Loading...
HomeMy WebLinkAbout97-00970 o RECEIVED MAR 2 I LUUb d-- IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KELLY L YNETIE PEREZ flkla Kelly Lynette Hefelfinger PlainlifflPetitioncr i ; . I I v, RHETI LEE HEFELFINGER Defendant/Respondent No. 97.970 CIVIL - DIVORCE ORDER AND NOW, after consideration of the Petition for Specific Enforcement of Marital Settlement Agreement for Sale of Former Marital Residence filed by PlaintitTIPetitioner a rule is hereby issued upon DefendantlRespondcntto show causc why thc relicf requcstcd in said Petition shall not otherwisc be grantcd. iI. ~ Rulc returnable thc ~ day of ., 2006, in Courtroom No. at j.3)o'c1ock ~.IP.M., atthc Cumberland County Courthouse, 1 Courthouse Square, ;}. Carlislc, Pennsylvania. Counscl for PlaintitTIPctitioncr shall promptly scrvc DcfcndantlRcspl,lndcnt with said Petition and this Ordcr by ccrtified and regular Unitcd Statcs MaiL' :/ J. Date: 2006 ~) , ,-LP ( ~-O . .) " ' OJ F" C' -"."Cc I!- '1}-1_'i'll .~ OF Tue 10:0'- r ''''''O-'''Y r,~ 1,,\1 ,,; ". !I\." 2005 rlAR 20 Ml 0: 10 C'I', .. :;'V vn"_ . . .....iI ,II r ," , ' .. .. (';:J'.I';~!. :.",', .'\ E. for the initial offcred salc pricc and shall dctcnninc any adjustments to thc offcrcd salc pricc reasonably ncccssary to thereaftcr affcct a salc of thc Property within a reasonablc period of timc; and. Dcfcndant/Rcspondcnt shall pay to PlaintilTlPctitioncr th~ total amount cxpended by hcr for reasonablc attorneys fccs and court costs as a result of thc breach of the Marital Settlcmcnt Agrecmcnt by Dcfcndant/Rcspondcnt, which fees and costs shall be submittcd by affidavit of counsel for PlaintilTlPctitioncr upon completion ofthcse procecdings, and which amount shall be thereaftcr entcred by pmccipe as ajudgment for PlaintilTlPctitioner against Defcndant/Rcspondcnt and a lien upon the subject Property to be satisficd upon thc sale ofthc Property. Date: .2006 J. .2- the bonds of matrimony. 5. The MSA at paragraph 4 (pagc 4) requircd that Dcfendant/Rcspondcnl rcfinancc thc existing mortgage on thc Property within a four ycar period lilllowing thc datc ofthc MSA agreement. 6. The MSA provides further that thc fuilurc by Defcndant/Rcspondcntto refinuncc would obligate the parties to Iistthc Property for salc. 7. The MSA. at paragraph 14. providcs furthcr thatthc party in brcach of any provision therein shall be responsiblc for court costs and counsel fecs oflhc othcr party. 8. Defendant/Respondcnt has fuilcd to rcfinancc thc Property or makc any known ellilrtto apply for refinancing. 9. In calendar ycar 2004. Plainti07Petitioncr was mudc awure of u filreclosure action hrought against her and Defendant/Respondcnt conccrning a defuult hy him inlhc requircd paymcnts of the existing mortgagc secured by thc Property. 10. The foreclosure action and filings dockctcd as MANlJFACTI mES & TI{ADERS TRUST v. RHErr I1EFELFINGER and KFI.I.Y 1.. PEREZ 17k/a KELI.Y 1.. IIEl-H.FINOElt No. 04.572. Court of Common Pleu.~ lor Cumberland County, Pcnnsylvuniu, arc incllrporutcd herein as if fully sct forth. 11. Prior to sale ofthc Property. thc dcfault was apparently curcd lInd thc li.rcelosurc lIctiun subscqucntly terminatcd. 12. Plaintifffl>etitioncr has becomc awarc that hcr credit records ncglltivcly rcllcctthc dcfuult and status of thc subject mortgage. 13. PlnintilTlPetitioncr has sincc remarricd und has childrcnof hcr currcnlmortgugc und -2.. anticipates that she will need to obtain crcdit from timc to timc in thc futurc for hcr personal and family needs and that thc continucd appearance of thc subjcct mortgagc on hcr crcdit records as "unsatisfied" will continue to dctrimentally impact hcr credit rating. 14. PlaintilT/Petitioncr has on sevcral occasions infonncd Dcfcndant/Respondent that shc was requesting that he eithcr refinance thc Property or altcrnatively list the Property for sale in accordance with the MSA. 15. Defendant/Rcspondent has not respondcd to such rcqucsts in any manner reasonably calculated or intended to infonn PlaintilTlPctitioner that a refinancing of the mortgage or listing of the sale of the Property would be forthcoming, abscnt court intervention and court order. WHEREFORE, PlaintilTlPetitioner prays the Honorable Court grant PlaintilTlPetitioner thc following relief: A. DefendantIRcspondent has breached thc Marital Settlcment Agreement between the partics B. Defcndant/Rcspondent shall specifically perfonn that part of said Agreement requiring the listing for sale of the Property, to includc thc compelled signing ofa listing agrecment by Dcfcndant/Respondcnt within ten (10) business days of thc date of this Order; C. The listing of the salc of the subject Property shall be at its fair market value with a reputable real cstatc agcncy, which agency shall be promptly choscn by PlaintilTlPetitioner; D. The listing real cstatc agcncy shall dctennine thc fair market value ofthc Property for thc initial olTercd sale pricc and shall dctcnnine any adjustments to the olTered -3- VERIFICATION I, Kelly L. Perez, Petitioner/Plaintiff, hereby certify that the facts set forth in the attached Complaint are true and correct to the best of my personal knowledge, information and/or belief. I make this verification subject to the penalties of 18 Pa.C.S.A. Section 4904 (relating to unsworn falsification to authorities). K~!.11t J1. ~ J r VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.970 CIVIL TERM IN DIVORCE , !CA KELLY LYNETTE HEFELFINGER, Plaintiff RHETT LEE HEFELFINGER, Defendant MARITAL SETTLEMENT AGREEMENT THIS Agreement made this 9th day of November , 2000 by and between KELLY LYNETTE HEFELFINGER, of 120 Garfield Drive, Carlisle, Cumberland County, Pennsylvania hereinafter referred to as WIFE, and RHETT LEE HEFLEFINGER, of 304 East Louther Street, Carlisle, Cumberland County, Pennsylvania hereinafter referred to as HUSBAND, WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been joined in marriage on May 25, 1996, in Carlisle, Pennsylvania; and WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 97.970, Civil Term; and WHEREAS, 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 settling of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and in general, the settling of any and all claims and possible claims against the other or against their respective estates. NOW, THEREFORE, in consideration of these considerations, and the mutual promises and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: MSA (Rhen He'elnnger) November 23, 1999 1. Advice of Counsel: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. HUSBAND, RHETT LEE HEFELFINGER, is represented by Carol J. Lindsay, Esquire, and, he has been advised that he may be represented by counsel of his choice. WIFE, KELLY LYNETTE HEFELFINGER, is represented by Michael J. Wilson, Esquire, and she has been advised that she may be represented by counsel of her choice. Each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, and that execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties will execute, on the date of this agreement, Affidavits of Consent and Waivers of Notice under Section 3301 (c) of the Divorce Code, consenting to the entry of a Decree in Divorce. 3. Personal Property: The parties acknowledge that they have equitably and satisfactorily divided all of their personal property, and that all personal property shall be the sole and individual property of the party in whose possession it is as of the date of this agreement. 4. Real Property: The parties are owners of a home at 304 East Louther Street, Carlisle, Pennsylvania. HUSBAND will pay to WIFE $7,000.00, without interest, at the rate of $200.00 per month with the first payment on or before November 25, 1999 and continuing each and every month on or before the 25th day thereof as more particularly described in the paragraph below as payment for the interest of wife in such property. Wife acknowledges receipt of 12 payments of $200.00 each through this date. HUSBAND shall have exclusive possession of said property. Within ten (10) days of the date of this agreement, HUSBAND will draft and 2 MSA (Rhett Hefelfinger) November 23, 1999 . '. execute a mortgage in WIFE'S favor in the amount $4,600,00 without interest and will draft and execute a note calling for the payment of $4,600.00 to WIFE in monthly installments of $200.00 as set out above. Counsel for Husband shall forward the executed note and mortgage to Counsel for Wife within the ten (10) day period stated above. Counsel for Wife shall be responsible for the recordation of the mortgage and payment of any fees related thereto. Said payments on the note and mortgage shall be due on or before the 25th day of each month commencing on November 2000. HUSBAND shall be solely obligated to pay the mortgages, property taxes, and shall maintain and pay for adequate property and casualty insurance on said home and shall indemnify and hold WIFE harmless on account of any claims for said obligations. Default: It shall be an event of default on the terms of this agreement if HUSBAND is four bi-weekly payments in arrears on the first mortgage to M&T Bank, as successor in interest to Keystone Financial Corporation, or if HUSBAND is ten (10) days late in his obligation to pay WIFE $200.00 as more specifically set out above. HUSBAND represents that he is not current on the mortgage obligation to M&T Bank, but shall be current on or before February 28,2001. If HUSBAND is in default, as defined herein, following February 28, 2001, upon the demand of WIFE, the house shall be listed for