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HomeMy WebLinkAbout03-5569 MARY ELLEN HEINLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. (j~ - ~<;'~I.'t ric>~L '-r&2-"l"\ JON D. HEINLY, JR., Defendant CIVIL ACTION - LAW : IN DIVORCE AND CHILD CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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 ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, P A 17013. 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. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, P A 17013 (717) 249-3166 MARY ELLEN HEINLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. JON D. HEINLY, JR., Defendant CIVIL ACTION - LAW IN DIVORCE AND CHILD CUSTODY A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIOO DEMAND ADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se Ie avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMTIOO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEV AR ESTE P APEL A UN ABOGADO DE INMEDIA TO. SO NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, P A 17013 (717) 249-3166 MARY ELLEN HEINLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-''-..)1, '/ CwJ~ JON D. HEINLY, JR., Defendant CIVIL ACTION - LAW IN DIVORCE AND CHILD CUSTODY COMPLAINT IN DIVORCE AND CHILD CUSTODY And now comes Plaintiff, Mary Ellen Heinly, by and through her attorneys, Law Offices of Craig A. Diehl, and files this Complaint in Divorce and Child Custody, respectfully stating in support thereof the following: I. Plaintiff is Mary Ellen Heinly, an adult individual who currently resides at 317 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Jon D. Heinly, Jr., an adult individual who currently resides at 317 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. COUNT I - DIVORCE 3. Paragraphs I and 2 above are incorporated herein as if fully set forth. 4. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Divorce Complaint. 5. Plaintiff and Defendant were married on September 12, 1992, in Snyder County, Pennsylvania. 6. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since July 8, 2002. 7. There have been no prior actions of divorce or for annulment between the parties. The mother of the children is Plaintiff currently residing at 317 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania. She is married. The father of the children is Defendant currently residing at 317 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania. He is married. 13. The relationship of Plaintiff to the children is that of mother. Plaintiff currently lives with: Name Jon D. Heinly, Jr. Samantha P. Heinly knna J. Heinly Relationship Defendant/Husband Daughter Daughter 14. The relationship of Defendant to the children is that off ather. Defendant currently lives with: Name Mary Ellen Heinly Relationship Plaintiff/Wife Samantha P. Heinly Daughter Jenna J. Heinly Daughter 15. Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the children. Plaintiffhas no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. The best interest and permanent welfare of the children will be best served by granting the relief requested by Plaintiff for the following reasons: (a) Since birth, Plaintiff has always been the primary care giver and she wishes to continue in that role; (b) Plaintiff is a stay-at-home mother and is able to provide a stable home environment for the children and will also encourage regular and frequent contact with Defendant. 17. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, Mary Ellen Heinly, respectfully requests that this Honorable Court enter a Divorce Decree as well as an Order of Court granting both parties shared legal custody, Plaintiff Primary Custody, with partial custody to Defendant, and granting such other relief as this Court deems just and proper. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: '1/ JtS/d 0 0,3 MARY ELLEN HEINLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. JON D. HEINLY, JR., Defendant CIVIL ACTION - LAW IN DIVORCE AND CHILD CUSTODY VERIFICATION I, MARY ELLEN HEINLY, verify that the statements in the foregoing DIVORCE COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: cr/Zslb3 (:) ~'i - - zS 2 ~ "'0 C\ f' r n ~ ~ ~::I) \) () 9 ~ 8 ~ I ~0 i?~ -Z"'-c tL. --, , f\ \(:J MARY ELLEN HEINLY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-5569 CIVIL ACTION LAW JON D. HEINLY, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, rida ,October 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that partie and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street Lemayne, PA 17043 on Tuesday, November 25, 2003 , the concil ator, at 11:30 for a Pre-Hearing Custody Con erence. