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Home My WebLink About01-0268 FX SAIDIS, SHUFF & MASLAND ATI'ORNEfSIIAT'LAW 26 W. High Street Carli,le, PA ':n~"_ ~ ,- ,>1'-'-"'... " MARY E. HEFFLEFINGER , IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - ':2I.;} CIVIL TERM IN DIVORCE Plaintiff V5. RODGER L. HEFFLEFINGER, Defendant NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: , Esquire Date: J //1 lei / / ". -,I -1 ,-'.,--__7 _" _", .- SAIDIS, SHUFF & MASLAND ATl'ORNEYStAT'LAW 26 W. High Street Carli.le, PA ~. - -~ " MARY E. HEFFLEFINGER , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 01 - CIVIL TERM Plaintiff vs. RODGER L. HEFFLEFINGER, Defendant : IN DIVORCE COMPLAINT MARY E. HEFFLEFINGER, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C., respectfully represents: 1. The Plaintiff is Mary E. Hefflefinger, who currently resides at 1839 Ridge View Drive, Carlisle, Cumberland County, Pennsylvania, where she has resided since January 12, 2001. 2. The Defendant is Rodger L. Hefflefinger, who currently resides at 75 East North Street, Carlisle, Cumberland County, Pennsylvania, where he has resided since 1984. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 28, 1984, at Carlisle, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. ..,., -";"'~~- '-T-~ -1 - _"~"",",'>-"_._J , " , -"" .,~ ~ ,~ "- , ., -" ~, SAlOIS, SHUFF & MASLAND ATI'ORNEYS-AT-LAW 26 W. High Street Carlisle, PA " '':'''''~~ .. c-')';" ,." ,~ III - 11 6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Date~lll 7-f}{JJ , - .,.." ,I " ~I- .~ "_.'-' "' - ,~ '., ,- - SAID IS, SHUFF & MASLAND ATrORNEVSeAT-LAW 26 W. High Street Carli.le, PA ~-",:-@,-" -= ,',,- Ii VERI FICA TION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~ p. 2/~11~ ary E. H fi er Date: 0/ //~ /c/ , , """-'1:"___ 11 ,. >,-__, _~ -< .",;-;:r-',"'" C 1"'_-' .'''"_''" ,-." -',1"",," , ' .." ,"" ,,~ II MARY E. HEFFLEFINGER , Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01 - .;;. bJ' CIVIL TERM : IN DIVORCE vs. RODGER L. HEFFLEFINGER, Defendant/Respondent ORDER OF COURT AND NOWthis~2YJ\.)2J1 23,,) ~ ,2001, upon consideration of the within Petition for Special Relief, a Rule is issued upon Respondent to show cause why if any he should not be ordered to faithfully collect the rents on the rental property and from those rents pay the mortgage, taxes and insurance on that property, along with any necessary repairs; and why he should not be ordered to make no withdrawal from the Tucker Anthony investment accounts in his name only pending equitable distribution. RULE returnable at a hearing set for the /1-b1f., day of ~ ' 2001, in Court Room No. / of the Court House in Carlisle, Pennsylvania, at C;:3CJ ft.m. o'c1ock~ PENDING the hearing, Respondent is enjoined from making any withdrawals from the Tucker Anthony accounts described in the Petition, or alienating, dissipating or appropriating any of the rents from the parties' rental income except to pay the SAlOIS, mortgage, taxes, insurance and necessary repairs. SHUFF & MASLAND A'ITORNBYS-ATeLAW 26 W. High Street Carlisle, PA ~'!:~~ " J. -1 ""Ill , ,"~---"',- I."'", . '~,,_~,__,,_ u'_ ''\0',,- <'j" - ; -'. '...-, , r _ . '"~ E '" .. 1,rlJll!ll1,~_~,_ 'v'INV^lA8NN3d }J.Nnm GNill:EJ8V'1nO 21 :5 ~lV S2 NVf' 10 lLl\'ii",,'i"l, "i',;,';""J' :i0 ^(J,,_U('i\..:~ .J,\~,,_,. *J' t. _' 30IJ:JO-{]::r1lj " '"' ", ~, _'_'"M~"'~k'~_ .. <-"'~lc--_-""~ '~''''''''''n-''-'-'~4''-r Tl!"~ I~ _llII!ImImI\!IM~,~l~I;ll''ii''1'''~~~~~';~~_.,.".~_!!Ill._"!n^_c,..,lf!w ,,~T:"j SAlOIS, SHUFF & MASLAND ATfORNEYSeAT-LAW 26 W. High Street Carlisle, PA j'~= " I MARY E. HEFFLEFINGER , Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - CIVIL TERM vs. RODGER L. HEFFLEFINGER, Defendant/Respondent : IN DIVORCE PETITION FOR SPECIAL RELIEF NOW comes Mary E. Hefflefinger, by and through her attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on April 28, 1984. 2. On the same date as the date of this Petition, Petitioner filed a Complaint in Divorce. 3. The parties are owners of certain rental property at 73-75 East North Street, Carlisle, Pennsylvania, and 69 East North Street, Carlisle, Pennsylvania. Respondent collects the rents on four units, depositing it into his business account, from which he pays the mortgage and costs of maintaining the apartments. 