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HomeMy WebLinkAbout02-0490DAVID C. HECK, RENEE E. HECK, · IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. E~- a/c?f.~ CIVIL TERM : IN DIVORCE Defendant : NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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 LnlERTY AVENUE CARIJ,ql,E, PENNSYLVANIA 17013 (717) 249-3166 DAVID C. HECK, RENEE E. HECK, Plaimiff V. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.Oa ~ ,t/~ CIVIL TERM : : IN DIVORCE : COMPLAINT 1. The Plaintiff is David C. Heck, who currently resides at 110 November Drive, Apt. 5, Camp Hill, Cumberland County, Pennsylvania. 2. The Defev~lant is Renee E. Heck, who currently resides at 1203 Kings Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaimiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 11, 1989 in Hawaii. COUNT I- DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(¢) and 3301(d), in that: a) b) 2001 and continue to do so. The marriage is irretrievably broken. Plaintiff and Defendant have lived separate and apart since Febnlary 8. The Haintiff has been advised that counseling is available and that Plaimiff may have the right to request that the court require the parties to participate in counseling. 9. Defe,dant is not a member of the armed services. WI-W, REFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT H - EQUITAB!.E DISTRmUT~ON 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from September 11, 1989 until Febr~,ary 2001, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to the marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which ha.~ increased in value during the marriage, all of which property is 'marital property'. 13. Plaintiff and Defer~dant have agreed to a preliminary equitable division of said property prior to the filing of this Complaint. WIW, REFORE, Plaintiff requests this Honorable Court to equitably divide all marital property. Respectfully submitted, ~(ustin F. G~o~gan~uire 24 North 32nd ~re~, Camp Hill, PA 17011 (717) 737-1956~-~ Attorney for Plaintiff I.D. ~9020 VERIFICATION I, DAVID C. HECK, verify that the statements made in the foregoing Complaint are tree 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 unswom falsification to authorities. DAVID C. HECK C Ir. 0 0 DAVID C. HECK, RENEE E. HECK, Plaintiff V. Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-490 CIVIL TERM : : IN DIVORCE ,2002, by and between DAVID C. HECK, hereinafter referred to as "Husband", and RENEE E. HECK, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on September 11, 1989; and WHEREAS, differences have arisen between Husband and Wife, as a result of which it is the desire of the parties after long and careful consideration, amicably to adjust, compromise and settle all property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for maintenance, support, alimony, equitable distribution, counsel fees, and costs; and WHEREAS, it is the mutual desire of Husband and Wife to reduce their agreement to writing; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements hereinafter contained, each of the parties hereto, intending to be legally bound hereby promises, covenants, and agrees as follows: 1. PARTIES TO LIVE SEPARATE AND APART The parties mutually agree to live separate and apart. Neither party will molest the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other. 2. PERSONAL PROPERTY Husband and Wife have exchanged a list of items that Husband will remove from the parties home and a list of items that Husband will be permitted to store at the home to include the lawn equipment. Furtheimore, the parties agree that should the Wife sell the house, move out of thc house or if the children no longer reside with the Wife then the children's bedroom furniture will go to the Husband. Otherwise, Husband and Wife have divided all personal property, which would constitute marital property. Wife agrees that any property in the possession and control of Husband shall be the sole and separate property of Husband. Husband agrees that all property in the possession and control of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have to the sole and separate property of the other. 0 MARITAL DEBTS The parties acknowledge that they have a mortgage on the marital home located at 1203 Kings Circle, Mechanicsburg, Pennsylvania, with a payoff value of approximately $199,000.00. Fur~ermor¢, thc parties acknowledge that the Wife will be responsible for refinancing thc mortgage and assuming the primary mortgage to the marital home. Husband and Wife each covenant, represent, and agree that each other will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other prior to or after the effective date of this Agrcemem, except as may be otherwise specifically provided for the by the terms of this Agreement. 