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HomeMy WebLinkAbout05-1257 o KATHRYN D. HEETER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. c)S - /21;7 CI~,"l 'J~ NED J. HEETER, Defendant : CIVIL ACTION - LAW : IN DIVORCE 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 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 ilTetrievable 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, One Courthouse Square, Carlisle, PA 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA ]7013 (717) 249-3166 Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffinan, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-9170 Attorney for Plaintiff KATHRYN D. HEETER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. OS: -/2.57 C.~c'-ll ~~ : CIVIL ACTION - LA W : IN DIVORCE NED J. HEETER, Defendant COMPLAINT IN DIVORCE UNDER SECTION 330l(c) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Lori K. Serratelli, Esquire and the law firm ofSERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I DIVORCE 1. Plaintiff is Kathryn D. Heeter, who currently resides at 606 Park Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania ] 7055 since March 1994. 2. Defendant is Ned J. Heeter, who currently resides at 606 Park Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 since 1985. 1 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing ofthis Complaint. 4. The Plaintiff and Defendant were married on March 12, 1994, in Dauphin County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted, Lori . Se atelli, Esquire SE TELL!, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, P A 17110 (717) 540-9170 Attorney for Plaintiff 2 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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: 3/+/05 , ~ If 1/o1(~J\ Ka . Heeter . 3 6 KATHRYN D. HEETER, Plaintiff IN THE COURT OF COMMON pEAS OF CUMBERLAND COUNTY, PENNS ~VANIA vs. NO. 05-l257-CIVIL TERM CIVIL ACTION - LAW NED J. HEETER, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, John F. King, Esquire, attorney for the Defendan above-captioned matter, hereby certify that I accept se the Complaint in Divorce filed in the above captioned m March 9, 2005. " ./~) (' '. / '--_..__"../.:...--r::'./ Date _.> /j I /0 r Received 1(' , \ , ',John F. King, E FJ<IEDMAN & KING 600 North Second 5 th Floor Harrisburg, PA (717) 236-8000 uire P.C. Street 17101 Sworn and Subscribed to before me this {/tP) day of IT1 {~ , 2005. "~~fa~ ARY PUBLIC . My Commission Expires: ~TH OF PENNSYLVANIA NOTARIAL SEAL B~IlAAA E. Pi\LMER, Notary NlIIc atx Of Harmbt,,:g,Dauphin County My 'Al1lmlt;a)on Ex,"'", Mav Zl 200< . __.,~-...,__,,: . :;J in the vice of tter on ~) iff' E~t" :;:'C', ~~0 ~~ <- ::;J , "> C-,,> oC;;'~ "'. ~ .::0 :;g ~ ~ (.., ~ 'f? '''' ifi;J:J r-' '''b- r"r~ "JC;:; <",.4. . . ! ~ ) "---""j': A'-r-l \i! (,- ~)rii ;Z:;..l .""-':.1 ''<; o KATHRYN D. HEETER, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : No. 05-1257 Civil Term NED J. HEETER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFfDA VIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE (1) A Complaint in Divorce under 3301(c) of the Divorce Code was filed on March 9, 2005. (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, without formal notice of the intention to request entry of divorce decree. (4) 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. (5) 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. Sec. 4904 relating to unsworn falsification to authorities. 9Pt /0S- DATED #1lr#~ ~ NED J. TER (") c~ ....., g o~ if' r'li -1;) C0 Cl I," o -n ..... =="'Ti rnE~ :~,~: 1", ----, ':':-.r?::..;, :- ~-..C; S2,l "J ::<: ;;..' <.D () KATHRYN D. HEETER, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : No. 05-1257 Civil Term NED J. HEETER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A D1VORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE (I) A Complaint in Divorce under 3301(c) of the Divorce Code was filed on March 9, 2005. (2) The malTiage of Plaintiff and Defendant is ilTetrievably 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, without fom1al notice of the intention to request entry of divorce decree. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if! do not claim them before a divorce is granted. (5) 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 COlTect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. <11), 1/ oS- DATED ~ik / / . J.. f1 THR D. HEETER (") ~,~ ...., <= C;:l c..n V") t'1'; -'C) w..' c:> r'\.) v:; MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this J ( >'day of S ~tCt-e ~ ~ P,t ,200.s: , between KATHRYN D. HEETER, hereinafter called "Wife" and NED J. HEETER, hereinafter called "Husband". WITNESSETH: The parties hereto, being Husband and Wife were lawfully married on March 12, 1994 in Dauphin County, Pennsylvania; There were no children born of the parties; Diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally 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 ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and 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 1. INCORPORA nON OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT TO BAR DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to sllch defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the pmi of the other party which have occasioned the disputes or unhappy differences which have oCClllTed or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in Cumberland County divorce action docketed to number 05-1257 Civil Term. Simultaneously with the execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. EFFECT OF DIVORCE DECREE The pmiies agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 2 4. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set fOlih in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3 7. DISTRIBUTION DATE The transfer of property, funds and/or documents provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. FINANCIAL DISCLOSURE The parties confinn that each has relied on the substantial accuracy ofthe financial disclosure of the other, as an inducement to the execution of this Agreement. 9. SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interferences whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 10. PERSONAL PROPERTY The parties hereto mutually agree that they have divided all fumiture, household furnishings, appliances and other household personal property between them, and they mutually agree that each party shall from and after the date thereof be the sole and 4 separate owner of all tangible personal property present in his or her possession; except that Husband has agreed to store the following items at his home, until such time as Wife acquires a residence in which she has room to put the items: a. Clothes; b. Antiques; c. Boxes of Miscellaneous Items that belong to Brian, Eric and Kathryn. 11. REAL PROPERTY The parties acknowledge that they are joint owners of real estate known as 606 Park Hill Drive, Mechanicsburg, Pennsylvania. Wife agrees to transfer to Husband all of her interest in and title to the jointly owned real estate. Said Deed shall be prepared by Husband's attorney. Husband and Wife acknowledge that there is currently a mortgage against the marital home with Sovereign Mortgage in the amount of$74,228.00 as of April 11, 2005. Husband agrees to be responsible for the payment of the outstanding mortgage and fmiher agrees to be solely responsible for the payment of all future taxes, insurance and utility bills relative to said real estate until such time as he refinances the current mortgage, which he agrees to do provided he qualifies, as soon as possible, but no later than one (1) year from the date of execution of this Agreement. Should Husband be unable to refinance the mortgage within one (1) year, the property will be sold and the proceeds distributed with Wife receiving a lump sum distribution from the sale in the property outlined in Paragraph 12 herein. Husband agrees to indemnify Wife from any loss by reason of his default in the payment of said mortgages, taxes, insurance and utilities and agrees to save Wife harmless from any future liability with regard thereto. 5 12. LUMP SUM SETTLEMENT Husband agrees to pay Wife the sum of$15,000, which represents Wife's equitable share of the equity in the marital residence, in full satisfaction of all outstanding equitable distribution claims, upon refinancing of the marital residence or one (1) year after the distribution date, whichever shall occur first. The equity is the appraised value of the property of$160,000 (as of3-31-2005) less the mortgage balance of $74,228 as of April 11, 2005 and less cost of sale. Wife hereby waives any and all claims to equitable distribution other than said sum of $15,000. In the event that Husband is unable to refinance the marital residence as provided in Paragraph 11 herein, he agrees to list the house for sale continually until sold. 13. AUTOMOBILES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 2002 Dodge Intrepid, which is titled in Wife's sole name, shall become the sole and exclusive property of Wife and Wife shall satisfy the remaining balance owed to PSECU for the loan encumbering said vehicle. (b) The 2004 Dodge Caravan Van, which is titled in Husband's sole name, shall become the sole and exclusive property of Husband and Husband shall satisfy the remaining balance owed to Fulton Bank for the loan encumbering said vehicle. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of 6 execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date. For the purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness the party receiving said vehicle as his or her property shall take it subj ect to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefore and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehic1e(s) that shall become the sole and separate property of the other pursuant to the tenns of this Paragraph. 14. DEBTS The parties acknowledge that in addition to the joint mortgage referred to in Paragraph 11 herein, they are obligated on the following credit cards: a. PSECU Visa Account #306287261 in Husband's name, with an approximate balance of$7,500.00; b. MBNA Mastercard Account #5490991821882673 in Husband's name, with an approximate balance of $17,000.00. Husband agrees that he shall be responsible for the payment of the outstanding balances on the above accounts and agrees to indemnify Wife from any loss by reason of 7 his default in the payment of said loans and to save Wife harmless from any future liability with regard thereto. c. PSECU Account #0470841661 in Wife's name, with an approximate balance of $6900.00. d. Chase Account #5222760080146905 in Wife's name, with an approximate balance of $4481.64. e. Discover Account #604002530118306 in Wife's name, with an approximate balance of $11,962.01. Wife agrees that she shall be responsible for the payment of the outstanding balances and agrees to indemnify Husband from any loss by reason of her default in the payment of said loans and to save Husband harmless from any future liability with regard thereto. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incuned or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property ham1less for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 15. EMPLOYEE BENEFIT PLANS Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or 8 claim, whatever it may be in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, including but not limited to Wife's Commonwealth of PelIDsylvania Retirement System Pension and TIAA-CREF Pension and Husband's Pennsylvania Public School Employee's Retirement System (deceased Wife's account); PHEAA pension; and Church pension and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property in whose name or through whose employment said plan is carried. Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan. 16. DIVISION OF BANK ACCOUNTS The parties acknowledge that the PSECU Checking and Savings accounts in each other's sole and separate names shall remain his/her sole and separate property and Husband/Wife do specifically waive, release, renOlillce and forever abandon whatever right, title, interest or claim he/she may have in the said accounts. 17. LEGAL FEES Both parties shall be responsible for the payment of the fees owed to their own attomey. Husband and Wife do hereby waive, release and give up any rights which they may respectively have against the other for payment of counsel fees. 9 18. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 19. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all ofthe property that either or both parties own at this time or owned as of the date of separation, and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby 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. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pelllisylvania Divorce Code; 10 b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code; c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; e. 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, and to set aside to a party that property which the court determines to be that parties' non-marital propeliy; f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including, but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendent elite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 20. FURTHER DEBT Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save ham1less Husband from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 11 21. FURTHER DEBT Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or dcmands made against Wife by reason of debts or obligations incurred by Husband. 22. MUTUAL RELEASE E~~cept as otherwise provide herein and so long as this Agreement is not modified or cancelled by subsequent agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future specifically from the following: spousal support from the other, alimony, alimony pendent elite, division of property, claims or rights of dower and right to live in the marital home, right to act as executor or administrator in the other's estate, rights as devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy ofthc other, any claim or right in the distributive share or intestate share of the other parties' estate. 23. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to telminate this Agreement in which event the division of the parties' marital assets and all 12 other rights determined by this Agreement shall be subject to court detem1ination the same as if this Agreement had never been entered into. 24. INCOME TAX PRIOR RETURNS The parties have heretofore filed joint federal and state income tax retums from the date of marriage through tax year 2004. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint retums. 25. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 13 26. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 27. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and aSSIgns. 28. FULL DISCLOSURE Each party asserts that she or he has made 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, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 14 - 29. COSTS TO ENFORCE In the event that either pmiy defaults in the performance of any duties or obligations required by the ten11S of this Agreement and both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings. 30. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: (1) Is fully and completely inforn1ed as to the facts relating to the subject matter and their Agreement as to the rights and liabilities of both parties; (2) Enters into this Agreement voluntarily after receiving the advice of independent counsel; (3) Has given careful and mature thought to the making of this Agreement; (4) Has carefully read each provision ofthis Agreement; (5) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 31. AMENDMENT OR MODIFICA nON This Agreement may be amended or modified only by a written instrument signed by both parties. 15 . 32. 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 tenn, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Like, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 33. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 34. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or 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 16 . "'( . SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. 17 () ,. - l"-.:) C..j ':::::.~' '::...1'1 o " c::' (-'J (J1 -:"'l c..) W ~ ~ Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffman, Brown and 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff Calhoon, P.C. KATHRYN D. HEETER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 05-1257 NED J. HEETER, Defendant CIVIL ACTION - LAW IN 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. Ground for divorce: 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service by John King, Esq., 3/11/05 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff 9/21/05 by Defendant 9/21/05 "'" 4. Related claims pending: None. 5. Date plaintiff's Waiver of Notice In 83301 (c) Divorce was filed with the Prothonotary: 9/30/05 Date defendant's Waiver of Notice In 83301 (c) Divorce was filed with the Prothonotary: 9/30/05 I D\ 1.\\ DC:;- /} '. \ ~ ~~~~E~r~~ITt~~~ire BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff Dated: .' . . . . . . . . :+;;+: 1f.:f.:f.:t: :t: :f.;t;:t' :f.:+. :f. :f.~:f.:f.:f.:+' :+.:f.:+''+':f.:f.:f.+T.T.:f.:f.:f.:f. :f.:f.:f.:f.:f.+:f.++++++++++++~ . . , , . , . . . , . , . , . , . , . , , . , , , . . . . . . , . , . . . . , , . . , . . . . , , . IN THE COURT OF COMMON PLEAS . . . , . , . , . . . . . . . . , . . . , . . . . . OFCUMBERLANDCOUNTY KATHRYN D. HEETER, PEN NA. STATE OF Plaintiff No. 05-1257 CIVIL TERM VERSUS NED J. HEETER, Defendant . . . . . . . , . . . , , . , . , . , . , , . , . , . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. Further, the Matrimonial : Settlement Agreement executed by the parties on Sel?ternber 21, 2005 is incorporated . herein for purposes of enforcement only but otherw1se shall not be merged into ** . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE . : BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT , , . , . , . , . , ** said decree. The . . . , , . . . . . . . , , . , , . . . , , +:+::f. Of.:f. :+. :f. DECREE IN DIVORCE AND NOW, o~ ~9:fl ,A.,ff. ,(Jr;{)(, IT IS ~RDERED AND 1)- DECREED THAT Kathryn D. , PLAINTIFF, Heeter AND Ned J. , DEFENDANT. Heeter YET BEEN ENTERED; No issues remain. with the terms of the Agreement. ATTESTt'UA ~ , .~ "'"O;HONOOA"~ :+.:f :+. 'to;+: +;to :+:'f++ .. ,+::f;f.'f'f:+.:+::+::t':f.:+:;f.+:f. ++++:+.++ :+.++++++++++ . , . . . , . . . , . . . . . . . . . . . . . . , . , . . . . . . . . . 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