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tempor order. All children age five or ]der may also be present at the conference. Failure to appear at the conference ma provide grounds for entry of at mporary or permanent order. The court hereby dire ts the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Cu tody orders to the conciliator 48 honrs prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevy. Esq. Custody Conciliator '-" The Court of Co mon Pleas of Cumberland COlmty is required by law to comply with the America s with Disabilites Act of 199 . For information about accessible facilities and reasonable accommodations available to disabled indivi ua]s having business before the court, please contact our office. All arrangements must be made at least 72 h urs prior to any hearing or business before the court. You must attend the schedul d conference or hearing. YOU SHOULD AKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY R CANNOT AFFORD ONE, GO TO OR TIiLEPHONE THE OFFICE SET FORTH BELOW TO F OUT WHERE YOU CAN GET LEGAL HELP. Cumberland COlU1ty Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3]66 ~.~ )i! ~ ~ [C7-(~ (J/ -~7 ~ ~ ~ ~~ COCf'.()/ ~ P ~ & ~ ~N E:O.(~(JI \ifNVA1ASNN3d JJ.Nnoa OMf'1839;'tflO 9Z :11 /.IV LZ 130 CO AWIO;\'Vi!.LObj 3H1. :10 3J/:JiC>CEl71;:! MARY ELLEN HEINLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. [)j - SS i.P q 6 V1" !e-rVVl JON D. HEINLY, JR., Defendant CIVIL ACTION - LAW : IN DIVORCE AND CHILD CUSTODY ACCEPTANCE OF SERVICE I, JON D. HEINLY, JR., Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce and Child Custody filed by Plaintiff. Service is accepted on the 1.:2. net day of ~ ,2003. J~z#dJl- MARY ELLEN HEINLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.03-5569 CIVIL TERM JON D. HEINLY, JR., Defendant CIVIL ACTION - LAW : IN DIVORCE AND CHILD CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Jon D. Heinly, Jr. 317 Geary Avenue New Cumberland, P A 17070 Mary Ellen Heinly 317 Geary Avenue New Cumberland, P A 17070 LAW OFFICES OF CRAIG A. DIEHL Date: IOI'7J/jt/3 By: r1VlfAA. a 4~ tfal;-(ljay, u~ Assistant 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 (') c-.> 0 C (..,.) T, s: .~ "ffi ,-, f~'--~ ;r; !ti' .~ '-i ._r_ 6.ic;.~ N :;:::') u::> :~~,~C) ~&~ :< " ",. ~~' =H ~8 :x C)_.~ '7f..') S'? ::5" ~ ~ CJl :D +:- -< MARY ELLEN HE NLY, Plaint ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03- 55 (, 4-- CIVIL ACTION - LAW JON D. HEINLY, J Defen ant IN DIVORCE AND CHILD CUSTODY CUSTODY AGREEMENT AND STII'ULATION AND NOW, t e parties, Mary Ellen Heinly, hereinafter referred to as the "Mother", and Jon D. Heinly, Jr., herein fter referred to as the "Father", enter into a Joint Stipulation of Custody in Cumberland County, ennsylvania, with regard to their children Samantha P. Heinly, born June 28, 2000, and Jenna J. He nly, born on February 3, 1993 state the fDllowing: I. Plainti f is Mary Ellen Heinly, (hereinafter "Mother"), an adult individual who resides at 317 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defen ant is Jon D. Heinly, Jr., (hereinafter "Father"), an adult individual who resides at 317 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. e 28, 2000, and Jenna J. Heinly, born on February 3, 1993 (hereinafter ies are the natural parents of two (2) children, namely Samantha P. Heinly, referre to as the "Children"). 4. No Or er of Court for custody of the Children presently exists between the parties and the parties now seek to have an Order of Court entered that includes the terms of this tipulation. 5. Since t eir separation, the parties have primarily resided in the same residence, yet they wi h to physically separate and exchange custody upon mutual agreement with Mothe having primary custody and Father having periods similar to a weekend period as permitted by Father's work schedule, on an alternating week basis and other t mes as agreed. 6. The p rties now stipulate and agree to the terms of this agreement to establish an Order or Custody to be docketed to the above-referenced civil docket number. 7. The pr posed custody order is in the best interest of the Children because it provides the chi dren with a structured schedule that encourages continuing contact with both parent . 8. ies further expressly agree that they shall each be flexible with the custody arrang ments and each party shall not unreasonably withhold their consent to alter the sc dule of the Order for Custody when requested by the other party. They also agree t listen carefully and consider the wishes of the Children in addressing the custod al schedule, and changes to the schedule, and any other parenting issues. 