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HomeMy WebLinkAbout96-05404 ,/ , " ,I , " II i'.' I , " ,', I , " , r: , " , " , , , " , , , " IIII' 11-, " 'II " " I; li ,'II ;1. ,J; " "-, " Ii " .:1 " , " :J , , , 'I, , , !I , j'l , " " , " " , ,I , , , ,I ,] I , " , (,q J:/l " , 1;-' " " 'I I, , r~ " , ,!l , , /,1 Ii ,I " I "i I , " , , I , " , " , t; " , , ~ ()o, I' , , ~ " 1; II I " 'j; ., , pi ,I , , " 'I' , , , , 'I " I , , /II ", I It, , ill,i , \1/ II I} " II ., 1,,- I -:1 'i " it, I 'I " Ill, , , , , I,'; , " <I II) 'II jl Ii h. " Jll'--1 i It , '''I, 'I I, J I I I!I , , ,d I " I/n ):1 I I'll 1 " I,' ;! " '-,if , " ' Ii " 1;1 " :;1 ! i " , I I " " , " '; " " II ',I, !) ':I " , ,:j " , , I , , , " 'I '-.-' j I I I " " , ,I , , " , I, "I " ., " , " " I I, _~~~~___._~.______..t._~__.___' ~: ' , , , ",' '''' ' .' "".,. .' ","""'" "" , . . . , . ."" , .,. ' ",,". ", " . ~, 8 :: IN THE COURT OF COMMON PLEAS : ' I ~: OF CUMBERLAND COUN'TY * ~ ~ ~ ~ * *, STATE OF I_,:::>, ,;I,l PENNA. * ~ * ~ TINA L, BEAM * tiI 96-5404 96 * * l" II,,,, II) * ~ \"'1"'10 8 tiI ANTHONY G, BEAM * tiI * tiI ~ ~ ~ * :1 DEe R EEl N * till 0 I V 0 R eEl: ~ AND NOW, ,\V~, ''1", , 9 q"7, , It lIS ordered and :1* ~ TINA L, BEAM I ~ tiI decreed that""""",,,,,,,, ,,,,,,,,,,,,,,.,,,,,,,,,.,,,,,,,,,,',,,,,,,,,,,,,,, plalnllff. '* * and""""""""" ,AN:rHqNY.G, BEAM"."""",,, """'" defendant, I~ * are divorced from the bond~ of motrlmony, * * ~ tiI The court ratalM II/rlsdlctlon of the following claims which have 1$ tiI been raised of record in this octlon for which a final order has not yet : tiI tiI been entered; NONE, The attached agreement between the ; ~ ~, . " " , " , ., ,,,,,,,,,,,,,,. ~a;:~e:ddl~~dlt1~Sa~I~~;c~9~:~~a~~,orpo,rBt~~ ,~~t, ~?~, , , , , . ! ~ ~ ~:~ tiI '''''''''''''''''')'''''''''''''''''''' :~ ~ ";/:~ : I1v T~~ -1 :~ ^tI~,11 '"",' , <",,,'/ 1 .,1/ -r J, ~ ~ ~,.. .'Jr. 11'/'11,., C {{...t.( -'~~", 1. 'i'fA(')"',''''~7' ~ ~ r:/;;mi. .r .-.~k. '{k~ ',' oil j 'T;" Prnlholllllol'Y '~ l! :,~ ~ ""..., "'" . ' ~ .~-~~~-~.~.*.*..~.~~,~.~.*.*.~,~,.~.*,~..~,.~*~..~..~..~.* CUSTODY AND MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, MADE THIS THE J'J2 DAY OF _!~ a ~/__, 1997, BY AND BETweEN: TINA L, BEAM, 01 MECHANICSBURG, Cumberland County, Pennsylvania, hArelnaller callod the "WIFE", AND G- ANTHONY'/ BEAM, or MECHANICSBURG, Cumberland County, Pennsylvania, herelnalter called, the "HUSBAND" WITNESSETH: WHEREAS, HUSBAND and WIFE, were lawlully married on the 5th day 01 JUly 19B6; and WHEREAS, HUSBAND and WIFE, have one child born to them, Ryan A. Beam, born December 17th, 1969; and, WHEREAS, dlllerences have arisen between HUSBAND and WIFE in consequence 01 which they are living separate and apart Irom each other; and, WHEREAS, HUSBAND and WIFE have made lull disclosure 01 their liS sets to each other; and WHEREAS, HUSBAND and WIFE desire to sellle and determine their rights, obligations and custody Issues with respect to each other, and their child, Including the disposition 01 property rights and Interests between them; end NOW, THEREFORE, the parties Intending to be legally bound hereby do covenant and agree: FIRST: SEPARATION: It shall be IBwlul lor each party at all times herealler to continue to live separate and apart Irom the other party at such place or places all he or she may Irom time to time choose or deem lit. The loregolng provision shall not be taken as an admission on the part 01 either party 01 the lawlulness or unlawlulness 01 the causes leading to their living apart. SECOND: Jl'IIEBEfBfN.cE-: Each palty shall be Iree Irom Interference authority, and contact by the other, as lull as II he or she ware single or unmarried except as may be na,;essnry to curry outlhe provisions 01 this Agreement Neither party sholl molostthu other or attempt 10 andeavor to molest the other, nor compel the other to cohabit with 1I1Cl olhor, or In an way harass or malign the olher, nor in allY way Interfere with peacelul existence. separale and apart from the olller THIRD: _WJ.EE'_~Qf6IS~ Wile represents and warranls to har husband that since their separation, she has not, and in the luture she will not, contract or Incur any debt or liability lor which her husband or his estate shall be responsible. And she agrees to hold her husband harmless and Indemnify her husband