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HomeMy WebLinkAbout05-2621 , CECILIA R. HEINBAUGH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2005 - J f-J/ CIVIL TERM DAVID A. HEINBAUGH, SR., Defendant. : 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 in 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 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 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249.3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CECILIA R. HEINBAUGH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION. LAW : 2005. ,;)&)/ CIVIL TERM DAVID A. HEINBAUGH, SR., Defendant. : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND J.ill OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Cecilia R. Heinbaugh, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, David A. Heinbaugh, Sr., representing as follows: I. The Plaintiff is Cecilia R. Heinbaugh, an adult individual with a mailing address at 2127 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013, 2, The Defendant is David A, Heinbaugh, Sr., an adult individual currently residing at 62 Pinedale Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce, 5. The Plaintiff and the Defendant were married on April 25, 1998 in Pennsylvania and separated on or about August 25, 2004. 6. There have been no prior actions of divorce or for annulment between the parties, 7. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. ~ 8. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT Dated: May 18,2005 BY:~~ Douglas . Mil er, Esquire Supreme Court tD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparatiOl, of tbis action. I bave read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A, Section 4904, relating to unsworn falsification to authorities. l ',' , ( . t \\[ ~ ~ c, '. f\, \. \...___.,~ ". '-. ," _' to _, ' ..,.. _, i'_ _' i.. CECILIA R. HEINBAUGH ('- \ tl."",~"" '~ ,Y, Date: 5/18/05 n "'~,) c;;;, r-) , ," <';.Fl ~ :73 :w ?v ) J\ .....u l' ~ ~ "" - ~ li.< "'- ~ C,) ~ '" ~ ~ ,,") -, ~ Q r'"..I '8 " CECILIA R. HEINBAUGH, Plaintiff, : IN THE COURT OF COMMON LEAS OF : CUMBERLAND COUNTY, PEN SYLVANIA v. : CIVIL ACTION - LAW ~fo;J.1 : 2005 - ~ CIVIL TERM DAVID A. HEINBAUGH, SR., Defendant. : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Douglas Miller, Esquire, being duly sworn according to law, does dep se and state: 1. That he is a competent adult and attorney for the Plaintiff in the captio ed action. 2. That a certified copy of the Complaint was served upon the defen ant, David a. Heinbaugh, Sf. on June 7,2005 by certified mail, return receipt reque ted, addressed to David A. Heinbaugh, Sf., at his address at P.O. Box 1441, Carlisle Pennsylvania 17013, with return receipt number 70033110 0004 5770 6947. 3. That the said receipt for certified mail is signed and attached hereto d made a part hereof. I verify that the statements made in this affidavit are true and correct. I under tand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relati g to unsworn falsification to authorities. IRWIN & McKNIGHT Date: [Q - 9 -05 By: Doug as Supreme ourt Id # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Cecilia Heinbaugh ["'- .::r- IT" ...[] U.S. postal ServiceTM CERTIFIED MAILM RECEIPT , (Domestic Mail Only; No Insurance Coverage Provided) CJ ["'- ["'- Lr1 .::r- CJ CJ Return Reclept Fee CJ (Endorsement Required) estrlcted Delivery Fee Endorsement Required (;jj i! ", ~~-y,<~: '. ------ 'i;'~ ! ~" n ! ~of>oS1Iiii'~ik t' '\.! ~ ~: ~'liere' \ ~ t:;; c: ~~;~'" i~ Lo-' ~.~ ...' , <' '; 0- .,:, ," d',"" J'" -;.-. !&t~s<:2!:!1~l ~\'l I~, 'i"/W: \." I :, J ; 'I~,; "0' 0:' IT1 Sent To .:! 1: :5 J!;1.,,;iA---~,--_!!~m-"~"&t!.__s_~'---iimm9------j#1l--- ["'- ",,,,st, Apt. No.. ., II ; I"" ~~.~~__J~~.L.__..____.___...__..... Cl L.................j.'.lU.... CiIY, Slats. ZIP+4 ' . {;ar11s1e, PA 17013 " " . , , '" ' Postage $ 17. IHGnI .l.!JO Certified Fee "J ",C t'\ ( ,-".J 1,75" Total Postage & Fees $ ,So ~, \$ PS Form 3800, June 2002 See Reverse for InstructIons . Complete items 1, 2, 8I"!d 3. Also complete item 4 if Restricted Delivery is desired. . Pri~, 'name and address on the reverse 80 thiif we can return the card to you. , . Attach this card to the back of the mailplece. or on front if space permits. ressed to: Heinbaugh, Sr. 1441 , PA 17013 .. 