9. The p rties stipulate and agree that the terms for custody of their daughters, Saman a P. Heinly and Jenna J. Heinly shall bt: as follows: a ) Legal Custodv - The parties shall have shared legal custody of the minor children. Except in the case of an emergl~ncy, all major parenting decisions concerning the health, education and safety will be made by agreement of both parents. It is further specifically agreed that both parents shall be entitled to equal access to all school, medical and dental records. b) Phvsical Custodv - The parties specifically agree that Mother, Mary Ellen Heinly shall have primary physical custody of the Children and that Father, Jon D. Heinly, Jr. shall have partial custody periods with the children every other Sunday from 7:30 p.m. through TUo~sday at 7:00 p.m., as permitted by Father's work schedule and other times as mutually agreed by the parties. Father's alternating weekend periods shall begin the first weekend Father moves from the parties' joint residence. c) Holidavs - The parties shall alternate physical custody of the Children on the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving beginning with Mother having custody of the Children on Memorial Day, 2003. The holiday periods of custody shall be from 9:00 a.m. through 5:00 p.m., and the holiday periods of custody supersede the regular custody schedule. d) Christmas - The parties agree that the Christmas holiday shall be divided into two (2) custody periods with the first one being from noon December 24th through noon December 25th and the second one being from noon December 25th through noon December 26th. The parties shall alternate the Christmas holiday periods annually beginning with Mother having the first Christmas custody period in 2003. e) Father's/Mother's Dav - Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. The custody periods shall be from 9:00 a.m. through 5:00 p.m. f) Vacation - Mother and Father agree that they shall each be entitled to one (I) week of custody each summer for the purpose of vacations. The summer vacation custody period will supersede the regular custody schedule and each parent shall give the other thirty (30) days notice of the dates of the summer custody periods for vacations. g) Agreement to Vary - Mother and Father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. h) TransDortation - The parties agree that they shall share equally transporation. i) Extracurricular activities - Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that the Children wishes to engage in. During the times that the parents have custody of the Children, they will make c.ertain that the Children attends any extracurricular activities. The parties agrt:e that they will be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children is able to participate in those events. j) Contact information - Each parent shall keep the other parent notified of his or her address and telephone number. k) hildren's well-bein - The parties realize that the Children's well-being is aramount to any differences they might have between themselves. herefore, they agree that neither party will do anything that may estrange e Children from the other parent, injure the opinion of the Children as to the ther parent, or which may hamper the free and natural development of the hildren's love or respect for the other parent. I) Modification - No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. m) Order of Court - The parties expressly stipulate and agree to have the terms of this Stipulation entered as an Order of Court for child custody to the above-captioned docket. n) Restraints - Each party expressly agrees to ensure that the Children is properly secured in the proper child seat/restraints and seat belts when the children is transported in an automobile and the parties also agree that neither party shall consume alcoholic beverages prior to transporting the children. 12. This A reement is binding and enforceable when signed by Mary Ellen Heinly and Jon D. einly, Jr. Both parties agree that this Stipulation shall be incorporated into an Ord r ofthe Court of Common Pleas of Cumberland County, Pennsylvania to the above- aptioned docket number and they further agree that this Stipulation fully resolve any and all child custody issues between the parties. WHEREFOR ,the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verify that e statements made in the foregoing docwnent are true and correct to the best of our knowledge, in!) rmation and belief. We understand that false statements herein are made subject to the penaltie of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Witnesses: NDA A.CLOTFEL ER, A torney for Plaintiff ~~~L~;?