from any and all claims or demands made against him by reason 01 debts and obllgatlolls Incurred by the wile since their separallon, All lurther debts incurred by 11113 wile from and after the date 01 the signing 01 this document, shall also be the wile's Individual responsibility, FOURTH:.I:illS.6Mill:.S--D.J;;J3IQ- Husband represents and warrants to his wife that since their separation, he has not, and In the luture he will not, contract or Incur any debt or liability lor which the wife or her estate shall be responsible, And he agrees to hold his wlfa harmless and Indemnify his wife Irom any and all claims or demands made against her by reason 01 debts and obllgallons Incurred by the husband slnco their separation. Alllurther debts Incurred by the husband Irom and after the date 0111113 signing 01 this document, shall also be the husband's Individual responsibility, FIFTH:~RITAL DEBTS- Since the time 01 their separallon, the parties have agreed to be responsible lor the lollowlng joint debts and obligations, as lollows: CREDITOR BALANCE RESPONSIB.1..~ I.Q.8NEQB CORESTATES approx, $26,600 HUSBAND mortgage CORESTATES approx, $4,700 HUSBAND auto CORESTATES approx$5,000 WIFE line 01 credit MELLON VISA approx, $4,000 WIFE personal loan DAUPHIN DEPOSIT approx. $13,000 WIFE car lease/purchase GETTY MC approx, $1. 000 HUSBAND gasollne/mlsc, FARMERS TRUST MC approx, $300 HUSBAND mise, FAFIMERS TRUST VISA approx, $300 HUSBAND mise, SEARS approx, $-0- MONTGOMERY WARD approx. $-0- HUSBAND WIFE The parties Intend to apply the net proceeds or the sale or their home to payoff all or the debt listed above In the event the net proceeds e~ceed the balance of the payments, the excess shall be payable to tho husband In tile event the proceeds do not cover all the alorementloned debt, the parties shall decide how tho proceeds are to be expended and who Is left with wlllch deut or portion thereot. Parties further acknowledge that husband owes PHEEA approx. $30,000 for his colloge loans, which wile haG co signed Husband agrees to Indemnlly and hold Wile harmless II she would ever be required to pay all or part 01 sold Joint debt (Including tho PHEAA loon) In violation of the husband's promise to do be Individually responsible, BS per this paragraph Wile agrees to Indemnlly and hold husband harmless If he were ever required to pay all or part 01 said joint debt In violet Ion 01 wile's promlso to do be Individually responsible, as per this paragraph. SIXTH: ..oM6JQ1.iQEf.fB,S.OOAl...EROPERTY. The parties hereto agree that all of their marital property, Including but not limited to. rurnlture, appliances and other household goods, have been divided 10 their mutual satisfaction Wife has the right to store her personal belongings at the marital residence until the house Is sold and translerred to the new buyer(:>), SEVENTH: 8.UTOMOBIL\;.l'.L The husband owns a 1988 Toyota truck and a 1987 Nlssan 300'J>< both 01 which are titled In his name. The Nlssan Is encumbered with a loan 01 approx. $4,600.00 and monthly payments 01 approx, $230, Wile drives a 1995 Olds Cutlass leBsed In both names lor which wile agrees to be responsible lor the lease 01 $303 8 month, Each agrees to be responsible lor the cost 01 all Insurance and repairs to their respective vehicles. Husband agrees not to Interfere with wile's priVilege to be the sole operator 01 the Olds, even though jointly leased, Husband agrees to allow wile to have the Olds titled In 11er name alone when the $13,000 balance Is paid all from the proceeds of the sale 01 the home, as provided above, EIGHTH: Q!:jILD CUSTODY AND SUPPORT - Husband shall pay wile $150,00 per month In child support alter the house Is sold and settles, Parties agree wife Is entitled to claim Ryan as her dependent lor purposes olllllng Federal Income tax returns In the future, and agree to divide the cost of summer child care equally. The parties agroe 10 Bhnro jOint 10(jnl custody 01 l'lyan. The wile shall haV8 primary physlcol custody and Ihll hutlbnnd sholl bo entllled to liberal temporary custody and visitation os mutually agreed upon, In Iho bastll1lerests 01 Ryan. Joint legal custody m013n511111t both pllltle5hoV8 oqual rights In deollllons affeotlng Ryan AS Ihay 101111,6 to his a, medlcnl wolfare, b. roliglou5trnlnltlo and alflllatlons; ond c educallonal