HomeMy WebLinkAbout97-00338
PROPERTY SE'l"l'LEMEN'l' AGREEMENT
THIS AGREEMEN'l', made this
I $j?1- day Of~,
1997 by and
between CHERI A. HECKARD of Cumberland County, Pennsylvania
(hereinafter referred to as WIFE), and RONALD E. HECKARD of Dauphin
County, Pennsylvania (hereinafter referred to as HUSBAND),
WHBREAS, HUSBAND and WIFE were lawfully married on June 23,
1977 in Cumberland County, Pennsylvania, and:
WHBREAS, one (1) child was born of this marriage, namely,
SARAH HECKARD, born January 28, 1985, and:
fiHBREAS ,
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 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 by specification: the settling of all matters between
them relating to the ownership and equitable distribution of real
and personal property: the settling of all matters between them
relating to past, present and future support and alimony: and in
general, the settling of any and all 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
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hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each intending to be legally bound, hereby covenant and agree
as follows:
1. separation: It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time chose or deem fit.
The foregoing provision shall not be taken as an admission on the
part of either party of the lawfulness or unlawfulness of the
causes leading to their living apart.
2. Interference: Each party shall be free from
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 cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful
existence of the other, while living separate and apart.
3. SUbsequent Divorce: The parties hereby acknowledge that
HUSBAND had filed a Complaint in Divorce on January 21, 1997 in
Cumberland County, Pennsylvania to docket number 97 - 338 Civil,
claiming that the marriage is irretrievably broken under the no-
fault mutual consent provision of Section 3301(c) of the
pennsyl vania Divorce Code. WIFE hereby expresses her agreement that
the marriage is irretrievably broken and expresses her intent to
execute any and all affidavits or other documents necessary for the
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parties to obtain an absolute divorce pursuant to Section (c) of
the Divorce Code. The parties hereby waive all rights to request
Court-ordered counseling under the Divorce Code. It is specifically
understood and agreed by the parties that the provisions of this
Agreement as to equitable distribution of property of the parties
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 separation or 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 any such separation or divorce; and that
nothing in any such decree, judgment, 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 specifically agreed, that a copy of this Agreement
or the substance of the provisions thereof, may be incorporated by
reference into any divorce, judgment or decree. It is the specific
intent of the parties to permit this Agreement to survi "Ie any
judgment and to be forever binding and conclusive upon the parties.
4. Date of Execution: The "date of execution" or
"execution date" of this Agreement shall be defined as the day 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
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execution by the party last executing this Agreement.
5. 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 specified herein.
6. Mutual Release: HUSBAND and WIFE each do hereby mutually
remise, release, quitclaim 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 interests, or
claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of
such other, of whatever nature and wheresoever situate, 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 curtesy, or 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 laws of (a) Pennsylvania, (b) any state,
Commonwealth or territory of the United states, or (c) any country,
or any rights which either party may have or at any time hereatter
shall have for past, present or future support or maintenance,
alimony, alimony pendente lite, counsel fees, property division,
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costs or expenses, whether arising as a result of the marital
relations or otherwise, except, all rights and obligation 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 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.
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, alimony, counsel fees and expenses, alimony
pendente lite or any other claims pursuant to the Pennsylvania
Divorce Code or the divorce laws of any other jurisdiction.
7.
Advice of counsel:
The provisions of this Agreement and
their legal effect have been fully explained to WIFE by BARBARA
SUMPLE-SULLIVAN, ESQUIRE counsel for WIFE, and to HUSBAND by
MARYANN MURPHY, ESQUIRE, counsel for HUSBAND.
HUSBAND and WIFE acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable and that it is being
entered into freely and voluntarily and that execution of this
Agreement is not the result of any duress or undue influence and
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that it is not the result of any collusion or improper or illegal
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agreement or agreements.
8.
Warranty as to Bristing Obligations:
Each party
represents that he or she has not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the
other party may be responsible or liable except as may be provided
for in 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 obligation arising out of this Agreement.
9.
BXIS'l'ING DB111'S:
HUSBAND and WIFE agree that there are
no existing marital debts.
HUSBAND agrees to be solely responsible for any and all debts
in his individual name, and he further agrees to indemnify WIFE and
hold her harmless from any and all liability for same.
WIFE agrees to be solely responsible for any and all debts in
her individual name, and she further agrees to indemnify HUSBAND
and hold him harmless from any and all liability for same.