3. ServIce ~. II CertIflecIMaII C RegIItered C Expnlsa Mall , III Rebm ReCeIpt fer MeR:hat.... . RestrIclec:I Del Fee Xl Yes 2. MIele Number {11anIIIer mn --- ,... PS Form 3811. FClruery 2004 ". 7003 3110 0004 5770 6947 DomIIIc '......... AIaeIpt 1Unl .....1140 2 --.-.... ""- ~:~; =z (") c: :t:;:>" ~ ~ t_ c.: _..,1"- - \~) -11 , \.0 -0 ::l' c.,..) ., N u:> - MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this.lr'ctay of Sot' pfenl ber. 2005, by and between CECILIA R. HEINBAUGH, (hereinafter referred to as "WIFE") and DAVID A. HEINBAUGH, SR., (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on March 27, 1999, and separated on or about August 25, 2004; and WHEREAS, diverse, 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, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: I. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property III a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights, The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (I) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Douglas G. Miller, Esquire of Irwin & McKnight; HUSBAND chooses not to be represented by counsel, and by initialing this page acknowledges his right to be represented by counsel d/t'...; 2 (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counselor after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and 3 obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marnage, 7. REAL ESTATE: HUSBAND agrees to transfer all right, title and interest which he may have in that property located at 2127 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17013 and any improvements thereon to WIFE and releases all claims which he may have regarding said real estate in accordance with this paragraph. WIFE agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, insurance, and any maintenance and repair costs, and hold HUSBAND harmless from any obligations on said payments and indemnify him if any claim is made against him. If necessary and in furtherance of the transfer of all right, title and interest in said real estate, HUSBAND hereby agrees to execute a Deed conveying any interest in the property to WIFE. The parties acknowledge the prior sale of that property located at 135 Media Road, Carlisle, Cumberland County, Pennsylvania, 17013. The proceeds from the sale of said property were divided between the parties by agreement, and each mutually waives any right, title and interest in the proceeds received by the other party. 8. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay support to WIFE and that WIFE will not provide any financial support to HUSBAND. The parties also waive any right they have to receive alimony payments from the other following the entry of the Divorce Decree in this matter. 4 9, PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and specifically agrees to execute all documents necessary to transfer title in the 2004 Pontiac Grand Am GT to HUSBAND within thirty (30) days after HUSBAND obtains the title from the mortgage holder. In the event that HUSBAND is unable to obtain the title, within forty-five (45) days HUSBAND agrees to refinance the current vehicle loan and remove WIFE'S name from said obligation. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance, loan and other financial responsibility associated with said vehicle. Likewise, HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and specifically agrees to execute all documents which may be necessary to transfer title in the 1999 Grand Jeep Cherokee to WIFE within thirty (30) days from the entry of the Divorce Decree in this matter. WIFE shall hold HSUBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and 5 shall be solely responsible for all insurance and other financial responsibility associated with said vehicle, II. MARITAL DEBTS: HUSBAND hereby agrees to remove WIFE'S name from any and all joint accounts within sixty (60) days of the execution of this Agreement. WIFE also hereby agrees to remove HUSBAND'S name from any and all joint accounts within sixty (60) days of the execution of this Agreement. In addition, HUSBAND shall remain responsible for and assume all liability for the Nextel cell phone account which is in his name, HUSBAND agrees to pay said debts and hold WIFE harmless from any obligations on said