fair,
adequate and satisfactory to them. Husband and Wife further agree
to accept the provisions set forth in this Agreement in lieu of and
in full and final settlement and satisfaction of all claims and
demands that either. may now or hereafter have against the other for
equitable distribution of marital property, alimony and alimony
pendente lite, support, counsel fees, costs, expenses and any right
or obligation arising out of the marital relationship or under the
Pennsylvania Divorce Code.. Each party shall indemnify, defend and
hold the other harml.ess against any future action for equitable
distribution of marital property, alimony, alimony Qendeutt. lite,
support, counsel fees, costs and expenses, by or on behalf of the
other, such indemnity to include the actual counsel fees of the
succeseful party in any such future action.
20. AFTt:R-ACQYIRJ;P_._J.'..RQ~'1''''1 Each of
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the parties shall ~l'"
claim or right of the '1lrfl?e
hereafter own and enjoy, indopondently of any
other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her,
with full power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes as though he or
she were unmarried.
21. RfPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS:
The
parties hereby agree and express their intent that any transfer of
~roperty pursuant to this Agreement shall be within the scope and
applicability of the Deficit Reduction Act of 1984 (hereinafter the
"Act" ), specifically, the provisions of said Act pertaining to the
transfers of property between spouses and former spouses. The
parties agree to sign and cause to be filed any elections or other
documents required by the Internal Revenue Service to render the
Act applicable to the transfers set forth in this Agreement without
recognition of gain on such transfer and subject to the carry-over
basis provisions of the said Act.
22. EFFECT OF DIVORCE ~CREE:
The parties agree that
except as otherwise specifically provided herein, this Agreement
shall continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties.
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23.
BREACH:
If either party breaches any provision of this
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Agreement,
the other party shall have the right, as his or her
election to sue for damages for such breach or seek sllch other
r.emedies or relief as may be available to him or her, and the party
breaching this contract shall be responsible for payment of
reasonable legal fees and costs incurred by the other in enforcing
their rights under this Agreement.
24. WAIVER OF CLAIMS:
Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each
party hereby waives and relinquishes any ~nd all rights he or she
shall now have or hereafter acquire, under the present and future
laws of any jurisdiction, to share in the property or the estate of
the other as a result of the marital relationship, including
without limitation, dower, courtesy, statutory allowance, widow's
allowance, right to take in int.estacy, right to take against the
Will of the other, and the right to act as administrator or
executor of the other's estate, and each Will, at the request of
the other, execute, acknowledge and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, right and
claims.
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28. ftPPITIONAL INSTRUM!NTSl Each of the parties ~hall from ~~~
time to time, at the request of the other, execute, acknowledge and tr;lv/~
deliver to the other any and all further instruments that may be
reasonably required to give full force and effect to the provisions
of this Agreement.
29. MODIFICATION AND WAIV!R: A modification or waiver of any
of the provisions of this Agreement shall be effeotive only if made
in writing and executed with the same formality as this Agreement.
The failure of either party to insist upon strict performance of
any of the provisions of this Agreement shall not be construed as
a waiver of any subsequent defaults of the same or similar nature.
30. DESCRIPTIVE HEADINGS:
The descriptive headings used
They shall have no affect
herein are for convenience only.
wha~soever in determining the rights or obligations of the parties.
31. APPLICABLE LAW:
This Agreement shall be construed
under the laws of the Commonwealth of Pennsylvania and more
specifically under the Divorce Code of 1988 and any amendments
thereto.
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32. CUSTODY: WIFE shall have primary physicel custody of the 1'1 .,t..
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parties' minor children namely; Matthew, age 12 end Amanda, age 9. 1.((1g/Y;;
HUSBAND shall have periods of temporary physical custody at such
times as are convenient to the parties pursuant to their work
schedules.
The parties agree that they shall, to the eKtent
possible, accommodate thp. children's school and outside activities
in determining HUSBAND'S periods of temporary physical custody.
HUSBAND shall, however, hsve no less than alternating weekend,
temporary physical custody, and al ternating holidays which holidays
shall be Easter, Memorial Day, July 4, Labor Day, and Thanksgiving.
HUSBAND shall also enjoy temporary physical custody each and every
Christmas holiday period at times to be agreed upon by the partip.s.
33. CHILD SUPPO~T: HUSBAND shall pay Seven Hundred Fifty
($750.00) Dollars per month for the support of the parties' two
children. HUSBAND further agrees to forward said check directly to
WIFE so that she receives it on or before the 7th day of each
month.
Should WIFE fail to receive her monthly child support
check by the 7th day of any month, WIFE shall, at her option,
commence a support action through the Domestic Relations Office of.
the county in which she resides and HUSBAND shall agree to a wage
attachment. HUSBAND's support obligation shall commence on the
month immediately following the month in which he makes his last
mortgage payment on the marital home. HUSBAND's obligation shall
continue
pursuant
to
paragraph
34 of
this
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notwithstanding current support law.
HUSBAND shall pt'OV ide heal th insurance coverage for the
benefit of the children so long as he is obligated to contribute to
their support pursuant to the provisions of this Agreement. The
parties agree that each shall be equally responsible for all
uninsured medical and/or dental eKpenses of the children. In the
event that neither party is provided with employer health insurance
coverage for the children, each agrees to divide equally the cost
of providing such health insurance coverage.
WIFE agrees that HUSBAND shall be entitled to claim the
deduction for the dependency eKemption for the parties son, Matthew
Hellrung, each and every year commencing with the 1996 taK year.
WIFE further agrees to eKecute Internal Revenue Service Form 8332
or any other declaration required to implement this paragraph.
34. HIGHER EDUCATION EXPENSES OF THE CHILDREN:
It is the
intention of both parties that their children shall attend an
undergraduate collegp./trade school if academically able and willing
to do so.
HUSBAND agrees to contribute to the costs of the
childrens' undergraduate college/trade school education as follows:
HUSBAND's child support obligation pursuant to the provisions of
thi3 agreement shall continue without interruption until each child
reaches age 23 years. HUSBAND's obligation shall cease upon the
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latter of the following events:
a. when each child reaches the age of 23 years or
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graduation 4/01(/(5
from college assuming that graduation occurs within sill months of
each child's 23rd birthday.
The amount of support to be paid by HUSBAND to WIFE pursuant
to this paragraph shall be determined by the parties consistent
with the support guidelines in eKistence immediately prior to each
child's formal matriculation into college/trade school which amount
shall be equal to one-half of the then current total support
obligation for the two children.
Once deter'mined prior to the
matriculation into college and/or trade school of Matthew Hellrung,
the support amount due and owing to Matthew shall not increase or
decrease during the period of time in which Father is required to
provide support to him consistent with this paragraph. Nothing in
this paragraph shall prevent modification of the support amount due
and owing to either child prior to their matriculation into college
and/or trade school. Immediately prior to Amanda's matriculation,
the parties will agree to a support amount for her and if agreement
cannot be reached, the support payable as and for Amanda's college
and/or trade school shall be determined consistent with the support
guidelines in effect immediately prior to her matriculation. By
way of illustration, it is possible that HUSBAND'S support
obligation to Amanda could be greater than his obligation to
Matthew and may not necessarily be equal to his support payment to
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1~:'Gunfj, Gun Cabinet, Hunting 5ulJplill&. nOW, Trl!8s\Elrll
tfr!.,m's (Fishing rod &. Tacklll)
~Im's (Tennis RacKet. Bowllrg 6sll, Gall CluIJS)
p&:(2) Heavy Duty Steel 5helvlls
(P'Old Chest Of Drawes With M,sc. Supplies
o~. -1='01N8r Hind T 0015
e~Ges Edge Trimmer
/JVHand Lawn Mower
G",.tiand GBrdtin Tools
af-'Wheel Barrow
ell/Work Mate
0/1- .009 Pen
()/!-...6mall Air Compressor
()t' Gas Grill
D}/.o'Mlcrowalle Oven
oIvFreezer 3 f,,-J
~ ()7" MagnBvox TV ...,.;J 5 :--'
c.'$1agnovox VCR .... ~
o~amera
rJl,1 Large SUit Case From Daa
o/l.Pennsvlvania House Che51 of Drawers
O/Glldnnsvlvanla House Night Stand
t1i2.) Stitfel Tabla Lamp tlD
Of.-Old Walnut Desk & Cnalr ( ... ",.,,, Hi)
A "2) T I B d (F "&. I 1~","II!'u..') IJO.' (:1'"
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e~aueen Size Bed Framl.l
4/.-Lazzy Boy Recliner .,
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o,tSleeper $otfa
[J'j, Pann9~:vanla HOJse Side lable " Nt) ,
~1:'Pennsvlvania House Coffee Table - tV ()
O~itchen Table 8. 4 Chair$
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16. Plaintiff requests this Honorable Court to enter an award
of spousal support and/or alimony mmdente ~ in her favor
pursuant to Section 3701 of the Divorce Code.
WHEREFORE, plaintiff respectfully request this Honorable
Court to enter an award of spousal support and/or alimony pendente
tin until final hearing and thereupon to enter an order of alimony
in her favor pursuant to Section 3701 of the Divorce Code.
