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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF ;t~~ PENNA.
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DAVID A. HEINBAUGH, SR.,
Plaintiff
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CATHY E. HEINBAUGH,
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Defendant
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DECREE IN
DIVORCE
AND NOW,.. .~.r':...... ..... 19q~..
it is ordered and
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decreed that.,. .~~Y~.D. ,~~. .H.~~~~!\~G~,. .~~:",."..".,.,.,... plaintiff,
and. . , .. .. .. .. . . c;:~:r:W~. 1'.', ,~Ji:.I.N.~~~~!-l... .. . , ... , . , , , .. , ... ". defendant,
are divorced from the bonds of matrimony,
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
The parties' Marriage Settlement Agreement, dated March 3, 1999,
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other claims.
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DA VID A. HEINBAUGH, SR"
Plaintill'
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
\IS.
: CIVIL ACTION - LAW
: NO, 'Jll - 405 CIVIL TERM
CATHY E. HEINBAUGH,
Dcfcndant
: IN DIVORCE
I'RAECIP.:
TO THE PROTHONOTARY:
Plcasc incorporatc thc attachcd Marriagc Scttlemcnt Agrcemcnt, datcd March 3, I 'J'J'J, to thc abovc-
captioncd divorcc action,
Rcspcctfully submittcd,
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James J. Kayer, Esquire
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Kayer and /3ro\yn
Liberty con
4 Ehst Liberty Avenue
Carlisle, P A 17013
Daled: March 8, 1999
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I.
The parties intend to maintain separate and pennanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
confonns to a just and right standard, with due regard to the rights of each party, It is the intent
of the Parties that such division shall be final and shall forever detennine their respective rights,
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets,
3,
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing, Neither Party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each Party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole Use and benefit. Neither Party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other,
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4.
The eonsideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, eonfessed,
and admitted by the parties, and the parties intend to be legally bound hereby,
Each party to the Agreement acknowledges and declares that he or she,
respectively:
(I) is represented by counsel of his or her own choosing; or if not represented by
counsel, understands that he or she has the right to counsel;
(2) is fully and completely informed of the facts relating to the subject matter of this
Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counselor
with the knowledge that advice of counsel can be made available;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands eaeh provision of this Agreement, both as to the
subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
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quality ns mnritnl property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and
tlmt is referred to in this Agreement ns "MlIritnl Property", as betweenthemsclves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner tllllt contanns to
a just and fair standard, with due regard to the rights of each Party, The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate,
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony,
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Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she has made a fulI and fair disclosure of alI debts and
obligntions of any nature for which he or she is currently liable or may become liable, Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage,
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REAL ESTATE: HUSBAND and WIFE hereby agree that the real property known and
numbered as 335 Old Mill Road, Carlisle, Cumberland County, Pennsylvania is under an Action
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in Mortgage Foreclosure by York Federal Savings and Loan Association, HUSBAND and WIFE
further ugree that neither party is finuneially uble to save the property from toreclosure
proceedings. Theretore, it is mutually understood by both HUSBAND and WIFE thut the
muritul property cannot be preserved and neither shall obtain any part of the property. However,
if either party decides to tile bankruptcy in the future, that party will advise the other of their
intention to file bankruptcy,
8,
SUPPORT: It is hereby agreed that HUSBAND shall pay alimony in the amount of One
Hundred and noli 00 ($100,00) Dollars per week for one year beginning the first month after
HUSBAND's loan against his 40lK is paid in full, This amount is non-modifiable, WIFE will
no! provide any financial support to the HUSBAND, and HUSBAND waives all right to any
support following a decree in divorce,
9.
PERSONAL PROPERTY: The parties agree that the personal property has been
divided between the parties to their mutual satisfaction.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE, Henceforth, eaeh of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of
same as fully and effectually, in all respects and for all purposes as ifhe 0: she were unmarried,
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Each party agrees that neither will incur obligations, liens or liabilities on account of the
other und that from the date of this Agreement, nl:ither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other,
10,
AUTOMOBILES: HUSBAND hereby waives all right, title and interest in any vehicle
that WIFE owns or may own in the future; WIFE hereby waives all right, title and interest in any
vehicle the HUSBAND owns or may own in the future. Both parties shall be responsible for all
payments associated with the purchase of their vehicles, as well as all insurance on said vehicles,
II.
MARITAL DEBTS: It is mutually agreed by and between the parties that WIFE shall
assume all liability for and pay and indemnify the HUSBAND against all debts incurred by
WIFE after the date of separation, WIFE represents and warrants to HUSBAND that since the
parties' marital separation she has not contracted or incurred any debt or liability for which
HUSBAND or his estate might be responsible and WIFE further represents and warrants to
HUSBAND that she will not contract or incur any debt or liability after the execution of this
Agreement, for which HUSBAND or his estate might be responsible, WIFE shall indemnifY and
save HUSBAND hannless from any and all claims or demands made against him by reason of
debts or obligations incurred by her,
HUSBAND shall assume all liability for and pay and indemnifY the WIFE against all
debts incurred by HUSBAND after the date of separation, HUSBAND represents and warrants
to WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or her estate might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur any debt or liability after the execution of
this Agreement, for which WIFE or her estate might be responsible, HUSBAND shall indemnifY
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and save WIFE harmless from any and all claims or demands made ngainst her by renson or
debts or obligations incurred by him.
12,
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that WIFE shall
receive one-half of the date of separation marital value plus interest of HUSBAND's 40lK
account through his employer (Carlisle Tire and Wheel); both parties will cooperate in securing a
Qualified Domestic Relations Order to transfer one-half of the marital value as of the date of
separation of this account into WIFE's name individually, Additionally, the parties agree that
WIFE shall receive one-half of HUSBAND's pension through his employer (Carlisle Tire and
Wheel); both parties will cooperate in securing a Qualified Domestic Relations Order to secure
WIFE's one-half interest in said pension, All other employee benefits of either party, shall be
their own,
13,
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND, and HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE,
14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage, It is agreed that the parties will execute and file the consents necessary
to obtain the divorce, Any party who fails to cooperale with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce,
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15.
BREACH: If either party breaches uny provisions of this Agreement, the other party
shall huve the right, at his or her election, to sue lor damages lor such breach or seck such other
remcdics or rclief as may be available to him or her, and the purty breaching this contract should
be rcsponsible lor payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably rcquired to givc full force and elrect to the provisions of this
Agreement.
17,
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal elrect
have either been fully explained to the parties by their respective counsel, or have been fully
reviewed and understood if not represented by counsel, and each party acknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of any duress or undue influence, The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties, The parties further agree that the
terms of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them. It is the parties' intent that this Agreement does not merge with the Divorce
Decree, but rather shall continue to have independent contractual significance, Each party
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muintuins his or her eontruetuul remedies us well us court ordered remedies us the result of the
uforesuid incorporution or us otherwise provided by luw or stutute. Those remedies shull include,
but not be limited to, dumuges resulting from breueh of this Agreement, specific enforcement of
this Agreementl1nd remedies pertuining to failure to comply with an order of court or agreement
pertuining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs us set
forth in the Pennsylvllllia Divorce Code or other similar statutes now in el1cet and as amended or
hereafter enacted,
18,
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ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein,
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APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania,
20,
PRIOR AGREEMENTS: It is understood and agreed that llIlY and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void llIld of no effect.
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21.
PA YMENT OF COSTS: Each party shall be responsible for their own attorneys fees
incurred in the settlement of the divorce llIld economic issues surrounding this divorce.
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22.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereal\er acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
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IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
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C"<t~p ~T~SEAL)
CA Y E. HEINBAUG
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DA VI/) A. HEINBAUGH, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: CIVIL ACTION - LA W
: NO. 9H - i()5 CIVIL TERM
CATHY E, HEINBAUGH,
Defcndalll
: IN DIVORCE
NOTICE TO I>EFENI> ANU CLAIM RIGHTS
YOU HAVE IlEEN SUEI> IN COUlfI'. If yon wish to defcnd against thc c1ailns set forth in
thc following pagcs, YOII lIIust lakc prolllpt action. You are warned that if you lilil to do so, the case
lIIay proceed without you and a decrce of divorce or 1II111uhnent lIIay he entered against you hy the Coun.
A judglllclll may also bc cntcrcd against you for any other claim or relief rcqucsted in these papcrs hy
the Plaintiff. You may lose money or propeny or other rights ilnponant to you, including custody or
visitation of your children.
Whcn the grounds for divorce is indignities or irretrievable brcakdown of the marriage, YOlllnay
request marriage counselling. A list of marriagc counsclors is available in the Prothonotary's Office at
the CUlllberland Coullly Counhouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF plWpERTY,
LAWYER'S FEES OR EXPENSES, IlEFORE A DIVORCE OR ANNULMENT IS GRANTEI>.
YOU MAY LOSE THE RIGHT 1'0 CLAIM ANY OF THEM,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH IlELOW 1'0 FIND OUT WHERE YOU CAN GET LEGAl, HELP,
Coun Administrator - Fourth Floor
Clllllberland Coullly COllnhonse
Carlisle, Pcnnsylvania 17013
Telephone (717) 240-6200
The Coun of COllllllon Pleas of ClIInberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible lilcilities and reasonable
accomlllodations available to disabled individuals having business before the COlin, please conlacl our
office, All arrangemellls must be made at least 72 hours prior to <lilY hearing or business he fore the
coun. You lIIust attend the scheduled conference or hearing.
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Jallles J. Kayer, Esqnire
Allo/'lley for Plainliff
Libeny Loft
4 East Liheny A venue
Carlisle, PA 17013
(717) 243-7922
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WHEREFORE, Plaiatiff requests the eOlll1 to enter a decree of divorce.
I{es(lectfully sublllilled,
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Jilll~lS J. Kay,~r. ~uire
Lih l1y Lofi'l .f
4 L bel1y '~ellae
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Carlisle. !i' 17013
(7(7) 243-7922
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Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACf'/ON - LA W
: NO, l)!! - 405 CIVIL TERM
CATHY E. HEINBAUGH,
Defendant
AFFIDA VIT OF CONSENT
I, A Complaint in divorce under Section 330 I (c) of the Divorce Code was filed on January 22,
1998.
2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed
from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree,
4. J understand that J may lose rights conceming alimony, division of propeny, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
J verify that the statements made in this affidavit are true and correct, J understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom
falsification to authorities,
Date:~L'1 ,v
ILl ,
I
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DA VID A. HEINBAUGH, SR.,
Pluinliff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACI'ION - LAW
: NO. 9!l - 405 CIVIL TERM
CATHY E, HEINBAUGH,
Defendunt
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE
UNDER ~ 330J(c) OF THE DIVORCE CODE
I. I consent to the entry of u final decree of divorce without notice.
2, I unders!Und Ihat 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 untilu 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 prothonotury,
I verify thut the stalements made in this uffidavit ure tme und correct. I understund that fulse
stutements herein are mude subject to the penulties of 18 Pa, C,S. ~ 4904 relating to unswom
falsification to authorities,
DATE: J A rJ ;/1 ,
, 1998'" 1
//4,' }/} f/Li:,,<-,It
DAVID A, HEINBAlibH, SR.
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CATHY E,IIEINBAUGH,
Defendant
IN DIVORCE
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1'llIllIlIff
: IN TilE COURT OF COMMON I'LEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
y,
CIVIL ACTION - LA W
911-405 CIVIL TERM
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(e) OF THE DIVORCE CODE
I. A Complaint in Divorce under Section 330 I (e) of the Divoree Code was filed on
January 22, 1998.
2, The marriage of Plaintiff and Delcndant is irretrievably broken and ninety days have
elapsed from the date of filing of the Complaint.
3, I consent to the entry ofa linal Decree of Divorce without notice,
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4, I understand that I may lose rights eoneeming alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divoree is granted,
S. I understand that I will not be divoreed until a divoree 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 aflidavit are true and correct. I understand that
false statements herein made arc subject to the penalties of 18 Pa, C.S, Section 4904 relating to
uns\Vom falsilieation to authorities.
Date: fY\a.v-ck '3.,.d. , 1999
_C~L ~,,,t2
CA Y E, HEIINBAUGH~
Defendant
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Plaintiff
IN 'I'IIE COUIl'I' 01" COMMON I'I.E^S 01'
CUMUlml,I\ND COUNTY, I'ENNSYIN^NI^
VB.
C^THY E. HEINB^UGH,
CIVIL ^C'I'ION LI\W
NO. 98 - 405 CIVIL
IN DIVORCE
19
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ST^TUS SHEET
DATE:
^CTIVITIES:
No directive for retrial statements; no economic claims
.raised.
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OFFICE OF DIVORCE MASTER
CUM[lERLAND COUNTY
counT OF COMMON PLEAS
9 North Hanovor 511001
Carllslo, PI\ 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Mesler
Tracl .10 Colver
Office Manager/Reporter
West Shore
697-0371 Ex!. 6535
June 24, 1998
Daniel W. DeArment, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
James J. Kayer, Esquire
KAYER & BROWN
Liberty Loft
4 East Liberty Avenue
Carlisle, PA 17013
RE: David A. Heinbaugh, Sr. vs. Cathy E. Heinbaugh
No. 98 - 405 civil
In Divorce
Dear Mr. Kayer and Mr. DeArment:
By order of Court of President Judge George E. Hoffer
dated June 19, 1998, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on January 22, 1998,
raising grounds for divorce of irretrievable breakdown of the
marriage. No economic claims were raised in the complaint.