4. Additionally, all marital investment accounts are in Respondent's name only, those being at Tucker Anthony in Carlisle, Pennsylvania, and at Commerce Bank. 5. Petitioner believes and therefore avers that equitable distribution in the captioned case would be frustrated if Respondent did not faithfully collect the rents and pay the mortgage encumbering the rental property, reserving any balance of rent for taxes, insurance and necessary repairs pending equitable distribution, and if Respondent were to invade the investment accounts at Tucker Anthony. ~, " .' ~ ,,--'l ,,- ~1_',:"_.1 _ "--"_'_c_ "'"'- " 'I :.: '".- ~ < -, - _" - - - ."-, ~- ., _ ~ M SAIDIS, SHUFF & MASLAND ATfORNBYSIIATeLAW 26 W. High Street Carli.le, PA II WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause wt")y he should not be ordered to collect the rents from the rental property, make the mortgage payments therefrom and reserve the rest of the rental payments for payment of taxes, insurance and necessary repairs, and why he should not be ordered not to invade any account at Tucker Anthony pending equitable distribution without the written agreement of Petitioner. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: y, Esquire "-" ,'" ; ", ,~, _,,, r- _ -' '-I ,. ., c_ " -", T- -"r:T'-'_"~"-,--c=_", ,,' '>~ - " - ". {' -, ., ,P~ - . __ ~, - "~ ~ SAlOIS, SHUFF & MASLAND A1TORNEYS.AT-UW 26 W. High Street Carlisie, PA -" :1'-.;< - ~ " VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !;l4904, relating to unsworn falsification to authorities. ~~~~ ...., .- / . - ~ --".- ry E. Hefflef~ ~ Date: c7 / // ~ /t? I , , . . I":";. . --'";'-' -'1" -'<- "',-' ^ , SAlOIS SHUFF, FLOWER & LINDSEY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, P A .' -r '_+;" :~_ '_""'_ ,~ '_' r _ !I MARY E. HEFFLEFINGER , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - J.&~ CIVIL TERM : IN DIVORCE V5. RODGER L. HEFFLEFINGER, Defendant CERTIFICATE OF SERVICE AND now, this 1 day of 2001, I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHU , FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, RODGER HEFFLEFINGER, on February 6, 2001, with the Complaint in Divorce by Certified Mail, Restricted Deliver, Addressee Only, Return Receipt Requested, addressed to: Rodger Hefflefinger c/o Wayne and Mary Hefflefinger 325 Greason Road Carlisle, PA 17013 and proof thereof, the signed Return Receipt Card, is attached hereto. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By y':-- -~-I "\ . . '- - ,'-" ~---p ~ -- -'I"':; " __ '. ,_, "c ~=,_ _ , -'.'" SAlOIS SHUFF, FLOWER & LINDSEY ATI'ORNEYS'AT'lAW i 26 W. Hlgb Street Carlisle. PA i I I I ..,.,-,,,,, '\"'-'" \1 MARY E. HEFFLEFINGER , Plaintiff V5. RODGER L. HEFFLEFINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - CIVIL TERM IN DIVORCE PROOF OF SERVICE it'll.' ..... .... .."i11'~'_~l!if,l~ ttem 4.j_f Re,5:tricted-Delfvery,is'.d13sired., _' t 'your nam,e and address. on the reverse' ~at w.e can-return. the-card-,to you. . Ch this card to the back of the mailpiece, n:the, front If__space permits. \..1....... Ie Acjdi'essed t~.._-, ... (' , ~'.~.r . 0-( "T\e.~\Q..~~e..( .~ fi. W~\\..Q." (':(\.~ i . =\\<<..~\e~~e.Y __:s ~'&~ ~OD...d...... C1,\,,';..-~, \;("" \"1~\2, D. Is'deliv dress different If YES, enter delivery address below: 3. Service Type ~rj:ified Mail 0 Express Mail o Registered 0 Return 'Receipt for MerchaiilJl~ o Insured Mail 0 C.O,D, . 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from servIce label) '10<t"'t ~<fix.,jdd>\<a,i~4i1 Ullili$""8iii .. Th~~\.iG~ lbiA1bbA.tsS0,; O~ f!!lS, FI>i!m 3811, July 1999 Domestic Return Recei'" "" 102595-0o...M.. .< . 1-- -'"- . ,oJ ' II I . MARY E. HEFFLEFINGER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 01-268 RODGER L. HEFFLEFINGER, ) Defendant ) IN DIVORCE AND NOW, this RULE TO SHOW CAUSE 5" t{ day of M v ~ ~ 2002 upon consideration of the attached Petition, a Rule is hereby issued upon the Plaintiff to show cause, if any he has, why the relief requested therein should not be granted. Rule returnable '2-0 days from service upon Plaintiff's counsel of record. BY THE COURT, rJJ~ J. Distribution: ~rol A. Lindsay, Esquire (Attorney for Plaintiff) 26 West High Street, Carlisle, PA 17013 ,;S'arnuel L. Andes, Esquire (Attorney for Defendant)] 525 North 12th Street, Lemoyne, PA 17043 >L~ 03-{)0~O:;J.. :l/J ~ ~. --" -',J', _ ,,~ VINvin;\Si\JN3d I 'Nn",~)" nr':-'r'lli:)RI'~I(1," I\.L '....) '.. ','_' '" .J.