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e IN THE COURT OF COMMON PLEAS 8
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'" STATE OF PENNA,
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ROSEMARY HECKARD,
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DAVID F, HECKARD,
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Defendant
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AND NOW,
DECREE 'N..A.--
D I V 0 R C E u..... ?; ~ 67 f ~
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decreed that ",. ,~9~,E.l'!~~, .H, C;:!<!\.IW. .. , , , . , , " , , " ." , , , , " " plaintiff.
and, .... , , .. .. , .. DAVID. Po, . HECKARD. ... . , , , , .. , .. , , .. , , .. .., 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;
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is, .incor.pora.ted, but. not .merg~d. in-to. this, Di.vorce- ,Decree. ' , , , , , , , ,
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ROSEMARY HECKARD,
Naintiff
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II 95-pB6
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CIVIL
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DAVID F. HECKARD,
Defendant
rllAEClrE TU 'TMIISlI1f RECOIlU
To the frothollotnry:
Trnllllllllt the record, t08f!thf!r lIith the Collolll1l8 lllCorllllltLon, to the court
Cor entry oC II dIvorce decree:
1. Cround (or divorce. irretrievnbie brenkdo"lI ullder Section (33Ul(c)
'xKUl<kbd:)c(l)) of the Vivorce Code,
(StrIke out LllnppLlcnble sectIon.)
2. U"te alld lII"nller of service oC the coml,lnlllt: June 24, 1995 by
Certified Mail, Restricted Delivery, Return Receipt Requested.
3. (Complete either paragraph (a) or (b) ,)
(a) V"te of executIon oC the "fCLd.1vit of conllent reqaired by SectIon
oC the Vlvorce Code: by the pLdntLCC
by deCend"lIt January 7, 1997
January 7, 1997
(b) (1) V:lte oC executLon oE the pl.1LntLCE's aCCLdavit requLred by
S..c tloll 3 3U 1 (u JoE the Vlvorce Cod..:
(2) d,He of service oE the pl.1LlltlCi's aCfid:lvlt upon the dei.!IIdant:
I" Related cl:11llls I'elldlllg:
See attached Property Settlement Aqreement
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Attorney Eor (fLdlltlEE)
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Andrew C. Sheely, Esqu1re
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MARITAL PROPERTY AND SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 7th day of January, 1997, by
and between Rosemary Heckard, party of the first part, hereina-
fter referred to as "Wife", and David F, Heckard, party of the
second part, hereinafter referred to as "Husband",
WITNESSETH:
WHEREAS, the parties hereto are husband and wife,
having been married on August J, 1968, in Enola, Pennsylvania,
separating on or about August 1, 1994; and
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated, living
independent and apart from one another, 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 Wife by
Husband or of Husband by Wife; and in general, the settling of
any and all claims and possible claims by one against the other
or against their respective estates,
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
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marital status, particularly with respect to the relevant sec-
tions of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No.
26, as amended, 23 P,S, 3101 et sea" and being fully aware of
their right to consult with or having consulted with their
respective legal counselor advisors, namely Andrew C, Sheely,
Esquire, Attorney for Wife, and P. Richard Wagner, Esquire,
Attorney for Husband, and acknowledging the opportunity and
ability to request a full and complete disclosure of income and
assets from the other, and reviewing this Agreement, have come to
an agreement as to each and all of their said matters of property
and relations; and
WHEREAS, Wife has filed a Complaint in Divorce, said
Complaint being docketed in the Prothonotary's office of Cumber-
land County, Pennsylvania, at No, 95 - 3386,
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
1. ADVICE OF COUNSEL
Husband and Wife acknowledge that they have been given
the opportunity to obtain the advice of counsel regarding the
provisions of this Agreement and their legal effect in advance of
the date set forth above to permit such independent review, Each
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party acknowledges that he or she has had the opportunity to
receive independent legal advice from counsel from his or her
selection, and that each fully understands the facts and has been
fully informed as to his her or her legal rights and obligations,
and each party acknowledges and accepts that this Agreement is,
and the circumstances, fair and equitable, after having the
opportunity to receive such advice and with such knowledge, and
that execution of this Agreement is not the result of any im-
proper or illegal agreement or agreements, In addition, each
party hereto acknowledges that he or she has had the opportunity
to be fully advised by his or her respective attorney of the
impact of the pennsylvania Divorce code, whereby the court has
the right and duty to determine all marital rights of the parties
including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or pos-
sessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same and having the opportunity
to be fully advised if his or her rights thereunder, each party
hereto still desires to execute this Agreement, acknowledging
that the terms and conditions set forth therein are fair, just
and equitable to each of the parties, and waives his and her
respective right to have the Court of Common Pleas of Cumberland
county, or any other court of competent jurisdiction, make any
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determination or order effecting the respective parties rights to
a divorce, alimony, alimony pendente lite, equitable distribution
of all marital property, counsel fees and costs of litigation.
2, SEPARATION
It shall be lawful for each party at all times
hereafter to live separate and apart from each other in such
place or places as he or she may from time to time choose,
3, INTERFERENCE
Each party shall be free from interference, authority
and control, direct or indirect, by the other as fully as if he
or she were single and unmarried. Neither shall molest the other
or their respective families, or compel or endeavor to compel the
other to cohabitate or dwell with him or her, or to in any way
harass or malign the other or their respective families,
4, WAIVER OF CLAIMS AGAINST ESTATES
Except as otherwise provided herein, Husband relin-
quishes his inchoate intestate right and his right to act as a
personal representative in the estate of Wife, and Wife relin-
quishes her inchoate intestate right and her right to act as a
personal representative in the estate of Husband, Each of the
parties hereto by their presents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
release, quit-claim and forever discharge the other party hereto,
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his or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or nature,
for or because of any matter or thing omitted or suffered to be
done by said other party prior to and including the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affect
any cause of action in absolute divorce which either party may
have against each other,
5, MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly, various
marital assets and real property, liabilities, debts, including
the following items:
A, Assets
(i) Real property located at 4750 Creekview Road,
Mechanicsburg, Pennsylvania (marital residence)
with an agreed upon value of $98,000,00; and
(ii) Harnden Township Police Pension Plan with a value
of $148,590; and
(iii) Pennsylvania Blue Shield Retirement Plan with an
agreed upon value of $10,000.00; and
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(iv) 1989 Pontiac Firebird with an agreed upon value of
$2,000,00; and
(v) 1995 Chevrolet Cavalier, or proceeds thereof, with
an agreed upon value of $600,00; and
(vi) Miscellaneous personal property, including guns,
furniture, personal items, jewelry, increase in
value of non-marital property, sporting goods and
equipment, coins and cash with an agreed upon
value of $2,4850,00; and
B. DEBTS
(i) First Union Line of credit; and
(H) AT&T Universal Card; and
(Hi) Lowes credit card debt; and
(iv) Montgomery Ward credit card debt; and
(v) Sears & Roebuck credit card debt;
(vi) PNC BANK loan; and
(vH) BELCO loan,
Husband and Wife acknowledge that they are aware of
their respective rights pursuant to the Divorce Code of 1980, as
amended, to obtain formal valuations or appraisals of the marital
residence, and other items of marital property, The parties
hereby waive any necessity for completing or attaching any
financial disclosure(s). Each party further acknowledges the
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opportunity to attach a full and complete financial disclosure
and that such disclosure is not desired to effectuate a fair and
equitable resolution of their marital rights, duties and obliga-
tions as provided in the Divorce Code of 1980, as amended,
6, PERSONAL PROPERTY
The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances and other household personal property
between them, and they mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her posses-
sion, whether said property is heretofore owned jointly or
individually by the parties hereto, and this Agreement shall have
the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual posses-
sions of each of the parties hereto.
7, REAL ESTATE
Simultaneously with the signing of this Agreement,
Husband agrees to transfer his right, title and interest in and
to the parcel of jointly-owned real estate with improvements
thereon situate at 4750 Creek View Road, Mechanicsburg (Hampden
Township) Pennsylvania, as more specifically described in the
deed attached hereto as Exhibit "A", to Wife, and to sign all
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documents necessary to effect said transfer of the title to the
real estate to her name individually, Husband and Wife ac-
knowledge that no other encumbrances, liens, jUdgments or other
liabilities are presently recorded against the real estate and
improvements set forth in Exhibit "A", other than those described
above, Wife further shall indemnify Husband on account of any
obligation he may have to her concerning the ownership of the
real estate including, but not being limited to, municipal liens,
real estate taxes, sewer and water assessments, fire and casualty
insurance, and utilities, Wife shall be entitled to any escrows
or other amounts refunded to the parties paid as a result of the
refinancing and Husband shall endorse any checks made payable to
both parties as a result of satisfaction of any mortgage or other
debt,
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Wife further agrees to satisfy and save Husband harm-
less from any obligation which he may be liable for his respec-
tive share of any capital gains taxes which may be assessed
hereafter as the result of any future sale of the above-described
real estate,
8, MONTHLY PAYMENT
Due to the value of Husband's Hampden Township Police
Pension and the parties agreement that Husband shall maintain
such pension benefit in its entirety, Husband and Wife agree that
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Husband shall pay Wife a monthly payment in order to effectuate a
equitable division of marital assets. Husband and Wife agree that
Husband's payment of an amount of $45,000,00 (without interest)
is necessary to achieve an equitable distribution of marital
day of each month, commencing on February 1, 1997. Nothing
herein shall be construed to prevent Husband from making addi-
tional payments to the monthly amount of $375,00 per month in
order to prepay the amount of $45,000.00 in advance of the ten
(10) year period,
assets.
In order to achieve this result, Husband and Wife agree
that Husband shall pay wife a monthly payment of $375,00 as a
deferred property distribution due to his inability to obtain the
funds necessary to effectuate an immediate equitable distribution
of assets and liabilities, This monthly payment shall be inter-
preted as a distribution of property which is necessary to
effectuate an equitable distribution of assets and is intended to
offset the present value of Husband's police pension benefit
which exceeds the value of all other marital assets, The monthly
payment of $375,00 shall continue for a period of ten (10) years
and shall be evidenced by a judgment note which shall be executed
simultaneously herewith, The payment of $375,00 per month shall
be non-taxable payments to Wife and paid on or before the first
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Husband shall execute a confession of judgment note on
the date of execution of this Agreement, which shall be held by
Wife's attorney in the event that Husband defaults under the
terms and conditions of payment set forth in this paragraph, In
the event Husband is in default of any payment herein, and
remains in default in excess of fourteen (14) days after written
notice to Husband's attorney of record, Wife's attorney shall
determine the amount due pursuant to the confession of judgement
note, record such judgment in the amount that remains unpaid by
Husband and execution shall immediately follow, A copy of this
note shall be attached hereto as Exhibit "B", Nothing herein
shall prevent Wife from seeking other remedies authorized by this
Agreement or allowed by law to enforce the terms of this Agree-
ment.
All financial obligations undertaken by Husband in this
paragraph shall be binding on his heirs, executors, administra-
tors, successors and assigns, and shall constitute a charge
against his estate, notwithstanding any other provision of this
Agreement. It is further acknowledged and agreed that these
payments shall not be discharged in bankruptcy and that they
shall be deemed a priority claim of his estate. In the event
Husband files for bankruptcy and his obligations hereunder are
discharged, nothing set forth in this Agreement shall prejudice
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Wife from seeking modification of this Agreement in any court of
appropriate jurisdiction,
9, MOTOR VEHICLES
The parties hereto agree that Husband shall be entitled
to have the sole and exclusive control, benefit, use and title of
the 1989 Pontiac Firebird, or the proceeds thereof, and that he
shall further hold Wife harmless from and assume full respon-
sibility for any liability for the 1989 Pontiac Firebird, in-
cluding the insurance payments thereon, The parties hereto agree
that Wife shall be entitled to have sole and exclusive control,
benefit, use and title of the 1985 Chevrolet Cavalier, or the
proceeds thereof, and that she shall hold Husband harmless from
and assume full responsibility for any liability for the 1985
Chevrolet Cavalier.
The parties hereto agree that titles to the motor
vehicles shall be transferred within twenty (20) days from the
date of this Agreement to the party receiving the motor vehicle,
if applicable,
10, MISCELLANEOUS
(A) The parties hereto acknowledge and agree that any
and all savings and checking accounts, as well as certificates of
deposit and other investment accounts, owned by them jointly or
singly, have been divided to their mutual and individual sati-
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staction.
(B) Neither party hereto shall make a claim upon the
other tor accumulated pension, protit-sharing, retirement sup-
port, retirement benetits, insurance policies, IRA's, or any
retirement-related benetits, excepting only those benetits set
torth in the Agreement, specifically, Husband waives any and all
interest in Wife's Pennsylvania Blue Shield Retirement Plan, and
Wife waives any and all interest in Husband's pension with the
Hampden Township Police Pension Plan,
(e) The parties hereto acknowledge and agree that any
and all life insurance policies owned by them jointly or singly
have been divided to their mutual and individual satisfaction,
Each party hereto acknowledges that they have in their sole
possession those policy or policies of life insurance which they
intend to keep and retain as their sole and exclusive property
and, further, each party shall have the right to designate the
beneficiaries of said policies, Husband shall continue to
maintain Wife as the beneficiary under his life insurance policy
provided through his Employer, Hampden Township, and shall
provide Wife with evidence that she is the named beneficiary on
an annual basis or provide her with authorization to obtain such
information directly from Hampden Township or any other provider
during the ten (10) year period,
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(D) The division of existing marital property is not,
except as otherwise expressly provided herein, intended by the
parties to constitute in any way, a sale or exchange of assets
and the division is being affected without the introduction of
outside funds or other property not constituting a part of the
marital estate. As a part of an equitable division of the
marital properties and the marital settlement herein contained,
the parties hereto agree to save and hold each other harmless
from all income taxes assessed against the other resulting from
the division of the property as herein provided.
(E) Each party represents and warrants to the other
that he or she has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on which
the other party is or may be liable, A liability not disclosed
in this Agreement will be the sole responsibility of the party
who has incurred or may hereafter incur it, and such party agrees
to pay it as the same shall become due, and to indemnify and hold
the other party and his or her property harmless from any and all
such debts, obligations and liabilities,
(F) Each party represents and warrants to the other
that each shall file separate income tax returns for tax year
1996 and thereafter, Information maintained by one party which
is necessary to complete any subsequent income tax return by the
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other party shall not be unreasonably withheld upon the request
of either party,
(G) The parties hereto agree that any and all obliga-
tions incurred subsequent to the date of separation, said date
being August 1, 1994, (excluding debts set forth in this Agree-
ment) shall be the sole and individual responsibility of the
party incurring the obligation. Husband represents and warrants
to Wife that from the signing of this Agreement and in the future
he will not contract or incur any debt or liability for which
Wife or her estate might be responsible and shall indemnify and
save harmless Wife from any and all claims or demands made
against her by reason of debts or obligations incurred by him,
Wife represents and warrants to Husband that from the signing of
this Agreement and in the future she will not contract or incur
any debt or liability for which Husband or his estate might be
responsible and shall indemnify and save harmless Husband from
any and all claims or demands made against him by reason of debts
or obligations incurred by her,
11, DEBTS OF HUSBAND AND WIFE
Husband and Wife acknowledge have incurred various
marital, (joint and separate) debts prior to separation, Pre-
sently, Husband and Wife remain indebted to the following persons
or entities in the following approximate amounts:
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Amount of D~
A,
B.
C.
D.
E.
F,
G.
AT&T Universal Card
Montgomery Ward
Sears & Roebuck
Lowes
PNC BANK (loan)
BELCO loan
First Union (credit line)
$705.87
$595.92
$428,49
$333,72
$739,66
$393.00
$24,601,19
Wife hereby agrees that she shall assume and satisfy
the above-referenced debts through refinancing or any other
method of payment within ninety (90) days from the date of this
Agreement or within a reasonable period of time thereafter.
12, ALIMONY, SUPPORT AND MAINTENANCE
Husband shall pay Wife, as alimony, the sum of one
hundred dollars ($100,00) per month, beginning on February 1,
1997 for 120 consecutive months, payable on the first day of each
month. The alimony amount of $100,00 per month shall be non-
modifiable, excepting only a substantial change in circumstances
directly related to a physical or mental disability, medical
condition or the health of either party, which limits or impairs
the ability of either party to work. Upon conclusion of the
120th month, the amount of alimony shall increase to the amount
of $250,00 per month, Nothing in this Agreement shall prevent
either party from petitioning for modification of such amount for
any reason after the one hundred twenty (120) month period,
In the event Husband fails to make an alimony payment
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prior to the first (1st) day of each month, this Agreement shall
be submitted to the Domestic Relations Office of cumberland
county for enforcement purposes, In such event, each party
agrees to execute any documents as are required by the Domestic
Relations Office to effectuate the terms of this Agreement,
Husband shall assume all costs associated with his obligation to
pay Wife alimony pursuant to the terms of this Agreement,
Alimony awarded pursuant to this paragraph shall cease
upon either Husband or Wife's death, Wife's remarriage or wife's
cohabitation, The alimony payments awarded pursuant to this
paragraph shall be taxable to wife's income and deducted from
Husband's income in accordance with all tax laws and Internal
Revenue Service Rules and Regulations.
In the event that Husband becomes a debtor in any
bankruptcy proceeding or financial reorganization of any kind,
which proceeding results in the discharge of any obligations due
to Wife under paragraph B, or which result in any transfers or
payments to Wife pursuant to paragraph being set aside as prefer-
ential transfers, then Husband specifically agrees that not-
withstanding any of the other waivers or limitations with respect
to alimony set forth in this Agreement, or which exist under
applicable law, Wife shall be permitted to petition for alimony
under the law of the Commonwealth of pennsylvania in effect at
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the time of execution of this Agreement, Husband specifically
waives the right to assert any defenses to the alimony claims
except those set forth in ~501(b) of the Divorce Code of 1980, as
amended, 23 P.S. ~3701 (b) and (e) or any future amendments,
When considering the factors set forth under in Section 501 (23
Pa,C.S.A, ~3701), the court shall consider those factors as of
the time of the application, except that in addition the court
shall also consider that certain obligations which would other-
wise have been paid to Wife have been discharged, It is the
specific intent of the parties that, as nearly as possible, Wife
shall receive according to the provision of this paragraph the
full amount of the property that she would have received had the
debts not been discharged.
13. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party
waives his or her right to alimony and further distribution of
property inasmuch as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property
in accordance with the Divorce Code, as amended, Subject to the
provisions of this Agreement, each party has released and dis-
charged and by this Agreement does for himself or herself, and
his or her heirs, legal representatives, executors,
administrators and assigns, release and discharge the other of
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and from all causes of action, claims, rights or demands what-
soever in law or equity, which either of the parties ever had or
now has against the other, except any or all cause or causes of
action for divorce or except in any or all causes of action for
breach of any provisions of this Agreement, Each party also
waives their right to request marital counseling pursuant to
section 3302 of the Divorce Code.
14, SUBSEOUENT DIVORCE
A decree in divorce entered by a court of competent
jurisdiction to either party shall not suspend, supersede or
affect the terms of this Agreement, Both parties agree, if
requested, to enter a Consent Order or Orders concerning the
provisions of this Agreement in the Court of Common Pleas of
CUmberland county, Pennsylvania, or any other Court of competent
jurisdiction, as a part of a resolution of any divorce action
filed or to be filed, This Agreement, and the terms and
conditions contained herein, as well as the enforcement of said
terms and conditions, shall be contingent upon the granting of a
Divorce Decree to either party by the Court of Common Pleas of
Cumberland County, pennsylvania, or any other Court of competent
jurisdiction. Furthermore, both parties hereto agree, if re-
quested, to execute the appropriate affidavits of consent and
waiver of formal notice forms to secure a No-fault Divorce as may
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be required by the Divorce Code, as amended, Such forms shall be
signed by both parties upon transfer of the real estate and
exchange of funds as set forth in Paragraphs 7 and B above, Both
parties hereto agree that this Agreement may be incorporated into
a separate Court Order but shall not merge in such order,
15, 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.