On June 11, 1998, the Plaintiff filed an affidavit under
Section 3301(d) of the Domestic Relations Code averring that the
parties separated on or about May 1996, a period of at least two
years.
Mr. DeArment filed the motion for appointment of Master
indicating that alimony and equitable distribution are before
the Master for consideration. No claims have been raised in the
complaint and no other pleadings have been filed raising
economic issues; therefore, I am unable to proceed with the
directive for the filing of a pre-trial statement.
I will give counsel two weeks from the date of this
letter to file economic claims if any are to be raised; if no
claims are raised I will ask the Court to vacate my appointment
I
.
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 Nor1h Hanovor Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Tracl .10 Colyer
Office Manager/Reporter
West Shore
697.0371 Ex!. 6535
July 8, 1998
James J. Kayer, Esquire
KAYER & BROWN
Liberty Loft
4 East Liberty Avenue
Carlisle, PA 17013
RE: David A. Heinbaugh, Sr. vs. Cathy E. Heinbaugh
No. 98 - 405 civil
In Divorce
Daniel W. DeArment, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
Dear Mr. Kayer and Mr. DeArment:
I have received a petition for economic relief filed by
the wife on July 6, 1998. She has raised the economic claims of
equitable distribution and alimony. Consequently, since
economic issues have been raised, I am directing each counsel to
file a pre-trial statement in accordance with P.R.C.P.
1920.33(b) on or before Friday, July 31, 1998. Upon receipt of
the pre-trial statements, I will immediately schedule a
pre-hearing conference with counsel 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.
,
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DAVID A. HEINBAUGH, SR.,
Plaintiff
VS.
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CATHY E. HEINBAUGH,
Defendant
NO. 98 - 405 CIVIL
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: James J. Kayer
, Counsel for Plaintiff
Daniel W. DeArment
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 25th day of September, 1998, 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: 8/5/98
E. Robert Elicker, II
Divorce Master
,
DAVID A. IIEINBAUGI/, SH.,
Plaintiff
IN '1'IIE COUll'!' 010' COMMON PLEAS 01'
CUMBEIlf,AND COUN'!'Y, PENNSYr,VANIA
vs.
NO . 9 B - 4 0 5
CN1'IIY E. IIEINBAUGII,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
'I'o:
David A. Heinbaugh, Sr.
James J. Kayer
, Plaintiff
, Counsel for Plaintiff
Cathy E. Heinbaugh
Rebecca R. Hughes
and Daniel W. DeArment
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, PennsYlvania on the 17th day
of March , 1999, at 9:00 a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of YOur case.
II
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Pres iden t Judge
Date of Order and
Notice: 9/25/98
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYEll Oil CANNOT AFFORD ONE, GO TO Oil
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
.
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CUMBEllLAND COUNTY BAll ASSOCIATJON
2 LJI3EllTY AVENUE
CAllLJSLE, PA 17013
'I'ELEPIIONE (7J7) 249-316(,
* Testimony wil be limited to the factor of marital misconduct
as that factor may affect wife's alimony claim and cohabitation
of wife.
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DAVID A. HEINBAUGH, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 98 - 405 CIVIL
.
.
CATHY E. HEINBAUGH,
Defendant IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Friday, September 25, 1998
Present for the Plaintiff, David S. Heinbaugh, Sr.,
is attorney James J. Kayer, and present for the Defendant, Cathy
E. Heinbaugh, are attorneys Rebecca R. Hughes and Daniel W.
DeArment.
A divorce complaint was filed on January 22, 1998,
raising grounds for divorce of ir.retrievable breakdown of the
marriage. The parties will sign and file affidavits of consent
and waivers of notice of intention to request entry of divorce
decree so that the divorce can be concluded under Section
3301(c) of the Domestic Relations code.
On July 6, 1998, the Defendant filed a petition for
economic relief raising the economic claims of equitable
distribution and alimony. There is most likely going to be
testimony offered on the factor of marital misconduct; there is
also an issue as to the nature of wife's relationship with a
male friend with whom she is living and whether or not that
relationship rises to the level of cOhabitation. We have
discussed when the cohabitation testimony should appropriately
be entered on the record and after the discussion, the Master
has agreed to hear the marital misconduct and cohabitation
testimony at one time. That hearing will be scheduled
separately from the hearing on the other economic factors and
issues. It is noted that the cohabitation issue shoUld probably
be heard in accordance with the divorce code fOllowing the entry
of the divorce decree but as the Master has previously noted, he
has, on some occasions, listened to the testimony and made a
record on the cohabitation issue prior to the matter going
before the Court. There is always the possibility that the
present relationship with wife and her male friend could
terminate and that the cohabitation issue become moot prior to
the entry of the divorce decree.
Husband is 42 years of age and resides at 35 Spring
Road, Apartment 1, Carlisle, Pennsylvania, where he lives alone.
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He is a laborer for Carlisle Tire and Wheel and makes $13.00 per
hour gross. He is full-time. According to the support office,
when they reviewed his income in June 1996, husband had a net
monthly income of $2,349.59. Mr. Kayer is going to provide and
file an updated income statement with attached pay stubs so we
can determine the income of husband at present. Husband is
currently paying spousal support in the amount of $550.00 per
month. He has medical insurance coverage on himself and wife
and has not raised any health issues. Upon the entry of a
divorce decree, wife will lose her health insurance benefits and
most likely will be entitled to COBRA benefits. The Master asks
that husband inquire of his employer what the cost of those
COBRA benefits would be to wife upon the entry of a divorce
decree.
Wife is 41 years of age and resides at Crestwood
Court, Lot 56, Brookville, Pennsylvania 15825 where she lives
with a male friend. She is a high school graduate and works as
a bartender for the Eagles in Brookville, Pennsylvania. Her
income is based on a 30 hour week at $5.50 per hour. The net
income computed by the support office for wife in June 1996 was
$131.54 per week. Wife has reported some health problems
including problems with nerves and with her shoulder. She has
previously taken Prozac but claims that she cannot afford the
medication and that husband receives the payment for the drugs,
which she has to pay for in advance, and then has trouble
getting reimbursed. Husband, on the other hand, says that only
on one occasion has wife asked him for assistance with obtaining
medication and he did cooperate. Wife has had two operations on
her shoulder previously and may be looking to have another
operation.
The parties
separated May 22, 1996.
emancipated children.
The parties own real estate at 3J5 Old Mill Road,
carlisle, Pennsylvania, which they have vacated but which they
allowed the children to use subsequent to the parties'
separation. However, the children apparently have not
maintained the property, including the payment on the mortgage,
and the mortgagee is proceeding with a mortgage foreclosure
action. We expect that as a result of the mortgage foreclosure
there will be a deficiency judgment entered against the parties.
were married on September 21, 1974, and
They are the natural parents of three
The 1990 Plymouth Voyager was sold in April of 1998
for $100.00 by wife. Husband had a $100.00 York Federal
checking account. There was a Members 1st checking account but
we do not have any information as to the amount of money in that
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account.
The only assets of any substantial value are
retirement, employee and pension benefits of husband. He has a
401(k) which has a value in excess of $31,000.00. Counsel are
requested to provide a date of separation value for that account
and then update that value with an interest factor to the date
of hearing. In any event, the marital portion of that account
counsel have agreed can be distributed by using a rollover to
wife of her interest in that account. Husband has a pension
which is vested with his employer and counsel will distribute
that in accordance with a QDRO. As of March 31, 1996, husband
had $17,838.70 in an employee incentive savings plan with his
employer.
There is a question about whether or not we should
use any value for household tangible personal property.
Apparently there was a marital debt to Capital Visa in excess of
$6,900.00 which included a number of items of tangible personal
property such as: Camper, tools, tractor, camping supplies,
lawn spreader, air compressor. We do not know the whereabouts
of these items but husband has paid off the Capital visa
account. In valuing the household tangible personal property
and the items listed, we need to know who has possession of
those items and if husband has the items, then his payment of
the Capital visa account, to the extent that those items were
charged on that account, would be rightfully his obligation in
any event, and wife would not be Sharing in the payment of that
account. There is an Advanta card and the balance on that is
unknown but Mr. Kayer indicated that his client borrowed against
his 401(k) to payoff the Advanta card. We need to know the
amount that was paid on the Advanta card to liquidate that debt
and the balance borrowed against the 401(k).
Counsel have talked about the possibility of the
parties filing bankruptcy especially considering the likelihood
that there will be a fairly substantial deficiency jUdgment
against the parties following the sale of the real estate. It
does appear as if the retirement plan and the 401(k) will be
protected; there may be some question about whether the employee
incentive savings plan would be included as an asset in the
bankruptcy proceedings and not given any protection.
The Master has suggested that the parties look at
the possibility of bankruptcy proceedings and in order to bring
this matter to a conclusion in the immediate future, to have
husband consider agreeing, even though there are some issues
with respect to cohabitation, to paying wife an amount of
alimony for a set period. As noted, as long as the case is in
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process and litigation, husband will be subject to his spousal
support order unless ultimately modified by the Court based on a
separate petition through the Domestic Relations Office.
With respect to the exposure of the employee
incentive savings plan to the bankrupcty proceedings, counsel
can also determine whether or not any exemptions that the
parties may be entitled to would protect any or all of the value
of that plan.
A pre-hearing Conference is schedule with coUnsel
and with the parties, if counsel deem their presence fruitful to
helping to resolve this case, for Thursday, December 3, 1998, at
9:30 a.m. Notices will be sent to counsel and counsel can let
the parties know if they should be present.
A hearing on the issues of marital misconduct and
cohabitation is scheduled for Wednesday, March 17, 1999, at 9:00
a.m. Notices will be sent to counsel and the parties.
E. Robert Elicker, II
Divorce Master
cc: James J. Kayer
Attorney for Plaintiff
Rebecca R. Hughes and Daniel W. DeArment
Attorneys for Defendant
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L^W OFFICES
IRWIN McKNIGHT & HUGHES
ROOER n IRWIN
MARCUS A MCKNlmn, 11/
JA~'ES 0 'IUGI~tS
REUECCA R HUGnES
DANIEL W DoARMENr
WEST POMFREr PROFESSIONAL BUILDING
60 WEST POMFRE r S IREET
CARLISLE, PENNSYLVANIA 17013.3222
(717) 249.2353
FAX (717) 249.0354
E.MAIL.. /AI" LAIV@AOL.COM
''''ROW S 1R~~'1N ftr"5.I~nJ
IIAFIOLDS IRW/N.JR I'O!l4.IrUf~J
I((WIN, IRWIN 4 mWIN (I "!Ill. Ill8IJJ
IRWIN,IRWIN.I "'(KNlol/r /I""t!. 111g4)
July7,I998
E. ROBERT ELICKER, ESQUIRE
DIVORCE MASTER
9 NORTH HANOVER STREET
CARLISLE, PA 17013
RE: HEINBAUGH v. HEINBAUGH
NO. 98-405 CIVIL
IN DIVORCE
Dear Mr. Elicker:
Pursuant to your letter dllted June 24, 1998, please find enclosed a copy ot'the Petition for
Economic Reliet'which was filed on behalt' of the dctcndant, Cathy E. Heinbaugh. This Petition
should put before the court those issues of economic distribution which would be properly
presented to you in your capacity as the Cumberland County Divorce Master,
In the event you have any questions, please do not hesitate to contact the undersigned.
Very truly yours,
(4~ry/
Daniel W. DeAnnent
DWD:c1c
Enc!.
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Ct..':-ffiERL\ND COmITY, ?~r:IS"{t'iNIIA
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DAVID A. mnNIlAlJGII. SR.
vs.
CATHY E. IIEINIlAUGII
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98 - 405
~ CTVTI, TERM
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~!OTION FOR APPO~rr.""'rT OF ~!AST:::R
(Plaintiff) (Defendant), moves the cour~ to appoint
a master wich respect to che following cla~s:
(X) Divorce ( X) Diseribueion of ?roper~:'
( ) Annulmene ( ) Suppore
( X) Alimony ( ) Counsel :ees
( ) Alimony Pendente Lite ( ) Costs and ~tpenses
and i~ suppo~: or the motion states:
(1) Discovery is complete as co che cla~s(s)
appoincnent of a maseer is requeseed.
(2) The defendant (has) ~) appeared in
(by his at~o~ey, DANIEL W. DeARMENT
(3) The seaturo~l ground(s) for divorce (is)
for ...;hich ::~e
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che act:ion (~)
,Esquire).
(are) 3301 CD)
(4) Delete the inapplicable paragraph(s):
(a) The act:ion is noe coneeseed.
(b) An agreement has been reached wieh respece co che
following claims:
(6) The hearing is e."Glected to eake -1- ~ (days).
(7) Addieional info~acion. if any. relevane co che moeion:
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(c) The aceion is coneeseed with respecc :0 rhe following
clai:ns: EOUITABI.E DISTRTB1ITTON ANTl ALIMONY
(5) The aceion (involves) (~) complex issues of law
or face.