4. REAL PROPERTY Husband and Wife agree that they are the fee simple owners of the marital residence located at 1203 Kings Circle, Mechanicsburg, Pennsylvania, which real estate has a currem value of $300,000.00, which constitutes marital property. The parties agree that said property shall be the sole and separate property of Wife. The parties agree that husband shall waive all his rights, title and interest in the home and shall sign a deed transferring said rights to Wife simultaneously with the execution of this Marriage Settlemem Agreement. Said deed shall be held in escrow by counsel for Husband and released to the settlement agent contemporaneously with Wife's settlement for refinancing of the mortgage obligations as set forth in paragraph 3 of this Agreement. Husband and Wife are also the fee simple owners of two timeshares. One timeshare is designated as the Ridge Tahoe (hereinafter "the Ridge") and is available for one week in odd years. The second timeshare is designated as the Tahoe Beach and Ski timeshare (hereinafter "the Beach") and is available for one week in even years. The parties agree that they shall continue to maintain joint ownership of both timeshares with rights of survivorship. The parties agree that they will alternate their use in the timeshares, with Husband having the right to use "the Beach" in year 2002 and "the Ridge" in year 2003. Wife shall have the right to use "the Beach" in year 2004 and "the Ridge" in year 2005. The parties shall alternate the actual right of use on successive two year periods. The parties each agree that they shall share all costs and maintenance fees associated with both timeshares on an annual basis. All invoices and billing information shall be mailed to Wife and Wife shall have the duty of keeping the timeshare advised of her current address. Husband agrees to pay to Wife one-half (1/2) of all sums billed within twenty (20) days of Wife's presentment of the invoice to Husband. Wife shall then remit a single check to the respective timeshare to cover the obligations. In the event that either party will not be using the timeshare in their designated year they will have the discretion to allow a family member use of the property. This will not interrupt the scheduled rotation except by mutual agreement of the parties in writing prior to the exchange. Any compensation received from a third party will be the sole property of the party forfeiting his or her scheduled week of use. Furthermore, the parties agree that without mutual consent of both parties, neither party will sell the timeshares in the next five years. Thereafter, the party desiring to sell their share agrees to give the other party a period of six months to exercise the option to purchase. 5. CHILD SUPPORT AND ALIMONY Husband acknowledges that the Wife will be the custodial parent of the parties' minor children and that the Husband will pay child support in the amount of $1,400.00 per month and alimony of $1,000.00 per month. The parties agree that the Child support will be fixed for the first thirty-six (36) months. Furthermore, the parties agree that the Child Support shall be modifiable if the Husband becomes unemployed or his income decreases by at least 15%, the Wife sells the house within the thirty-six (36) months, or the Wife remarries or cohabitates with another individual in an intimate relationship. Following the fxrst thirty six (36) month period of Child Support, the alimony payments will be calculated, as income for child support purposes should either party petition the court for a review. The parties agree that the Alimony will be fixed and is payable for Sixty (60) months commencing the month following the divorce. Furthermore, the parties agree that the alimony shall be modifiable if the Husband becomes unemployed or his income decreases by at least 15%. The alimony shall terminate upon the following conditions: death of the Wife, death of the Husband, the Wife remarries or cohabitates with another individual in an intimate relationship. The parties acknowledge that the alimony be paid to the Wife as taxable income for the Wife and taxable income deduction for the Husband in the amount of $1,000.00 per month for a period of sixty 60 months commencing the f~rst month following the divorce. In addition, the Husband agrees to pay 75 % of the non-reimbursed medical expenses after Wife has satisfied the initial $250.00 per child annual deductible. The parties agree that daycare expenses shall be divided between the parties on the same percentage for the first 12 months. Following that 12 month period the non-reimbursed medical expenses and childcare will be based on the earnings or earning capacity of the parties. 