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HomeMy WebLinkAbout01-0268MARY E. HEFFLEFINGER, Plaintiff Vs. RODGER L. HEFFLEFINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - .2(,t? CIVIL TERM IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff SAIDIS, TUFF & [ASLAND r9RNn7S-ATAAW W. Nigh Street Carlisle, PA By: ? Date Ca of J. Lindsay, Esquire I 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 MARY E. HEFFLEFINGER, Vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA RODGER L. HEFFLEFINGER, Defendant CIVIL ACTION - LAW NO. 01 - CIVIL TERM : IN DIVORCE COMPLAINT MARY E. HEFFLEFINGER, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C., respectfully represents: 1. The Plaintiff is Mary E. Hefflefinger, who currently resides at 1839 Ridge View Drive, Carlisle, Cumberland County, Pennsylvania, where she has resided since January 12, 2001. 2. The Defendant is Rodger L. Hefflefinger, who currently resides at 75 East North Street, Carlisle, Cumberland County, Pennsylvania, where he has resided since 1984. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 28, 1984, at Carlisle, SAIDIS, 3UFF & Pennsylvania. IASLAND Hig Khuw W. ela n Street 5. That there have been no prior actions of divorce or for annulment between W. Carlisle, PA the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff SAIDIS, 3UFF & [ASLAND TOMMAT•LAW W. High Street Carlisle, PA By: Date: I // 2191?1 ba I J. Lind; y, Esquire 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. i1ary E. H fin er, Date: SAIDIS, RUFF & RASLAND rfORNMI-AT•LAW 6 W. High Street Carlisle, PA + MARY E. HEFFLEFINGER, Plaintiff/Petitioner Vs. RODGER L. HEFFLEFINGER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - a 1? CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this \T m u o) 2-3 2001, upon consideration of the within Petition for Special Relief, a Rule is issued upon Respondent to show cause why if any he should not be ordered to faithfully collect the rents on the rental property and from those rents pay the mortgage, taxes and insurance on that property, along with any necessary repairs; and why he should not be ordered to make no withdrawal from the Tucker Anthony investment accounts in his name only pending equitable distribution. RULE returnable at a hearing set for the /q fem. day of 2001, in Court Room No. of the Court House in Carlisle, Pennsylvania, at ?' 3D o'clock PENDING the hearing, Respondent is enjoined from making any withdrawals from the Tucker Anthony accounts described in the Petition, or alienating, dissipating or appropriating any of the rents from the parties' rental income except to pay the SAIDIS, mortgage, taxes, insurance and necessary repairs. 3UFF & I.?AS?T,ANAD By the Court, C i W. High Street Carlisle, PA LJ"r 1 013 .0 ViVIN AS1N' N d c1 i:V ed_?{ 10 MARY E. HEFFLEFINGER, Plaintiff/Petitioner Vs. RODGER L. HEFFLEFINGER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF NOW comes Mary E. Hefflefinger, by and through her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on April 28, 1984. 2. On the same date as the date of this Petition, Petitioner filed a Complaint in Divorce. 3. The parties are owners of certain rental property at 73-75 East North Street, Carlisle, Pennsylvania, and 69 East North Street, Carlisle, Pennsylvania. Respondent collects the rents on four units, depositing it into his business account, from which he pays the mortgage and costs of maintaining the apartments. 4. Additionally, all marital investment accounts are in Respondent's name only, those being at Tucker Anthony in Carlisle, Pennsylvania, and at Commerce Bank. 5. Petitioner believes and therefore avers that equitable distribution in the SAIDIS, TUFF & captioned case would be frustrated if Respondent did not faithfully collect the rents IASLAND POMIS•AMM and pay the mortgage encumbering the rental property, reserving any balance of rent W. High Street Carlisle, PA for taxes, insurance and necessary repairs pending equitable distribution, and if Respondent were to invade the investment accounts at Tucker Anthony. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause why he should not be ordered to collect the rents from the rental property, make the mortgage payments therefrom and reserve the rest of the rental payments for payment of taxes, insurance and necessary repairs, and why he should not be ordered not to invade any account at Tucker Anthony pending equitable distribution without the written agreement of Petitioner. SAIDIS, SNUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff SAIDIS, HUFF & 4ASLAND rrORNEYS•AT•LAW 6 W. Nigh Street Carlisle, PA By: i y, Esquire Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ry E. Heffle '? I?)K4 Date: / SAIDIS, HUFF & "ASLAND MORMWAT-LAW 16 W. High Street Carlisle, PA a ? a a F ? x r a y , x C/I m w w a x N v? P J A Old J G r o O ? Y N yy ?y [s1 V J S f = " t" J J D y N ? O U O m MARY E. HEFFLEFINGER, Plaintiff VS. RODGER L. HEFFLEFINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - Q( ,00? CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE AND