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Home My WebLink About01-06618 . . . . . . .. . IN THE COURT OF COMMON PLEAS . . . OF CUMBERLAND COUNTY . . . . STATE OF PENNA. . . . . MARLO D. HEAGY No. 01-6618 - In Divorce . DECREE IN DIVORCE . . . . Plaintiff . . . AND NOW,---1uJt~ U , l.~'l.. IT IS ORDERED AND . . . . DECREED THAT Marlo D. Heagy , PLAINTIFF, . . . . . . . . VERSUS . . . .JAY A. RRAGY , DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . Defendant THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . . Property Settlement Agreement and Qualified Domestic Relations Order . . . . AND Jay A. Heagy . . . . . AT J. . . . . . :~:~'lll~Bm!i~~l!iiI/.~l~.~~~~;,gj~~~'~-- Ja~-"""""'-~~ & J':;" -.0,;) c; .ld- . .0..) .<4UL.~,l\l!:~II(L , ,111I1 I. : 'IJ IU., !IJIlIL,~."",. . .,..._A,1$""""'" ".......,. _ . . ~"' . jj(' -, ........~. , '"'1_ M<,,~~ 57~~ z; ~'~ ~.~ ~ ... ''''''"P"-~ ~. MARLO D. HEAGY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-6618 CIVIL TERM JAY A. HEAGY, DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for the entry of a divorce decree: I. Grounds for divorce: irretrievable breakdown under 93301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service of the Complaint was personally received by the Defendant, as evidenced by Defendant's signed Acceptance of Service dated December 11, 2001, which acceptance of service was filed in this docket thereafter. 3. Date of execution of the Affidavit of Consent required by 9 3301(c) of the Divorce Code: by the Plaintiff and Defendant on May 16,2002. 4. Related claims pending: Plaintiff and Defendant executed a Property Settlement Agreement on May 16,2002. Plaintiff's and Defendant's Property Settlement Agreement and Proposed Qualified Domestic Relations Order are filed in this docket this same date. .,' 1- - ".-" '[ ~~ - ," ~~ :"'~~'"'''''A'''''''''-"''''' ,~~ -'-""~ -"~, ~-"~.-~ -~- ^.. , . 5. Date Plaintiffs and Defendant's Waivers of Notice were filed with the Prothonotary: June 4, 2002. Respectfully submitted, LAW OFFICES OF RICHARD C. GAFFNEY Richard . G ,sq P A Supreme Court ID No. 3313 2120 Market Street, Suite 10 Camp Hill, PA 17011 (717) 975-9033 -"');>)~~"'-'.<\'!l)'f""q'_ __. ~~~""'r, ,!!!l!Ii!T~~_"_ . . .< ~~ ,~ ~:JilI'iJ!1 ~ 0< rJ1Ii~j' -- -. ~^ "f' .'.,,<'" h'"""""'~"'f"fi'Tlilllr"11I11IrrmI'Tn -n]"] m1Xfl""'llll'i~f'r:rr o ~;; ~:D:J :?~ ro' 2,~':' ~. ,., \. ~,:-, -~ s~; " =.~J ~~ f!~L ''-,) en c:; i"-:., C.,l -7J - i-~ . " -'::) . ~_ rA' ,_, i~~-'1'I""'",:;J;~'roI[.s;,~ ~ ,~ -, .="'I_,..$l!@Il\"'l-To<l!JWm!~I__'Fn_f,."!"'w':t"""-~1'<--"i;;'<F,",'--4':~;<~;''';''''--~-""";';'''''~',";;'-'iC~'''''~~'1~~~'''!/_'i!;t111~'"F~'1S",",ik,,,'!j':;"':i\!hl!f't~~ ':ff "/t1_,.1~i~ -("""~W:1~',~~ '" _ MARLO D. HEAGY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6618 CIVIL TERM JAY A.HEAGY, DEFENDANT IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER I. Identifying information 1, The Participant is Jay A. Heagy The Participant's Social Security number is 172-56-1209 The Participant's address is: 225 R. West Coover Street, #7 Mechanicsburg, PA 17055 2. The Alternate Payee is Marlo D. Heagy The Alternate Payee's social security number is 208-42-4921 The Alternate Payee's address is: 1108 South Franklin Street, 2nd Floor Mechanicsburg, PA 17055 The Alternate Payee's date of birth is July 12, 1967 3. The parties were married on June 22, 1996 and separated on November 26, 2001. 4. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. II. Method of Dividing Participant's Benefits 1. . The Milk Products Holdings (North American), Inc. Savings and Retirement Plan (the "Plan"), shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. The Alternate Payee shall receive a benefit equal to 100% of the Participant's vested , account balance as of May 17, 2002. The Plan shall make a full and immediate payout of the Alternate Payee's portion to the Alternate Payee, even if the Participant is not eligible for a distribution because the Participant has not separated from service. See, IRS Reg. 9 1.401 (a)- 13(g)(3). 