Husband and Wife acknowledge and agree that the provisions of
this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and
satisfactory to them based on the length of their marriage and
other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provisions of
this Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by
any court of competent jurisdiction pursuant to section 3502 of
the Divorce Code or any amendments thereto. Husband and Wife
each voluntarily and intelligently waive and relinquish any right
to seek a court ordered determination and distribution of marital
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property, but nothing herein contained shall constitute a waiver
by either party of any rights to seek the relief of any court for
the purpose of enforcing the provisions of this Agreement,
16. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is fair
and equitable, that it is being entered into voluntarily, with
full knowledge of the assets of both parties, and that it is not
the result of any duress or undue influence, The parties
acknowledge that they have been furnished with all information
relating to the financial affairs of the other which has been
requested by each of them or by their respective counsel.
17, ADDITIONAL INSTRUMENTS
Husband and Wife 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 terms of this Agreement,
lB. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance of any of the
20
,....t",,~
, . ,
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature. The
waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or construed as a waiver of
any other term, condition, clause or provision of this Agreement,
19. BREACH
If either party hereto breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for such breach, or seek other remedies or
relief as may be available to him or her. Both parties agree and
are aware that non-compliance with any provision of this Agree-
ment permits either party to pursue appropriate legal remedies,
including sanctions as set forth in 23 Pa, C,S.A, ~3105,
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys' fees, costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable for, in any way whatsoever, or
shall pay upon, or in consequence of, any default or breach by
the other of any of the terms or provisions of this Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
against the other at law or equity or both or in any way what-
soever, provided that the party who seeks to recover such
21
,
~.
f ~
,
,
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attorneys' fees, costs and legal expenses and expenses must first
be successful in whole or in part, before there would be any
liability for attorneys' fees, costs, legal expenses and
expenses, It is the specific agreement and intent of the parties
that a breaching or wrongdoing party shall bear the burden and
obligation of any and all costs and expenses and counsel fees
incurred by the other party in endeavoring to protect and enforce
his or her rights under this Agreement,
All remedies provided by law and all remedies provided
for in this Agreement for enforcement of the Agreement shall be
deemed to be cumulative and the exercise of one remedy shall not
bar or prevent the pursuit of any other remedy and either party
may elect to pursue such remedies simultaneously and the exercise
of a remedy one or more times shall not exhaust its use or
prevent further pursuit of such remedy,
20. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for
convenience only, They shall not have any effect whatsoever in
determining the rights or obligations of the parties.
21, INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between
the parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement,
22
22, APPLICABLE LAW
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania, For purposes of contract inter-
pretation and for purposes of resolving any ambiguity herein, the
parties agree that this Agreement was prepared jointly by their
respective attorneys,
23, VOID CLAUSES
If any term, conditions, clause or provision of this
Agreement shall be determined or declared to be void or invalid
in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full
force, effect and operation,
24, BINDING AGREEMENT
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns,
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written,
WITNESS: , r)'
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(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
L~'.' . ('", 1.,1 ,}.:
SS,
,'.
On this, the ,'v day of ,y,:" ',t' , 1997,
before me, the undersigned officer, personally appeared David F,
Heckard, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and ack-
nowledged that he executed the same for the purposes therein
contained,
IN WITNESS WHEREOF, I hereunto set my hand and official
seal,
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" " . Nota"ty Public
My Commission Expires:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the ~ day of ..7/.-".",..../ ,1997,
before me, the undersigned officer, personally appeared Rosemary
Heckard, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and
acknowledged that she executed the same for the purposes therein
contained,
SS,
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
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My Commission Expires:
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Tax Parcel No.
THIS DEED,
MADE THE
7th day of January in the year one thousand nine
hundred ninety-seven (1997)
BETWEEN
DAVID F. HECKARD and ROSEMARY HECKARD, husband and
wife, 'of Mechanicsburg, Cumberland County,
Pennsylvania,
Grantors
and
ROSEMARY HECKARD, of Mechanicsburg, Cumberland
County, Pennsylvania,
Grantee:
~NESS~lf, that in consideration of One and No/100 Dollars
($1,00), in hand paid, the receipt whereof is hereby
acknowledged, the said Grantors do hereby grant and convey to the
said Grantee, her heirs and assigns, as follows:
ALL THAT CERTAIN piece or parcel of land situate in the Township
of Hampden, Cumberland County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a monument on the north side of Creekview Road at
lands now or formerly of Township of Hampden; thence along the
north side of Creekview Road, South 65 degrees 58 minutes 28
seconds West, a distance of 90 feet to a point on the same at
line of other remaining lands now or formerly of Charles M, and
Thelma G, Kemberling of which the lands herein described were a
part; thence along said other remaining lands now or formerly of
Charles M. and Thelma G, Kemberling, the following two (2)
courses and distances: (1) North 24 degrees 16 minutes 26 seconds
West, a distance of 133.34 feet to a point: and (2) North 65
degrees 43 minutes 34 seconds East, a distance of 90 feet to a
point at line of lands now or formerly of Township of Hampden;
thence along said lands of Township of Hampden, South 24 degrees
16 minutes 26 seconds East, a distance of 133.73 feet to a
monument on the north side of Creekview Road, the place of
BEGINNING.
BEING Lot No, 2 as shown on that certain subdivision plan of lots
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made for Charles M, Kemberling and Thelma G. Kemberling and
recorded in the Cumberland county Recorder of Deeds Office in
Plan Book 34, Page 104,
HAVING ERECTED THEREON a dwelling house being known and numbered
as 4750 Creekview Road, Mechanicsburg, Pennsylvania,
BEING the same premises which Charles M, Kemberling and Thelma G,
Kemberling by deed dated March 5, 1985 and recorded on March 8,
1985 in the Cumberland county Recorder of Deeds Office in Deed
Book "D", Volume 31, Page 442, granted and conveyed unto David F,
Heckard and Rosemary Heckard, the Grantors herein,
AJ{.Dthe said Grantors hereby covenant and agree that they will
warrant specially the property hereby conveyed,
THIS IS A CONVEYANCE FROM HUSBAND AND WIFE TO WIFE ONLY AND IS,
THEREFORE, EXEMPT FROM THE PAYMENT OF REALTY TRANSFER TAXES,
[}{ pv.r.r}{ESS ~~OF. said Grantors have hereunto set their hands
and seals the day and year first above written.
"
Slgnod, s...Jed ~"nx1
In tho l'nloo at
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David F, Heckard
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Rosemary He ard
COMMONWEALTH OF PENNSYLVANIA
SS,
COUNTY OF CUMBERLAND
On this, the 7th day of January, 1997, before me, the under-
signed officer, personally appeared David F, Heckard and Rosemary
Heckard, known to me (or satisfactorily proven) to be the persons
whose names were subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal,
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Notary Public'
My Commission Expires:
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(SEAL)
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I do hereby certify that the precise residence and complete
post office address of the within named grantee is 4750 Creekview
Road, Mechanicsburg, Pennsylvania 17055,
January 7, 1997
1 "11
/ y/, ,.,.' (}l. 1\
ndrew C, Sheely, (N,T,S,)
Attorney for Grantee '
'--.-/
COMMONWEALTH OF PENNSYLVANIA
55,
COUNTY OF CUMBERLAND
RECORDED on this day of ,
19 , in the Recorder's Office of the said County, in Deed
Book , Page
Given under my hand and the seal of the said office, the
date above written,
, Recorder.
, .
,-
. ., .
JUDGMENT NOTE
$45,000,00
FOR VALUE RECEIVED, I, David F, Heckard, of
January 7 ' 1997
Hampden Township,
Cumberland County, promise to pay to the order of Rosemary Heckard, of
4750 Creekview Road, Pennsylvania, the sum of Forty-five thousand and
00/100 Dollars ($45,000,00), without offset, at an amount of $375,00
per month until fully paid,
AND FURTHER, I do hereby authorize and empower any attorney or the
Prothonotary of Cumberland county, Pennsylvania, or any Court of Record
of Pennsylvania or elsewhere to appear for and enter Judgment against
me at any time before or after maturity for the above sum, with or
without declaration, with costs of suit, release of errors, without
stay of execution, and with ten (10)% added for collection fees; and I
hereby agree not to make any motion or any application whatsoever to
any Court for an inquisition on any real estate that may be levied upon
to collect the aforesaid sum, and I voluntarily condemn same, and
authorize the Prothonotary or any Court of Record to enter said volun-
tary condemnation upon the Writ of Execution and I further agree that
any property, real, personal or mixed may be sold through a writ of
Execution and further hereby waive and release all relief from any and
all appraisements, stay or exemption laws of any state now in force or
which are passed hereafter,
WITNESS my hand and seal the day and year first above
written.
~
WIT~;,SS~
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DAVID F, HECKARD
(SEAL)
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EXHIBI! "Oil
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DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS DAY OF , 1997, A JUDGMENT
NOTE FOR $45,000,00 OBLIGATING ME TO REPAY THAT AMOUNT, INITIALS:z?L/~
I UNDERSTAND AND HAVE HAD EXPLAINED TO ME THAT THE NOTE CONTAINS
WORDING THAT WOULD PERMIT ROSEMARY HECKARD TO ENTER JUDGMENT AGAINST ME
l
l
,
I
AT THE COURTHOUSE, WHETHER OR NOT SAID NOTE IS IN DEFAULT, WITHOUT
NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST
THE ENTRY OF JUDGMENT, AND THAT THE JUDGMENT MAY BE COLLECTED BY ANY
LEGAL MEANS, INITIALS: 1J11I-
IN EXECUTING THIS NOTE, I KNOWINGLY, UNDERSTANDINGLY, AND VOLUN-
TARILY WAIVE MY RIGHT TO RESIST THE ENTRY OF JUDGMENT AGAINST ME AT THE
COURTHOUSE, AND I AM CONSENTING TO THE CONFESSION OF JUDGMENT,
INITIALS::1l::!:
I CERTIFY THAT I HAVE HAD
(2-
YEARS OF SCHOOL, THAT I HAVE
INCOME OF MORE THAN $10,000,00 PER YEAR, AND THAT THE BLANKS IN THIS
DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT, AND THAT I
RECEIVED A COPY AT THE TIME OF SIGNING, INITIALS: Jldt
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DAVI F, HECKARD
(SEAL)
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 9<; 3~H.. CIVIL TERM
IN DIVORCE
ROSEMARY HECKARD,
plaintiff
vs,
DAVID F. HECKARD,
NOTICB TO DBPBND AND CLAIM nIGHTS
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 against
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 with your children.
When the ground for the divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling, A list
of marriage counselors is available in the Office of the Prothonotary
at the Cumberland County 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,
Court Administrator
Fourth Floor
Cumberland county Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
(717) 697-0371
By:
Andrew C, Sheely,
PA, I,D, No. 62469
1 West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiff
ROSEMARY HECKARD,
Plaintiff
,
.
.
,
,
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, q.,. 3" U" CIVIL TERM
IN DIVORCE
vs,
DAVID F. HECKARD,
Defendant
:
COMPLAINT
1, Plaintiff is Rosemary Heckard, who currently resides at 4750
Creekview Road, Mechanicsburg, CUmberland County, Pennsylvania,
2. Defendant is David F, Heckard, who currently resides at 4750
Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania,
3, Plaintiff and Defendant have been bona fide residents of 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 August 5, 1968, at
Enola, Pennsylvania,
5. There have been no prior actions of divorce or annulment
between the parties,
6, Plaintiff has been advised of the availability of marriage
counseling and understands that she may have the right to request that
the court require the parties hereto to participate in counseling.
7, Plaintiff avers as grounds upon which this action is based are:
(A) That the Defendant has offered such indignities to the
Plaintiff, the injured and innocent spouse, as to render her condition
intolerable and life burdensome or, in the alternative;
(B) That the Defendant has committed adultery on numerous
occasions with Vickie Keller; and
(C) That the marriage between the parties hereto is
irretrievably broken and that the Plaintiff and Defendant have lived
separate and apart since August 1994 or, in the alternative;
(D) That Plaintiff and Defendant are now living separate and
apart and, at the appropriate time, plaintiff will submit an Affidavit
alleging that the parties have lived separate and apart for at least
two (2) years and that the marriage is irretrievably broken.
WHEREFORE, plaintiff requests your Honorabla Court to enter a
decree in divorce divorcing Plaintiff and Defendant absolutely.
POUNT I. EOUITABLE DISTRIBUTION
8. The allegations in Paragraphs 1 through and inclUding 7 are
incorporated herein and made a part hereof,
9, Plaintiff and Defendant have legally and beneficially acquired
marital property, both real and personal, during their marriage from
August 5, 1968 to August 1994,
10, plaintiff and Defendant have been unable to agree as to the
equitable division of said marital property to the date of the filing
of this Complaint.
WHEREFORE, Plaintiff requests your Honorable Court to equitably
divide all marital property pursuant to Section 3501 and 3502 of the
Divorce Code prior to the entry of a final divorce decree.
COUNT II, ALIMONY
11. The allegations in Paragraphs 1 through and inclUding 10 are
incorporated herein and made a part hereof,
2
12. Plaintif.f lacks sufficient assets, income and benefits to
provide for her reasonable means and support following the entry of a
divorce decree.
13. Plaintiff requires reasonable alimony to support herself
following the entry of a divorce Decree,
WHEREFORE, Plaintiff requests your Honorable Court to enter an
award of alimony upon the entry of a divorce decree pursuant to section
3701 of the Divorce Code,
COUNT III, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES
14, The allegations in Paragraphs 1 through and including 13 are
incorporated herein and made a part hereof,
15, Plaintiff requires reasonable support to adequately maintain
herself prior to the entry of a final Divorce Decree.
16. Defendant's financial position is far more superior than
Plaintiff's financial position, and Plaintiff is unable to pay the
necessary and reasonable attorney's fees,
WHEREFORE, Plaintiff requests that this Honorable Court preserve
her right to seek an award of reasonable, temporary alimony and addi-
tional income, as well as interim counsel fees, costs and expenses as
may become necessary from the time hereafter until a final hearing and
permanent alimony award thereafter,
----
Date: Jv^",- 2...7... ('t'1<;
I
R~ff~3'rmitted
Andrew C, Sheely, quire
Attorney for Plain ff
(SEAL)
3
I verify that the statements made in this Complaint are true and
correct, I understand that false statements herein are made subject to
penalties of 18 Pa,C.S,A. section 4904, relating to unsworn falsifica-
tion to authorities.
Date:
j-tULQ;:h:J.., I C; r 5-
v
(SEAL)
(
4
,
ROSEMARY HECKARD,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, CIVIL TERM
IN DIVORCE
vs.
DAVID F, HECKARD,
Defsndant
APPIDAVIT
ROSEMARY HECKARD, being duly sworn according to law, deposes
and says:
(1) I have been advised of the availability of marriage
counseling and understand that I may request that the Court require
that my spouse and I participate in counseling.
(2) I understand that the Court maintains a list of marriage
counselors in the Domestic Relations Office, which list is available to
me upon request,
(3) Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a
Divorce Decree being handed down by the Court,
I understand that false statements herein are made subject to
the penalties of 18 Pa.C,S,A, section 4904 relating to unsworn falsi-
fication to authorities.
('.,JHl ,,~~~~ fJ.-cjJ
ROSEMARY H
SWORN to an~ subscribed before
me t~is oOl.L:day of c:9<:l"I..C, ,
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Notary PubJ:'lc
'My Commission Expires:
1995,
NOTARIAL SEAL
CATHERINE), BARRA. NOTARY PUBLIC
SHIREMANSTOWN BORO, CUMBERLANO CO, PA.
MY COMMISSION EXPIRES SfPl9, 1995
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Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-3386
IN DIVORCE
DAVID F. HECKARD,
Defendant
PUBOIPB
To the Prothonotary, Lawrence E, Welker:
Dear sir:
Pleaee withdraw Count Nos, I, II and III of the Complaint filed
on behalf of Rosemary Heckard, Plaintiff in the above-captioned
action.
Datel/7- 1'7
#tJHI (I j )<tA
Andrew C, Sheely, Esquire
Attorney for Plaintiff
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ROSEMARY HECKARD, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I CIVIL ACTION
I
DAVID F. HECKARD, I 95 - 3386
Detendant I
I IN DIVORCE
ArrIDAVIT OF CONSENT
1. A Complaint in Divorce under section 3301(c) of the
Divorce Code waG tiled on June 23, 1995,
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date ot tiling the Complaint,
3, I consent to the entry of a final decree of divorce
atter .ervice ot notice of intention to request entry of the
decree.
I verity that the statements made in this Affidavit are
true and correct, I understand that false statements herein are
made Bubject to the penalties of 18 Pa,C,S,A. Section 4904
relating to unsworn falsification to the authorities,
DATEI-1 ~ 1- CI 7
~'''''''~(' ~ 9u vi
ROSEMARY H
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ROSEMARY HECKARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
95 - 3386
IN DIVORCE
.
.
,
.
,
.
v,
DAVID F. HECKARD,
Defendant
APPIDAVIT OP CONSENT
1. A Complaint in Divorce under section 3301(c) of the
Divorce Code was filed on June 23, 1995, I acknowledge receiving a
certified copy of the Divorce Complaint, said copy being served upon me
by certified mail on June 24, 1995
2, The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the
Compiaint.
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,A, Section 4904 relating to
unsworn falsification to the
authorities.
D#,QF.~dJ
DATE: January 7, 1997
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ROSEMARY HECKARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
v.
DAVID F. HECKARD,
Defendant
95 - 3386
IN DIVORCE
WAIVER OF NOTICB OF INTBNTION TO REQUBST
BNTRY OF A DIVORCB DBCREB UNDBR
13301 leI OF THB DIVORCB CODB
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 decree is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
prothonotary,
I verify that the statements made in this Affidavit are
true and correct, I understand that false statements herein are
made subject to the penalties of 18 Pa,C.S.A, Section 4904
relating to unsworn falsification to the authorities,
DATE:
\--"1-01
G,.".~~!.Aht.J}
ROSEMARY CKARD
Q '::3 0
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ROSEMARY HECKARD,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
95 - 3386
IN DIVORCE
v,
DAVID F. HECKARD,
Defendant
WAIVER 01' NOTICE 01' INTENTION TO REQUEST
ENTRY 01' A DIVORCE DECREE UNDER
13301 (0) 01' THE DIVORCE ~
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 decree is granted,
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will be
sent"to me immediately after it is filed with the prothonotary,
I verify that the statements made in this Affidavit are true
and correct, I understand that false statements herein are made
subject to the penalties of 18 Pa,C,S,A. Section 4904 relating to
unsworn falsification to the authorities.
DATE: January 1, 1997
110 '" ~ 1/....-1:/--/
DAVID F, H CKARD
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plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-3386 CIVIL TERM
IN DIVORCE
vs,
,
,
,
,
,
,
DAVID F. HECKARD,
Defendant
.
.
.
.
IllIDAVIT O. SBRVINO COMPLAINT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
.
.
SS,
,
.
