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ANNETTE M. HECKMAN,
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, PLAINTIFF
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TRACY S. HECKMAN, SR.,
DEFENDANT
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DECREE IN
DIVORCE
AND NOW, """ '" '~rr,.,..,.~,,,, )"~"",, 19" ,97,. it is ordered and
decreed that ", ANNETTE. M., HECKMAN, , , " " " , , " " , " , " " , . '. plaintiff,
and" ,TRAGY, $,., ,~~GKMAN", ,~R,.""",,,,,,,,,,,,,,,,,,,,,,,,, defendant,
ore divorced from the bonds of matrimony.
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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;
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ANNETIE M. HECKMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY.
PENNSYLV ANIA
NO. 96-2692
vs.
TRACY S. HECKMAN, SR.,
Defendant
IN DIVORCE
OBDEB..m:.wJJ.BI
AND NOW, this
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Day of September, 1997. it is hereby
Ordered that the Property Settlement Agreement dated February 22. 1997 is
incorporated herein and made apart of this Order of Court.
BY THE COURT:
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MUTUAL RELEASES.
Husband and Wife do hereby
mutually remise, release, quit-claim or forever discharge the
other and estate of such other, for all time to come, find for
".11 purposes whatlloever, from any and all rights, title and
interest, or claims in or: against the estate of such other,
of whatever nature and wherever situate, which he or she now
has or at any time hereafter may have against such other, the
estate of such other or any part thereof, whl!ther arising out
of any former acts, contracts, engagements or liabi 1 i ties of
such other or by way of dower or curtesy, of claims in the nature
of dower or curtesy, 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 testamentary
or all other rights of a surViving spouse to participate in
a deceased spouse's estate, whether arising under the United
States, or any other country; or any rights which either party
may now have or at any time hereaf.tor have for the past, present,
or future support or maintenance, alimony, alimony pendente
li te, counsel fees, costs or expenses, whether arising as a
result of the marital relation or otherwise, except and only
except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for
the breach of any provision thereof.
It is the intention of
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Husband and Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect
to any and all property of any kind or nature, real personal
or mixed, which the other now owns or may hereafter acquire,
except,
and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise
under this Agreement or for the breach of any provision thereof.
2.
MUTUAL CONSENT/ADVICE OF COUNSEL.
Husband
and Wife acknowledge and understand the terms and conditions
of this Agreement, and Wife is represented by Diane M. Rupich,
Esquire, and Husband is not represented by an attorney and is
proceeding pro se; however, husband has had the opportunity
to have this Agreement reviewed by independent counsel of his
choice prior to execution of the same.
Husband and Wife acknowledge that they fully understand
the facts as to their legal rights and obligations under this
, Agreement.
Husband and Wife acknowledge and accept that this
Agreement is, under the circumstances, fair and equitable and
that it is being entered J.nto freely and voluntarily, and that
the execution of this Agreement is not the result of any
collusion or improper or illegal agreement or agreements.
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EOUITARLE DISTRIRUTION.
Husband and ~~i fe hereby
acknowledge that the only asset to be distributed between them
is the 401K Plan which ~usband has through his employer,
stroehmann Bakeries, Inc.
It is hereby agreed between the
parties that husband shall pay to wife the sum of Two Thousand
and no/l00 ($2,000.00) by August 15, 1996. Said sum of $2,000.00
represents the amount agreed upon between husband and wife
representin':l' wife's portion of husband's 4011( Plan through his
employer as of th~ date of separa tion.
By the execution of
this Agreement, husband hereby agrees and acknowledges that
said sum of $2,000.OIJ shall be paid to wife by August 15, 1996
in one lump sum amount.
Husband hereby acknowledges that his failure to pay
said sum of $2,000.00 to wife by August 15, 1996 will be
considered a breach of this Agreement and wife may
pursuant to the provisions hereinafter set forth.
proceed
4.
PERSONAL PROPERTY.
--
Except as set forth hereto,
Husband and Wife have agreed that their personal property has
been divided to the parties' mutual satisfaction and neither
party will make any claims to the property possessed by the
other, except as set forth hereto; None.
-4-
of and from any and all rights, title and interests, or claims
in or against the property (including income and gain from the
property hereafter accruing) of the other or against the estata
of each other, of whatever nature and wheresoever situate, which
he or she now has or at any time hereafter may have; specifically
including any rights which either party may have or at any time
hereafter have for past, present, or future spousal support,
or maintenance, alimony, alimony pendente lite, spousal support,
equitable distribution of marital property, attorney fees, costs
or expenses, whether arising as a result of the marital rolation
or otherwise.