payments and indemnify her if any claim is made against her. It is mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and hold HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall 6 indemnify and hold WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13, BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 7 16, ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 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 or any other remedies 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 forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 18, ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 8 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsyl vania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter 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, 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. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] 9 IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WIT""SES, ~ Jt~, () .~ ~1c,n' D 7l~1 "- STATEOF tJe"n'n6!fMtT-n/"L COUNTY OF C tJ"n1 h ~ (Ii .. P( AL) SS: . CJ-h PERSONALLY APPEARED BEFORE ME, this L day of cf.e/Jte-mh'eA.., I 2005, CECILIA R. HEINBAUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~n/ TH OF PENNSYLV~ NotataI Seal MIrIlI L Noel, Notay PuilIIc ~ Boro. Ct.ntlertitd CoooIy My Ccm.Jwk.,. l!"PIreo Sept 18, 2007 Moriiber. Pltnnoytvan.. AO_Ollon 01 NOlarf.. 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C [/ 7Y) b 'f.>LLa.- 'r) cL. PERSONALLY APPEARED BEFORE ME, this /hf Y1ay of c:::iefiem~ 2005, DAVID A. HEINBAUGH, SR., known to me (or satisfactorily proven) to be the person SS: whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~EALTH OF PENNSYLVANIA NcIafaI Seal Mar1ha L Noel, Notary PubIc CaIsIe!lao, Cirnbe.1."d ~ My Coo........ , ""'*"" Sept 18,2007 Member. PlBn.,.yIvanje AaIlrCIJ.h' otHocan.. ~d~tZf~ otary Pub II n ...., (.~: :::7) 0 ,-:::':) <en on u:> :;:l P1 -':J fii:.TI r N -'C) rTl C) ~'39 "C! ;_:?~2 , ' ;3: (.'S:u '-.' ./t"-"" ,.- C.5nl :2 t;? ~:;J :;';',1 .r.- 0'> , .U CD -< CECILIA R. HEINBAUGH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2005 - 2621 CIVIL TERM DAVID A. HEINBAUGH, SR., Defendant. : IN DIVORCE PLAINTIFF'S AFFIDA VIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about May 19, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 9-IQ.os: Q~ r~Atf2 CECILIA R. HEINBAUGH ) Plaintiff (') "-' c CO"" 0 .;~ ~~.,.. .~ -n "' C/) --I p, :C:n -u rnp;- - N -om f~ 0 :11'( CCki -u L~r" (" ::":: (j:D c: '....0 "-.,. r:Y Om ..:'"..:... -~\ ..-f ..-..' ",... >- :n \0 .< CECILIA R. HEINBAUGH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2005 - 2621 CIVIL TERM DAVID A. HEINBAUGH, SR., Defendant. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: q.(~~d~ Cv .QUL irlll"'~IO~ CECILIA R. HEINBAUGH I Plaintiff .-" -_::>" cfi[:";"," 4..-_ ," ~:_.0{; , ;.' r"''':; <""..,. ~:~ :2 () c- '" = = c.n C/) fT1 -0 N o o "TI 5! nl::!J -0 hi ,nO ,;-) _L '::::."1CJ -"T ~)l' /~ '5rn ,-1 55 -< .." :J:: ~ .::- v:> CECILIA R. HEINBAUGH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : 2005 - 2621 CIVIL TERM DAVID A. HEINBAUGH, SR., Defendant. : IN DIVORCE DEFENDANT'S AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about May 19,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: <1-/3 -o~ DAVID A. HEINBAUG Defendant () ."t}~~~ rn, . '-;;; ~,:- ' :;i;::J ~D ~ ~;::: C'.: 1-~: --. ~~:3 2': ~ ,.., = C:;:.) c.n (/) rq " N o o 'T1 :I! m:!J :gr~ o _......( ~,..J _. . c:> :rl 0~ )>1 :D -< -0 ::n: r;-? .t:"' W CECILIA R. HEINBAUGH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : 2005 - 2621 CIVIL TERM DAVID A. HEINBAUGH, SR., Defendant. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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 divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, Date: 9 -I ~ ~ oS- DAVID A. HE NBAUG Defendant (") ...., ~~; (":;::, 0 = 0C::;":f-'; en " V> :r-n ",- ,.." ---,- -'\:I m- u" 1'.' r- -"m --;" C,) ?~ )~::; ;i ~~:~:', -U ...~ of :::;: - -d 0-") -7( ::-.: ~ Om =d -of -""'" ~ \D -< CECILIA R. HEINBAUGH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ~r.;).1 : 2005 - ~ CIVIL TERM DAVID A. HEINBAUGH, SR., Defendant. : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: I. That he is a competent adult and attorney for the Plaintiff in the captioned action. 