~ ON D. H :INL Y, ., D end~t OF PENNSYL VANIA COUNTY OF CUM On this 2 day of ()("!h hv, 2003, before me, the undersigned officer, personally ap eared MARY ELLEN HEINL Y, known to me (or satisfactorily proven) to be ss. the person whose n is subscribed to the within Agreement, and acknowledged that she executed the same for the purp ses therein contained. QC~ , Notary Public NOTARIAL SEAL WILLIAM D. WIERHMJ, NO!JTY Public New Cumberb..-,c; (,- :~;J;;;J~~';!J.nd Co. My Commission Expires Sept. 15,2004 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMB day of Och b,v , 2003, before me, the undersigned officer, personally app ared JON D. HEINLY, JR., known to me (or satisfactorily proven) to be the person whose name is ubscribed to the within Agreement, and acknowledged that he executed the same for the purposes erein contained. C)c)rvr, Notary Public NOTARIAL SEAL WILl.1AM D. WI[:R'fiMJ, Notary Public NCIJ'I Curnl~:~(;"J.~: " G:..:mbcrland Co. My Commission Expires Sept. 15,2004 2i Cl ~ W 0 ::;J n n~? -I N -{,rn ~~.. ..0 :s:~ C;' ~. 96 {-', ;f:B l~ :;0- :JJt 9.0 ,,,-m <:P. f';y :~ :1l ~ Ul b MARY ELLEN HEINLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03- 5569 CIVIL ACTION - LAW JON D. HEINLY, JR. Defendant IN DIVORCE AND CHILD CUSTODY ORDER AND NOW, this 3 rd day of tv '=>'\1 (7 ~ b u ,2003, upon consideration of the Joint Custody Stipulation and Agreement of the parties to this proceeding, the Court hereby incorporates the Stipulation by reference into this Order of Court. BY THE COURT: i~e rti , J. 1f It &;\ - -;-~ .J)<:> r6 G ~J' VIN'V^lASNN3d ,uNn:,,) C1'.rv'IH?m'IJrlO 9S :0/ wv '1- {\ON CO lUCI10"dU'" '1"" , ....'1 JO I\~l/. ,1\1 n l)(;JU .:11'_.;;1' 3Ol:J:iO-{H11:l ':C) I NOV ~03 MARY ELLEN HEINLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5569 CIVIL TERM v. CIVIL ACTION - LAW JON D. HEINLY, JR., IN CUSTODY Defendant I I ORDER TO RELINQUISH JURISDICTION I I I AND NOW, this 3'd day of November, 2003, the parties having reached an agreement WhiChl has been memorialized in a Stipulation and filed with this Court on October 29, 2003, the Conciliato~ hereby cancels the Custody Conciliation Conference scheduled for November 25, 2003 and relinquishes jurisdiction of the above captioned matter. FOR THE C~ ~)iJ~)~ D---l Melissa Peel Greevy, Esquire Custody Conciliator cc: )::1nda A. Clotfelter. Esquire. 3464 Trindle Road, Camp Hill, PA 17011 ;,odon D. Heinly, Jr., 317 Geary Avenue, New Cumberland, PA 17070 :220383 ~~o L'O \,J ,'".\Y1 &' r MARY ELLEN. HEINLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERlAND COUNTY, PENNSYLVANIA vs. : NO. 03-5569 CIVIL TERM JON D. HEINLY, JR., Defendant : CIVIL ACTION -lAW : IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 22, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if 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 to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~ 1<] I{)C;: ~ ~ ~ <T> (") ~ ""("\1'-::; r/1 \; ~:;;}'- /"..\., ~~';~ r':::l. 'ice; . ,_,..l %~~. ~ - ~ ~"n rflr=: -om %~1~' ::.r:...,.., ()-- ~?o ;:{n ""' ~ .:<;: ..0 -0 ::l!: s:- - c::> VVJt&- MARY ELLEN. HEINLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERlAND COUNTY, PENNSYLVANIA vs. : NO. 03-5569 CIVIL TERM JON D. HEINLY, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !l3301 (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. ~ 4904 relating to unsworn falsification to authorities. Date~ /'6 (0 S- M o c: ~ "'oce ITlt\' :Z:''"j. 4f~ 0' ,,~ .-< . ~~, ""'C Z -4 -< ...., = = C.n ". c: en ~ S:!." n1- :B~ C){c~ - "-r, X:n ~o ""-rn ~ "" ';0 0< ..0 -0 :;:J:: .r.- o CW"GJ- MARY ELLEN. HEINLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERIAND COUNTY, PENNSYLVANIA VS. : NO. 03-5569 CIVIL TERM JON D. HEINLY, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 22, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if 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 to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: B!IS!c6 w~LJ<.4/~~ ~ JoN D. HEINLY, JR., efen ant 0 ,...., ~ = c: = C7 CJ' ..." :t'" ~:n -o\:~4 rill" c;: -/ y} :gr;. .' ;;:l. tfl:. ,;.; - :1 C? ..0 0 r:: " "CU ..~'-' ..., - ... ;',," -- ?'):rJ ';2:'-, ::it ~a ~,-'c' ~rr' ?C: r- 0 -~ ~ - ~ - -< C:r 'c, t" MARY ELLEN. HEINLY, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5569 CIVIL TERM JON D. HEINLY, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Ii 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. ~ 4904 relating to unsworn falsification to authorities. Date: B /f B /laYS ~ cf)o\b_tJf!