now, this [ day of I `l Lam' 2001, I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHLZ FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, RODGER HEFFLEFINGER, on February 6, 2001, with the Complaint in Divorce by Certified Mail, Restricted Deliver, Addressee Only, Return Receipt Requested, addressed to: Rodger Hefflefinger c/o Wayne and Mary Hefflefinger 325 Greason Road Carlisle. PA 17013 and proof thereof, the signed Return Receipt Card, is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By Carol J. indsay, Esquire IDIS ID{# 44903 FLOWER 26 t High Street VDSEY YSsAT*LAW Carlisle, PA 17013 ; ligh Street (717) 243-6222 Isle, PA MARY E. HEFFLEFINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - CIVIL TERM RODGER L. HEFFLEFINGER, Defendant IN DIVORCE PROOF OF SERVICE ¦ CamplraMN . 1, 2, and J. Abo oamplsta item 4 If Restricted Delivery is desired. • F%nt your name and address. on the reverse ?o that we can return the card to you. •Mach this card to the back of the mailpiece, or on the. front If space permits. 1.. le Addressed to, 5 Sc"?-N o0.? _ by f? paI/t GAM W ft. Oft fO r'F+f' r Signet 13 t??6aRrtaC/ nddrww D. Is del rasa different ? Vas If YES, enter delivery address below: ? No 4. Restricted Delivery? Xdre Fee) Yes 3. Service Type 1Mrtified Mail ? Express Mail ? Registered ? Return Receipt for Mercha dow ? Insured Mail ? C.O.D. 2. Article Number (Copy from service label) 1709,? 5gW00ta 5241 1158 ?j€CaVG{ ?1J,J?D??£SSEL 0Q PS Fpm 3811, July 1999 Dprostic Return Reoso teYSS5.00-m-ow iAIDIS T, FLOWER LINDSEY EE-YS-AT-LAW V. High Street '.arlisle, PA a a a V1 x r a y > ? , ? x m N N .y. > 5 pw > w N O ?, y x O N y Pig 2, r y _J S r o ?0 3 Qo _ J _ ? ? r J J Y N yV? ? r YI 1 1 ' rJ MARY E. HEFFLEFINGER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-268 RODGER L. HEFFLEFINGER, Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of IM v cr ? 2002 upon consideration of the attached Petition, a Rule is hereby issued upon the Plaintiff to show cause, if any he has, why the relief requested therein should not be granted. Rule returnable 20 days from service upon Plaintiffs counsel of record. BY THE COURT, Distribution: , V%' V (,-)4 ,/Carol A. Lindsay, Esquire (Attorney for Plaintiff) 26 West High Street, Carlisle, PA 17013 //?amuel L. Andes, Esquire (Attorney for Defendant)] 525 North 1 2`h Street, Lemoyne, PA 17043 J. 0.3-0 -oa R?5 A(i 7? r MARY E. HEFFLEFINGER, Plaintiff VS. RODGER L. HEFFLEFINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-268 IN DIVORCE PETITION TO VACATE OR MODIFY PRIOR ORDER OF COURT AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to vacate or modify its order of 23 January 2001, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. Shortly after this action was commenced, Defendant filed a Petition for Special Relief requesting that various investment accounts and other assets of the parties be frozen and that neither party make any disbursement of funds or income from those assets. In response to that Petition, this court entered an order, dated 23 January 2001, scheduling a hearing and enjoining Defendant from making any withdraws from identified investment accounts or disposing of any of the rental income from properties owned by the parties. 3. The hearing scheduled on Plaintiff's Petition was postponed and has never been held. As a result, this court's interim order has now been in effect for more than one year. 4. The restriction on assets requested by Plaintiffs in her original Petition is not necessary because the parties own more than sufficient assets to secure her interest in the marital property. The assets that the parties own, including the following: A. An apartment building at 73-75 East North Street in the Borough of Carlisle which has a value of $104,000.00. B. An apartment building at 69 East North Street in the Borough of Carlisle which has a value of $88,000.00. C. A tract of mountain land with a cabin, located in Lower Frankford Township, Cumberland County, which has a value of approximately $35,000.00. D. An investment account in Defendant's name with Tucker Anthony Investments which has a balance of approximately $30,000.00. E. A second investment account in Defendant's name with Tucker Anthony Investments which has a value of approximately $12,000.00. F. An individual retirement account in Defendant's name with Tucker Anthony Investments which has an approximate balance of $6,000,00. The above assets are subject to liens which encumber them which have a total balance due of approximately $151,000.00. As a result of that lien, the parties' total equity in the assets they own, which are subject to the divorce litigation, is approximately $124,000.00. 5. The parties have previously agreed, in a written Post-Nuptial Agreement they have signed, that wife has already received, and should be charged with receipt of, marital assets having a value of $126,000.00. As a result of that agreement, it is unlikely that Plaintiff will receive any substantial portion of the above assets. Attached hereto and marked as Exhibit A is a copy of that Post-Nuptial Agreement. 