opportunllle5 Both portlas sholl be entitled to 011 medical and aducatlonallnlormatlon and reports and shall bo entitled to be present at any and all educational and/or medical conferences/consultations. NINTH- BfIIBfMENHI];f'jEJ:JHL: Wllo 1105 an IRA worth approximately $4,300,00 to which husband wolves his Interest Husband has no IF1A's Neither party currently has any vetltad mtlrement accOlmts with their respective employers, TENTH: f1EhJ..PBQ.PJ;BI.Y-= The parties Bre owners 01 the premises known as 185 Ridge HIli Road, Sliver Spring Township, Cumborland County, Pennsylvania, which the parties have agreed to sell and to apply the net proceeds 8S per paragraph IIIth. ELEVENTH:.MlliQAbmfi!.1BM.Q.J;-=. Wile tloS medical and dental coverage through her employer, Harris Savings B~nl<, lor herself and lor Ryan,at a cost of approx. $60,00 per month. Husband has his own coverage through his employer, but Ryan Is not covered through husband's carrier, Keystone HMO TWELFTH: fiJ.J.MONY, ALJM~EftlQJ;tITllJJ.E.J;OUNSf].. FEES, AND EXE.ft'j~ Both parties accept the provisions 01 this Agreement In lieu of and In full and final Bettlement and satisfaction of all dalms and demands that they may now or hereafter have against tho other, If any, for alimony, alimony pendente lite, counsel fees, or expenses, or fot any other provisions for spousal support and main- tenance before, during and after the commencement of any proceedings for the divorce between the parties. Husband acknowledges that has wife has flied a 90- day No-Fault Divorce (Cumberland County Docket No. 96-5404), Husband agrees upon the expiration of the 90.day period of time following service of the Complaint, (which occurred on October 9, 1996) to execute the required Affidavit of Consent form agreeing to the divorce, , ., "'. THIRTEENTH I fl.B.EP&J:l: II either party breachell any provllllon 01 this Agree. ment, the other party Ilhall have the right at hili or her election, to lIue lor damages, lor such a breach, Bnd the party breaching thl8 contract IIhell be r19sponlllble lor paymel,t 01 legal leell and costs Incurred by the oth/jr In enlorclng thaiI' rights under this Agreement. or seek such other remedies or relief as may be available to him or her FOURTEENTH: MQOJfJCAIJQJ'Ll\ND_WAIY.EB: fhe modlllcation and waiver 01 any 01 the provisions 01 thle Agreement shull be effective only If made In writing and executed with the same formality as the Agreement. The failure 01 ellher party to Inlllllt upon strict performance 01 any 01 the prOVISions 01 this Agreement shall not be conlltrued all a waiver of any subsequent default of the some or similar nature, FIFTEENTH. D~.cBJPJJY.EJ:jfAQJ.lli2.S' The dllscrlptlve headings uSlld herein are lor convenience only They shall have no eflect whatsoever In determining the rights or obligations ot the parties hereto SIXTEENTH: JNQJ;P....ftj~L6fPABATE COVENANT. It Is speclllcally understood and agreed by and between the parties hereto that each paragraph hereol shall be deemed to be a separate and Independent covenant and agreement. SEVENTEENTH: VOID CLAUSEG-. If any term, condition, clause or provision ot this Agreement shall bo determined or declared to be void or Invalid In law or other. wise, then only that term, condition, clause or provision shall be stricken Irom this Agreement, and In all other respects this Agreement shall be valid and continue In lull lorce, effect and operation. EIGHTEENTH. ENTRY AS PART OF THE DECBf.E.: Wire has Initiated an action In divorce under Section 3301(c) of the Pennsylvania Divorce Code, (tor a no lault divorce) tiled In Cumberland County (Docket No. 5404 1996), It Is the Intention of the parties hereto that tile within Agreement shall survive the aforementioned action for divorce, and that no order, Judgment or decree, temporary, Interlocutory, final or permanent, shall affect or modlly the provisions ot this Agreement. This Agreement shall be made part ot any such Judgment or decree of Ilnal divorce, blJt shall not be merged therein NINETEENTH- jtOLUNTARY EXECUTION. Wile acknowledges that Donald 8, Owen, Esq., has acted as legal counsel on her behallln the preparation 01 this Custody and Marriage Settlement Agreement. Husband acknowledges that he has been aflorded the opportunity to hire his own legal counsel In connection with the negotiation and preparation of this Custody and Marriage Settlement Agreement, and he has chosen not to do so, , OOMMONWEALTH OF PENNSYLVANIA ) )11,: COUNTY OF OUMBERLAND ) ON, THIS, THE -'..!J.DAY OF ,__.._ll'\!