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HomeMy WebLinkAbout03-3763IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ALECIA K. HEINBAUGH, PLAINTIFF, GROVER G. HEINBAUGH, DEFENDANT, Civil Action---Divorce Docket No. Jr)3 -- ,~?~ NOTICE TO DEFEND AND CLAIM OF RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ALECIA K. HEINBAUGH, PLAINTIFF, Vw GROVER G. HEINBAUGH, DEFENDANT, Civil Action---Divorce Docket No. AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se le avisa que si no se defiende, el caso puedc proccder sin usted y decreto de divorcio o anulamincnto puede set emitido en su contra pot la Corte. Una decision puede tambien ser cmitida cn su contra pot cualquier otra queja o compensacion reclamados pot cl dcmandante. Ustcd puede perder dinero, o propiedades u otros dercchos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted pucde solicitar conscjo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, cn la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6) .......Indignities 23 Pa.C.S. & 3301(c) ..........Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d) ..........Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HA ZI.ETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW 20 South Market Street Meehanicsburg, Pennsylvania 17055 (717) 790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ALECIA K. HEINBAUGH, PLAINTIFF, GROVER G. HEINBAUGH, DEFENDANT, Civil Action---Divorce Docket No. C~ -- 3~.~ COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Aleica K. Heinbaugh, an adult individual, sui juris an who currently resides at P.O. Box 301, Newville, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Grover G. Heinbaugh, an adult individual, sui juris, who currently resides at 55 Thompson Creek Drive, Shippensburg, in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 3rd day of August, of 1996, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiffnor the 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 for divorce instituted by the plaintiffor defendant in this Commonwealth. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since June 17 of 2003. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WttERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 1 i. The parties do not have any biological children born within the marriage. 12. The parties have not heretofore entered into any written agreement as to support, Alimony, or property division. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a ~livorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301 (c) of the Divorce Code. COUNT II COMPLAINT FOR ALIMONY PENDENTE LITE 14. The averments of paragraphs 1 thru 13 of Count I are incorporated herein by direct reference thereto as if set forth hereinafter. 15. Plaintiff, Alecia K. Heinbaugh lacks sufficient income and resources to provide for her reasonable needs and is unable to maintain the standard of living in the absence of financial support for which she has become accustomed during her marriage to the defendant. 16. Defendant, has sufficient income derived from his full time employment, which substantially exceeds that of plaintiffs income. Plaintiff, is in need of Alimony Pendente Lite during the pendancy of this divorce proceeding due to the disparity as in the levels of income as between the parties, with defendant receiving substantially greater income than plaintiff. 17. Plaintiff anticipates incurring legal fees and expenses related to the continuation of this action and will be therefore required to pay the required and necessary legal expenses and costs required to pursue her legal claims and/or assert her defenses to the same and as such is in need of financial support WHEREFORE, Plaintiff prays that this Honorable Court grant her alimony pendente lite and award her counsel fees and expenses relative to all stages of this proceeding. GREGORY S. HA~LETT~,ESQUIRE AI~OR~Y & CO~I~SELJ~AT I~AW Att0~ney for Pl~niiff 20 South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to un~sification to authorities. ~/~° Aleeia K. Heinbaugh, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ALECIA K. HE1NBAUGH, : Plaintiff, : : No. 2003-3763 : Civil Action - Divorce GROVER G. HEINBAUGH, : Defendant : AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 4, 2003 and served upon defendant on August 9, 2003 by way of an Acceptance of Service. (Attached hereto). 2. The marriage ofplaintiffand defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses i£I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject t~-the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Alec~a K. Heinbaugh, Pl~?ntiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ALECIA K. HEINBAUGH, : Plaintiff, : : No. 2003-3763 Civil Action - Divorce : GROVER G. HEINBAUGH, : Defendant : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DVORCE DECREE UNDER § 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, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.. I verify that the statements made in this affidavit are true and correct. ~ understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF ALECIA K. HEINBAUGH AND THIS AGREEMENT, made this I?)~r~ between Alecia K. Heinbaugh, hereinafter referred to as" Wife, and hereinafter referred to as" Husband". GROVERG. HEINBAUGH day of~, 2003, by and GroverG. Heinbaugh, WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 3fa, 1996 in the County of Cumberland, Commonwealth of Pennsylvania and; WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other as fully as if he or she was single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about June llb, 2003, 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 shall indemnify and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her subsequent to the entry of the divorce decree. Any debt or liability incurred by Wife, subsequent to the date of separation shall be her sole responsibility of Wife to repay. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about June 11th, 2003, 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 shall indemnify and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him. Any debt or liability incurred by Husband, subsequent to the date of separation shall be her sole responsibility of Husband to repay (A) OUTSTANDING MARITAL DEBTS: It is represented as between the parties that there are currently joint marital debts incurred during the TRANSMISSION VERIFIOATION REPORT TIME DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE ~8/26 01:01 24S¢042 00:05:22 STANDARD EOM marriage and consisting of a home mortgage held with Peoples Heritage Bank, and two vehicle loans held with Orrstown Bank as well as a PSL loan held with Orrstown Bank, Account # 211300. Husband agrees to pay all of these outstanding marital debts and hold wife harmless and indenmify wife to the extent of any liability she may be exposed to due to their non-payment. 5. LEGAL REPRESENTATION It is hereby acknowledged and understood as between the parties to this agreement that Wife is represented by Gregory S. Hazlett, Esquire, and Husband has been advised that he is entitled to retain an attorney of his choosing. Each party has been fully advised of their respective legal rights and responsibilities and have accordingly reached this agreement voluntarily and knowingly. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to any and all legal or equitable claims not otherwise provided for or allowed within this agreement, inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divome Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each 3 party for future acquisitions of capital assets and income; the sources of income of both parties' including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto have divided equally all personal items consisting of, but not by way of limitation, the household furnishings, appliances, and other household personal property of whatever type, description, and form, between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest is such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which they have divided equally pursuant to this agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real of personal, whether such property was acquired before, during or after the marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 4 8. MARITAL PROPERTY: The parties to this agreement have a legal equitable and possessory interest in real property consisting of a 1999 Redman 16' x 70' mobile home, located at 55 Thompson Creek Drive, Shippensburg, PA. It is hereby agreed as between the parties that the Husband shall re£mance the home within a NINETY DAY (90) period from the date of execution of this agreement removing Wife's name from the outstanding loan due, owing and payable to People's Heritage Bank. If Husband fails to refinance the mobile home within ninety days, he will place the same for sale and upon its sale pay all outstanding liens and encumbrances existing at the time of sale. Upon the Husband refinancing the home removing Wife's name from the outstanding loan Wife will then sign full and complete legal title to husband thereby conveying all legal, equitable, and possessory ownership interest to Husband. and shall execute any and all documentation to effectuate this conveyance thereby releasing, and relinquishing any and all right title and interest that Wife may have a claim, to said marital home. Husband agrees to pay any and all expenses related to his occupation of the home and shall Indemnify and Hold Harmless, Wife from any liability emanating from his failure to make all necessary mortgage payments as well as any and all other expenses related to his possession and ownership of the marital home. 9. PAYMENT OF MARITAL DEBTS Husband agrees, covenant's and promises to pay Wife's automobile payments in the amount of $373.00 dollars, due, owing, and payable to Orrstown Bank, on the 1997 Chevrolet Lumina until the loan is paid in full. Husband covenant's that he will make all automobile payments on a timely basis. Upon the loan being paid off in full Husband agrees to convey all legal, equitable, ownership to Wife by signing title to said vehicle into Wife's name alone. Husband further agrees to make all payments due, owing, and payable, to Orrstown Bank, which encumbers the 1989 Chevrolet Blazer until said debt is paid in full. Furthermore, husband agrees to make all payments relative to the mortgage due, owing, and payable to Peoples Heritage Bank, which encumbers the 1999 Redman Mobile Home, until said loan is paid in full. Husband shall be solely responsible to pay the outstanding PSL loan held with Orrstown Bank, Account # 211300. 5 Husband shall indemnify and hold wife harmless for all of the aforementioned debts. The Joint bank account held with Orrstown bank account # 103000847 shall be closed and the proceeds evenly divided as between the parties. 10. POST-SEPARATION OBLIGATIONS The parties agree and acknowledge that any and all obligations incurred by either party subsequem to June 17~, 2003, the date of separation shall be the sole and separate liability and responsibility of the party incurring the obligation. Each party agrees that he or she will not attempt to, and/or incur any liability financial or otherwise, to which the other party may become liable in any capacity direct or indirect. To the extent that such party incurs a liability to which the other party may become liable, the party incurring such obligation shall indemnify and hold harmless the other party from any and all liability arising from such post-separation and/or future obligations. 11. MOTOR VEHICLES (A) Wife shall be entitled to retain both possession of and legal and equitable ownership of a 1997 Chevrolet Lumina. Husband agrees, covenant's and promise to pay Wife's automobile payments due, owing, and payable to Orrstown Bank, on the 1997 Chevrolet Lumina at the rate of $373.00 per month until the loan is paid in full. Husband covenant's that he will make all automobile payments on a timely basis. Upon the loan being paid off in full Husband agrees to convey all legal, equitable, ownership to Wife by signing title to said vehicle into Wife's name alone. Wife shall pay any and all expenses related to her possession and ownership of this vehicle and shall hold husband harmless and indemnify husband in the event of non-payment of expenses related to her ownership and possession of said vehicle except for the financing held with Orrstown Bank which husband shall pay solely. (B) Husband shall retain possession and legal and equitable ownership of the 1989 Chevrolet Blazer. Husband shall make all vehicle payments due, owing, and payable to Orrstown Bank, and shall pay any and all expenses related to his possession and ownership of this vehicle and shall hold Wife harmless and indemnify Wife in the event of non-paymem of expenses related to his ownership and possession of said vehicle. 