sale by both parties within 15 days with a reputable real estate sales agency or broker at a fair market value price as recommended by the realtor. Upon sale of the house, the parties will equally divide any proceeds therefrom after HUSBAND has reimbursed WIFE for any loss she may have had on account of his failure to make the mortgage payments, If HUSBAND has paid WIFE in full on his obligation stated herein, and subsequently defaults on the mortgage held by M&T Bank, the property will be listed for sale and HUSBAND shall receive the entire net proceeds of sale, less any economic loss WIFE has necessarily suffered on account of HUSBAND'S failure to make such mortgage payment or payments, 3 I t' MSA (Rhett Hefelfinger) November 23, 1999 Within ten (10) days of the final payment of the $4,600.00 owed by HUSBAND to WIFE, WIFE will mark satisfied the mortgage encumbering the marital home. Within four (4) years of the date of this agreement, HUSBAND shall refinance the marital home so that WIFE is no longer liable for the mortgage of the parties held by M&T Bank. Counsel for HUSBAND shall prepare a deed to be signed by WIFE and held in escrow by Counsel for WIFE transferring all her rights, title and interest in the property to HUSBAND upon refinancing of the debt or debts upon the property and notice to WIFE of that event. Failure of HUSBAND to refinance as provided herein shall obligate the parties to list the property for sale as provided for herein. In the event of default as provided herein and while a sale of the property is pending, WIFE shall have every right to protect her interest in the property or security interest as mortgagee on the property to include paying off the first mortgage to M&T Bank and having the first mortgage assigned to her. WIFE shall not foreclose on any mortgage, but shall limit her remedy or remedies for default as set forth herein. In the event WIFE pays off the first mortgage or becomes an assignee of the first mortgage, HUSBAND agrees to commence monthly rent payments to WIFE in the amount of $400.00 until such time the property is sold to a third party. In the event HUSBAND fails to pay WIFE such rent, he shall surrender possession of the property immediately in order that WIFE shall have the right and ability to rent the property to a third party and derive income therefrom, which income she shall retain, while the sale of the property is pending. Following the listing of the property as set forth herein, and in the event the property is not sold, the sale price of the property shall be adjusted down every three (3) months by an amount equal to five percent (5%) of the previous listed price. 4 '. MSA (Rhett Hefelfinger) November 23, 1999 . . 5. Alimony: The parties waive any claim that they may have one against the other for alimony, alimony pendente lite or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 6. Marital Debt: The parties have, in their own names, certain credit card accounts which may include some marital debt. Each party wi/J be responsible for the debt on the credi1 card accounts in his or her name. Each party wi/J incur no debt for which the other may be liable, and wi/J indemnify and hold the other harmless for any debt so incurred. 7. Exchange of Infonnation: The parties have requested from each other and received any information regarding their assets, liabilities, income and expenses which the party requires prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this Agreement are fair and equitable and constitute an equitable distribution of marital property and debt, taking into account all of the relevant factors set out in Section 3502 of the Divorce Code, 23 Pa. C.S.~3502 including the length of the marriage; any prior marriage of the parties; the age, health, station, amounts and sources of income, vocational ski/Js, employability, estate, liabilities and needs of each of the parties; the contribution by each party to the education, training or increased earning power of the other; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciate of the marital property, including the contribution of a party as homemaker; the value of the property set apart to each party; the standard of living of the parties during the mc:!rriage; the economic circumstances of each party including federal, state and local tax ramifications at the time of the division of the property, and whether the party wi/J be serving as custodian of any dependent minor children. 5 .MSA (Rhe." Hefelfinger) November 23, 1999 8. Modification: No modification, rescission, or amendment of this agreement shall be effective unless in writing signed by each of the parties hereto. 9. Applicable Law: All acts contemplated by this agreement shall be construad and enforced under the laws of the Commonwealth of Pennsylvania 10. Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties. 11. Agreement Not to be Merged: This agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforr.ement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 12. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 13. Full and Final Settlement: WIFE and HUSBAND 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, lilies, 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 she or he now has or at any time hereafter may have against such 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 widows' or widowers' rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right 6 f MSA (Rhett Hefelfinger) November 23. 1999 ,. 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 other State, or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any term thereof. 11 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 wha1soever nature arising or which may arise under this Agreement, or for the breach of any term thereof, subject, however, to the implementation and satisfaction of the condition precedent as set forth herein above. 14. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the even1 of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~, (Seal) Rhett L. Hefelfinger ~ ~. Seal) ~efe ge ~ 7 MSA(Rhett Hefelfinger) November 23, 1999 1. Advice of Counsel: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. HUSBAND, RHETT LEE HEFELFINGER, is represented by Carol J. Lindsay, Esquire, and, he has been advised thai he may be represented by counsel of his choice. WIFE, KELLY LYNETTE HEFELFINGER, is represen1ed by Michael J. Wilson, Esquire, and she has been advised that she may be represented by counsel of her choice. Each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, and that execution of this agreement is not the resul1 of any duress or undue influence, and that it is no1the result of any improper or illegal agreemen1 or agreements. 2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties will execute, on the date of this agreement, Affidavi1s of Consent and Waivers of Notice under Section 3301 (c) of the Divorce Code, consenting to the entry of a Decree in Divorce. 3. Personal Property: The parties acknowledge that they have equitably and satisfactorily divided all of their personal property, and that all personal property shall be the sole and individual property of the party in whose possession i1 is as of the date of this agreement. 4. Real Property: The parties are owners of a home at 304 East Louther Street, Carlisle, Pennsylvania. HUSBAND will pay to WIFE $7,000.00, without interest, at the rate of $200.00 per month with 1he first payment on or before November 25, 1999 and continuing each and every month on or before the 25th day thereof as more particularly described in the paragraph below as payment for the interest of wife in such property. Wife acknowledges receip1 of 12 payments of $200.00 each through this date. HUSBAND shall have exclusive possession of said property. Within ten (10) days of the date of this agreement, HUSBAND will draft and 2 MSA (Rhett Hefelfinger) November 23. 1 ggg execute a mortgage in WIFE'S favor in the amount $4,600.00 without interest and will draft and execute a note calling for the payment of $4,600.00 to WIFE in monthly installments of $200.00 as set out above. Counsel for Husband shall forward the executed note and mortgage to Counsel for Wife within the ten (10) day period stated above. Counsel for Wife shall be responsible for the recordation of the mortgage and payment of any fees related thereto. Said payments on the note and mortgage shall be due on or before the 25th day of each month commencing on November 2000. HUSBAND shall be solely obligated to pay the mortgages, property taxes, and shall maintain and pay for adequate property and casualty insurance on said home and shall indemnify and hold WIFE harmless on account of any claims for said obligations. Default: It shall be an event of default on the terms of this agreement if HUSBAND is four bi-weekly payments in arrears on the first mortgage to M& T Bank, as successor in interest to Keystone Financial Corporation, or if HUSBAND is ten (10) days late in his obligation to pay WIFE $200.00 as more specifically set out above. HUSBAND represents that he is not current on the mortgage obligation to M&T Bank, but shall be current on or before February 28,2001. If HUSBAND is in default, as defined herein, following February 28, 2001, upon the demand of WIFE, the house shall be listed for sale by both parties within 15 days with a reputable real estate sales agency or broker at a fair market value price as recommended by the realtor. Upon sale of the house, the parties will equally divide any proceeds therefrom after HUSBAND has reimbursed WIFE for any loss she may have had on account of his failure to make the mortgage payments. If HUSBAND has paid WIFE in full on his obligation stated herein, and subsequently defaults on the mortgage held by M&T Bank, the property will be listed for sale and HUSBAND shall receive the entire net proceeds of sale, less any economic loss WIFE has necessarily suffered on account of HUSBAND'S failure to make such mortgage payment or payments. 