ANDREW C. SHEELY, being duly sworn according to law deposes
and says that he caused the Complaint in the above-captioned matter to
be served by Certified Mail, Restricted Delivery, Return Receipt
Requested, as indicated by the attached receipt cards,
4MuJ (),~
Andrew C, Sheely
SWORN to and subscribed before me
this 0)1fM day of ?J1a~ , 1996,
~?1Z (). A~
Notary Public (/
My Commission Expires:
NOTARIAL SEAL
CATHERINE J, BARRA, NOTARY PUILlC
SHIREMANSTOWN BORO, CUMBERLAND CO, PA,
MY COMMISSION exPIRES SEPT, 9.1899
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~ Receipt for
Certified Mall
No Insuranco Covorage Provided
~ 00 not ute tor Intemalional Mail
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I '4750 CREEKVIEI'i ROAD
8' PtM:!'HAN'icSBURG PA 1705
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ROSEMARY HECKARD,
Plain tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
DAVID F, HECKARD,
Defendant
NO, 3386
19 95
CIVIL
IN DIVORCE
STATUS SHEET
DATE:
ACTIVITIES:
G-8-9
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7/12/96
Hearing on marital misconduct scheduled for 7/22/96,
has been co tinued and rescheduled for 9/9/96, ./
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240,6535
I
I
,
"
I. Robert lUcker, II
Divorce Master
Trecl .10 Colwer
Office ManagerlAeporler
Andrew c. sheely, Esquire
1 West Main street
Shiremanstown, PA 17011
Weat Shore
697.0371 Exl. 6535
April 10, 1996
p, Richard Wagner, Esquire
MANCKE, WAGNER, HERSHEY &
TULLY
2233 North Front Street
Harrisburg, PA 17110
RE: Rosemary Heckard vs, David F, Heckard
No. 95 3386
In Divorce
Dear Mr, sheely and Mr, Wagner:
By order of Court of President Judge Harold E. Sheely
dated April 8, 1996, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on June 23, 1995, raising
grounds for divorce of irretrievable breakdown of the marriage,
indignities, and adultery, The complaint avers that the parties
separated in August 1994,
The economic claims raised in the complaint are equitable
distribution, alimony, alimony pendente lite, and counsel fees
and expenses,
The motion for appointment of Master indicates that Mr,
Wagner represents the Defendant; however, Mr, Wagner has not
entered his appearance in the action, However, I am going to
proceed on the basis that Mr, Wagner is representing Mr, Heckard
and also proceed on the assumption that grounds for divorce are
not at issue,
I am directing each counsel in accordance with P.R,C,P.
1920.33(b) to file a pre-trial statement on or before Friday,
May 3, 1996, Upon receipt of the pre-trial statements I will
:
-~ .
i
............J_-" .__... .
Mr. Sheely and Mr, Wagner, Attorneys at Law
10 April 1996
Page 2
immediately schedule a pre-hearing conference with counsel to
discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
E, Robert Elicker, II
Divorce Master
NOTE: sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920,33
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
TO: Andrew C, Sheely
p, Richard Wagner
, Counsel for Plaintiff
, Counsel for Defendant
ROSEMARY HECKARD,
plaintiff
,
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,
,
VS.
: CIVIL ACTION - LAW
DAVID F, HECKARD,
Defendant
.
,
: NO, 95 - 3386
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 19th day of June, 1996, at 9:30 a,m" at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 5/8/96
E. Robert Elicker, II
Divorce Master
ROSEMARY HECKARD,
Plaintiff
vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO,
3386
CIVIL
1995
DAVID F, HECKARD,
Defendant
IN DIVORCE
ORDER AND NOTICE SETTING HBARING
To: Rosemary Heckard
Andrew C, Sheely
David F, Heckard
P. Richard Wagner
, Plaintiff
, Counsel for Plaintiff
, Defendant
. Counsel for Defendant
You are directed to appear for a hearing to take
*
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street Carlisle, Pennsylvania, on the 22nd
day of July , 1996, at 9:00 a.m, at which place and
time you will be given the opportunity to present witnesses and
exhibits in support of your case,
By the Court,
~a.c.-J \= .
Harold E, Sheely,
Judge
Date of Order and
Notice: 6/19/96
By:
Divorce Master
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.
Court Administrator
Fourth Floor, East Wing
Cumberland County Courthouse
Carlisle, Ph 17013
Telephone (717) 240-6200
* Testimony will be limited to the issue of marital misconduct
as it relates to Plaintiff's alimony claim,
./
ROSEMARY HECKARD,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,
,
,
.
: NO, 95 - 3386
vs,
,
,
:
DAVID F, HECKARD,
Defendant
: IN DIVORCE
RE: pre-Hearing Conference Memorandum
DATE: Wednesday, June 19, 1996
present for the plaintiff, Rosemary Heckard, was
attorney Andrew C, Sheely, and present for the Defendant, David
F, Heckard, was attorney P. Richard Wagner.
A divorce complaint was filed on June 23, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage, adultery, and indignities, counsel advised that the
parties will sign and file affidavits of consent prior to a
hearing to be scheduled in these proceedings so the divorce can
be concluded under section 3301(C) of the Domestic Relations
Code,
The divorce complaint also raised the economic
claims of equitable distribution, alimony, alimony pendente
lite, and counsel fees and expenses, counsel have indicated
that they will be presenting testimony on the factor of marital
misconduct as that factor relates to wife's alimony claim,
The parties were married on August 15, 1968, and
separated in August 1994. They are the natural parents of two
children, both of whom are emancipated,
wife is 47 years of age and resides at 4750
creekview Road, Mechanicsburg, Pennsylvania. David, one of the
children of the marriage, has been residing with mother, Wife
is a high school graduate and is a computer operator for
pennsylvania Blue Shield, She reports her gross biweekly income
at $806,26, The income that wife has reported can vary as a
result of overtime which she receives, Wife receives
approximatelY $800.00 to $900,00 per month from husband on a
voluntary basis to assist with the costs of payment of the
mortgage debt and also with the other marital debt. Wife has
experienced some problems with cancer but is apparently now in
remission, She also has had some problems with depression.
Husband is 46 years of age and resides at 124 West
Portland street, Apartment 9, Mechanicsburg, Pennsylvania, where
,
he lives alone. He is a high school graduate and is a police
officer with Hampden Township, His W-2 for 1995 showed income
from that job at $36,185.51, Husband also works part-time as a
security guard at Wonderful Wanda's and makes approximately
$130.00 per week from that employment, He also is involved with
confident Protective services and showed income from that
employment of around $400,00 for 1995. Husband has not raised
any health issues.
The marital home at 4750 Creekview Road,
Mechanicsburg, Pennsylvania, has been valued by the parties at
$98,000.00, There is a first mortgage in favor of PNC Bank
with a payoff of around $4,500,00 and a line of credit with
First Union with a payoff of around $25,300,00, Wife has been
making the payments on the mortgage and line of credit. Wife
would like to retain the home as part of her distribution.
Husband is vested in a pension with the Hampden
Township Police Department, Counsel are going to have that
pension valued. Wife is also vested with a pension with her
employment with Pennsylvania Blue Shield and counsel will have
that pension valued.
Counsel have stipulated that the household tangible
personal property in wife's possession has a value of $1,560.00.
The tangible personal property in husband's possession, which
consists of guns, hunting equipment, and sporting goods has a
value of $925.00,
The 1989 Pontiac Firdbird which is in husband's
possession has been valued by wife at $2,000,00, Wife's 1985
Chevrolet Cavalier was traded in by wife and she got $600,00 for
a trade in.
Husband has been paying the real estate taxes on
two undeveloped tracts of wood land in snyder County. One tract
is around 28,5 acres and the other tract is around 33 acres,
Apparently the land is titled in husband's grandfather's name
and there is some question as to husband's interest in the
property and if an interest can be shown, how that interest
affects the marital distribution in this case,
Each of the parties own insurance policies, husband
with America General Life Insurance and wife with Liberty Mutual
Life Insurance. The cash values appear to be similar and
counsel will agree that each party will simply retain the policy
owned by that party,
Listed on the pre-trial statements are various
...
marital debts which Mr, Sheely believes wife has consolidated
and is payinq $98.00 per month, Mr, Waqner has indicated that
husband's contributions toward the payment of that debt has been
by way of his payment to wife monthly on a voluntary basis of
the $800,00 or $900,00, That sum which husband is contributinq
is also used to assist wife with the payment of the mortaqe and
line of credit,
Inasmuch as we are qoinq to have at least three
witnesses on the issue of marital misconduct, we are qoinq to
schedule a separate hearinq to take that testimony before
qettinq into the testimony of the factors and identification and
valuation of assets, A hearinq on the factor of marital
misconduct as that factor relates to wife's alimony claim is
scheduled for Monday, July 22, 1996, at 9:00 a,m, A hearinq on
the other issues to be presented by way of testimony of the
parties and witnesses is scheduled for Thursday, october 3,
1996, at 9:00 a.m. Notices will be sent to counsel and the
parties,
E, Robert Elicker, II
Divorce Master
cc: Andrew c, Sheely
Attorney for Plaintiff
P. Richard Waqner
Attorney for Defendant
ROSEMARY HECKARD,
Plaintiff
vs,
IN THE COURT OF COMMON PLEAS 01'
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 3386
CIVIL
1 ')95
DAVID F, HECKARD,
Defendant
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
To: Rosemary Heckard
Andrew C, sheely
David F, Heckard
p, Richard Wagner
. Plaintiff
, Counsel for Plaintiff
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street Carlisle, Pennsylvania, on the 3rd
day of October ,1996, at 9:00 a ,m, at which place and
time you will be given the opportunity to present witnesses and
exhibits in support of your case,
By the Court.
~ a..-..f \~
Harold E, Sheely,
,Judg'~
Date of Order and
Notice: 6/19/96
By:
Divorce Master
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.
Court Administrator
Fourth Floor, East Wing
Cumberland County Courthouse
CarliSle, PA 17013
Telephone (717) 240-6200
'......,......."..
ROSEMARY HECKARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
NO, 3386
CIVIL
1 ')95
DAVID F, HECKARD,
Defendant
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
To: Rosemary Heckard
Andrew C, Sheely
David F. Heckard
p, Richard Wagner
, Plaintiff
Counsel for Plaintiff
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street Carlisle, Pennsylvania, on the 7th
day of January ,1997, at 9:00 a .m, at which place and
time you will be given the opportunity to present witnesses and
exhibits in support of your case,
By the Court,
~~ \:::::
Harold E, Sheely,
.Judg'"
Date of Order and
Notice: 10/7/96
By:
Divorce Master
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,
Court Administrator
Fourth Floor, East Wing
Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717) 240-6200
I~ THE COURT OF CO~~ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROSEMARY HECKARD,
Plaintiff
vs.
DAVID F, HECKARD,
Defendant
NO, 95-3386 CIVIL TERM
Rosemarv HeckArd
a master with respect to the
(X) Divorce
( ) Annulment
(X) Alimony
(X) Alimony Pendente
MOTION FOR APPOINTMENT OF MASTER
(Plaintiff) (QRK~),
following claims:
moves the court to appoint
Lite
(X)
( )
(X )
(X)
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested.
(2) The defendant (has) (
(by his attorney, P. Richard Wagner
(3) The staturory ground(s) for divorce (is)
3301(d) of the Pa, Divorce Code
(4) Delete the inapplicable paragraph(s):
(~XlDt)(~KlWKlOlOXXODntJe)(ICOISf.
(b) An agreement has been reached with respect to the
unknown
(c) The action is contested with respect to the following
claims: El:)ui. table Distribution, AlinDny, Alirrony Pendente Lite, Court Costs and Counsel
(5) The action ~v~s) (does not involve) complex issues of law
) appeared in
the action (personally)
,Esquire) ,
(are) 3301 (c) or
following claims:
F.ees
or fact,
(6) The hearing is expected to take 1 (~ (days),
(7) Additional information, if any, relevant to the motion:
Date: March 28, 1996
~orO(Pl~ Andrew C, Sheely
(1lI1lfcsndu1t)
, ORDER APPOINTINC MASTER
AND NOW ~ g ,19""(6, 1::::- Kc ...q
is appointed ~~ter ~ith respect to the following claims:
Esquire,
,
By ~h7 Court :........ '
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ROSEMARY HECKARD,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
95 - 3386
IN DIVORCE
v.
DAVID F. HECKARD,
Defendant
PLAINTI~~'S PRETRIAL STATBMENT
Rosemary Heckard, Plaintiff, by and through counsel of
Andrew C, Sheely, Esquire, hereby files this Pretrial Statement
pursuant to Pa, R,C.P, 1920,33 and respectfully states as
follows:
(1) List of Assets
(i) A list of marital assets is attached hereto as
Bxhibit "A". Plaintiff reserves the right to supplement the
list and emend the values thereof at the Xaster's Hearing
due to the changing values of the marital assets and
liabilities. In addition, Plaintiff is unable to provide
values for the pensions at this time and it is requested
that the parties appraise such items prior to the hearing.
The values assigned to the attachment are only estimates.
..
.
.
~ HEX:I<1\RD,
PlAINl'IFF
, H1IS'IER LIST OF JoWUTAL 1IND ~ ASSETS 1IND LIABILITIES
r.t:l'nmANl'
DIWID F, HEX:I<1\RD,
00.
J:elaUPl'ICN OF ASSE:r OR LIlIBILlTlC
1 Marital Residence , 4750 Creekview Road, M-I::IUtg
2 1st Hortgllge en marital residence FNC BlINK
3 Line or Credit en marital residence, First unien
4 Jb~'l Township Police Pensien Plan (FstiJnated)
5 Pennsylvania Blue Shield Retirement Plan (Fst.imated)
6 urDevelcped \<<Xldlam (05-04-056) 28,5 J\c:res
7 urDevelcped \<<Xldlam (05-04-57) 33 J\c:res
8 Persa1al Property at marital residence
9 Guns, huntin;J equipnent am sportin;J goods
10 1989 Pcntiac Firebird
11 1985 O1evorlet Cavalier (plv<>e.'n~)
12 1Imerican General Life Insurance Policy (cash value)
13 Liberty M.1tual Life Insurance Policy (cash value)
14 MGlr universal card
15 Lawes
16 Mcntgcmery Ward
17 Sears & RceI::ilxX
'lOl'AL VAIllE OF JoWUTAL 1IND N:tlMl\RlTAL ASSETS:
'lOl'AL AMXlNl' OF JoWUTAL 1IND N:tlMl\RlTAL LIABILITIES:
NEl' JoWUTAL 1IND N:tlMl\RlTAL E1:PrI"i:
PREPARED BY: AOOrew C, Sheely, Esquire
\
,
.
EXMlalf I
DISP
WIFE
WIFE (
WIFE (
HlJSB
WIFE
HUSB
HUSB
WIFE
HUSB
HlJSB
WIFE
HUSB
WIFE
HlJSB (
HlJSB (
HlJSB (
HlJSB (
F,H. VAIllE
$98,000.00
-$4,536.78)
-$25,300,99)
$200,000.00
$15,000,00
$20,000.00
$25,000,00
$1,560,00o$925,00
$2,000,00
$600.00
$3,230.00
$3,230.00
-$1,125.63)
-$697.80)
-$945.89)
-$543.00)
(
$369,545,00
-$33,150,09)
$336,394,91
05-03-1996
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APPRA'JSAL
.
Personal Property of R L\S c- .ftHIJ HecK. iJ,e.d
Appraised by Chuck E, Bricker AU094.L
ITEM
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Date -/ i) - ' S
ITEM VALUE
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For retranemission call 12031846-1385 reference msgno: 100614777
/ PAYOFF STATEMENT /
-------------------
PNC Mortgage Corp. of America
539 South Fourth Avenue
Louisville, KY 40202
Phone: 18001 736-9090
Payoff Statement as of: April 29, 1996
We require certified funds
for full payoff,
Deliver to:
Mortgagor & Property Address:
OavIa-t-Heckara--------------
Rosemary Heckard
4750 Creekview Rd
Mechanicsburg PA 17055
Pfione;-7I7=763-9841
Andrew C Sheely, Atty
Reference Number:
Notice of Interest Date:
1-17171737-2086
April 29, 1996
LOAN NUMBER:
Loan Type:
Interest Rate:
753363
Conventional
10.000007.
Interest From Date: April 23, 1996
Current Escrow 8alance: ,00
Principal
Total Interest Due
Release/Satisfac Fee
Fax Fee
Over/Short Payment
Total Funds Due for Payoff:
$
4,459,56
45.22
12,00
20.00
,00
4,536.78
$
Funds received after 3 p,m. EST on June 01, 1996 will require an
additional $ 1,09 interest per Day.
Principal balance and/or escrow balance is subject to change due to
receipts and/or disbursements from the account prior to processing of
the payoff.
Payoff check must be made
payable to and sent to:
753363
PNC Mortgage Corp. of America
Attn: Payoff Department
539 South Fourth Avenue
Louisville, KY 40202
PLEASE REFERENCE LOAN NUMBER ON PAYOFF CHECK
,
A'U'llL UOlon Home .t.quny tsank Pl1yotr Stluement
PIIIIZSII 'ilium IIIUfa'm ,.,ill, pa.,'ajJ'rhnitlanclla mruTI p,apII' pfT1curinr,
---
/
ToC3;V's DlUe:
?t -;, l)
.tW il)
....;
To:
Addra:s:
Phone:
Cuslomer's NlIlru:; ~ f\ M/l9...
PlIyoiTElTe~ive Dare:
~~~
Fax: 711-737~d'
Accounlll: 18.10. O~/9~Ct;1
~.
..
1
Re:>son for PlIyotT:
Rc:uon C"de:
(om.. u.. \lnIYJ
Currenr PrincipII! BlIl..:
d 5~ / 3 4, I r;
I '1
115,,1
-e--
~O:ql.f
...a--
0'<0, S-O
Accrued Inreresl:
1.f)..1
L:lfe ;..h.lIlrs;
~!~
PER DEIH:
PREPARE BY.SANDRA WELLMAN
Insurllncc Rcbllle; (
Rr:II::ISC Fcr:
(C.,un!)', SllIle I
O/her Fe:::
(LIS! fce~ I
TOT,\L P^ rOFF":
(CoJod lhrou;h E".em't
nOlrd :lbo\ el
l11e currenl prineipsl blllsncc docs no/ Include lIn~' scheduled pll)"mcnrs nOI l'el.posICd 10 rhe sccounr. If coupon p3~'mC"u or
\C1i dr-Ill plIymcnlS lire scheduled 10 be po5lCd prIor CD rhe PlIl'oiTE rr,~". ", ""rr "'''''' .h,"1d '" ,dj~"d
ccordins'y,
'C,~l PlIymenr Due OllIe: 5 - rD ACH y~,
............--....--
.--..--.......------.-...--.........................-..-..............................................--...
'ClISC mllke check(s) P.:IYlIbJ. 10 rim UnIon Home Equity Ollnk or FUHEB,
10'd
Fil"3r Union Home Equil}' B:I""
P:lymenl Proce3Sln~
P.Q, Box 1089
~~=irO..96=O!~t~
O\'ernighl D.liye~': Fim Vnlon Hum. E:lluil~ BoIn!.
P.:I~'m.nl ProcCllln!:
1000 LoulI RUle PIJec
6'~"'3~'OOS I' Oft xt1.:1 3.LJ.01dt1HJ 83Hn.:l
I
ONSUMER
RED IT
OUNSELlNG
M~mbe' of
N.IiWl.1 foun,JlIlon lor
Comurnet Credit, Inc.
00Ic:10. 25.95
ERVICE~ Of WimaN rlNNSYLVANIA, INe.
It. Non P,o'lI
Community "seney
Accounl: 1029944
Due Oale:11/10/95
Payment9 8 . 00
ROSEHARY HECKARD
4750 CREEKVIEW RD
HECWANICS8URG PA 17055
5411..:IOGO 309 Smllhfleld S1~ PIltsbu'lh, PA 15:122 (412) 4mS84
- Ofllnol AI......... "'- ...Iet, c.rtI.... c-.... I\anIoburi. New CMdo. ~ .....
The 'ollowing InformlUon ,.'I.eII thl .tatuI o. your account .n.r Itd' month', disbursement. PI.a. continue to monltoryouratltem.,tI: from your
credlto.. 10 v.rilv Ihat poym.nll hay. bien corr.c:1ly credlt.d. Advl.. our offlc.lllh.,..,. Ilgnlflcenl dlff.,.nOll b_een Ihe belenc.. on your
lI.t.menl. .nd thol. we Ihow b.low. An !STlMA TID Inlerlll.mounl .......d by your creditor hu been added 10 the current belen.. ONLY ON
CRIDITORS DISIQNAT1!D IY AN AST1!RISK I'). All Olh... do NOT Includ.lnter..llf1nancelor olher charg.. _..ed by the creditor,
D0386-AT&T UNIVERSAL CARD
13469-LOWES/GECC
I3858-HONTGOHERY WARDS/GEC
14953-SEARS & ROE8UCK
X0001-CCCS-CONTRIBUTION
,
4783559000036
7902213280080
8211025249623
5484046726825
29.00
23.00
29.00
14.00
3.00
145.00
115.00
" 145.00
70.00
984.05
588.16
810.25
496.53
* * TOTAL * *
98.00
: l
I
( I
- I /
,~
I.