COUNT IV
~OUNSEL FE~S. EXPENSES AND COSTS OF SUIT
17. The allegations of paragraphs 1 through 16 are
incorporated herein by reference and made a part hereof.
18. plaintiff has retained an attorney to defend this action
and has agreed to pay him a reasonable fee.
19. plaintiff has incurred and will incur costs and eKpenses
in prosecuting this action.
20. Plaintiff is not financially able to meet the eKpenses
and costs of prosecuting this action or the fees to which her
attorney will be entitled in this case.
21. Plaintiff requests this Honorable Court to enter an award
of interim counsel fees, costs and eKpenses until final hearing and
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enforcement purposes pursuant to Section 3105 of the PA Divorce Code (See Exhibit
"B"),
5. Plaintiff has serious concerns and reservations about the safety and
welfare of the children while In Defendant's custody due to his consumption of alcoholic
beverages,
6, Defendant, by agreement continues to pick up the children on alternating
weekends commencing most often Qn Friday evenings, Several problems have arisen
In the past months which give rise to this Petition, which Include. but are not limited to
the following:
a, Defendant has arrived late for pick up of the children after consuming
alcohol at various local "happy hours,"
b, Defendant has appeared at Plaintiffs home on 2-3 different occasions In
an Intoxicated condition for pick up of the children,
, c. Defendant has failed to appear at the agreed upon time on Friday
evenings for commencement of his alternating weekend custody,
WHEREFORE, Plaintiff respectfully requests that this Honorable Court modify
Its' Order as follows:
a, Direct that pick up of the children by Defendant shall occur on alternating
weekends beginning at 6:00 p,m,
b, Return of the children shall occur on alternating Sunday evenings at
6:00 p,m,
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32. ~T2>>I1 WIFE shall have primary physical custody of the Il o.tI
parties' minor children namely; Matthew, age 12 and Amanda, age 9. Lfllal~
HUSBAND shall have periods of temporary physical custody at suoh
times as are convenient to the parties pursuant to their work
schedules.
The parties agree that they shall, to the eKtent
possible, accommodate the children's school and outside activities
in determining HUSBAND'S periods of temporary physical custody.
HUSBAND shall, however, have no less than alternating weekend,
temporary physical custody, and alternating holidays which holidays
shall be Easter, Memorial Day, July 4, Labor Day, and Thanksgiving.
HUSBAND shall also enjoy temporary physical custody each and every
Christmas holiday period at times to be agreed upon by the parties.
33. CHILD SUPPORT: HUSBAND shall pay Seven Hundred Fifty
($750.00) Dollars per month for the support of the parties' two
children. HUSBAND further agrees to forward said check directly to
WIFE so that she receives it on or before the 7th day of each
month.
Should WIFE fail to receive her monthly child support
check by the 7th day of any month, WIFE shall, at her option,
commence a support action through the Domestic Relations Office of
the county in which she resides and HUSBAND shall agree to a wage
attachment.
HUSBAND's support obligation shall commence on the
month immediately following the month in which he makes his last
mortgage payment on the marital home. HUSBAND's obligation shall
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are divorced from the bonds of matrimony,
The court retains iurlsdlCtlon of the following claims which have
been raised of record In this action for which a fll10l order has not yet
been entered; NONE
The written Property Settlement Agreement e.xecuted by the parties on
, '4/18/96 'J:s 'attadied 'hereto; 'marked 'EXhibit '.IA,' 'and' iricor,x;rated' i~to . , , , ,
"this 'decree 'for 'erlfotcemerlt 'purposes 'only'pursuanc'co'SectJ:on'jios'ot' ",
the Pa Divorce Code.
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ANN E. HELLRUNG,
Petitioner/Plaintiff
vs.
IN 'l'IIE OOlJR'l' O~' ca-lMON P[,EAS OF
CUMnF~LANP COUNTY, PF~NSYLVANIA
NO. 95-4298 CIVIL 'rERM
JAMES D. HELLRUNG,
Respondent/Defendant
CIVIL AC'rION - LAW
CUSTODY
OOOOR OF 00UR'l'
AND toi, this " -
consideration of the attached
and directed as follows:
day of fI'l ~ , 2000, upon
Custody Conciliation Report, it is ordered
1. The custody provisions of the parties' Settlement Agreement, dated
April 18 , 1996, and incorporated into a Divorce Decree on May 8, 1996, are
vacated and replaced with this Order.
2. The Mother, Ann E. Hellrung, and the Father, James D. Hellrung,
shall have shared legal custody of Matthew P. Hellrung, born February 6,
1984 and Amanda Jo Hellrung, born May 11, 1986. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the Children's general well-being
inclUding, but not limited to, all decisions regarding their health,
education, and religion.
3. The Mother shall have primary physical custody of the Children.
4. The Father shall have partial physical custody of the Children on
alternating weekends from Friday at 6:00 p.m. through Sunday at 8:00 p.m.
The Father shall notify the Mother in advance if he is not available to
pick up the Children at 6:00 p.m. due to an emergency or other exigent,
unavoidable circumstances. In the event the Father has not arrived to pick
up the Children or otherwise contacted the Mother by 6:30 p.m. on his
regular weekend period of custody, the Mother may make other plans for the
Children for the weekend.
5. The parties shall share or alternate having custody of the
Children on holidays as folows:
A. CHRISTMAS: In every year, the Father shall have custody of the
Children on Christmas Eve from 12:00 noon until 8:00 p.m. and
the Mother shall have custody from Christmas Eve at 8:00 p.m.
through Christmas Day at 8:00 p.m.
B. THANltSGIVING: In every year, the Father shall have custody of
the Children from Thanksgiving Day at 10:00 a.m. through the
following Friday at 12:00 noon.
C. I01'III!R'S DAY!PATllm'S DAY: The Mother shall have custody of
the Children every year on Mother's Day and the Father shall
He \\ run~. Ann E
q5- 'i~q8
vs
He. U ru ng I James t).
All Filings before
Iq J~ ~ooLP
, Have not been scanned!
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
AttorneyI.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorneys for PlaintifflPetitioner
ANN E. HELLRUNG,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 95-4298
JAMES D. HELLRUNG,
Defendant/Respondent
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR CONTEMPT AND ENFORCEMENT OF
PROPERTY SETTLEMENT AGREEMENT
AND NOW, comes Plaintiff, Ann E. Hellrung, by and through her attorney, Maria P.
Cognetti, Esquire, with this Petition for Contempt and Enforcement of Property Settlement
Agreement and in support thereof respectfully represents as follows:
1. Petitioner is Ann E. Hel1rung (hereinafter "Wife"), an adult individual currently
residing at 21 Mayberry Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. Respondent is James D. Hellrung (hereinafter "Husband"), an adult individual
currently residing at 1353 Clover Lane, York, York County, Pennsylvania 17403.
3. The parties hereto were married on September 5, 1981 in Harrisburg,
Pennsylvania.
4. The parties are the natural parents of two (2) children, namely: Matthew Hellrung,
born February 6, 1984; and Amanda Hellrung, born May 11, 1986.
5. On April 18, 1996, the parties executed a comprehensive Property Settlement
Agreement resolving all issues relative to the dissolution of their marital status. A true and correct
copy of said Agreement is attached hereto, made a part hereof and marked Exhibit "A."
6. The parties were divorced on May 8, 1996, at which time the parties' Agreement
was incorporated, but not merged, with the Decree in Divorce.
7. Paragraph 34 of said Agreement, regarding higher education expenses of the
children, requires Husband to continue to pay support for the parties' children "without
interruption until each child reaches age 23 years."
8. Further, paragraph 34a, states that support is to terminate "when each child
reaches the age of 23 years or graduation from college assuming that graduation occurs within six
months of each child's 23rd birthday."
9. Said support amount to be paid by Husband for Matthew was to be determined
pursuant to the support guidelines in effect immediately prior to his matriculation into college and
based upon one-half of the total support when calculated for both children. As such, the support
amount in 2002 determined for two (2) children was $903.07 and, per the Agreement, the support
for Matthew was to be $451.53 per month. Said amount was not to change for the period of time
for which Husband was responsible for support. A true and correct copy of the support
calculation done by the Domestic Relations Section of Cumberland County is attached hereto,
made a part hereof and marked Exhibit "B."
10. The support amount to be paid for Amanda was to be determined pursuant to the
support guidelines in effect immediately prior to her matriculation into college as calculated for one
child. As such, the support amount for Amanda was calculated in 2004 to be $616.66 per month,
As with Matthew, said amount was not to change for the period of time for which Husband was
responsible for support. A true and correct copy ofthe support calculation done by the Domestic
Relations Section of Cumberland County is attached hereto, made a part hereof and marked
Exhibit "c."
11. Matthew matriculated into college in October of 2002 and Husband began to
make payments pursuant to the parties' Agreement beginning in October 2002.
12. Husband made eight (8) payments of$451.54 through April of2003 and then
ceased making payments until August 2003.
13. When Husband again began to make payments in August of2003 he did so in the
amount of only $200.00 per month.
14. Husband made six payments of $200.00 and then increased the amount to
$450.00 for March and April of2004, after which he again ceased making payments.