~, , V I: '1:1/ UV 9- (;~'!4 20 AtfilCi\JU.'-L.cX:,',i i:fO ]Jf,::f:i(}-(fj'fl:i {~-"....~"'-~ - ,I, ,,,,'''''_d:;_'.'_,., ~~ !~~,. w '.', '~~rflf1'firrr: 'j"I'II'j'-'- filii , ''''I-q tlik'c ..,~ II, , ~:Ilml~~~f~ ._^~f'!!l~~,,_1 , ,"I""";":!'. '. ~ " MARY E. HEFFLEFINGER, Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-268 RODGER L. HEFFLEFINGER, Defendant IN DIVORCE PETITION TO VACATE OR MODIFY PRIOR ORDER OF COURT AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to vacate or modify its order of 23 January 2001, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein ;s the Plaintiff. 2. Shortly after this action was commenced, Defendant filed a Petition for Special Relief requesting that various investment accounts and other assets of the parties be frozen and that neither party make any disbursement of funds or income from those assets. In response to that Petition, this court entered an order, dated 23 January 2001, scheduling a hearing and enjoining Defendant from making any withdraws from identified investment accounts or disposing of any of the rental income from properties owned by the parties. 3. The hearing scheduled on Plaintiff's Petition was postponed and has never been held. As a result, this court's interim order has now been in effect for more than one year. 4. The restriction on assets requested by Plaintiffs in her original Petition is not necessary because the parties own more than sufficient assets to secure her interest in the marital property. The assets that the parties own, including the following: A. An apartment building at 73-75 East North Street in the Borough of Carlisle which has a value of $104,000.00. .I 11 . ! B. An apartment building at 69 East North Street in the Borough of Carlisle which has a value of $88,000.00. C. A tract of mountain land with a cabin, located in Lower Frankford Township, Cumberland County, which has a value of approximately $35,000.00. D. An investment account in Defendant's name with Tucker Anthony Investments which has a balance of approximately $30,000.00. E. A second investment account in Defendant's name with Tucker Anthony Investments which has a value of approximately $12,000.00. F. An individual retirement account in Defendant's name with Tucker Anthony Investments which has an approximate balance of $6,000.00. The above assets are subject to liens which encumber them which have a total balance due of approximately $151,000.00. As a result of that lien, the parties' total equity in the assets they own, which are subject to the divorce litigation, is approximately $124,000.00. 5, The parties have previously agreed, in a written Post-Nuptial Agreement they have signed, that wife has already received, and should be charged with receipt of, marital assets having a value of $126,000.00. As a result of that agreement, it is unlikely that Plaintiff will receive any substantial portion of the above assets. Attached hereto and marked as Exhibit A is a copy of that Post-Nuptial Agreement. 6. Security for Plaintiff, in the form of the accounts being frozen, is not necessary in this action for the following reasons: A After applying the credit for which Plaintiff is to be charged pursuant to the parties' Post-Nuptial Agreement, it is very unlikely Plaintiff will be awarded any marital property. B. The real estate owned by the parties, in which they have equity of approximately $76,000.00, cannot be sold, encumbered, or alienated without the mutual consent of both parties. As a result, Plaintiff's interest . " in the marital property is adequately secured by her interest in that real estate. 7. The accounts at Tucker Anthony Investments which were frozen by this court's order of 23 January 2001, are needed by Defendant to operate his business, to maintain the assets of the parties, and to meet his other financial needs. 8. Tucker Anthony Investments has notified Defendant that it is closing its Carlisle office and that its investment personnel are being laid off or transferred to another office. As a result of that action by Tucker Anthony Investments, Defendant wishes to move his investment accounts to another broker or investment company. 