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HomeMy WebLinkAbout02-5656ROBERT WILLIAM HEBBARD II, PLAINTIFF VS. CRYSTAL EILEEN HEBBARD, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. - Gl, CIVIL TERM CIVIL ACTION. LAW ACTION FOR DIVORCE / CUSTODy NOT/CE TO DEFEND AND CLAIM RIGHTS You have been Sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A jUdgment may also be entered against you for any other c/aim or relief requested in these papers by the plaintiff. You may lose money or property children, or Other rights important to you, including custody or visitation of your When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage Counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PRO FEES OR EXPENSEs BEFORE A DIVORCE OR ANNUL''-- PERTy, LAWYER's THE RIGHT TO CLAIM ANy OF THEM. ~vmNT IS GRANTED, YOU MAY LOSE YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (7~7) 249-3~66 1-800-990-9108 ROBERT WILLIAM HEBBARD II, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. CIVIL TERM CRYSTAL EILEEN HEBBARD, : DEFENDANT : CIVIL ACTION. LAW : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301 c OF THE DIVORCE CODE AND NOW, comes the Plaintiff, ROBERT WILLIAM HEBBARD II, by and through his counsel, SUsan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.e., and makes the following consolidated Complaint in divorce for divorce and custody. 1. Plaintiff is ROBERT WILLIAM HEBBARD II, an adult individual, who resides at 6 Pine Tree Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Plaintiffhas resided in Cumberland County for over four (4) years. 2. Defendant is CRYSTAL EILEEN HEBBARD, an adult individual, who resides at 6 Pine Tree Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant Were lawfully married on June 4, 1988. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of Counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff or Defendant has ever been a member of the United States Military Services. 9. Plaintiff and Defendant have two (2) children from their marriage, COURTNEY ELIZABETH HEBBARD, born September 24, 1988, and ROBERT WILLIAM[ HEBBARD III, born June 10, 1994. C~OUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE COD~; 10. thereto. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, ROBERT WILLIAM HEBBARD II, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II - RE UEST FOR E UITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 a OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, ROBERT WILLIAM HEBBARD II, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. thereto. U~_ ?,R C?~ _NFIRMATION OF CUSTODY ,o~vr,~ ~r, CllONS 3104 a2 d3~ u~ ~HI~ DIVORCE CODE 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference 15. the Plaintiff and the Defendant at this time: N~AME _AGE~ _SEX. COURTNEY ELIZABETH HEBBARD 14 years Female ROBERT WILLIAM HEBBARD III 8 years Male The parties are the parents of the following minor children who reside with both DATE OF BI~RRTH September 24, 1988 June 10, ~994 16. During the past four (4) years the children have resided with the parties and at the addresses herein indicated: W~ITH_WHOM Plaintiff and Defendant ADDRESS 6 Pine Tree Drive Mechanicsburg, PA FR.~OM /TQ 1998 to present 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. Shared Legal Custody and Shared Physical Custody of their children. WHEREFORE, Plaintiff, ROBERT WILLIAM HEBBARD II, requests this Honorable Court grant Plaintiff, ROBERT WILLIAM HEBBARD II, and Defendant, CRYSTAL EILEEN HEBBARD Shared Legal Custody and Shared Physical Custody of the minor children, COURTNEY ELIZABETH HEBBARD and ROBERT WILLIAM HEBBARD III. The best interests of the children will be served if Plaintiff and Defendant have Dated: November.~[ , 2002 Respectfully submitted, LAW FIRM OF SUSAN KAy CANDIELLO, P.C. _ J~ t~atntiff FA I.D. # 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-~930 VER/FICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: ROBERT WILLIAM HEBBARD, II PLAINTIFF CRYSTAL EILEEN HEBBARD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5656 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, November 27, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesbur$, PA 17055 on Thursday, January 02, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conci][iator The Court of Common Pleas of Cumberland County is requh'ed by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR ~[ELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ¥INYA'IASNN:Jcl LLNFIO0 0I~¥~I:~9~.~!~'0 Al~¥/j)ri,L,', :.~-J.: ,:', i ;./:-i.L ~0 ~::) :,: :?-"-CI':~' '! ROBERT WILLIAM HEBBARD II, PLAINTIFF VS. CRYSTAL EILEEN HEBBARD, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-5656 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND : Beitknown, thatonthe ~04rx'x dayof ('~QVec,,.k-~JX. ,2002, beforeme, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Robert William Hebbard II, Plaintiff in the above-captioned matter. 3. On December 3, 2002, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9390, and addressed to the Defendant, Crystal Eileen Hebbard, at 6 Pine Tree Drive, Mechanicsburg PA 17055. 