2. The fund shall separately account for the benefits awarded in Paragraph 1 of this Section II as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from May 17, 2002. 3, Notwithstanding any provision of paragraph 1 of this Section II to the contrary, the Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a join and survivor annuity). 4, Notwithstanding any provision of paragraph 1 of this Section II to the contrary, the Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a beneficiary designation form with the Fund Office. In the event that the Alternate Payee should die prior to receiving benefits the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund Office on request, or if no beneficiary is selected, to the Alternate Payee's estate. S. Notwithstanding any provision of paragraph 1 of this Section II to the contrary, The Alternate Payee may elect to receive payment from. the Plan at the Participant's earliest retirement age or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, ov (Ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the 'Plan if the Participant separated from service. III. Other Provisions 1. This Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended and Section 206(d) of the Employee Retirement Security Act of 1974, as amended, and shall be interpreted in a manner ,'-\'I(l:~,V -_~ "__i"__,_:_H. ~,;, ~-. ....,-\1 r [:!!fT, ~-, ". consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 3. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. EXECUTED this ~day of ! ~ C- , 2002. BY THE COURT i;f->W<~,:,_~_, ,>'~__., .,1_ "~f_[_U~"""""'I__""'~''''' . ~ , - "~ " ~,,' ~', .,~ , ~ - 0_' ""~"'=, -.< '",~'-_' .<".." ."'>","r.-'" ,~, ~.' W,"" '~h"'" H'''' ~ ~,'<.W'''_ "'- ="'~ =""', " ~-, 'TIn!l. ~j JT,11'~~~~""".,,"~;~~~-""'"'''''-':''!''~'>''~'''"'~" .::S ....1IWIllIW.. oG:- )..;,C) ,(::> 7'-. U c;:: -, c:'2:.. () -L- - ~ ~ CONSENT TO ORDER: DEF~PARTI9 A /0 / fa Signature (slz?;tZ-. Date I . r 5h1h. Date' . ;:.. , "'~' c~ '< -- - I ~~-, PLAINTIFF/ALTERNATE PAYEE tm~ f) JI~CcW- Signature 5/.;{Cj / n;;) Date I I ATTORNEY FOR PLAINTIFF/ALTERNATE PAYEE Jl(~>-,"~~~.~ Signature Richard C. Gaffney, Esquire 2120 Market Street Suite 101 Camp Hill, PA 17011 1.0. No. 63313 .;20, ~ 'l.oa:l- D t es 0 "~" I a e ~ i-0 '1 iG s;~ ...~ ~0~~' c' .~~.. ~ ~ ,Z; ~s, :~;; -..... 0..... .....i~ i' ,.-. ... MARLO D. HEAGY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-6618 CIVIL TERM JAY A.HEAGY, DEFENDANT IN DIVORCE PETITION FOR QUALIFIED DOMESTIC RELATIONS ORDER PURSUANT TO DECREE IN DIVORCE AND Now, this 3rd day of June 2002, Comes the Plaintiff, Marlo D. Heagy, by and through her attorneys, the LAW OFFICES OF RICHARD C. GAFFNEY and Richard C. Gaffney, Esquire, who petitions this Honorable Court to enter a Qualified Domestic Relations Order Pursuant to a Decree in Divorce and who, in support thereof avers the following. 1. On June 22, 1996, Plaintiff and Defendant were lawfully married in Cumberland County, Pennsylvania. 2. On November 26, 2001, Plaintiff filed a Complaint in Divorce in the Cumberland County Court of Common Pleas. 3. On December II, 200 I, Defendant was personally served with the Complaint in Divorce. 4. On June 4, 2002, Plaintiff filed her Affidavit of Consent to Divorce under section 3301(c) of the Divorce Code. 23 Pa.C.S. ~ 3301(c). More than ninety (90) days elapsed from the date of service of the complaint on Defendant and the date that Plaintiff filed her Affidavit of Consent. On June 4,2002, Plaintiff served a copy of her Affidavit of Consent to Divorce on Defendant. 5. On June 4, 2002, Plaintiff filed her Waiver of Notice ofIntention to Request Entry of Divorce Decree under section 3301(c) of the Divorce Code. 23 Pa.C.S. S 3301(c). On PAGE-I- -""""""'~1t;a "if ,'~ -.. '. ,."' , "'~ ~_ _ nl ....... 1-- June 4,2002, Plaintiff served a copy of her Waiver of Notice of Intention to Request Entry of Divorce Decree on Defendant. 6. On June 4, 2002, Defendant filed his Affidavit of Consent to Divorce under section 3301(c) of the Divorce Code. 23 Pa.C.s. ~ 3301 (c). 7. On June 4, 2002, Defendant filed his Waiver of Notice oflntention to Request Entry of Divorce Decree under section 3301(c) ofthe Divorce Code. 23 Pa.C.S. ~ 3301(c). 