3 MSA (Rhett Hefelfinger) November 23, 1999 Within ten (10) days of the final payment of the $4,600.00 owed by HUSBAND to WIFE, WIFE will mark satisfied the mortgage encumbering the marital home. Within four (4) years of the date of this agreement, HUSBAND shall refinance the marital home so that WIFE is no longer liable for the mortgage of the parties held by M&T Bank. Counsel for HUSBAND shall prepare a deed to be signed by WIFE and held in escrow by Counsel for WIFE transferring all her rights, title and interest in the property to HUSBAND upon refinancing of the debt or debts upon the property and notice to WIFE of that event. Failure of HUSBAND to refinance as provided herein shall obligate the parties to list the property for sale as provided for herein, In the event of default as provided herein and while a sale of the property is pending, WIFE shall have every right to protect her interest in the property or security interest as mortgagee on the property to include paying off the first mortgage to M&T Bank and having the first mortgage assigned to her. WIFE shall not foreclose on any mortgage, but shall limit her remedy or remedies for defaul1 as set forth herein. In the event WIFE pays off the first mortgage or becomes an assignee of the first mortgage, HUSBAND agrees to commence monthly rent payments to WIFE in the amount of $400.00 until such time the property is sold to a third party. In the event HUSBAND fails to pay WIFE such rent, he shall surrender possession of the property immediately in order that WIFE shall have the right and ability to ren1 the property to a third party and derive income therefrom, which income she shall retain, while the sale of the property is pending. Following the listing of the property as set forth herein, and in the event the property is not sold, the sale price of the property shall be adjusted down every three (3) months by an amount equal to five percent (5%) of the previous listed price. 4 MSA (Rhett Hefelfinger) November 23, 1999 5, Alimony: The parties waive any claim that they may have one against the other for alimony, alimony pendente lite or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 6. Marital Debt: The parties have, in their own names, certain credit card accounts which may include some marital debt. Each party will be responsible for the debt on the credit card accounts in his or her name. Each party will incur no debt for which the other may be liable, and will indemnify and hold the other harmless for any debt so incurred, 7. Exchange of (nfonnation: The parties have requested from each other and received any information regarding their assets, liabilities, income and expenses which the party requires prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this Agreement are fair and equitable and constitute an equitable distribution of marital property and debt, taking into account all of the relevant factors set out in Section 3502 of the Divorce Code, 23 Pa. C.S.~3502 including the length of the marriage; any prior marriage of the parties; the age, health, station, amounts and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution by each party to the education, training or increased earning power of the other; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciate of the marital property, including the contribution of a party as homemaker; the value of the property set apart to each party; the standard of living of the parties during the marriage; the economic circumstances of each party including federal, state and local tax ramifications at the time of the division of the property, and whether the party will be serving as custodian of any dependent minor children. 5 MSA (Rhett Hefelfinger) November 23,1999 8. Modification: No modification, rescission, or amendment of this agreement shall be effective unless in writing signed by each of the parties hereto. 9. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 10. Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties. 11. Agreement Not to be Merged: This agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 12. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 13. Full and Final Settlement: WIFE and HUSBAND 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, titles, 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 she or he now has or at any time hereafter may have against such 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 widows' or widowers' rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right 6 MSA (Rhett Hefelflnger) November 23,1999 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 other State, or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any term 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 term thereof, subject, however, to the implementation and satisfaction of the condition precedent as set forth herein above. 14. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ::5~ p--- (Seal) /I. Rhett L. Hefelfing,:r (Seal) 7 ... SHERIFF'S RETURN - REGULAR CASE NO: 1~91-~097~ P CIlMMONWl::AI.TH IW P~:NNSYLVANIA: CIJIJNTY OF CUM~~:nLAND H1::FKLFINGKR K~.LY LYNETTK VS. ~KF~LFINGKR RH~TT L~~ DAWN L. KELL , Sheriff or Deputy Sherif! of being duly svorn according DIVIJRCE vas served CUMBERLAND County, Pennsylvania, who to lav, says, the within COMPLAINT - upon H~;n;LFI Nlil::R RH~;TT 1.1::1:: defendant, at 1035:00 HOURS, on the 26th day of Februarv 1':12 at 30'1 ~:AST 1.0UTH~R STREET CAR1.ISL~;.. PA t 701:3 County, ~ennsylvania, by a true and attested copy t~qether vith NOTICE the ,CUMB1::RLANO hanrhng to IlIWTT L. Hl::FELFltlGER of the CIlMPLAINT - D[VORG~ -' and at the same time directing ~lS attentIon to the contents thereof. Sh~riff's Costs: I:!ocket.ing ~erVlce Affidavit Surcharge So ansver?,~~ Fl. I homas tiJ.l.ne, Sherl~~ HI. 00 J.10 .00 2.00 57~.1~ LAWS, STAHUCH & PISARCIK 02/27/1997 by <UCUJ)\ 1-, \.Lcc..-l lJeputy ~herI1:t Svorn and subscribed to before me thIS day of IS! A. O. Prothonotary ;>, b. I!: ..:2 ! - ~: .~ .-. (~ ::J.< , '~ c _/:..". '.J -::'-? : '.' ~!?j , - <J\ :.-;:i; ) ..;~ , .-, (''': II'] . , :.10.. , ~j '- -:-:l U .. >- ~ f ~: ..:J ,'::: .0>: N =--?< .. '. ...-,,;... ..,- , ,/,. ~ '. - ...:.~ '1~~ - 0\ :..in . j , ,. (,- :,.:z: '''J . -. ,10_ , . ~j '- c., (J -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY LYNETTE HEFELFINGER, Plaintiff . . v. : NO. (/1 (/ Ir (1/ \ 't ( RHETT LEE HEFELFINGER, COMPLAINT IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVB BEEN SUBD 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 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 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILB A CLAIM FOR ALIMONY, DIVISION OF PROPBRTY, LAWYBR'S FBES OR EXPENSES BEFORB A DIVORCB OR ANNULMBNT IS GRANTBD, YOU HAY LOSE THE RIGHT TO CLAIM ANY OF THEK. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCB. IF YOU DO NOT HAVB A LAWYER OR CANNOT AFFORD ONB, GO TO OR TBLBPHONB THB OFFICB SBT FORTH BELOW TO FIND OUT WHERB YOU CAN GET LEGAL HBLP: Court Administrator 4th Fl., Cumberland County Courthouse CarliSle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY LYNETTE HEFELFINGER, Plaintiff v. NO. .- 'i ') _ 'j' '/0 {lL'L/ It< I~- RHETT LEE HEFELFINGER, Defendant COMPLAINT IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE UNDER SECTION 3301(c\ or 3301(d} OF THE DIVORCE CODE Plaintiff, by her attorney, Michael J. Wilson, respectfully respresents: 1. The Plaintiff is KELLY LYNETTE HEFELFINGER, who currently resides at 120 Garfield Drive, Carlisle, Cumberland county, Pennsylvania. 2. The Defendant is RHETT LEE HEFELFINGER, who currently resides at 304 East Louther Street, Carlisle, Cumberland County, Pennsylvania. 3, Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the 25th day of May, 1996, at Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce, divorcing Plaintiff and Defendant. COUNT II - DIVORCE UNDER SECTION 33011a) 16\ OF THE DIVORCE CODE 9. Paragraphs 1 through 8 of this complaint are incorporated herein by reference as though fully set forth. 10. plaintiff seeks a divorce from Defendant on the grounds that Defendant has offered such indignities to plaintiff, who herself is innocent and injured, as to render Plaintiff I s condition intolerable and life burdensome. COUNT III - EOUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference as though fully set forth. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from May 25, 1996, until the date of the filing of this complaint. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. 14. On or about May 8, 1996, Plaintiff and Defendant entered into a Prenuptial Agreement in which each of them disclaimed and/or renounced all right, title and interest in all property and estate owned by the other prior to their marriage. A copy of said Agreement is attached hereto and incorporated herein as Exhibit A. PRENUPTIAL AGREEMENT THIS AG~EEMENT, made this 8i-h day of {Yl.