Date: 6-18-98
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is appoinred
ORDER APPOI~ITI::lG_ :'!ASTER
;9 ,1912-, ,c.:: Al.:?ce-v't
respect: co ehe following claims:
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DA VID A, HEINBAUGH, SR.,
Pluintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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: CIVIL ACI'ION - LAW
: NO, 98-405 CIVIL TERM
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CATHY E. HEINBAUGH,
Defendunt
: IN DIVORCE
PRETRIAL STATEMENT BEFORE THE DIVORCE Master, E. ROBERT ELICKER,
II ESQUIRE, PURSUANT TO PA. RULE OF CIVIL PROCEDURE 1920.33
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I. BACKGROUND
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TIle Defendant, CATHY E, HEINBAUGH, has brought this action before the Master, E,
Robert Elieker, II, Esquire, seeking equituble distribution of property and alimony. TIle purties
were married on September 21, 1974 and sepumted in May of 1996. The parties have no
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children under eighteen (18) years of age. The husband was born on November 17, 1955 and
has worked as a laborer at Carlisle Tire & Wheel for approximately twenty-four (24) years. He
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has no significant health concerns. The wife has been employed regularly through the marriuge
and her current employment status is unknown. She was born on September ]5, 1957 and has
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no significant health concerns. TIle following information is provided pursuant to PA. Rule of
Civil Procedure 1920.33,
II. LIST OF MARITAL ASSETS - REAL ESTATE
TIle parties are joint owners of real estate located at 335 Old Mill Road in Carlisle. The
home was purchased in 1985. On June 4, 1998 a mortgage foreclosure action was commenced
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by York Federal, the primary lien holder of the premises, Neither party is in a position to cure
the default that has occurred on the residence us payments have not been made on the mortgage
in over one yeur's time. Regrettably, the parties have agreed that they shall allow the bank to
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rctnkc thc homc. Accordingly, nny equity that hns nccrued in the homc sincc thc partics'
marringc wi\1 bc lost to both partics,
III. INTANGIBLE PERSONAL PROPERTY
A, Bank Account of Dcfcndant - At thc timc of thc partics' scparation, thc Dcfcndant
maintaincd a checking nccount with Mcmbcrs 1st Fcdcral Crcdit Union in an unknown amount.
B, Bank Account of Plaintiff - At thc timc of thc partics' scparution, Plaintiff maintain cd
a savings account with York Fcdcral in thc amount of $100.00.
C. Defendant's 401 (K) - During the Defendant's employment with Ross, she contributed
to a 401 (K) plan. Hcr contributions, and any matches by the employcr are unknown to the
Plaintiff. It is also unknown as to whether this 401 (K) plan has been liquidated by thc
Defendant.
D. Rctirement benefits of the Plaintiff - Plaintiff has participated in an employce
incentive savings 40 I (K) progrmTI sponsored by his employer. At the time of thc sepamtion,
the Plaintiff had a 401 (K) account valucd at $31,315.22. Mr, Heinbaugh in addition to the 401
(K) plan also will reccive a deferred vested pension bcnefit payable at age 65. The monthly
value of that benefit as it existed at the time of thc sepamtion was $275,21. Mr. Heinbaugh's
employer also maintains a term life insurance policy for him, however, this has no cash value.
IV. TANGIBLE PERSONAL PROPERTY
At the time of the parties' sepamtion, each of them had in their possession a motor
vehicle. TIle Plaintiff leased a 1995 Chevrolet Blazer. As this vehicle is leased, there is no value
to be ascribed to the parties. The Defendant had in hcr posscssion a 1990 Plymouth Voyager
mini-van which cost $18,000.00 at the timc of purchasc. The Plaintiff is unaware of what value
thc vehicle had at the time of the sepamtion. With regard to other tangible personal property,
the parties have previously divided their personal property and it is the Plaintiff's position tllllt
this personal property need not be considered by the Mastcr in his overull detennination,
V. EMPLOYMENT AND INCOME
TIle Plaintiff is a laborer at Carlisle Tire & Wheeland has worked there for in excess of
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twenty-three (23) years, His hourly rute of pay is approximately $13,00 per hour, He is a full
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time employee, who is eligible for retirement benefits as stated above. TIle Plaintiff is a high
TIle Defendant has worked previously at Ross Distribution and has maintained other jobs
school graduate.
as well. It is ur,known as to whether she is currently employed. Plaintiff is unaware of any
physical or vocational reason why the Defendant cannot maintain full time employment as she
has done so in the past. TIle Defendant has attended high school through the tenth gmde and it
is unknown whether she has obtained a G.E.D.
VII. MARITAL MISCONDUCT
The Defendant is currently living with a paramour. Accordingly, she is not eligible for
an alimony award. In the event that she is maintaining a residence separate and apart from her
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paramour, it is the Plaintiffs position that it was this affair by the wife that caused the parties'
separation and ultimate divorce to occur. The parties have previously sepamted in 1992 and were
able to reconcile their differences at that time after a lengthy separution.
VIII. LIABILITIES
Upon the parties' separation there were significant marital liabilities that existed. TIlOse
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liabilities that he is specifically aware of, the Plaintiff has listed in his Inventory and
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Appmisement which is attached hereto.
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IX. WITNESSES
It is IInticipatcd that the Plaintiff will testify on his own behalf. He will testify with
regard to 1111 relevant factors to a proper detennination of equitable distribution of the marital
property, liS well as regarding the alleged marital misconduct of the Defendant. In the event tlmt
the parties cannot agree as to the relative values of their personality and liabilities, the Defendant
will also testify as to the values of these items.
X. EXPERT WITNESSES
It is not anticipated that the parties will need to call any expert witnesses. As the Plaintiff
has limited means in which to make a lump sum distribution to the Defendant, he believes that
a deferred distribution of his pension is in order. Assuming that this is the case, no present value
analysis of that pension would be necessary,
XI. EVIDENCE AND EXHIBITS
1. Copies of loan and loan balances
2. Copies of bank records of the parties
3. Copies of documents confirming values of retirement benefits and 401 (K) plan of
each party.
XII. PROPOSED RESOLUTION OF THE ECONOMIC ISSUES AND DISTRIBUTION
TIle Plaintiff is requesting that the distribution of marital assets occur on a basis of fifty
(50) percent to each party. He seeks full credit for the liabilities that he has paid on behalf of
both parties. He is willing to take certain of those liabilities on for himself in the future and
would request credit for these items as well. It is unclear at this time whether any deficiency
judgment will exist with regard to the mortgage foreclosure action. In the event that such a
deficiency judgment is found to occur, Plaintiff believes that both parties should share equally
In their lIuhlllty of IhuI judgmenl. With regurd 10 the I'lulntlfrs 401 (K) pluns, it Is his helief Ihut
Ihrough u Quullned Domesllc Relullons Order, proceeds from those pluns cun be paid to Ihe wife
or to u deslgnuted ucconnt. Any monies thut the wife receives from Ihe 401 (K) plun should be
offset by the murituJ debtthul husband shull retuin us well as uny interest thai he hus in the wife's
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The wife's request for ulimony should be dismissed due 10 her co-habitation wilh another
man. Even in the absence of such marilal misconduct or co-hubitation, the wife hus demonstmted
a sufficiem income capacity where she should not be awarded alimony as she is viably and
independently able to support herself.
Respectfully submitted,
KA YER & BROWN
By: / /~ 111 It.
James J.\ Kayer Esq{lire
suprery\~ Cl. I. . #50838
4 ~sti L bert~ !\venue
Carhs)~, PA 17J013
(717) 2 3-7922
Attorney for Defendant
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Dated: July 29, 1998
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DA V/D A. IIEINnAUGII, Sit,
PIn III I I ff/Rcs pOll dCII I
: IN TilE COURT OF COMMON PLEAS 01;
: CUI\IUERLAND COUNTY. I'ENNSYLVANIA
(J \'l ,')
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v.
CATHY E.HEINBAUGH,
Dcfclldllll 1/I'cI I I lOll CI'
9H-4115 CIVIL TlmM .
CIVIL ACTION
IN DIVORCE
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PETITION FOR ECONOMIC RELIEF
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AND NOW, this 6th day ofJuly, 1998, comes the petitioner, Cathy E. Heinbaugh, by her
attorneys, IRWIN, McKNIGHT & HUGHES, and makes the following Petition for Economic
Reliefagainst the plaintitTIrespondent, David A, Heinbaugh, Sr., as follows:
I.
The petitioner is Cathy E. Heinbaugh who is the defendant in a divorce action filed at 98-
405 in Cumberland County, Pennsylvania. Her address is Crestwood Court, Lot 56, Brookvilfe,
Jetlerson County, Pennsylvania 15825.
2.
The respondent is David A, Heinbaugh, Sr. who is the plaintitl"in this divorce action. His
address is 35 Spring Road, Apartment # I, Cumberland County, Carlisle, Pennsylvania 17013.
3.
The petitioner avers that the marital assets and liabilities have not been equitably divided
between the parties,
1),\ VII> A. HEINBAUGH, SI{.,
1'!lIlutlff
: IN THE COUI{T 01' COMMON I'LEAS 01'
: CUMBERLAND COUNTY, I'ENNSYLVANIA
\'S.
: CIVIL ACTION -LAW
CATHY E. HEINBAUGH,
J}cfcudllul
:NO. 98-405 CIVIL TERM
:IN I>IVORCE
I'I{AECH'E
TO: CURTIS R. LONG, I'I{OTHONOTARY:
Plcase enter my appearance on behalf of the Defcndunt, Cuthy E. Hcinbaugh.
Respectfully Submilled,
IRWIN, McKNIGHT & HUGHES
Junc --Li.., 1998
(;2,,~Lf?~
DJniel W. eArment, Esquirc
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717)249-2353
Attorney for the Defendant,
Cathy E. Heinbaugh
1.0. #77946
4.
The petitioner seeks the following relief from the Court:
a. Equitable distribution of the marital assets and liabilities; and
b. Alimony
WHEREFORE, the petitioner, Cathy E. Heinbaugh, requests the relief set tbrth above.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
B~~~C:>'
anicl . DeAr . ent, Esquire
60 West PomfTet Street
Carlisle, P A 17013
717-249-2353
Supreme Court I.D. No: 77946
Attomey for the defendant/petitioner,
Cathy E. Heinbaugh
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Date: July 6, 1998
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B. PERSONAL PROPEIHY:
DescriptiO/I of
PmperlJ'
O","er.vhip
I're.velll VlIlue
AI/I/JUIII of Liel/
1995 Chevrolet
Blazer
Husband
$0,00
Leased
1990 Plymouth
Voyager Minivan
Wife
(1990 Purchase
price - $13,000)
4/98 - Sale price$1 00.00
$0.00
In addition, the Defendant believes that the Plaintiff may own significant amounts
of intangibles, such as corporate stock, which has not been disclosed by the Plaintiff in the course
of the divorce proceedings, In the event that Plaintifl' does own any such assets which were
,
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purchased during the marriage Delcndant would be entitled to distribution of a portion of such
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assets under the Divorce Code. Further, upon separation of the parties in 1996, Plaintiff removed
from the marital residence a vast majority of the parties personal household property, which
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property has not been equitably divided between the parties.
C. RETIREMENT / PENSION BENEFITS
Descriptioll of O","ership Presellt VlIllle AII/O/lilt of Liell
Property
~,;
40lK Wife Approx. $50.00 Liquidated at time Ii
of job departure
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40lK Husband Est. $31,315.22 SO.OO 'I
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Vested Pension Ilushand Est. $275,21/1110, $0.00
Benefit
Tenn Life Hushand $0.00 $0.00
Insurance
II. MARITAL DEBT:
Credit Cards
Wile
None
$0.00
Loans
Wife
None
$0.00
The Defendant is unaware of any additional marital debt which existed at the time of
separation.
III. EXPERT WITNESS:
At this point, the Defendant docs not expect to call any expert witnesses, however,
reserves the right to call any export witnesses ifnecessal}'.
IV. WITNESSES:
A. Cathy E. Heinbaugh
B. The Defendant reserves the right to call any additional witnesses as needed.
V. EXHIBITS:
A. Mortgage documentation and balance infonnation
B. Bank records of the parties
C. 401 K liquidation verification
D, Any additional receipts and documentation related to valuation of marital assets and
debts,
3
VI. INCOME AND EXI'ENSES:
Wile's cducational buckgl'llund includcs a high school diplomll, Wile is currcntly
cmploycd atthc Eaglcs in Brookvillc. Pcnnsylvania. IIcr currcnt cuming rutc is $5,50 per hour at
30 per week for a weckly gross eumings of $ 165,00, Shc docs not have any cmployee benefits
associated with her cmploymcnt.
Husband's edueational background includes a high sehool diplomu. Husband's is
believed to be employed at Carlisle Tirc and Wheel, although his eurrently hourly wage, bonuses
and employee benefits are unknown.
VII. PROPOSED RESOLUTION:
The Defendant proposes that the assets and liabilities be divided on a 70/30 busis, with
Defcndant receiving 70% of the marital assets and Plaintiff receiving 30% of the marital assets.
Further, Defendant proposes an award of alimony from the Plaintiff in an amount commensurate
to the disparate fmancial positions of the parties. In support of this proposition, Defendant cites
the following:
I. Plaintiff removed virtually all household property from the marital residence
at the time of his departure;
2. PlaintilT has a significantly higher earning eapacity based upon his skill and
experience at the Carlisle Tire and Wheel Corporation.
3. Plaintiff has significant assets, including 401K and other deferred pension
benefits associated with his employment.
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Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
)
60 Wcst Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court J.D. No. 77946
Date: July 31,1998
5
CERTWICATE 01" SERVICE
I, Duniel W. DeAnllent, do hereby certify thutl umthis duy serving u true und correct
copy of the foregoing document upon the person, und in the munner indiclIted below, which
service sutisfies the requirements of the Pennsylvuniu Rules of Civil Procedure, by depositing the
sume with the United States Post Office in Curlisle, Pennsylvanill, postage prepuid, certified
mail, restricted delivery and addressed us follows:
James J. Kayer, Esquire
Kayer & Brown, P,C.