8. On June 4, 2002, Plaintiff filed her Praecipe to Transmit Record with this Honorable Court. 9. On May 16, 2002, Plaintiff and Defendant entered into and executed a Property Settlement Agreement that, among other things, provided for a distribution of the marital estate. On June 4, 2002, Plaintiff filed the Property Settlement Agreement with this Honorable Court. 10. Plaintiff and Defendant agreed that, as part of the division of the marital estate, Defendant would liquidate his Retirement Plan. The Property Settlement Agreement states, in paragraph 5, as follows: RETIREMENT. Husband has worked with his current employer, New Zealand Milk Products, hereinafter "NZMP", located in Hummelstown, Dauphin County, Pennsylvania, for the past fifteen (15) years. He is currently employed as a production manager. He has a 40lK plan with his employer, and contributed to this plan for the past six (6) years. Husband's 40lK plan is with Milk Products Holdings (North America) Inc. located at 3633 West Wind Blvd. Sana Rosa, California 95403. Both Husband and Wife acknowledge that the 40 I K plan is in Husband's name alone. The last assessed value of said plan was $60,792.00, as determined by Husband dated May 13, 2002. Husband and Wife hereby acknowledge and affirm that there are no other pension plans, retirement plans, 40 I (k) plans, lRAs, Keoughs, SEP-lRAs, deferred compensations, employee benefit plans or any other plans PAGE-Z- '--'~!Jl.i~1'lll1~ H, - ""...,~..... T-""P' " ~"- " ,I," ~" , ~~ - or benefits of similar nature owned or controlled by either party. Husband hereby expressly agrees to liquidate his 401K plan mentioned above in order to pay in full any and all outstanding marital debts, including but not limited to, Wife's car loan for her 1997 Honda Accord. Both parties hereby acknowledge that upon liquidation, taxes and penalties will be withheld from the distribution at the rate of 45.00%. Thereafter, the parties agree that any and all attorney's fees, incurred as a result of this divorce, will be paid. The parties further acknowledge and agree to equally divide the remaining proceeds by 50%, after all marital debts are paid in full. The parties agree further that after both parties have filed their federal income tax returns for 2002, any tax liability or refund, on account of the early distribution will be shared equally by the parties. In an effort to effectuate this paragraph, Husband and Wife relinquish, waive and disclaim all rights, title and interest in and to said 401 (k) plan. Husband and Wife further promise, covenant and warrant that each party will execute any and all doclUllents necessary to sever each owns interest in the aforesaid plan and to effectuate the purposes of this paragraph. 11. To effectuate this provision of the Property Settlement Agreement, Plaintiff and Defendant on May 29, 2002 signed Consent to (Qualified Domestic Relations) Order. 12. A proposed Qualified Domestic Relations Order, together with Plaintiffs and Defendant's Consent to Order dated May 29,2002 is attached to this Petition for Qualified Domestic Relations Order Pursuant to Decree in Divorce. WHEREFORE, Plaintiff prays this Honorable Court to enter a Qualified Domestic Relations Order Pursuant to Decree in Divorce substantially in the form attached hereto. PAGE- 3- ",,,.,,-<: ;i;c,_"" 1i\l'I!:T . .~_~~ _, _ r-' , , I .c"%*1<$,WJ lL ~ PAGE-4- .... r~"'" Respectfully Submitted, LAW OFFICES OF RICHARD C. GAFFNEY lL'~& Richard C. Gaffney, MBA, squ e Supreme Court LD. No. 63313 Attorney for Plaintiff LAW OFFICES OF RICHARD C. GAFFNEY 2120 Market Street Suite 101 Camp Hill, Pennsylvania 17011 Telephone: 717-975-9033 , ~., H ..- ~ ~ ~, , " ~" _1'!lTillJ~\,,,,_ ,J:r~~,_ 55' ~f ~ ~~>r:.wI!1'_~~~~'(~~~~~1!tW:iji!Nl\~lV00;'<':'i1I' ,};(~r" <.:: " ~~) , r_~, -.;:,.- ,,"-..., ~-' ,. i~~'( ~, ""li~" () f::: .