{y 1996, between RHETT L. HEFELFINGER and KELLY L. ENCK, 304 East Louther Street, Carlisle, cumberland County, Pennsylvania, , both of WITNESSETH: WHEREAS, this Agreement is made in contemplation and consideration of the parties' pending marriage; and WHEREAS, the parties intend and desire to define and clarify their respective rights in the property of the other and in all separately or jointly owned property they might accumulate after the date hereof, including all rights under the support laws, the Divorce Code, and the Probate, Estates and Fiduciaries Code of Pennsylvania; and WHEREAS, both parties to this Agreement have made to each other a full and complete disclosure of the nature, extent and probable value of all of their property, estate and expectancies. NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, agree as follows: 1. Each of the parties shall hold and possess all of the following described property and estate as his or her sole and separate property as if he and she had remained unmarried: (1) All property and estate of the parties hereto of every nature and wherever situate which each party brings to the marriage; (2) the increase in value during the marriage of all property which each party brings to the marriage; (3) property acquired during the marriage by a party in exchange for any property brought by him or her to the marriage; (4) the increase in value during the marriage of any property acquired by a party in exchange for property brought by him or her to the marriage. Neither of the parties shall acquire any interest in any such individual property and estate of the other because of the marriage relationship. Exhibit TI 2. Each of the parties hereby disclaims all right, title and interest in all property and estate owned by the other and described in Paragraph 1 hereof, renouncing forever all rights, claims, titles and interest, actual, inchoate or contingent, in law and in equity, which either party'might, by reason of his or her marriage to the other, acquire in any such property and estate of the other, including but not limited to all rights to claim or receive from any such property and estate of the other the family exemption, an elective share and any distributive share in the estate of the other under the Intestate laws. 3. The parties agree that during their marriage there shall be no transmutation of any of their separate property interests into jointly owned property, except by express written agreement, deed or other document of transfer. Such separate property of each party shall not be subject to a claim of ownership or equitable distribution as marital property by the other party in a subsequent action or divorce. The following events shall, under no circumstances, be evidence of an intention by either party of an agreement between the parties to transmute their separate property into jointly owned as marital property: (a) The filing of joint income tax returns; (b) The designation of one party by the other as a beneficiary of his or her estate or of any pension, retirement or profit sharing plan or life insurance policy; (c) Any oral statement made by either party; (d) Payment from jointly held funds of any separate obligation, inclUding but not limited to the payment of mortgage, interest or real property taxes on a separately owned residence or other separately owned real estate or personal property; (e) Joint occupancy of a separately owned or leased residence; (f) Joinder by either party in any instrument involving the separate funds or property of the other, which may be appropriate or necessary to carry into effect the intentions and provisions t r , . ~ I of this Agreement, including but not limited to mortgages, deeds of conveyance, bills of sale or transfer, and agreements of sale for real estate or otherwise. 4. After the marriage of the parties, they may create jointly owned property. Any such property owned or titled in both names, such as bank accounts, shall be owned jointly as tenants by the entireties as shall any other property, real or personal, acquired from the funds in joint accounts unless written agreements or documents of title or ownership expressly provide to the contrary. All such property so acquired or created shall be jointly owned as tenants by the entireties, regardless of the percentage individual financial contributions by each party to its creation or acquisition. 5. In the event of divorce, all property jointly owned as tenants by the entireties as defined herein shall be divided equally between the parties, and all separately owned property of the parties as defined herein shall remain the separate property of each party as though he and she had not married, even though such property may be considered "marital property" under the provisions of the Divorce Code. 6. In the event of the death of one party during the marriage, both parties hereto forever waive, renounce, release, remise, discharge and quitclaim any and all of his and her rights, title and interest which he or she may have acquired by reason of the marriage, including but not limited, as follows: (a) To take against any Will of the other or any conveyance of assets by the other; (b) To share in the Estate of the other under the Intestate Laws of the Commonwealth of Pennsylvania; (c) To administer the Estate of the other unless expressly designated in the will of the other; (d) To claim the widow or widowers' rights, family or homestead allowance; (e) To claim any community, dower, or courtesy interest in the property of the other; 7. The parties hereto covenant that they shall willingly, at the request of the other, his or her heirs, personal representatives, or assigns, execute, deliver and properly acknowledge whatever additional instruments and documents may be required to carry out the intention of this Agreement, and shall execute, deliver and properly acknowledge any deeds or other documents in order that good and marketable title to any such property and estate can be conveyed by one party free from any claim of the other. 8. Nothing herein shall be construed as preventing either party from giving any of his or her property or estate to the other by deed, gift, will or otherwise. 9. This Agreement is entered into in Pennsylvania and shall be construed under and in accordance with the law of Pennsylvania and shall in no way be affected by any change in domicile of either party. 10. The covenants and agreements herein contained shall bind and inure to the benefit of the parties hereto, their respective heirs, personal representatives and assigns. 11. This Agreement shall be and become effective only in the event that the contemplated marriage between the parties shall be solemnized. Thereafter, this Agreement shall continue in full force and effect until it is modified by a writing signed by both parties. 12. The failure of either party to insist upon strict performance or compliance with any of the provisions of this Agreement shall not be construed or implied to be a waiver of any subsequent non-performance, non-compliance or violation of this Agreement. 13. Both parties acknowledge that he and she have had the opportunity to receive independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his and her legal rights and obligations. Each part~ acknowledges and accepts that this Agreement is! under the circumstances, fair and equitable, that it is being entered into freely and vOluntarily after having had the opportunity to receive such advice and with such knowledge, that each party has fully and completely ident~fied all of his and her separate property of any significant value as of the date of this Agreement, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESSS: \\~~l~~ Q~k ~~L~JQ~~ HefeI nger [SEAL] t{-~ )f, ~f.1' it - e ly. . 'Enck PROPERTY OF KELLY L. ENCK I. Money Market Account - approximate value - $5,360 II. St9ck: a. Dauphin Deposit Bank - approximate value - $5,700 b. Disney - approximate value - $3,756 c. Value Trust - approximate value - $2,581 III. Certificates of Deposit: a. Household Bank - value - $5,000 b. Onbank and Trust - value - $5,000 c. MBMNA American Bank - value - $5,000 IV. MFS annuity - value - $5,000 V. Mutual Funds AIM Weingarten - approximate value - $18,000 VI. Savings bonds: Series E bonds - value - $7,650 VII. 1994 Ford Probe - value - $15,000 The foregoing with the execution Kelly L. Enck this information was of a prenuptial 6tl.-.. day of to me in conjunction between myself and , 1996 ~ -~. r ~ C ::; ''', ~Q r ,1 It' : ;F~ i~- ..::: '. N ..:- N . I' C. . ~ -.J r~ .: : ;,. :1: u.. 0" -' 0 0' u hefelflnger ... appearance entry November 8, 2000 RHETT LEE HEFELFINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97.970 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under !i 3301(c) of the Divorce Code was filed on February 24, 1997. VS. KELLY LYNETTE HEFELFINGER, Plaintiff 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. 1~{~~~~' Date: .I I /~!.l()C(/ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights conceming 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: 'co. ~ ~ ,': '.' , ::j~r. I. ~ .. .1Z '. '.J:"}~ .!:-~ en in I ..-1 ~-;,: Y'Z c.:.' :illJ tqo.. :..: ...:: " 0 :J 0 U hofolfingor ... oppoaranco onlry Novombor 8, 2000 KELLY LYNETTE HEFELFINGER, Plaintiff va. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97.970 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT RHETT LEE HEFELFINGER, Defendant 1. A Complain 1 In Divorce under !l 3301(c) of the Divorce Code was filed on Februar'l24, 1997. 