15. In September of2004, Amanda matriculated into college and, pursuant to the
parties' Agreement, Husband was to begin paying for both Amanda and Matthew. Pursuant to
the calculations by the Cumberland County Domestic Relations Section, Husband's support
obligation for both children was to be $1,068.19 per month; however, Husband paid only
$750.00 in September 2004.
16. Between September 2004 and April 2006 Husband made a total of 16 payments
of$750.00 and then ceased payments in April of2006.
17. To date Husband has paid a total of$17,712.34 for support of his two (2)
children. Pursuant to the parties' Agreement Husband was to have paid a total of$35,405.09
through July 2006. The difference between what Husband did pay and what he had agreed to pay
is $17,692.75.
18. Wife has attempted to negotiate with Husband to resolve this issue, first on her
own and again through counsel; however, Husband refuses to cooperate in any manner.
19. Wife seeks to have Husband found in contempt of the Agreement and ordered to
pay the balance of the support which he owes pursuant to the Agreement.
20. Husband's actions are a clear violation ofthe parties' Agreement and, pursuant to
paragraph 23 thereof, Wife is entitled to repayment of her legal fees and costs in enforcing said
Agreement.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the following
relief:
1, Order that Husband pay the sum of$17,209.47 to Wife plus all additional
payments that Husband fails to make between the filing ofthis Petition and the resolution of this
matter.
2. Order that Husband pay to Wife the sum of$I,500.00 for her reasonable
attorney's fees and costs for the preparation and presentation ofthis Petition; and
3. Any other relief the Court may deem just and proper,
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: July 18, 2006
By:
MARIA ,co
Attorney 1.0. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintifflpetitioner
VERIF1CATION
L Ann E. HeIlrung, hereby verifY and state that the facts set forth in the foregoing document
are true and correct to the best of my information, knowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn
verification to authorities.
Date: fJ7!13!OY
~ ~ #-dh-t/K 17/
Ann E. HelIrung I
~'r ,
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this \ fS".Jr day Of~ \. \ , 1996,
by and between Ann E. Hellrung of 21 Mayberry Laner Mechanicsbu~g,
Cumberland County, Pennsylvania (hereinafter referred to as "WIFE")
and James D. Hellrung of 21 Mayberry Lane, Mechanicsburg,
Cumberland County, Pennsylvania (hereinafter referred to as
"HUSBAND fI ) :
WITNESSETH:
WHEREASr the parties were married on September 5, 1981, in
Harrisburg, Dauphin County, Pennsylvania.
There were two (2)
children born of this marriage; Matthew Hellrung, born February 6,
1984, and Amanda Hellrung, born May 11, 1986.
WHEREAS,
diverse,
unhappy
differences,
disputes
and
difficulties have arisen between the parties and it is the
intention of HUSBAND and WIFE to live separate and apart, and the
parties hereto are d ;,;rous of settling fully and finally their
respective finaqpial/9nd properly rights and obligations as between
each other, including, without limitation by specification: the
settling of all matters
ng to the ownership and
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all matters between them relating to the past, present and future
equitable distribution of real and personal property; settling
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support, alimony and/or maintenance of WIFE by HUSBAND or of
HUSBAND by WIFE;
and in general, the settling of any and all
claims and possible claims by one against the other or against
their respective estates.
NOWr THEREFOREr in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable COnsiderationr receipt of which is
hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each intending to be legally bound hereby covenants and
agrees as follows:
1.
SEPARATION:
HUSBAND and WIFE shall at all times
hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they
shall respectively deem fit, free from any control, restraint or
interference whatsoever by the other. Neither party shall molest
the other or endeavor to compel the other to cohabitate or dwell
with him or her by any legal or other proceedings. The foregoing
provisions shall not be taken to be an admission on the part of
either HUSBAND or WIFE of the lawfuln~ss or unlawfulness of the
causes leading to their living apart.
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Divorce Code. HUSBAND and WIFE hereby express their agreement that 4'11 g/ ~
the marriage is irretrievably broken and express their intent to
execute any and all Affidavits or other documents necessary for the
parties to obtain an absolute divorce pursuant to Section 3301(c)
of the Divorce Code at the same time as they execute this
Agreement. The parties hereby waive all rights to request Court
ordered counseling under the Divorce Code.
It is further
specifically understood and agreed by the parties that the
provisions of this Agreement as to equitable distribution of
lite, counsel fees, costs and expenses, are accepted by each party
property of the parties and alimony r support, alimony pendente
as a final settlement for all purposes whatsoever, as contemplated
by the Pennsylvania Divorce Code.
Should a decree, jUdgment or order of divorce be obtained by
ei ther of the parties in this or any other state, country or
jurisdiption, each of the parties hereby consents and agrees that
this Agreement and all of its covenants shall not be affected in
any way by such separation or divorce;
and that nothing in any
such decree, jUdgement, order or further modification or revision
thereof shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry. It is
the specific intent of the parties to permit this agreement to
survive any judgement and to be forever binding and conclusive upon
the parties.
INTERFERENCE: Each
party
shall
be
free
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from Lf;'v'l
2.
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the otherr nor
compel the other to cohabi tate with the other, or in any way harass
or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS:
This Agreement shall not be considered to affect or bar the
right of HUSBAND or WIFE to a limited or absolute divorce on lawful
grounds as such grounds now exist or shall hereafter exist or to
such defense as may be available to either party. This Agreement
is not intended to condone and shall not be deemed to be a
condonation on the part of either party hereto of any act or acts
on the part of the other party which have occasioned the disputes
or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof.
4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that
Wife has filed a Complaint in Divorce in Cumberland County to
Docket No. 4298 Civil 1995 claiming inter alia that the marriage
is irretrievably broken under Section 3301(c) of the Pennsylvania
(ffd.~14iJ
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and gain from property hereafter accruing) of the other or against ~;/~
the estate of such other, of whatever nature and wheresoever
situated, which he or she now has or at any time hereafter may have
against the 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 claims
family exemption or similar allowance, or under the intestate laws,
in the nature of dower or courtesy or widow's or widower's rights,
or the right to take against the spouse's will; or the right to
treat a lifetime conveyance by the other as a testamentary, or all
other rights of a surviving spouse to participate in a deceased
spouse's estate r
whether arising under the laws of (a)
Pennsylvania, (b) any State, Commonwealth or territory for the
may have or at any time hereafter shall have for past, present or
United Statesr or (c) any country or any rights which either party
future support or maintenancer alimony, alimony pendente lite,
counsel feesr division of propertYr costs or expensesr whether
all rights and agreements and obligations of whatsoever nature
arising as a result of the marital relations or otherwise, except,
of any provisions thereof. It is the intention of HUSBAND and WIFE
arising or which may arise under this Agreement or for the breach
to give each other by the execution of this agreement a full,
of any kind or nature, whether real, personal, or mixed, which the
complete and general release with respect to any and all property
5.
ENFORCEMEN'l'
The
parties
acknowledge
that
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this l(<<9'/~
Agreement may be enforced to the same extent as though it had been
an Order of the Court, and the parties hereby expressly invoke and
acknowledge the applicability of Section 3105 of the Pennsylvania
Divorce Code in furtherance hereof.
6.
EFFECTIVE DATE:
The effective date of this Agreement
shall be the "date of execution" or execution date, It defined as the
date upon which it is executed by the parties if they have each
executed this Agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined
as the date of execution by the party last executing this
Agreement.
7. DISTRIBUTION DATE: The transfer of property, funds
and/or documents provided for herein, shall only take place on the
"distribution" date which shall be defined as the date of execution
of this Agreement unless otherwise specified herein.
8.
MUTUAL RELEASE:
HUSBAND and WIFE each do hereby
mutually remise r release r quit-claim and forever discharge the
other and the estate of such other, for all time to come, and for
all purposes whatsoever, of and from any and all rights, title and
interest, or claims in or against the property (including income
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other now owns or may hereafter acqu1.re, except and only except al1~~
rights and agreements and obligations of whatsoever nature arising
provision thereof. It is further agreed that this Agreement shall
or which may arise under this Agreement or for the breach of any
be and constitute a full and final resolution of any and all claims
which each of the parties may have against the other for equitable
alimony pendente lite or any other claims pursuant to the
division of property, support, alimony, counsel fees and expenses,
Pennsylvania Divorce Code or the divorce laws for any other
jurisdiction.
9. ADVICE OF COUNSEL: The provisions of this Agreement and
its legal effect have been fully explained to the parties by
Charles Rector r Esquire, counsel for WIFE. and John W. Frommer,
this Agreement is not the result of any duress or undue influence
Esquire, counsel for HUSBAND. HUSBAND and WIFE acknowledge that
and that it is not the result of any collusion or improper or
illegal agreement or agreements. The parties further acknowledge
that they have each made to the other a full accounting of their
that they waive any specific enumeration thereof for the purpose of
respective assets, estate, liabilities, and Sources of income and
disclosure in any legal proceeding involving this Agreement with
future time raise as a defense or otherwise the lack of such
this Agreement. Each party agrees that he or she shall not at any
the exception of disclosure that may have been
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fraudulently "tlt!/ tY6
withheld.