~_.,____, 19.5..1., belor. me, a notary publlo, the undersigned ollloer, personally ajtpeared TINA L, BEAM, known to me (or sallslaotorlly proven) to bQ the person whose name Is subsorlbed to thl'l attaohed and loregolng Custody and Marriage Setllement Agreement, and aoknowledged that she executed the sell1e lor the purposl9s thGreln expressed, My Commission Expires: I I ;) ,)l, ,') ,''1) I IN WITNESS WHEREOF, I hereunto sat my hand and olllclal sell. _._1\\j,.~_9..l.)'~,\\:.is. ________ Notary Pu 110 NPh\IlI,,'~;ni- MlIllIIlIl1 F.lt.t;, NollH't Pllb~~ I.o~'r.r 1~IlJIr;I' ly,"l" ll.IUl.llltn County M~ C.lnU",b"QIl E~I',I"h Fub, aG, ~OOI _miler, rlnnl/lvnl"" ~lIu"nUon 01 NolAl1IIlI ............................................................~........................~....... COMMONWEALTH OF PENNSYLVANIA ) ) ss,; COUNTY OF CUMBERLAND ) ON, THIS, THE Ll......DAY OF_J}\~h,t__..________, 19~1l, before me, a notary public, the unaerslgned oHlcer, personally appeared ANTHONY G, BEAM, known to me (or satlslactorlly proven) to be the person whose name Is subscribed to the attaohed and loregolng Custody and Marriage Settlement Agreement, and aoknowledged that he executed the same lor the purposes therein expressed, IN WITNESS WHEREOF, I hereunto set my hand and OH~Clal ,-seal --\l\l..~.H_)._h.l...l-\._J~ _____ Notary Public My Commllsslon EXPires:; I .1 ,)t ,}Oo.:l) --,-,---,'., ....,._...,...-/ tJfl(,U111! ~~"tnl [ t,~IIJlllh 11. 1.\1'1;, tl"IM) Ilt,bllu I n^" 1~ll,I.;rl 1",I".l)jlll~'I1:n CCijrt. tl'( t;onunlt;f l;fl E'li.IUlll'IlIJ,2G, r M.i"lIiu'it,l',nOI/lvlIJilU A!IQ.I.1Uun 'I i" , " _Ii I "ir;"(~' I' j'II.... ..... 1/1" ' /"/'-',,, ' I,. , jX' 1 ,;\;V, " !I':;I :!f' ;1', I' 'I, , , "'!'~'I:' , t'I " ['. : ..t, "'iT 1/. ~ "I, " :J' t ~.l: " ~~ .. ,.. - '- ~;\,(, -J;~ '>1' ,- '1';)" I. ',J , Lt~! d - I r' ';,J 1'.;:.. q) ell i! . 04 ~ I' 'I I. " f . !1 Q: a ~ .... ..,.. ~ I I i.' i_t , j'-' _i'll ~ ~ ~ j it . t) I " " , " ~ r:t " ~ ~ ~ ji 'I '1, " "II , , '. I" I; " 'I , I' , t: '" I \ I " , I " I . " . , I' , j r!! 11 I'it " /.1 II ,I ,I " , i G1 It! ~ ;i~ ~ ,I . , '! .t " " " , " ;t ,iI .' " h' , " TINA L. BEAM. Plalntlf' VS, ANTHONY a, BEAM, Defendant : IN THE COURT OF COMMON PL.EAS : CUMBER, "1) COUNTY, PENNSYLVANIA : NO, CIVil TERM : CIVIL ACTION. LAW ('" ' .c;ll(l~i : IN DIVORCE QQM.e~JfjI.J.tYj)JY.Qr:tC.E ~Q.EB...6fCJlQtI~.J.O-L{Ql_QtUlltDJV.QBC.f..co.QE 1, The plalnt"f, Tina L. Beam 15 an adult Individual residing at 4172 Antelope Court, Hampden Township, Mechanlcsburg, Cumberland County, Pennsylvania 170gl3, since September, 1995 2, The defendant, 16 an adult Individual residing at 1 B5 Ridge Hili Road, Sliver Spring Township, Mechanlc6burg, Cumberland County, Pennsylvania, since May of 19B6, 3, The Plalnlllt and Derendantl1ave been bona fide residents ot the Commonwealth of Pannsylvanla '01' more th8n six (6) months Immediately previous to the filing of this Complaint. 4, The Plalnt"f an Defendant were married on 5th day of July 19B6 In New Kingston, Cumberland County, Pannsylvanla 5, There have been no prior actions of divorce or annulment In this or any other Jurisdiction between the parties 6, The Plalnt"f and Defendant are not In the Military or Naval Service, 7, The marriage 15 Irretrievably broken, 6, The Plaintiff respectfully requests the Court to enter a decree In diVorce, I verify that the statements made In this Complaint ore true and oorreot. I understand thet 'else statements herein are subleot to the penaltle. 0' 18 Pa., C.S.. s4904, relating to unsworn 'alslfloatlon to authOrltles'l I) 1p j. ~. f I DATE:_-!t;JJ ':1~_ --~>-~_ltlLL \-,~~L~~~Ut~=:- /__T~) BE~~t~ 9tlff(') ('"" ---:7,,_fJIL!_(__()._~~._J~:.-_:=,,_ ....OONALD B, OWEN, Esquire Attorney for the Plaintiff TINA L, BEAM. PlalntlH va RNTttDNY Ii, BERM, Defendant I IN THE coum OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. 