2. The marriage of plaintiff and defendant Is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom./:-t~ to authorities. Rhett Lee Hefelfin~, De~ndant Date: II d,/:--. 6' WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER s301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights conceming 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 1he statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made SUbject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifig9t' to authorities. .. I I Rhett Lee He~~lfin r, De endant J. tA 0-' c:../ Date: / /, .. >, G r;-: <"; ." ,. (~~ ~...- , :);-': , , "J-<., :s, 1-:j .p;;- r":, ,'(f) I )7 ::2- :-;.. "'Ll ~-;' .:I~ ~':: C) ::-J , L,) U '. Office of Divorce Master 9 NOr1h Hanover Slreel Carlisle. Pennsylvania 17013 ~Dr RHETT LEE HEFELFINGER ~ EAST LOUTHER STREET CARLISLE, PA 17013 ~ -"I' f <'.' " ~~ r:: ; -c. -- : ~~ c_ -. ( " f.. -. "1 o:! C. , ; ".1. "'- J:O: :.:: ~ en =j ~'" U VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ~ KELLY LYNETTE HEFELFINGER, Plaintiff NO. 97 - 970 CIVIL RHETT LEE HEFELFINGER, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Michael J. Wilson , Counsel for Plaintiff Rhett Lee Hefelfinger Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 20th day of September, 1999, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 5/21/99 E. Robert Elicker, II Divorce Master Michael J. Wilson, Attorney for Plaintiff, filed a pre-trial statement on May 11, 1999. Rhett Lee Hefelfinger, Defendant, has not filed a pre-trial statement as of the date of this notice. ~ (Y) '- C'\1 [~ ; ~ . , IlJ!) 'J C.)~. ./:. [1:'... r:: ~r' ... ,. -- ,. .,. :::1" <'J a:: t, r.. ~ ,. (!; at:. :!:: 1.1,. 0', 0 cr, Ll Mr. Wilson and Mr. Hefelfinger 30 March 1999 Paqe 2 counsel and with Mr. Hefelfinger, if he remains unrepresented, to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pre-trial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. ( )8. ( )9. (x) 10. ( )11. ( ) 12. ( ) 13. ( ) 14. ( ) 15. ( ) 16. ( ) 17. ( ) 18. ( ) 19. ( ) 20. ( ) 21. ( )22. ( ) 23. (X) 24. (X) 25. ( ) 26. Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits--severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) other F:\OFFICE\ WPWIN\MIKE\lIEFEI..INV ! ! >- O. "I ",' r_ " I- llle., " f{ '" .~ ' ... , , ~/ =..:: o' , )' ''\: 'J:' -' '. Co '~' C1:H, ( . .' I ~ . - ,- . ~ 1 I lJ, ~- (.) c, t), " , U ! KELLY LYNETTE HEFELFINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-970 CIVIL IN DIVORCE vs. RHETT LEE HEFELFINGER, Defendant DEFENDANT'S PRE-TRIAL STATEMENT The parties hereto were married on May 25, 1996 and separated in December of 1996. Defendant, RHETT LEE HEFEFLlNGER, hereandafter Husband, was born on April 2, 1974. Plaintiff, KELLY LYNETTE HEFELFINGER, hereandafter Wife, was born on March 7, 1974., In August 1996, about four months after their marriage, the parties purchased a house from the estate of Husband's grandmother. The purchase price was $42, 000.00. The parties contributed equally to the down payment and borrowed $32,000.00 to close the sale. A copy of the settlement sheet is attached hereto as Exhibit A. Aside from the house, the parties acquired certain personalty as wedding gifts and purchases to outfit the house. The parties entered a Prenuptial Agreement a copy of which is attached hereto as Exhibit B. I. Property. The martial property consists of the house with equity of approximately $10,000.00 and certain personal property. Husband acknowledges that Wife had certain premarital property to which he has no claim except, if this matter goes to a hearing, to any increase in value. I\. Expert Witnesses: None anticipated. III. Lay Witnesses: None anticipated, except for the parties. IV. Legal Issues: None anticipated. V. Income and Expenses of the Plaintiff. An income and expense statement will be provided at such time as directed by the Master. Counsel for Husband believes that Wife earns q~(1-q(lr- approximately $7.00 per hour and Husband has approximately similar earnings as he works landscaping and as a D.J. VI. See paragraph V above. VII. There are no pensions or retirements available of which Husband is aware. VIII. There is no claim for by either party for counsel fees. IX. There is no need for an appraisal of the tangible persona: proeprty. X. The mortgage is the only marital debt. XI. Husband has offered to pay Wife one-half of the equity in the marital home which he calculates to be $5000.00. XII. Although Wife wants Husband to refinance the martial home, he has been advised that due to his credit history and his current earnings, he will not qualify for refinance at this time. Husband has offered to Wife her share of the equity (with her reasonable interest) in the marital home at the rate of $200.00 per month until paid in full. This resolution is apparently not acceptable to Wife. Husband does not wish to sell the marital home which was his grandmother's house and, before her death, the center of his family. Husband believes and therefore avers that if he pays Wife as he has proposed, she will receive more than if the house were sold, the cost of sale deducted from any proceeds, and distribution made without interest. With regard to the household goods, Husband has no objections to dividing them in kind. Respectfully submitted, LINDSAY, P.C. .- ; I~. . UETTLEMEN'l" STATEMENT U,S. CI,AATHINT or HOUSING AND URBAH DEVELOPMENT OMS NO. 2502.0265 "" ,r D. T"tl-lE or LOAN 1- II FHA 2. II I'1nIlA 1, ( 1 cony. unil'I" 'ILE H\.MBIR I' r...oAN NUMBER I" r<<:lRTOAOE INS CASE NUHDE; .. I I VA 5. I I Conv. In'. ]'7]9604 C. NOTIITh11 fo~ 1, furnlahed to givI you. .eatem.nt of actual ..ttlenant coata. Amount. p.id to and by the ..ttl.m~nt ag.nt Ira ahawn. It~ ~rked -IPOC)- were paid outlid. thl clolln91 they IU ahown hIre for 1nfo~tlon.l purpo'" .nd .re not includld in thl total.. .., 05.95 (61171)96041 D. "AMI AND -'DOIllBS or 80UQWIR I. HAKI AND ADDRESS or SILLER r. NAME AND ADDRESS or LENDER RHETT L. HlrlLPINGER and ESTATI or MAROARET N. FINANCIAL TRUST COMPANY ~y L. HI'IL,INOIR HIFlt-rINGER One Weat High Str..t ]04 l'lt Louther Str.lt Culille. Plnnly1vant. 1101) CarUlh, Plnn.ylvanta 1701) O. PROPERTY LOCATIOtf H. II'M'LDCIHT NJIln' 25.16961.. I. SITTL.EMENT DATE 30& "'t Louther Strlet rtOWIR. I4ORGEtrJ'HAL, rLOWER " LINDSAY Carli.le. PA 1'013 July U. 19516 CUmblrland County. PA PLACK 0' SE1'I'LIMENT 11 lalt High Strltt car1i11e. Plnn.ylvant. 17011 ~ ~y 0' BORROWER'S T1WISACTION K. SUMMARY or SELLER'S TRANSACTION ... -., .M ..... .0. .. ..... ..... .M H.. UM I.., '" --,;;; ;-;;- '..m .-;;- , ,.... I... ,. ,., ,. '-..u '^ ;-,,-. .-~---_.;;;:.:, -;;;- ... m ,. ,.... .,.u. . . .. ..... .,.u." ,. .. ....., .. .. ". '" '" 112. &12. 120. CROSS AMOUNT DUE PRC>>t BORROWER U.1)1.81 420. GROSS AMOUNT DUE TO SEl.LER 42.088. :.:. I... ...n DV n. ... ._n.. .. ono ....~ .,,. Tn "L"R ~..v .. " I,., --;;; 0" m '" ..,... :;-; 6'" ..., .., 'nn<... '^ .., .'" m...., '" " ,.. ... ,., .., ,.. <n. -;: m'." ,.. .,_. "...._ hv ~. ... -,-. ... ,. ... - ..h_.-;; ., -;._u ,. '" ,. .., ..h_l ,. n'. . :;0. '" ..h~1 ..... .,...." On .,."." ,a <;<; :;;~- ". ". ". n. ", , '" . 219. 519. 220. TOTAL. PAID BY/FOR BORROWER )2.019.55 520. TOTAL REDUCTION AMOUNT DUE SEL.L.ER 12.88. ti5 )00. CASH AT SEttLEMENT FROM/TO BORROWER 600. CASH AT SETILEMENT 'X'O/FROM SEL.L.ER J01. Gro.. Alat OUI frOnl Borrower 111ne 1201 U.831.81 60l- Gro.. Amount Du~ to s~ller 111ne 4201 42,088. 11 )02. Lei' Amt Patd by/for BorrGwer 111n. 2201 I 12.019.551 602, Le.. Reducr l(1nr, :'J. Seller 11ne 520i I \2.ilA4 .'S ~ )03- CA'iH IXI FROM I I TO BORROWER 11,818.26 60). CAS!: 'xl .,' : I FROM SELLER :9. ~n) ;" :h. undonigned hm(fJ;?fI;;Z:I~ 0 C,",:"d copy of pag.. 1'. ot th15 statement ~ any attachment. referred to hert!1t': ESTATE OF MARGARET W. HEFELFINGER BORROWER SEI..LER BORROWER I EXHIBIT Il .1 .1 ().861 RESPA, HB 4)0': . tETTLIMIJrT ITATDtINT PACE ~ U'TLEHENT CIWUlI8 , on '<i,. . PAID rROH PAID rACf4 tUn, ,..t .. BORRONER'S SELLER I S '" . FUNDS AT F\JHPS A~ '0 --" - Inn Oa'. . 704, .. ,.. . ' ",",D'NY i '0 'o! AD.eo ... ." '.0 Ceo ... FloOd CutUi " ... ,.. D..~, ." .... '.9. ".. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAlO IN ADVANCE t." 'rom .. Idavl ,to v.... t9.0 9.5. :wi ~. , 10.,. H..ard '..2. . . tb ..... "",n.ho . . 1.... _School nor "",".h 10... no. 10.' . . . _.ho . nor ""',"h 1008. E.!c:row Account 208.70 n. 'n 1102 Ahltract or Title Search to 110] Tith "0' '" 11105 'n tll.' Notarv Ill.', , 0"""0 I... I , I 1109 lAlnd~r' . 12. .no "to "" . 11U. Deod' 2l..~ "., R..ordl.- . 11.'. . ..... ".2. ..L 020.00 ... .. I ".: Sta,o Do'" . S 02.... ~~~:. ! ::" ~ Ill.' '''' , ""vor. Tax '" " 11100 1305. 1400. TOTAL S~ CHAROES (Ent.r On Lin.. 103. Sect10n J and 502. Section kl L, 749. 70 6)2.4:t By 81gni09 pAge 1 ot thi. .tAtement. the .ignltorie. acknowledge receipt of 4 compl~ted copy of P19~ ~ of thl. 2 page .tltement. ('/)17J9604' Certit1ed to be I true copy \. ;'l', <<,II' FLOWfR. HOROENT1IAL. 