9. The security requested by Plaintiff and granted to her on an interim basis by this court's order of 23 January 2001, is not necessary and imposes an unreasonable restriction and hardship on Defendant. WHEREFORE, Defendant prays this court to vacate its order of 23 January 2001, or to modify the order to remove the restrictions on the assets and incomes of the parties. ~~->~ ~ el L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 + -... ;. ;'! '! , VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 1 8 Pa. C.S. 4904 (unsworn falsification to authorities). Date: rJ - /~ - OJ. ~tH~L~fII~ ..:"." , ,-""",-,', Agreement (Mary-and Rodger Hefflefinger) -\0/17/2000 , POST NUPTIAL AGREEMENT The parties hereto are MARY E. HEFFLEFINGER of 73-75 East North Street, Apartment #1, Carlisle, Cumberland County, Pennsylvania 17013, hereinafter WIFE and RODGER L HEFFLEFINGER of 73-75 East North Street, Apaltment #1, Carlisle, Cumberland County, Pennsylvania, 17013, hereinafter HUSBAND. W!TNESSETH WHEREAS, the parties hereto are HUSBAND and WIFE having been joined in marriage on April 28, 1984 ; and WHEREAS, the parties wish to facilitate the payment of a certain obligation of MARY E. HEFFLEFINGER to WILLIAM K. JENKINS and CATHY S. JENKINS; and WHEREAS, the parties desire to make certain agreements as to the nature of the marital property and any debt incurred by MARY E. HEFFLEFINGER to WILLIAM K. JENKINS and CATHY S. JENKINS; and WHEREAS, in the event that the parties divorce, they wish to settle certain property and debt issues between, which settlement shall survive any Decree in Divorce, obtained .at any time by either party. NOW THEREFORE, in consideration of mutual promises contained herein and SAlOIS S~&~ other good and valuable consideration, receipt of which is hereby acknowledged, the mtJlINE1SoM.1AW 26 W. ffighstreet parties agree as follows: CarJlsleJ PA 1. The parties have obtained a mortgage on their property located at 73- 75 East North Street, Carlisle, Cumberland County, Pennsylvania. One Hundred p~__ ~ c, " ....... " SAIDIS S~!!OWER . &UJ.'oIuSAY AI1OBNEY!;.AToIAW 26W. IDghst....t Carlisle, PA ,''f';~"" III Agreement (Mary and Rodger Hefflefinger) 10/17/2000 I,' Thousand dollars ($100,000.00) from the proceeds of said mortgage has been paid by WIFE to WILLIAM K. JENKINS pursuant to an agreement dated April 11 , 2000. 2. The parties borrowed $32,000.00 from Keystone Financial to payoff several credit cards, of which payment of $25,000.00 was WIFE'S own separate debt and $7,000.00 was a marital debt. Additionally WIFE used $1,000.00 from the parties . savings account for her own non-marital purposes. 3. In the event that the parties divorce, WIFE hereby acknowledges that she has received in equitable distribution $126,000.00, by virtue of the amounts referred in Paragraph One. WIFE will receive credit for its. receipt less any debt incurred to provide the acvances to her and which she is required to pay as a part of a Court Order entered with a Decree in Divorce or by the Agreement of the parties. IN WITNESS WHEREOF, the parties hereto have set their hand and seals as the date above first written. ~JJ/~ . Rodge . ~ ~~& ~f~d_/ Mary E. e ger , jJUYpt, LhjJl~CJ~ Witness I '- 2 I" .,. le_.._ '" ~-~ ~~ ^. '.'" ~ '- ,. ~ !;!!P.1 - " ~,~,,' -- .." ".-' '" l~~""~"~~;"~"',~r<]~!;-"F'q~'<^,,;ya'_..lf!g~.,,_.. :>={'>;t'!I!I~e!!i!\\!l!l!!ll!ll~.~Q: r. ~" '" ~-,-,- ~-",,-,",' ~. .'''~ ~- .--~< ,~,--,~~,.;." 8 :;::: 111m -.tn ;f; ;~Tl G3~ i$.;;:~_' 5fi~ ;;:::0 jS:C) !:: :.? ~ no. ~.,~ ,"^a " c:> 1'\) ::?,: x." "" I o -" :~-f '" ::J: '-,\ll j~:;;?? .:;:iQ t"7~!~ (jr-n ::i;! :..) -< - c-:::' ..,... SAlOIS SHUFF, FLOWER & LINDSAY ATfORNEYS.AT-LAW 26 W. High Street Carlisle. P A "if I"'! . " MARY E. HEFFLEFINGER , Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 268 CIVIL TERM vs. RODGER L. HEFFLEFINGER, Defendant/Petitioner : IN DIVORCE ANSWER TO PETITION TO VACATE OR MODIFY PRIOR ORDER OF COURT NOW COMES Mary E. Hefflefinger, Respondent, by and through her counsel, SAlOIS, SHUFF, FLOWER & LINDSAY, and answers the Petition to Vacate or Modify Prior Order of Court of January 23, 2001, as follows: 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, the continuance on the hearing on Plaintiff's Petition was by agreement of the parties with the understanding that the temporary Order would remain in effect. 