--< <0 f";:'::, ::J " 0\ ''''~'l__"." ,~, 4 PROPERTYSETTLEMEN~AGREEMENT o t-(.,~'<6 THIS PROPERTY SETTLEMENT AGREEMENT, (this "Agreement") is made effective at Camp Hill, Pennsylvania as of this ~day of May, 2002 by and between MARLO D. HEAGY, an adult individual whose address is 1108 South Franklin Street, 2nd Floor, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Wife") and JAY HEAGY, an adult individual whose address is 225 R West Coover Street, #7, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Husband"). WITNESSETH WHEREAS, Husband and Wife were legally married on June 22, 1996 in Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, one (1) child was born of this marriage: CHRISTIAN A. HEAGY, who was born on September 25,1996; WHEREAS, irreconcilable differences have arisen between Husband and Wife, in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations as between themselves with respect to property and economic claims that either party has or may have against the other party. NOW THEREFORE, in consideration of the premises and mutual covenants contained herein, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INTENT TO LIVE SEPARATE AND APART It is the intention of the parties that, from this day forward they shall live separate and apart from each other at such places as each party shall choose. The foregoing provision shall not be taken as an admission on the part of either party of liability for the breakdown of the marriage or for the reasons leading to their living apart. C'"-Jf~, ,'~~ _ .,_,~ I~ 2. INTERFERENCES. Each party shall be free from interference, authority and control by the other, as fully as ifhe or she were single and unmarried, except as m~y be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or maligh the other, nor shall either party in any other way interfere with the peaceful existence of the other party or with the other party's right to live separate and apart from him or her. - 3. DIVISION OF PERSONAL PROPERTY. The parties acknowledge that'they have already divided between them to their mutual satisfaction, all of their personal effects, automobiles, vehicles, household goods and furnishings, checking accounts, savings accounts, cash and cash equivalents, investments, stocks, bonds, mutual funds, securities, and all other articles of personal property which have heretofore been used in common by them, or which are or can be construed to be "marital property", as that term is used an defined in the Pennsylvania Divorce Code, 23 P,~3501. Neither party will make any claim to any such item, which is now in the possession or under the control of the other. Each party agrees to sign over to the other party on demand any title or document necessary to give effect to this paragraph. 4. MARITAL RESIDENCE. The parties affirm that they do not have a marital residence. 5. RETIREMENT. Husband has worked with his current employer, New Zealand Milk Products, hereinafter "NZMP", located in Hummelstown, Dauphin County, Pennsylvania, for the past fifteen (15) years. He is currently employed as a production manager. He has a 401K plan with his employer, and contributed to this plan for the past six (6) years. Husband's 401K plan is with Milk Products Holdings (North America) Inc. located at 3633 West Wind Blvd. Sana Rosa, California 95403. Both Husband and Wife acknowledge that the 401 K plan is in Husband's name alone. The last assessed value of 2 >jffil~iif,.~J, ,,' ~-, ,- ~,._, ',.-"'; ,I' ., said plan was $60,792.00, as determined by Husband dated May 13, 2002. Husband and Wife hereby acknowledge and affirm that there are no other pension plans, retirement plans, 401(k) plans, IRAs, Keoughs, SEP-IRAs, deferred compensations, employee benefit plans or any other plans or benefits of similar nature owned or controlled by either party. Husband hereby expressly agrees to liquidate his 40lK plan mentioned above in order to pay in full any and all outstanding marital debts, including but not limited to, Wife's car loan for her 1997 Honda Accord. Both parties hereby acknowledge that upon liquidation, taxes and penalties will be withheld from the distribution at the rate of 45.00%. Thereafter, the parties agree that any and all attorney's fees, incurred as a result ofthis divorce, will be paid. The parties further