4. The return receipt card signed by the Defendant, Crystal E. Hebbard, showing a date of service of December 6, 2002, is attached hereto as Exhiibit "A". Pa.R.C.P. 403. Service by certified mail meets the requirements, of Pa.R.C.P. 404(2) and SWORN TO AND SUBSCRIBED before me, a Notary Public, this /~)q-~x day of ~ILe..~L~Q,>~ ,2002. Notary Public [ My Commission Expires: [iM Notarial Seal I Kimbedy R. Hanford, Nota~j Public icsburg Bom, Cumberland County Commission Expires Apr. 4, 2005 · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse se that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: RESTRICTED DELIVE [] Insured Mail A. ,~gnature i ~s~e~v~a~di~t~ ~ 17 D Yes Y~ddm~ ~low: ~ No ifM e ~' , ,. Ty~ ail ~p~s / Mail ] R~~ Return R~eipt for Memh~ ~ C.O.D. 4. Restricted Delivery? {Extra Fee) 2. Article Number 7001 2510 0003 4439 9390 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-O2-M-1540 Exhibit "A" ROBERT WILLIAM HEBBARD II, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 02-5656 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR CUSTODY CRYSTAL EILEEN HEBBARD, DEFENDANT STIPULATION FOR AGREED ORDER OF CUSTODY NOW THEREFORE, the parties, intending to be legally bound, agree as follows: Plaintiff is ROBERT WILLIAM HEBBARD II (hereinafter sometimes referred to as "Father") who currently resides at 6 Pine Tree Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Defendant is CRYSTAL EILEEN ItEBBARD (hereinafter sometimes referred to as "Mother") who currently resides at 4 Southpoint Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. COURTNEY ELIZABETH HEBBARD, born on September 24, 1988, and ROBERT WILLIAM HEBBARD III, born on June 10, 1994, are the natural children of the Father, ROBERT WILLIAM HEBBARD II, and the Mother, CRYSTAL EILEEN HEBBARD, and are the subjects of this Stipulation for Agreed Order of Custody'. It is Mother and Father's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their Mother and Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, ROBERT WILLIAM HEBBARD II, and Defendant, CRYSTAL EILEEN HEBBARD, have entered into a mutual agreement regarding the custody of their children, COURTNEY ELIZABETH HEBBARD and ROBERT WILLIAM HEBBARD III, and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share equally Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor children, COURTNEY ELIZABETH HEBBARD and ROBERT WILLIAM HEBBARD III. 2. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their children's best interest. Neither Mother nor Father may make unilateral, arbitrary decisions in these areas. 3. Mother and Father agree to keep the other informed of the progress of their children's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their children. 4. While in the presence of their children, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their children should respect and love. 5. It shall be the obligation of each parent to make their children available to the other in accordance with the physical custody schedule and to encourage their children to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. If either parent should be unreachable at their office or residence, then that party shall provide the other party with the necessary information to facilitate notification of an emergency. Day-to- day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both Father and Mother's names shall be listed with the school as the parent to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither Mother nor Father shall schedule activities ,or appointments for their children which would require their attendance or participation at said activity or appointment during a time when their children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties ELIZABETH HEBBARD following schedule. A. shall Share Physical Custody of their children, COURTNEY and ROBERT WILLIAM HEBBARD III, according to the Father and Mother shall have the children on alternating weeks, with the week beginning on Sunday afternoon between 1:00 p..m. and 3:00 p.m. The children shall get on and off the bus at Father's residence on days; the children are in school. B. On days the children are not in school, for snow days, school vacation and summer, the children shall remain in the home of the parent who has custody during that time period. The parents believe the daughter, Courtney, is sufficiently mature to care for her younger brother, Robert, without additional adult supervision. C. The parties shall alternate the following holidays. Father shall have the odd numbered holidays and Mother the even numbered holidays in the even numbered years, to alternate annually thereafter: 1) New Year's Eve and Day (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Memorial Day; 3) Independence Day (this day may be extended later in the evening to attend fireworks); 4) Labor Day. D. Easter: Mother and Father shall alternate Easter with Father getting Schedule A in the even numbered years and Mother getting