10. Warranty as to Future Obllaations: HUSBAND and WIFE each
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
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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.
11. Marital Residence:
The parties owned, as tenants by
the entireties, real property located at 103 Center street, Enola,
Cumberland County, Pennsylvania. HUSBAND and WIFE acknowledge that
this property has been sold and the net proceeds from the sale are
thirty-three thousand sixty dollars and seventy-eight cents
($33,060.78). HUSBAND and WIFE agree that these proceeds shall be
equally divided between themselves, with each party receiving
sixteen thousand five hundred thirty dollars and thirty-nine cents
($16,530.39) at the time of the execution of this Agreement.
The parties agree that the refund from escrow, in the amount
of one hundred ninety-nine ($199.00) dollars, shall become the sole
and exclusive property of WIFE. In addition, any additional escrow
refunds relative to the marital residence shall become the sole and
exclusive property of WIFE.
12. Personal PrOJl6r1;y: The parties agree that HUSBAND shall
become the sole and exclusive owner of the two (2) shares of Sunoco
stock currently in WIFE's possession, and all of the personal
property currently in his possession. WIFE shall provide the two
(2) shares of Sunoco stock to HUSBAND at the time of the execution
of this Agreement.
The parties agree that WIFE shall become the sole
exclusive owner of all of the personal property currently in
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possession, except for the two (2) shares of Sunoco stock which
shall be given to HUSBAND.
HUSBAND and WIFE agree that they have divided all of their
personal property between themselves to their mutual satisfaction.
Nei ther party shall make any claim to any such item of marl tal
property, or of the separate personal property of either party,
except as provided for in this Agreement, which will be in the
possession and/or under the control of the other at the time of the
execution of this Agreement. Should it become necessary, the
parties each agree to sign, upon request, any titles or documents
necessary to give effect to this paragraph.
Property shall be deemed to be in the possession or under the
control of either party if, in the case of tangible personal
property, the item is physically in the possession or control ot
the party at the time of the execution of this AgreementJ and in
the case of intangible personal property, if any physical or
written evidence of ownership, such as passbook, checkbook, policy
or certificate of insurance or other similar writing is in the
possession or control of the party at the time of the execution ot
this Agreement.
13. Life Insurance Poliqy:
The parties acknowledge that
there is a life insurance policy through New York Life. HUSBAND and
WIFE agree that HUSBAND shall become the sole and exclusive owner
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of this life insurance policy and of the cash value ot saae. WIPI"
agrees to execute any and all documents necessary to etfectuate tiUI:
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terms of this agreement.
14. Pension/Retire~nt Benefits: The parties agree that
neither of them has any pension/retirement benefits acquired during
the course of the marriage.
15. Hotor Vehicle: The parties agree that WIFE shall become
the sole and exclusive owner of the 1988 Plymouth Voyager and the
proceeds from the sale of the 1983 Ford Escort. HUSBAND agrees to
transfer the title of the 1988 Plymouth Voyager to WIFE's
individual name wi thin ten (10) days of the execution of this
Agreement. Both parties acknowledge that there are no liens on the
Voyager.
16. CUst~: The parents agree that they shall share legal
custody of their minor child, SARAH HECKARD, born January 28, 1985.
Both parents shall be involved in making major decisions regarding
their child including, but not limited to, religious, medical and
educational. MOTHER agrees to provide FATHER with information
pertaining to SARAH such as; report cards, progress reports,
schedules of school and extracurricular activities, and health
issues.
The parents agree that MOTHER shall have primary physical
custody of the minor child, and FATHER shall have liberal partial
physical custody of the child by agreement of the parents. At a
minimum, FATHER shall have the opportunity to have SARAH two (2)
days each week. By agreement of the parents, SARAH may stay
overnight with FATHER when she does not have school the following
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day.
with regard to the holidays, MOTHER and FATHER both agree to
cooperate with each other to coordinate their holiday custody times
with their respective work schedules. The parents shall decide
between themselves whether to alternate or share the holidays with
SARAH, and MOTHER and FATHER shall determine the specific times
each shall have their daughter.
Each parent shall have the opportunity to have SARAH for two
(2) uninterrupted weeks of custody in the summer. These weeks need
not be taken consecutively. MOTHER and FATHER agree to give each
other two (2) weeks notice of their choice of summer vacation
periods. In the event that both parents choose the same time for
summer vacation, the parent who provided the first notice shall
prevail. FATHER shall have the opportunity to spend additional time
with SARAH as the parties can agree.