acknowledge and agree to equally divide the remaining proceeds by 50%, after all marital debts are paid in full. The parties agree further that after both parties have filed their federal income tax returns for 2002, any tax liability or refund, on account of the early distribution will be shared equally by the parties. In an effort to effectuate this paragraph, Husband and Wife relinquish, waive and disclaim all rights, title and interest in and to said 401(k) plan. Husband and Wife further promise, covenant and warrant that each party will execute any and all documents necessary to sever each owns interest in the aforesaid plan and to effectuate the purposes of this paragraph. 6. ALIMONY. Each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs, and equitable distribution of marital property. 7. CUSTODY AND SUPPORT. The parties recognize that Wife initiated a custody action in Cumberland County, docketed at No. 01-6583 - Civil. As a result, custody shall be pursuant to the resulting 3 ,t'JJl)~."" '<', " _ _ ','" ~ ,o_~ , Order entered into at that docket. The parties acknowledg~ and agree that this order is subject to modification upon a change in circumstance. The parties acknowledge that Husband with pay to wife each month, on or before the 25th day of each month, the sum of $600.00 as support for the Child. The parties agree that the parent for whom health insurance is then provided by that parent's employer shall hereafter maintain and be financially responsible for the health insurance for the child. If health insurance is not provided by either parents' employer, Father and Mother shall jointly be responsible for health insurance costs for the Child. 8. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this agreement shall be responsible for the payment of all legal fees and costs reasonably incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. The parties specifically acknowledge that they are entitled to utilize the remedies as set forth in the Divorce Code of 1980, as amended. 9. FULL DISCLOSURE. Each party represents and warrants to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 10. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deed, bill of sale, assignment, consent to change of beneficiary on insurance policies, tax return and other document and do or caused to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party 4 -7'C,,__ I I ~~~~ ' fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 11. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and Wife shall indemnify and save Husband and Husband's estate harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 12. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and Husband shall indemnify and save Wife and Wife's estate harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 13. WAIVERS OF CLAIMS AGAINST ESTATES. Except as otherwise provided herein, 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 haye 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, curtsy, 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 party will, at the request ofthe other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquislunent of all such interests, rights and claims. 5 .'"' _r ~.m~~~ -?' 14. REPRESENTATION. Wife is represented by Richard C. Gaffney, Esquire. Husband has been advised that he has a right to independent counsel of his own choos~ng. Husband has elected not to employ separate counsel and hereby knowingly, voluntarily, and intelligently waives his right to independent counsel. It is fully understood and agreed that by signing this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. 15. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 16. ENTIRE AGREEMENT. This Agreement contains the entire understanding ofthe parties with respect to the subject matter hereof and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. PRIOR AGREEMENT. It is understood and agreed that any and all agreements between Husband and Wife with respect to the subject matter ofthis agreement, which mayor have been executed prior to the date and time of this Agreement, are null and void and of no effect. 