....~,.. ...-..
.'
.:::'io
\
" '
- /.:.-'t f> -
(2) Name and Address of Expert witnesses
(i) oth.r than the n.o...ity for .xp.rt t..timony in
the v.lu.tion of the p.n.ion., Pl.intiff b.liev.. th.t the
p.rti.. .r. q.n.r.lly willinq to .tipul.t. to the v.lu. of
the r..l ..t.t. .t .,e,ooo.oo and the p.r.on.l prop.rty ..
d.t.rmin.d by the .uotion..r. Pl.intiff will lik.ly r.qu..t
B.rry Li..t.r of Conr.d si.q.l to v.lu. the p.n.ion., if
n.o....ry. In .ddition, it m.y b. n.o....ry to obt.in an
.ppr.i..l for the r.al ..tat. loo.t.d in snydMr county.
2
;
(3) Witnesses for Defendant
(i) Pl.intiff r...rv.. the riqht to .Ubpo.n. witn.....
to d.t.rmin. the i..u. of ..rit.l fault .. r.i..d in the
Divorc. Co.pl.int. Pl.intiff r...rv.. the riqht to c.ll .11
n.c....ry witn..... .. d....d appropriat..
3
..
(4) List of Exhibits
(1) plaintiff r...l'V.. the right to .upport Bxhibit "A"
with .vid.no. in the fora of .xhibit. to docum.nt the
v.lu.tion and ....t and liability ..t forth on .uch .xhibit.
A. ..t forth abov., Pl.intiff b.li.v.. th.t the ..jority of
it_. U.t.d on Bxhibit "A" will b. .t1pul.t.d to by the
p.rti... Bxhibit. int.nd.d to b. introduc.d .t the h..ring
ar. attach.d h.r.to. plaintiff r...l'V.. the right to
.uppl_.nt the attach.d li.t with .dditional it_. in the
futur..
4
..
(5) Plaintiff's Gross Income, payroll deductions, net
income, federal income tax returns and W-2 forms;
(i) copies of the Plaintiff. and Defendant'. 1995 .-2,
fora and inforaation relative the partie. income. are
attached hereto a. Bxhibit "B". Plaintiff re.el'Ve. the
right to .uppl_ent this paragraph a. additional it_. are
reque.ted, to the extent they exi.t.
5
,..~W.2 Wage and Tax SIalemenl1995
Copy B '~r F!!tler.,'
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HECKARD.ROSEMARY
4750 CREEKVIEW RDAD
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Copy B To lie F110d WI1l1 Employoo'. FEDERAL Ta Rotum
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(6) Information Relative to Support, Income and Expense
statement
6
(1) copi.. of Plaintiff'. Inco.. and Bzpen.e stat...nt
have been attaohed to this paragraph a. Bxhlbit "C".
plaintiff re.erve. the right to suppl...nt this paragraph a.
additional it... are reque.ted, to the extent .uch exl.t.
THIS I'ORK HUST BB I'ILLBD OUT
IHCOMB aHD BZPBHSB STATBHBHT 01'
ROSBllARY BBCDRD
j,:
t
Gross Pay per pay Period: $806.26
Itemized Payroll Deductions:
(varies)
I.COMB
Employer:
Address:
FA Blue Shield
1800 Center Street. Mechanicsbura. FA 17055
Type of Work:
Payroll Number:
ComDuter ODerator
172-36-1294
pay Period (weekly, biweekly, etc.): Bi-weeklv
Federal Witholding
Social security
Local Wage Tax
$ 103.10
61. 25
8.00
State Income Tax
22.40
Retirement
Savings Bonds
Stock
Credit Union
Supplemental
Life Insurance
Health Insurance
15.34
other (specify)
Disabilitv
$
.92
n
d
~ISlT:
Net Per Pay Period:
Monthly Net Income
other Income:
Interest
Dividends
Pension
Annuity
social security
Rents
Royalties
Expense Account
Gifts
Unemployment Compo
Workmen's Compo
Total
595.25 lanDroxima~e\
1.288.71
Week Month
(Fill in Appropriate Column)
$
$ nfa
n/a
n/a
nla
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
$n/a
$
$
$
TOTAL MONTHLY INCOME $1.288.71
3
Year:
Week Month
(Fill in Appropriate Column)
Year:
BXPBNS1!lS
Home
Mortqaqe/Rent
Maintenance
$
$ 527.22
$
100.00
utilities
Electric
S180.00
Gas
n/a
oil
n/a
Telephone
$17.00
Water
n/a
Sewer
$33.00
Employment
Public
Transportation
Lunch
n/a
40.00
Taxes
Real Estate
n/a
$1.096.63
Personal Property
n/a
Income Privileqe
n/a
Insurance
Homeowners
30.00
Renters
n/a
4
..
Automobile
Life
Accident
Health (AARP)
Other
Automobile
Payments
Fuel
Repairs
Medical
Doctor
Dentist
Orthodontist
Hospital
Medicine
Special needs
(glasses, braces,
orthopedic
devices
Education
Private school
Parochial school
College
Religious
Personal
Week
(Fill in
$
170.00
79.00
Month
Appropriate Column)
$ n/a
n/a
n/a
n/a
$40.00
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
nIB.
n/a
5
$
Year:
clothing
S50.00
[
l
I
Week Month
(Fill in Appropriate column)
Year:
Food
$
$200.00
$
Barber/hairdresser
credit payments
Credit card
*
n/a
98.00
charge account
Memberships
n/a
n/a
Loans
Credit Union
PNC BANK
BELCO
48.00
131. 00
Miscellaneous
Household help
Child care
n/a
n/a
Papers/books/
magazines
Entertainment
n/a
n/a
Pay TV
Vacation
20.00
n/a
Gifts
n/a
Legal fees
contributions
unknown
n/a
6
, .
. .
Week
Month Year:
(Fill in Appropriate Column)
other Child
Support
Alimony payments
Other
$
$ n/a $
n/a
TOTAL BXPBHSBS
$
$1.854.55 $
7
. .
. '
(7) Value of Pension and Retirement Benefits and supporting
documents;
(1) Bxhibit "A" provides e.tiaated value. of the
parties pen.ion. but no valuation has been performed by the
parties. As set forth above, plaintiff reserve. the right
to present additional testimony and .upplement this
paragraph as additional inforaation becomes available, to
the extent such exists. Copies of relevant information
received to date are attached hereto as Bxhibit "D".
7
HAMPDEN TOWNSHIP POLICE PENSION PLAN
.Al!iT.N"O".A.L BElNE.a:o......... STATEll.Vl:EU!ilT
PLANYEARENDlNOD, '.....31.1995
DAVID P. HECKARD
PROJECTED NORMAL RETIREMENT BENEm
Your I'l'oj-.! NOI1lIII Rodraacnl BCIlCfil1l ..hcduled to be peJd In 1ho lbna.ra LIfe AMulty
payolIlolbllowln.,....1'IlIrcmaIt IIld aft<r 1ho lac .lyour .-..-, .llp 50 or your COOlplctloa
.l2$ PIIII V.... .lScm.... 'Ibls csdnurcd benefil........,.... cmpl.YlI\CIIl willi Hampclcn
TOWllSIIIp contlIl\ICIllllllJ N.rma1 RctIremcn, It 19J1I'OXInwcly lho SIIIIll camlnp tqlOtIOd lbr lbc
aIxwe PlOD Year.
Your Projected mODtbly beDeflt Is: 1,185.70
ACCRUED BENEFITS TO DATE
V.urAcauod JlCIlClIIII ilia lla:donIl shIn:.lyourl'l'oj-.!_ICIIIICd tocllte. 'Ibls II
COIIIpIIlCd by D1uldpIYio.,.... ptaJCCICd benefil dOles . h:doa wilcnt ilia _II lho _.l
PlOD v.... .lScmee CIIIICd to dIIIlllld ilia cIcno_rll lho~ possible _.fPlOD V..,
you could SOMl...liI NOI1lIIIIledmaeuL Ilyou haYe continued III _ boyood NOIIIIII RethmIalt.
yourTOII\ AeenIed IlaIelIIIII&l' ro1Icctlll ExlraScmee Bmeftt.d III&l' be .......lherefote. tbIII
your I'l'oJOdOd N.rmaI Rodraacnl JlCIlClIL
~ " ~
YODrTotalAccraed Bcac1ltls: 5897.38
MaadatoIy Employee CoolribudoJls deposited prior to 1911.... beIa. cmllled willi 3% Iotaat per
yar _lho ullllDD purdlae.ra shin: .lyour I'OIImneuI baxlIt. The baIoace .lyour
MIIIdIImy Olntribudoa Account a .lDecember 31. 1993 _ SI,230.63.
Your Employce-purcbased Accrued BcDeflt Is: 585.55
At RctlmDenL you III&l' dIOose to recelve your T.lII Acauod _I a IIDOlIlhIy benellt. or llyou
dIOose III wllbdnw 1ho value .fyour Employee MIIIdotrlry CoaIributIon ICCOUIIlIn IIUIIIJl '- you
w111_ .n1y lho Employer shin: .f,.... Accrued IIalefiL
Your Employer-purchased Accraed BcDeflt Is: 5811.83
VESTED ACCRUED BENEFIT
Your V.-t Acauod IlcuefIt II lbc _ .fbcncllt csdnurcd III be nallablolll you It NOIIIIII
tt.edream llyou abouId lalIIkIale cmplO)'lllODI c:utm1dy. 'Ibls IIIIIllIIIIII dllt.... .f,....
Employ.. ._.;baed AeenIed IlcuefIt IIId dllt &IClIoa .fyour Employcropurdlaed Acauod IlcuefIt
based oa,.,.. PI. V.., .fSerrice.
.;' ,"
......
, I
t, \," YoarVcstedAccraedBcacfltls: 5897.3$,;,
, . ..~
.. ."
- ,
~l
The bcnclItssbown are~ basodoa eUmnl PIIII ptOVIsIoos aad data provfded by I!aIIlpcIen TOWllSIIIp. AdUII 'i":'
. p~
boDoIII ~I~I""'" wID be vcrUIed 1t,....1lellmIat. Dadr. DlsablJlty orolhcrTcmlInadon. llyouhaYeany ."
qucsdoar, pi.- w a.o to eaII_ omee dIroetIy: Elcbdboracr MIIItprneat Sc:rvlca, Ine.. (71'1) 761.7626.
. ;"' ........
. .. '/ .
..~< l.i::~'
.. . '..~.~., ~.t1 ~It!..~.. .....
.. "''''J ,..... '. "\'~\"'l-
. : 't~..""" ..: ~
~.:", . ':
~
E~i'D\'
M
"
, ,
EMPLOYEE NUMBER,
COMPANY,
HIRE DATE,
SOC SEC NUMBER,
BIRTHDATE,
MARITAL STATlIS,
SPOUSE DIRTHDATE,
08857
PENNSVLVANIA BLUE SHIELD
APRIL 29. 1985
172-36-1294 ... /1) '.J
NOVEMBER 18. 1948-
MARRIED
AUGUST 5. 1949
YOU R
F I N_ A N C I A L
'P LAN' N I N- G'
Confidentially prapared for,
ROSEMARV HECKARD
COMPUTER PRODUCTION
CENTER STREET DLDG 2-B
STATEMENT
AS OF DECEMBER 5, 1995
Financial security In reUrement requires a lIfeUme of planning, Three sources 01 your futuro Income In
retirement may include the Pennsylvania Blue Shield Retirament Plan, the Pennsylvania Blue Shield Volunlary
Inveslmenl Plan, and Social Security Incon:e, prO'Jlrted In part by Pennsylvania Blu~ Shield contributlon5. To
assist your financial planning, future esUmates of your Income from each of these three sources is provided via
this slalllment.
THE RETIREMENT INCOME PLAN provides monthly Income to vesl;Jd
employees who reUre after age 55, Benefits are available in several equivalent forms,
providing Income only to Ihe employee or to an employee and surviving spouse or
beneficiary. More details are available on the back. and in 'Vour Working Guide'.
YOUR ESTIM,\TED ACC.Ul!D BENEFIT AT AGE~> PAID IN DIFFERENT BENEFIT FORMS IS:
10 YEAR
JOINT AND SURVIVOR CERTAIN STRAIGHT
50., 66213., 100'. AND LIFE LIFE
------------------------------- ---------- ---------
Your Ufellme
Monlhly Benefil
$ 185 $ 182 $
175 $
191
$
196
After 'four OotJ.ttJ
Surviving Spouse's
Monlhly Benelil
$
93 $ 121
$
175 $
191M
MPayable until NOVEMBER 1. 2013
YOUR ESTIMATED ACCRUED BENEFIT AT AGE 62
------------------------------- ---------- ---------
JOINT AND SURVIVOR
50~~ 66 2130/. 1 OO~.
PAID IN DIFFERENT BENEFIT FORMS IS:
10YEAR
CERTAIN
AND LIFE
STRAIGHT
LIFE
Your Lllellme
Monthly Benofil
$ 437 .
427
$ 407
. 447
. 473
,
Aller Your Death
Surviving Spollsa's
Monthly Benefit
$ 219 $ 285 $ 407
$
44711
1655 lIPAVADLE UNTIL NOVEMBER 1. 2020
"
YOUR ESTIMATED ACCRUED BENEFIT AT AGE 65 PAID IN DIFFERENT BENEFIT FORMS IS:
10 YEAR
JOIN- MID SURVIVOR CERTAltl STRAlUHT
Sooia 662.'30. 100". AtID LIFE liFE
----_._----~------------------- ...-_.._~-_.... -------..-
You, Llfelime . 4B7 . 473 . 450 . 492 . 531
Monlhly B.n.1I1
AII.r Your D..lh
Survivl"ll Spou.... . 243 . 316 . 450 . 492-
Monlhly B.n.lII
IlPAVABLE UNTIL NOVEMBER 1, 2023
. '.
. ..
(8) Claims for Counsel fees, the amount of fees charged, the
basis for the charge and detailed itemization of services
rendered;
(i) Plaintiff has requested counsel fe.s, costs and
expen.es in the Complaint. Copies of oounsel fees incurred
to date are attached h.reto as Bxhibit "B".
8
. ,. .
JAKES D. BOGAR LAW OFFICES
J.... D. Bogar - Andrew C. She.ly
On. ...t Main Str..t
ShlremaD.to'~ PA 17011
Tel.phon. (717) 737-87S1
STATEMENT
January 11, 1996
ROSEMARY HECKARD
4750 CREEKVIEW ROAD
MECHANICS BURG PA 17055
In reference to: Domestic Relations/Divorce/Support
Dec. 1 through Dec. 31, 1995
ACS FN-2782-1
12/27/95- Letter to R. Wagner; review of information from R. Heckard
Hours Amount
0.20
$17.00
($17.00)
01/11/96 -Payment from account
BALANCE DUE
$0.00
Previous balance of client funds
01/11/96 -Payment from account
$53.50
($17.00)
New balance of client funds
$36.50
m-\\S\i
-.......-
.'
.
-
"
" .
JAXBS D. BOGAR LAW OPPICES
J.... D. Bogar - A~drev C. sheely
One w..t Xain Str.ot
Shir..aD.tOVJl PA l~Oll
T.lephone (717) 73:-8761
S TAT E MEN T
December 12, 1995
ROSEMARY HECKARD
4750 CREEXVIEW ROAD
MECHANICSBURG PA 17055
In reference to: Domestic Relations/Divorce/support
Nov. 1 to 30, 1995
ACS FN-2782-1
11/08/95- Review tile; preparation of Interrogatory; letter to P. R.
Wagner, Esquire
11/09/95- Review ~eal estate records at Perry County Courthouse
F.ours Amount
..20
$102.00
($102.00)
12/12/95 -Payment from account
BALANCE DUE
$0.00
Previous balance of client funds
12/12/95 -Payment from account
$155.50
($102.00)
New balnnce of client funds
$53.50
JAKES D. BOGAR LAW OFFICBS
J.... D. Bogar - Andr.w C. Sh..ly
On. W..t Nain Str..t
Shireman. town PA 17011
T.l.phon. (717) 737-8761
S TAT E MEN T
September 8, 1995
ROSEMARY HECKARD
4750 CREEXVIEW ROAD
MECHANICSBURG PA 17055
In reference to: Domestic Relations/Divorce/support
July 1 through August 31, 1995
ACS FN-2782-1
07/06/95- Letter to client re pending issues
08/03/95- Office conference with client
08/23/95- Tel. call from client
09/08/95 -Payment from account
BALANCE DUE
Previous balance of client funds
09/08/95 -Payment from account
New balance of client funds
",-",..i"'"
. " .
Hours
Amount
1.00
$85.00
($85.00)
$0.00
$240.50
($85.00)
$155.50
05/09/95- Office conference with client; preparation of Divorce
Complaint
06/22/95- Office conference with client; review, finalize Divorce
Complaint
06/23/95- Filing of Divorce Complaint at Cumberland county
Courthouse
. '.
. ..
JAKES D. BOGAR LAW OFFICES
James D. Bogar - Andrew C. Sheely
One West Main street
ShiremanstoWD PA 17011
Telephone (717) 737-8761
S TAT E MEN T
July 6, 1995
ROSEMARY HECKARD
4750 CREEKVIEW ROAD
MECHANICSBURG PA 17055
In reference to: Domestic Relations/Divorce/Support
June 1 through June 30, 1995
ACS FN-2782-1
Additional charges:
06/20/95- Prothonotary - Divorce Complaint
filing fee
06/23/95- U.S. Postal Service - service of
Divorce Complaint to D. Heckard via
certified/restricted mail
Total costs
TOTAL STATEMENT
07/06/95 -Payment from account
BALANCE DUE
. I. I
Hours
Amount
2.10
$178.50
otv/price
1
225.50
1
5.50
225.50
5.50
$231.00
$409.50
($409.50)
$0.00
. "
.. ,
(9) Disputed Economic Issues and Items or Marital Property
(i) At this point in the proceeding, Plaintiff is
unaware of any di.pute concerning marital property other
than po..ibly the values assigned to .uch. I..ues may ariae
of over the source and payment of aarital debt., however, it
is olear that the aajority of the debts were incurred prior
to .eparation and that .uch r..ain marital respon.ibilitie..
(ii) Plaintiff is seeking aliaony fro. Defendant who
ha. a more superior inco.e and greater opportunity for
retir..ent. Defendant has great opportunity for further
acquisition of .artial assets, including retirement
benefits, and due to his station in life.
(iii) Defendant has not aUbmitted any proposals to
date.
9
I
"
\
\;
. '.
. ..
(10) Marital Debts as of Date of Separation
(i) plaintiff ha. set forth the marital debt. on
Bxhibit "A" in reference to various oredit oard debts
a..umed by plaintiff following separation. plaintiff
re.erve. the right to .upplement this re.pon.e in the event
such debt. currently exi.t or existed during the period of
separation.
10
...,.",.,."
. ..
. " .
. " .
(11) proposed Resolution of all economic issues;
(i) plaintiff propo... a .ixty ('0) - (40) .plit of
marital ....t., an award of ali.ony, coun.el fe.. and oo.t..
con.id.ring plaintiff'. h.alth problem., bila.tio lymphoma
and d.pr...ion, the propo.al provid.. wife with a .lightly
high.r amount of marit.l a...t., inoluding the marit.l
r..idenc., .0 th.t h.r oondition. in life ar. not ohang.d
dra.tically. How.v.r, divi.ion of Hu.band'. p.n.ion may b.
n.c...ary to .ff.ctuat. .quitabl. di.tribution.
Th. parti.. ohildr.n ar. emancipat.d and wife will
d..ir.. to maintain a .imil.r, if not id.ntic.l, .tandard of
living a. .h. pr...ntly .aint.in..
Plaintiff has r.qu..t.d alimony a. s.t forth abov..
Plaintiff requ..t. assi.tano. with h.r oo.t. and f...
incurr.d in this matt.r.