96- 5404 CIVIL TERM 1996 : CIVIL ACTION. LAW : IN DIVOl1CE AEEJOAYJI.Qf-CQN6fNI 6ECJJON 3301Icl-QE.JJ::JfJJLYORCE CQ..Q.l; 1, A COMPLAINT IN DIVORCE under Section 3301 (c) of the Divorce Code duly endorsed with the Notlco to Defend and Claim Rights al1d Notice of Availability of Counseling end Plalntlll's Affidavit was tiled 0111110 1st day 01 October, 1996, and a Certified copy of thereof was mailed 10 tile Defendant via Certllled Mall/return receipt requested, Item # Z 402127742, was mailed on the 4tl1 of October, 1996, and lilgned ror by the Defendant on ttle 9th day of October 1996. A Plaintiff's Affidavit dated the 23rd day of September, 1996 was mulled along witl1the Certllled Divorce Complaint, and the Artldavlt of Counseling. 2, I have been advised 01 the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate In counseling, 3, I understand that tile Court maintains a list of marrlago counselors. 4, Being 50 advised, I doJJQt requestlll,~t the COllrt require that my spouse and I participate In Marriage Counseling prior 10 the Divorce Decree being handed down by the Court, 5, The marriage between my spouse and lis Irretrievably broken and we have been separated since October, 1996, 6, I consent to the entry 01 a final decree In divorce. 7, I understand that If a claim tor alimony, alimony pendente lite, marital property, or counsel tees or expenslls has not been flied with the Court before the entry of a final decree In divorce, the right to claim any of them will be lost. I verify that the statements made In this AffIdavit of Consent are true and oorreot. I understand that false statements herein are made lubleot to the penalties of 18 Po C.S, oeotlon 4904, relating to unsworn '.lllfloatlon to aUiOr'tlee. .1:'[ r.J.-~) ), OA T E: -- -....5ll~l g~'L. -- -- _ _ ._~J .LfJii T~ /___ lj_~__~ _ ___ TINA L, BEAM (P-l< INTlFF) " , , , I, II'i " !I I' ,I , , ,I i, " " " , , , " ... r.: I, I'; :1 " '. t!ii :,~ .. I' ~ ; II r, ~fj Ii (\,J II ttk~ -, ::11 ~ 'I /!) ~ ~ , 1;\ I I, I I, " '" I , , , , I :i TINA L, BEAM, Plaintiff vs ANTHONY G, BEAM, Defendant I IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO, 96- 5404 CIVIL TERM 1996 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENt SECTION 3301 (e) OF IJ:JE..QJY.QRCE CODE 1, A COMPLAINT IN DIVORCE under Section 3301 (c) of the Divorce Code duly endorsed with the Notice to Defend and Claim Rights and Notice of Availability of Counseling and Plalntllf's Affidavit was flied on the 1st day of October, 1996, and a Certified copy 01 thereof was mailed to the Defendant via Certified Mall/return receipt requested, Item II Z 402 12., "42, was mailed on the 4th of October, 1996, Bnd signed for by the Defendant on the 9th day of OClober 1996. A Plaintiff's Affidavit dated the 23rd day of Septe'llber, 1996 was mallod along wllh tile Certified Divorce Complaint, and the Affidavit of Counseling. 2, I have been advised 01 the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate In counseling, 3, I understand that tha Court maintains a list of marriage counselors, 4, Being so advised, I do.l1Qt request thatlhe Court require that my spouse and I participate In Marriage Counseling prior to the Divorce Decree being handed down by the Court, 5, The marriage between my spouse and lis Irretrievably broken and we have been separated since October, 1995, 6, I consent to the entry of a final decree In divorce. 7, I understand that If a claim for alimony, alimony pendente lite, marital property, . or counsel fees or expenses has not been filed with the Court before the entry of a final decree In divorce, the right to claim any of them will be losl I verify that the statements made In thIs Affidavit of Consent are true end correct. I understand that false IItatements herein sre mede IUbJeot to the penallles of 18 Po C,S, section 4904, relating 10 unlworn fllllrl08tlon to authorltlell, DATE:.___c::~~6L., ___ _____ ,/) (, /~;-' ~/ (<-/"'~~ --,--- .. __'/._ - __ _,,, ___n'. ....n _, .. 'n .....,._ __.____ NTHONY G, BEAM (DEFENDANT) , , II I \ " I , I I, I' 'I, ,,; I, il ii '6;' . ~ ~' ~l II i ~ '~11 .~J ~ \' i , " t;' '} tjlll' " ~; N ,rIll 'I - 'i " I ~ \~~ " , I Iii I I , , Ii ;~ 'i 'I 'b 'Q; ,,' ,I .r I I , , , " I, , , " II 'f , , , , I ,I , ) " , t t " 1 , I, , 'I. , i , II, ,I ) \ , I " ,I 'I, , II " , , , 'I " ~ - '-u. 'e>: ~' Ea I~ 1 ,1, IF ~- :"Jg , ~ , >111 ,:~, Ii I, N :,' " - d, , I " Ii '1.J ~ i.tI ;\ , '.' b S; a )il!' ;!;q " I 'JI,'::1", , ) " ~_:, If ( '" \\ :1 'Jjl , , , I ',,' 1.1(1 It ,. 