Each party further agrees to be solely responsible for the
payment of his and her own attorney fees.
10. WARRANTY AS TO EXISTING OBLIGATIONS:
Each
party
represents that they have not heretofore incurred or contracted for
any debt qf liability or obligation for which the estate of the
for this Agreement. Each party 'agrees to indemnify and hold the
other party may be responsible or liable except as may be provided
liabilities or obligations of every kind which may have heretofore
other party harmless for and against any and all such debts,
the obligations arising out of this Agreement.
been incurred by themr inCluding those for necessities, except for
11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND
and
WIFE
the other may be liable.
hereafter incur any liability whatsoever for which the estate of
obligations set forth in this Agreement, neither of them shall
covenant, warrant, represent and agree that with the exception of
harmless the other party for and against any and all debts, charges
and liabilities incurred by the other after the execution date of
Each party shall indemnify and hold
for by the terms of this Agreement.
this Agreement, except as may be otherwise specifically provided
12.
DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS:
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party L.f(fIt'6
Each
understands that he or she has the right to obtain from the other
party a complete inventory or list of all of the property that
either or both parties own at this time or owned as of the date of
separation, and that each party has the right to have all such
property valued by means of appraisals or otherwise. Both parties
and make decisions on the matters covered by this agreement. Both
understand that they have the right to have a court hold hearings
parties understand that a Court decision concerning the parties'
provisions of this Agreement.
respective rights and obligations might be different from the
Each party hereby acknowledges that this Agreement is fair and
equitable, that it adequately provides for his or her needs and is
in his or her best interests, and that the Agreement is not the
result of any fraud, duress, or undue influence exercised by either
Both parties hereby waive the following procedural rights:
party upon the other or by any person or person upon either party.
a. The right to obtain an inventory and appraisement of all
Divorce Code.
marital and non-marital property as defined by the Pennsylvania
other party as provided by the Pennsylvania Divorce Code.
b. The right to obtain an income and expense statement of the
c. The right to have property identified and appraised.
d.
The right to discovery as provided by the
afiti
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pennSYIVani~/,_/
'-(I(W~
Rules of Civil Procedure.
e. The right to have the court determine which property is
marital and which is non-maritalr and equitably distribute between
the parties that property which the court determines to be marital,
and to set aside to a party that property which the Court
determines to be that parties' non-marital property.
f. The right to have the court decide any other rights,
remedies, privileges, or obligations covered by this Agreement
and/or arising out of the marital relationship, including but not
alimony, alimony pendente lite ( temporary alimony) , equi table
limited to possible claims for divorce, child or spousal support,
distribution, custody, visitationr and counsel fees, costs and
expenses.
13. DIVISION OF REAL PROPERTY:
Husband and Wife are owners
as tenants by the entireties of certain real property with
improvements thereon, known as 21 Mayberry Lane, Mechanicsburg,
HUSBAND covenants and agrees to convey to WIFE as her sole and
Cumberland County, Pennsylvania which property is marital property.
separate property the above-described real estate and all
assigns to WIFE his interest in any and all insurance policies
furnishings, fixturesr and appurtenances thereto, and hereby
pertaining thereto.
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separate
owner
of
all
such
tangible
and
intangible
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personal '(!r~
property presently in his or her possession, whether said property
was heretofore owned jointly or individually by the parties hereto,
and this Agreement shall have the effect of an assignment or bill
of sale from each party to the other for such property as may be in
the indi vidual possession of each of the parties hereto. The
effective date of said bill of sale is to be contemporaneous with
the date of the execution of this Agreement.
All property now in the possession of Wife shall be her
separate property and all personal property now in the possession
of Husband shall be his separate property. Except as expressly
provided herein, each party forever relin9uishes any right he or
she may now or hereafter have in any assets now belonging to the
other.
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all of the
property, whether real, personal or mixed, tangible or intangible,
which has been acquired during the marriage, or is hereafter
acquired by him or her, with full power in him or her to dispose of
the same as fully and effectivelYr in all respects and for all
purposes as though he or she were unmarried. To the extent that
any disagreement exists over the transfer of personal property, the
parties agree that all items listed on Exhibit "A" attached, shall
be and become the separate property of HUSBAND.
...
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411ij
In consideration of the conveyance of real estate as above ~~t:if
7f ftt ~
described, WIFE hereby agrees to assume and pay in full the
mortgage obligations to PHHG US Mortgage and Dauphin Deposit. WIFE
further agrees and covenants that she will indemnify and hold
HUSBAND harmless from any and all liability, expense, cost, or loss
whatsoever as a result of her nonperformance of any existing
mortgagesr or mortgage conditions.
In further consideration of the conveyance of real estate as
above described, WIFE agrees to pay HUSBAND the sum of Thirteen
Thousand Five Hundred ($13,500.00) Dollars which payment shall
occur concurrently with the deed transfer and with the completion
of financing set forth in Paragraph 14. The conveyance shall be
free of all liens and encumbrances except for any covenants and
restrictions of record and the liens of the two existing mortgages
which shall be refinanced and paid in full by WIFE at the time of
conveyance and satisfied of record.
14. MONETARY PAYMENT: In consideration of the distribution
of the marital assets set forth in this Agreement and contingent
upon WIFE's ability to obtain financing in the amount necessary to
payoff the existing mortgages on the marital residence and pay
HUSBAND the sum of $13 r 500.00, WIFE agrees to pay HUSBAND said
amount in its entirety upon completion of refinancing. WIFE shall
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~I
be entitled to receive any refunds from mortgage escrow or from ({frll~
principal and interest at the time of refinancing should such
refunds occur.
In the event that WIFE is unable to obtain the financing
aforesaid by May 1, 1996, then this entire Agreement shall be
declared null and void and all rights and obligations hereunder
shall be terminated, in which event the parties will have such
rights and obligations as they would have had had this Agreement
never been executed, including, but not limited to, all rights and
obligations permi tted or allowed under the di vorce code r the
parties specifically authorizing the court to hold such hearings
and make such orders pertaining to said rights and obligations as
the Court may deem appropriate, regardless of whether a divorce
decree has previously been entered.
The parties further agree that HUSBAND shall continue to
assume full responsibility for the first mortgage until such time
as refinancing by WIFE occurs.
15. PERSONAL PROPERTY: The parties hereto mutually agree
that they have effected a satisfactory division of all personal
property except as herein provided including but not limited to
furniture, household furnishings, appliances and other household
and personal property between them and they mutually agree that
each party shall, from and after the da~e hereof, be the sole and
o<:t,4i .
L!li0(qr:
f:~/K,
16. BANK ACCOUN'l'S: HUSBAND and WIFE acknowledge that they
each possess certain bank accounts and the like in their respective
names.
They hereby agree that each shall become sole owner of
their respective accounts and they each hereby waive any interest
in, or claim to, any funds held by the other in such accounts. As
clarification of the foregoing, the parties agree that they
previously have divided their joint savings and checking accounts
to their mutual satisfaction.
17. MOTOR VEHICLES:
WIFE waives all right, title and
interest she has in the 1992 Chevrolet Lumina Van to HUSBAND. WIFE
further covenants and agrees to pay in full the loan obligation due
and owing thereon to Dauphin Deposit upon refinancing pursuant to
Paragraph 14 and to indemnify and hold harmless HUSBAND from
payment of same.
18. PENSION, ANNUITIES AND/OR RETIREMENT BENEFITS:
Both
parties agree that any interest the other has acquired through a
pension, 401(k) plan, profit sharing, savings plan, thrift plan,
annuity or retirement plan, including Individual Retirement
Accounts, stock investment plans and deferred compensation plans of
any nature whatsoever, shall remain as the sOle and exclusive
property of the other and each party waives any and all interest he
or she may have in such plans of the other. The parties further
(if \J14\f
t11/~ .
'1/ (9/~
agree to execute any and all documents from time to time to
accomplish the purposes of this paragraph.
By way of further
clarification, WIFE waives all right title and interest she may
have in HUSBAND's retirement plan through AMP and HUSBAND waives
all right, title, and interest he may have in WIFE's retirement
plan with Ross Laboratories.
19. AL.IMONY AND AL.IMONY PENDENTE LITE:
Husband and Wife
acknowledge and agree that the provisions of this Agreement
providing for the division of their marital property are fair,
adequate and satisfactory to them. Husband and Wife further agree
to accept the provisions set forth in this Agreement in lieu of and
in full and final settlement and satisfaction of all claims and
demands that either may now or hereafter have against the other for
equitable distribution of marital property, alimony and alimony
pendente lite, support, counsel fees, costs, expenses and any right
or obligation arising out of the marital relationship or under the
Pennsylvania Divorce Code.. Each party shall indemnify, defend and
hold the other harmless against any future action for equitable
distribution of marital property, alimony, alimony pendente lite,
support, counsel fees, costs and expenses, by or on behalf of the
other, such indemnity to include the actual counsel fees of the
successful party in any such future action.
a~<tl _
'11~ll{0
~t6)8
20. AF'l"ER-ACQUIRED PROPERTY: Each of the parties shall Lf(trp'tfb
hereafter own and enjoy, independently of any claim or right of the
other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her,
with full pow~r in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes as though he or
she were unmarried.