Respectfully submitted,
,J,\.I.\,J
Andrew c. Sheely, Es re
1 West Main Street
Shiremanstown, PA 17011
PA 10 # 62469
(717) 737-8761
11
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IN 'lllE CXlJRl' OF CXJHI{ PIE.AS OF
aJHBERU\ND CXXJNl'lt', mlNSYLV1INIA
95 - 3386
INDIVI:R::E
~ 1fElCIWU),
, SlM4ARl( OF DIVISICN OF ASSEl'S , LIABIL1TIES
IY\VID F. HEC:K1IRD,
ACXXXlNl'Il<<; PUR RmJllm OF SAIE
'!orAL PR:) ""'~ ANl'ICIPATED FIDI SAIE(S):
ImS '!orAL IEBl'S '.to BE PAID FIDI SAIE(S):
ImS PR)Bl\BIE cmrs OF SAIE AT 0.0000%
NET PR:- ""' f:: DIS"1'RI!l1mBI FIDI SAIE (S) :
(
(
AUDCATICN OF Hl\RlTAL ASSEl'S AND LIABIL1TIES
. .
PIAINl'IFF
IEF!MlNfl'
$0.00
$0.00)
$0.00)
$0.00
HtlSB1IND WIPE
PEIll::mr1.GE DIVISICN OF Hl\RlTAL ~: 40.0000% 60.0000t
Hl\RlTAL ASSEl'S '.to BE RE:rAINED IN KIND: $251,155.00 $118,390.00
Hl\RlTAL IEBl'S '.to BE A$UMED: ( -$3,312.32) ( -$29,837.77)
NET SAIE m:. to IO.~ DIS'l'RIB.7rABI: $0.00 $0.00
CASH PAYMPHl' '.to (FIDI) '.to BAIANCE: ( -$113,284.72) $113,284.72
NET Hl\RlTAL ~: $134,557.96 $201,836.95
stHmRY OF ~ ASSEl'S AND LIABIL1TIES
'!orAL lOlMl\RITAL ASSEl'S:
'!orAL lOlMl\RITAL LIABIL1TIES:
NET lOlMl\RITAL ~:
HllSB1IND
$0.00
$0.00
$0.00
PREPARED B'l: Andrew C. Sheely, Fsquire
WIPE
$0.00
$0.00
$0.00
05-03-1996
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CBRTX.ICATB O. SBRVXCB
I, Andrew C. Sheely, Esquire, hereby certify that I am this day
serving the foregoing Pretrial Statement upon the following named
individual this day by depositing same in the United States Mail, First
Class, postage prepaid, at Shiremanstown, Pennsylvania, addressed as
follows:
,
.
~
P.Richard Wagner, Esquire
Mancke, Wagner, Hershey & Tully
2233 North Front Street
Harrisburg, PA 17011
AND BY HAND DELIVERY TO
E. Robert Elicker, II, Esquire
Divorce Master
Office of Divorce Master
55 West Church Avenue
Carlisle, PA 17013
Date:
J C-(
C. Sheely,
May 3, 1996
1
Andrew
ire
< ,
Rosemary Hecksrd,
Plaintiff.
IN THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
v.
NO.
95-3386
lIavid Heckard
Defendant.
IN DIVORCE
PRE-TRIAL STATEMENT OF DAVID HECKARD
IN ACCORDANCE WITH PA RULE OF CIVIL PROCEDURE 1920.33
I. list 0" Assets:
(1) Marital
ll.IIII Value
1. Home 98,000
Furniture 2,485
2.
3. Life Inaurance
4.
5.
6.
7.
8.
(i il Non-marital
ll.IIII Value
1.
2:
3.
4.
Portion Marital
100%
Liens
$20,000 & $11,000
~
1/01/96
8/10/95
100%
via employment
Portion Non-Marital
liens
l2AH
5.
8.
7.
8.
II. Nsme8 and Addresses o~ EXDerts:
None anticipated
N/A
!
,
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I
,
i
III.
Witnesses Other Than Parties:
Exhibits Attached:
A. Pension information
B. W-2 of Defendant
c. Personal property inventory
Gross Income of
David Hecksrd
$36,185.51
."
..
VI.
EXDenS8S 0"
David Heckard
No extraordinary expenses noted
VII . Pension:
See ekhibit
.
VIII. Counsel Fees:
$1,500 total including Master's hearing if necessary
IX. Tanaible Personal PrODertv DisDuted:
None
X. Marital Debts:
XI. pronosed Resolution:
50/50 division
i
,
,
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Respectfully submitted,
DHCU, n~RllSHBY Ii TOLLY
~cnarQ~er, Esquire
1.0. #23103
2233 North Front street
Harrisburg, PA 17110
(717) 234-7051
Attorney for
, "
,. ,
HAMPDEN TOWNSHIP POLICE PENSION PLAN
.ANN"'O"AL BENEPIT STATE~NT
PlAN YEAR ENDINO De..mber 31,1995
DAVID F. HECKARD
PROJECTED NORMAL RETIREMENT BENEFIT
Your Proj....d Nonnal R.tlremenl O.n.fiIls schedul.d 10 be plld In Ill. fonn of I L1f. Annully
plYlbl. followlna your rellrem.nl..d after Ill. I...r of your aualnmenl of... 50 or your compl.llon
of25 PI.. Y.... ofS...I... Thl. .,tlmated ben.nl ..,um.. your.mploym.nl wllll Hampel.n
Township conllnu.. unln Nonna! Rellrem.nl" Ippro.lmll.ly Ill. sam. .amlnas reponed for the
abov. PI.. Y.....
Your Projected monlbly benent Is: 1,185.70
ACCRUED BENEFITS TO DATE
Your ACCIII.d O.n.nll, the ftacllona!.h.... of your Proj.c..d O.n.nl.......d 10 dll.. ThI.I.
compu..d by multlplylna your projccl.d ben.fi1 tI",.. I ftactlon wh.relll. num.rIIor Is the number of
PI.. Y..... of 5...1.. .arn.d 10 date ..d Illc d.nomlnator Is 1ll.101al posslbl. number of PI.. Y....
you could se... unlll Nonnal RellremcnL If you hlvc continued 10 work beyond Nonnal Retlmn.n~
your Tolal ACCIII.d O.n.nl mlY ren.ct.. Exlrl S...lc. Oencnl..d mlY be I......, "'.refore,lll..
your Proj....d Nonnal R.tlremcnl O.n.nL
Your Tolal Accrued Benent Is: 5897.38
M..dalory Employ.c Contributions d.po.l..d prior 10 1988 .... beln8 credl..d wllll 5% In..resl per
y....low...d Ill. ulllmate pureh... ofa 'h.... of your retlrem.nl ben.nL Th. bal.... of your
M..dllory Conlributlon Accounl.. of Dec.mber 31, 1995 wu 51,230.65,
Your Employee-purchased Accrued Benent Is: 585.55
Al Retlremen~ you mlY choosc 10 re..lv. your Tolal Accru.d O.nenl .. I monlllly ben.nL or Ifyou
choose to withdraw the value oryour Employee Mandatory Contribution account In I Jump sum. you
will re..lv. only Illc Employcr sh.... of your Accru.d O.n.nL
Your Employer-purchased Accrued Benent Is: 5811.83
VESTED ACCRUED BENEFIT
Your V....d ACCIII.d Ocn.fiIls Ill. amounl ofben.nl cstlml..d 10 be IVlnlbl.1o you "' Nonnal
Retirement Jfyou should terminate employment currently. This amount Is lbe sum aryour
Employ...pureh...d Accru.d Ocncnl..d Illc fracllon of your Employcr.pureh...d A"ru.d O.n.nl
based on your Plan YellS ofServlec.
Your Vesled Accrued Benent Is: 5897.38
Thc ben.nlS shown.... csllml'" b...d on currenl PI.. provlslons..d dall provld.d by Hampelen Township. Actual
ben.nl calculations will be v.rin.d .. your RCllremen~ Death, Dlsablllly or other Tennln"lon, If you hlvc ..y
qu,"lons, pl.... f..1 free 10 call our om.. directly: Elch.lbera.r M.....m.nl 5<:..I...,lno" (717) 761.7626,
M
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OMS No, IlW5-OOOlI
1 W_IlpO._'-'">n 2 F__lU_
b EmpIoyof' _lion_
, 23605013&
: a EmpIoyer'I natnI.1ddrMI. and ZIP cadi
i TOWNSHIP O~ HAMPDEN
I" 230 S. sporting Hill Rd.
MeChanlc.burg, PA 17055-3097
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David ~. Heckard
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"'750 Cr..kvlew Rd
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Date-I i) - . S
ITEM VALUE
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Personal Property of R. 05 t /01/..t HecK. ANI
Appraised by Chuck E. Bricker AU094.L
ITEM
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WE DO HII!RU!I" Cln,I'.,. THA'
'HII! WITHIN III " 'AU' ,,~o COR-
RECT COPY OF 'HE 'RIOIHAL
ruo.... 'HI. ACTIOf'4
..
LAWorFtClll
MANCKE. WAGNER. HERSHEV & TULL V
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ROSEMARY HECKARD,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 3386 CIVIL
DAVID F. HECKARD,
Defendant
IN DIVORCE
AND NOW,
ORDER OF COURT
""'
this _,?
day of
,
1997, the economic claims raised in the proceedings
resolved in accordance with a marital property and settlement
agreement dated January 7, 1997, the appointment of the Master
is vacated and counsel can file a praecipe transmitting the
record to the Court requesting a final decree in divorce.
J.
cc:
Andrew C. Sheely
Attorney for Plaintiff
P. Richard Wagner
Attorney for Defendant
c~ (Y>~ ilr!J) 9 'I.
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IfNVA'. \~\!N:Jd
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GU :Z!H S It;.r /.&
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301:!~o-O;n:~
Andrew C. Sheely, E.qu1re
127 8. Market 8tra6t
P.O. Box 95' .
Keahanla.bur9, fA 11055
PA 10 NO. 6Z469
111-691-1050 CPhone)
111_691_1065 Cr.X)
ROSEMARY HECKARD, I IN THE COURT OF COMMON PLEAS OF
plaintiff, I CUMBERLAND COUNTY, PENNSYLVANIA
Respondent I
vS. I NO. 95-3386
I
DAVID F. HECKARD, I CIVIL ACTION - LAW
Defendant, .
.
petitioner I
RESPONDENT'S ANSWER TO PETITION SEEKING MODIFICATION
TO ALIMONY PROVISION OF PROPERTY SETTLEMENT AGREEMENT
Rosemary Heckard, Respondent, by and through counsel of
Andrew C. Sheely, Esquire, hereby files this Answer to the
Petition filed by David F. Heckard, Petitioner, and respectfully
states as followsl
1. Admitted upon information and belief.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted with clarification. The initial one hundred
twenty (120) month period expires as of January, 2007.
6. Admitted upon information and belief.
7. Admitted in Part/Cenied in Part. It is admitted that
petitioner voluntarily retired from the Hampden Township Police
Department. Respondent is without sufficient information to form
an opinion as to the allegations concerning petitioner's health
condition and whether such health condition impacts his physical
abilities to be gainfully employed, and therefore the remaining
allegations contained in paragraph 7 of the petition are denied
with proof thereof demanded at a hearing.
8. Denied. To the contrary, the terms of the January 7, 1997
Marital property and Settlement Agreement should be enforced by
the Court as an Agreement between the parties incorporated within
the terms of the Divorce Decree. By way of further Answer, the
allegations contained in paragraph 8 are conclusions of law to
which no response is deemed necessary. To the extent an answer is
required, the allegations are denied and proof thereof demanded at
hearing.
9. Admitted with clarification. petitioner has periodically
employed other counsel who sent correspondence to Respondent's
counsel requesting relief from all alimony provisions of the
January 7, 1997 Marital property and Settlement Agreement.
WHEREFORE, Respondent, Rosemary Heckard, respectfully
requests that this Honorable Court deny the requested relief and
dismiss the underlying Petition, or in the alternative, schedule a
hearing at the conclusion of the one-hundred twenty (120) month
period to address the underlying issues concerning Petitioner's
health as raised in the petition in accordance with the terms and
conditions of the 1997 Marital Property and Settlement Agreement.
-
Date: March loj , 2006
Respectfully submitted,
~duA/C S~
Andrew C. Sheely, Esquire
Attorney for Respondent
PA ID No. 62469
P.O. Box 95
127 S. Market Street
Mechanicsburg, PA 17055
717-697-7050
2
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date I .~C~ 2006
c~~~ 1i~~A /)
Rosemary Hec~d M:fL-
CERTIFICATE OF SERVIC~
Date: March 17 , 2006
A~~:~e
I, Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the foregoing Answer to Petition for MOdification of
Alimony Agreement upon the following named individual this day by
depositing same in the United States Mail, First Class, postage
prepaid, at Mechanicsburg, Pennsylvania, addressed as follows:
P. Richard Wagner. Esquire
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
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DAVID HECKARD,
PETITIONER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROSEMARY HECKARD
RESPONDENT
: 95.3386 CIVIL
ORDER OF COURT
AND NOW, this 3rd day of March, 2006, upon consideration of the
foregoing petition, IT IS HEREBY ORDERED that:
(1) A rule Is Issued upon the Respondent to show cause why the relief requested
by the Petitioner should not be granted;
(2) The respondent shall file an answer to the petition within 20 days of selVlce;
(3) The petition shall be decided under Pa.R.C.P. No. 206.7;
(4) An evidentiary hearing on disputed Issues of material fact shall be held on
the 12th day of April, 2006, at 1 :30 p.m. in Courtroom No.5 of the Cumberland County
Courthouse.
By the Court,
M~~ J~'\~
P. Richard Wagner, Esquire
Attorney for Petitioner
Andrew Sheely, Esquire
Attorney for Respondent
bas
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DAVID HECKARD.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
Petitioner.
v.
: NO: 9'i.'l'lR(;
: CIVIL ACTION. LAW
ROSEMARY HECKARD.
Respondent.
ORDER
AND NOW. this
day of
.2006. upon Petition of David
Heckard. a Rule is hereby issued upon the Respondent. Rosemary Heckard. to show cause why.
if any. the relief requested should not be granted.
RULE RETURNABLE
days after service.
BY THE COURT:
J.
,
""
.
.
DAVID HECKARD,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner,
v.
: NO: 95-3386
: CIVIL ACTION. LA W
ROSEMARY HECKARD,
Respondent.
PETITION
AND NOW, comes the Petitioner, David Heckard, by and through his attorneys, Mancke,
Wagner & Spreha, and files the following Petition:
I. Your Petitioner, David Heckard. is an adult individual residing at 4183 Nantucket
Drive. Mechanicsburg. Cumberland County. Pennsylvania.
2. The Respondent, Rosemary Heckard. is an adult individual residing at 420 Lafayette
Street, Enola, Cumberland County, Pennsylvania.
3. Petitioner and Respondent executed a Marital Property and Settlement Agreement
dated January 7, 1997, a copy of which is attached hereto, incorporated herein by reference and
marked as Exhibit A.
4. Pursuant to the tenns of the Agreement. specifically paragraph 12. Petitioner herein
was obligated to pay alimony in the amount of $1 00.00 per month beginning the first of
February, 1997 for a period of 120 consecutive months after which the amount automatieally
increases to $250.00 per month.
.
.
.
5. Also pursuant to the same provision, Petitioner is pennitted to petition for a
modification after the initial 120 month period.
6. At the time of the execution of the Agreement, Petitioner was gainfully employed as a
member of the Hampden Township Police Department, and further. at a time when the
Agreement was entered, Petitioner's health was such that he could be gainfully employed.
7. Since the execution of the Agreement, Petitioner has retired from the aforementioned
police department, and has been diagnosed with emphysema that impacts his physical abilities,
including his ability to be gainfully employed.
8. Petitioner believes and therefore avers that he is entitled to a modification of the
$250.00 per month alimony amount based upon the above factors.
9. Petitioner has requested of the Respondent to be relieved from said obligation, but
Respondent has refused to provide the relief requested.
-,
... .
WHEREFORE, Petitioner prays this Court to grant relief in the fonn of modifying his
obligation to pay alimony of $250.00 per month after the first 120 month period which expires
Janumy 1,2007.
Respectfully submitted,
Mancke. Wagner & Spreha
/p.~...."m
1.0. #23103
2233 North Front Street
Harrisburg, P A 17110
(717) 234-7051
Attorneys for Petitioner
Date:
cA!.).J./O(P
I I
4. .
VERIFICATION
I verify that the statements made in the foregoing
document 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.
{J~~
DATE:
/- .;:t IJ - t!J ~
.
...
MARITAL PROPERTY AND SETTLEY.ENT AGREEMENT
THIS AGREEMENT, made this 7th day of January, 1997, by
and between Rosemary Heckard, party of the first. part, h~reina-
fter referred to as "Wife", and David F. Heckard, party of the
second part, hereinafter referred to as "HuSband".
WITNESSETH:
WHEREAS, the parties hereto are husband and wife,
having been married on August 3, 1968, in Enola, Pennsylvania,
separating on or about August 1, 1994; and
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated, living
independent and apart from one another, 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 Wife by
Husband or of Husband by Wife; and in general, the settling of
any and all claims and possible claims by one against the other
or against their respective estates.
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
- II -
~
,
marital status, particularly with respect to the relevant sec-
tions of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No.
26, as amended, 23 P.S. 3101 et sea., and being fully aware of
,
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!
their right to consult with or having consulted with their
respective legal counselor advisors, namely Andrew c. Sheely,
Esquire, Attorney for Wife, and P. Richard Wagner, Esquire,
Attorney for Husband, and acknowledging the opportunity and
ability to request a full and complete disclosure of income and
assets from the other, and reviewing this Agreement, have come to
an agreement as to each and all of their said matters of property
and relations; and
WHEREAS, Wife has filed a Complaint in Divorce, said
Complaint being docketed in the Prothonotary's office of Cumber-
land County, Pennsylvania, at No. 95 - 3386.
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
1. ADVICE OF COUNSEL
Husband and wife acknowledge that they have been given
the opportunity to obtain the advice of counsel regarding the
provisions of this Agreement and their legal effect in advance of
the date set forth above to permit such independent review. Each
2
~
~ .'
party acknowledges that he or she has had the opportunity to
receive independent legal advice from counsel from his or her
selection, and that each fully understands the facts and has been
fully informed as to his her or her legal rights and obligations,
and each party acknowledges and accepts that this Agreement is,
and the circumstances, fair and equitable, after having the
opportunity to receive such advice and with such knowledge, and
that execution of this Agreement is not the result of any im-
proper or illegal agreement or agreements. In addition, each
party hereto acknowledges that he or she has had the opportunity
to be fully advised by his or her respective attorney of the
impact of the Pennsylvania Divorce Code, whereby the court has
the right and duty to determine all marital rights of the parties
including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or pos-
sessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same and having the opportunity
to be fully advised if his or her rights thereunder, each party
hereto still desires to execute this Agreement, acknowledging
that the terms and conditions set forth therein are fair, just
and equitable to each of the parties, and waives his and her
respective right to have the Court of Common Pleas of Cumberland
County, or any other court of competent jurisdiction, make any
3
..
~ "
determination or order effecting the respective parties rights to
a divorce, alimony, alimony pendente lite, equitable distribution
of all marital property, counsel fees and costs of litigation.
2. SEPARATION
It shall be lawful for each party at all times
hereafter to live separate and apart from each other in such
place or places as he or she may from time to time choose.
3. INTERFERENCE
Each party shall be free from interference, authority
and control, direct or indirect, by the other as fully as if he
or she were single and unmarried. Neither shall molest the other
or their respective families, or compel or endeavor to compel the
other to cohabitate or dwell with him or her, or to in any way
harass or malign the other or their respective families.
4. WAIVER OF CLAIMS AGAINST ESTATES
Except as otherwise provided herein, Husband relin-
quishes his inchoate intestate right and his right to act as a
personal representative in the estate of Wife, and Wife relin-
quishes her inchoate intestate right and her right to act as a
personal representative in the estate of Husband. Each of the
parties hereto by their presents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
release, quit-claim and forever discharge the other party hereto,
4
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~
his or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or nature,
for or because of any matter or thing omitted or sUffered to be
done by aaid other party prior to and including the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affect
any cause of action in absolute divorce which either party may
have against each other.
5. MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly, various
marital assets and real property, liabilities, debts, including
the following items:
A. Assets
(i) Real property located at 4750 Creekview Road,
Mechanicsburg, Pennsylvania (marital residence)
with an agreed upon value of $98,000.00; and
(ii) Hamden Township Police Pension Plan with a value
of $148,590; and
(iii) Pennsylvania Blue Shield Retirement Plan with an
agreed upon value of $10,000.00; and
5
.
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(iv) 1989 Pontiac Firebira with an agreed upon value of
$2,000.00; ana
(v) 1995 Chevrolet Cavalier, or proceeas thereof, with
an agreed upon value of $600.00; ana
(vi) Miscellaneous personal property, incluaing guns,
furniture, personal items, jewelry, increase in
value of non-marital property, sporting gooas ana
equipment, coins and cash with an agreed upon
value of $2,4850.00; ana
B. DEBTS
(i) First Union Line of Credit; ana
(H) AT&T Universal Card; and
(Hi) Lowes credit card debt; ana
(iv) Montgomery Ward credit card debt; ana
(v) Sears & Roebuck credit card aebt;
(vi) PNC BANK loan; ana
(vH) BELCO loan.
Husbana ana Wife acknowledge that they are aware of
their respective rights pursuant to the Divorce Code of 1980, as
amendea, to obtain formal valuations or appraisals of the marital
residence, and other items of marital property. The parties
hereby waive any necessity for completing or attaching any
financial disclosure(s). Each party further acknowledges the
6
,
...
opportunity to attach a full and complete financial disclosure
and that such disclosure is not desired to effectuate a fair and
equitable resolution of their marital rights, duties and obliga-
tions as provided in the Divorce Code of 1980, as amended.
6. PERSONAL PROPERTY
The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances and other household personal property
between them, and they mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her posses-
sion, whether said property is heretofore owned jointly or
individually by the parties hereto, and this Agreement shall have
the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual posses-
sions of each of the parties hereto.
7. REAL ESTATE
Simultaneously with the signing of this Agreement,
Husband agrees to transfer his right, title and interest in and
to the parcel of jointly-owned real estate with improvements
thereon situate at 4750 Creek View Road, Mechanicsburg (Hampden
Township) Pennsylvania, as more specifically described in the
deed attached hereto as Exhibit "A", to Wife, and to sign all
7
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...
.'
documents necessary to effect said transfer of the title to the
real estate to her name individually. Husband and Wife ac-
knowledge that no other encumbrances, liens, jUdgments or other
liabilities are presently recorded against the real estate and
improvements set forth in Exhibit "A", other than those described
above. Wife further shall indemnify Husband on account of any
obligation he may have to her concerning the ownership of the
real estate including, but not being limited to, municipal liens,
real estate taxes, sewer and water assessments, fire and casualty
insurance, and utilities. Wife shall be entitled to any escrows
or other amounts refunded to the parties paid as a result of the
refinancing and Husband shall endorse any checks made payable to
both parties as a result of satisfaction of any mortgage or other
debt.
Wife further agrees to satisfy and save Husband harm-
less from any obligation which he may be liable for his respec-
tive share of any capital gains taxes which may be assessed
hereafter as the result of any future sale of the above-described
real estate.
8. MONTHLY PAYMENT
Due to the value of Husband's Hampden Township Police
Pension and the parties agreement that Husband shall maintain
such pension benefit in its entirety, Husband and Wife agree that
8
.
.
Husband shall pay Wife a monthly payment in order to effectuate a
equitable division of marital assets. Husband and Wife agree that
Husband's payment of an amount of $45,000.00 (without interest)
is necessary to achieve an equitable distribution of marital
assets.
In order to achieve this result, Husband and Wife agree
that Husband shall pay Wife a monthly payment of $375.00 as a
deferred property distribution due to his inability to obtain the
funds necessary to effectuate an immediate equitable distribution
of assets and liabilities. This monthly payment shall be inter-
preted as a distribution of property which is necessary to
effectuate an equitable distribution of assets and is intended to
offset the present value of Husband's pOlice pension benefit
which exceeds the value of all other marital assets. The monthly
payment of $375.00 shall continue for a period of ten (10) years
and shall be evidenced by a judgment note which shall be executed
simultaneously herewith. The payment of $375.00 per month shall
be non-taxable payments to wife and paid on or before the first
day of each month, commencing on February 1, 1997. Nothing
herein shall be construed to prevent Husband from making addi-
tional payments to the monthly amount of $375.00 per month in
order to prepay the amount of $45,000.00 in advance of the ten
(10) year period.
9
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,
Husband shall execute a confession of judgment note on
the date of execution of this Agreement, which shall be held by
Wife's attorney in the event that Husband defaults under the
terms and conditions of payment set forth in this paragraph. In
the event Husband is in default of any payment herein, and
remains in default in excess of fourteen (14) days after written
notice to Husband's attorney of record, Wife's attorney shall
dete~~ine the amount due pursuant to the confession of judgement
note, record such judgment in the amount that remains unpaid by
Husband and execution shall immediately follow. A copy of this
note shall be attached hereto as Exhibit "B", Nothing herein
shall prevent Wife from seeking other remedies authorized by this
Agreement or allowed by law to enforce the terms of this Agree-
ment.
All financial obligations undertaken by Husband in this
paragraph shall be binding on his heirs, executors, administra-
tors, successors and assigns, and shall constitute a charge
against his estate, notwithstanding any other provision of this
Agreement. It is further acknowledged and agreed that these
payments shall not be discharged in bankruptcy and that they
shall be deemed a priority claim of his estate. In the event
Husband files for bankruptcy and his obligations hereunder are
discharged, nothing set forth in this Agreement shall prejudice
10
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Wife from seeking modification of this Agreement in any court of
appropriate jurisdiction.
9. MOTOR VEHICLES
The parties hereto agree that Husband shall be entitled
to have the sole and exclusive control, benefit, use and title of
the 1989 Pontiac Firebird, or the proceeds thereof, and that he
shall further hold Wife harmless from and assume full respon-
sibility for any liability for the 1989 Pontiac Firebird, in-
cluding the insurance payments thereon. The parties hereto agree
that Wife shall be entitled to have sole and exclusive control,
benefit, use and title of the 1985 Chevrolet Cavalier, or the
proceeds thereof, and that she shall hold Husband harmless from
and assume full responsibility for any liability for the 1985
Chevrolet Cavalier.
The parties hereto agree that titles to the motor
vehicles shall be transferred within twenty (20) days from the
date of this Agreement to the party receiving the motor vehicle,
if applicable.
10. MISCELLANEOUS
(A) The parties hereto acknowledge and agree that any
and all savings and checking accounts, as well as certificates of
deposit and other investment accounts, owned by them jointly or
singly, have been divided to their mutual and individual sati-
11
r
~
.
staction.
(B) Neither party hereto shall maKe a claim upon the
other tor accumulated pension, profit-sharing, retirement sup-
port, retirement benetits, insurance policies, IRA's, or any
retirement-related benefito, excepting only those benefits set
forth in the Agreement. specifically, Husband waives any and all
interest in Wife's Pennsylvania Blue Shield Retirement Plan, and
Wite waives any and all interest in Husband's pension with the
Hampden Township Police Pension Plan.
(C) The parties hereto aCKnowledge and agree that any
and all life insurance policies owned by them jointly or singly
have been divided to their mutual and individual satisfaction.
Each party hereto acknowledges that they have in their sole
possession those policy or pOlicies of life insurance which they
intend to Keep and retain as their sole and exclusive property
and, further, each party shall have the right to designate the
beneficiaries of said pOlicies. Husband shall continue to
maintain Wife as the beneficiary under his life insurance policy
provided through his Employer, Hampden Township, and shall
provide Wife with evidence that she is the named beneficiary on
an annual basis or provide her with authorization to obtain such
information directly from Hampden Township or any other provider
during the ten (10) year periOd.
12
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..
(D) The division of existing marital property is not,
except as otherwise expressly provided herein, intended by the
parties to constitute in any way, a sale or exchange of assets
and the division is being affected without the introduction of
outside funds or other property not constituting a part of the
marital estate. As a part of an equitable division of the
marital properties and the marital settlement herein contained,
the parties hereto agree to save and hold each other harmless
from all income taxes assessed against the other resulting from
the division of the property as herein provided.
eE) Each party represents and warrants to the other
that he or she has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on which
the other party is or may be liable. A liability not disclosed
in this Agreement will be the sole responsibility of the party
who has incurred or may hereafter incur it, and such party agrees
to pay it as the same shall become due, and to indemnify and hold
the other party and his or her property harmless from any and all
such debts, obligations and liabilities.
(F) Each party represents and warrants to the other
that each shall file separate income tax returns for tax year
1996 and thereafter. Information maintained by one party which
is necessary to complete any subsequent income tax return by the
13
. ,
other party shall not be unreasonably withheld upon the request
of either party.
(G) The parties hereto agree that any and all obliga-
tions incurred subsequent to the date of separation, said date
being August 1, 1994, (excluding debts set forth in this Agree-
ment) shall be ~he sole and individual responsibility of the
party incurring the obligation. Husband represents and warrants
to Wife that from the signing of this Agreement and in the future
he will not contract or incur any debt or liability for which
Wife or her estate might be responsible and shall indemnify and
save harmless Wife from any and all claims or demands made
against her by reason of debts or obligations incurred by him.
Wife represents and warrants to Husband that from the signing of
this Agreement and in the future she will not contract or incur
any debt or liability fo~ which Husband or his estate might be
responsible and shall indemnify and save harmless Husband from
any and all claims or demands made against him by reason of debts
or obligations incurred by her.
f
I
f
I
I
11. DEBTS OF HUSBAND AND WIFE
Husband and Wife acknowledge have incurred various
marital, (joint and separate) debts prior to separation. Pre-
sently, Husband and Wife remain indebted to the following persons
or entities in the following approximate amounts:
14
.
~
Amount of Debt
A.
B.
C.
D.
E.
F.
G.
AT&T Universal Card
Montgomery Ward
Sears & Roebuck
Lowes
PNC BANK (loan)
BELCO loan
First Union (credit line)
$705.87
$595.92
$428.49
$333.72
$739.66
$393.00
$24,601.19
Wife hereby agrees that she shall assume and satisfy
the above-referenced debts through refinancing or any other
method of payment within ninety (90) days from the date of this
Agreement or within a reasonable period of time thereafter.
12. ALIMONY. SUPPORT AND MAINTENANCE
Husband shall pay Wife, as alimony, the sum of one
hundred dollars ($100.00) per month, beginning on February 1,
1997 for 120 consecutive months, payable on the first. day of each
month. The alimony amount of $100.00 per month shall be non-
modifiable, excepting only a substantial change in circumstances
directly related to a physical or mental disability, medical
condition or the health of either party, which limits or impairs
the ability of either party to work. Upon conclusion of the
120th month, the amount of alimony shall increase to the amount
of $250.00 per month. Nothing in this Agreement shall preverlt
either party from petitioning for modification of such amount for
any reason after the one hundred twenty (120) month period.
In the event Husband fails to make an alimony payment
15
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, .
prior to the first (1st) day of each month, this Agreement shall
be submitted to the Domestic Relations Office of Cumberland
County for enforcement purposes. In such event, each party
agrees to execute any documents as are required by the Domestic
Relations Office to effectuate the terms of this Agreement.
Husband shall assume all costs associated with his obligation to
pay Wife alimony pursuant to the terms of this Agreement.
Alimony awarded pursuant to this paragraph shall cease
upon either Husband or Wife's death, Wife's remarriage or Wife's
cohabitation. The alimony payments awarded pursuant to this
paragraph shall be taxable to wife's income and deducted from
Husband's income in accordance with all tax laws and Internal
Revenue Service Rules and Regulations.
In the event that Husband becomes a debtor in any
bankruptcy proceeding or financial reorganization of any kind,
which proceeding results in the discharge of any obligations due
to Wife under paragraph 8, or which result in any transfers or
payments to Wife pursuant to paragraph being set aside as prefer-
ential transfers, then Husband specifically agrees that not-
withstanding any of the other waivers or limitations with respect
to alimony set forth in this Agreement, or which exist under
applicable law, Wife shall be permitted to petition for alimony
under the law of the Commonwealth of Pennsylvania in effect at
16
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. .
the time or execution or this Agreement. Husband specifically
waives the right to assert any defenses to the alimony claims
ex~ept those set forth in S501(b) of tho Divorce Code of 1980, as
amended, 23 P.S. S3701 (b) and (e) or any future amendments.
When considering the factors set forth under in Section 501 (23
Pa.C.S.A. S3701), the court shall consider those factors as of
the time of the application, except that in addition the court
shall also consider that certain obligations which would other-
wise have been paid to Wife have been discharged. It is the
speciric intent of the parties that, as nearly as possible, Wife
shall receive according to the provision of this paragraph the
full amount of the property that she would have received had the
debts not been discharged.
13. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party
waives his or her right to alimony and further distribution of
property inasmuch as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property
in accordance with the Divorce Code, as amended. Subject to the
provisions of this Agreement, each party has released and dis-
charged and by this Agreement does for himself or herself, and
his or her heirs, legal representatives, executors,
administrators and assigns, release and discharge the other of
17
and from all causes of action, claims, rights or demands what-
soever in law or equity, which either of the parties ever had or
now has against the other, except any or all cause or causes of
action for divorce or except in any or all causes of action for
breach of any provisions of this Agreement. Each party also
waives their right to request marital counseling pursuant to
Section 3302 of the Divorce Code.
14. SUBSE~UENT DIVORCE
A decree in divorce entered by a court of competent
jurisdiction to either party shall not suspend, supersede or
affect the terms of this Agreement. Both parties agree, if
requested, to enter a Consent Order or Orders concerning the
provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction, as a part of a resolution of any divorce action
filed or to be filed. This Agreement, and the terms and
conditions contained herein, as well as the enforcement of said
terms and conditions, shall be contingent upon the granting of a
Divorce Decree to either party by the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction. Furthermore, both parties hereto agree, if re-
quested, to execute the appropriate affidavits of consent and
waiver of formal notice forms to secure a No-fault Divorce as may
18
be required by the Divorce Code, as amended. Such forms shall be
signed by both parties upon transfer of the real estate and
exchange of funds as set forth in Paragraphs 7 and B above. Both
parties hereto agree that this Agreement may be incorporated into
a separate Court Order but shall not merge in such order.
15. 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.
Husband and Wife acknowledge and agree that the provisions of
this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and
satisfactory to them based on the length of their marriage and
other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provisions of
this Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by
any court of competent jurisdiction pursuant to Section 3502 of
the Divorce Code or any amendments thereto. Husband and Wife
each voluntarily and intelligently waive and relinquish any right
to seek a court ordered determination and distribution of marital
19
..
property, but nothing herein contained shall constitute a waiver
by either party of any rights to seek the relief of any court for
the purpose of enforcing the provisions of this Agreement.
16. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is fair
and equitable, that it is being entered into voluntarily, with
full knowledge of the assets of both parties, and that it is not
the result of any duress or undue influence. The parties
acknowledge that they have been furnished with all information
relating to the financial affairs of the other which has been
requested by each of them or by their respective counsel.
17. ADDITIONAL INSTRUMENTS
Husband and Wife 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 terms of this Agreement.
18. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance of any of the
20
.
I . .1
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature. The
waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or construed as a waiver of
any other term, condition, clause or provision of this Agreement.
19. BREACH
If either party hereto breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for such breach, or seek other remedies or
relief as may be available to him or her. Both parties agree and
are aware that non-compliance with any provision of this Agree-
ment permits either party to pursue appropriate legal remedies,
including sanctions as set forth in 23 Pa. C.S.A. ~3105.
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys' fees, costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable for, in any way whatsoever, or
shall pay upon, or in consequence of, any default or breach by
the other of any of the terms or provisions of this Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
against the other at law or equity or both or in any way what-
soever, provided that the party who seeks to recover such
21
.
I '. ,
attorneys' fees, costs and legal expenses and expenses must first
be successful in whole or in part, before there would be any
liability for attorneys' fees, costs, legal expenses and
expenses. It is the specific agreement and intent of the parties
that a breaching or wrongdoing party shall bear the burden and
obligation of any and all costs and expenses and counsel fees
incurred by the other party in endeavoring to protect and enforce
his or her rights under this Agreement.
All remedies provided by law and all remedies provided
for in this Agreement for enforcement of the Agreement shall be
deemed to be cumulative and the exercise of one remedy shall not
bar or prevent the pursuit of any other remedy and either party
may elect to pursue such remedies simultaneously and the exercise
of a remedy one or more times shall not exhaust its use or
prevent further pursuit of such remedy.
20. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for
convenience only. They shall not have any effect whatsoever in
determining the rights or obligations of the parties.
21. INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between
the parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
~2
. . . .
22. APPLICABLE LAW
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania. For purposes of contract inter-
pretation and for purposes of resolving any ambiguity herein, the
parties agree that this Agreement was prepared jointly by their
respective attorneys.
23. VOID CLAUSES
If any term, conditions, clause or provision of this
Agreement shall be determined or declared to be void or invalid
in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full
force, effect and operation.
24. BINDING AGREEMENT
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
WITNESS: , ,..... ,..,
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23
, . . .
COMMONWEALTH OF PENNSYLVANIA
J ( '" 5S.
COUNTY OF d,.',,!~., J;1'......~
On this, the 7'v: day of /;::"~"'~"' J' , 1997,
before me, the undersigned officer, personally 'appeared David F.
Heckard, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and ack-
nowledged that he executed the same for the purposes therein
contained.
seal.
IN WITNESS WHEREOF, I hereunto set my hand and official
("'"
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My Commission Expires:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the ~ day of (fltf'";,~"",,.)' , 1997,
before me, the undersigned officer, personally appeared Rosemary
Heckard, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and
acknOWledged that she executed the same for the purposes therein
contained.
55.
seal.
IN WITNESS WHEREOF, I hereunto set my hand and official
(t'}"...,j7 0
Notary
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Public
My Commission Expires:
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Tax Parcel No.
THIS DEED,
MADE THE
7th day of January in the year one thousand nine
hundred ninety-seven (1997)
DAVID F. HECKARD and ROSEMARY HECKARD, husband and
wife, 'of Mechanicsburg, Cumberland County,
Pennsylvania,
BETWEEN
Grantors
81ld
ROSEMARY HECKARD, ot Mechanicsburg, Cumberland
County, Pennsylvania,
Grantee:
W7T~~lf, that in consideration of One and NO/100 Dollars
($1.00), in hand paid, the receipt whereof is hereby
acknowledged, the said Grantors do hereby grant and convey to the
said Grantee, her heirs and assigns, as follows:
ALL THAT CERTAIN piece or parcel of land situate in the Township
of Hampden, Cumberland County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a monument on the north side of Creekview Road at
lands now or formerly of Township of Hampden; thence along the
north side of Creekview Road, South 65 degrees 58 minutes 28
seconds West, a distance of 90 feet to a point on the same at
line of other remaining lands now or formerly of Charles M. and
Thelma G. Kemberling of which the lands herein described were a
part: thence along said other remaining lands now or formerly of
Charles M. and Thelma G. Kemberling, the following two (2)
courses and distances: (1) North 24 degrees 16 minutes 26 seconds
West, a distance of 133.34 feet to a point: and (2) North 65
degrees 43 minutes 34 seconds East, a distance of 90 feet to a
point at line of lands now or formerly of Township of Hampden:
thence along said lands of Township of Hampden, South 24 degrees
16 minutes 26 seconds East, a distance of 133.73 feet to a
monument on the north side of Creekview Road, the place of
BEGINNING.