18. MODIFICATION AND WAIVER. Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 6 #.'-!,~-,-"., '.' - - ~ Of' ~"_ '. ,< .~~~ ~1~' ..,. I~ r - ~ ." 19. GOVERNING LAW. This Agreement shall be governed by and shall be construed in accordance with the laws ofthe Commonwealth of Pennsylvania. 20. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 21. VOID CLAUSES. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. ENTRY AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce, which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, final, or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 23. DIVORCE ACTION. The parties agree that they will execute all documents necessary to fmalize the divorce action including, but not limited to, the withdrawal of any economic claims pending under said action, indexed to number 01-6618, in the Court of Common Pleas, Cumberland County, Pennsylvania. The parties further agree to execute and file affidavits of Consent and Waivers of Counseling and Waivers of Notice ofIntention to Request Entry of a Divorce Decree. 7 '~'~'"~ <-," "c ",._-",_h~_~.'_ "~ ~I ,- ~_.~ " 24. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution or execution date, defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date, Otherwise, the date of execution or execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. WITNESS: \[ Richard C. Gaffney, MBA, quire '~~~~l@..~ WItness 8 '-Zf'.J~"",__ ."<r,,, ". - r ~ r-" -- r .' COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the ~ay of ~, 2002, before me, a Notary Public, personally appeared Marlo D. Hea~, klnown to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein coptained. IN WI1NESS WHEREOF, i hereunto set my hand and official seal. ~.~. Notary blic, NIlariaI s..l Amy L. Shoears. Nowy Public Camp Hili Bofo. Cumberland County My Commission Expire< A". 18. 2006 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the Way of ~, 2002, before me, a Notary Public, personally appeared Jay A. Heagy, kno~ to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WI1NESS WHEREOF, I hereunto set my hand and official seal. . 9 NlIlIriaI Seal Amy L. Shuprs. Nowy I'l1b1i< Camp Hill Bolo. CUlMerland County My Commlssi.. Exp!n:s Apr. 18. 2006 "c,HH":t"l!}''F'Jj!<l;I!Il~~ _ -~- ,! - I" , - ._~ -..f - -. ," "'l. -, ,~~17" " ~..~ H ~~ _ '.,r1" _.~~'-"~" ~, ,~ , .- - "''''V,'''''~''''''' ",,~";p -,"",.....~'.r'~'~.'." '" - ~~, D I III illfi'M"r".' '. ~.,- ,.e~l 1:,'-i!'l!)!m~Ff'\!t}!'4'I!\~._~~Rw,~_~,/lI1!$1!!!P.$1iMJ1'!i@,il"~':WS'~:'V'~''''-' .' ;",:Wo""-_""~_~' Q .. .' r .. -. ( [1": . "-'- >..., !~- ::'J r':-- , ~~: -'.::1 .~:'- ).> ~-,; ,"- ~-; ;-;i "3 ", -, ,~'"' ~1,J ..~ ,.~",'"';...~"" :')"'1Qr~",""";!'i"--"'''''W''''''\'!!'~-''~j~"~'~_'~_f . MARLO D. HEAGY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6618 CIVIL TERM JAY A.HEAGY, DEFENDANT IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 26,2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: I , :y//t/~rJ. / I L-h / II tUk I/.e bU: Marlo Heagy (Plaintiff) :;'~~~~l,p ,_~ _,_, ,.,.,_" ,~ ~, I" ~ ~=- - .-. t?5 e~t --, '~~'__"'"H'_"" "'IIlIiUUmmHIIOOlii iJl1flifi ~ _ 'f .)"''', ~Jff.l - f:J:J~vmr~ ",~,~t'jl\ilOO:!!tlR~"'W.l'-\ffl};mlt;\%W!~'!"MP~~mtlSlf!~~W;;t"~:;'-"'if-:'-;,"'"~'-,':i.'''' - ;:;;:",:- 1ll11ol1lln"Tnil~" C) c: illt; ~?-"r'- Ui ih -:;.~ --I -' " c., f..,,J .1) :::1:: :'\,) t.-.;; ~~.~~.~ ',,~.~,~ r'~ MARLO D. HEAGY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6618 CIVIL TERM JAY A.HEAGY, DEFENDANT IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. _ i I Date: ~ / M /t7;< I I , i'-3'jifJ!!".W; .1. .,. . - "'" " ~. ". 1) IT "'-~ .~~ ~. ., ,._.._~ _''''''I'''''''o,~ . '."Q""'''' ',,,, """,~,_"H"'"""f,"',C;" "'<"< '-"""",,~.... ~lIr'~'""' 0 C) ft ......-"\;-,1 ry(~' 7"'t- ~!), . r~~;,-. "'.v' P tf-I ~-^ ,.. '~~",;,,~.~~~~ffl~I!i!ff~,~r;;!I"',if''',~'$f'"'&''~~;!~~-''''f~I~!!lil::m!~~1'''-~''-},-"\!;""l.';",oit"Pf""""l''''"""-,,,,- ., ~'1' . r-t F..J S::::. "-::;. ~."- <,-- ~;2. ~"-\ -( Ifi[linr-C']... ',..., \.. 