21. APPLICABIL.ITY OF TAX LAW TO PROPERTY TRANSFERS:
The
parties hereby agree and express their intent that any transfer of
property pursuant to this Agreement shall be within the scope and
applicability of the DefiCit Reduction Act of 1984 (hereinafter the
If Act" ), specifically, the provisions of said Act pertaining to the
transfers of property between spouses and former spouses. The
parties agree to sign and cause to be filed any elections or other
documents required by the Internal Revenue Service to render the
Act applicable to the transfers set forth in this Agreement without
recognition of gain on such transfer and subject to the carry-over
basis provisions of the said Act.
22. EFFECT OF DIVORCE DECREE:
The parties agree that
except as otherwise specifically provided herein, this Agreement
shall continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties.
BREACH :
If either party breaches any provision of
{dbi
14l.a
I~'I@ .
1-&{I
this t{(tt/fg
23.
Agreement, the other party shall have the right, as 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, and the party
breaching this contract shall be responsible for payment of
reasonable legal fees and costs incurred by the other in enforcing
their rights under this Agreement.
24. WAIVER OF CLAIMS:
Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each
party hereby waives and relinquishes any and all rights he or she
shall now have or hereafter acquire, under the present and future
laws of any jurisdiction, to share in the property or the estate of
the other as a result of the marital relationship, including
without limitation, dower, courtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the
Will of the other, and the right to act as administrator or
executor of the other's estate, and each Will, at the request of
the other, execute, acknowledge and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, right and
claims.
ENTIRE AGREEMENT:
This Agreement contains the
, pl:;t
1) _' , '"
~ljI~l~
entire ttJfIt.
25.
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein.
26. FINANCIAL D.ISCLOSURE:
Each of the parties has been
independently advised of rights to a full and fair disclosure of
the extent of the assets, income, expectancies and liabilities of
the other prior to the execution of this Agreement. The parties
both confirm that each of them is knowingly and intelligently
waiving his or her respected rights to such a disclosure. Husband
and Wife each further confirms that in executing this Agreement in
the absence of such a disclosure, each forever waives any future
right to set aside the said Agreement, or to defend against its
enforcement or any portion thereof based upon the absence of such
a disclosure by the other party, or based upon any claim that it is
inequitable, unconscionable or does not make a reasonable provision
for one or the other of them.
27. AGREEMENT B.INDING ON HEIRS:
This Agreement shall be
binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, Successors and
assigns.
2.
ADD.ITIONAL INSTRUMENTS:
Each of the parties shall
ut ~
II'il \t1\P
jJ>ti
from '1fK/~
time to time, at the request of the other, execute, acknowledge and
deliver to the other any and all further instruments that may be
reasonably required to give full force and effect to the provisions
of this Agreement.
29. MODIFICATION AND WAIVER: A modification or waiver of any
of the provisions of this Agre~ment shall be effective only if made
in writing and executed with the same formality as this Agreement.
The failure of either party to insist upon strict performance of
any of the provisions of this Agreement shall not be construed as
a waiver of any subsequent defaults of the same or similar nature.
30. DESCRIPTIVE HEAD.INGS:
The descriptive headings used
herein are for convenience only.
They shall have no affect
whatsoever in determining the rights or obligations of the parties.
31. APPLICABLE LAW:
This Agreement shall be construed
under the laws of the Commonwealth of pennsyl vania and more
specifically under the Divorce Code of 1988 and any amendments
thereto.
CUSTODY:
WIFE shall have primary physical custody of
(tt(?
41 lid {t y
#~
the tt/t; ~
32.
parties t minor children namely; Matthew, age 12 and Amanda, age 9.
HUSBAND shall have periods of temporary physical custody at such
times as are convenient to the parties pursuant to their work
schedules.
The parties agree that they shall, to the extent
possible, accommodate the children's school and outside activities
in determining HUSBAND'S periods of temporary physical custody.
HUSBAND shall, however, have no less than alternating weekend,
temporary physical custody, and alternating holidays which holidays
shall be Easter, Memorial Day, July 4, Labor Day, and Thanksgiving.
HUSBAND shall also enjoy temporary physical custody each and every
Christmas holiday period at times to be agreed upon by the parties.
33. CHILD SUPPORT: HUSBAND shall pay Seven Hundred Fifty
($750.00) Dollars per month for the support of the parties' two
children. HUSBAND further agrees to forward said check directly to
WIFE so that she recei ves it on or before the 7th day of each
month.
Should WIFE fail to receive her monthly child support
check by the 7th day of any month, WIFE shall, at her option,
commence a support action through the Domestic Relations Office of
the county in which she resides and HUSBAND shall agree to a wage
attachment.
HUSBAND's support obligation shall commence on the
month immediately following the month in which he makes his last
mortgage payment on the marital home. HUSBAND's obligation shall
continue
pursuant
to
Paragraph
34
of
this
/1 I' {i
[ ~ .
I a!q!<'
1// I ."
f(;J1t
Agreement,~/(f/~t
notwithstanding current support law.
HUSBAND shall provide health insurance coverage for the
benefit of the children so long as he is obligated to contribute to
their support pursuant to the provisions of this Agreement. The
parties agree that each shall be equally responsible for all
uninsured medical and/or dental expenses of the children. In the
event that neither party is provided with employer health insurance
coverage for the children, each agrees to divide equally the cost
of providing such health insurance coverage.
WIFE agrees that HUSBAND shall be entitled to claim the
deduction for the dependency exemption for the parties son, Matthew
Hellrung, each and every year commencing with the 1996 tax year.
WIFE further agrees to execute Internal Revenue Service Form 8332
or any other declaration required to implement this paragraph.
i!,'3'+~""."'.H.IGHER. EDUCRTrON"'" JS'R~.; J~~,__.a
-~ It is the
intention of both parties that their children shall attend an
undergraduate college/trade school if academically able and willing
to do so.
HUSBAND agrees to contribute to the costs of the
childrens' undergraduate college/trade school education as follows:
HUSBAND's child support obligation pursuant to the provisions of
this agreement shall continue without interruption until each child
reaches age 23 years. HUSBAND's obligation shall cease upon the
a. when each child reaches the age of 23 years or graduation
Or~
t..f11~14lR
Iq;((
~tI?/~
latter of the following events:
from college assuming that graduation occurs within six months of
each child's 23rd birthday.
The amount of support to be paid by HUSBAND to WIFE pursuant
to this paragraph shall be determined by the parties consistent
with the support guidelines in existence immediately prior to each
child's formal matriculation into college/trade school which amount
shall be equal to one-half of the then current total support
obligation for the two children.
Once determined prior to the
matriculation into college and/or trade school of Matthew Hellrung,
the support amount due and owing to Matthew shall not increase or
decrease during the period of time in which Father is required to
provide support to him consistent with this paragraph. Nothing in
this paragraph shall prevent modification of the support amount due
and owing to either child prior to their matriculation into college
and/or trade school. Immediately prior ~o Amanda's matriculation,
the parties will agree to a support amount for her and if agreement
cannot be reached, the support payable as and for Amanda's college
and/or trade school shall be determined consistent with the support
guidelines in effect immediately prior to her matriculation. By
way of illustration, it is possible that HUSBAND's support
obligation to Amanda could be greater than his obligation to
Matthew and may not necessarily be equal to his support payment to
{J~U
:/I~ J~ ~,
if
Matthew.
f:()(j
Said support amount, once determined prior to her tfm k
matriculation into college and/or trade school shall not increase
or decrease during the period of time in which Father is required
to provide support to her consistent with this paragraph.
35. BANKRUPTCY: The parties hereby agree that the provisions
of this Agreement shall not be dischargeable in bankruptcy and
expressly agree to reaffirm any and all obligations contained
herein.
In the event a party files such bankruptcy and pursuant
thereto obtains a discharge of any obligations assumed hereunder,
the other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all
other rights determined by this Agreement shall be subject to court
determination the same as if this Agreement had never been entered
into.