4. Denied that the restriction on assets is not necessary, the assets so restricted being the only liquid assets in the marital estate. Admitted that the parties own certain other assets. Denied that the values are those as stated in the Petition. A. Admitted that the parties own an apartment building at 73-75 East North Street in Carlisle, Pennsylvania. Denied the value of the building is $104,000.00, that value having been obtained in 1999. n' _ _ '. ..",."....,"!'Il' _ ~,'. ,. _ - ~. ,J" - ,- ,'- ",'-. - - "-" -~~ '-" _'_~ , " .. ,-," , SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS'AT'LAW 26 W. High Street Carlisle. P A ",.,,~ " B. n In Admitted that the parties own an apartment building at 69 East North Street in Carlisle, Pennsylvania. Denied that the value of that building is $88,000.00, that value having been obtained in 1999. C. Admitted that the parties own a tract of mountain land with a cabin in Lower Frankford Township, Cumberland County, Pennsylvania. Denied that the value of that mountain land is $35,000.00. By way of further answer, no appraisal on the mountain land has been provided by either side. D. Admitted that there is an investment account in Defendant's name with Tucker Anthony Investments. Admitted that the value of the account at the end of 2001 was approximately $30,000.00. By way of further answer, Respondent has no knowledge of the present value of the account. E. Admitted that there is a second investment account in Defendant's name with Tucker Anthony Investments with a value of approximately $12,000.00. By way of further answer, that value was provided as of the end of 2001 and Respondent has no knowledge of its present value. 2 . . .' - . 1-",<"'-' '-~"'" _c -,.." - ,~"._ _ - - -1- - "'. " .-, - ",,,. -~ - _. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNBYS-AT-LAW 26 W. High Street Carlisle, P A '~, '11'_ "', 'I F. Admitted that Defendant has an Individual Retirement Account with Tucker Anthony Investments which had a balance of $6,000.00 at the end of 2001. Respondent does not know its present value. Admitted that there is a lien on the apartment buildings. Denied that as a result of the lien, the parties' total equity in the assets they own is $124,000.00. By way of further answer, additional discovery is required to determine the actual value of the net marital estate. 5. Admitted that the parties signed the Post-Nuptial Agreement attached to the Petition as Exhibit "A". Denied that as a result of the Agreement, it is unlikely that Respondent will receive any substantial portion of the above assets. 6. Denied that security is not necessary in the form of a non-dissipation Order with regard to the accounts titled solely in Petitioner's name. A. Denied that after applying the credit set out in the Post-Nuptial Agreement it is unlikely that Respondent will be awarded any marital property. B. Admitted that the parties' real estate cannot be sold, encumbered or alienated without the mutual consent of both parties. Denied that Respondent's interest in the marital estate is adequately secured by her 3 _ ~t-,~ _,,_.,-,,:JF11'''''I'~"''"_'_ _""h_ "',_',,' """""""_"_0_" ,-"" ~ ",--," ,-- ._~" _ "_ ,. ., "-"<_,~_ 'c,,"_-,~_,~1" ,~_ .-,. ,_, ".," ", _, _ _ > -<'-.'- "-", ~ ---,~ .<-' ..-, SAlOIS SHUFF, FLOWER & UNDSAY A1TORNEYS.AT.LAW 26 W. High Street Carlisle, P A , , I I j.'~~'--' " interest in the real estate. Petitioner has refused to agree to sell any of the real estate, and that if he did agree to sell the real estate, equitable distribution could be frustrated for years pending sale of commercial property. 7. Denied that the Tucker Anthony Investments which were frozen are needed by Defendant to operate his business. By way of further answer, Defendant has been operating his business since January 23, 2001 without access to those accounts. By way of further answer, Respondent has offered to permit Defendant to access the Tucker Anthony account with an end of the year balance of $12,000.00 to maintain the rental units and to operate his business, so long as he kept careful records of the disposition. Petitioner has never accepted or rejected that offer except to the extent of filing the instant Petition. 