6. Security for Plaintiff, in the form of the accounts being frozen, is not necessary in this action for the following reasons: A After applying the credit for which Plaintiff is to be charged pursuant to the parties' Post-Nuptial Agreement, it is very unlikely Plaintiff will be awarded any marital property. B. The real estate owned by the parties, in which they have equity of approximately $76,000.00, cannot be sold, encumbered, or alienated without the mutual consent of both parties. As a result, Plaintiff's interest in the marital property is adequately secured by her interest in that real estate. 7. The accounts at Tucker Anthony Investments which were frozen by this court's order of 23 January 2001, are needed by Defendant to operate his business, to maintain the assets of the parties, and to meet his other financial needs. 8. Tucker Anthony Investments has notified Defendant that it is closing its Carlisle office and that its investment personnel are being laid off or transferred to another office. As a result of that action by Tucker Anthony Investments, Defendant wishes to move his investment accounts to another broker or investment company. 9. The security requested by Plaintiff and granted to her on an interim basis by this court's order of 23 January 2001, is not necessary and imposes an unreasonable restriction and hardship on Defendant. WHEREFORE, Defendant prays this court to vacate its order of 23 January 2001, or to modify the order to remove the restrictions on the assets and incomes of the parties. el L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12`n Street Lemoyne, PA 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: QC - Da 1!n CKA RODQJM L. HEFFLEFI0 V V Agreement (Mary and Rodger Hefflefinner) 10/17/2000 POST NUPTIAL AGREEMENT The parties hereto are MARY E. HEFFLEFINGER of 73-75 East North Street, Apartment #1, Carlisle, Cumberland County, Pennsylvania 17013, hereinafter WIFE and RODGER L. HEFFLEFINGER of 73-75 East North Street, Apartment #1, Carlisle, Cumberland County, Pennsylvania, 17013, hereinafter HUSBAND. WITNESSETH WHEREAS, the parties hereto are HUSBAND and WIFE having been joined in marriage on April 28, 1984: and WHEREAS, the parties wish to facilitate the payment of a certain obligation of MARY E. HEFFLEFINGER to WILLIAM K. JENKINS and CATHY S. JENKINS; and WHEREAS, the parties desire to make certain agreements as to the nature of the marital property and any debt incurred by MARY E. HEFFLEFINGER to WILLIAM K. JENKINS and CATHY S. JENKINS; and WHEREAS, in the event that the parties divorce, they wish to settle certain property and debt issues between, which settlement shall survive any Decree in Divorce, obtained at any time by either party. NOW THEREFORE, in consideration of mutual promises contained herein and UDIS R.OW other good and valuable consideration, receipt of which is hereby acknowledged, the Nam aost«r parties agree as follows: lwe PA 1. The parties have obtained a mortgage on their property located at 73- 75 East North Street, Carlisle, Cumberland County, Pennsylvania. One Hundred Agreement (Mary and Rodger Hefflefinger) 10/17L'000 I Thousand dollars ($100,000.00) from the proceeds of said mortgage has been paid by WIFE to WILLIAM K. JENKINS pursuant to an agreement dated April 11, 2000. 2. The parties borrowed $32,000.00 from Keystone Financial to pay off several credit cards, of which payment of $25,000.00 was WIFE'S own separate debt and $7,000.00 was a marital debt. Additionally WIFE used $1,000.00 from the parties savings account for her own non-marital purposes. 3. In the event that the parties divorce, WIFE hereby acknowledges that she has received in equitable distribution $126,000.00, by virtue of the amounts referred in Paragraph One. WIFE will receive credit for its receipt less any debt incurred to provide the advances to her and which she is required to pay as a part of a Court Order entered with a Decree in Divorce or by the Agreement of the parties. IN WITNESS WHEREOF, the parties hereto have set their hand and seals as LOWER )SAY ns??c PA the date above first written. /j Cl DR odge ? nge?g4e I nge r Witness f /f y IE. " ifl Mary E. ' efi ger % itness TRUE COPY FROM RECORD In Tsstlmony wttereof, I here unm ad my hang and of said rt t isle. Pd. 7 diry 1 his Prothonotary 2 ? ,: c .? ,_ ?=;;\_ -: _, =?_: _ '` c -; =-- ''? C_ '"f __ ,:- MARY E. HEFFLEFINGER, Plaintiff/Respondent VS. RODGER L. HEFFLEFINGER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 268 CIVIL TERM IN DIVORCE ANSWER TO PETITION TO VACATE OR MODIFY PRIOR ORDER OF COURT NOW COMES Mary E. Hefftefinger, Respondent, by and through her counsel, SAIDIS, SNUFF, FLOWER & LINDSAY, and answers the Petition to Vacate or Modify Prior Order of Court of January 23, 2001, as follows: 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, the continuance on the hearing on Plaintiffs Petition was by agreement of the parties with the understanding that the temporary Order would remain in effect. 