Schedule B in the even numbered years, to alternate annually thereafter. A. To begin Saturday evening before Easter Sunday at 6:00 p.m. through Easter Sunday at 1:00 p.m. B. To begin Easter Sunday at 1:00 p.m. through the Monday after Easter at 6:00 p.m. E. Thanksgiving Day: Mother and Father shall alternate Thanksgiving Day with Father getting Schedule A in the even numbered years and Mother getting Schedule B in the even numbered years, to alternate annually thereafter. A. To begin Wednesday evening before Thanksgiving Day at 6:00 p.m. through Thanksgiving Day at 2:00 p.m. B. To begin Thanksgiving Day at 2:00 p.m. through the Friday after Thanksgiving Day at 6:00 p.m. F. Christmas. Mother and Father shall alternate Christmas with Mother getting Schedule A in the even numbered years and Father getting Schedule B in the even numbered years, to alternate annually thereafter. A. To begin Christmas Eve at 6;:00 p.m. through Christmas Day at 1:00 p.m. B. To begin Christmas Day at 1:00 p.m. through the day after Christmas at 6:00 p.m. G. Father shall have the children on FatherSs Day and Mother shall have the children with her on Mother's Day; H. Mother and Father shall each have the option of requesting one to two (1-2) non-consecutive weeks of vacation during the year with their children, providing a minimum of thirty (30) days' notice of the time requested to the other party. I. All holidays, vacations, and specially designated times for visitation with their children shall supersede the regularly scheduled visitation. Holidays shall begin at 5:00 p.m. the evening before the holiday and extend through 8:00 p.m. the day of the holiday, unless the parties agree to other times. 11. Mother and Father agree to contact each other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with their children for more than four (4) hours. 12. Mother and Father agree to share transportation equally, with the party beginning their period of visitation being responsible to get their children. 13. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their ..sons. The parties agree to discuss sharing the costs of any extraordinary expenses for their children. 14. Mother shall continue to provide medical insurance for the children. Father and Mother agree to equally (50/50) share any uncovered medical, dental, orthodontia, and psychological expenses for the children. 15. The parent with physical custody of their childre, n agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their children have become involved. 16. Father shall have the income tax deduction for his daughter, Courtney Elizabeth Hebbard, and Mother shall have the income tax deduction for her son, Robert William Hebbard III. Both parties agree they will sign and deliver to the other party the IRS Form No. 8332, for the purpose of implementing this paragraph, on or before January 31 in the year following the year for which the tax deduction is requested. 17. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties. 18. The parties shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change by both parties. WITNESS~ and signed L EILEEN HEBBARD [This space is intentionally left blank.] coMMONWEALTH OF PENNSYLVANIA : : SS: cOUNTY OF cUMBERLAND : , 2002, before me, a Notary On this the ~h4~x day of j;~'~.~ Je~i--~ned officer, personally appeared the 'Com~-onweai-th of Pennsylvania, me unu '5 be the person Public for . . ' ed to the within Stipulation for Agreed Order of Custody, and ROBERT WILLIAM HEBBARD II known to me (or satisfactorily proven) to whose name ~s subscnb . . .,_ ..... f~,r the r)umose therein contained. acknowledged that he executeu tn~ ~ax ........ IN WITNESS WHEREOF, I have set my hand and notarial seal. ~otary Public g My Commission Expires: C~ q I Uotaria~ Soa~ ! Kknbedy FI. Hanford, Nota~ I~~ ~r~, Cumb~flan¢ ~ ~ ~mmission ~xpires Apr. COMMONWEALTH OF PENNSYLVANIA : : SS: couNTY OF CUMBERLAND : y~~u~e , 2002, before me, a Notary O~ %fe "- rsigne-d officer, personally appeared Public for nns CRYSTAL EILEEN HEBBARD known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation. for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. My Commission Expires: ~ q i Notarial Seal Kimberly R. Hartford, Notary Public Mechanicsburg Boro_, Curnb.edan.d My Commission ~xpires Apr. 4, zuuo JAN 0 3 2003 ROBERT WILLIAM HEBBARD II, PLAINTIFF VS. CRYSTAL EILEEN HEBBARD, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-5656 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR CUSTODY ORDER OF COURT AND NOW, this ~ ~day of ~ 29~ ,o ~ ~ ,2003, upon consideration of the ! attached Stipulation for Agreed Order of Custody, Plaintiff, ROBERT WILLIAM HEBBARD II, and Defendant, CRYSTAL EILEEN HEBBARD, shall SHARE LEGAL CUSTODY and Plaintiff, ROBERT WILLIAM HEBBARD II, and Defendant, CRYSTAL EILEEN HEBBARD, shall SHARE PHYSICAL CUSTODY of the minor children, COURTNEY ELIZABETH HEBBARD and ROBERT WILLIAM HEBBARD III, in accordance with the language contained in the within Stipulation. BY THE COURT, Jo JAN 0 7 2003~' ROBERT WILLIAM HEBBARD