BEING Lot No. 2 as shown on that certain sUbdivision plan of lots
EXH\6IT I' A II
--
...... ..
made for Charles M. Kemberling and Thelma G. Kemberling and
recorded in the Cumberland County Recorder of Deeds Office in
Plan Book 34, Page 104.
HAVING ERECTED THEREON a dwelling house being known and numbered
as 4750 Creekview Road, Mechanicsburg, Pennsylvania.
BEING the same premises which Charles M. Kemberling and Thelma G.
Kemberling by deed dated March 5, 1985 and recorded on March 8,
1985 in the Cumberland County Recorder of Deeds Office in Deed
Book "0", Volume 31, Page 442, granted and conveyed unto David F.
Heckard and Rosemary Heckard, the Grantors herein.
iUVDthe said Grantors hereby covenant and agree that they will
warrant specially the property hereby conveyed.
THIS IS A CONVEYANCE FROM HUSBAND AND WIFE TO WIFE ONLY AND IS,
THEREFORE, EXEMPT FROM THE PAYMENT OF REALTY TRANSFER TAXES.
IN ~lV~ ~OF, said Grantors have hereunto set their hands
and seals the day and year first above written.
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David F. Heckard _
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Rosemary Hefkard
,.
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this, the 7th day of January, 1997, before me, the under-
signed officer, personally appeared David F. Heckard and Rosemary
Heckard, known to me (or satisfactorily proven) to be the persons
whose names were subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
(~ ~. ,"......"'l
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Notary PubliC"
My Commission Expires:
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.
I do hereby certify that the precise residence and complete
post office address of the within named grantee is 4750 Creekview
Road, Mechanicsburg, Pennsylvania 17055.
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January 7, 1997 I i(. .., .... . .".'
A drew C. sheely, (N.T.S.)
Attorney for Grantee "
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
55.
RECORDED on this day of ,
19 , in the Recorder's Office of the said County, in Deed
Book , Page
Given under my hand and the seal of the said office, the
date above written.
, Recorder.
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JUDGMENT NOTE
$45,000.00
FOR VALUE RECEIVED, I, David F. Heckard, of
January 7 ' 1997
Hampden Township,
Cumberland county, promise to pay to the order of Rosemary Heckard, of
4750 Creekview Road, Pennsylvania, the sum of Forty-five thousand and
00/100 Dollars ($45,000.00), without offset, at an amount of $375.00
per month until fully paid. .
AND FURTHER, I do hereby authorize and empower any attorney or the
Prothonotary of Cumberland County, Pennsylvania, or any Court of Record
of Pennsylvania or elsewhere to appear for and enter Judgment against
me at any time before or after maturity for the above sum, with or
without declaration, with costs of suit, release of errors, without
stay of execution, and with ten (10)% added for collection fees; and I
hereby agree not to make any motion or any application whatsoever to
any Court for an inquisition on any real estate that may be levied upon
to collect the aforesaid sum, and I voluntarily condemn same, and
authorize the Prothonotary or any Court of Record to enter said volun-
tary condemnation upon the Writ of Execution and I further agree that
any property, real, personal or mixed may be sold through a Writ of
Execution and further hereby waive and release all relief from any and
all appraisements, stay or exemption laws of any state now in force or
which are passed hereafter.
WITNESS my hand and seal the day and year first above
written.
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DAVID F. HECKARD
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TO
YOU ARE HEREBY NOTIFIED TO FILE
A WRITTEN RESPONSE TO THE
ENCLOSED
WITHIN TWENTY 1201 DAYS FROM -.' .
SERVICE HEREOF OR A JUDGMENT
MAY BE ENTEREOAGAINSTYOU
BY
LAW OfHCla
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MANCKE. WAGNER & SPREHA
2233 NOATH FRONT STREET
HAR,U88URO. PA 17110
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WE DO HEREBY CERTIFY THAT
THE WITHIN IS A TRUE ANO COR,
RECT COPY OF THE ORIGINAL
F1~D INTHIS ACTION
'BY
ATTORNEY
ATTORNEY
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AndrQw c. Shealy, Elqu1re
121 8. HarkQt Stre.t
P.O. Box 95
~.eh4nlo.bur91 PA 17055
PA tD NO. 62469
717-697-1~50 (PhonaJ
717-697-706' (FaX)
ROSEMARY HECKARD,
plaintiff,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3386
vs.
DAVID F. HECKARD,
Defendant,
Petitioner
: CIVIL ACTION - LAW
RESPONDENT'S ANSHBR TO PBTITION SBEKING MODIFICATION
TO ALIMONY PROVISION OF PROPERTY SBTTLBMB~T AGREBMENT
Rosemary Heckard, Respondent, by and through counsel of
Andrew c. Sheely, Esquire, hereby files this Answer to the
Petition filed by David F. Heckard, petitioner, and respectfully
states as follows:
1. Admitted upon information and belief.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted with clarification. The initial one hundred
twenty (120) month period expires as of January, 2007.
6. Admitted upon information and belief.
7. Admitted in Part/Denied in part. It is admitted that
Petitioner voluntarily retired from the Hampden Township Police
Department. Respondent is without sufficient information to form
an opinion as to the allegations concerning Petitioner's health
condition and whether such health condition impacts his physical
abilities to be gainfully employed, and therefore the remaining
allegations contained in paragraph 7 of the petition are denied
.
.
with proof thereof demanded at a hearing.
8. Denied. To the contrary, the terms of the January 7, 1997
Marital property and Settlement Agreement should be enforced by
the Court as an Agreement between the parties incorporated within
the terms of the Divorce Decree. By way of further Answer, the
allegations contained in paragraph 8 are conclusions of law to
which no response is deemed necessary. To the extent an answer is
required, the allegations are denied and proof thereof demanded at
hearing.
9. Admitted with clarification. petitioner has periodically
employed other counsel who sent correspondence to Respondent's
counsel requesting relief from all alimony provisions of the
January 7, 1997 Marital Property and Settlement Agreement.
WHEREFORE, Respondent, Rosemary Heckard, respectfully
requests that this Honorable Court deny the requested relief and
dismiss the underlying Petition, or in the alternative, schedule a
hearing at the conclusion of the one-hundred twenty (120) month
period to address the underlying issues concerning Petitioner's
health as raised in the petition in accordance with the terms and
conditions of the 1997 Marital property and Settlement Agreement.
...
Datel March I' , 2006
Respectfully submitted,
rfr,d-wVc. ~
Andrew c. Sheely, Esquire
Attorney for Respondent
PA 10 No. 62469
P.O. Box 95
127 S. Market Street
Mechanicsburg, PA 17055
717-697-7050
2
VERIFICATION
I verify that the statements made in this complaint are true
and correct. I understand that false statements herein are made
subject to penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date I HARC~ 2006
(A~~
Rosemary Hec d
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CERTIFICATE OF SERVICB
I, Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the foregoing Answer to Petition for Modification of
Alimony Agreement upon the following named individual this day by
depositing same in the United States Mail, First Class, postage
prepaid, at Mechanicsburg, Pennsylvania, addressed as follows:
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Date: March 17 , 2006
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P. Richard Wagner. Esquire
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg. PA 17110
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DAVID HECKARD,
PETITIONER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROSEMARY HECKARD
RESPONDENT
: 95.3386 CIVIL
ORDER OF COURT
AND NOW, this 5th day of April, 2006, upon consideration of the Petitioner's
Motion for Modification and Respondent's answer thereto; and noting that Petitioner only
requests modification of the alimony to be paid after January 7,2007, and that the
critical Issue to the request for modification will be a determination of the Petitioner's
health, physical ability and ability to be gainfully employed at that time, IT IS HEREBY
ORDERED AND DIRECTED that the hearing currently scheduled for April 12, 2006 at
1 :30 p.m. is hereby continued until December 1, 2006 at 10:00 a.m. In the Interim, the
Petitioner Is directed to corltlnue to pay the $100.00 per month alimony to the
Respondent.
By the Court,
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M. L. Ebert, Jr.,
J.
/Rlchard Wagner, Esquire
Attorney for the Petitioner
,A1ldrew C. Sheely, Esquire \
Attorney for the Respondent ~
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DAVID HECKARD,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner,
v.
: NO: 95-3386
CIVIL ACTION - LAW
ROSEMARY HECKARD,
Respondent.
PETITION
AND NOW, comes the Petitioner, David Heckard, by and through his attorneys, Mancke,
Wagner & Spreha, and files the following Petition:
1. Your Petitioner, David Heckard, is an adult individual residing at 4183 Nantucket
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. The Respondent, Rosemary Heckard, is an adult individual residing at 420 Lafayette
Street, Enola, Cumberland County, Pennsylvania.
3. Petitioner and Respondent executed a Marital Property and Settlement Agreement
dated January 7, 1997, a copy of which is attached hereto, incorporated herein by reference and
marked as Exhibit A.
4. Pursuant to the terms of the Agreement, specifically paragraph 12, Petitioner herein
was obligated to pay alimony in the amount of $100.00 per month beginning the first of
February, 1997 for a period of 120 consecutive months after which the amount automatically
increases to $250.00 per month.
5. Also pursuant to the same provision, Petitioner is permitted to petition for a
modification after the initiall20 month period.
6. At the time of the execution of the Agreement, Petitioner was gainfully employed as a
member of the Hampden Township Police Department, and further, at a time when the
Agreement was entered, Petitioner's health was such that he could be gainfully employed.
7. Since the execution of the Agreement, Petitioner has retired from the aforementioned
police department, and has been diagnosed with emphysema that impacts his physical abilities,
including his ability to be gainfully employed.
8. Petitioner believes and therefore avers that he is entitled to a modification of the
$250.00 per month alimony amount based upon the above factors.
9. Petitioner has requested of the Respondent to be relieved from said obligation, but
Respondent has refused to provide the relief requested.
VERIFICATION
I verify that the statements made in the foregoing
document 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.
{):::fiLv
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DATE:
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MARITAL PROPERTY AND SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 7th day of January, 1997, by
and between Rosemary Heckard, party of the first part, h~reina-
fter referred to as "Wife", and David F. Heckard, party of the
second part, hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, the parties hereto are husband and wife,
having been married on August 3, 1968, in Enola, Pennsylvania,
separating on or about August 1, 1994; and
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated, living
independent and apart from one another, 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 Wife by
Husband or of Husband by Wife; and in general, the settling of
any and all claims and possible claims by one against the other
or against their respective estates.
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
- II -
marital status, particularly with respect to the relevant sec-
tions of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No.
26, as amended, 23 P.S. 3101 et seo., and being fully aware of
their right to consult with or having consulted with their
respective legal counselor advisors, namely Andrew C. Sheely,
Esquire, Attorney for Wife, and P. Richard Wagner, Esquire,
Attorney for Husband, and acknowledging the opportunity and
ability to request a full and complete disclosure of income and
assets from the other, and reviewing this Agreement, have come to
an agreement as to each and all of their said matters of property
and relations; and
WHEREAS, Wife has filed a Complaint in Divorce, said
Complaint being docketed in the Prothonotary's office of Cumber-
land County, Pennsylvania, at No. 95 - 3386.
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
1. ADVICE OF COUNSEL
Husband and Wife acknowledge that they have been given
the opportunity to obtain the advice of counsel regarding the
provisions of this Agreement and their legal effect in advance of
the date set forth above to permit such independent review. Each
2
party acknowledges that he or she has had the opportunity to
receive independent legal advice from counsel from his or her
selection, and that each fully understands the facts and has been
fully informed as to his her or her legal rights and obligations,
and each party acknowledges and accepts that this Agreement is,
and the circumstances, fair and equitable, after having the
opportunity to receive such advice and with such knowledge, and
that execution of this Agreement is not the result of any im-
proper or illegal agreement or agreements. In addition, each
party hereto acknowledges that he or she has had the opportunity
to be fully advised by his or her respective attorney of the
impact of the Pennsylvania Divorce Code, whereby the court has
the right and duty to determine all marital rights of the parties
including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or pos-
sessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same and having the opportunity
to be fully advised if his or her rights thereunder, each party
hereto still desires to execute this Agreement, acknowledging
that the terms and conditions set forth therein are fair, just
and equitable to each of the parties, and waives his and her
respective right to have the Court of Common Pleas of Cumberland
County, or any other court of competent jurisdiction, make any
3
,
determination or order effecting the respective parties rights to
a divorce, alimony, alimony pendente lite, equitable distribution
of all marital property, counsel fees and costs of litigation.
2. SEPARATION
It shall be lawful for each party at all times
hereafter to live separate and apart from each other in such
place or places as he or she may from time to time choose.
3. INTERFERENCE
Each party shall be free from interference, authority
and control, direct or indirect, by the other as fully as if he
or she were single and unmarried. Neither shall molest the other
or their respective families, or compel or endeavor to compel the
other to cohabitate or dwell with him or her, or to in any way
harass or malign the other or their respective families.
4. WAIVER OF CLAIMS AGAINST ESTATES
Except as otherwise provided herein, Husband relin-
quishes his inchoate intestate right and his right to act as a
personal representative in the estate of Wife, and Wife relin-
quishes her inchoate intestate right and her right to act as a
personal representative in the estate of Husband. Each of the
parties hereto by their presents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
release, quit-claim and forever discharge the other party hereto,
4
his or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or nature,
for or because of any matter or thing omitted or suffered to be
done by said other party prior to and including the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affect
any cause of action in absolute divorce which either party may
have against each other.
5. MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly, various
marital assets and real property, liabilities, debts, including
the following items:
A. Assets
(i) Real property located at 4750 Creekview Road,
Mechanicsburg, Pennsylvania (marital residence)
with an agreed upon value of $98,000.00; and
(ii) Harnden Township Police Pension Plan with a value
of $148,590; and
(iii) Pennsylvania Blue Shield Retirement Plan with an
agreed upon value of $10,000.00; and
5
(iv) 1989 Pontiac Firebird with an agreed upon value of
$2,000.00; and
(v) 1995 Chevrolet Cavalier, or proceeds thereof, with
an agreed upon value of $600.00; and
(vi) Miscellaneous personal property, including guns,
furniture, personal items, jewelry, increase in
value of non-marital property, sporting goods and
equipment, coins and cash with an agreed upon
value of $2,4850.00; and
B. DEBTS
(i) First Union Line of Credit; and
(ii) AT&T Universal Card; and
(iii) Lowes credit card debt; and
(iv) Montgomery Ward credit card debt; and
(v) Sears & Roebuck credit card debt;
(vi) PNC BANK loan; and
(vii) BELCO loan.
Husband and Wife acknowledge that they are aware of
their respective rights pursuant to the Divorce Code of 1980, as
amended, to obtain formal valuations or appraisals of the marital
residence, and other items of marital property. The parties
hereby waive any necessity for completing or attaching any
financial disclosure(s). Each party further acknowledges the
6
opportunity to attach a full and complete financial disclosure
and that such disclosure is not desired to effectuate a fair and
equitable resolution of their marital rights, duties and obliga-
tions as provided in the Divorce Code of 1980, as amended.
6. PERSONAL PROPERTY
The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances and other household personal property
between them, and they mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her posses-
sion, whether said property is heretofore owned jointly or
individually by the parties hereto, and this Agreement shall have
the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual posses-
sions of each of the parties hereto,
7. REAL ESTATE
Simultaneously with the signing of this Agreement,
Husband agrees to transfer his right, title and interest in and
to the parcel of jointly-owned real estate with improvements
thereon situate at 4750 Creek View Road, Mechanicsburg (Hampden
Township) Pennsylvania, as more specifically described in the
deed attached hereto as Exhibit "A", to Wife, and to sign all
7
documents necessary to effect said transfer of the title to the
real estate to her name individually. Husband and Wife ac-
knowledge that no other encumbrances, liens, judgments or other
liabilities are presently recorded against the real estate and
improvements set forth in Exhibit "A", other than those described
above. Wife further shall indemnify Husband on account of any
obligation he may have to her concerning the ownership of the
real estate including, but not being limited to, municipal liens,
real estate taxes, sewer and water assessments, fire and casualty
insurance, and utilities. Wife shall be entitled to any escrows
or other amounts refunded to the parties paid as a result of the
refinancing and Husband shall endorse any checks made payable to
both parties as a result of satisfaction of any mortgage or other
debt.
Wife further agrees to satisfy and save Husband harm-
less from any obligation which he may be liable for his respec-
tive share of any capital gains taxes which may be assessed
hereafter as the result of any future sale of the above-described
real estate.
8. MONTHLY PAYMENT
Due to the value of Husband's Hampden Township Police
Pension and the parties agreement that Husband shall maintain
such pension benefit in its entirety, Husband and Wife agree that
8
,..-
Husband shall pay Wife a monthly payment in order to effectuate a
equitable division of marital assets. Husband and Wife agree that
Husband's payment of an amount of $45,000.00 (without interest)
is necessary to achieve an equitable distribution of marital
assets.
In order to achieve this result, Husband and Wife agree
that Husband shall pay wife a monthly payment of $375.00 as a
deferred property distribution due to his inability to obtain the
funds necessary to effectuate an immediate equitable distribution
of assets and liabilities. This monthly payment shall be inter-
preted as a distribution of property which is necessary to
effectuate an equitable distribution of assets and is intended to
offset the present value of Husband's police pension benefit
which exceeds the value of all other marital assets. The monthly
payment of $375.00 shall continue for a period of ten (10) years
and shall be evidenced by a judgment note which shall be executed
simultaneously herewith. The payment of $375.00 per month shall
be non-taxable payments to Wife and paid on or before the first
day of each month, commencing on February 1, 1997. Nothing
herein shall be construed to prevent Husband from making addi-
tional payments to the monthly amount of $375.00 per month in
order to prepay the amount of $45,000.00 in advance of the ten
(10) year period.
9
Husband shall execute a confession of judgment note on
the date of execution of this Agreement, which shall be held by
Wife's attorney in the event that Husband defaults under the
terms and conditions of payment set forth in this paragraph. In
the event Husband is in default of any payment herein, and
remains in default in excess of fourteen (14) days after written
notice to Husband's attorney of record, Wife's attorney shall
determine the amount due pursuant to the confession of judgement
note, record such judgment in the amount that remains unpaid by
Husband and execution shall immediately follow. A copy of this
note shall be attached hereto as Exhibit "B". Nothing herein
shall prevent Wife from seeking other remedies authorized by this
Agreement or allowed by law to enforce the terms of this Agree-
ment.
All financial obligations undertaken by Husband in this
paragraph shall be binding on his heirs,executors, administra-
tors, successors and assigns, and shall constitute a charge
against his estate, notwithstanding any other provision of this
Agreement. It is further acknowledged and agreed that these
payments shall not be discharged in bankruptcy and that they
shall be deemed a priority claim of his estate. In the event
Husband files for bankruptcy and his obligations hereunder are
discharged, nothing set forth in this Agreement shall prejudice
10
Wife from seeking modification of this Agreement in any court of
appropriate jurisdiction.
9. MOTOR VEHICLES
The parties hereto agree that Husband shall be entitled
to have the sole and exclusive control, benefit, use and title of
the 1989 Pontiac Firebird, or the proceeds thereof, and that he
shall further hold Wife harmless from and assume full respon-
sibility for any liability for the 1989 Pontiac Firebird, in-
cluding the insurance payments thereon. The parties hereto agree
that Wife shall be entitled to have sole and exclusive control,
benefit, use and title of the 1985 Chevrolet Cavalier, or the
proceeds thereof, and that she shall hold Husband harmless from
and assume full responsibility for any liability for the 1985
Chevrolet Cavalier.
The parties hereto agree that titles to the motor
vehicles shall be transferred within twenty (20) days from the
date of this Agreement to the party receiving the motor vehicle,
if applicable.
10. MISCELLANEOUS
(A) The parties hereto acknowledge and agree that any
and all savings and checking accounts, as well as certificates of
deposit and other investment accounts, oVlned by them jointly or
singly, have been divided to their mutual and individual sati-
11
,
sfaction.