6. CUSTODY The parties acknowledge that they are the parents of two children, Andrew Heck and Samuel Heck, and that the Wife will be the custodial parent of the children. The parties shall enjoy shared legal custody of the children with Wife having primary custody. The Husband shall have unlimited partial custody as the parties may agree. Further'more, the parties desire that the children will attend the Cumberland Valley School District and the Wife shall consult Husband or obtain the Court's permission to move the children out of the Cumberland Valley School District. Furthe~-~xlore, Husband will claim Samuel Heck as his dependent for IRS purposes beginning in the year 2002. The Wife will claim Andrew Heck as her dependent for IRS purposes. If either party determines that he or she does not need the tax write-off during a tax year, the other party shall have the right to claim that child as a tax deduction. Said party shall advise the other by April 1 of the following year as to whether or not he or she will be using the child as a dependent for IRS purposes. 7. LIFE INSURANCE Husband and Wife agree to maintain a minimum of $250,000.00 of life insurance and hereby elect the children as the beneficiaries of each of the life insurance policies until they are 21 years of age. Parties agree that they will, on an annual basis, exchange paid premiums to show that the life insurance is in full force and effect. 8. I~vrEP~Sr m RETIREMENT~ IRA AND 401(K) Husband and Wife acknowledge they are owners of the following accounts, which constitute marital property of IRA's and 401(k)'s: 1. David Heck's IRA, account number 9889172710, valued as of September 30, 2001 at $74,500.00; 2. Vanguard 401(k), account number 092497, valued as of September 30, 2001 at $90,000.00; 3. Renee Heck's IRA, Scudder Investment, account number 7EE-326320, valued as of October 26, 2001 at $70,800.00; Each party acknowledges that they have a marital interest in the individual IRA's and 401(k)'s and hereby waives any interest and will execute any documents necessary to remove their respective names as beneficiaries of the IRA and 401(k) accounts. 9. MONEY MARKET SAVINGS ACCOUNT Parties acknowledge they are the owners of a Vanguard Prime money market account, account number 9930072659, with a current value of $58,000.00, which will be assigned to the Wife. 10. VEHICLES The parties acknowledge that they are the owners of a 1994 Nissan Quest and a 1995 Toyota Corolla. The 1994 Nissan Quest is awarded to Wife and the 1995 Toyota Corolla is awarded to Husband. Each party waives any interest in the other parties' vehicle. 11. LEGAL REPRESENTATION Husband and Wife declare that each has had a full and fair opportunity to obtain and consult with legal counsel of his/her selection and that the parties, cognizant of their legal rights, declare and express that: A) Austin F. Grogan, Esquire, represents Husband, David C. Heck; and B) Barbara Sumple Sullivan, Esquire, represents Wife, Renee Heck. 12. MUTUAL DISCHARGE Except as otherwise expressly provided by this Agreement: A) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations, which either may have or at any time hereafter have for past, presem or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, it supplements and amendmems, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising our of or by virtue of the marital relationship or the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption 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 laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so names by the will of the other, whether such will was executed prior or subsequent to this Agreement. C) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 3.0 13. NO-FAULT DIVORCE An action for Divorce has been instituted by the Husband in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 02-490 Civil Term, alleging that the marriage is irretrievably broken and requesting a no-fault divorce under Section 3301(c) of the Divorce Code. It is hereby agreed that the marriage is irretrievably broken and that coincident to the signing of this Agreement, both parties will execute affidavits of consent to the entry of a Decree in Divorce under Section 3301(c) of the Divorce Code. 14. EXECUTION AND DELIVERY OF DOCUMENTS The parties hereto agree to execute and deliver all papers needed to effectuate the terms and intentions of this Agreement. 