'fLoWER ,I, \:::I,.,n, Ag,n, PRBNOPTIAL AGREEMENT ~HIS AG~EMEN'l', made this 8;.t, day of f'na.y '1996, between RHETT L. HEFELFINGER and KELLY L. ENCK, 304 East Louther street, Carlisle, cumberland County, Pennsylvania, , both of WITNESSETH: WHEREAS, this Agreement is made in contemplation and consideration of the parties' pending marriage; and WHEREAS, the parties intend and desire to define and clarify their respective rights in the property of the other and in all separately or jointly owned property they might accumulate after the date hereof, including all rights under the support laws, the Divorce Code, and the PrObate, Estates and Fiduciaries Code of Pennsylvania; and WHEREAS, both parties to this Agreement have made to each other a full and complete disclosure of the nature, extent and probable value of all of their property, estate and expectancies. NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, agree as follows: 1. Each of the parties shall hold and possess all of the following described property and estate as his or her sole and separate property as if he and she had remained unmarried: (1) All property and estate of the parties hereto of every nature and wherever situate which each party brings to the marriage; (2) the increase in value during the marriage of all property which each party brings to the marriage; (3) property acquired during the marriage by a party in exchange for any property brought by him or her to the marriage; (4) .the increase in value during the marriage of any property acquired by a' party in exchange for property brought by him or her to the marriage. Neither of the parties shall acquire any interest in any such individual property and estate of the other because of the marriage relationship. EXHIBIT Exhibit A J fJ 2. Each of the parties hereby disclaims all right, title and interest in all property and estate owned by the other and described in Paragraph 1 hereof, renouncing forever all rights, ,claims, titles and interest, actual, inchoate or contingent, in law and in equity, which either party'might, by reason of his or her marriage to the other, acquire in any such property and estate of the other, including but not limited to all rights to claim or receive from any such property and estate of the other the family exemption, an elective share and any distributive share in the estate of the other under the Intestate l~ws. 3. . The parties agree that during their marriage there shall be no trans~utation of any of their separate property interests into jointly owned property, except by express written agreement, deed or other document of transfer. Such separate property of each party shall not be subject to a claim of ownership or equitable distribution as marital property by the other party in a subsequent action or divorce. The following events shall, under no circumstances, be evidence of an intention by either party of an agreement between the parties to transmute their separate property into jointly owned as marital property: (a) The filing of joint income tax returns; (b) The designation of one party by the other as a beneficiary of his or her estate or of any pension, retirement or profit sharing plan or life insurance policy; (c) Any oral statement made by either party; (d) Payment from jointly held funds of any separate obligation, including but not limited to the payment of mortgage, interest or real property taxes on a separately owned residence or other separately owned real estate or personal property; (e) Joint occupancy of a separately owned or leased residence; (f) Joinder by either party in any instrument inVOlving the separate funds or property of the other, which may be appropriate or necessary to carry into effect the intentions and provisions ot this Agreement, including but not limited to mortgages, deeds ot conveyance, bills ot sale or transfer, and agreements ot sale tor real estate or otherwise. . , 4. After the marriage of the parties, they may create jointly owned property. Any such property owned or titled in both names, such as bank accounts, shall be owned jointly as tenants by the entireties as shall any other property, real or personal, acquired trom the tunds in joint accounts unless written agreements or documents ot title or ownership expressly provide ~o the contrary. All such property so acquired'or created shall be jointly owned as tenants by the entireties, regardless ot the percentage individual tinancial contributions by each party to its creation or acquisition. 5. In the event ot divorce, all property jointly owned as tenants by the entireties as defined herein shall be divided equally between the parties, and all separately owned property of the parties as detined herein shall remain the separate property ot each party as though he and she had not married, even though such property may be considered "marital property" under the provisions ot the Divorce Code. 6. In the event ot the death of one party during the marriage, both parties hereto forever waive, renounce, release, remise, discharge and quitclaim any and all of his and her rights, title and interest which he or she may have acquired by reason ot the marriage, including but not limited, as tollows: (a) To take against any Will of the other or any conveyance ot assets by the other; (b) To share in the Estate of the other under the Intestate Laws ot the Commonwealth of Pennsylvania; (c) To administer the Estate ot the other unless expressly designated in the Will of the other; (d) To claim the widow or widowers' rights, tamily or homestead allowance; (e) To claim any community, dower, or courtesy interest in the property ot the other; 7. The parties hereto covenant that they shall willingly, pt the request ot the other, his or her heirs, personal representatives, or assigns, execute, deliver and properly acknowledge whatever additional instruments and documents may be required to carry out the intention ot this Agreement, and shall execute, deliver and properly acknowledge any deeds or other documents in order that good and marketable title to any such property and estate can be conveyed by one party tree t~om any claim ot the other. 8. Nothing herein shall be construed as preventing either party from giving any of his or her property or estate to the other by deed, gift, will or otherwise. 9. This Agreement is entered into in Pennsylvania and shall be construed under and in accordance with the law of Pennsylvania and shall in no way be affected by any change in domicile of either party. 10. The covenants and agreements herein contained shall bind and inure to the benefit of the parties hereto, their respective heirs, personal representatives and assigns. 11. This Agreement shall be and become effective only in the event that the contemplated marriage between the parties shall be solemnized. Thereafter, this Agreement shall continue in full torce and effect until it is moditied by a writing signed by both parties. 12. The failure of either party to insist upon strict performance or compliance with any of the provisions of this Agreement shall not be construed or implied to be a waiver of any subsequent non-performance, non-compliance or violation of this Agreement. 13. Both parties acknowledge that he and she have had the opportunity to receive independent legal advice from counsel of his or her selection and that each fully understands the facts '- Cl ~:: c:; Lr.. ..>- J-': ~ :--.,~ I-~ ::-J~~ 1.''::: ~~~ ( :To: ~:" . c\. '~}~ (:(.' ...;.? .:.. 1 ~-; I:.;. '01 ill , ).: Co -. .:~r1.. ,- ::c j.'. fj'\ .'J ':-: cr. D (717) 774-7018 (717) 774-7019 Fax Michael J. Wilson Attorney at Law 818 Derby Avenue Camp Hili, PA 17011-11387 January II, 2000 E. Robert Elicker II Divorce Master Office of Divorce Mosler 9 North Hanover Street Carlisle PA 17013 Re: Kelly Lynette Hefeltinger v. Rhett Lee Hefclfingcr No. 97-970 Civil - Divorce Dear Master Elicker: At the pre-hearing conference scheduled last year in the referenced matter, an oral agreement was reached between the parties providing for the payment by Mr. Hefelfinger to my client certain sums of money and further providing for his promise to eventually refinance the existing mortgage on the subject property. This agreement was reached after much negotiation in your office in order to effect a disposition of the marital residence which was the only significant issue of the divorce and related matters. At the conclusion of the conference. Mr. Hefelfinger's counsel, Carol J. Lindsay, had agreed to initially draft and fax me a proposed agreement and we were to finalize the agreement before the first payment by Mr . Hefelfinger concerning the marital residence was due my client be the end of November 1999. I never received any proposed written agreement and have not had any communication with Attorney Lindsay since that day, despite my contact to her by fax in the interim seeking clarification of her continued representation. I am writing to request from you a scheduling of a hearing as soon as possible on the issues discussed above as well as the all other outstanding issues. Please have your office staff call me to check for dates when I am available and do not otherwise have a connict on my calendar. A copy of my letter to Attorney Lindsay infonning her of the above is enclosed. Enclosure pc w/enclosure: Kelly Lynette Hefelfinger Rhett Hefelfinger Linda L. Rose Attomey Carol 1. Lindsay mnslerelicker.2 LAW OI'I'ICES FLOWEU, FLOWEU & I.INnSA Y A I'ROPESSIONAL CORPORA nON II EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013-3016 ~(Q)~V JAMES O. PLOWER JAMES O. PLOWI!II,IR. CAROLI. UNOSAY moMAS Eo PLOWER (7I1)2'J.S511 PAX> (711) "1.6510 ffLElqOaolcom April 5, 2000 Michael J. Wilson, Esquire 816 Derby Avenue Camp Hill, PA 17011 RE: HEFLEFINGER Dear Mr. Wilson: On January 13, 2000, I forwarded to you a Marital Settlement Agreement which formalized the agreement we reached in the Office of the Divorce Master. Three months have passed and despite my phone calls to your office, we have never had a response to the agreement. My client continues to make payments to yours without the benefit of an agreement to protect him. Would you kindly respond to the agreement so that we can bring this matter to a conclusion and obtain a divorce for these parties. Thank you for your help. Very truly yours, FLOWER'~f~ER & LINDSAY, P.C. . . 