4 East Liberty A venue
Carlisle, Pa 17013
IRWIN, McKNIGHT & HUGHES
an .. DeArment,
60 est Pomfret Street
Carlisle, P A 17013
717-249-2353
Supreme Court 1.0. #: 77946
Attorney for the Defendant,
Cathy E. Heinbaugh
Date: August 3, 1998
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DAVID A. HEINBAUGH, SR.,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CATHY E. HEINBAUGH,
Defendant
No. 98-405 CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NDW, this ~ day of .~~____,
1999, the economic claims raised in the proceedings having been
resolved in accordance with a marriage settlement agreement
dated March 3, 1999, the appointment of the Master is vacated,
and counsel can file a praecipe transmitting the record to the
Court requesting a final decree in divorce.
By the Court,
.J.
co:
James J. Kayer
Attorney for Plaintiff
, ,or- I' 3/"/99.
.. c...h.u:..- .->>...~",- ?
"I} ...J ) .
Rebecca R. Hughes
Attorney for Defendant
.".
-.
f)A VID A. HEINBAUGH, SR.,
PllIintiO'
: IN TIlE COURT OF COMMON PLEAS OF
: CUMIlERLAND COUNTY,PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
: NO. 98 - 405 CIVIL TERM
Please incorporate the auached Marriage Selllement Agreement, daled March 3, 1999, to the above-
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CATHY E. IIEINIlAUGH,
Defendant
: IN DIVORCE
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)'RAECII'E
TO THE PROTHONOTARY:
captioned divorce action.
Respectfully submilled,
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James J. Kaycr, J~Scluire
., J
Kayer and !3ro\Vn
Librrty lion
4 East Liberty Avenue
Carlisle, PA 17013
Dated: March 8, 1999
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this OV'd day of Mo..\^c.h
between CATHY E. HEINBAUGH (hereinafter referred to as "WIFE")
HEINBAUGH, SR., Jr., (hereinafter referred to as "HUSBAND"),
, 1999, by and
and DAVID A.
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on September 21, 1974 and
separated on May 22, 1996; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest
of their natural lives, and the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as between each other, including, without
limitation by specification; the settling of all matters between them relating to the ownership and
equitable distribution of real and personal property; the settling of all claims and possible claims
by one against the other or against their respective estates and equitable distribution of property
and alimony for each party.
The parties hereto agree and covenant as follows:
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1.
The parties intend to maintain separate and penn anent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
confonns to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever detennine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
2
4,
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she,
respectively:
(1) is represented by counsel of his or her own choosing; or if not represented by
counsel, understands that he or she has the right to counsel;
(2) is fully and completely infonned of the facts relating to the subject matter of this
Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counselor
with the knowledge that advice of counsel can be made available;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to the
subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
3
qualify us marital property under the PennsylvWliu Divorce Code, Title 23, Section 3301(e), Wld
that is referred to in this Agreement us "Muritul Property", us between themselves, their heirs and
ussigns. The purties huve attempted to divide their Murital Property in a manner that confonns to
a just and fair standurd, with due regurd to the rights of each Purty. The division of existing
Murital Property is not intended by the purties to constitute in any way a sale or exchange of
ussets, and the division is being effected without the introduction of outside funds or other
property not constituting a purt of the murital estate,
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
churge, security interest, encumbrance, or restriction to which any property is subject. Each
purty further represents that he or she hus mude a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration ofMurital Property without the prior consent of the other,
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and sepurate State and Federal Tax Returns filed by or on behalf of either or both Purties during
marriage.
7.
REAL ESTATE: HUSBAND and WIFE hereby agree that the real property known and
numbered as 335 Old Mill Road, Curlisle, Cumberland County, Pennsylvania is under un Action
4
in Mortgage Foreclosure by York Federal Savings and Loan Association. HUSBAND and WIFE
further agree that neither party is financially able to save the property from foreclosure
proceedings. Therefore, it is mutually understood by both HUSBAND and WIFE that the
marital property cannot be preserved and neither shall obtain any part of the property. However,
if either party decides to file bankruptcy in the future, that party will advise the other of their
intention to file bankruptcy.
8.
SUPPORT: It is hereby agreed that HUSBAND shall pay alimony in the amount of One
Hundred and noli 00 ($100,00) Dollars per week for one year beginning the first month after
HUSBAND's loan against his 40lK is paid in full. This amount is non-modifiable. WIFE will
not provide any financial support to the HUSBAND, and HUSBAND waives all right to any
support following a decree in divorce,
9.
PERSONAL PROPERTY: The parties agree that the personal property has been
divided between the parties to their mutual satisfaction,
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of
same as fully and effectually, in all respects and for all purposes as if he or she were unmarried.
5
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Each party agrecs that neither will incur obligations, Iicns or liabilities on account of thc
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other,
10.
AUTOMOBILES: HUSBAND hereby waives all right, title and interest in any vehicle
that WIFE owns or may own in the future; WIFE hereby waives all right, title and interest in any
vehicle the HUSBAND owns or may own in the future. Both parties shall be responsible for all
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payments associated with the purchase of their vehicles, as well as all insurance on said vehicles.
II.
MARITAL DEBTS: It is mutually agreed by and between the parties that WIFE shall
assume all liability for and pay and indemnifY the HUSBAND against all debts incurred by
WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the
parties' marital separation she has not contracted or incurred any debt or liability for which
HUSBAND or his estate might be responsible and WIFE further represents and warrants to
HUSBAND that she will not contract or incur any debt or liability after the execution of this
Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnifY and
save HUSBAND hnnnless from any and all claims or demands made against him by reason of
debts or obligations incurred by her.
HUSBAND shall assume all liability for and pay and indemnifY the WIFE against all
debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants
to WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or her estate might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur any debt or liability after the execution of
this Agreement, for which WIFE or her estate might be responsible, HUSBAND shall indemnifY
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and save WIFE harmless from any and al1 claims or demands made against her by reason of
debts or obligations incurred by him.
12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that WIFE shal1
receive one-half of the date of separation marital value plus interest of HUSBAND's 40lK
account through his employer (Carlisle Tire and Wheel); both parties will cooperate in securing a
Qualified Domestic Relations Order to transfer one-half of the marital value as of the date of
separation of this account into WIFE's name individual1y. Additional1y, the parties agree that
WIFE shal1 receive one-half of HUSBAND's pension through his employer (Carlisle Tire and
Wheel); both parties will cooperate in securing a Qualified Domestic Relations Order to secure
WIFE's one-half interest in said pension. AI1 other employee benefits of either party, shal1 be
their own.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive al1 right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND, and HUSBAND agrees to waive al1 interest which he has in the bank accounts of
the WIFE.
14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shal1 pay al1
the costs and legal fees of the party who is seeking the divorce.
7
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15.
BREACH: If either party breaches any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach or seck such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
16,
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
17.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have either been fully explained to the parties by their respective counsel, or have been fully
reviewed and understood if not represented by counsel, and each party acknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of an;' duress or undue influence. The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties. The parties further agree that the
tenns of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them, It is the parties' intent that this Agreement does not merge with the Divorce
Decree, but rather shall continue to have independent contractual significance. Each party
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maintains his or her contractual remedics as well as court ordercd remcdies as the rcsult of the
aforesaid incorporation or as othcrwisc providcd by law or statute, Those remedies shall include,
but not be limited to, damages resulting from breach of this Agreement, specific enforcement of
this Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or
hereafter enacted,
18.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
19.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
20,
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees
incurred in the settlement ofthc divorce and economic issues surrounding this divorce.
9
22.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
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CAT E. HEINBAUGH
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COMMONWEALTH OF PENNSYLVANIA
COUNTYOF c..Vr<I 'oV\ 0 () 'h~
: SS:
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PERSONALLY APPEARED BEFORE ME, this L day of~ ~
1999 a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, CATHY E. HEINBAUGH, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Marriage Settlement Agreement, and
acknowledges that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Nolarlal Seal
Martha L. Noel. Notary Public
CArlisle 80ro. Cumberland Counly
My Com""r..;on Expires Sep\. 18. 1999
~emO(!l . ,:H,~IJ".i1nl:; '\~!lI)Cii\IIOtl of JI'~;1rlr ~
~~~
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this 5-- day of n1a ~tL .
.
1999, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, DAVID A. HEINBAUGH, SR., known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Marriage Settlement Agreement , and
acknowledges that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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.- NOT^RI^L .,'- bl'
\ OENISE PIN^,."": 1 ;I~~I~ ~u~1Y I
Ci:uIi510.8fJrr" ',,"r~5 Nov. 20. 20~5\
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DA VI/) A HEINBAUGH. SR.,
Plaintil!'
· IN TIlE COURT OF COI\IMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CATHY E. HEINBAUGH,
De/endant
· CIVIL ACTION - LA W
: NO. 91l- 405 CIVIL TERM
I'ETlTlON FOR SI'ECIAL RELIEF AND BIFURCATION
COMES NOW, David A. Heinbaugh, Sr.. by and through his allorney, James J Kayer, Esquire.
who docs hereby aver as follows:
I. Plaint ill: David A. Heinbaugh, Sr., is an adult individual who resides at 2127 Newville Road,
Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant, Cathy E. Heinbaugh, is an adult individual last residing at Crest wood Court. 1.01
56, Brookville, Pennsylvania 15825.
3. On or about January 22, 1998 the Plaintill'fiIed a Complaint in Divorce alleging thaI the
marriage was irretrievably broken.
4. Defendant, Cathy E. Heinbaugh, represented by Rebecca Hughes, Esquire agreed in principal
on December 3. 1998 to a full and final resolution of all economic issues as well as agreeing to consent 10
the divorce.
5. The issues addressed in the agreement between the parties included equitable distribution of
property, alimony, alimony pendente lite, counsel fees, as well as the parties agreement to execute the
Consents of divorce.
6. De/endant, Cathy E. Heinbaugh, has refilsed to execute all documents necessary to finalize the
divorce as well as any document memorializing the agreement.
7. Defendant, Cathy E. Heinbaugh, has continued to receive spousal support for an extended
period of time due to her refusal to execute divorce consents and the parties' Separation Agreement.
8. Plainritl: David A. Heinbaugh, Sr., has delrimenrally relied upon the Defendant's
representations thaI she had fully and finally agreed 10 all outstanding issues necessary 10 resolve the
divorce.
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<), Plaintil1: David A Heinbaugh, Sr" bascd upon his rcliancc of Dcfcndant's good lilith has madc
arrnngcmcnts to rcmarry und mustobtuin his ncw mUITiagc liccnsc no latcr than March 20, 1<)11<) inordcr
to conduct his ccrcmony by I'vlurch 27, 1<)<)<),
10. Plaintil1: David A Heinbaugh. Sr., has bccn subjcctcd tolinancial hardship duc to his
continuing obligation to pay cxccssivc spousal support ovcr and abovc whatthc partics had agrccd.
II. Dcfcndant's continucd relilsalto exccutc thc documcnts mcmorializing thc partics agrccmcnt
unjustly enriches hcr.
12. Plaintil1'believcs and thcrelhrc avers that Delcndant would not be prejudiced by cntry of
bifurcated decrce in divorcc as the parties have been separated Ihr a period of time in excess of two (2)
years.
WHEREFORE. Plaintil1' respectlillly requests tbis Honorable Court to issue a Rule upon
Defendant to show cause why the Ihllowing relief should not be granted to the Plaintill:
A. bifurcation of the divorce with a preservation of all economic issues to be resolved
through the Divorce Master's ollice;
B. alternatively, that the court enlhrce the terms orthe Separation Agreement that were
negotiated on December 3, I <)98 between the parties and in good faith;
c. award the Plaintitl'his attorney Ices associated with the filing orthe within petition and
attempting to enforce this agreement;
D. order the suspension of spousal support immediately.
Respectlully submitted,
I .
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James J,'Kayer, ~squij
Liberty Lon / I ,~
4 Liberty A vellue
Carlisle,!PA d.dl3
(717) 243-7922
Date: r' :/ /.( '(
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VERIFICATION OF PLEADINGS
I huvc rcudthc ~tutelllent~ madc in thi~ documcnt 1lI1llto thc cxlcnt that it i~ ba~cd upon
informatiou which ha~ bccn givcn 10 mc il i~ truc und correct 10 thc bc~t of my knowlcdgc,
informution und belicf, I havc cxccutcd thi~ documcnt on bchalf of my clicnt who i~ currclllly
uuavailahlc to execute u vcrification, lunder~taud that falsc ~talement~ hcrcin arc mudc ~ubjcct
to thc pcnullic~ of 18 I'a, C.S, Scction 4904, rcluting to unswol'll fulsiflcation 10 uuthorilie~,
Dute: .'1//.11/11
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Jamqs J, Kay,' . Es luire
A7TnCy fVl'lav<tiff/l'CliliOncr
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Domeslie !lelotions OrJer
Fur Ihe ('nrlisle Tire & Wheel COIllpllny
Empluyees' 4011k) 1'1011
DAVID A. HEINBAUGH, SR.,
Plalntlrf,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVI L ACTION - LAW
1.
: 98-0405 CIVIL TERM
CATHY E. FRY (HEINBAUGH),
Defendant.
: IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
RELATING TO PLAINTIFF'S DEFINED CONTRIBUTION PLAN (401(k))
WITH CARLISLE TIRE & WHEEL COMPANY
AND NOW, this ::; day Of~002, it is hereby Ordered as follows:
This Order is intended to meet the requirements of a "qualified domestic relations order"
as defined in Section 414{p) of the internal Revenue Code of 1986 ("Code") and Section 206(d)
of ERISA.