6 12. SUPPORT Each party forever releases, relinquishes, and forfeits any and all claims against the other for Spousal Support, Alimony Pendente Lite, Alimony, Costs and Expenses and any and all other claims of support of any kind. Wife however shall have a claim for any and all of the above if Husband breaches his obligation to pay all vehicle payments relative to the 1997 Chevrolet Lumina. 13. PENSION PLAN(S): The parties release any interest in the opposite spouse's Pension, Retirement, Stocks, Bonds, or any other interest wheresoever located and which may have accumulated prior to, during or subsequent to the marriage. 14. COUNSEL FEES AND EXPENSES: Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall pay their respective counsel fees and shall not advance a claim for contribution from the other party. 15. WAIVERS 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 7 as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. 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. 16. SUBSEQUENT DIVORCE / ATTORNEYS FEES Upon the filing of a Divorce Complaint under any section of the Divorce Code of Pennsylvania this agreement shall be incorporated into but shall not merge into any such judgment or decree of final divorce. 17. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties to not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and 8 covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 18. 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. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them. 9 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and f'mal settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement. 21. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 22 MODIFICATION AND WAIVER: A modification and waiver of any of the provisions 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. 10 23. PRIOR AGREEMENT: It is understood and agreed that any and all property settlemem agreemems which may or have been executed prior to the date and time of this Agreement are null and void and of no effect as well as any verbal agreemems or representations occurring prior to the effective date of this instrument. 24. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. 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. 26. APPLICABLE LAW: This Agreemem shall be construed under the laws of the Commonwealth of Pennsylvania. 27. VOID CLAUSES: If any terms, conditions, 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. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 11 IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above Commonwealth of Pennsylvania County of Cumberland subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. over G. Hembaugh ~/ Title of Officer CommonFr'~lth of l~ennsylv~ania _ County o~,~/)~C'~ ~_C )~ On this, the ~ ,d~ of~~ A.D.2~3, before me aNota~ Public appeared G~ver G. Heinbaugh known to me ~s~sfacto~ proven) to be the person whose name is s~scribed to the within inst~ment, and ac~owledged t~t he executed the same for the pu~oses therein contained. INWITNESSWHE~I~eu~handa~d~ialseal. 12 MAyNOTARIAL SEAL PRIL D. SHEAFFER, Notary Public Carlisle, Cumberland County Commission Expires April 23, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ALECIA K. HEINBAUGH, Plaintiff, Vo GROVER G. HEINBAUGH, Defendant : No. 2003-3763 : Civil Action - DIVORCE ACCEPTANCE OF SERVICE I Grover G. Heinbaugh,, or my authorized agent, accept service of the attached Divorce Complaint, and accompanying documentation, in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ALECIA K. HEINBAUGH, Plaintiff, Vo GROVER G. IIEINBAUGH, Defendant No. 2003-3763 Civil Action - Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 4, 2003 and served upon defendant on August 9, 2003 by way of an Acceptance of Service. (Attached hereto). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses ifI do not claim them before a divorce is granted. 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: Grover G: He[nbahgh,' Defengl~nt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ALECIA K. HEINBAUGH, Plaintiff, GROVER G. HEINBAUGH, Defendant : No. 2003-3763 : Civil Action - Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DVORCE DECREE UNDER § 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, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Grover G. Hemb~ugh, Plaintif~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ALECIA K. HEINBAUGH, PLAINTIFF, VS. GROVER G. HEINBAUGH, DEFENDANT, Civil Action---Divorce Docket No: 2003-3763 PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (C) of the Divorce Code. 2. The complaint in Divorce was filed on the 4a~ day of August, 2003 and served by Acceptance of Service dated August 9, 2003. (Attached hereto) 3. The plaintiff, signed her Affidavit of Consent and Waiver of Notice of Entry of a Divorce Decree on the 12th day of November 2003 which is attached hereto. 4. The plaintiff served her affidavit of consent, and Waiver of Notice of Intent to request Divorce Decree on defendant on the l0th day of November 2003 and the same was signed the 26th day of November 2003. 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a marital settlement agreement dated August 13, 2003. 6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree on the 26a, day of November 2003 pursuant to Rule 1920.72 a copy of which is attached hereto Date: At~6rntgy for l~aintiff O 20 South Market Street Mechanicsburg, PA. 17055 717-790-0490 Atty. I.D. 69528 IN THE COURT OF COMMON PLEAS ALECIA IC HEINBAUGH, PLAINTIFF VERSUS GROVER G. HEINBAUGH, DEFENDANT Of CUMBERLAND COUNTY STATE Of ~~ PENNA. 03-3763 DECREE IN DIVORCE AND NOW, ~a~J~ ALECIA K. HEINBAUGH DECREed That GROVER G. HEINBAUGH AND 2003 , IT IS ORDERED AND , PLAINTIFF, , dEFENDANT, ARE DIVORCED fROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLIOWING CLAIMS WHICh haVE BEEN RAISED OF RECORD IN THIS ACTION fOr WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement executed on the 13tI' day of August 2003 shall be Incorporated into the Divorce Decree and shall not merge. BY THE COURT: // ~.~ - ~ dPrOTHONOTarY