8. Respondent is without information sufficient to know whether Tucker Anthony Investments is closing its Carlisle office. By way of further answer, Respondent has no objection to the transfer of the assets to another investment company or brokerage so long as the non-dissipation provision remains in effect. 9. Denied that the securities requested by Respondent on an interim basis is not necessary. By way of further answer, the Defendant did not pay his child support for the better part of a year, as a result of which he admitted that he was in contempt of Court on January 11, 2002. A Copy of the Court's Order of that date is 4 ,,,,~- < <,7'9"":"'1'-'..- ,_"__ "., _c_ ,,_~_"-" - "- . - -"~ . ",', -- SAlOIS Ii SHUFF, FLOWER :i I & LINDSAY 1 i ATfORNEYS.AT-LAW 26 W. High Slreet Carlisle, PA 'I i,!~ attached hereto as Exhibit "A". By way of further answer, Respondent was in the process of garnishing past-due support from the Tucker Anthony accounts at the time the Defendant was arrested for contempt of the Court's Order. The Tucker Anthony accounts, therefore, are necessary security to the payment of child support in light of Defendant's refusal to pay child support for the better part of the year. By way of further answer, Defendant is self-employed and cannot be wage attached. WHEREFORE, Respondent prays this Honorable Court to maintain its Order of January 23, 2001. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. AttorneY~laintiff/~espondent By: 5 .. -, ,- "5';"- 1"_'-' "'-'-~_''-'''I _,_,_'_', 'I"e"., . .c_"...._, "",.C",-,-- ,-., ~""_.,'_ '" -, --=-0, ' . " -'" - SAlOIS d SHUFF, FLOWER ii & LINDSAY 1.1 .01 ,. i~ " I.; ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A !: 'i :'j :-1 " VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. . ~~~ Date: ,Y,;J1;h.;:s . .,.".,~ - - ~"_,_',_" ..'. .- _ -~, ."" , ,,~ c_e >_ .> .'.' _I_,~' _>_ _,__, _~~_ -~~ "., , . , MARY ELIZABETH HEFFLEFINGER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DOMESTIC RELATIONS SECTION RODGER LEE HEFFLEFINGER, Defendant DR# 30,386 No. 85 SUPPORT 1999 ORDER OF COURT AND NOW, this 11th day of January, 2002, the Defendant, Rodger Lee Hefflefinger, having appeared in court for a hearing on a petition for contempt with his privately retained counsel, Samuel L. Andes, Esquire, and it being represented his appearance was secured by $3000.00 in cash by his father, the Domestic Relations Office is directed to release the said sum to the Defendant's father. By the Court, Frederick I. Huganir, Esquire Special Counsel for DRO Samuel L. Andes, Esquire For the Defendant wcy ;'i i! i: i,' I, 1"~~' -I' ~ MARY ELIZABETH HEFFLEFINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DOMESTIC RELATIONS SECTION RODGER LEE HEFFLEFINGER, Defendant DR# 30,386 No. 85 SUPPORT 1999 ORDER OF COURT AND NOW, this 11th day of January, 2002, the Defendant, Rodger Lee Hefflefinger, now appearing in court on a petition for contempt with his privately retained counsel, Samuel L. Andes, Esquire, and pursuant to an agreement reached between the Domestic Relations Office represented by Frederick I. Huganir, Esquire, and Defendant and his counsel, the Defendant having admitted that he is in contempt of the existing Order of Court, the Court finds that the Defendant has intentionally, voluntarily, and willfully failed to comply with the terms of the order heretofore entered, and he is consequently adjudicated in contempt. Pursuant to a further agreement between the Domestic Relations Office and Defendant and his counsel, the sentence of the Court is that the Defendant undergo a period of probation of 12 months, conditioned upon his payment of the lump sum of $2000.00 on or before the close of business on Wednesday, January 16, 2002, that he hereafter pay the basic amount required under the order on :[~ ~ '^ ~ ~ , ,- '~,,~.~ " a timely basis without fail, and that he hereafter in addition pay the sum of $200.00 per month on the order on arrears. Frederick T. Huganir, Esquire Special Counsel for DRO Samuel L. Andes, Esquire For the Defendant wcy 'M_~~_ '~-', .-' I,. ,,^ By the Court, J. . ',,", ,~ ~ co,,,. _ JIllj1li'lf ~>" .~- "~~tm~ r 1 ~ "'. -.- ~" :" _ -<_~ _.0 o~~.^_,_>_ ~"-""'--="_..!..o.<"""-,',, ,,~, ,~' 'H"' "."., " ,~^ _~~. ~ ~ ~ 1-;-: I." ,. ,. -, nurn' _.:_.1 -c.) lj'-I ','.) {T> ::.; :~ __~!LJ_" .'".".." ." _:~_"_,_""_ r!l1'ri~f!III5l!\)If"''f'ii''f.'';'%'i~,m'l','~'"~~~~ _ ".