2.
This Qualified Domestic Relations Order is made pursuant to the Marriage Settlement
Agreement dated March 3, 1999, relating to paragraph twelve (12) of said Marriage Settlement
Agreement involving the 401(k) plan of the participant, David A. Heinbaugh, Sr.
3.
The Court does hereby incorporate the Marriage Settlement Agreement, a eopy of whieh
is attached hereto as Exhibit "A", by reference as a part of this Order effective this date.
4.
The Carlisle Tire and Wheel 401(k) plan for Hourly Employees ("Plan") is a defined
contribution plan maintained by Carlisle Tire and Wheel.
5.
The Pnrticiplllll in the Plnn is Dnvid A, /-Icinbnugh, Sr. ("Pnrticipunt"), whose Inst known
nddress is 2127 Newville Rond, Cnrlisle, PA 17013, nnd whose Soeinl Security number is 174-
46-5891, The Pnrticipnnt's dnte of birth is November 17, 1955.
6.
The Alternnte Pnyee is Cnthy A, Fry (Heinbnugh) ("Altemnte Pnyee"), whose Inst known
nddress is 33 Old Mill Rond, Cnrlisle, PA 17013,nnd whose Socinl Security number is 189-50-
5941. The Alternnte Pnyee is the fanner Spouse of the Pnrticipnnt.
7,
The Plnn Administrator is Carlisle Tire nnd Wheel.
8,
The Participant and the Alternate Pnyee were married on September 21, 1974, in
Cumberland County, Pennsylvanin.
9.
The Court hereby assigns to the Alternnte Payee fifty percent (50%) of the Participant's
vested account balance under the Plan as determined as of the valuation date coincident with or
next following May 22, 1996. Such amount shall be credited with n pro rata share of the
earnings and losses credited to the Participant's account from that date until a separate account is
established for the Alternate Payee in accordance with Paragraph Three (3).
10,
As soon as practicable after this Order is determined to be qualified by the Plan
Administrator, such amounts shall be withdrawn from the investment funds in the Participant's
account on a pro rata basis and invested in such fashion in a separate account under the Plan
maintained for the benefit of the Alternate Payee. On and after the date such account is
established the Alternate Payee shall have the same ability to designate the investment of those
amounts as the Participant would otherwise have had with respect to those amounts. All amounts
assigned to the Alternate Payee will separately share in the gains and losses of the Plan in
accordance with the terms of the Plan beginning on the date the Alternate Payee's account is
established until the date of payment of such assigned amounts to the Alternate Payee.
, .
II.
Payment of the Alternate Payee's benefit shall be made liS soon liS administratively
prlletieaLle liner the Order is detennined to be qualified and aner the Plan Administrator receives
II pllyment request from the Alternate Pllyee. Such request shall be on a fonn provided by the
Pllln Administrator, Pllyment shllll be made in a single lump sum payment.
12,
The Alternate Pllyee may designate a benefieillry to receivc payment of the Altemate
Payee's remaining interest in the Plan, if any, upon the Alternate Payee's death, Any such
beneficiary designation shall be made without regllrd to any designation by the Participant of a
beneficiary with respect to the Participant's interest.
13.
The assignment of benefits to the Altemate Payce shall not be reduced, abated or
tenninated as a rcsult of thc death of thc Participant. Upon the Participant's death, thc Alternate
Payee will not be entitled to any survivor benefits attributable to the Participant's benefits under
the Plan unless the Participant designatcs the Alternate Payee as a bcneficiary in accordance with
the tenns of the Plan,
14,
The Participant, Alternate Payee and the Court intend this Order to be a qualified
domestic relations order within the meaning of Section 414(p) of the Code and Section 206(d) of
ERISA. Accordingly, this Order shall not rcquire the Plan to provide under any circumstances:
(i) any type or fonn of benefit, or any benefit option, not otherwisc provided under the Plan; (ii)
provide benefits in excess of the value of the Participant's account, detennined as of the
valuation date described in Paragraph 2 or as of the date the separate account is established for
the Alternate Payee pursuant to Paragraph 3; or (iii) benefits that are required to be paid to
another alternate payee under another order previously detennined to be a qUlllified domestic
relations order, This Order relates to the provision of marital property rights of a fonner spouse
of the Participant and is made pursuant to this State's domestic relations laws.
15.
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In the event this Order is found by the Plan Administrator of the Plan not to be a qualified
domestic relations order, the Court shall retain jurisdiction to modii)' the Order as necessary for
the Plan Administrator to accept the Order and pay benefits in accordance with its provisions.
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16,
The assignment made by this Order shall be perrnunent. On and aner the date of this
Order, the Participant shall have no further right or interest in the portion of the Participant's
account balance which is hereby assign cd to the Altemate Payee and the Alternate Payce shall
have no right or interest in the portion of the Participant's account balance that is not assigned to
the Alternate Payee pursuant to Paragraph two (2) above, Nothing in this Order shall restrict the
Participant's ability to obtain a distribution undcr the Plan or designate a bcncticiary under the
Plan, with respcct to the portion of the Participant's account balance not assigned to the Altematc
Payec.
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17.
The Alternate Payee shall be responsible for the payment of all taxes due on amounts
paid to the Alternate Payee. The Plan Administrator and trustee of the Plan are hereby authorized
to withhold tax as required under law and to report any such withholdings and taxable income to
the taxing authorities.
~
Respectfully submitted,
IRWIN, cKNIGHT & HUGHES
Dated: 2/27/02
'\
Lop\eS1f)~
03-05.()2l~3
to:
,.-pLff": \
B:~. Sc.'nwQRrL.
Dated:
ffh1
Mark D. Schwartz, Esquire
Attorney 1.0, # 70216
60 West Pomfret Street
Carlisle, P A 17013
(717) 249-2353
Attorney for Defendant
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Exhibit "AU
MARRIAGE SETTlEMENTAGREEMENT
THIS AGREEMENT made this -;,rd
day of Ma.'I'c::.k
, 1999, by and
between CATHY E. HEINBAUGH (hcreinaftcr rcferrcd to as "WIFE") and DAVID A.
HEINBAUGH, SR., Jr., (hercinafter referred to as "HUSBA1"iD").
WITNESSETH:
WHEREAS, HUSBA1'ID and WIFE were lawfully married on September 21,1974 and
separated on May 22, 1996; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between
. the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest
of their natural lives, and the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as betwcen each other, including, without
limitation by specification; the settling of all matters betwcen them relating to the oIVncrship and
equitable Clistribution of rea! and personal property; the settling of all claims and possible claims
by one against the other or against their respective estates and equitable distribution of property
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and alilrlo'f1y for each party,
The parties hereto agrce and covenant as follows:
1.
The parties intend to maintain separate IUld pemwnent domiciles and to live apart from
each other, It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other,
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party, It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3,
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
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4,
The consideration for this contrnctund agrccmcnt is the mutual bcnefitto bc obtained by
both of thc partics hcrcto and the covcnants and agrccmcnts of caeh of the partics to lhe othcr.
The adequacy of the consideration for all agreements hercin contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agrcement acknowledges and dec lares that he or she,
respectively:
(1) is represented by counsel of his or her own choosing; or if not represented by
counsel, understands that he or she has the right to counsel;
(2) is fully and completely infonned of the facts relating to the subject matter of this
Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counselor
with the knowledge that advice of counsel can be made available;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to the
subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
5.
It is the purpose wld intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
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qualify as marital propcI1y under the Pennsylvania Divorce Code, Tille 23, Section 3301 (el, and
that is referred to in this Agreement as "Marital Pl'opel1y", as betwcen themselves, their heirs and
assigns, The parties have attempted to divide their Marital Property in a manner that confomls to
a just and fair standard, with due regard to the rights of each Party, The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
G.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she has made a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideratioa of Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage,
7.
REAL ESTATE; HUSBA."fD and WIFE hereby agree that the real property known and
numbered as 335 Old Mi1l Road, Carlisle, Cumberland County, Pennsylvania is under an Action
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in Mortgage Foreclosure by York Federal S;lI'ings and Loan Assodation, HUSBASD and WIFE
further agree that neither party is financially uble to savc the property from foreclosure
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proccedings. Therefore, it is mutually understood by both HUSBASD and \VIFE that the
marital propcrty cannot be preserved and ncither shall obtain any part of the property. However,
if eithcr party decidcs to liIe bankruptcy in the future, that party will advise the other of their
intention to filc bankruptcy.
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SUPPORT: It is hereby agreed that HUSBAND shall pay alimony in the amount ofOlle
Hundred and no/IOO (5100.00) Dollars per week for one year beginning the first month after
HUSBAND's loan against his 40lK is paid in full. This amount is non-modifiable. WIFE will
not provide any fmancial support to the HUSBA.."'D, and HUSBAND waives all right to any
support following a decree in divorce.
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9,
PERSONAL PROPERTY: The parties agree that the personal property has been
divided between the parties to their mutual satisfaction,
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSB.A.1"ID likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall OlIn, have and enjoy independently
of any claim or right of the other party, all itcms of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBfu"ID or WIFE with full power to the HUSBAND or the \\1FE to dispose of
same as fully and effectually, in all respects and for all purposes as ifhe or she were unmarried,
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Each party agrees thallleithcr will incur obligations, liens or Ii'Jbilitics on account of the
other and that from the d.ne of Ihis Agreement, neither Jlurty shall contruct or incur obligations,
liens or nny liability whatsoel'er on account of the other.
10.
AUTOMOBILES: HUSBAND hereby waives all right, title and interest in any vehicle
that WIFE O\\11S or may O\\TI in the future; WIFE hereby waives all right, title and interest in any
vehicle the HUSBAND owns or may own in the future. Both parties shall be responsible for all
payments associated with tile purchase oftl1eir vehicles, as well as all insurance on said vehicles.
II.
MARITAL DEBTS: It is mutually agreed by and between the parties that WIFE shaIl
assume all liability for and pay and indemnify the HUSBA~l) against all debts incurred by
WIFE after the dute of separation. WIFE represents and warrants to HUSBAND that since the
parties' marital separation she has 1I0t contracted or incurred any debt or liability for which
HUSBAND or his estate might be responsible and WIFE further represents and warrants to
HUSBAl'/l) that she will not contract or incur any debt or liability after the execution of this
Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and
save HVSBAt\j1) harmless from any and all claims or demands made against him by reason of
debts or obligations incurred by her.
HUSBAND shaH assume all liability for and pay and indemnify the \-\lIFE against all
debts incurred by HUSB.o\i.'ID after the date of separation. HUSBA,'ID represents and warrants
to WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or her estate might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur any dcbt or liability after the execution of
this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify
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and Sa'IC WIFE hUmll\)ss from uny and nil claims or dcmands mod\) against hcr by reason of
debts or obligations incurred by him,
12,
I!';SUR,.\NCF. ^~n Ei\IPLOYEE BE!,;EFITS: The partics agree that WIFE shall
receive one-half of the date of scparation marital value plus interest of HUSBAND's 401K
account through his employer (Carlisle Tire and Wheel); both parties will cooperate in securing a
Qualified Domestic Relations Order to transfer one-half of the marital value as of the date of
separation of this account into WIFE's name individually. Additionally, the parties agree that
WIFE shall receive one-half of HUSBAL'ID's pension through his employer (Carlisle Tire and
\Vheel); both parties will cooperate in securing a Qualified Domestic Relations Order to secure
WIFE's one-half interest in said pension. All other employee benefits of either party, shall be
their own.
13.
BENEFITS A~D BANK ACCOUNTS: \\1FE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND, and HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE,
14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party ,vho fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
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15,
BREACH: If either parly breaches any provisions of' this Agreement, the other party
shall have th.: right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
16.
ADDITIONAL INSTRmIENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
17.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have either been fully explained to the parties by tlleir respective counsel, or have been fully
reviewed and understood if not represented by counsel, and each party acknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of any duress or undue influence. The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties, The parties further agree that the
tenns of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them. It is the parties' intcnt that this Agreement docs not merge with the Divorce
Decree, but rather shall continue to have independent contractual significance. Each party
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maintains his or her contractual remcdies as well as court ordered remedies as the result of the
aforesaid incorporation or as otherwise provided by law or statute. Thosc remedies shall include,
but not be limited to, damages resulting from breach of this Agreement, specific enforcement of
this Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Codc or other similar statutes now in effect and as amended or
hereafter enacted.
18.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
19.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonweahh of Pennsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PA Y1\IENT OF COSTS: Each party shall be responsible for their own attomeys fees
incurred in the settlement of the divorce and economic issues surrounding this divorce.
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22,
WAIVER OF CLAIMS AG:\I:'oIST ESTATES: Except as herein otherwise pro\'ided,
each party may dispose of his or her propcrty in any way, and cach party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims,
IN WITi'iESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
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CERTIFICATE OF SERVICE
r the undersigned hereby certi(y that on this 271H day of R:6--.JAil---I
, 2002,
a copy of the Qualified Domestic Relations Order was served by first-class, postage prepaid
United States mail in Carlisle, Pennsylvania upon the following:
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Mark D. chwartz, Esquire
David A. Heinbaugh
2127 Newville Road
Carlisle, P A 17013
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Domeslie Ilelations Order
Fllr the ('nrlisle Tire & Wheel Company
Employees' Pension Illnn
IN THE MA TIER OF THE
MARRIAGE OF
IN TUE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DAVID A. UEINBAUGH,
Plaintiff,
No. 98 - 405 Civil
AND
CATHY E. FRY (HEINBAUGH),
Defendant.