II, Plaintiff VS. CRYSTAL EILEEN HEBBARD, Defendant IN THE COURT OF cOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5656 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this ~ day of~, the conciliator, being advised by the Plaintiff's counsel, that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for today is cancelled. FOR THE COURT, ~ate Dawn S. Sunday, Esquire Custody Conciliator MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this & day of ,2003, and between ROBERT WiLLiAM HEBBARD ii and~d~CRYSTAL Ei~gEEN~H BBARD. by RECITALS Wife's Birthday and Social Security Number: Husband's Birthday and Social Security Number: Date of Marriage: Place of Marriage: Last Marital Residence: Date of Separation: Children: October 5, 1965 December 20, 1958 161-62-9073 176-52-5780 June 4, 1988 Mechanicsburg, PA 6 Pine Tree Drive, Mechanicsburg, Cumberland County, PA 17055 November 24, 2002 COURTNEY ELIZABETH HEBBARD, born on September 24, 1988 ROBERT WILLIAM HEBBARD III, born on June 10, 1994 Pending Court Proceedings: None Divorce Court of Common Pleas No. 02-5656 Civil Term of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, 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 limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow'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 laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Husband shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the 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. 3 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Husband. Wife has been apprised of her need for counsel and has waived her right to counsel. (Please see Waiver of Right to Counsel attached hereto and made a part hereof at Exhibit "A".) The parties acknowledge that each has been advised of their right to obtain independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Mechanicsburg, Pennsylvania 17050, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Crystal Eileen Hebbard, at 4 Southpoint Drive, Mechanicsburg, Pennsylvania, 17055, or such other address as Wife from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1999 Toyota Tacoma Pickup Truck has been titled solely in Husband's name and shall hereafter be the sole and exclusive property of Husband. Husband has caused Wife's name to be removed from the loan on this vehicle. The loan is now solely in the name of the Husband. Husband agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. B. The 2001 Honda Accord has been titled solely in Wife's name and shall hereafter be the sole and exclusive property of Wife. Wife has caused Husband's name to be removed from the loan on this vehicle. The loan is now solely in the name of the Wife. Wife agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties had joint checking and savings accounts with Fulton Bank. These accounts have been closed. The parties have divided all the monies in these accounts to their mutual satisfaction. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to these accounts. The funds from these accounts shall hereafter be the sole and exclusive property of the party in possession of them. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 4. LIFE INSURANCE Husband and Wife each have a life insurance policy. Neither Husband nor Wife's life insurance policy has any cash value. Husband and Wife agree to maintain these life insurance policies with each other as the trustee of the proceeds of the life insurance policy to be held in trust for their children, Courtney and Robert. 5. RETIREMENT INTEREST Husband Husband does not have any retirement interests. Wife Wife does not have any retirement interests. 6. HUSBAND'S BUSINESS "Today's Packing L.T.D." Husband has a business which is primarily the work effort of Husband. There is no inventory or business equipment with any value in the business. Wife waives any right, title and interest she may have or assert against "Today's Packing L.T.D.", Husband's business. Wife further agrees from the date of the execution of this Agreement she will not take any action, either directly or indirectly, to interfere with Husband's business. Wife shall receive as her equity in Husband's business and in the marital residence a cash sum of Five Thousand Dollars and No Cents ($5,000.00). Wife agrees to cooperate in the execution of any and all documents necessary to sign over all right, title and interest in "Today's Packing L.T.D." to Husband. These documents shall be executed at the time of the execution of this Agreement. 7. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value Husband has requested to keep the marital residence and Wife has agreed. There is little or no equity in the marital residence. Wife shall receive as her equity in the marital residence and Husband's business the sum of Five Thousand Dollars and No Cents ($5,000.00). Husband shall take such actions to cause the Wife's name to be removed from the mortgage on the marital property no later than sixty (60) days from the date of the execution of this Agreement. Wife agrees to sign a deed transferring her right, title and interest in the marital residence to Husband at the same time as the execution of this Agreement. Husband's counsel shall prepare and record the deed to the marital residence. Husband shall hereafter be responsible for all taxes, insurance, loans, liens, and mortgages on the marital residence. 