/l N D. HEINLY< , fendant g z::. -'tier, ~~; ~~~-' )?c: ~ ~ 'fl, ~ '" - oJ:) ~ -0 .,:; ~ ~1:JJ f1r-: --00 -J) L Ou 9-:;; 0(5 z. f1' 9 ~ - - 03- ~S-(. ~ MUUUTALSETTLEMENTAGREEMENT THIS AGREEMENT, made this 18th day of August, 2005, between MARY ELLEN HEINLY, (hereinafter referred to as WIFE) and JON D. HEINLY (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 12,1992, and they have been separated within the meaning of the Pennsylvania Divorce Code since July 8, 2003 and WHEREAS, there are two (2) children born of this marriage, namely Jenna Jo Heinly (age 12) having been born February 3, 1993, and Samantha Paige Heinly, (age 5) having been born June 28, 2000; and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented in this proceeding by Linda A. Clotfelter, Esquire and Husband has been unrepresented, but understands that he has the right to have independent legal representation in this matter. Husband has knowingly and willingly decided not to seek independent legal counsel this matter, despite Wife's encouragement to do so. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. WHEREAS, the parties acknowledge that they fully understand the facts, and they -1- acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or -2- any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 18. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against -3- each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decision on the matters covered by this Agreement, -4- which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventorv: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense staternent of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. c. Discoverv: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specificall y ordered by the court. d. Determination of Marital and Non-Marital Propertv: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EOUlTABLE 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 3502 of the Pennsylvania Divorce Code. The division of existing marital -5- property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR AND OTHER VEHICLES. With respect to the motor vehicles owned by one or both of the parties, the parties agree as follows: 1) Possession: Each party shall have exclusive use and ownership of the vehicle(s) presently in his or her possession. If necessary, each party agrees to execute any and all documents waiving any rights he may have in the vehicle now within the possession of the other party including the title. Each party shall be solely responsible for any and all financial and other liabilities and obligations related to the vehicle(s) to be retained by the respective party, including but not limited to the any secured loans for the vehicle, insurance and any and all other expenses and he or she shall hold the other party harmless from same. 2) Identification: Identification of a vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it has been sold or traded in prior to the date of this Agreement. 3) Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating the transfer as herein as soon as is administratively possible, acknowledging that same may be delayed due to the encumbrances on the vehicles. 4) Title and Power of Attomev: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. 5) Liens: In the event that any Vehicle is subject to a lien or encumbrance, the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. 6) Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall be come the sole and separate property of the other party pursuant to the terms of this Paragraph. 7) Insurance: Each party shall be solely responsible for maintaining the automobile(s) he or she has and shall hold the other party harmless for same. -6- B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto are in the process of dividing between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. The household and personal property within each party's custody and control shall become that party's sole and exclusive property, unless otherwise agreed by the parties. Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or as per the time limitations described, above, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. C. PENSION. PROFIT-SHARING. RETIREMENT. OR OTHER PLANS RELATED TO EMPLOYMENT. Each of the parties hereto expressly waives and relinquishes any right, claim, title or interest in any pension, profit-sharing, retirement, other employment-related or retirement plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. If either party withdraws any sums from any retirement plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. D. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS AND INVESTMENT ACCOUNTS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts, investment accounts, and other similar accounts. E. REAL ESTATE. The parties acknowledge that during the marriage they jointly owned residential real estate that was utilized as the marital residence and more -7- commonly known as 317 Geary Avenue, New Cumberland, Pennsylvania. The parties have agreed that Wife shall retain the marital real estate and Husband shall waive any and all rights that he may have had, he may now have, or he may have in the future in the real estate, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code. The parties agree that Husband and Wife shall execute a deed within seven (7) days of the date of execution of this Agreement, conveying the real estate from both parties to Wife's name alone. The deed, once executed by the parties, will be held in escrow by Wife's counsel until such time as Husband is released from the mortgage and promissory note on the property. a. Wife's occupancy. The parties agree that Wife shall be entitled to exclusive occupancy of the real estate and Wife shall pay all expenses relating to the Real Estate, including, but not limited to, the mortgage, real estate taxes, insurance, utilities and the like and she shall hold Husband harmless for same. It is further agreed that all household utility accounts not in Wife's name alone, shall be transferred to Wife's name alone within ten (10) days of the execution of this Agreement. b. Wife's refinance. Wife further agrees to apply to refinance the mortgage such that Husband is relieved of any and all liability for same within one (1) year from the date of execution of this Agreement. Wife shall be solely responsible for any and all costs associated with her refinance of the mortgage pursuant to this Agreement. If Wife is not able to effectuate the refinance of the Real Estate within one (1) year from the date of execution of this Agreement, then the Real Estate shall be listed for sale and the property shall be sold to a third party such that the mortgage is paid in full, thereby releasing the parties from same. c. Distribution of Proceeds upon Sale. If the Real Estate is sold to a third party, upon settlement, the net proceeds derived, after payment of the mortgage and all other normal and reasonable settlement costs shall be distributed to Wife. If the Real Estate is sold to a third party, each party agrees to execute a deed conveying the Real Estate to the third party immediately upon a request for same. 8. DEBTS. Husband represents and warrants to Wife that since the 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the -8- future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. The parties also agree that neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Furthermore, any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to share equally the attorney's fees and costs incurred with respect to the negotiation and drafting of this property settlement agreement and the divorce proceedings related thereto. 10. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. Both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties 11. CHILD SUPPORT. The parties expressly agree that Husband shall pay directly to Wife basic child support equal to $83.00 each week as well as the cost of daycare on a weekly basis, said daycare cost presently being $120.00 per week. It is the express intent of the parties to continue to conduct their child support payments directly between the parties without a court order or court intervention. However, should Husband, fail to pay as per this Agreement of the parties, Wife may have this agreement entered as an Order of Court through the Domestic Relations Section of the appropriate court or seek other remedies available to her pursuant to Pennsylvania law. 12. DIVORCE. A Complaint in Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania to Civil Docket Number 2003-5569, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce -9- Code concurrently with this Marital Settlement Agreement. It is the intent of the parties to finalize their divorce immediately. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 13. BANKRUPTCY. The parties further warrant that there are no bankrupctcy proceedings pending with respect to them. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 14. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 15. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by -10- Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the 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 the Agreement. 17. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 789 3502(e), and any additional rights and -11- remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attornevs Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforce by the non-breaching party. 20. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 21. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 22. 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, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. SEVERABILITY. 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 shall continue in full force, effect and operation. 24. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 25. 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. -12- 26. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: ~~f!1:tkuY(J ~ctJ (lhe~ N D. HEINLY -13- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF C 11).)., ~~1.A-t-J i~ On this JB1l-day of -Aul.T1U 'ZiT ,2005, before me, the undersigned officer, personally appeared MARY ELLEN HEINLY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. *1 Jl'UIN. -.l.... ...., NIIl: 1Mll.._~m- _COUNlY -Q,J - . . ......-II.1lID9 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF fuJJ.fof:;'t().dVi) On this 15~ay of -Aul.f)U-~ , 2005, before me, the undersigned officer, personally appeared JON D. HEINLY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. ~I_" IIIlCIY l.... ...., NIIl: _I ~ MIl ':ell ~COlNY ..,ccx..... ''''Jun22,2G09 -14- _Iff Ot" f)I#C1/IIJ~ ,;IdU"l~ 'fWNO,,-=:,,:,,,,,,,,-- <IOlK .u............- 11'10'.... ....> 0 cc> -= -n c.T' ~ :t-n G> n'r -or., - -~1r"'1 \.0 (2~) ...--- ...- ,! ., ....., "~~-) :!J , ~ ,.0 (~~:: ~'.::.rn ;;:- ,/ -, :2_ .~ ::<: - .< 1jl.1i! JlMlCJ1l 'lfIIOH ,"'I:lIl# .,\ICl>.A"~ fI\IlIIOJUO'.\III_"O'lll'l~ ..uo~ ,~~"",,,,,,,,,,~;~:),M MARY ELLEN. HEINLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V8. : NO. 03-5569 CIVIL TERM JON D. HEINLY, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce 2. The Complaint was filed on October 22, 2003. 3. Date and manner of Service of the Complaint: September 1, 2003 by Acceptance of Service of Defendant, as evidenced by the same filed on October 29,2003. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on August 18, 2005 and filed on August 19,2005. The Defendant's Affidavit of Consent was executed on August 18, 2005, and filed on August 19, 2005. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on August 18, 2005, and said waiver was filed on August 19,2005. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on August 18,2005, and said waiver was filed on August 19, 2005. 6. There are no related claims pending. The parties have resolved all related issues by written Marital Settlement Agreement dated August 18, 2004, which will be incorporated into the Divorce Decree as per Paragraph 15 on page 10 of the Agreement. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date:~ L nda A. Clotfelter, Esquire ttorney I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 telephone (717) 796-1933 facsimile CJ G ;;:: ~ ~ ~ G'> - <D -0 ';ll: r.- ., q, ~::!J "'e "'0.' :53 .J 9,<-..> ::'C:>;-\ go "'-rn <::), ~ CJ \.0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . it' ;Ii;li'+' "" IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. MARY ELLEN HEINLY PLAINTIFF No. ~3-5569 VERSUS JON DAVID HEINLY, JR. DEFENDANT DECREE IN DIVORCE AND NOW, Au~"d IT IS ORDERED AND ;Zl.\L,2005 DECREED THAT Mary Ellen Heinly , PLAINTIFF, . . Jon David Heinly, Jr. , DEFENDANT. . AND . . * ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . 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; * . . . . . . . . . IT IS FURTHER ORDERED that the tenns of the Marital S"ttlement Agreement of the parties dated August 18, 2005, sball be incorporated herein, but not merged, for the purposes of enforcement only, as per Paragraph 15 on page 10 of same. "i ., T", COU,"' /7 t!t ~ w", r (J Am :a) . ~~ { . . . . ? /~ , , , ,. ..~ ~. ,....... , . . ." """- _.&...~-.. .' ...... .'0,. _,\.r-. - ....... .... ~ ., - PROTHONOTARY . . . . . -'"' .... ""-"""" ....--1"; '''/./' '-. ..-~' , J' -'----- . o.o.o.Oo.oo..,;j~:.:-t.,,~~~o.o. .. . '. . . . '+ '+ :t; '+ Of. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . .' . h 1. ~ ""p'" JI7.r;f$ ~r 1-~ ~p1J 5fJ. 0[. j . ,} 'II" .,~ .. ,. ~ ..,......:.:. ",. ... ",," '.~