MOTHER shall have the children on Mother's Day and FATHER
shall have the children on Father's Day.
Each parent shall have the opportunity to see the minor child
for a period of time on SARAH's birthday, January 28th, and on each
of their birthdays, February 24th for MOTHER and October 8th for
FATHER.
The parents agree to permit reasonable telephone contacst: ",
between the child and the other parent.
Both parents agree that it is in the
that she have a close relationship with each parent.
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MOTHER and FATHER agree to cooperate with each other regarding a
custody schedule for and in the best interests of their daughter.
17. Mter Acquired Personal proJ'9rty: Each of the parties
shall hereafter own and enjoy, independently of any claims or right
of the other, all items of personal property, tangible or
intangible, 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.
18. JUwlicabi1ity of Tax Law to PrQ,pertv TransfArs: The
parties hereby agree and express their intent that any transters of
property pursuant to this Agreement shall be within the scope and
applicability of the Deficit Reduction Act of 1984 (herein the
"Act"), specifically, the provisions of said Act pertaining to
transfers of property between spouses or 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 said Act.
19. Waiver of A1i~JU': The parties herein acknowledye that
by this Agreement they have respectively secured and maintained
substantial financial resources to provide for their comtort,
maintenance and support, in the station of life to which they are:
accustomed. HUSBAND and WIFE do hereby waive, release and give up
any rights they may respectively have against the other tor
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alimony, spousal support or maintenance. It shall be, from the
execution of this Agreement, the sole responsibility of each of the
respective parties to sustain themselves without seeking any
support from the other party.
20. Waiver of s.pousal SURPOrt. AIi"IlY Pendente Lite and
Legal F_s: Each party hereby waives any rights to spousal
support and alimony pendente lite. The parties agree to be
responsible for their own attorney's fees.
21. Disclosure and Waiver of Procedural Rights: Each party
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 the 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 trom the
provisions of this Agreement.
Both parties waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of
all marital and separate property as defined by the Pennsylvania
Divorce Code:
b. The right to obtain an Income and Expense state..nt
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of the other party as provided by the Pennsylvania Divorce Code1
c. The right to have the Court determine which property
is marital and which is non-marital and equitably distribute
between the parties that property which the Court determines to be
marital;
d. The right to have the Court decide any other rights,
remedies, privileges, or obligations covered by this Agreement,
including but not limited to, possible claims for divorce, spousal
support, alimony, alimony pendente lite, counsel fees, costs and
expenses.
22. Waiver of Hodification 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 of any breach
hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
23. Hutual COQ96ration: Each party shall, at any time and
from time to time hereafter, take any and all steps and execute,
acknowledge and deliver to the other party any and all further
instruments and/or documents that the other party may reasonably
require for the purpose of giving full force and effect to the
provisions of this Agreement.
24. ~licable Law: This Agreement shall be construed in
accordance with the laws of the Commonwealth of Pennsylvania which
are in effect as of the date of execution of this Agreement.
25. Agree_nt Binding on Heirs: This Agreement shall be
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binding and shall inure to the benefits of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
26. Int~ration:
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.
27. other Docu_ntation: HUSBAND and WIFE covenant and agree
that they will forthwith 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.
28. No Waiver on DeLault: This Agreement shall remain in
full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure ot either
party to insist upon strict performance of any ot the provisions ot
this Agreement shall in no way affect the right ot such party
hereafter to enforce the same, nor shall the waiver ot any detault
or breach of any provisions hereof be construed as a waiver ot any
subsequent default or breach of the same or similar nature, nor
shall it be construed as a waiver of strict performance ot any
other obligations herein.
29. Severability: If any term, condition, ~~,~~,',~~~lf~':;;e):'.i)
provision of this Agreement shall be determined or dllOl.recltOf~,t;{~~t~".',,:,,:v,< ,
14 '," "";.:\U::.~:f~.~~~iwlW~~;j:
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 his or her obligation under anyone or
more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or
alter the remaining obligations of the parties.
30. Breach: If either party breaches any provision of this
Agreement, the other party shall have the right, at 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. 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.
31. Headings Not part; of ~ree_nt: Any heading 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.
IN WITNESS WHEREOF, the parties hereto have set their
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hands and seals this day and year first above written.