-~<,~~~"._,__ > _ ,f; i I' , 1 I, i, Ii I I i: I' i: I I I 1 1 i i , i I 1 , 1 i i I i i I , I i I ! II ". . .. ."' . MARY E. HEFFLEFINGER, Plaintiff ) ) ) ) ) ) ) ) ) vs. RODGER L. HEFFLEFINGER, Defendant ,I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 01-268 IN DIVORCE ORDER OF COURT AND NOW this /4 day of 9, t7 't- ' 2002, a hearing is hereby scheduled, to be held in court Room 1 of the Cumberland County Courthouse in Carlisle, Pennsylvania, before the undersigned, commencing at 3: ()tJ o'clock ---#- ,m. on 'y7)trn~ the d.'1~ dayof ~ ,2002,onthe Defendant's Petition to Vacate or Modify Prior Order of Court. BY THE COURT, ~ Distribution: Carol A. Lindsay, Esquire (Attorney for Plaintiff) 26 West High Street, Carlisle, PA 17013 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, Lemoyne, PA 17043 ~ YJ~../ ?-f-"il-,/l.-(.., J. ~~ ""_03../J~ Q-, . ,.,~. ., - ~ ,~~-, -~ . , ,.\ ,~J!';(91~:ASNN3d /\..:J\I', .' .' "t-',,,rn("lfJ'~Jn" ' ' " '." " " ',' ,. :'~~ ,:,,,':"JY' r ,..) """, 2TG :11 (; - '"lnr cO Ae\lLCJi\'_-~! " -"1(',J '1'-" '~'j- :1,./[:L ~}-'i.LJ '1:1 ='~\",':'"""'- 1(', ::';;',) ,~ ^ ,~ ~ T' "_,,"."lil!JI!!I!l!JI'!lI'!I~ill'f~~" .'.C-Y , "~_c_r "'\,j" . .,'" ~""~~-~""-"!:--",",,,,,,-' .' . " , . vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. HEFFLEFINGER, Plaintiff CIVIL ACTION - LAW NO. 01-268 RODGER L. HEFFLEFINGER, Defendant IN DIVORCE MOTION FOR HEARING AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and represents that the pleadings are closed on the Defendant's Petition to Vacate or Modify Prior Order of Court and that the matter is now ready to be heard by the court, and moves the court to schedule a hearing on that Petition. 14 June 2002 .&JfJ~ Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 ~~ , --,"- ,"11 ,. . , ~ - ~I'1f~.~J;1C~~~", , ~"'^'-'. o ~; 5,., ~UlTJ fn(ll Z::c: -C;:' /-- (JJ .::~~ ~e':. ~~=:, >-2= :;-.::: -- =:2 .. -- --~'~"!'1Irn ~ a N ,- c:: :z o "T1 " r Tlnl ;~i~ .~~.~ =:.: :::D -< "-' o :;~ N .-J l)J.,,~Ill...~~~ ,.'- ~,) . SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVAJ.lifIA 17043 TELEPHONE (717) 761-~361 11 July 2002 FAX (717) 761-1435 The Honorable J. Wesley Oler Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, Pa 17103 RE: Mary E. Hefflefinger vs. Rodger L. Hefflefinger No. 01-268 Dear Judge Oler: You have scheduled a hearing on my Petition to Vacate or Modify a prior order and the hearing has been set for 3:00 p.m. on Monday, 29 July 2002. I am scheduled to be out of town that week on vacation with my family and I write to ask that the hearing be rescheduled for a later date. I have sent a copy of this letter to Carol Lindsay, Esquire, so that she is aware of my requests and I will have my secretary call your office and hers early next week to try to find a convenient time if you are willing to rescheduled the hearing. Thank you for your cooperation. Sincerely, I L. Andes amh cc: Carol J. Lindsay, Esquire Rodger 1. Hefflefinger ~. << ,I.,:> ~ .'" - ~ T._.' - "~"; "'''!t~-''~I . '"~'"-"'-"'^~- , ---'''-~- ,-~- -', " --",--' ~-," , ,- ,- " 1 .. , , \~'!I""~' lIP MARY E. HEFFLEFINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE RODGER L. HEFFLEFINGER, Defendant No. 01-268 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of October, 2002, upon consideration of Defendant's Petition To Vacate or Modify Prior Order of Court, and pursuant to an agreement reached between and among counsel for the parties and the parties in open court, it is ordered and directed as follows: 1. Our order of January 23, 2001, in this matter is hereby vacated. 2. The Defendant shall within 30 days of the date of this order open a new investment account with RBC Dain Rauscher, a brokerage firm, and deposit in that account, from the accounts previously subject to our prior order, the sum of $10,000.00. When the Defendant funds the new account with $10,000.00, he shall not use funds from his individual retirement account or funds from the accounts held by the parties for their children. 3. The Plaintiff shall transfer to Defendant, by special warranty deed, the real estate currently owned jointly by the parties at 73-75 East North Street in Carlisle, and 69 East North Street in Carlisle, .. ~~, ~ . n!.c. .-,,'''-' 'v'!N'vA1ASNN3d )J.NnQJ O;'Iif'!i::!':j8?vno I, t':7 l,~.'d' ?-, J.'J'U' "p ..:J .