8. JOINT DEBTS AND LIABILITIES The only joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: 1) Mortgage on the Marital Residence. Husband shall refinance the mortgage on the marital residence removing Wife's name from the mortgage. Husband shall be responsible for all mortgages, loans, liens, taxes, and insurance on the marital residence. 2) Home Equity Loan on the marital residence with PNC Bank. Husband shall refinance the Home Equity Loan, of approximately $18,000.00, removing Wife's name from the Home Equity Loan. Husband agrees he shall be solely responsible for the Home Equity Loan on the marital residence. 3) Fleet Bank account. Husband agrees to be solely responsible for the parties' marital account with Fleet Bank in the approximate amount of $10,000.00. 4) Chase account. Husband agrees to be solely responsible for the parties' marital account with Chase in the approximate amount of $ 7,500.00. 5) Sears Gold account. Husband agrees to be solely responsible for the parties' marital account with Sears, in the approximate amount of $3,000.00. 6) Vehicle Loans: Wife has refinanced the loan for the 2001 Honda Accord into her sole name, removing Husband's name from the loan, and shall assume full responsibility for said loan; bo Husband has refinanced the loan for the 1999 Toyota Tacoma Pickup Truck into his sole name, removing Wife's name from the loan, and shall assume full responsibility for said loan. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 9. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclose& The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the 10 sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall 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 acquired by him or her after execution of this Agreement, 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. 11. RELEASE OF SUPPORT AND ALIMONY / ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 12. INCOME TAX RETURNS The parties agree to file a joint income tax return for the year 2002. If there are any taxes due and owing for the year 2002 which can be directly traced to either Husband or Wife, that party shall be responsible for paying those taxes. If there are taxes due and owing which are joint taxes not attributable to either Husband or Wife, the parties shall be equally (50/50) responsible for those taxes. If there are any income tax refunds from the tax year 2002, the parties agree to equally (50/50) divide any income tax refunds. 11 Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 13. COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual counsel fees and expenses incurred in connection with the parties' marital dissolution, and neither shall seek any further contribution thereto from the other party except as otherwise expressly provided herein. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. ESS ~_~ - WILLIAM HUSBAND [This space is intentionally left blank.] 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the [c~'lAx day of ?¢,f'~ SS: ,2003, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared CRYSTAL EILEEN HEBBARD known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public~ u My Commission Expires: ~0 Nctadal Seal Kimberly R. Hartford, Notary Public Mochanicsburg Bo, o, Cumberland County My Commission Expires Apr. 4, 2C05 COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : On this, the le~ day of SS: ,2003, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared ROBERT WILLIAM I-IEBBARD II known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Commission Expires:~ q~ c)005- ~ Notari~d Seat ,, I Kimbedy R. Hartford, Notary Public ]Mschanicsburg Bore, Cumberland County I My Commiss!or, Expires Apr. 4, 2005 13 EXHIBIT "A" ROBERT WILLIAM HEBBARD II, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 02-5656 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE CRYSTAL EILEEN HEBBARD, DEFENDANT WAIVER OF RIGHT TO COUNSEL FOR MARITAL PROPERTY SETTLEMENT AGREEMENT I, CRYSTAL EILEEN HEBBARD, do hereby acknowledge that I am the Wife in this divorce action. I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property rights as Wife in this divorce action are determined by this Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital Property Settlement Agreement. I have been advised of and do hereby waive my rights to an attorney to represent me on the issue of the Marital Property Settlement Agreement. Date: [Y~ O.f~ I~ , 2003 ~-I~.