9~~~~J1 Witness
1}~1JJ 'tn."
cItr~ {,R. t1flt1~
ERI A. HBClCARD
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RONALD B. HECDllD, I IN THE COURT or COKKON PLEAS
plaintiff I CUHBERLAND COUNTY, PBNIISYLVA!fIA
I
v. I NO. 97-338 CIVIL
I
CBBRI A. HICDllD, I
Defendant I IN DIVORCI
PRAECIPE TO TRANSMIT RICORD
To The prothonotary:
Transmit the record, together with the following information,
to the court for entry of a divorce decree:
1.
Ground for divorce:
Irretrievable breakdown under
section 3301(C) of the Divorce Code.
2. Date and manner of service of the complaint: Defendant's
attorney, Barbara sumple-Sullivan, accepted service of the Divorce
Complaint on the 31st day of January, 1997 by first-class mail.
3. (complete either paragraph (a) or (b).)
(a) Date of execution of the Affidavit Of Consent
required by section 3301(C) of the Divorce Code: by the plaintift
september 18, 1997; by the Defendant september 18, 1997
(b)(l) Date of execution of the plaintiff's Affidavit
required by section 3301(d) of the Divorce Code:
(2) Date of filing and service of the plaintiff's
Affidavit upon the Respondent:
4. Related claims pending: All claims resolved.
5. Complete either (al or (b).
(a) Date and manner of service of the Notice ot
Intention to file Praecipe To Transmit Record, a copy of which is
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RONALD E. HECKARD, .
.
Plaintiff .
.
: 17- 3ft . (il' .
v . NO. , Il.Ll<....Z-
.
.
.
CHERI A. HECKARD, .
.
Defendant . IN DIVORCE
.
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims set forth in the following pages, you must take
prompt action.
You are warned that if you fail to do so, the case 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 claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary, Cumberland County Courthouse, Carlisle,
Cumberland County, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
Cumberland County Courthouse, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RONALD E. HECKARD, :
Plaintiff : 9 7, 3.3:i' 6;;J T..L<..o-
v. . NO.
.
:
CHERI A. HECKARD, .
.
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE
330Hcl
AND NOW comes the Plaintiff, RONALD E. HECKARD, by and through
his attorney, Maryann Murphy, Esquire, who respectfully avers as
follows:
1. Plaintiff is RONALD E. HECKARD, who resides at 1412
Piketown Road, Harrisburg, Dauphin County, Pennsylvania.
2. Defendant is CHERI A. HECKARD, who resides at 103 Center
Street, Enola, Cumberland County, Pennsylvania.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. Plaintiff and Defendant were married on June 23, 1977 in
Cumberland County, Pennsylvania.
5. There has been no prior action for divorce or for
annulment between the parties.
6. Defendant is not a member of the Armed Forces of the
United States of America or any of its Allies.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised of the availability of
marriage counseling and that he may have the right to request the
Court to require the parties to participate in such counseling.
Being so advised, Plaintiff does not request that the Court require
the parties to participate in counseling prior to a Divorce Decree
being handed down by the Court.
9. Plaintiff requests this Court to enter a Decree in
Divorce from the bonds of matrimony.
COUNT II
COMPlAINT IN CUSTODY
10. Paragraphs 1
through 9,
inclusive,
are hereby
incorporated by reference.
11. Plaintiff and Defendant are the biological parents of one
(1) minor child: Sarah Heckard, born January 28, 1985
12. The child was not born out of wedlock. The child
currently resides with the Defendant at 103 Center street, Enola,
Cumberland county, Pennsylvania.
13. During the lifetime of the child, she has resided at the
following addresses with the following persons:
nIlE
IIl:TII 118011
ADDRESS
Jan 1985 - Jan 1986
Trindle Rd,
Camp Hill, PA
103 Center Street,
Enola, PA
plaintiff/Detendant
Jan 1986 - May 1996
Plaintiff/Defendan~:~'}~._
May 1996 - present
103 Center Street,
Enola, PA
Defendant
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14. plaintiff has not participated as a party or witness,
or in any capacity whatsoever, in any other litigation concerning
the custody of the minor child in this or any other Court, except
as set forth above.
15. Plaintiff has no information of any custody proceeding
concerning the minor child pending in a Court of this Commonwealth.
16. plaintiff does not know of a person not a party to the
proceedings who ha~ physical custody of the child, or claims to
have custody or visitation rights with respect to the child.