2, That a certified copy of the Complaint was served upon the defendant, David a. Heinbaugh, Sf. on June 7, 2005 by certified mail, return receipt requested, addressed to David A. Heinbaugh, Sf., at his address at P,Q. Box 1441, Carlisle, Pennsylvania 17013, with return receipt number 7003 3110 0004 5770 6947. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S, Section 4904, relating to unsworn falsification to authorities. IRWIN & McKNIGHT Date: [Q -9-05 By: Doug as Supreme ourt Id # 83776 60 West Pomfret Street Carlisle, PA l70B (717) 249-2353 Attorney for Plaintiff Cecilia Heinbaugh .-'l rn . -, th "" V) ~ , ")\k'('~~~ .....'0 i om .foo. << ~e [::; ~~ , ':~~,~, ~, 1= ' "-'~~ Vl 1/, Il!l: "0' '~ ~ ento (/) 0 Ill; ~ ~k4~.....1!.~!!').J:>.~~gt!.....S.~..... ~rl--uui'i'i''''u , 11-... ~il1t~.;~\:;ii"i"3u...nn.... . . ::.;.;.;.:.;.;.:: ~.m Certified Fee r'- ~ <r .J] CJ r'- r'- U1 ~ CJ C Return Reclept Fee c::J (Endorsement RequIred) estricted OaUvery Fee Endorsement Required Total Postage & Fees $ ,So ~, \5 .... .. ..-- ~! r 7003 3110 0004 5770 6947 'r!!~ ---.... II"'.... 2 ,~ 0 <.J [0 F (') ,.., = u c:: = -n :2"'" c..n '-;.' ;'J.:~t (- -._.1 rn , S fT~ .- - 'i eJ! t ~::: 1..0 -. -0 ~2:. () ::it );~ (.,- <2 Z ~ N \D CECILIA R. HEINBAUGH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. 2005-2621 CIVIL TERM DAVID A. HEINBAUGH, SR., Defendant 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: Code. 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) ofthe Divorce 2. Date and manner of service of complaint: : A certified copy of the Complaint in Divorce was served upon the defendant, David A. Heinbaugh, Sf. by certified mail, restricted delivery, on or about June 7, 2005. The Affidavit of Service was filed with the Prothonotary on or about June 9, 2005, 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff: September 19, 2005 by defendant: September 13,2005 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 20, 2005 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 20, 2005 Date: September 20, 2005 Douglas . Miller, Esquire Attorney for Plaintiff <") ....., f::~ = 0 r:;;.) (;.11 -" ";:-1'-:;- ,..,.c," C/) :J'!:n ~, ,.., \:; rtJ_ r- U') J N -om ~:.: 0 :')~ o( .~tr~ " ~i-f :T:-Tj ::I: (.~o -~ ,.---. c5rn .....::::... ry .... ::.;: U1 55 0 ...; ~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. CECILIA R. HEINBAUGH, No. 2005-2621 Plaintiff VERSUS DAVID A. HEINBAUGH, SR., Defendant DECREE IN DIVORCE AND NOW, S'~~ t.-, ....., ./ ,...,.) ,'l/V' , IT IS ORDERED AND - DECREED THAT CECILIA R. HEINBAUGH , PLAINTIFF, AND DAVID A. HEINBAUGH, SR. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOt11N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; V NV",-- the parties is hereby incorporated into.this merged. The Marriage Settlement Agreement dated September and signed by By Tt: COUR~0' \ "--4!L-~, ATTe~_ J . -=~7 PROTHONOTARY .~ ~ ~/ ~~ JO'-8r-"~ 77?T17/Y g ~~ 4tl ~ ~'~'b ,. -- ..... .. ~~. ....... ~. ' ~ ~ ..... CECILIA R. HEINBAUGH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2005-2621 CIVIL TERM DAVID A. HEINBAUGH, SR., Defendant : IN DIVORCE NOTICE OF INTENTION TO RETAKE AND USE PRIOR NAME I, CECILIA R. HEINBAUGH, hereby give notice, avowing my intention to resume and hereafter use my prior surname, to wit: CECILIA R. COOPER, in accordance with the provisions of the Act of December 16, 1982, PL. 1309, No, 295, Section 704(a) (54 Pa.C.S.A. 704(a). My divorce is docketed to 2005-2621 Civil Term. I verify that the statements made in this document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. IN WITNESS WHEREOF, I have hereunto set my hand and seal this i/4f1;-- day of September, 2005. WITNESSED: (\I'JI'17'I. \b.JjllfY\il~L) CECILIA R. HEINBAUGH - TO BE KNOWN AS: eM oQ~ 0 ~(l~O/1 CECILIA R. COOPE (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: PERSONALLY APPEARED BEFORE ME, this _ day of September, 2005, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, CECILIA R. HEINBAUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Notice of Intention to Retake and Use Prior Name, and acknowledges that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal, ~, ~~ ("0 ~~J ~~~ ~ (') ~; ~ ~J~~~,:' " f~::~-' 'j;~; ":2 ~ ~ if> q ~ - -<' Q.. ~ fnf? -r; ~~. ~-'10 (}~;L :C:;;.C?, .:",~\i' '::::2\ ,',-" 'a: ::Jt~. r:? ()'\ -'