36. .INCOME TAX PRIOR RETURNS: The parties have heretofore
filed joint federal and state returns. Both parties agree that in
the event any deficiency in federal, state or local income tax is
proposed, or any assessment of any such tax is made against either
of them, each will indemnify and hold harmless the other from and
against any loss or liability for any such tax deficiency or
assessment therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failures to
04/16/199& 09:55 717~975777
:'\:-f'-l .HE,-LRUr'.!G
;:'lJ.G~ 03 -..:
~5 HALF OF liOUSEI -tOLD GQOD~
26- Feb - 96
It:Guns. Gun Cabinet, Hunting supphes, Sow, Treestand
~im'S (Fishing rod & Tacket)
~im's (Tennis Racket, Bowling Ball, Golf Clubs)
fF (2) Heavy Duty Steel Shelves
~Old Coast Of Orawes With Misc. Supplies
&f( .-power Hand Tools
bJi-Gas Edge Trimmer
t)'!./Hand Ls\\'n Mower
cf-+tand Garden Tools
Zf--....Wheel Barrow
bVwork Mate
O~ ..oog Pen
alt-"Small Air Compressor
(d/ Gas Grill
D}l/MiCrowave Oven
olv.....Freezer 7. f(...f---O
o t:).7" Magnavox TV -I-!g ) s ~
o.()1agnovox VCR .- tJ
ot-Camera
~~ Large Suit Case From Dad
o,(Pannsvlvania House Chest of Drawers
ollPennsvlvania House Night Stand
IJ~) Stiffel Table Lamp ,./'O
f}tJJld Walnut Desk & Chair /1..t,""J' t2L:" (po(" ePH)
~/42) Twin Beds (Frame Mattres & BQ)C Springs) lit- f"' 17l';..~
ntnueen Size Bed Frame
d~Lazzy Boy Recliner
(t..Stiffel Floor Lamp- N U
o~ocking Chair - AI v
~Ieeper Soffa
cP pennsvlvania House Side table .- NU
~PennsvlvaniaHouse Coffee Table.... rJ i)
O~itchen Table & 4 Chairs
f;1l If kJ
EXHIBIT
I~
(r/
J aJ"Ul'/.- 'fD ~ ~ ~~
t0~b; ~ ~ faJ~rir' QtL ~,ftl ~
/lttdd -k t/uAhL,"4 d1/~. f ~
~ /1.t/f)1.1#- ~~n4 I/7L ~ d~. J3..~.~AA..thw~
{JJLf-J Av~ (J}6/(. ~ ~ antI.lf,.tt /](4 ~
~_ ~diJ( "" ~~.A1 'X~~~'X- g'Htfa,.
~)~~"7"---
STATE OF PENNSYLVANIA
(
( SS.
(
Of~
1996, before me
COUNTY OF CUMBERLAND
On this, the l~daY
the undersigned officer~::na~\~
known to me (or sa1:isfactorily proven) to be the person whose name
va subscribed to the within instrument, and
acknowledged that ~he executed the same for the purpose therein
contai.ned.
IN WITNESS WHEREOF, I
have~~w
seal.
I Notarial Seal
Tammy S. Weaber, Notary Public .
Lemoyne Boro, C01!'berland County
\1.',- Commission Expires June 22, 1998
STATE OF PENNSYLVANIA
COUNTY OF ""DA-u9H-1 tJ
~
On this, the / ~ day
(
( ss.
5
~
1996, before me
of
the undersigned offi.cer, personally appeared
.::fA,\.A...€.S D. HaLR o1J(;.
known to me (or satisfactorily proven) to be the person whose name
subscribed to the within instrument, and
acknowledged that he executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal.
d,r-
Notarial Sea
Vicky L Fitz, Not8;ry Public
Harrisburg, Dauphin County
My Commission Expires Dec. 5, 1998
i Member, pennsytvaniaAssociation of Notaries
disclose the nature and extent of his or her separate income on the
aforesaid joint re~urns.
WITNESS:
--
..........--
((L~,/x/ f, N-eeJ~-'>z~ '1/1;1/9 ~
Ann E. Hellrung (J
~~~'t/;,k-'-'
~mes D. Hellrung
ANN E. HELLRUNG,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95-4298 CIVIL TERM
JAMES D. HELLRUNG,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
ADDENDUM TO
PROPERTY SETTLEMENT AGREEMENT
AND NOW I the parties, by and through their attorneys, stipulate and agree as
follows:
1. The parties hereby stipulate and agree to amend and modify Paragraph
33 of the Comprehensive Property Settlement Agreement executed by them on April 18,
1996.
2. Plaintiff, Ann E. Hellrung, hereby covenants and agrees to provide health
insurance coverage for the partiesf two minor children born of the marriage: Matthew
Hellrung, born February 6, 1984, and Amanda Hellrung, born May 11, 1986, so long as
Defendant reimburses her for the ~ost of the monthly premium for ~aid coverage which
totals $15.00.
3. Defendant, James D. Hellrung shall pay to Ann E. Hellrung, as and for
child support of the parties' two minor children, the monthly amount of $765.00 allocated
at $750.00 per month for child support and $15.00 per month to reimburse Plaintiff for
the cost of providing health insurance coverage for the partiesf two minor children.
4. In consideration of the above recitals, Defendantfs Petition to Modify
Support and Plaintiffs counterclaim for contempt shall be marked as settled and
discontinued by the parties within forty-eight (48) hours of execution of this Addendum.
5. This Addendum complies with Paragraph 29 of the above-referenced
Property Settlement Agreement previously executed by the parties. which Agreement
shall in all respects I except as herein set forth, remain enforceable pursuant to ~ 3105 of
the Pennsylvania Divorce Code.
~f. ~i!'
Ann E. Hellrung
...-1
~~. ~:;
/
Date:;Zfr~R
Joh
r:'
'.
.
In the Court of Common Pleas of. CUMBERLAND. County, Pennsylvania
DOMESrIC RELATIONS SECTION
13 N. HANOVER sr, P.O. BOX 320, CARLISLE, PA. 17013
Fax: (717) 240-6248
Phone: (717) 240-6225
plaintiff Name: ANN E. HELLRONG
Def~t Name: JAMEs D. HELLRUNG
Docket Number: 00123 S 2000
PACSES Case Number: 397101994
Other State In Number:
Please DOte: AD COlTeSpoadeace must iDclude the PACSES Case Number.
CHILD SUPPORT
1. Number of Dependents in
this Case
2. Total Gross Monthly Income
3. Less Monthly Deductions
4. Monthly Net Income
5. Combined Total Monthly
Net Income
6. Basic Child Support
Obligation
1. Net Income as Percentage of
Combined Amount
8. Each Parent's Monthly Share
of the Basic Child Support
Obligation
9. Adjustment for Shared
Custody
10. AdjusUIlent for Child Care
Expenses
11. Adjustment for Health
Insurance Premiums
12. Adjustment: for Unreimbursed
Medical Expenses
13. Adjustment for Additional
Expenses
14. Total Obligation with
Adjustments
15. Less Split Custody
Counterclaim
16. Obligor's Support Obligation
Service Type M
Suwort Guideline Calculation
Defmdant
Plaintiff
00
02
$
$
$
5,000.00
$
$
$
7,265.83
2,036.09
5,229.74
1,216.08
3,783.92
$
9,013.66
$
2,095.00
41.98 t
58.02 t
$
879.48
$
1,215.52
$
$
$
23.59
$
$
$
903.07
$
0.00
$
903.07
Form 0&019
WorkerID 21004
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~NNN",'.'.'.'...',W,'.........W.........,.." ...................,..' '. .........................., ,.,.',W,...,...........'.'...W.'...'",..'....,....W......,...N,W.............'...'.........W..........,W,.....,...,..........'.'...'.',...,-m.....W...,..'...W.,.........'..........,....'....,'....,.,'.......,'..,'.'.'.'........,.,' ,......,.,'..,.... ..,' '..,'..,',,' ',',',..'.N.' '....... ,.
In the COlJrt of Common Pleas of CVMBJl.RI.AND County, PamsYlvania
DOMIsi1c ULATlONS SBCTIoN
13 N.IlANOnR ST. P.O. BOX 310, cARlJSLE, PA. 17013
Fax: (117) 240-6248
Pbone: (717) 240-6115
Plaintiff Name: ANN E. HELLRUNG
Defendant Name: J>>fES D. ULLRVNG
DoCket N~ber. 00123 S 2000
PACSES Case Number: 397101994
Other State ID Number:
fteIte IlOt8: AD CGlTf:SpolldeDl;e mun IDdude the l"ACSES Case Number.
CHILD SUPPORT
1. N'uibber of D~ndents in
this Case
2. Total Gross Monthly Inc:ome
3. Less Monthly Deductions
4. Monthly Net Income
5. Combinec:t Total MolHbly
Net Income
6. Plus MontbJy Social Security
Beoefit for OrlldIChildJ:eu
7. Adjusted MOd&bly Net IilCOme
8. Basic Cbikl Support
Obligation
9. Basic Qild Suppon I.c.ss
M ntbl Social Securi
~fit lor ailldlChilZen
10. Net Income as pe.rcentage of
Combined Amount
11. Each Parent's Monthly Sb4re
of the Basic Child Suppon
Obligation .
12. Adjust1Dent for Sbared
CUsIody
13. Adj~ for Q1ild Can!
ExPenses
14. Adj~rment for Health
ln$urance PreDdudIs
1 S. Adjustment for UIII'Oimburscd
Medieal Elcpease$
16. Adjustmcot for Additional
Expeases
11. Total Obligation willi
Adjwtmeat.
18. Less Split Custody
Coume1delm
l~. <Jbliaot's SupportObliptiod
Service 'I)pe M
sug,port GuideliJ'le CalcuJafion
Defendant
Plaintiff
01
7.637.25
2,082.54
5.554.11
59.81 \
$
890.87
19.53
616.6&
. .,-::.:" ".".
~.O.9 .
616. 'i5tr~ ':'. '.
~
.. :..:1'4:::-... ..' ".' ,..,:... ..
. -':.~..FoimOg.oI9
, ' ,... : 'Worm m 21004
liELLRUNG
".:.
,."fI. HBLLRtJNG
. . ~. ,,;,,' . {.
Summa~ .
Date: APRIL 13 I 2004.