17. Each parent whose parental rights to the child have not
been terminated, and the persons who have physical custody of the
child have been named as parties to this action. There are no other
persons known to have or claim a right to custody or visitation of
the child and therefore, no further notice of the pendency of this
action and the right to intervene shall be given, other than to the
parties named herein.
18. The best interest and permanent welfare of the minor
child will be served by granting shared legal and physical custody
to Plaintiff and Defendant.
WHEREFORE, plaintiff prays this Honorable Court to enter a
Decree:
1. dissolving the marriage between the Plaintiff and
Defendant;
2. granting custody of the minor child as set forth
above; and
3. for such further relief as the Court may determine
to be equitable and just.
Respectfully submitted:
l
4/1(
urphy, Esquir
845 Sir homas Court
suite llA
Harrisburg, PA 17109
(717) 540-5100
I.D. I 61900
Attorney for Plaintiff
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RONALD B. HBCKARD, I IN THE COURT or COMMON PLEAS
plaintiff I CUHBBRLAND COUNTY, PENNSYLVANIA
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v. I NO. 97-338 CIVIL
I
CHBRI A. HBCKARD, I
Defendant I IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S 3301 (c) of the Divorce
Code was filed on January 21, 1997.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities.
Date: ~ //~-/77
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RONALD B. HBCKARD, I IN THE COURT or COMMON PLEAS
plaintiff I CUHBERLAND COUNTY, PENNSYLVANIA
v. I NO. 97-338 CIVIL
I
CHERI A. HIlCKARD, I
Defendant I IN DIVORCE
WAIVIlR or NOTICIl or INTENTION TO REOUIlST
ENTRY or A DIVORCE DECREB UNDER SECTION 3301101
or THE DIVORCE CODB
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. S 4904 relating to unsworn
falsification to authorities.
Date:
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Ronald E.
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RONALD B. HBCKARD, . IN THE COURT or COMMON PLEAS
.
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v. I NO. 97-338 CIVIL
I
CHERI A. HBCKARD, I
Defendant I IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S 3301 (c) of the Divorce
Code was filed on January 21, 1997.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities.
Date: ~i ~h /
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Cheri A. Heckard (DEFENDANT)
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RONALD E. HECKARD, IN THE COURT or COMMON PLEAS
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 97-338 CIVIL
.
.
CHERI A. HBCKARD, I
Defendant I IN DIVORCE
WAIVER 01' NOnCE or INTENTION TO REOUEST
ENTRY or A DIVORCE DECREE UNDER SECTION 3301101
or THE DIVORCE CODB
1. I consent to the entry of a final Decree of Divorce
without notice.
2. I unders~and 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. S 4904 relating to unsworn
falsification to authorities.
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Cheri A. Heckard (DEFENDANT)
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RONALD II. HBCltARD, I IN THE COURT or COMMON PLEAS
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 97-338 CIVIL
I
CHERI A. HBCltARD, I
Defendant I IN DIVORCE
AFFIDAVIT 01 SERVICE
I, Maryann Murphy, Esquire, depose and say:
1. That I am an adult individual residing in Cumberland
County, Pennsylvania.
2. That on January 27, 1997 I sent by U. S. mail, postage
prepaid, a 3301(c) Complaint in Divorce, No. 97-338 Civil in the
above-captioned case to counsel for Defendant, addressed as
follows:
Barbara Sumple-Sullivan, Esquire
549 Bridge street
New Cumberland, PA 17070
3. That on January 31, 1997, Barbara Sumple-Sullivan,
Esquire, accepted service of the 3301(c) Complaint in Divorce and
signed the Acceptance of Service which is attached to this
Affidavit.
Maryann rphy, Esquire
845 Sir Thomas Court, suite
Harrisburg, PA 17109
(717) 540-5100
I.D. No. 61900
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RONALD E. HECKARD, .
.
Plaintiff .
.
:
v . NO. 97-338 CIVIL
.
:
CHERI A. HECKARD, : IN DIVORCE
Defendant .
.
ACCEPTANCE OF SERVICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, Counsel for the Defendant
in the above-captioned case, do hereby depose and say that I
personally received and accepted service of a true and correct copy
of the Complaint in Divorce on the date written below.
I understand that false statements herein are made subject to
Date: ~
to unsworn
the penalties of 18 Pa.C.S.
falsification to authorities.
BARBARA SUMPLE-SULLIVAN, ESQUIRE
549 Bridge Street
New Cumberland. PA 17070-1931
(717) 774-1445
Supreme Court J.D. 32317
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