4. Denied that the restriction on assets is not necessary, the assets so restricted being the only liquid assets in the marital estate. Admitted that the parties own certain other assets. Denied that the values are those as stated in the Petition. SAIDIS FF, FLOWER LINDSAY A. Admitted that the parties own an apartment building at OPMYS•AT,LAW W. High Street 73-75 East North Street in Carlisle, Pennsylvania. :arlisle, PA Denied the value of the building is $104,000.00, that value having been obtained in 1999 B. Admitted that the parties own an apartment building at 69 East North Street in Carlisle, Pennsylvania. Denied that the value of that building is $88,000.00, that value having been obtained in 1999. C. Admitted that the parties own a tract of mountain land with a cabin in Lower Frankford Township, Cumberland County, Pennsylvania. Denied that the value of that mountain land is $35,000.00. By way of further answer, no appraisal on the mountain land has been provided by either side. D. Admitted that there is an investment account in Defendant's name with Tucker Anthony Investments. Admitted that the value of the account at the end of 2001 was approximately $30,000.00. By way of further answer, Respondent has no knowledge of the present value of the account. E. Admitted that there is a second investment account in Defendant's name with Tucker Anthony Investments with a value of approximately $12,000.00. By way of further answer, that value was provided as of the end UDIS of 2001 and Respondent has no knowledge of its F, FLOWER present value. INDSAY 4M@AT•LAW High Street lisle, PA 2 F. Admitted that Defendant has an Individual Retirement Account with Tucker Anthony Investments which had a balance of $6,000.00 at the end of 2001. Respondent does not know its present value. Admitted that there is a lien on the apartment buildings. Denied that as a result of the lien, the parties' total equity in the assets they own is $124,000.00. By way of further answer, additional discovery is required to determine the actual value of the net marital estate. 5. Admitted that the parties signed the Post-Nuptial Agreement attached to the Petition as Exhibit "A". Denied that as a result of the Agreement, it is unlikely that Respondent will receive any substantial portion of the above assets. 6. Denied that security is not necessary in the form of a non-dissipation Order with regard to the accounts titled solely in Petitioner's name. A. Denied that after applying the credit set out in the Post-Nuptial Agreement it is unlikely that Respondent will be awarded any marital property. MIDIS FLOWER INDSAY LIYS•AT•LAW High Street lisle, PA B. Admitted that the parties' real estate cannot be sold, encumbered or alienated without the mutual consent of both parties. Denied that Respondent's interest in the marital estate is adequately secured by her 3 interest in the real estate. Petitioner has refused to agree to sell any of the real estate, and that if he did agree to sell the real estate, equitable distribution could be frustrated for years pending sale of commercial property. 7. Denied that the Tucker Anthony Investments which were frozen are needed by Defendant to operate his business. By way of further answer, Defendant has been operating his business since January 23, 2001 without access to those accounts. By way of further answer, Respondent has offered to permit Defendant to access the Tucker Anthony account with an end of the year balance of $12,000.00 to maintain the rental units and to operate his business, so long as he kept careful records of the disposition. Petitioner has never accepted or rejected that offer except to the extent of filing the instant Petition. 8. Respondent is without information sufficient to know whether Tucker Anthony Investments is closing its Carlisle office. By way of further answer, Respondent has no objection to the transfer of the assets to another investment company or brokerage so long as the non-dissipation provision remains in effect. 9. Denied that the securities requested by Respondent on an interim basis AIDIS is not necessary. By way of further answer, the Defendant did not pay his child F, FLOWER dND3AY 2Crs•ar•uw support for the better part of a year, as a result of which he admitted that he was in . High Street lisle, PA contempt of Court on January 11, 2002. A Copy of the Court's Order of that date is 4 attached hereto as Exhibit "A". By way of further answer, Respondent was in the process of garnishing past-due support from the Tucker Anthony accounts at the time the Defendant was arrested for contempt of the Court's Order. The Tucker Anthony accounts, therefore, are necessary security to the payment of child support in light of Defendant's refusal to pay child support for the better part of the year. By way of further answer, Defendant is self-employed and cannot be wage attached. WHEREFORE, Respondent prays this Honorable Court to maintain its Order of January 23, 2001. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneva for Plaintiff/Respondent J. Lin sa , Esquire By:1:46?93 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS FF, FLOWER LINDSAY MMVS•A -LAW N. High Street :arlisle, PA 5 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ary E. He n r Date: ,Y-; ? SAIDIS FF, FLOWER LINDSAY )RNM•AT-LAW W. High Street :arlisle, PA MARY ELIZABETH IN THE COURT OF COMMON PLEAS OF HEFFLEFINGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DOMESTIC RELATIONS SECTION RODGER LEE HEFFLEFINGER, Defendant No. 85 SUPPORT 1999 DR# 30,386 ORDER OF COURT AND NOW, this 11th day of January, 2002, the Defendant, Rodger Lee Hefflefinger, having appeared in court for a hearing on a petition for contempt with his privately retained counsel, Samuel L. Andes, Esquire, and it being represented his appearance was secured by $3000.00 in cash by his father, the Domestic Relations Office is directed to release the said sum to the Defendant's father. By the Court, Frederick I. Huganir, Esquire Special Counsel for DRO Samuel L. Andes, Esquire For the Defendant wcy J. esley 01? Jr. , %J? MARY ELIZABETH HEFFLEFINGER, Plaintiff V. RODGER LEE HEFFLEFINGER, Defendant DR# 30,386 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOMESTIC RELATIONS SECTION No. 85 SUPPORT 1999 ORDER OF COURT AND NOW, this 11th day of January, 2002, the Defendant, Rodger Lee Hefflefinger, now appearing in court on a petition for contempt with his privately retained counsel, Samuel L. Andes, Esquire, and pursuant to an agreement reached between the Domestic Relations Office represented by Frederick I. Huganir, Esquire, and Defendant and his counsel, the Defendant having admitted that he is in contempt of the existing order of Court, the Court finds that the Defendant has intentionally, voluntarily, and willfully failed to comply with the terms of the order heretofore entered, and he is consequently adjudicated in contempt. Pursuant to a further agreement between the Domestic Relations Office and Defendant and his counsel, the sentence of the Court is that the Defendant undergo a period of probation of 12 months, conditioned upon his payment of the lump sum of $2000.00 on or before the close of business on Wednesday, January 16, 2002, that he hereafter pay the basic amount required under the order on a timely basis without fail, and that he hereafter in addition pay the sum of $200.00 per month on the order on arrears. Frederick I. Huganir, Esquire Special Counsel for DRO Samuel L. Andes, Esquire For the Defendant By the Court, . I /CV ? ?1J J Wesley Ol , Jr.- Wcy a m a f x r J J v H "? = FBI f/] v m w °a s v, A N Y N 'J1 .xy ar Q N W ^] oil I ?`..i > Old r o O ? a m a N ? '? N x a X t" J W .'? y J V J ? m tIi F CMMO1N ?T O Q,rI17 MARY E. HEFFLEFINGER, Plaintiff vs. RODGER L. HEFFLEFINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-268 IN DIVORCE ORDER OF COURT AND NOW this /J4- day of .y? 2002, a hearing is hereby scheduled, to be held in court Room 1 of the Cumberland County Courthouse in Carlisle, Pennsylvania, before the undersigned, commencing at 3%00 o'clock -1 m. on " " J the d f? day of ZU 2002, on the Defendant's Petition to Vacate or Modify Prior Order of Court. BY THE COURT, v Distribution: Carol A. Lindsay, Esquire (Attorney for Plaintiff) 26 West High Street, Carlisle, PA 17013 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12`h Street, Lemoyne, PA 17043 {-o3, v Q- ?{'-Q-lG?2?ze? ?-/? fie, ia,r1 r MARY E. HEFFLEFINGER, Plaintiff VS. RODGER L. HEFFLEFINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-268 IN DIVORCE MOTION FOR HEARING AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and represents that the pleadings are closed on the Defendant's Petition to Vacate or Modify Prior Order of Court and that the matter is now ready to be heard by the court, and moves the court to schedule a hearing on that Petition. 14 June 2002 ?- S I L. Ande Attorney for Defendant Supreme Court ID # 17225 525 North 12`h Street Lemoyne, PA 17043 (717) 761-5361 C7 ; ,, MARY E. HEFFLEFINGER, Plaintiff V. RODGER L. HEFFLEFINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-0268 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR HEARING ORDER OF COURT AND NOW, this 15a' day of July, 2002, upon consideration of the attached letter from Samuel L. Andes, Esq., attorney for Defendant, and with no objection from Carol J. Lindsay, Esq., attorney for Plaintiff, the hearing previously scheduled for July 24, 2002, is rescheduled to Thursday, October 17, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, a J esley Oler, J. Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Samuel L. Andes, Esq. 525 N. 12'h Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Tc ? 4. ?I i.i,ij /`.',! I? ?V .. ^ ? II 1? fir' n. ???:? _'.. MARY E. HEFFLEFINGER, Plaintiff V. RODGER L. HEFFLEFINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE No. 01-268 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of October, 2002, upon consideration of Defendant's Petition To Vacate or Modify Prior Order of Court, and pursuant to an agreement reached between and among counsel for the parties and the parties in open court, it is ordered and directed as follows: 1. Our order of January 23, 2001, in this matter is hereby vacated. 