('" (J (". f~, .r II-I\.J\ Ir'i\V;; , rv.;Jv........,., .',__ i. ,',/(,' 50Ii:{jhU-,,:j .~-- ~'-'--"-"" .'. "- ~,,~ "-",,,,""^ .. ... _~1!1,_ ~,,~, ~1~TfJi~,ljMl)ll L '_~~!f-~~"q$~,*~ ' ~~~',', . ,,",,,,,,IIl\.~~l!l:lli~ 'innq rn" , \ . ~-' - c J' .~ " 1 ,-"~ subject to their existing mortgage obligation, for the purpose of allowing the Defendant to refinance that obligation and, hopefully, obtain a reduced interest rate. The deed to transfer the properties will be delivered at or shortly prior to a settlement on the refinancing obtained by the Defendant. Both parties will cooperate to have that refinancing and the transfer of the property obtained as promptly as reasonably possible. Plaintiff shall have the right, upon prior arrangements with Defendant, to have access to the property to have it appraised, if she chooses to do so, at her expense. Both parties reserve all of their other claims relating to those properties as raised in this divorce action to be litigated by the Court at a later time. By the Court, J Carol J. Lindsay, Esquire For the Plaintiff /()..~:2-() :2.J Samuel L. Andes, Esquire For the Defndant ~ ~ 4-- wcy .,v, '. ..' MARY E. HEFFLEFINGER, Plaintiff IN THE COURT OF COM]\i[ON PLEAS OF CUMBERLAND COUNTY,'PBNNSYL VANIA v. CIVIL ACTION - LAW RODGER L. HEFFLEFINGER, Defendant NO. 01-0268 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR HEARING ORDER OF COURT AND NOW, this 15th day of July, 2002, upon consideration of the attached letter from Samuel L. Andes, Esq., attorney for Defendant, and with no objection from Carol J. Lindsay, Esq., attorney for Plaintiff, the hearing previously scheduled for July 29, 2002, is rescheduled to Thursday, October 17, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Samuel L. Andes, Esq. 525 N. 12th Street P.O. Box 168 Lemoyne, P A 17043 Attorney for Defendant :rc Cc-r--'..v ~ 7/Jtp /t;;A. ,.&..f' :~.!~"-~-,~ ': - . .~_.". _..~ - - , " ~"-" " - - ~" -'- ~.- ~..~ ~ ~ 1';!"l.,..,.,..Mm'T!1\I - l ~. \fil',lt/A", - Al~.!r')n':"')} t Y\Sf'vN3d {I "-'I) (?t~;l.(!~ ,-...- ",' ','-,wIN".... --"u'lIlv ::." '6 'f', J".' I . ~ _. ~ ,,' ~ Q I -I"l~-' ... ill (;0 A!:fill n,w,., - .~~:\i..../;tl,U(J,1 .:;~ '.- ;' --'<"'/:11-' ~. ~,,-I- "'0 ._'vi OIU--o=n/_< '- - *#'..; - ~ --<W>-.>w'_" ~ ,"" .~'~ '.,~,'_. -.-. -, '. , _~-~~'il'!"(:""~~~"'~}!~I~:Wil1lll.,'J!I!!IVm~~' J), \\MAINSERVERIPUBLIClroger\Family Law\divor~e\Entr~f Appearance Heffiefinger.doc IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARY E. HEFFLEFINGER, .. .. CIVIL ACTION-LAW Plaintiff .. .. .. .. vs. .. NO. 01-268 CIVIL TERM .. .. .. RODGER L. HEFFLEFINGER, .. IN DIVORCE .. Defendant .. .. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the Defendant in the above matter. ~t<<~ Roger M. Morgenthal, Esquire LD.# 17143 FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 '!"- ,'- , 1 . .. ,~-,"," - -~~.~ ~I ~ ........,-, ~ ,~ ~ " ~ .."'<'~- ". '" -~,~. ,- ~ ,,-' Q L- -,,::0'- -vo~: rn fT~ /f'- 9f-';' ~'5' ~\:~: ~~ :::1 ~.<. Q ..., r"t'l cO I ,~ o -n -0 _-;.0 -,~ -'n .~{~ ,--' ,'~- --;;,,-,' -'---..,.--. ~ v --.[ -.:.:,. ::q -. -:.w ('.0 ,~_ ~"T"~,_I!!1U,'t"':_"",~,j)~'iJ!IiFIi~ti%f~"I!:~~i!,,lJJ.'!',"H!jfi!l"'!'";f'jl..!l1I'.!l~~IlI!\Il.~' MARY E. HEFFLEFINGER 01-268 vs Case No. RODGER L. HEFFLEFINGER Statement ofIntention to Proceed To the Court: Plaintiff Mary Hefflefinger Print Name (1*I?.tlL S ~C~"TJA~gn Name Date: ) 1l1!?/ 08 Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit conunent. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The tennination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shopv. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course tenninating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been tenninated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230( d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, snbdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty,day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. '-";-'f!'_~""",'!f., ~ ,~~ '1' =. ~-" - - ~ ,~ ~~-~F''''-. -.'., ~../) I':" -:~;; $',I;> ~ t~L C) r~" ;:3 2:;/~t-7 >" C::;;,. 0:::-:;, c., <::) C--:, -f - r;; ':I! f71fJ;..J -br~ r:~<9 cOle) ~~1{ :::;-1 55 -<: OJ :;? -c. '::) c::> .;;-- .In '~.MlJd:J!,~""'t,~,,,,,,,,,~_"'M~~~!:?i;\!i1l';tMI;W'ffiJ:\"U:'4"~"'!'i""'~''''C''-'"''';i-"_%~"'t'~"'-'i""i'_W""""Wf"'i1'_""<'1"'I~~'1I!.\m!~,H,"--~~~!I~~ ~_~i~