1\' ql,lt,' ,';H(d'" il" " ':"i:',1 ",1"\ ,I':',:, ;1 'III 'Iq,l' ,I'll tq " I \I il 'I , I, " II' iI, " 1 '\ I I' 'P '. . defined os on arrongem'lnt whereby Iho parties are rllqulred 10 consult wllh oach olher regarding any and all Important decisions In Ihe child's lite, Including but not Ihnlted to medical decisions, religious decisions, ond educallonol decisions, Shared physical cuslody sholl be denned os an arrangement whereby the parties ore enlllled to frequent ond conllnulng contact wllh tholr child, The parties sholl share physical cuslody ot their minor child on an equal basis, wllh lhe child spending appro~lmately 150% ot his lime with each parent, B, Because the parties are shoring cuslody on a 50/150 basis, HUSBAND shall not be required to pay child support. each parly sholl be solely responsible for the cosls of daycare/baby-sllllng e~penses when the child 15 In their cuslody during both the school year And summer 1110nlhs, Furtharmore, the parties shall alternale yearu claiming the minor child os a dependent for Income tax purposes, In 1096 and all even numbered years lherealler, MOntER shall claim Ihe child as a dependent on hel' tax returns, In 1999 and all odd num'lered years tharealler, FATHER shall claim Ihe child 05 a dependent on his Income la~ retu ,liS, C, Paragraph 11 of the Agreement sholl be deleled and amended to prOVide as lollows: Wlte has medical and dantal coverage Ihrough her employer, Harris Savlnge Bank, for herselt and for Ryan, at a coet of approximately $60,00 per monlh, Effecllve no later Ihan July 1, 1999, HUSBAND shall also provide health and medical Insurance coverage for tile minor child, 5, The parties Intend that the above modlficallons 10 lhelr Agreement sholl also be Incorporated Into their Divorce Decree, ,,' .~~'},.-:11___ '....,4 , Wllnan Ct~ 6. ~_ Anthony Q, Beam ,J h, /&. Date /iJ,'iR:tJ J< I nes -- -J!fl!I.t!!Jllk-- .g/r1IPJqc, t1ate ' :110617 - .~ OUSTODY AND MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, MADE THIS THE _ DAY OF BY AND BETWEEN: ,1991, TINA L. BEAM, of MECHANICSBURG, Cumberland Oounty, Pennsylvania, herelnalter called the "WIFE", AND Q, ANTHONY ~ BEAM, of MECHANICSBURG, Cumberland Oounty, Pennsylvania, hereinafter called, the "HUSBAND" WIT N E S BET H: WHEREAS, HUSBAND and WIFE, were lawfully married on the 5th day of.!jJly 19S5; and WHEREAS, HUSBAND and WIFE, have one child born to them, Ryan A. Beam, born December 17th, 1989; and, WHEREAS, differences have arisen between HUSBAND and WIFE in consequence of which they are living separate and apart from each other; and, WHEREAS, HUSBAND and WIFE have made full disclosure of their assets to each other; and WHEREAS, HUSBAND and WIFE desire to settle and determine their rights, obligations and custody Issues with respect to each other, and thalr child, including the disposition of property rights and Interests between them; and NOW, THEREFORE, tha parties Intending to be legally bound hereby do covenant and agree: FIRST: ~EPARATION. It shall be lawful for eElch party at all times hereafter to continue to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem Ill. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. SIOONDI JmEAFERENCE. Each party shall be frea from Interference authority, and contact by the other, as full as II he or she Were single or unmarried el<cept a5 may be necessary to carry out the provisions of this Agreement. Neither party sholl molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in an way harass or malign the other, nor In any way Interfere with peaceful existence, separate and apart from the other. THIRD: ..wJfE'S DEBT.6-_ Wile represents and warrants to her husband that since their separation, she has not, and In the future she will not, contract or Incur any debt or liability for which her husband or his ostate shall be responsible. And she agrees to hold her husband harmless and Indemnify her husband from any and all olalms or demands made against him by reason 01 debts and obligations Incurred by the wile since their separation. All further debts Incurred by the wife Irom and after the date of the signing 01 this document, shall also be the wife's Individual responsibility, FOURTH:_HUSBAmrn~.m. HIJsbafld represents and warrants to his wife that since their separation, he has not, and In the future he will not, contract or incur any debt