IN DIVORCE
3,
The parties were married on
SEPTEMBER 21.1974
and separated
QUALIFIED DOMESTIC RELATIONS ORDER
RELATING TO PLAINTIFF'S DEFINED BENEFIT PENSION
PLAN WITH CARLISLE TIRE & WHEEL COMPANY
AND NOW, this ~ay of Mc~02, it is hereby Ordered as follows:
I. Identifying Information
I.
The Participant is
DAVID A. HEINBAUGH
The Participant's social security number is 174-46-5891
The Participant's address is 2127 Newville Road. Carlisle. PAl 7013
2.
The Alternate Payee is
CATHY A. FRY (HEINBAUGH)
The Alternate Payee's social security number is
189-50-5941
The Alternate Payee's address is 33 Old Mill Road. Carlisle. PAl 7013.
The Alternate Payee's date of birth is SEPTEMBER 15. 1957
on MAY 22. 1996
4, The parties have raised claims of equitable distribution of marital property
pursuant to the Pennsylvania Divorce Code. Pursuant to a Marriage Settlement
Agreement dated March 3, 1999, the parties have agreed to the following division
1
of the Participant's Carlisle Tire & Wheel Company Employees' Pension Plan. A
copy of said Marringe Setllement Agreement is ntlnched heretllns Exhibit "A", by
reference ns pnrt of this Order effective this date,
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II.
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Method of Dividing Participant's Pension:
Note: To divide tire Participant's pension for tire Alternate Payee, YOII nlllst select eitlrer
a Separate Interest or a Slrared Interest Pension.
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A, SEPARATE INTEREST
A Separate Interest Pension is paid over tire Altemate Payees anticipated life expectancy
on an aClllarial equivalent basis, The amount of the benefit is IlllaJfected by the death of
the Participant or by the timing of the Participants death, aji'!r the participants earliest
retirement age.
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I. The Alternate Payee shall be entitled to a portion of the Participant's vested
accrued benefits under the Plan.
SELECT ONE OF THE TWO CHOICES BELOW:
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a.
Such portion shall equal 50% percent of the Participant's vested
accrued benefit as of the date of distribution,
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or
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b.
The benefits payable to the Alternate Payee shall be determined by
multiplying {one-Iralf] of the Participant's vested accrued benefit on {tire
date of tIre parties' separation or divorce,} by a fraction, the numerator of
which is {tire nllmber of montlrs from tire later of tire date tire Participant
commenced participation in tire Plan or tire date of tire parties'
marriage, to tire date of tire parties' separation or divorce} and the
denominator of which is [the nllmber of I/Iontlrs tire Participant was a
Participant in tire Plan IIntil tire date of tire parties' separation or
divorce).
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Note: Tire Plan determines tire Participant's benefit accruals on an annllal basis and
cannot determine tire total accrlled benefit as of any date otlrer tlran tire last day of tire
year.
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Note: Tile actuarial value of till! beuejit camlot exceed tire ParticiPQllt's total benejits.
2. The benefit shall be paid by the Plan in the fonn of a single life annuity over the
life expectancy of the Alternate Payee determined on an aetuarial basis, This fonn
of benefit includes a three-year eertain feature. I f the Alternate Payee should die
prior to receiving 36 months of benefits, the Plan shall pay benefits for the number
of months remaining in the three-year period to a beneficiary selected by the
Alternate Payee on a benefieiary fonn provided by the Fund office on request, or
if no beneficiary is selected, to the surviving spouse, or if none, to the Alternate
Payee's estate,
3. The PlllI1 may commence payment to the Alternate Payee at the Participlll1t's
eurlicst retirement age. For purposes of this Order, the Participant's eurliest
retirement age is the earlier of (i) the date on which the Participant is entitled to a
distribution under the Plan or (ii) the later of (a) the date the Participant attains age
50 or (b) the earliest datc on which the Participant could begin receiving benefits
under the PlllI1 if the Participant separated from service, regardless of whether the
Participant has actually retired.
Note: Generally, tire Participant's earliest retirement age is 65. If tire Participant Iras at
least 20 years of service, it is age 65.
Note: Payment will be reduced if payment commences before tile Participant attaius, or
would Irave attained, age 65.
Note: Under a separate interest DRO, tI,e Altemate Payee lIIay commence benejit
payments before tire Participant Iras retirelL
TREATMENT AS SURVIVING SPOUSE
If tire Participant dies before Ire attains tire earliest retirement age. tire Altemate Payee
will not receive any benefits unless sire is treated as the surviving spouse for plllposes of
the qualified pre-retirement survivor annuity. The qualified pre-retirement survil'or
annuity equals halfafthe Participam's vested accmed benefit. If the benefit is paid prior
to the date the Pal.ticipant would have attained age 65, it is reduced for ear{l'
commencement. The benefit is calculated with reference to the Altemate Payees life
expectancy,
If the Participant dies ajier he attains the earliest retirement age, the benefits of the
Altemate Payee will not be aiJected.
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PLEASE SELECT ONE OF TilE OPTIONS IJELOW:
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4a.
o
4b,
The Alternate Payee shall be trented as the Partieipant's surviving spouse
for purposes of the qualified pnl-retirement survivor annuity if this benefit
is offered under the Partieipaat's pension plan,
The Alternate Payee shall be treated as the Participant's surviving spouse
for purposes of the qualified pre-retirement survivor annuity but only in
the same percentage as the pereentage of the amount of the Participant's
total benefits awarded to her.
Note: Under option 4b, if the Altemate Payee were awarded 50% of the Participant's
accrued benefit, tire Altemate Payee wOllld be treated as tire Participant's slIrviv;,rg
spollse wit" re.~pect to only 50% of tire qllalified pre-retirement slIrvivor a1l11l1ity
payable IInder tire Plan.
o
4c.
o
4d,
The Alternate Payee shall be treated as the Participant's surviving spouse
for purposes of the qualified pre-retirement survivor annuity to the extent
of the dollar amount of the Partieipant's benefits awarded to her. I f the
dollar amount awarded to her exceeds the amount of the qualified
pre-retirement survivor annuity, she will be treated as the sole surviving
spouse and receive the entire qualified pre-retirement survivor annuity.
The Alternate Payee shall not be treated as the Partieipant's surviving
spouse for purposes of the qualified pre-retirement survivor annuity.
5. Optional Provision.
If you have selected a dol/ar amollllt or a percentage ill Sectioll 4b alld 4c abolle.
YOll1llay, but are 1I0t required to electthefol/owillg provision:
o If, at the time of the Partieipant's death, the Partieipant is not married, the
Alternate Payee shall be treated as the Participant's only surviving spouse for
purposes of the qualified pre-retirement survivor annuity,
8. SHARED INTEREST
A shared illterest pellsioll is paid oller the Participallts allticipated life expectallcy.
4
Note: rile Participullt will be reqllirell to elect eitller u 50percel/t or a JOO
percelltjoillt ulIIl.mrvil'or allllllity ifYOIlelect optiol/ 4b or 4c.
o
a,
o
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The Alternate Payee shall not be treated as the Participant's surviving
spouse under the Plan, I I' the Participant dies prior to the Earliest
Retirement Age, the Alternate Payee will not receive any benefits under
the Plan. If the Participant dies after the Earliest Retirement Age and
benefits had commenced, the Alternate Payee shall cease receiving
benefits under the Plan. Il'the Participant dies atter the Earliest Retirement
Age, and if the Participant was married to a person other than the Alternate
Payee on the date with respect to which benefits commenced, the survivor
benefit if any, shall be paid to the person to whom the Participant was
married at such time.
or
b.
The Alternate Payee shall be treated as the Participant's surviving spouse
under the Plan. In the event the Participant dies prior to the Earliest
Retirement Age, the survivor benefit shall be paid to the Alternate Payee,
In the event the Participant dies after benefits have commenced, the
survivor benefit shall be paid to the Alternate Payee. If the Participant has
remarried, his current spouse will not be entitled to any benefits from the
Plan. The Participant shall elect a [50%1 [100%1 joint and survivor
annuity with the Alternate Payee, The survivor benefit is calculated with
reference to the anticipated life expectancy of the Alternate Payee.
or
e.
The Alternate Payee shall be treated as the Participant's surviving spouse
under the Plan with respect to a portion of the qualified pre-retirement
survivor annuity and the qualified joint and survivor annuity, equal to_
of the total survivor benefit. {II/sert tile percel/tage of tile
total sllrvivor bel/efits to whicll tile Alternate Payee is el/titled.} The
balance shall be paid to the Participant's surviving spouse, or, if he is not
married at the time of death, the balance shall be paid to the Alternate
Payee. The Participant shall elect a (50%] [100%] joint and survivor
annuity with the Alternate Payee, The survivor benefit is calculated with
reference to the anticipated life expectancy of the Alternate Payee,
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EXHIBIT "A"
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1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be tinal and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
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4.
The consideration for this contract and agreement is the mutual benetit to be obtained by
both of the parties hcrcto and the covcnants and agreements of cach of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she,
respectively:
(1) is represented by counsel of his or her own choosing; or if not represented by
counsel, understands that he or she has the right to counsel;
(2) is fully and completely informed of the facts relating to the subject matter of this
Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counselor
with the knowledge that advicc of counsel can be made available;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to the
subject matter and legal effect.
This Agreement shall becomc effective immediately as of the date of execution.
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
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qualify as marital property under the Pennsylvania Divorce Code, Title 23, Scction 3301 (c), and
that is rcfcrrcd to in this Agrcemcnt as "Marital Propcrty", as betwccn themselvcs, their heirs and
assigns. Thc partics have attcmptcd to divide their Marital Property in a manncr that conforms to
a just and fair standard, with due rcgard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she has made a full and fair disclosure of all dcbts and
obligations of any nature for which he or she is currently liable or may become liablc. Each
further represents and warrants that he or she has not made any gifts or transfcrs for inadequate
consideration of Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
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REAL EST ATE: HUSBAND and WIFE hereby agree that the real property known and
numbered as 335 Old Mill Road, Carlisle, Cumberland County, Pcnnsylvania is under an Action
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in Mortgage Forcclosure by York Fcderal Savings lInd Loan Associntion. HUSBAND and WIFE
further agrce thnt Ilcither pnrt>, is financially able to save thc property from forcclosure
procccdings. Thcrcforc, it is mutually understood by both HUSBAND and WIFE that thc
marital property cannot be prcscrvcd and ncithcr shall obtain any part of the propcrty. Howcvcr,
if eithcr party dccidcs to filc bankruptcy in thc futurc, that party will advisc thc othcr of thcir
intention to file bankruptcy.
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SUPPORT: It is hereby agrecd that HUSBAND shall pay alimony in the amount of One
Hundred and no/lOO ($100.00) Dollars pcr week for one year beginning the first month after
HUSBAND's loan against his 401K is paid in full. This amount is non-modifiable. WIFE will
not provide any fmancial support to the HUSBAND, and HUSBAND waives all right to any
support following a decree in divorce.
9.
PERSONAL PROPERTY: The partics agree that the personal property has been
divided between the parties to their mutual satisfaction.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall DIm, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of
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same as fully and effectually, in all respects and for all purposes as ifhe or she were unmarricd.
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Each party agrces that neither will incur obligations, Iicns or liabilitics on account of the
othcr and that from thc date of this Agreemcnt, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
10.
AUTOMOBILES: HUSBAND hercby waivcs all right, title and interest in any vehiclc
that WIFE owns or may own in the future; WIFE hcreby waives all right, title and intcrcst in any
vchicle the HUSBAND owns or may own in the future. Both parties shall be responsible for all
payments associated with the purchase of their vehicles, as well as all insurance on said vehicles.
11.
MARITAL DEBTS: It is mutually agreed by and between the parties that WIFE shall
assume all liability for and pay and indemnifY the HUSBAND against all debts incurred by
WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the
parties' marital scparation she has not contracted or incurred any debt or liability for which
HUSBAND or his estatc might be responsible and WIFE further represents and warrants to
HUSBAND that she will not contract or incur any debt or liability after the execution of this
Agreement, for which HUSBAND or his cstate might be responsible. WIFE shall indemnifY and
save HUSBAND harmless from any and all claims or demands made against him by reason of
debts or obligations incurred by her.
HUSBAND shall assume all liability for and pay and indemnifY the WIFE against all
debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants
to WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or her estate might be responsible and HUSBAND further rcprcscnts
and warrants to WIFE that hc will not contract or incur any debt or liability after the execution of
this Agreement, for which WIFE or hcr estate might bc rcsponsible. HUSBAND shall indemnifY
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and save WIFE harmless from any and all claims or demands made against her by reason of
debts or obligations incurrcd by him.
12.
INSURANCE AND EMPLOYEE BENEFITS: The partics agree that WIFE shall
receive one-half of the date of separation marital valuc plus interest of HUSBAND's 40lK
account through his employer (Carlisle Tire and Wheel); both parties will coop crate in securing a
Qualified Domestic Relations Order to transfer one-half of the marital value as of the date of
separation of this account into WIFE's name individually. Additionally, the parties agree that
WIFE shall receivc one-half of HUSBAND's pension through his employer (Carlisle Tire and
Wheel); both parties will cooperate in securing a Qualitied Domestic Relations Order to secure
WIFE's one-half interest in said pension. All other employee benefits of either party, shall be
their own.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND, and HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a fmal
divorce of the marriage. It is agreed that the parties will cxccute and file the consents nccessary
to obtain the divorcc. Any party who fails to cooperatc with obtaining the Divorce shall pay all
the costs and legal fces of the party who is seeking the divorce.