2. The Defendant shall within 30 days of the date of this order open a new investment account with RBC Dain Rauscher, a brokerage firm, and deposit in that account, from the accounts previously subject to our prior order, the sum of $10,000.00. When the Defendant funds the new account with $10,000.00, he shall not use funds from his individual retirement account or funds from the accounts held by the parties for their children. 3. The Plaintiff shall transfer to Defendant, by special warranty deed, the real estate currently owned jointly by the parties at 73-75 East North Street in Carlisle, and 69 East North Street in Carlisle, A-Dlt r, subject to their existing mortgage obligation, for the purpose of allowing the Defendant to refinance that obligation and, hopefully, obtain a reduced interest rate. The deed to transfer the properties will be delivered at or shortly prior to a settlement on the refinancing obtained by the Defendant. Both parties will cooperate to have that refinancing and the transfer of the property obtained as promptly as reasonably possible. Plaintiff shall have the right, upon prior arrangements with Defendant, to have access to the property to have it appraised, if she chooses to do so, at her expense. Both parties reserve all of their other claims relating to those properties as raised in this divorce action to be litigated by the Court at a later time. By the Court, CPC C1 J! Wesley O1 Jr., J. Carol J. Lindsay, Esquire For the Plaintiff Samuel L. Andes, Esquire For the Defndant wcy \\MAINSERVER\PUBLIC\roger\Family Law\divorce\Entry of Appearance Hefflefinger.doc IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARY E. HEFFLEFINGER, Plaintiff CIVIL ACTION-LAW VS. NO. 01-268 CIVIL TERM RODGER L. HEFFLEFINGER, IN DIVORCE Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the Defendant in the above matter. Roger M. Morgenthal, Esquire I.D.# 17143 FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 MARY E. HEFFLEFINGER vs RODGER L. HEFFLEFINGER Case No. Statement of Intention to Proceed To the Court: 01-268 Plaintiff Mary Hefflefinger intends to proceed iththe rvcaptioned matter. Print Namc L K 'ten Name a Plainti Date: 1 (7 Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901" Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute " If a parry wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. t 1 n? C' 7 f"' , i <' T-, ?:i4 ._ ?? tom: >. (_', ',? _ .? -? ?^, w '\ MARY E. HEFFLEFINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 01-268- CIVIL TERM RODGER L. HEFFLEFINGER, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed January 12, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct 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. 4904 relating to unsworn falsification to authorities. (-7 -41 Date: o Mary v&-/. Hefflefi r 77 Z7 PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER§ 3341 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. SAIDIS, FLOWER & LINDSAY AM MM-AT- 26 2C West High Street Carlisle, PA 2. 1 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. 1 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 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. 4904 relating to unsworn falsification to authorities. Date: ` f Mary ViefflefinOK/ C ? .a.a ? ?-cz -t? ? ? t ?? ?- ?: ? ; ?. , !? ? it .^ ?• '.1?? (.: -S ? i"tom MARY E. HEFFLEFINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 01-268- CIVIL TERM RODGER L. HEFFLEFINGER, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed January 12, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct 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. 4904 relating to unsworn falsification to authorities. Date: `` - ? D -1 Rod or L. Hefflefinger DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. SAIDIS, FLOWER & LENOSAY ATIORNEYS-AT: 2G West High Street Carlisle, PA 2. 1 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. 1 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 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. 4904 relating to unsworn falsification to authorities. Date: 4-,a -7 - Rodg L. Hefflefinger I MARY E. HEFFLEFINGER, Plaintiff VS. RODGER L. HEFFLEFINGER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-268 IN DIVORCE PRAECIPE Please withdraw any economic claims previously raised in this matter by the Defendant Rodger L. Hefflefinger. Date: t ti K-a4l ?.to 00( uel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 r--a ?;? ?. ., ?? ??. .s»4 h - .,...,.. _ ? r \ . ..i fix. - ??? ? .,m ? .? j ?4 t •• ?? PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this a'-)A day of , 2007, - ACV' is by and between: RODGER L. HEFFLEFINGER of 75 East North Street in Carlisle, Pennsylvania, hereinafter referred to as "Husband"; and MARY ELIZABETH HEFFLEFINGER of Carlisle, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 17 April 1984 and are the natural parents of two children, an adult son Eric S. Hefflefinger who is now emancipated, and a daughter Amanda P. Hefflefinger, born 19 July 1990 (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 01-268 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Carol J. Lindsay, Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. CHILD CUSTODY AND SUPPORT. The parties have resolved the matters of child custody and child support outside the confines of this Agreement and do not include any provisions in this Agreement for either the custody or the financial support of their Page 1 of 9 children. Each of the parties reserves onto themselves all of their rights, claims, and defenses regarding the custody or the financial support of their children. 