(B) Neither party hereto shall make a claim upon the
other for accumulated pension, profit-sharing, retirement sup-
port, retirement benefits, insurance policies, IRA's, or any
retirement-related benefits, excepting only those benefits set
forth in the Agreement. Specifically, Husband waives any and all
interest in Wife's Pennsylvania Blue Shield Retirement Plan, and
Wife waives any and all interest in Husband's pension with the
Hampden Township Police Pension Plan.
(e) The parties hereto acknowledge and agree that any
and all life insurance policies owned by them jointly or singly
have been divided to their mutual and individual satisfaction.
Each party hereto acknowledges that they have in their sole
possession those policy or policies of life insurance which they
intend to keep and retain as their sole and exclusive property
and, further, each party shall have the right to designate the
beneficiaries of said policies. Husband shall continue to
maintain Wife as the beneficiary under his life insurance policy
provided through his Employer, Hampden Township, and shall
provide Wife with evidence that she is the named beneficiary on
an annual basis or provide her with authorization to obtain such
information directly from Hampden Township or any other provider
during the ten (10) year period.
12
(D) The division of existing marital property is not,
except as otherwise expressly provided herein, intended by the
parties to constitute in any way, a sale or exchange of assets
and the division is being affected without the introduction of
outside funds or other property not constituting a part of the
marital estate. As a part of an equitable division of the
marital properties and the marital settlement herein contained,
the parties hereto agree to save and hold each other harmless
from all income taxes assessed against the other resulting from
the division of the property as herein provided.
(E) Each party represents and warrants to the other
that he or she has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on which
the other party is or may be liable. A liability not disclosed
in this Agreement will be the sole responsibility of the party
who has incurred or may hereafter incur it, and such party agrees
to pay it as the same shall become due, and to indemnify and hold
the other party and his or her property harmless from any and all
such debts, obligations and liabilities.
(F) Each party represents and warrants to the other
that each shall file separate income tax returns for tax year
1996 and thereafter. Information maintained by one party which
is necessary to complete any subsequent income tax return by the
13
other party shall not be unreasonably withheld upon the request
of either party.
(G) The parties hereto agree that any and all obliga-
tions incurred subsequent to the date of separation, said date
being August 1, 1994, (excluding debts set forth in this Agree-
ment) shall be the sole and individual responsibility of the
party incurring the obligation. Husband represents and warrants
to Wife that from the signing of this Agreement and in the future
he will not contract or incur any debt or liability for which
Wife or her estate might be responsible and shall indemnify and
save harmless Wife from any and all claims or demands made
against her by reason of debts or obligations incurred by him.
Wife represents and warrants to Husband that from the signing of
this Agreement and in the future she will not contract or incur
any debt or liability for which Husband or his estate might be
responsible and shall indemnify and save harmless Husband from
any and all claims or demands made against him by reason of debts
or obligations incurred by her.
11. DEBTS OF HUSBAND AND WIFE
Husband and Wife acknowledge have incurred various
marital, (joint and separate) debts prior to separation. Pre-
sently, Husband and Wife remain indebted to the following persons
or entities in the following approximate amounts:
14
.
Name
Amount of Debt
A.
B.
C.
D.
E.
F.
G.
AT&T Universal Card
Montgomery Ward
Sears & Roebuck
Lowes
PNC BANK (loan)
BELCO loan
First Union (credit line)
$705.87
$595.92
$428.49
$333.72
$739.66
$393.00
$24,601.19
Wife hereby agrees that she shall assume and satisfy
the above-referenced debts through refinancing or any other
method of payment within ninety (90) days from the date of this
Agreement or within a reasonable period of time thereafter.
12. ALIMONY, SUPPORT AND MAINTENANCE
Husband shall pay Wife, as alimony, the sum of one
hundred dollars ($100.00) per month, beginning on February 1,
1997 for 120 consecutive months, payable on the first day of each
month. The alimony amount of $100.00 per month shall be non-
modifiable, excepting only a substantial change in circumstances
directly related to a physical or mental disability, medical
condition or the health of either party, which limits or impairs
the ability of either party to work. Upon conclusion of the
120th month, the amount of alimony shall increase to the amount
of $250.00 per month. Nothing in this Agreement shall prevent
either party from petitioning for modification of such amount for
any reason after the one hundred twenty (120) month period.
In the event Husband fails to make an alimony payment
15
prior to the first (1st) day of each month, this Agreement shall
be submitted to the Domestic Relations Office of Cumberland
County for enforcement purposes. In such event, each party
agrees to execute any documents as are required by the Domestic
Relations Office to effectuate the terms of this Agreement.
Husband shall assume all costs associated with his obligation to
pay Wife alimony pursuant to the terms of this Agreement.
Alimony awarded pursuant to this paragraph shall cease
upon either Husband or Wife's death, Wife's remarriage or wife's
cohabitation. The alimony payments awarded pursuant to this
paragraph shall be taxable to Wife's income and deducted from
Husband's income in accordance with all tax laws and Internal
Revenue Service Rules and Regulations.
In the event that Husband becomes a debtor in any
bankruptcy proceeding or financial reorganization of any kind,
which proceeding results in the discharge of any obligations due
to Wife under paragraph 8, or which result in any transfers or
payments to wife pursuant to paragraph being set aside as prefer-
ential transfers, then Husband specifically agrees that not-
withstanding any of the other waivers or limitations with respect
to alimony set forth in this Agreement, or which exist under
applicable law, Wife shall be permitted to petition for alimony
under the law of the Commonwealth of Pennsylvania in effect at
16
the time of execution of this Agreement. Husband specifically
waives the right to assert any defenses to the alimony claims
except those set forth in 9501(b) of the Divorce Code of 1980, as
amended, 23 P.S. 93701 (b) and (e) or any future amendments.
When considering the factors set forth under in Section 501 (23
Pa.C.S.A. s3701), the court shall consider those factors as of
the time of the application, except that in addition the court
shall also consider that certain obligations which would other-
wise have been paid to wife have been discharged. It is the
specific intent of the parties that, as nearly as possible, Wife
shall receive according to the provision of this paragraph the
full amount of the property that she would have received had the
debts not been discharged.
13. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party
waives his or her right to alimony and further distribution of
property inasmuch as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property
in accordance with the Divorce Code, as amended. Subject to the
provisions of this Agreement, each party has released and dis-
charged and by this Agreement does for himself or herself, and
his or her heirs, legal representatives, executors,
administrators and assigns, release and discharge the other of
17
and from all causes of action, claims, rights or demands what-
soever in law or equity, which either of the parties ever had or
now has against the other, except any or all cause or causes of
action for divorce or except in any or all causes of action for
breach of any provisions of this Agreement. Each party also
waives their right to request marital counseling pursuant to
Section 3302 of the Divorce Code.
14. SUBSEOUENT DIVORCE
A decree in divorce entered by a court of competent
jurisdiction to either party shall not suspend, supersede or
affect the terms of this Agreement. Both parties agree, if
requested, to enter a Consent Order or Orders concerning the
provisions of this Agreement in the Court of Common Pleas of
Cumberland county, Pennsylvania, or any other Court of competent
juriSdiction, as a part of a resolution of any divorce action
filed or to be filed. This Agreement, and the terms and
conditions contained herein, as well as the enforcement of said
terms and conditions, shall be contingent upon the granting of a
Divorce Decree to either party by the Court of Common Pleas of
Cumberland county, Pennsylvania, or any other Court of competent
jurisdiction. Furthermore, both parties hereto agree, if re-
quested, to execute the appropriate affidavits of consent and
waiver of formal notice forms to secure a No-fault Divorce as may
1B
,
be required by the Divorce Code, as amended. Such forms shall be
signed by both parties upon transfer of the real estate and
exchange of funds as set forth in Paragraphs 7 and 8 above. Both
parties hereto agree that this Agreement may be incorporated into
a separate Court Order but shall not merge in such order.
15. 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.
Husband and Wife acknowledge and agree that the provisions of
this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and
satisfactory to them based on the length of their marriage and
other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provisions of
this Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by
any court of competent jurisdiction pursuant to Section 3502 of
the Divorce Code or any amendments thereto. Husband and Wife
each voluntarily and intelligently waive and relinquish any right
to seek a court ordered determination and distribution of marital
19
property, but nothing herein contained shall constitute a waiver
by either party of any rights to seek the relief of any court for
the purpose of enforcing the provisions of this Agreement.
16. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is fair
and equitable, that it is being entered into voluntarily, with
full knowledge of the assets of both parties, and that it is not
the result of any duress or undue influence. The parties
acknowledge that they have been furnished with all information
relating to the financial affairs of the other which has been
requested by each of them or by their respective counsel.
17. ADDITIONAL INSTRUMENTS
Husband and Wife 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 terms of this Agreement,
18. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance of any of the
20
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature. The
waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or construed as a waiver of
any other term, condition, clause or provision of this Agreement.
19. BREACH
If either party hereto breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for such breach, or seek other remedies or
relief as may be available to him or her. Both parties agree and
are aware that non-compliance with any provision of this Agree-
ment permits either party to pursue appropriate legal remedies,
including sanctions as set forth in 23 Fa. C.S.A. 93105.
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys' fees, costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable for, in any way whatsoever, or
shall pay upon, or in consequence of, any default or breach by
the other of any of the terms or provisions of this Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
against the other at law or equity or both or in any way what-
soever, provided that the party who seeks to recover such
21
attorneys' fees, costs and legal expenses and expenses must first
be successful in whole or in part, before there would be any
liability for attorneys' fees, costs, legal expenses and
expenses. It is the specific agreement and intent of the parties
that a breaching or wrongdoing party shall bear the burden and
obligation of any and all costs and expenses and counsel fees
incurred by the other party in endeavoring to protect and enforce
his or her rights under this Agreement.
All remedies provided by law and all remedies provided
for in this Agreement for enforcement of the Agreement shall be
deemed to be cumulative and the exercise of one remedy shall not
bar or prevent the pursuit of any other remedy and either party
may elect to pursue such remedies simultaneously and the exercise
of a remedy one or more times shall not exhaust its use or
prevent further pursuit of such remedy.
20. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for
convenience only. They shall not have any effect whatsoever in
determining the rights or obligations of the parties.
21. INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between
the parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
22
.
22. APPLICABLE LAW
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania. For purposes of contract inter-
pretation and for purposes of resolving any ambiguity herein, the
parties agree that this Agreement was prepared jointly by their
respective attorneys.
23. VOID CLAUSES
If any term, conditions, clause or provision of this
Agreement shall be determined or declared to be void or invalid
in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full
force, effect and operation.
24. BINDING AGREEMENT
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
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COMMONWEALTH OF PENNSYLVANIA
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On this, the ;(7 day of cY;" "'! , 1997,
before me, the undersigned officer, personally appeared David F.
Heckard, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and ack-
nowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
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COMMONWEALTH OF PENNSYLVANIA
55.
COUNTY OF CUMBERLAND
On this, the ~ day ot'+/d:-",,:>,c'F 1997
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before me, the undersigned officer, personally appeared Rosemary
Heckard, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and
acknowledged that she executed the same tor the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
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THIS DEED,
MADE THE
7th day of January in the year one thousand nine
hundred ninety-seven (1997)
BETWEEN
DAVID F. HECKARD and ROSEMARY HECKARD, husband and
wife, 'of Mechanicsburg, Cumberland County,
Pennsylvania,
Grantors
and
ROSEMARY HECKARD, of Mechanicsburg, Cumberland
county, Pennsylvania,
Grantee:
W7T1\TESSETll, that in consideration of One and NO/lOa Dollars
($1,00), in hand paid, the receipt whereof is hereby
acknowledged, the said Grantors do hereby grant and convey to the
said Grantee, her heirs and assigns, as follows:
ALL THAT CERTAIN piece or parcel of land situate in the Township
of Hampden, Cumberland county, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a monument on the north side of Creekview Road at
lands now or formerly of Township of Hampden; thence along the
north side of Creekview Road, South 65 degrees 58 minutes 28
seconds West, a distance of 90 feet to a point on the same at
line of other remaining lands now or formerly of Charles M. and
Thelma G. Kemberling of which the lands herein described were a
part; thence along said other remaining lands now or formerly of
Charles M. and Thelma G. Kemberling, the following two (2)
courses and distances: (1) North 24 degrees 16 minutes 26 seconds
West, a distance of 133.34 feet to a point; and (2) North 65
degrees 43 minutes 34 seconds East, a distance of 90 feet to a
point at line of lands now or formerly of Township of Hampden;
thence along said lands of Township of Hampden, South 24 degrees
16 minutes 26 seconds East, a distance of 133.73 feet to a
monument on the north side of Creekview Road, the place of
BEGINNING.
BEING Lot No. 2 as shown on that certain subdivision plan of lots
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made for Charles M. Kemberling and Thelma G. Kemberling and
recorded in the Cumberland County Recorder of Deeds Office in
Plan Book 34, Page 104.
HAVING ERECTED THEREON a dwelling house being known and numbered
as 4750 Creekview Road, Mechanicsburg, Pennsylvania.
BEING the same premises which Charles M. Kemberling and Thelma G.
Kemberling by deed dated March 5, 1985 and recorded on March 8,
1985 in the Cumberland County Recorder of Deeds Office in Deed
Book "0", Volume 31, Page 442, granted and conveyed unto David F.
Heckard and Rosemary Heckard, the Grantors herein.
AJ{Dthe said Grantors hereby covenant and agree that they will
warrant specially the property hereby conveyed.
THIS IS A CONVEYANCE FROM HUSBAND AND WIFE TO WIFE ONLY AND IS,
THEREFORE, EXEMPT FROM THE PAYMENT OF REALTY TRANSFER TAXES.
[J{ WTTJ{ESS ~~O;: said Grantors have hereunto set their hands
and seals the day and year first above written.
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COMMONWEALTH OF PENNSYLVANIA
55.
COUNTY OF CL~BERLAND
On this, the 7th day of January, 1997, before me, the under-
signed officer, personally appeared David F. Heckard and Rosemary
Heckard, known to me (or satisfactorily proven) to be the persons
whose names were subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
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I do hereby certify that the precise residence and complete
post office address of the within named grantee is 4750 Creekview
Road, Mechanicsburg, Pennsylvania 17055.
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January 7, 1997
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
RECORDED on this day of ,
, in the Recorder's Office of the said County, in Deed
, Page
Given under my hand and the seal of the said office, the
date above written.
19
Book
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JUDGMENT NOTE
FOR VALUE RECEIVED, I, David F. Heckard, of
JanuarY~ ' 1997
Hampden Township,
$45,000.00
Cumberland County, promise to pay to the order of Rosemary Heckard, of
4750 Creekview Road, pennsylvania, the sum of Forty-five thousand and
00/100 Dollars ($45,000.00), without offset, at an amount of $375.00
per month until fully paid.
AND FURTHER, I do hereby authorize and empower any attorney or the
Prothonotary of Cumberland county, Pennsylvania, or any Court of Record
of Pennsylvania or elsewhere to appear for and enter Judgment against
me at any time before or after maturity for the above sum, with or
without declaration, with costs of suit, release of errors, without
stay of execution, and with ten (10)% added for collection fees; and I
hereby agree not to make any motion or any application whatsoever to
any Court for an inquisition on any real estate that may be levied upon
to collect the aforesaid sum, and I voluntarily condemn same, and
authorize the Prothonotary or any Court of Record to enter said vol un-
tary condemnation upon the writ of Execution and I further agree that
any property, real, personal or mixed may be sold through a Writ of
Execution and further hereby waive and release all relief from any and
all appraisements, stay or exemption laws of any State now in force or
which are passed hereafter.
WITNESS my hand and seal the day and year first above
written.
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DAVID HECKARD,
PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
ROSEMARY HECKARD
RESPONDENT
95.3386 CIVIL
ORDER OF COURT
AND NOW, this 3rd day of March, 2006, upon consideration of the
foregoing petition, IT IS HEREBY ORDERED that:
(1) A rule is issued upon the Respondent to show cause why the relief requested
by the Petitioner should not be granted;
(2) The respondent shall file an answer to the petition within 20 days of service;
(3) The petition shall be decided under Pa,R.C,P, No, 206,7;
(4) An evidentiary hearing on disputed issues of material fact shall be held on
the 12th day of April, 2006, at 1 :30 p,m, in Courtroom No, 5 of the Cumberland County
Courthouse,
By the Court,
M~b::: J'~J~
p, Richard Wagner, Esquire
Attorney for Petitioner
Andrew Sheely, Esquire
Attorney for Respondent
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Andrew c. Sheely, Esquire
127 S. Market street
P.O. Box 95
;-:echanicsburg, FA 17055
FA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
ROSEMARY HECKARD,
plaintiff,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-3386
DAVID F. HECKARD,
Defendant,
petitioner
CIVIL ACTION - LAW
RESPONDENT'S ANSWER TO PETITION SEEKING MODIFICATION
TO ALIMONY PROVISION OF PROPERTY SETTLEMENT AGREEMENT
Rosemary Heckard, Respondent, by and through counsel of
Andrew C. Sheely, Esquire, hereby files this Answer to the
petition filed by David F. Heckard, Petitioner, and respectfully
states as follows:
1. Admitted upon information and belief.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted with clarification. The initial one hundred
twenty (120) month period expires as of January, 2007.
6. Admitted upon information and belief.
7. Admitted in Part/Denied in Part. It is admitted that
petitioner voluntarily retired from the Hampden Township Police
Department. Respondent is without sufficient information to form
an opinion as to the allegations concerning Petitioner's health
condition and whether such health condition impacts his physical
abilities to be gainfully employed, and therefore the remaining
allegations contained in paragraph 7 of the petition are denied
with proof thereof demanded at a hearing.
8. Denied. To the contrary, the terms of the January 7, 1997
Marital Property and Settlement Agreement should be enforced by
the Court as an Agreement between the parties incorporated within
the terms of the Divorce Decree. By way of further Answer, the
allegations contained in paragraph 8 are conclusions of law to
which no response is deemed necessary. To the extent an answer is
required, the allegations are denied and proof thereof demanded at
hearing.
9. Admitted with clarification. petitioner has periodically
employed other counsel who sent correspondence to Respondent's
counsel requesting relief from all alimony provisions of the
January 7, 1997 Marital Property and Settlement Agreement.
WHEREFORE, Respondent, Rosemary Heckard, respectfully
requests that this Honorable Court deny the requested relief and
dismiss the underlying petition, or in the alternative, schedule a
hearing at the conclusion of the one-hundred twenty (120) month
period to address the underlying issues concerning Petitioner's
health as raised in the Petition in accordance with the terms and
conditions of the 1997 Marital Property and Settlement Agreement.
~
Date: March I J , 2006
Respectfully submitted,
/frJ~C g~
Andrew C. Sheely, Esquire
Attorney for Respondent
PA ID No. 62469
P.O. Box 95
127 s. Market Street
Mechanicsburg, PA 17055
717-697-7050
2
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
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Date: MARCH~, 2006
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Rosemary Hec
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CERTIFICATE OF SERVICE
I, Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the foregoing Answer to Petition for Modification of
Alimony Agreement upon the following named individual this day by
depositing same in the United States Mail, First Class, postage
prepaid, at Mechanicsburg, Pennsylvania, addressed as follows:
p, Richard Wagner, Esquire
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
Date: March II , 2006
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DAVID HECKARD,
PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
ROSEMARY HECKARD
RESPONDENT
95.3386 CIVIL
ORDER OF COURT
AND NOW, this 5th day of April, 2006, upon consideration of the Petitioner's
Motion for Modification and Respondent's answer thereto; and noting that Petitioner only
requests modification of the alimony to be paid after January 7, 2007, and that the
critical issue to the request for modification will be a determination of the Petitioner's
health, physical ability and ability to be gainfully employed at that time, IT IS HEREBY
ORDERED AND DIRECTED that the hearing currently scheduled for April 12, 2006 at
1 :30 p,m, is hereby continued until December 1, 2006 at 10:00 a,m, In the interim, the
Petitioner is directed to continue to pay the $100,00 per month alimony to the
Respondent.
By the Court,
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M, L. Ebert, Jr.,
./Richard Wagner, Esquire
Attorney for the Petitioner
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,Mdrew C. Sheely, Esquire \
Attorney for the Respondent ~
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