¥ST~L EILEEN HEBBARD - COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this, the I~''~'x day of ~ ,2003, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared CRYSTAL EILEEN HEBBARD known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Waiver of Right to Counsel for Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Commission Expires:C~ ] Notarial Seal [ Kimberly R. Hanford Notary Pub c [Mechanicsburg Bom, Cumberland County ~ I~:y Commission Expires Apr 4 2005 ROBERT WILLIAM HEBBARD II, PLAINTIFF VS. CRYSTAL EILEEN HEBBARD, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-5656 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 22, 2002. 2. The marriage between the 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 final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true a~ d~9~nderstand that false statements herein are made subject to the penalties of 18 ...~a~.'~ ~ ~"' ~ .'S/'S,OJ~.~ 4904, relating to unsworn falsification to authorities. DATE T WILLIAM HEBBARD II ROBERT WILLIAM HEBBARD II, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 02-5656 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE CRYSTAL EILEEN HEBBARD, DEFENDANT WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF .4 DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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 false statements herein are made subject to the penalties of unsworn falsification to authorities. t ru.p~f~. I unde rs tand that tion 4904 relating to E}tT E ---ffffff ii- DATE ROBERT WILLIAM HEBBARD II, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 02-5656 CIVIL TERM : : CIVIL ACTION - LAW CRYSTAL EILEEN HEBBARD, DEFENDANT : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 22, 2002. 2. The marriage between the 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 final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DAT~E ~'~kL EILEEN HEBBARD ROBERT WILLIAM HEBBARD II, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 02-5656 CIVIL TERM : : CIVIL ACTION - LAW CRYSTAL EILEEN HEBBARD, DEFENDANT : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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. DA~E- - ~I'AL E~ILEEi~ HEBBAR~)- ROBERT WILLIAM HEBBARD II, PLAINTIFF VSo CRYSTAL EILEEN HEBBARD, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5656 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. o o o Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of Complaint: Service upon the Defendant via Certified Mail, Return Receipt Requested, Restricted Delivery, on December 6, 2002. The Affidavit of Service Certified Mail was filed with the Cumberland County Prothonotary on December 13, 2002. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: March 12, 2003 Defendant: March 12, 2003 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on March 12, 2003 by the Plaintiff and on March 12, 2003 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Dated: March I'~, 2003 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Can~l'o, ~s~qulrev Counsel for Plaintiff ) PA I.D. # 6499~ 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 IN PLEAS ROBERT WILLIAM HEBBARD II, THE COURT OF COMMON Of CUMBERLAND COUNTY STATE OF PENNA. VERSUS CRYSTAL Ei~,k~N HEBBARD, DEFESDANT NO. 02-5656 CIVIL TERM DECREE IN DIVORCE AND NOW, DECREED THAT AND ROBERT WILLIAM HEBBARD II CRYSTAL EILk~N HEBBARD ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 2C-'~.~ IT IS ORDERED AND , PLAINTIff, , DEFENDANT, 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; BY THE COURT: //~ .¢'? ATT S :' ', ~- ,.~ j ~ ~ PROTHONOTARY ROBERT WILLIAM HEBBARD H, PLAINTIFF YSo CRYSTAL EILEEN I~EBBARD, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-5656 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I1' YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT Wl:II~RE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213A North Front Street Harrisburg PA 17101 (800) 932-0356 ROBERT WII,LIAM HEBBARD II, PLAENTIFF VS. CRYSTAL EILEEN HEBBARD, DEFENDANT : IN THE~ COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA ; : NO. 02-5656 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDEB AND NOW, comes the Plaintiff, ROBERT WILLIAM HEBBARD H, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Petition for Modification of Custody Order upon a cause of action of which the following is a statement: 1. The Plaintiff is ROBERT WILLIAM HEBBARD li who presently resides at 6 Pine Tree Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is CRYSTAL EILEEN HEBBARD, who currently resides at 821 Old Silver Spring Road cYo Walnut Villas, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks to continue Shared Legal Custody and be awarded Primary Physical Custody of the following children: Name Present Residence Date of Birth Courmey Elizabeth Hebbard 6 Pine Tree Drive September 24, 1988 Meehanicsburg, PA Robert William Hebbard, IiI 6 Pine Tree Drive June 10, 1994 Mechanicsburg, PA (Robert resides approximately one-half (1/2) of the time with the Defendant, at 821 Old Silver Spring Road c/o Walnut Villas, Mechanicsburg, PA). 