7") c,:' -- '- MARLO D. HEAGY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6618 CIVIL TERM JAY A. HEAGY, DEFENDANT IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 26, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.CS. Section 4904 relating to unsworn falsification to authorities, Date: 5Jr 1002. , -") I Ii :-,\\rW;,,;;,'*!i\'fflII1 . . ,,'n' Co' r < _. , I --. - ll--~ I - ,,~ ~ 0 () c: "'"\'1 -.~' <~. L -0 1_'; c: ,c rn ~-~. ,-'" :z z: (n .... -<' r:: -' F_';-; '. ,-~ ,. 2: ,~-- ~ ""' -. '- , ..:- '''',,'\ _.J: -c ~r:- B Q{ ~IL Tr'li" "1[-_. , ~,U_ ;, ,Jl " _ I~t, ~"'1,.-_flL m~~~~-,ril!~~~11'i"'~-';I"'$l'if,,'w.~f~!~l~\1'~~r..W!'lHfJ!i1!J:"I:Fta'~f""'""'"i;-,~'f'_:i"_,7f",;' ',"-' 'I<" -, "P'; "-^:"~';'?'1-'C?'~'..I:'j'01"",r;<~"f;;-m~;t~l!i"4\i$i!If;jjil:tilQ\'.:(W~~~~;- @:',<~~"n..."-."'- ""'~", "'-""""'-'0' - , MARLO D. HEAGY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-6618 CIVIL TERM JAY A.HEAGY, DEFENDANT IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. --,- / (~- JII Date: S ~t[ /6cZ, -f"'"'T"),'.~"~ ,~ ifill. ~ _ . ~. 'I" r ' """""""" "Ifl!llI!~ .~" "c"<"' """"''''''''''-T'''''~[ll!iiJ(ffnilllfr'''' nT,.'1iIii1lf~r"r T""'''J'' ~ ul'J. ~t ~~ "'3 -', -'.- l:~-- ?~~ :Q -"," B eft ,~~. .'W~ ,,~ _, _'. =~.J~l,,_.^ n,U~!iJl~,~j~,g~i!@J!!iI'Jl!iIMl~t\~~~~H;"~-i~~'''?'r,'><\''-'-''+'''''- -"-"f",~*r""i';,"''''~!'~ti'i1;,>~~3;{j1'1~1(~ib:tli'''iR')M#'!t\f'r,'f'l'tit~;m?Ml~~.Jff~A~\~i7: ~, MARLO D. HEAGY, PLAINTIFF IN THE COURT OF PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6618 CIVIL TERM JAY A.HEAGY, DEFENDANT IN DIVORCE ENTRY OF APPEARANCE To the Prothonotary of the Said Court: Please enter the appearance of the Law Offices of Richard C. Gaffney as counsel for the Defendant, Marlo D. Heagy, in the above-captioned matter. Respectfully submitted, LAW OFFICES OF RICHARD C. GAFFNEY 11:& Richard C. Gaffney, re PA Supreme Court ill No. 6331 2120 Market Street, Suite 101 Camp Hill, PA 17011 (717) 975-9033 <ru T,,,,_. .," ". .~ .,. . . ';, -:- --v ,"""'~,. ~l" i? MARLO D. HEAGY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6618 JAY A.HEAGY, Defendant CIVIL ACTION - LAW IN DIVORCE WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Melissa 1. VanEck, Esquire, Karl R. Hildabrand, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P .c., as attorneys for Marlo D. Heagy in the above captioned matter. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.c. By~~~- Attorney I.D. No. 30102 By ifYJi ~~J)4fJ oJ lJ{{;t Q j, Melissa 1. Van Eck, Esquire Attorney J.D. No. 85869 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717)238-8187 Dated: April d-, 2002 Document #: 232510.1 ~\ , ~,._"~, ,(c. _'_ pJ. .-,' '.,O''",,:' <-',,,:<'7 ,"'.-_" , " ,c. .,' _. __"_:"'__"'-"'_'_='~"_"'_I' ' _ _ 'I' '.- - -. <') " i i I '0_ _I JT~ :,,_~~~~~~llRr~lll! 0 c"; ~~ i'v ,~ ,~ :,::;;.!> r " ~p ,~ --;:J '.~. G.) ~~~.: ~ =2 en 55 f3-tj .~~!ffll~MHl"i1JW!f>i~Wc;'~Vc'l';)';_r,t'(,,-nf1_'11;J~~~!~)!r'!;~~~~[~\lr<:r,"!1!fi~~ ., MARLO D. HEAGY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6618 Defendant CIVIL ACTION - LAW IN DIVORCE JAY A. HEAGY, ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce. I certify that I am the Defendant, Jay A. Heagy. Date: 1;).,;)1 %?:r ba-e-~A/4:J;r- ~0 Mailing Address /?-f- . /7/d~ Document #: 221530.1 ~-,_51: L._""i< T~ I. 1-- ~-~-., ,. ,1JIQ"1!IL. ~ o ,;:, .c:: -'03 mfT~ Z~7' T~~;c ;:::S ~~ ::2 C:;) o ,T1 ;.-") :r:;:-e. :J..:: "0 '~ Bff () n - l ..r ,_ ~!1*:I~ n~[I_Ni!!!ifm!liV!WMlillliilf~!Im;!!1'~'l,....<~~l".;1~IJ!f,ij,_imJ"'fl_~lmllt_"~~i?!llf%!l,j!-,_"~i~*"''';:~\''F~'':!''^,'>f''')~''''~!!~il\1;1ll!'W&'WIjl~~'d"~}~"~;;f-WJ~l~ll!I~~M~~~~~f" . .' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-{..(,.LP Cc.~l'l l~ MARLO D. HEAGY, Plaintiff Defendant CIVIL ACTION - LAW IN DIVORCE JAY A. HEAGY, NOTICE TO: Jay A. Heagy 108 S. Frederick Street, 2nd Floor Mechanicsburg, PA 17055 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 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 Cwnberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. ; ( IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOif 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. Cwnberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (800) 990-9108 Documeflt #: 220864.1 ~.";'<li'P,,"ij!1,~_ ,"" 1 _~ c, -~I -.. -- . '- . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.OI-&CoJ'l MARLO D. HEAGY, Plaintiff Defendant CIVIL ACTION - LAW IN DIVORCE JAY A. HEAGY, COMPLAINT IN DIVORCE 1. The Plaintiff is Marlo D. Heagy, an adult individual currently residing at 108 S. Frederick Street, 2nd Floor, Mechanicsburg, Cumberland COll11ty, Pennsylvania, since November 2001. 2. The Defendant is Jay A. Heagy, an adult individual who currently resides at 108 S. Frederick Street, 2nd Floor, Mechanicsburg, Cumberland COll11ty, Pennsylvania, since November 2001. 3. The Defendant has been a bona fide resident 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 JlI11e 22, 1996, in Mechanicsburg, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that cOll11seling is available and that Plaintiff may have the right to request that the Court require the parties to participate in cOll11seling. Document#: 212886.1 -tL..Tff,' '" ,~- . . I , . ~ ~ -~t , , -~ ..,.,"'" : 8. There was one child born of the marriage, Christian A. Heagy, DOB 9/25/1996. 9. The marriage is irretrievably broken. 10, Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce, and enter such other orders as are appropriate. METZGER, WICKERSHAM, KNAUSS & ERB, P.c. B~~6~~ arl R. Hlldabrand, EsqUIre Attorney LD. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: 1/- 2 {r () / Document#: 212886.1 ~lI1!.="-___'r;"_c _, . I "-, ~~. ..."~-,~Jl't . . . VERIFICATION I, Marlo D. Heagy, hereby certify that the facts set forth in the foregoing Complaint In Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. 1J/ ~ lJ /I- ~tL~ Marlo D. Heagy Date: tV tf)I ,2 '], i 2.f;O I Document #: 220867.1 !l:fC:ilINj~~_~",,?,," , ~, I' ,~ . , !II!lJI!!iJ ~= .........,.-.,. . . . - IfL ~ .. ... "~ "~--. ~~ - "- .::n ;:-0 i.~ ~ - ..-"~. "- '~" "-,,, '," "',-~~j'"--~'-;'I"'=""-' < ~ ~ ~ c.., ~ ~ ~~O ~~ ~ -. o C <? ;fi ~~~; '"7 ~-'-' ",,",-_L,. ~,-- (n~:t: ~~.-- ~~) ""-(-l ,....-- ,..c: z :< --- --,..,. '""""-".ci c--' ~"--~ l-) -"'~'i :E C:;:J ~r,:_ ~'''-,m' ~H~ b ;';i"'~ ~:::::{ 5'} -< N c-., -,0 r- .'V "'-1 W~~~lll !11~ _ f" -,!Ifl~ _ .1J.~~fflWjF"''I'''''~:''';''']i.~-et''''r''~''%+~).ii\:!it;~I~'lil0m~'~Jl.ij'J'm'~P'F:W-t('B~t1'l~.i1"if'~~"!I"~~i!!l!!jj'!~~W- H 105.167 REV.8.s0 COMMONweALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS Df - l.t../p Cu. 'L STATE FILE NUMBER COUNTY RECORD OF DIVORCE OR ANNULMENT ST ATE $'oILE DA,.e Cumberland III (CHECK ONE) o '- NAME 2, RESIDENCE 225 ., NUMBeR OF THIS MARRIAGE (First! {Middle! ea, Jay A. Cicy, BorD. or Twp. (Dunty ate Street, #8, Mechanicsburg, PA .. RACE WHITE BLACK OTHEtjpeeifYI [XJ 0 WIFE {Fillf} (Middle) lLAst) Marlo D. Heagy Street or R.D. Rear West Coover 2 HUS~AND Urt Month 2. DATE OF BIRTH 4. PLACE to or oretgn OF 1. BIRTH Pennsy vanl.a 7. USUAL OCCUPATION ay Heagy 9 29 66 untry; . Production Manager Month} Yea, s. MAID!;N NAME Castriota RESIDENCE Day 12 12. 13. RAe WHITE og Street Dr R.D. Oly, Boro, or TWp. (Dunty West Coover Street, #B, Mec~anicsburg, sr.te PA 9. DATE OF BtRTH ". PLACE OF BIRTH CUPATlON {State Dr Fofl;gn QJuntry} Pennsylvania 10. 225 Rear NUMBER Of THis M RRIAGE f"t.Ace: OF OF THIS MARRIAGE NUMBER OF CHIL- DREN THIS MARR'AGE NuMBER OF HUSBAND WIFE CHILDREN TO 0 fXI CUSTODY OF ~ DATE OF DECAEE 2 BLACK o (State or Foreign Counttyl Pennsylvania OTHER (Spe'clfyl o DATE OF {Month/ Day YearJ THIS 6 22 96 MARRIAGE HUSBAND WIFE OTHER (Speelfy) 0 Ii! 0 1.. (Couner! Cumberland 178. NUMBER OF DEPENDENT CHIL. DREN UNDER '8 18. PLAiNTIfF HUSBAND o 17A. 1 1 20. SPLIT CUSTODY o OTHER (Specffy! o 22. (Month] (Day) (Year) 2'. SIGNATURE OF TRANSCRIBING CLERK HUSBAND"S SOCIAL SECURITY WIFE'S SOCIAL SECURITY II II 172-56-1209 20B-42-4921 Date of Separation August, 2001 .,.~:~:t~:: ........ "":"'! 17"",= 67 7 WIFE l:Xl OTHER (Speelfyl o 21. LEGAL GROUNDS FOR 'OIVORCE OR ANNULMENT Irretrievable breakdown Month Day ear 23. DATE REPQRTSeNT TO ViTAL RECORDS .: .~:~:;: 1~;;'\F I I I i I I . :~;~:<:~~f:'>:~ : """-