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15.
nREACH: If either party brcaches any provisions of this Agrcemcnt, the othcr party
shall have the right, at his or hcr election, to sue for damagcs for such brcach or seck such other
rcmcdies or relief as may be available to him or hcr, and the party breaching this contract should
be responsible for payment of legal fces and costs incurred by the other in enforcing their rights
undcr this Agrcement.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agrcement.
17.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have either been fully explaincd to the parties by their respective counscl, or have becn fully
reviewed and understood if not represcnted by counsel, and cach party acknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of any duress or undue influence. The parties agree that unless otherwise specifically
provided herein, this Agrcement shall continue in full force and effect after such time as a fmal
Decree in Divorce may be entered with respect to the parties. The parties further agree that the
tcrms of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them. It is the parties' intent that this Agreemcnt does not merge with the Divorce
Decree, but rather shall continue to have indcpcndent contractual significance. Each party
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maintains his or her contrnctual rcmcdies as wcll as court ordcred rcmedics as the rcsult of thc
uforcsaid incorporation or as otherwise provided by law or statutc. Thosc rcmcdics shall include,
but not be limited to, damagcs resulting from brcach of this Agrccment, specific enforcement of
this Agreemcnt and rcmcdies pcrtaining to failure to comply with an order of court or agrcemcnt
pcrtaining to cquitablc distribution, alimony, alimony pcndcnte lite, counscl fees and costs as sct
forth in the Pennsylvania Divorce Code or other similar statutcs now in effcct and as amend cd or
hereafter cnactcd.
18.
ENTIRE AGREEMENT: This Agreemcnt contains the entire understanding of the
parties and there are no rcpresentations, warrantics, covenants or undcrtakings other than those
expressly set forth herein.
19.
APPLICABLE LAW: This Agrcemcnt shall be construed under the Laws of the
Commonwcalth of Pennsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PA YI\1ENT OF COSTS: Each party shall be rcsponsible for their own attorneys fecs
incurred in thc settlement of the divorce and economic issues surrounding this divorce.
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COi\ll\IONWEALTII OF PEN:-oISYLVANIA
COUNTYOF (vYV\,b-e>0Il.......-L-
SS:
PERSONALLY APPEARED BEFORE ME, this _3 .uiday Of~~
1999 a Notary Public, in and for thc C,'mmonwealth of Pcnnsylvania and County of
Cumbcrland, CATHY E. HEINBAUGH, known to me (or satisfactorily proven) to be the
pcrson whose name is subscribed to the within Marriage Settlcmcnt Agreement, and
acknowledges that she executed the same for the purposcs therein contained.
IN WITNESS WHEREOF, I have hercunto set my hand and official scal.
Nolarial Seal
Martha L. Noel, Nolary Public
Carlisle 80ro. CumbeMahd County
My Commission Expires Sept. 1 S, 1999
""emner, Pennsylvama AssociatIOn ul Notaries
Y1l~~
COMMONWEALTH OF PENNSYL V A.l\jIA
ss:
COUNTY OF CUMBERLAl'.;n
PERSONALLY APPEARED BEFORE ME, this ::5 day of 0/7 [i.//t.L
1999, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, DAVID A. HEINBAUGH, SR., known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Marriage Settlement Agreement , and
acknowledges that hc executed the same for the purposes therein contained.
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CERTIFICATE OF SERVICE
r, thc undersigned hercby ccrtify that on this Zl7f:f day of k:.E!>ll.o.l M.. 'f ,2002,
a copy of the Qualificd Domestic Relations Ordcr was served by first-class, postage prepaid
Unitcd States mail in Carlislc, Pennsylvania upon the following:
David A. Heinbaugh
2127 Newville Road
Carlisle, PA 17013
IRWIN, McKNIGHT & HUGHES
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4. Thc partics havc raiscd claims of equitahle distribution of 11111rital propcrty
pursuant to thc Pennsylvania Divorce Codc. Pursuant to a Mnrriage Settlcl11cnt
Agrccmcnt datcd March 3, 1999, thc partics have ugrecd to the lhllowing division
of the Participant's Rctircmcnt Plan fi.Jr Hourly Paid Employecs of Carli sic Tirc &
Wheel Company. a subsidiary of Carli sic Corporation (the "Plan"). A copy of said
Marriagc Scttlcmcnt Agrccmcnt is attachcd hercto as Exhibit "A", by refcrcncc as
part of this Ordcr efTcctivc this datc.
II. Mcthod of Dividing Participant's Pcnslon:
I. This Order creates and rccognizcs thc cxistcncc of Alternatc Payee's right to
rcccivc all or a portion of thc Participant's bcncfits payablc undcr an cmploycr
sponsored defincd bcncfit plan which is intcndcd to be qualificd undcr Intcrnal
Rcvcnuc Codc of 1986 ("Codc") 4ol(a).
2. This Ordcr assigns to thc Altcrnatc Paycc an amount sullicient to providc on a
prescnt valuc an immcdiatc monthly singlc-Iifc bcncfit cqual to fifty (50%)
perccnt of the Participant's monthly accrucd bcncfit as of May 22, 1996 or thc
valuation datc ncxt following said date. Thc prcsent valuc of this award will bc
calculatcd bascd on thc dcfinition of actuarial cqaivalcnce in thc Plan. Thc
bcnefitto the Altcrnate Payce will begin on said datc or some othcr datc selcctcd
by thc Altcrnate Paycc that is in accordancc with applicable Plan provisions. I I'
thcrc should bc a Icgal causc by which thc Participant's bcncfits undcr the Plan
may bc offsct by the amount of a judgmcnt or sclllcmcnt that thc Participant is
rcquired to pay as a rcsult of a crimc involving the Plaa, ncvcrthcless, the award
in this Ordcr to thc Altcrnatc Payce shall bc bascd on thc Participant's benctits
beforc any such offsct. Notwithstanding the languagc sct forth above, in thc cvcnt
that thc Altcrnate Paycc bccomcs cntitlcd to a qualificd prcrctircmcnt survivor
annuity undcr Scction 2, Paragraph 7 of this Ordcr, thcn the Alternate Payce's
right to a sharc of the Participant's benefits as callcd lor undcr this Paragraph
shall be terminatcd as of thc date of thc Participant's dcath, and such
prcrctircment dcath bcnclit shall bc payablc to thc Altematc Payec in Iicu of any
othcr bcncfits to which shc may bc cntitlcd undcr the tcrms of this Ordcr.
3. Thc Alternate Payce may clect to commence her benefits under the Plan at any
timc on or aftcr the date thc Participant attains thc earlicst retiremcnt age as
defincd by Codc 414(p)(4)(B). Notwithstanding the abovc. the Alternate Payee
shall commcnce hcr sharc of the bcncfits no latcr than thc Participant's actual datc
of benctit commenccment. The Plan Administrator is instructcd to provide any
rcquircd notice and clcction forms in a timely manncr to thc Alternate Payee
bclorc such datc ofbcncfit commcnccmcnt.
4. Thc Altcrnatc Paycc shall be entitlcd to receivc hcr bcncfits in any form available
under the tcrms and provisions of the Plan other than a qualificd joint and
survivor annuity with hcr spousc as the survivor annuitant. Thc Alternatc Payce
shall cxccute uny forms requircd by thc Plan Administrator.
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5. The filnllS of bencfits paid 10 the Alternate Payee shall be based on the Iile
cxpcctancy of thc Alternatc Paycc. Any lIctuarial reduction Ihal might bc
nccessary to convert Altenlllte Payec's bencfit 10 one based on the Alternate
Payec's lifetime shall bc born by the Alternatc PlIyee.
6. Further, should any early commeneemcnt reduction be neccssary in thc cvcntthat
thc Altcrnatc Paycc commences hcr bencfits prior to thc Participant's Nonnal
Rctircmcnt Datc, then such rcduction shall bc applied to Altcrnatc Payec's
bcnelits.
7. In thc cvent thc Participant prcdeccascs thc Alternatc Payee, and ncithcr thc
Participant nor thc Altcrnatc Paycc has commcnccd their benclits undcr the Plan,
the Altcrnatc Paycc shall bc designatcd as thc surviving spousc of thc Participant
for thc purposcs of establishing thc Alternatc Paycc's cntitlcment to reccive a
prcretircmcnt survivor annuity. In the cvcnt that thc costs associated with
providing this prcrctircment survivor annuity bcnelits arc not fully subsidized by
thc Participant's cmployer, thc Participant mustlllakc an affjrmativc elcction for
such prerctircmcnt survivor annuity bencfit covcragc in a timcly manner and in
accordancc with the Plan's elcction proccdurcs.
8. If the Altcmatc Paycc prcdcceascs tbc Participant prior to the commcncemcnt of
hcr benefits, the Altcmatc Payce's portion of Participant's bcnefits, as stipulatcd
hcrcin, shall bccomc payable to the Altcrnatc Payce's dcsignated bencficiary (or
cstatc). but only to thc cxtcnt permittcd undcr thc tcrms of thc Plan. Should the
Altcrnate Paycc prcdcceasc thc Participant aner hcr bcnefit commcncemcnt datc,
thcn such rcmaining bcnefits, i I' any, will bc paid in accordance with the form of
bcncfit elcctcd by such Altcrnatc Paycc.
9. On and after the datc of this Ordcr is dccmcd to be a QDRO, but bcfore thc
Altemate Payee rcccives her distribution undcr thc Plan, the Altcrnatc Paycc shall
be entitled to all of the rights and elcction privilcgcs that arc affordcd to active
participants.
10. All payments madc pursuant to this Order shall be conditioned on the certification
by the Altcmatc Payce and the Participant to the Plan Administrator of such
information as the Plan Administrator may rcasonably requirc from such parties,
including thc information thc Plan Administrator rcquires to make the necessary
calculation of the bencfit amounts containcd hercin.
11. In the cvcntthatthc Plan inadvcrtently pays to thc Participant any benefits that are
assigncd to thc Altcrnatc Paycc pursuant to the tcrms of this Order, the Participant
shall immcdiatcly rcimbursc the Altcrnate Payec to the extent that hc has received
sucb benefit paymcnts and shall forthwith pay such amount so reccived directly to
thc Altcnmtc Paycc within tcn (10) days of rcccipt. In thc cvcnl thai the Plan
inadvcrtently pays to the AltcrnHtc Paycc any bencfits that are assigned to the
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PlIrtieipllnt pursuunt to the terms of this Order. the ^ltcrnlllc Puycc shllll
irnmedilltcly rcirnhurse the P1ll1icipllnt to the e.~tenl thut shc hus reccived such
henelit puyments lInd shllll fill'lhwith PIlY such umount so rcccivcd dircctly to thc
Pnrticipllnt withintcn (10) dllYs ofrcccipt.
12. The Purticipllnt shllll not tllke IIny uetion, umnnativc or othcrwisc. Ihal cun
cireumvcnt the terms and provisions of this QDRO, or thut could diminish or
cxtinguish the rights IInd cntitlcments of thc ^ltcrnatc Puycc us set tilrth hcrcin.
Should the I'lIrticipant take any action or inaction 10 the detrimcnt ofthc ^ltcrnate
Puyee, hc shall bc rcquired to makc sumcicnt payments dircctly to the AltcmUlc
Puyee to the e.xtcntncccssary to ncutrulize the cffects of his lIctions and inactions
and to the c.xtcnt ofthc ^ltemate I'uyee's filII entitlcmcnts hcreundcr.
13. In the evcntthut thc Participant's bcnefits, or any portion lhcrcof; become payable
to the Participant as a rcsult of tennination or partial tcrmination, then thc
Altcmatc Puycc shall bc cntitlcd to commence hcr benefits immcdiatcly in
accordance with thc terms of this QDRO and in accordancc with thc tcrmination
proccdures of the Plan and the Pension Bcnefit Guaranty Corporation ("PBGC").
14. After payment of thc amount rcquircd by this QDRO, thc Alternatc Payee shall
have no furthcr claim againstthc Participant's intcrcst in thc Plan.
15. This QDRO docs not rcquirc thc Plan 10 providc any type or form of bencfit the
Plan does not otherwise providc.
16. This QDRO does not rcquire thc Plan to providc incrcased bencfits determined on
thc basis of actuarial valuc.
17.
This QDRO docs not require the Plan to pay any bcnefits which another ordcr
previously dctermincd to bc a qualificd domcstic relations ordcr requires thc Plan
to pay to another alternate payce.
18.
The Plan Administrator promptly shall notify thc Participant and thc Altcmatc
Payec of thc reccipt of this QDRO and shall notify the Participant and the
Altcrnate Paycc of the Plan's procedures for determining the qualificd status of
this QDRO. Thc Plan Administrator shall determine the qualificd status of the
QDRO and shall notify the Participant and the Altcmate Payce of thc
determination within a rcasonable period oftimc after reccipt of this QDRO.
III. Other Provisions
I.
It is recognizcd that the parties may nced to provide certain information to the
Plan Administrator. If the Plan Administralor or the Alternate Paycc so rcquests,
the Participant will coopcratc with the Altcrnatc Payec in substantiating a claim or
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application to the Fund and shall providc any documentation or information
rcusonably ncccssary to cstablish cligibility lor benelits.
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2.