2. ASSETS TO BE TRANSFERRED TO OR RETAINED BY HUSBAND. The parties agree that Husband shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. A 3 unit apartment house at 75-73 East North Street in Carlisle, Pennsylvania. B. A 2 unit apartment house at 69 East North Street in Carlisle, Pennsylvania. C. Four tracts of land containing approximately 40.00 acres situate in Lower Frankford Township and South Middletown Township, Cumberland County, Pennsylvania. D. Husband's checking and savings accounts with Commerce Bank that existed at the time of separation and his checking and savings accounts at any financial institution presently held by him. E. Husband's investment accounts with RBC Dain Rauscher, formerly with Tucker Anthony Company or the proceeds of those accounts if they have been closed or funds have been transferred to other accounts. F. Husband's individual retirement account with RBC Dain Rauscher, formerly with Tucker Anthony Company or the proceeds of that account if funds have been transferred out of it. G. Husband's 1995 Ford F-250 pickup truck or the proceeds of its disposition. H. All tools and equipment used by Husband in his employment or work and now in his possession. 1. Any and all assets acquired by Husband since the date of the parties' separation in January of 2001. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Husband's name alone and for Wife to waive any further claim to or interest in such assets and Wife does hereby acknowledge those assets to be the sole and separate property of Husband from and after the date of this agreement. Page 2 of 9 3. ASSETS TO BE TRANSFERRED OR RETAINED BY WIFE. The parties agree that Wife shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. The 1994 Ford Explorer motor vehicle in Wife's possession at the time of separation or the proceeds of any disposition of that vehicle. B. The Gateway computer and related equipment in Wife's possession at the time of separation or the proceeds of the disposition of those items, C. Any bank accounts or other accounts with any financial institution in Wife's name or possession at the time of separation, or the proceeds of those accounts if funds have been transferred out of them, and any accounts with banks or other financial institutions created or opened by Wife after the date of final separation in January of 2001. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Wife's name alone and for Husband to waive any further claim to or interest in such assets and Husband does hereby acknowledge those assets to be the sole and separate property of Wife from and after the date of this agreement. 4. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property 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, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 5. M & T MORTGAGE. The parties acknowledge that, sometime in 2004, Husband borrowed money from M Er T Bank to pay various debts of the parties and the debt to M & T Bank was secured by a mortgage against the real estate at 73-75 East North Street and at 69 East North Street in Carlisle, Pennsylvania. The parties acknowledge that Husband has made all the installment payments due on that debt since the time it was created. In consideration of the other provisions of this Agreement, Husband agrees to pay and satisfy, in accordance with its terms, the debt owed to M & T Page 3 of 9 Bank secured by such mortgage and to indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to pay that debt in accordance with its terms. 6. POST-NUPTIAL AGREEMENT. The parties acknowledge that, sometime in November of 2000 they signed an undated Post Nuptial Agreement that, among other things, provided that Wife's eventual share of the equitable distribution of the marital assets in the divorce action between the parties would be credited by, and reduced by, the sum of $126,000.00 as a result of payments made, with funds borrowed against marital assets, to William Jenkins. The parties acknowledge that, by virtue of this Agreement and the division of the marital assets provided in this Agreement, that credit has been fully satisfied. 