5. Plaimiff. Hebbard, III. 6. persons at the following addresses: Name{s) Plaintiff, Defendant The children were bom during the parties marriage. Courmey Elizabeth Hebbard is presently in the Primary Physical Custody of the The Plaintiff. and the Defendant presently share Physical Custody of Robert William During the past five (5) years, the children have resided with the following Address 6 Pine Tree Drive Mechanicsburg, PA Dates 1998 to January, 2002 (Plaintiff and Defendant Shared Physical Custody of the children.) Plaintiff 6 Pine Tree Drive Mechanicsburg, PA January, 2002 to October 9, 2003 Defendant 4 Southpoint Drive Mechanicsburg, PA January, 2002 to May, 2003 Defendant 993 Ethan Court Harrisburg, PA May, 2003 to October 9, 2003 (Plaintiff began Primary Physical Custody of Courtney, but the parties continued to Share Physical Custody of Robert.) Plaintiff. 6 Pine Tree Drive October 9, 2003 to Present Defendant 993 Ethan Court Harrisburg, PA October 9, 2003 to December, 2003 Defendant 821 Old Silver Spring Road December, 2003 to Present c/o Walnut Villas, Mechanicsburg, PA 7. The mother of the children is Defendant, who presently resides at 821 Old Silver Spring Road c/o Walnut Villas, Mechanicsburg, Pennsylvania, 17055. 8. The father of the children is Plaintiff who currently resides at 6 Pine Tree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 9. Plaintiff and Defendant are divorced, both are single. 10. The relationship of the Defendant to the children is that of natural mother. It is unknown who the Defendant currently resides with. 11. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff does not reside with anyone. 12. Plaintiffhas participated as a party in a prior custody agreement concerning the custody of the children. The court, term and number, and its relationship to this action are as follows: the court was Cumberland County, the docket number is 02-5656, the result was a custody stipulation and order dated January 6, 2003 which is attached hereto and made a pan hereof as Exhibit "A". 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth at this time. 14. Plaintiff does not know ora person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff has great love and concern for his children's physical, educational and psychological safety and well-being; B. Plaintiff has always been the children's primary caregiver; C. Defendant has placed her primary focus upon resuming a life style which does not include appropriate interaction, activities and time with the children; D. Defendant has moved three (3) times and has resided with four (4) individuals, since January, 2003; E. Defendant has never been able to engage in supportive, structured, nurturing relationships with the children; F. As a direct result Defendant is not able to engage in a positive relationship with the daughter, Courtney and Courtney has chosen to reside with the Plaintiff; G. Since the relationship between the Defendant and Courtney has been terminated, Courtney's grades at school and her mental and physical well being have dramatically improved; H. The son, Robert, is suffering great emotional and psychological difficulty as he attempts to interact with and support the Defendant; I. The son, Robert has suffered several near catatonic seizures or states and has been seen physically abusing himself; J. The son, Robert, needs the loving, supportive, structured environment, which the Plaintiff can provide him. 16. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WFtEREI~ORE, Plaintiff, ROBERT WILLIAM I~EBBARD, ll~ requests this Honorable Court continue SHARED LEGAL CUSTODY of the children between the Plaintiff and the Defendant and grant the Plaimiff, ROBERT WILLIAM IiEBBARD, IL PRIMARY PIIYSICAL CUSTODY of the minor children, COURTNEY ELIZABETIt I~EBBARD and ROBERT WILLIAM HEBBARD m, the Defendant, CRYSTAL EILEEN HEBBARD, PARTIAL PHYSICAL CUSTODY of the minor children, COURTNEY ELIZABETH I~EBBARD and ROBERT WILLIAM l~EBBARD m. Dated: March I , 2004 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Kay Car el o, quire Counsel for plaintiff ) PA I.D. # 64998 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 NOI~LVDI~I1H~IA ROBERT WILLIAM HEBBARD, II PLAINTIFF V. CRYSTAL EILEEN HEBBARD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-5656 CiViL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 10, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Tuesday, April 06, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. Al such conference, an eftbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be !oresent at the conference. Failure to a!o!0ear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business betbre the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AEFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ROBERT WILLIAM HEBBARD Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5656 CIVIL ACTION LAW CRYSTAL EILEEN HEBBARD Defendant IN CUSTODY' ORDER AND NOW, this 27TM day of April ,2004, neither party having appeared for the conciliation conference scheduled for April 21, 2004, the conciliator, subsequently being advised by counsel that all custody issues have been resolved by agreement, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esqtfire Custody Conciliator