This Ordcr is intcnded to constitute a Qualificd Domcstic Rclutions Order within
thc meaning of scction 414(1') of thc Intcrnul Rcvcnuc Codc of 1986, as amcndcd
and section 206(d) of the Employcc Rctircmcnt Incomc Sccurity Act of 1974, as
amcndcd, lInd shnll bc interprctcd in a manncr consistcnt with such intention. Thc
Court cntcrs this QDRO pursuant to its authority undcr 23 P.C.S.A. 93502.
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3. Furthcr, this Ordcr shall apply to any successor plan to thc Plan or any other
plan(s) to which Iiubility Ibr provision of the Participant's bcnclits dcscribcd
below is ineurrcd. Any bencfits accrucd by thc Purticipant under a prcdcccssor
plun of the cmployer or any other defincd bcnclit plan sponsorcd by thc
Participant's cmploycr, whcrcby liability or bcnclits accrucd undcr such
prcdcccssor plan or othcr dclincd bencfit plan has becn transferrcd to the Plan,
shall also bc subjcct to thc terms of this Ordcr. Any changes in Plan
Administrator, Plan sponsor, or namc of thc Plan shall not aflcct Altcrnatc
Paycc's rights as stipulatcd undcr this Ordcr.
4. The Court shall rctain jurisdiction to amcnd this Ordcr to the cxtcnt neccssary to
cstablish or maintain its status as a qualilicd domcstic relations order.
Rcspcctfully submittcd,
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Datc 5/J-qftB
IRWIN, McKNIGHT & HUGHES
Douglas . Mlllcr, squire
Attorney .0. # 83776
60 Wcst Pomfret Street
Carlisle, P A 17013
(717) 249-2353
Attorney for Defendant
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I.
The parties intend to maintain scparate and penllanent domiciles and to live apart from
cach other. It is the intent and purpose of this Agreement to sct forth the rcspective rights and
duties of the partics while thcy continue to live apart from cach othcr.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall bc final and shall forever detcrmine their rcspective rights.
The division of existing marital property is not intcnded by the parties to constitute in any way a
sale or exchange of asscts.
3. .
Furthcr, the partics agree to continue living scparately and apart from the other at any
place or places that he or she may select as they have heretofore becn doing. Neither party shall
molest, harass, annoy, injure, threatcn or interfcre with the other party in any mattcr whatsoever.
Each party may c'l11'Y on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hercafter acquired by the othcr.
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4.
Thc consideration for this contract and agrccmcnt is thc mutual bencfit to be obtained by
both of thc partics hercto and thc covenants and agrccmcnts of cach of the partics to thc othcr.
Thc adequacy of thc considcration for all agreemcnts hcrein containcd is stipulatcd. confcsscd,
and admitted by the partics, and the partics intcnd to bc legally bound hcrcby.
Each party to the Agreement acknowledges and dcclarcs that hc or she,
respectively:
(I) is represcnted by counsel of his or her own choosing; or if not rcpresented by
counscl, understands that hc or she has the right to counscl;
(2) is fully and completely informed of the facts relating to the subject matter of this
Agrecment and of the rights and liabilities of the parties;
(3) enters into this Agreemcnt voluntarily after receiving the advice of counselor
with the knowledge that advice of counsel can be made availablc;
(4) has given careful and mature thought to thc making of this Agrecmcnt;
(5) has carefully rcad each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to the
subject matter and legal cffect.
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This Agreement shall bccome effective immediately as of the date of execution.
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5.
It is the purpose and intent of this Agrecmcnt to sCllle forevcr and complctcly the intcrcst
and obligations of the parties in all property that thcy own scparately, and all propcrty that would
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qualify as marital property under the Pennsylvania Divorce Codc, Titlc 23, Scction 3301 (c), and
that is rcfcrrcd to in this Agrccmcnt as "Maritul Propcrty", as betwcen thcmsclvcs, thcir heirs and
assigns. The partics have attcmptcd to divide their Marital Propcrty in a nlanncr that conforms to
a just and fair standard, with duc rcgard to the rights of cach Party. The division of existing
Marital Propcrty is not intended by the partics to constitute in any way a salc or cxchange of
assets, and thc division is bcing cffectcd without thc introduction of outside funds or othcr
property not constituting a part ofthc marital cstate.
It is the further purpose of this Agreement to scttle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any propcrty is subjcct. Each
party further represents that he or she has made.a full and fair disclosure of all debts and
obligations of any nature for which hc or she is currently liablc or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent ofthei other.
Each Party acknowledges that, to thc extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
7.
REAL EST ATE: HUSB.t\..t"ID and WIFE hcreby agrce that the rcal property known and
numbercd as 335 Old Mill Road, Carlisle, Cumberland County, Pennsylvania is under an Action
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in :-'[ortgagc Foreclosun: by York Fcdernl Savings und Loan Associutioll. HUSBAND and \VIFE
furthcr ayrce that neithcr party is financially able to slIve thc property from forcclosurc
procccdings. Thcrctorc, it is mutually understood by both HUSBAND and \v1FE that the
marital property cannot be prcscrvcd and ncithcr shall obtain any part of the propcrty. Howcvcr,
if eithcr party dccidcs to filc bankruptcy in the futurc, that party will advise the othcr of their
intention to filc bankruptcy.
8.
SUPPORT: It is hereby agrecd that HUSBAND shall pay alimony in the amount of One
Hundred and no/loo ($100.00) Dollars pcr week for onc year bcginning the first month after
HUSBANTI's loan against his 401K is paid in full. This amount is non-modifiable. WIFE will
not provide any fmancial support to thc HUSBAND, and HUSBAi~D waives all right to any
support following a dccree in divorce.
9.
PERSONAL PROPERTY: The parties agree that the personal property has been
divided betwecn the partics to their mutual satisfaction.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waivcs any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy indepcndcntly
of any claim or right of the other party, all items of personal property of evcry kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to thc HUSBAND or the WIFE to dispose of
samc as fully and effectually, in all respects and for all purposes as ifhe or she wcre unmarried.
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Each party agrccs that neither will incur obligations, liens or liabilitics on account of the
other and that from the date of this Agrecment, ncithcr party shall contract or incur obligations,
licns or any liability whatsocvcr on account of the othcr.
10.
AUTOMOBILES: HUSB.o\.'>,TI hercby waivcs all right, titlc and intcrcst in any vchicle
that WIFE owns or may own in the future; WIFE hcrcby waives all right, title and interest in any
vehicle the HUSBAND owns or may own in the future. Both parties shall be rcsponsible for all
paymcnts associated with the purchase of their vehiclcs, as well as all insurance on said vchicles.
II.
l\L\RITAL DEBTS: It is mutually agrced by and bctwecn the partics that WIFE shall
assume all liability for and pay and indemnifY the HUSBAi'lD against all debts incurred by
WIFE after the date of scparation. \\11FE rcpresents and warrants to HUSBAND that since the
parties' marital separation she has not contracted or incurred any dcbt or liability for which
HUSBAND or his estate might be responsible and. WIFE further rcprescnts and warrants to
HUSBMTI that she will not contract or incur any debt or liability after the execution of this
Agreement, for which HUSBAi'ID or his estate might be responsible. WIFE shall indemnifY and
save HUSBAl'lD harmless from any and all claims or demands madc against him by reason of
debts or obligations incurred by her.
HUSBAND shall assume all liability for and pay and indemnifY the WIFE against all
debts incurrcd by HUSBAND after thc date of separation. HUSBAND represents and warrants
to WIFE that since the parties' marital scparation he has not contracted or incurred any debt or
liability for which WIFE or hcr estate might bc rcsponsible and HUSBAND further rcprcsents
and warrants to WIFE that he will not contract or incur any debt or liability after the execution of
this Agreement, for which WIFE or her estate might bc rcsponsible. HUSBAND shall indemnifY
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and save \V1FE harmless from any and all claims or demands made against her by rW.\on of
debts or obligations illcurred by him.
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INSURANCE AND EMPLOYEE nENEFITS: The partics agrce that WIFE shaIl
rcccive one-half of the datc of scparation marital valuc plus intcrcst of HUSBAND's 40lK
account through his employer (Carlislc Tirc and Whcel); both parties will cooperatc in sccuring a
Qualitied Domcstic Relations Order to transfcr onc-half of the marital value as of thc date of
scparation of this account into WIFE's namc individually. Additionally, the parties agrce that
WIFE shall reccive onc-half of HUSBAND's pension t1lrough his employer (Carlisle Tire and
Wheel); both partics will cooperate in securing a Qualiticd Domestic Relations Order to secure
WIFE's one-half interest in said pcnsion. All other employee benetits of either party, shall be
their own.
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BENEFITS AND BANK ACCOUNTS: \VlFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND, and HUSBAND agrees to waive all interest which hc has in the bank accounts of
the WIFE.
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DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agrecd that the parties will execute and file the consents necessary
to obtain the divorce. Any party \vho fails to cooperatc with obtaining thc Divorcc shall pay all
thc costs and lcgal fecs of thc party who is sceking thc divorce.
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15.
BREACH: If eithcr party breaches any provisions of this Agrcement, thc othcr part)'
shall havc thc right, at his or her election, to sue for damagcs for such breach or seck such other
rcmcdies or rclicf as may be available to him or hcr, and the party brcaching this contract should
be responsible for payment of legal fecs and costs incurrcd by the other in cnforcing their rights
undcr this Agreemcnt.
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16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably requircd to givc full force and effect to the provisions of this
Agrcement.
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17.
VOLUNTARY EXECUTlO:'ol: The provisions of this Agrcemcnt and their legal effect
have either been fully explained to the partics by their respcctive counsel, or havc becn fully
reviewed and understood if not represented by counsel, and cach party acknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of any duress or undue influence. The partics agree that unless otherwise specifically
provided herein, this Agreemcnt shall continue in full force and effect after such time as a tinal
Decree in Divorce may be entered with respect to the parties. The parties further agree that the
terms of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respcct to them. It is the parties' intent that this Agrccmcnt does not merge with the Divorce
Decree, but rathcr shall continuc to have indepcndent contractual significance. Each party
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maintains his or hcr contractual remedics as well ns court ordercd renh:uics as thc rcsult of the
lIforcsaid incorporation or a.~ othenl'ise provided by law or statute. Thosc rcmcdics shall include,
but not be limitcd to, damagcs rcsulting from brcach of this Agreement, spccific cnforccment of
this Agrccmcnt and rcmcdies pertnining to failurc to comply with an order of court or agreemcnt
pcrtaining to cquitable distribution, alimony, alimony pcndcnte Iitc, counsel fces and costs as sct
forth in the Pennsylvania Divorce Codc or othcr similar statutes now in cffcct and as amended or
hereafter enacted.
18.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
panies and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
19.
APPLICABLE LAW: This Agrecment shaIl be construed under the Laws of the
Commonwealth of Pennsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and all propcrty
settlemcnt agreements which mayor hnve been executed prior to the date and time of this
Agreement are nuIl and void and of no effect.
21.
PA YI\IENT OF COSTS: Each party shaIl be responsible for their Own attorncys fees
incurred in the scttlcment of the divorce and cconomic issues surrounding this divorce.
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22.
WAIVER OF CLAIMS AGAINST ESTATES: Except us hcrcin otherwise provided,
cach party may dispose of his or her property in any way, and cach party hereby waives and
relinquishes any and all rights he or she may now have or hcrcafter acquire, under the prescnt or
future laws of any jurisdiction, to share in the property or the estate of the othcr as a rcsult of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of thc other, and right to act as
administrator or exccutor of the other's estate, and each will, at the request of the othcr, execute,
acknowledgc and delivcr any and all instruments which may be neccssary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
IN WITi'<"ESS WHEREOF, the parties hcreunto have set their hands and scals the day
and year first above written.
WITNESSES:
11.~/r,:1 /1/1
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(SEAL)
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CQ;\I~IO!\'\\'E"LTII or PE!\':\'SYL \'''!\'I:\
COUNTYOF CvYV).b~a.."",~
SS:
PERSOX.\LLY APPEARED DEFORE ME, this _3utday Of'11~~
1999 a Notary Public, in and for thc Commonwcalth of Pcnnsylvania and County of
Cumberland, CATHY E. HEINBAUGH, known to me (or satisfactorily proven) to be thc
person whose namc is subscribed to the within Marriage Settlcmcnt Agrecmcnt, and
acknowledges that she exccutcd the same for the purposcs therein contained.
1:'11 '''lTNESS WHEREOF, I have hereunto set my hand and official scal.
Notarial Seal
Martha L. Noal. Norary Public
Carlisle Bore, Cumbertand County
My Commission Explros Sepl. lB. 1999
..1emoer, Penn5'1lvan1a ASSOCIation ul tlCiJne3
~c&1Q~~u{J
COMMONWEALTH OF PE:'IINSYL VANIA
COUNTY OF CUMBERLA!\'D
SS:
PERSONALL Y APPEARED BEFORE ME, this ::5 day of
f)!J fL1(L
,
1999, a Notary Public, in and for the Commonwcalth of Pennsylvania and County of
Cumberland, DAVID A. HEIl'l13AUGH, SR., known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Marriage Scttlement Agreement , and
acknowledges that he executcd the same for the purposcs therein contained.
IN "lTNESS WHEREOF, I have hcreunto sct my hand and ofticiaI sDU
(-",., \
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NOTARIAL SEAL
DENISE PINAMONTI, Notary Publlo
C"uh:;:n 8orough. Cumborland County
t.J!~~;)'lIln.s5ion Expiros Nov. 20. 2C'('I0_.