or liability lor which the wile or her estate shall be responsible. And he agrees to hold his wife harmless and Indemnify his wife from any and all claims or demands made against hor by reason of debts and obligations incurred by the husband since their separation. All further debts Incurred by the husband from and after the date 01 the signing 01 this document, shall alGo be the husband's Individual responsibility. flIFTH: MARITAL DEBTS- Since the time of their separation, the parties have agreed to be responsible for the following joint debts and obligations, as follows: CREDITOR BALANCE RESPONSIBLE ~OAN FOR CORESTATES approl<. $26,SOO HUSBAND mortgage CORESTATES approx. $4,700 HUSBAND auto CORESTATES approl<,$5,000 WIFE line of oredlt MELLON VISA approl<. $4,000 WIFE personal loan DAUPHIN DEPOSIT approl<. $13,000 WIFE oar lease/purohase GETTYMC approx. $1,000 HUSBAND gasoline/misc. FARMERS TRUST MC approx. $300 HUSBAND misc. FARMERS TRUST VISA approx, $300 HUSBAND misc. SEARS appro)!, $-0- MONTGOMERY WARD approl<, $-0- HUSBAND WIFE The parties Intend to apply the net proc8Q1ds of the sl1le of their home to pay oil all of the debt listed above. In the event the net proceeds exceed the balanco of the payments, the excess shall be payable to tile husband. In the event the proceeds do not cover all the aforementioned debt, the parties shall decide how the proceeds are to be expended and who Is left with which debt or portion thereof. Parties further acknowledge that husband owes PHEEA approx, $30,000 lor his college loans, which wire has co signed. Husband agrees to Indemnify and hold wile harmless If she would ever be requirad to pay all or part 01 said joint debt (Including the PHEAA loan) In violation 01 the husband's promise to do be Individually responsible, as per this paragraph. Wife agrees to Indemnify and hold husband harm leas II he were ever required to pay all or part of said Joint debt In violation of wile's prom lee to do be individually responsible. as per this paragraph. SIXTH: DIVISION OF PERSONAL PROPERTY: The parties hereto agree that all of their marital property, Including but not limited to: furniture, appliances and other household goods, have been divided to their mutual satisfaction. Wife has the right to store her personal belongings at the marital residence until the house Is sold and transferred to the new buyer(s). SEVENTH: AUTOMOBILES: The husband owns a 1988 Toyota truck ond 8 1987 Nlssan 300rtx both 01 which are titled In his name. The Nlssan Is encumbered with a loan of epprol<. $4,600.00 and monthly payments of approx. $230. Wife drives a 1995 Olds Cutlass leased In both names for which wife agrees to be responsible for the lease 01 $303 a month. Each agrees to be responsible for the cost 01 all Insurance and repairs to their respective vehicles. Husband agrees not to Interfere with wife's privilege to be the sole operator of the aids, even though Jointly leased. Husband agrees to allow wife to have the Olds titled In her name alone when the $13,000 balance is paid off from the proceeds or the sale of the home, as provided above. EIGHTH: CHILD CUSTODY AND SUPPORT.: Husband shall pay wife $150.00 per month In child support alter the house Is sold and settles. Parties agree wife is entitled to claim Ryan as her dependent for purposes ofllllng Federal Income tax returns In the future, and agree to divide the cost of summer child care equally. The psrtles agree to share joint legal oustody or Ryan, The wife shall have primary physical oustody and the husband shall be "ntltled to liberal temporary oUlBtody and visitation as mutually agreed upon, In the best interests of Ryan, Joint legal custody mellns that both parties have equal rights In decisions affeotlng Ryan as they relate to his: a. medical welfare; b. religious training al1d efflllatlons; and o. educational opportunities. Both parties shell be entitled to all medloal and educational information and reports and shall be entitled to be present at any and all eduoatlonal and/or medical conferences/consultations. NINTH- RETIREMENT ElENEFITa.: Wile has an IRA worth approl<lmately $4,300.00 to which husband waives his Interest, Husband has no IRA's. Neither party currently tlas any vested retirement accounts with their respeotlve employers, TENTH: REAL PROPERTY - The parties