7. CHILDREN'S CUSTODIAL ACCOUNTS. The parties acknowledge that Husband holds custodial accounts for the benefit of the parties' two children. Husband warrants that he has not, since the prior stipulation of the parties, has not made withdraws or disbursements from those accounts. The parties further acknowledge that their older child, Eric, has now attained his majority and Husband shall, promptly upon the execution and delivery of this Agreement, transfer that account or the funds in it to Eric. Further, the parties agree that Husband shall continue to hold the custodial account for their daughter Amanda until she attains her majority at which time he will deliver the account, or the funds in it, to her. Until such time as the accounts are delivered to the children, Husband shall not make withdraws or disbursements from them without the prior written consent of Wife. 8. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of Page 4 of 9 all of their claims to the marital property of the parties and the equitable distribution of the same. 9. WAIVER OF ALIMONY SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 10. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 11. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits Page 5 of 9 of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 12. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 13. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. Page 6 of 9 14. CONCLUSION OF DIVORCE. The parties agree that they shall, promptly upon the request of Husband's attorney, make, execute, acknowledge, and deliver unto said attorney, consents and waivers pursuant to Section 3301(c) of the Pennsylvania Divorce Code and any and all other documents reasonably necessary to conclude a divorce action. The parties agree that they shall take any and all action necessary to conclude a divorce pursuant to Section 3301(c) promptly after the execution of this agreement. 15. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 16. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 17. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 18. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. Page 7 of 9 19. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness ROD R L. HEFFLEF E 4-itanjeLss??? MAR ELIZA TH HEFFLEFI E; Page 8 of 9 COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND On this, then' -(? day of , 2007, before me, the undersigned officer, personally appeared RODGER L. H FFLEFINGER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. -?10 A?AIr? • AMN, M. K4 MOII MX MI KNW My Co ission Expires: LEN ` !'NF BORQMau?rlMiw?oOOlJriill MY C : MMt381d? !!? lIIW COMMONWEALTH OF PENNSYLVANIA ( SS.: COUNTY OF CUMBERLAND ) 4PAA On this, the O day of , 2007, before me, the undersigned officer, personally appeared MARY ELIZABETH HEFFLEFINGER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. QTA K SEAL MERLENE J. MARNEYKA, NOTARY PUBLIC CARLISLE, CUMBERLAND COUNTY, PA MY COMMISSION EXPIRES JUNE 8, 2010 Page 9 of 9 r yp?? ??yy?? s .a J Cj% MARY E. HEFFLEFINGER, Plaintiff V. RODGER L. HEFFLEFINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-268 - CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant was served with the Complaint in Divorce on February 6, 2001 via certified mail. Proof of service was filed with the Court on February 12, 2001. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was executed: By Plaintiff: April 20, 2007 and filed with Prothonotary on April 20, 2007. By Defendant: April 27, 2007 and filed with Prothonotary contemporaneously herewith. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated April 20, 2007 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was executed: By Plaintiff: April 20, 2007 and filed with Prothonotary on April 20, 2007. By Defendant: April 27, 2007 and filed with Prothonotary contemporaneously herewith. SAMIS FLOWER '& LINDSAY A ATZW 26 West High Street Carlisle, PA SAIDIS, FLOGGER &IJNESyAY Carol J. Lindsay, s uire Supreme Court o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARY E. HEFFLEFINGER VERSUS RODGER L. HEFFLEFINGER 01-268 No. DECREE IN DIVORCE AND NOW, MI- TZl , LDO , IT IS ORDERED AND MARY E. HEFFLEFINGER DECREED THAT , PLAINTIFF, AND RODGER L. HEFFLEFINGER DEFENDANT, 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; The terms of the Separation and Property Settlement Agreement, dated April 20, 2007, are incorporated, but not merged, into this Decree in Divorce. BY THE COURT: ATT J . PROTH UTARY eo. , , - / ., 9 - I-f MARY E. HEFFLEFINGER, Plaintiff V. RODGER L. HEFFLEFINGER, Defendant NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE IS HEREBY GIVEN that Mary E. Hefflefinger, the Plaintiff in the above matter, having filed a Complaint in Divorce on May 24, 2007, hereby intends to resume and hereafter use the previous name of MARY ELIZABETH WISE, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980. ARaW ?'J&4?AVwe, - Mary Ej7 7 Hefflefn TO BE KNOWN AS: FLOWER & LINDSAY erfoetvEtsxruw 26 West High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-268- CIVIL TERM IN DIVORCE Mary tizabetlYWise ss. COUNTY OF ON this, the day of , 2007, before me, a Notary Public, personally appeared Mary E. Hefflefi r, a/k/a Mary Elizabeth Wise, known to me or satisfactory proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTAR ALI SEAL?r ?EgLE J. M1IRHEVKA, NOTARY PIlBUC Notary Public CARLISLE, CUMBERUNO COUNTIt; PA MY COMMISSION EXPIRES ,RlNE 8, 2010 4 ,?. -TI