3 . , I " t ,\ '. ,I \,',' \. II Carol J. Lindsay CJL:1li cc. Mr. Rhett Henefinger E. Robert Elicker II, Divorce Master KELLY LYNETTE PEREZ : IN THE COURT OF COMMON PLEAS OF flk/a KELLY LYNETTE HEFELFINGER, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. RHETT LEE HEFELFINGER, DEFENDANT : 97-970 CIVIL TERM ORDER OF COURT AND NOW, this 'f\ day of March, 2006, the hearing currently scheduled for April 13, 2006, is canceled and rescheduled to Wednesday, April 19, 2006, at1 :30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Edgar B. Bayley, J. ~ael J. Wilson, Esquire For Plaintiff .~lt Lee Hefelfinger, Pro se 304 E. Louther Street Carlisle, PA 17103 :sal ~. ~. 0' ,.') \":' 4i: ,- 9 . 1..tJ~- . , .~ { : t~. ..... '.J: I ~ . C'') (..:'II '. "1'.'- '2vJ c.-=, F :.-;.: u-~ ..r' ,--", () 0 '. ~ 1 (,...1 /;~t 1991 - 0970 ck,l -kr",- H ct "J-f I f'j U \I > J.-I eftl Plno.ei C Icel"+- - o;uvr((.. o M..f I r I -/-0 03- ).../ -0 &, al 1"1 I") S' frlor (.lI L !\.O + s' [cut A L a.. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KELLY LYNETTE PEREZ fIkIa Kelly Lynette Hefelfinger Plaintiff/Petitioner v. RHETT LEE HEFELFINGER DefendantJRespondent No. 97-970 CIVIL - DIVORCE PETITION FOR SPECIFIC ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT FOR SALE OF FORMER MARITAL RESIDENCE AND NOW comes PIaintiff/Petitioner through her attorney at law and petitions the Court to issue a rule upon Defendant/Respondent to show cause as to any reason the relief requested by Plaintiff/Petitioner herein shall not otherwise be granted, and in support thereof Petitioner/Plaintiff states that: I. The Complaint in Divorce was filed in this matter on February 24, 1997. 2. On November 9, 2000, the parties entered into a Marital Settlement Agreement (MSA), paragraph 11 of which provides for the right of either party to enforce the MSA under the Divorce Code of 1980, as amended, and to incorporate the MSA within the decree in divorce. A copy of the MSA is attached hereto.. 3. The MSA, at paragraph 4 (page 3) permitted Defendant/Respondent to retain exclusive possession ofthe former marital residence (hereinafter "the Property"), which he has thereafter retained, and affirmed his obligation to make future payment upon the existing mortgage secured by the Property, which mortgage was ajoint obligation of the parties. 4. On March 20, 2001, a Decree in Divorce issued from this court divorcing the parties from -1- the bonds of matrimony. 5. The MSA at paragraph 4 (page 4) required that Defendant/Respondent refinance the existing mortgage on the Property within a four year period following the date of the MSA agreement. 6. The MSA provides further that the failure by Defendant/Respondent to refinance would obligate the parties to list the Property for sale. 7. The MSA, at paragraph 14, provides further that the party in breach of any provision therein shall be responsible for court costs and counsel fees of the other party. 8. Defendant/Respondent has failed to refinance the Property or make any known effort to apply for refinancing. 9. In calendar year 2004, PlaintifflPetitioner was made aware of a foreclosure action brought against her and Defendant/Respondent concerning a default by him in the required payments of the existing mortgage secured by the Property. 10. The foreclosure action and filings docketed as MANUFACTURES & TRADERS TRUST v. RHETT HEFELFINGER and KELLY L. PEREZ f/kla KELLY L. HEFELFINGER No. 04-572, Court of Common Pleas for Cumberland County, Pennsylvania, are incorporated herein as if fully set forth. II. Prior to sale ofthe Property, the default was apparently cured and the foreclosure action subsequently terminated. 12. PlaintifflPetitioner has become aware that her credit records negatively reflect the default and status of the subject mortgage. 13. Plaintiff/Petitioner has since remarried and has children of her current mortgage and -2- anticipates that she will need to obtain credit from time to time in the future for her personal and family needs and that the continued appearance of the subject mortgage on her credit records as "unsatisfied" will continue to detrimentally impact her credit rating. 14. PlaintifffPetitioner has on several occasions informed Defendant/Respondent that she was requesting that he either refinance the Property or alternatively list the Property for sale in accordance with the MSA. 15. Defendant/Respondent has not responded to such requests in any manner reasonably calculated or intended to inform PlaintifffPetitioner that a refinancing of the mortgage or listing of the sale of the Property would be forthcoming, absent court intervention and court order. WHEREFORE, Plaintiff/Petitioner prays the Honorable Court grant Plaintiff/Petitioner the following relief: A. Defendant/Respondent has breached the Marital Settlement Agreement between the parties B. Defendant/Respondent shall specifically perform that part of said Agreement requiring the listing for sale of the Property, to include the compelled signing of a listing agreement by Defendant/Respondent within ten (10) business days of the date ofthis Order; C. The listing of the sale of the subject Property shall be at its fair market value with a reputable real estate agency, which agency shall be promptly chosen by Plaintiff/Petitioner; D. The listing real estate agency shall determine the fair market value of the Property for the initial offered sale price and shall determine any adjustments to the offered -3- Date: sale price reasonably necessary to thereafter affect a sale of the Property within a reasonable period of time; and, E. Defendant/Respondent shall pay to PIaintiff/Petitioner the total amount expended by her for reasonable attorneys fees and court costs as a result of the breach of the Marital Settlement Agreement by Defendant/Respondent, which fees and costs shall be submitted by affidavit of counsel for Plaintiff/Petitioner upon completion of these proceedings, and which amount shall be thereafter entered by praecipe as a judgment for Plaintiff/Petitioner against Defendant/Respondent and a lien upon the subject Property to be satisfied upon the sale of the Property. M .4,/c' ~ Ii A~~ --. -v I , 2006 Michael J. Wilson P A 10 No. 52680 Attorney for Plaintiff/Petitioner 816 Derby Avenue Camp Hill PA 17011-8367 717.774.7018 -4- VERIFICATION I, Kelly L. Perez, Petitioner/Plaintiff, hereby certify that the facts set forth in the attached Complaint are true and correct to the best of my personal knowledge, information and/or belief. I make this verification subject to the penalties of 18 Pa.C.S.A. Section 4904 (relating to unsworn falsification to authorities). K~!I!#!I. ~ KELLY LYNETTE HEFELFINGER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-970 CIVIL TERM IN DIVORCE RHETT LEE HEFELFINGER, Defendant MARITAL SETTLEMENT AGREEMENT THIS Agreement made this 9th day of November , 2000 by and between KELL Y LYNETTE HEFELFINGER, of 120 Garfield Drive, Carlisle, Cumberland County, Pennsylvania hereinafter referred to as WIFE, and RHETT LEE HEFLEFINGER, of 304 East Louther Street, Carlisle, Cumberland County, Pennsylvania hereinafter referred to as HUSBAND, WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been joined in marriage on May 25, 1996, in Carlisle, Pennsylvania; and WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 97-970, Civil Term; and WHEREAS, 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 settling of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and in general, the settling of any and all claims and possible claims against the other or against their respective estates. NOW, THEREFORE, in consideration of these considerations, and the mutual promises and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: MSA(Rhett Hefelfinger) November 23, 1999 1. Advice of Counsel: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. HUSBAND, RHETT LEE HEFELFINGER, is represented by Carol J. Lindsay, Esquire, and, he has been advised that he may be represented by counsel of his choice. WIFE, KELLY LYNETTE HEFELFINGER, is represented by Michael J. Wilson, Esquire, and she has been advised that she may be represented by counsel of her choice. Each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, and that execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties will execute, on the date of this agreement, Affidavits of Consent and Waivers of Notice under Section 3301 (c) of the Divorce Code, consenting to the entry of a Decree in Divorce. 3. Personal Property: The parties acknowledge that they have equitably and satisfactorily divided all of their personal property, and that all personal property shall be the sole and individual property of the party in whose possession it is as of the date of this agreement. 