Monthly obligation amount seJected: $ 616.66
Payment frecjuency:. '~y
Obligation amount: $ ,.i6 . "
Deviation reason: 1,
2.
3.
4.
S.
Service Typo M
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P~CSES Case Number: 397101994
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CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Ann E. Hellrung, herein, do hereby certify that
on this date I served the foregoing Petition for Contempt and Enforcement of a Property
Settlement Agreement by depositing a true and exact copy thereof in the United States mail, first
class, postage prepaid, addressed as follows:
Mr. James D. Hellrung
1353 Clover Lane
York, PA 17403
MARIA P. COGNETTI & ASSOCIATES
Date: July 18, 2006
By:
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff/Petitioner
.
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ANN E, HELLRUNG,
Plaintiffi'Petitioner
v,
JAMES D. HELLRUNG,
Defendant/Respondent
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: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYL V ANlA
: NO, 95-4298
: CNIL ACTION - LAW
: IN DNORCE
RULE TO SHOW CAUSE
AND NOW, to wit, this
cr
4J... v
day of
, 2006, upon
consideration of Plaintiff's Petition for Contempt and Enforcement of Property Settlement
Agreement, a Rule is hereby issued upon Defendant to show cause, if any, why the relief
requested should not be granted.
RULE RETURNABLE -z..o
q ,0 to
O~,O
DAYS FROM SERVICE.
BY THE COURT:
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James D. Hellrung
1353 Clover Lane
York PA. 17403
Ph: 717-385-1576
Date; August 7, 2006
Ann E. Hellrung,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 95-4298
James D. Hellrung,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, comes Defendant, James D, Hellrung, responding to the Petition for Contempt
and Enforcement of Property Settlement Agreement and in rule to show cause why the relief requested
should not be granted thereof, respectfully represent as follows:
I. An initial framework to come to an agreement for consideration of college expenses was initiated
in our divorce agreement, at the time to the present, there has been no communication follow
through on Ann's or her attorney's part to establish the monthly level of college contribution
refereed to in our agreement.
2. Based on the language within the divorce agreement, concerning the non-resolution of the
college contribution issue, I began sending Ann payments as set forth in our agreement until I
became unemployed, at which time I began sending payments at a reduced level, and resumed
those payments when I became employed,
3. Ann has never communicated to me an estimated college cost consultation or progress report
over the course of Matt or Amanda's college planning and attendance,
4, Significant contributions have been sent to Ann every month, without interruption, that are to be
directed, by her, toward college expenses in the corresponding months that Matt and Amanda
have been attending full time college and are represented in the attached schedule marked
Exhibit "A".
5, Matt plans to graduate in December 2006 with a BA in political science after attending 9
semesters at the University of Pitts burg. Amanda is a sophomore at Temple University.
6, I have the resources for and am offering room and board to both Matt and Amanda, to enhance
my college contributions, while they finish their studies in York. I have a 3 bedroom 2 1/2 bath
home located in York PA, I block from Penn State York and 1 mile from York College.
WHEREFORTH, Defendant respectfully request that the Honorable Court accept the exhibit "A"
payment schedule and Ann's subsequent acceptance of such, is an agreement in substance for the
level of college contribution, Any requested relief incurred by her belated interpretation of our
agreement to date should not be granted.
Respe~
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Exhibit "A"
Matt Amanda Father
I-atner s vOllege II-atners vOllege
College Attendance College Attendance Monthly
MonthIYear Contribution Yes/No Contribution Yes/No Income Employment/Income Source
Seotember-02 $451 Yes No $5,000 United Sleeo Products
October-02 $451 Yes No $5,000 United Sleeo Products
November-02 $451 Yes No $5,000 United Sleeo Products
December-02 $451 Yes No $5,000 United Sleeo Products
Januarv-03 $451 Yes No $5,000 United Sleeo Products
Februarv-03 $451 Yes No $5.000 United Sleeo Products
March-03 $451 Yes No $5,000 United Sleeo Products
April-03 $451 Yes No $1,451 Unemolovment Ins.
Mav-03 No No $1.451 Unemolovment Ins,
June-03 No No $1.451 Unemolovment Ins,
Julv-03 No No $1.451 Unemplovment Ins.
AUQust-03 No No $2,141 Unemolovment Ins.lSutliff Hummer
September-03 $200 Yes No $2,141 Unemolovment Ins.lSutliff Hummer
October-03 $200 Yes No $2,141 Unemolovment Ins.lSutliff Hummer
November-03 $200 Yes No $2,141 Unemolovment Ins.lSutliff Hummer
December-03 $200 Yes No $2,141 Unemolovment Ins.lSutliff Hummer
Januarv-04 $200 Yes No $1,537 Sutliff Hummer
Februarv-04 $200 Yes No $1,537 Sutliff Hummer
March-04 $450 Yes No $5,200 Yoh Emolovment Services
:J1-04 . $450 Yes No $5,200 Yoh Emolovment Services
av-04 . No No $5,200 Yoh Emolovment Services
June-04 No No $5,200 Yoh Emolovment Services
, Jl!ly-04 No No $1,664 Unemolovment Ins.
Auaust-04 I No No $4,333 Manoower Professional
September-04 $750 Yes Combined Yes $4,333 Manoower Professional
October-04 $750 Yes Combined Yes $4,333 Manoower Professional
November-04 $750 Yes Combined Yes $4,333 Manoower Professional
December-04 $750 Yes Combined Yes $4,333 Manoower Professional
Januarv-05 $750 Yes Combined Yes $4,333 Manoower Professional
Februarv-05 $750 Yes Combined Yes $4,333 Manoower Professional
March-05 $750 Yes Combined Yes $4,333 Manoower Professional
April-05 $750 Yes Combined Yes $6,066 Tac Worldwide
May-05 No No $6,066 Tac Worldwide
June-05 No No $6,066 Tac Worldwide
Julv-05 No No $6,066 Tac Worldwide
August-05 No No $6,066 Tac Worldwide
Seotember-05 $750 Yes Combined Yes $5.417 BAE Systems
October-05 $750 Yes Combined Yes $5.417 BAE Systems
November-05 $750 Yes Combined Yes $5.417 BAE Systems
December-05 $750 Yes Combined Yes $5.417 BAE Systems
Januarv-06 $750 Yes Combined Yes $5.417 BAE Systems
Februarv-06 $750 Yes Combined Yes $5,417 BAE Svstems
March-06 $750 Yes Combined Yes $5,417 BAE Svstems
April-06 $750 Yes Combined Yes $5.417 BAE Systems
Mav-06 No No $5.417 BAE Systems
June-06 No No $5.417 BAE Systems
July-06 No No $5.417 BAE Systems
TOTAL
$17,708
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney 1.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for PlaintifflPetitioner
ANN E. HELLRUNG,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 95-4298
JAMES D. HELLRUNG,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN DIVORCE
MOTION FOR HEARING
AND NOW, comes Petitioner, Ann E. Hel1rung, by and through her attorney, Maria P.
Cognetti, Esquire, and moves this Court to enter an Order setting this case for Hearing, and in
support thereof respectfully represents that:
1. Petitioner is Ann E. Hel1rung, an adult individual currently residing at 21 Mayberry
Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. Respondent is James D. Hellrung, an adult individual currently residing at 1353
Clover Lane, York, York County, Pennsylvania 17403.
3. The parties hereto were married on September 5, 1981 in Harrisburg, Pennsylvania.
4. On April 18, 1996, the parties executed a comprehensive Property Settlement
Agreement resolving all issues relative to the dissolution of their marital status.
5. The parties were divorced on May 8, 1996, at which time the parties' Agreement
was incorporated, but not merged, with the Decree in Divorce.
6. On July 19, 2006, Petitioner filed a Petition for Contempt and Enforcement of a
Property Settlement Agreement.
7. On August 4, 2006, the Court entered a Rule to Show Cause with regard to
Plaintiffs Petition.
8. On or about August 8, 2006, Respondent, who is unrepresented, filed a document
titled "Rule to Show Cause", which was, in essence, an answer to Petitioner's Petition, although it
was not in the form required by the Pennsylvania Rules of Civil Procedure.
9. Petitioner respectfully requests this Honorable Court set a hearing to resolve her
pending Petition for Contempt and Enforcement of a Property Settlement Agreement.
WHEREFORE, Petitioner prays this Honorable Court enter an Order setting this matter for
hearing.
Respectfully Submitted:
Date: September 14,2006 By:
ASSOCIATES
,
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorney for Plaintifflpetitioner
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Ann E. Hel1rung, herein, do hereby certify that
on this date I served the foregoing Motion for Hearing by depositing a true and exact copy thereof
in the United States mail, first class, postage prepaid, addressed as follows:
Mr. James D. Hel1rung
1353 Clover Lane
York, PA 17403
MARIA P. COGNETTI & ASSOCIATES
Date: September 14, 2006 By:
..
MARIA
Attorney LD. No.
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff/Petitioner
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DefendantlRespondent
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: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95-4298
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, to wit, this ~ day of ~ ,2006, upon consideration of the
foregoing Motion for Hearing, it is hereby ORDERED and DECREED that a Hearing is scheduled for
the ~ day of Duf/l71~~' 2006, atJ:Of}'clock;2.m., in Courtroom No.1-, of the
Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania.