15. BREACHING PARTY Pars CosTs If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, either to sue for specific perfmmance or for damages for such breach, and the party breaching this Agreement shall be responsible for reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 11 16. ~JENERAL PROVISIONS This Agreement encompasses all agreements between the parties concerning the matters set forth herein and may not be altered or omitted except in writing executed by the parties; the waiver of any term, condition or provision of this Agreement shall in no way be deemed a waiver of any other term, conditions or provisions of this Agreement. If any term, condition or provision of this Agreement shall be determined to be void or invalid in law or otherwise, then only that term, condition or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force. It is agreed by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated, by reference, into any divorce, judgment, or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. This Agreement is executed in triplicate, and Husband and Wife, as parties hereto, 12 acknowledge the receipt of a duly executed copy hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above written. WITNESS: RENEE E. HECK, Defendant 13 COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS On this, the /~ ¢~/day of ~ ,2002, before me, the undersigned officer, personally appeared DAVID C. HECK, 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. IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal. ~ Rhonda D. Rudy. Notary Public · ?~p Ell! B?ro, Cumberland Co~Jnty My t~omm~ss~on Expires Aug. 12, 2002 ~:,,~h~,r Pennsy~vanh Associallonof Notaries COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : On this' the/~fr~day°f ~~~__ , 2002, before me, the undersigned officer, personally appeared RENEE E. HECK, 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.~ IN WITNESS WHEREOF, Ihave hereuntp~e~ ~y h~d not~ries seal. NOTARY DAVID C. HECK, RENEE E. HECK, Plaintiff V. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-490 CIVIL TERM : : IN DIVORCE . AFFIDAVIT OF ACCEPTANCE OF SERVICE I, RENEE E. HECK, Defendant in the above-captioned action in Divorce, hereby acknowledge that I have in fact received a copy of the Complaint for Divorce in this matter on the /3"7~ay of February, 2002 at /O,'OD I~M. 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 umworn falsification to authorities. Date /o?dS/d)o~. REN~EE E. HECK DAVID C. HECK, RENEE E. HECK, Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-490 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Di¥orce Code was filed on January 28, 2002. 2. The marriage of Plaintiff and Defendant is ~rretrlevably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date RENEE E. HECK DAVID C. HECK, RENEE E. HECK, Plaintiff V. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-490 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the D~orce Code was filed on January 28, 2002. 2. The marriage of Plaintiff and Defendant is ~rretrlevablyI broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a f'mal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and c6rrect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § ~904 relating to unswom falsification to authorities. DAVID C. HECK DAVID C. HECK, RENEE E. HECK, Plaintiff : : v. : NO. 02-490 CIVIL TERM : : IN DIVORCE Defendant : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) OF THE DIVORCE COD! IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 1. I consem to the entry of a fmal decree of divorce x fithout notice. 2. I understand that I may lose rights concemkg alimony, division of property, lawyer's fees or expenses if I do not claim them before a divor~ :e is granted. 3. I understand that I will not be divorced until a div >rce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is fried with the Prothonotary. I verify that the statements made in this affidavit ar~ true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 / relating to unswom falsification to authorities. ' Date: ~ ~/a°'~2.- ~~.~/~~ DAVID C. HECK '~ DAVID C. HECK, RENEE E. HECK, Plaintiff : : v. : NO. 02-490 : : IN DIVORCE Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce Without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorbe is granted. 3. I understand that I will not be divorced until a divbrce 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 a~e 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: Rl~NEE E. HECK DAVID C. HECK, Plaintiff VS RENEE E. HECK, Defendant IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 02-490 CIVIL ACTION CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) 330 Divorce Code. Date and manner of service of the complaim: By personal service February 15, 2002 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff June 18, 2002 by Defendant June 18, 2002 4. Related claims pending: All claims raised resolved in Marriage Settlement Agreement dated 10 June 2002 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: June 21, 2002 Date Defendant's Waiver of Notice in § 3301(c) Divorce was fried with the Prothonotary: June 21, 2002 Date: July 1, 2002 ~ ~ Austin F. Grogan, Es~u~/e Attorney for Plaintiff ~' 24 North 32nd Street Camp Hill, PA 17011 (717) 73%1956 Id # 59020 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE Of ..~. PENNA. Plain~£ff VERSUS Defendant RENEE E. N o. ~9_~q~ ~TVTT. ~T!ON Decree IN DIVORCE AND NOW,~ DECREED THAT DAV-TD C. HECK ,~~, IT IS ORDERED AND , PLAINTIFF, AND , 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;