4. Real Property: The parties are owners of a home at 304 East Louther Street, Carlisle, Pennsylvania. HUSBAND will pay to WIFE $7,000.00, without interest, at the rate of $200.00 per month with the first payment on or before November 25, 1999 and continuing each and every month on or before the 25th day thereof as more particularly described in the paragraph below as payment for the interest of wife in such property. Wife acknowledges receipt of 12 payments of $200.00 each through this date. HUSBAND shall have exclusive possession of said property. Within ten (10) days of the date of this agreement, HUSBAND will draft and 2 MSA (Rhett Hefelfinger) November 23, 1999 '. execute a mortgage in WIFE'S favor in the amount $4,600.00 without interest and will draft and execute a note calling for the payment of $4,600.00 to WIFE in monthly installments of $200.00 as set out above. Counsel for Husband shall forward the executed note and mortgage to Counsel for Wife within the ten (10) day period stated above. Counsel for Wife shall be responsible for the recordation of the mortgage and payment of any fees related thereto. Said payments on the note and mortgage shall be due on or before the 25th day of each month commencing on November 2000. HUSBAND shall be solely obligated to pay the mortgages, property taxes, and shall maintain and pay for adequate property and casualty insurance on said home and shall indemnify and hold WIFE harmless on account of any claims for said obligations. Default: It shall be an event of default on the terms of this agreement if HUSBAND is four bi-weekly payments in arrears on the first mortgage to M& T Bank, as successor in interest to Keystone Financial Corporation, or if HUSBAND is ten (10) days late in his obligation to pay WIFE $200.00 as more specifically set out above. HUSBAND represents that he is not current on the mortgage obligation to M&T Bank, but shall be current on or before February 28,2001. If HUSBAND is in default, as defined herein, following February 28, 2001, upon the demand of WIFE, the house shall be listed for sale by both parties within 15 days with a reputable real estate sales agency or broker at a fair market value price as recommended by the realtor. Upon sale of the house, the parties will equally divide any proceeds therefrom after HUSBAND has reimbursed WIFE for any loss she may have had on account of his failure to make the mortgage payments. If HUSBAND has paid WIFE in full on his obligation stated herein, and subsequently defaults on the mortgage held by M&T Bank, the property will be listed for sale and HUSBAND shall receive the entire net proceeds of sale, less any economic loss WIFE has necessarily suffered on account of HUSBAND'S failure to make such mortgage payment or payments. 3 MSA (Rhett Hefelfinger) November 23, 1999 Within ten (10) days of the final payment of the $4,600.00 owed by HUSBAND to WIFE, WIFE will mark satisfied the mortgage encumbering the marital home. Within four (4) years of the date of this agreement, HUSBAND shall refinance the marital home so that WIFE is no longer liable for the mortgage of the parties held by M&T Bank. Counsel for HUSBAND shall prepare a deed to be signed by WIFE and held in escrow by Counsel for WIFE transferring all her rights, title and interest in the property to HUSBAND upon refinancing of the debt or debts upon the property and notice to WIFE of that event. Failure of HUSBAND to refinance as provided herein shall obligate the parties to list the property for sale as provided for herein. In the event of default as provided herein and while a sale of the property is pending, WIFE shall have every right to protect her interest in the property or security interest as mortgagee on the property to include paying off the first mortgage to M&T Bank and having the first mortgage assigned to her. WIFE shall not foreclose on any mortgage, but shall limit her remedy or remedies for default as set forth herein. In the event WIFE pays off the first mortgage or becomes an assignee of the first mortgage, HUSBAND agrees to commence monthly rent payments to WIFE in the amount of $400.00 until such time the property is sold to a third party. In the event HUSBAND fails to pay WIFE such rent, he shall surrender possession of the property immediately in order that WIFE shall have the right and ability to rent the property to a third party and derive income therefrom, which income she shall retain, while the sale of the property is pending. Following the listing of the property as set forth herein, and in the event the property is not sold, the sale price of the property shall be adjusted down every three (3) months by an amount equal to five percent (5%) of the previous listed price. 4 MSA (Rhett Hefelfinger) November 23, 1999 '. 5. Alimony: The parties waive any claim that they may have one against the other for alimony, alimony pendente lite or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 6. Marital Debt: The parties have, in their own names, certain credit card accounts which may include some marital debt. Each party will be responsible for the debt on the credit card accounts in his or her name. Each party will incur no debt for which the other may be liable, and will indemnify and hold the other harmless for any debt so incurred. 7. Exchange of Information: The parties have requested from each other and received any information regarding their assets, liabilities, income and expenses which the party requires prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this Agreement are fair and equitable and constitute an equitable distribution of marital property and debt, taking into account all of the relevant factors set out in Section 3502 of the Divorce Code, 23 Pa. C.S.~3502 including the length of the marriage; any prior marriage of the parties; the age, health, station, amounts and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution by each party to the education, training or increased earning power of the other; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciate of the marital property, including the contribution of a party as homemaker; the value of the property set apart to each party; the standard of living of the parties during the marriage; the economic circumstances of each party including federal, state and local tax ramifications at the time of the division of the property, and whether the party will be serving as custodian of any dependent minor children. 5 MSA (Rhett Hefelfinger) November 23, 1999 . 8. Modification: No modification, rescission, or amendment of this agreement shall be effective unless in writing signed by each of the parties hereto. 9. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 10. Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties. 11. Agreement Not to be Merged: This agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 12. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 13. Full and Final Settlement: WIFE and HUSBAND 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, titles, 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 she or he now has or at any time hereafter may have against such 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 widows' or widowers' rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right 6 MSA (Rhett Hefelfinger) November 23, 1999 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 other State, or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any term 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 term thereof, subject, however, to the implementation and satisfaction of the condition precedent as set forth herein above. 14. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~.. (Seal) Rhett L. Hefelfinger ~~~~Seal) y L. Hefe . ge 7 (') ~. = ~~~ C:Y'" :-:i:. .- ::.0 1''' '"'Q ~J: ry (J -'1'1 .-~ ::1: ., n'~:c~, "'T,\-n -~)9 'jC? l,- (-),~.') '"::-~l (-r", ";,;-- 'JJ '< en f....., :J RECEIVED MAR 2 I ZOUb ~ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYL VANIA KELLY LYNETTE PEREZ : ffkla Kelly Lynette Hefelfinger Plaintiff/Petitioner v. RHETT LEE HEFELFINGER DefendantJRespondent No. 97-970 CIVIL - DIVORCE ORDER AND NOW, after consideration of the Petition for Specific Enforcement of Marital Settlement Agreement for Sale of Former Marital Residence filed by PlaintifffPetitioner a rule is hereby issued upon DefendantlRespondent to show cause why the relief requested in said Petition shall not otherwise be granted. {~ ad Rule returnable the ~ day of , 2006, in Courtroom No. at \.6.)o'clock A~1.fP.M., at the Cumberland County Courthouse, I Courthouse Square, ~ Carlisle, Pennsylvania. Counsel for PlaintifffPetitioner shall promptly serve DefendantlRespondent with said Petition and this Order by certified and regular United State Mail'- / J. Date: .M.~ ~D .2006 \C~ M=.. -. . ..' ,\LP ( Q-L n .').:0 OJ " A -":'.:n:J 9 i :8 \l'J 8Z mn~ SOul Ab\/i.U;-L}: I," <:Ud 3Hl .:10 3~:: :,:: ~~HI::n:~ KELLY LYNETTE PEREZ IN THE COURT OF COMMON PLEAS OF f/k/a KELLY LYNETTE HEFELFINGER, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. RHETT LEE HEFELFINGER, DEFENDANT AND NOW, this ?\ day of March, 2006, the hearing currently 97-970 CIVIL TERM ORDER OF COURT scheduled for April 13, 2006, is canceled and rescheduled to Wednesday, April 19, 2006, at 1 :30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. .)tffChael J. Wilson, Esquire For Plaintiff ~tt Lee Hefe/finger, Pro se 304 E. Louther Street Carlisle, PA 17103 :sal Edgar B. Bayley, J. (''') .- .,..~~ C') L'J ';:''::;' r'~' 1-1,.- (') KELLY LYNETTE PEREZ IN THE COURT OF COMMON PLEAS OF flk/a KELLY LYNETTE HEFELFINGER, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. RHETT LEE HEFELFINGER, DEFENDANT 97-970 CIVIL TERM ORDER OF COURT AND NOW, this l~ day of April, 2006, this matter is continued for a period of sixty (60) days to be reset for a hearing upon the call of plaintiff if the matter is not resolved. Edgar B. Bayle , vMlchael J. Wilson, Esquire For Plaintiff :sal ~ett Lee Hefelfinger, Pro se 304 E. Louther Street " Carlisle, PA 17103 ,., -~- (.c..