It is the intentioll of the Husband and Wife to give
to each other by the execution of this Agreement, a full,
complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which
the other now owns or may hereafter acquire, except and only
except all rights and agreements and obligations of whatsoever
nature ariSing or which may arise under this Agreement or for
the breach of any provision thereof.
8. BREACH~ If either party breaches any provision
of this Agreement, the other party shall have the rights, at
his or her election, to sue in law or in equity to enforce any
rights and remedies which the party may have, and the party
breaching this Agreement shall be responsible for payment of
attorney fees and all costs incurred by the other in enforcing
his or her rights under this Agreement.
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9.
~AW OF PENNSYLVANIA APPLICABLE.
This Agreement
shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
10. DIVORCE.
- -
The parties hereto acknowledge that
their marriage is irretrievably broken.
The parties further
agree to execute the necessary Affidavits of Consent and Waiver
of Counseling,
simultaneously with the execution of this
Agreement. The parties further agree and acknowledge that this
Property Settlement Agreement shall be incorporated into said
Decree in Divorce; however, shall not merge therewith.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written.
Wj, tness I
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Heckman
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ANNETTE M. HECKMAN,
Pllilintiff
IN THE CXJURT OF ~ PLEAS
a.JMBJ:M..AND <XXJN1'l(, PmNSYLVANIA
No.
1996- 2962
Civil
VI.
TRACY S. HECKMAN, SR..
Defendant
CML ACl'IOO - LAW
PRAECIPE ro TRANSMIT REXX>RD
To th" Prothonotary:
Transmit the record, tosether with the followins information, to the court
for entry of a divorce decree:
1. Ground for divorcel irretrievable breekdown under Section ( ) 3301(c)
) ~X~KXX of the Divorce Code.
(Strike out inapplicable section.)
2. Date and manner of service of the complaint:
CERTIFIED MAIL ON JUNE 5. 1996
3. (Complete either parasraph (a) or (b) .)
(a) Date of execution of the affidavit of consent required by Section
3301(c)of the Divorce Coda: by the plaintiff SEPTEMBER 15. 1997
by defendant SEPTEMBER '2. 1997
(b) (1) Date of .~ecution of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code:
(2) da te of service of the pbint iff's a ffidav1 t upon the ce :.?"cant :
4. Rebted claim. pendin,: NONE
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ANNETTE M. HECKMAN.
Plalnti IT
IN THE COURT OF COMMON PLEAS
~~~COUNTY, PENNSYLVANIA
CUMBERLAND
, No. ~ 96-2962
I'
VB.
TRACY S. HECKMAN. SR..
Defendant
CIVIL ACTION. LAW
IN DIVORCE
I. A Complaint in Divorce Under Section 330 I ( ) of the Divorce Code was tiled
on---.MAY 2L1991i
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a fmal Decree in Divorce.
4. I understand that I may lose rights concerning alimony, division of property,
lawyers's fees or expenses if I do not claim them before a divorce is granted.
S. I have been advised of the availability of marriage counseling, and being so
advised. I do not request that the Court require my spouse and myself to
participate in marriage counseling.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements made herein are made subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Dated: SEPTEMBER 15. 1997
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. ANNETTE M. HECKMAN .,
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ANNETTE M. HECKMAN.
Plaintiff
IN THE COURT OF COMMON PLEAS
~.~~ COUNTY, PENNSYLVANIA
CUMBERLAND
No. ~ 96-2962
Vs.
TRACY S. HECKMAN. SR..
Defendant
CIVIL ACTION. LA W
IN DIVORCE
~ ~OIICE OF INTENT TO UQlJEST .ENTRY
Of' 1\ QJVORCE.PEC~I!; IJNJ>ER SEcrJ.QN
J.}Jll(c) OE.l1tE DIVOR~E COIlE
I. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony. division of property.
lawyer's fees or expenses ifI do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is
filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Date:_ SEPTEMBER 15. 1997
J/prl'rzeZli IJ &Al\'~(--
ANNETTE M. HECKMAN
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ANNETTE M. HECKMAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNA.
Plaintiff,
vs.
No. 96 . 2962
TRACY S. HECKMAN, SR..
Defendant.
CIVIL ACTION. DIVORCE
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WAIVER OF NQTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301lc) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses, if I do not claim them before a divorce is grunted,
3. I understand that I will not be divorced until a divorce deeree is entered by
the Court and that a <:opy of the Decree will be sent to me immediately afler it is filed with
the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. ~4904
relating to unsworn falsification to authorities.
Dated:
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