BY THE COURT:
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview A venue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
ANN E. HELLRUNG,
Plaintiff
v.
JAMES D. HELLRUNG,
Defendant
: IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 95-4298
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the
Motion for Hearing and Order of Court scheduling the Hearing for December 4, 2006, at 3 :00 p.m.,
was served upon the Defendant by certified mail, return receipt requested, on the 6th day of October,
2006. The original signed return receipt, number 7005 03900005 22442085, is attached hereto and
made a part here of.
Date: October 13, 2006
By:
MARIAP. C
MARIA P. CO TTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
CampHilI,PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
--
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Domestic Retum Receipt 1~1540
· Complet.~1. 2, and 3. Also complete
Itiem 4 if Resti'fCted Delivery Is desired.
· Print your name and address on the reverse
so that We can retum the card to you.
· Attach this card to the back of the mai/plece.
.. on the front if space P8Ilnits.
1. Article AddI'8Ssed to:
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ANN E. HELLRUNG,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V
JAMES D. HELLRUNG,
Defendant
CIVIL ACTION - LAW
NO. 95-4298
IN DIVORCE
IN RE: PETITION FOR CONTEMPT OF COURT
ORDER OF COURT
AND NOW, this 4th day of December, 2006, after
hearing, the court being satisfied that the defendant is in
breach of the property settlement agreement of the parties dated
April 18, 1996, which agreement was incorporated and made part of
their divorce decree, the court finds that he is in contempt of
the order of the decree. Accordingly, we cite the defendant in
contempt. He is ordered and directed to forthwith resume the
making of paymEnts pursuant to the agreement, with the
understanding that the payments must be in an amount of no less
than $1,068.20 per month. He is ordered and directed further to
make payment to the plaintiff In the amount of an outstanding
balance due of $20,788.56.
Hearing on a contempt adjudication and possible
conditions of purge is herewith set for Tuesday, February 6,
2007, at 11:00 a.m.
Counsel fees are awarded in favor of the plaintiff and
against the defendant in the amount of $2,000.00.
By the Court,
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Kevin
Hess, J.
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J~a" e ' D. Hellrung, pro se
135 Clover Lane
Y k, PA 17403
Maria P. Cognetti, Esquire
For the Plaint~ff
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ANN E. HELLRUNG,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
NO. 1995-4298 CIVIL
JAMES D. HELLRUNG,
Defendant
IN RE: CONTEMPT
ORDER
AND NOW, this '2 ~ day of January, 2007, hearing in the above matter set for
February 6,2007, is continued to Monday, March 19,2007, at 3:00 p.m. in Courtroom Number
4, Cumberland County Courthouse, Carlisle, P A.
Maria Cognetti, Esquire
F or the Plaintiff
BY THE COURT,
-H~
James D. Hellrung
1353 Clover Lane
York, PA 17403
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ANN E. HELLRUNG,
Plaintiff
vs.
JAMES D. HELLRUNG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1995-4298 CIVIL
IN RE: CONTEMPT
ORDER
.6Y f $
AND NOW, this ~ day 0 March, 2007, it appearing that the purge of 5,000.00
has been met, the prison is authorized to release the defendant.
~ia Cognetti, Esquire
For the Plaintiff
~es D. Hellrung
, 1353 Clover Lane '\
York, PAl 7403
:rlm
ro.~ed to c.c. p
03-~O-07
BY THE COURT,
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RECEIPT FOR PAYMENT
-------------------
-------------------
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
Receipt Date
Receipt Time
Receipt No.
3/20/2007
9:52:46
190340
HELLRUNG ANN E (VS) HELLRUNG JAMES D
Case Number 1995-04298
Received of RKS CASH PD BY DEFT SISTER
MARYANN
Total Non-Cash..... +
Total Cash......... +
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Receipt total......
.00
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------------------------ Distribution Of Payment ----------------____________
Transaction Description Payment Amount
BOND
5,000.00
PROTHONOTARY ESCROW
5,000.00
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TRANSMISSION VERIFICATION REPORT
TIME : 03/20/2007 08:52
NAME :
FAX :
TEL :
SER.# : BROJ5J344047
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
03/20 08:52
92458792
00:00:11
01
OK
STANDARD
ECM
VS,
IN THE COURT OF COMMON PLEAS OF
'. CU.MBERLAND 'COUNTY~ PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1995-4298 CIVIL
ANN E. HELLRUNG,
Plaintiff .
JAMES D. HELLRl.JNG,
Defendant
, .:
IN RE: CONTEMPT
ORDER
AND NOW, this 2. () pr" day of March, 2007, it appearing that the purge of$5,000.00 '
has been met, the prison is authorized to release the defendant.
BY THE COURT,
Maria Cognetti, Esquire
F or the Plaintiff
AJ
James D. Hellrung
1353 Clover Lalle
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Transaction Description
BOND
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HELLRUNG ANN E (VS)
Case Number 1995-04298
Received of RKS CASH
MARYANN
Total Non-Cash. . . .. +
Total Cash......... +
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Receipt total......
PD BY DEFT SISTER
HELLRUNG JAMES D
3/20/2007
9:52:46
190340
Receipt Date
Rece~pt Time
Recelpt No.
RECEIPT FOR PAYMENT
-------------------
-------------------
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
OF ALEQ-QFFlGE
THE PMOTHONOTARY
2001 MAR 20 PM 2: 4 I
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ANN E. HELLRUNG,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V
JAMES D. HELLRUNG,
Defendant
CIVIL ACTION - LAW
NO. 95-4298
IN DIVORCE
IN RE: ADJUDICATORY HEARING
ORDER OF COURT
AND NOW, this 19th day of March, 2007, after hearing,
the court finding that the defendant is in willful contempt of
our prior orders, he is thus adjudged,
Sentence of the court is that he pay the costs of
prosecution, and undergo imprisonment in the Cumberland County
Prison for a period of six months. Work Release is authorized in
this case. He will be released on condition of purge that he pay
on account of sums due the amount of $5,000.00, and that he
commence the regular payment each and every month of $616.00, and
in default thereof to be recommitted to serve the balance of the
term herein imposed.
He is ordered and directed to appear for further
proceedings in this matter on Monday, April 30, 2007, at
3:00 p.m., at which time ,and place, he is directed to produce all
statements of his bank accounts and retirement accounts and all
statements of his indebtedness, including but not limited to his
mortgages and his credit cards. The purpose of appearing on
April 30, 2007, will be to consider a further order concerning
the manner in which the defendant shall pay the remaining lump
sum due to the plaintiff.
The defendant to stand committed.
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NO. 95-4298 CIVIL TERM
By the Court,
~aria P. Cognetti, Esquire
For the Plaintiff
~ames D. Hellrung,
1353 Clover Lane
York, PA 17403
:bg
./lti
ANN E. HELLRUNG,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LA W
NO. 1995-4298 CIVIL
JAMES D. HELLRUNG,
Defendant
IN RE: CONTEMPT
ORDER
AND NOW, this .t. d r day of March, 2007, it appearing that the purge of$5,000.00
has been met, the prison is authorized to release the defendant.
BY THE COURT,
:rlm
AJ
~ria Cognetti, Esquire
For the Plaintiff
~es D. Hellrung
, 1353 Clover Lane ~
York, PA 17403
ra.~e.d to Cc. p
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ar lS e, Pa 17013
Receipt Date
Receipt Time
Receipt No.
3/20/2007
9:52:46
190340
HELLRUNG ANN E (VS)
Case,Number 1995-04298
Recelved of RKS CASH
MARYANN
Total Non-Cash
Total Cash . . . .. +
Ch ......... +
ange............ .
Receipt total
. . . . . .
HELLRUNG JAMES D
PD BY DEFT SISTER
.00
5,000.00
.00
5,000.00
Transaction Description
BOND
Distribution Of Payment
Payment Amount
5,000.00
PROTHONOTARY ESCROW
5,000.00
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DATE, TIME
FAX NO. 1 NAME
DURATION
PAGE(S)
RESULT
MODE
ANN E, HELLRUNG,
Plaintiff '
VS,
JAMES D. HELL'RtfNG,
Defendant
TRANSMISSION VERIFICATION REPORT
TIME : 03/20/2007 08:52
NAME :
FAX :
TEL :
SER.# : BROJ5J344047
03/20 08:52
92458792
00: 00: 11
01
OK
STANDARD
ECM
TN THE COURT OF COMMON PLEAS OF
'. CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LA W
NO. 1995-4298 CIVIL
IN RE: CONTEMPT
ORDER
AND NOW, this 1. 6"" day ofMal'ch, 2007, it appearing that the purge of$S,OOO.OO '
has been met, the prison is authorized to release the defendant.
Maria Cognetti, Esquire
For the Plaintiff
James D. Hellrung
1353 Clover Lane
v n,.!r P.A 1 '7d.(\~
BY THE COURT.
Ad
lI/' ',.
OF TH~LEQ~FFIGE
PH~.J TI-!n, NOT -
" ,\i. ,MY
2001 MAR 20
, " PM 2: 4 ,
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