are owners of the premises known as 185 Ridge HIli Road, Sliver Spring Township. Cumberland County, Pennsylvania, which the parties have agreed to sell and to apply the net proceeds as per paragroph fifth. ElEVENTH: MEDICAL INSURANCE - Wife has medical and dental coverage through her employer, Harris Savings Bank, for herself and for Ryan,at a cost of approl<. $60.00 per month. Husband has his own coverage through his employer, but Ryan Is not covered through husband's carrier, Keystone HMO. TWELFTH: ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES - 80th parties accept the provisions 01 this Agreement In lieu of and In full and final settlement and satlslactlon of all claims and demands that they may now or hereafter have against the other, II any, for alimony, alimony pendente lite, counsel fees, or expenses, or for any other provisions for spousal support and main- tenance before, during and alter the commencement 01 any proceedings for the divorce between the parties. Husband acknowledges that has wife has flied a eo- day No-Fault Divorce (Cumberland County Docket No. 96-5404). Husband agrees upon the expiration of the 90-day period of time following service of the Complaint, (which occurred on October e, 199~ to execute the required Affidavit of Consent form agreeing to the divorce. :) . I , '... THIATEENTHt ~ Ilellher party breaches ony provision of this Agree. ment, the other party shall have the right at his or her election, to sue for damages, for suoh a bre/lch, and the party breaching this contraot shall be responsible for payment of legal lees and costs Incurred by the other In enlorclng their rights under this Agreement, or seel< such other remedies or relief as may be Bvallable to him or her. FOURTEENTH: MQQJEJ.cAIJillJ..ANtLWhlYEB.: The modification end waiver of any 01 the provisions 01 tills Agreement shall be effective only If made In writing and executed with the saine formality 85 tile Agreement. The failure of eitiler perty to Insl~t upon strict performance 01 any 01 the provisions 01 tills Agreement shall not be construed as (ol waiver 01 any subsequent delault 01 the same or fllmllar nature. FIFTEENTH: DESCRIPT~.l:ifhDINGS - The descriptive headings used herein Bra for convenlencll only. They shall have no effect whatsoever in determining the rights or obligations of the parties hereto. SIXTEENTH: INDEPr;tlDENT SEPARATE COVENANT - It Is specifically understood and agreed by and belWelln the parties hereto that each paragraph hereof shall be deemed to be a separate and Independent covenant and agreement. SEVENTEENTH: VOID CLAUSES- If any term,condltlon, clause or provision of this Agreement shall be determined or declared to be void or Invalid In law or other- wise, 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. EIGHTEENTH- ENTRY AS PART OF THE DECREE.: Wife has Initiated an action In divorce under Section 3301(c) of the Pennsylvania Divorce Code, (for a no fault divorce) filed In Cumberland County (Docket No. 5404 1996). It Is the Intention of the parties hereto that the within Agreement shall survive the alorementloned action for divorce, and that no order, judgment or decree, temporary, Interlocutory, IInal or permanent, shall affect or modify the provisions 01 this Agreement. This Agreement shall be made part 01 any such judgment or decree of final divorce, but shall not be merged therein. NINETEENTH. VOLUNTARY EXECUTION- Wife acknowledges that Donald B Owen, Esq., has acted as legal counsel on her behalf In the preparation of this Custody and Marriage Settlement Agreement. Husband acknowledges that he has been afforded the opportunity to hire his own legal counsel In connection with the negotiation and preparation 01 this Custody and Marriage Settlement Agreement, and he has chosen not to do so . . "'-. 'tt---..__ : OF CUMBERLAND COUNTY I' 8 * 8 STATE OF I t PENNA, M * ":I".. ,:t- ~ . TINA L. BEAM ~ ; .........;"... ........ ........ ..........., ;!:I' N I). ...,..,..~~:,~~~ .... , """.".. , 19 96 I~. iii . .......~.~rH.9~y~. ElI:.~M,. . ",,,.. *,........" . . ! " * . * DECREE IN ~ III * ... ~ s DIVORCE ~ ~ AND NOW, .. >~ Y:-9:-..I~.. , "" .. .. ", 19 q'1.., It Is ordered '2nd ~ : decreed thot ......... :.I~~ L: .~~~.~.. .. .. .. .. .. .. ... .. , ...... ., plalnllff, ~ ~ and, .... .. . .. ... ,.. ..~~!~~qI'!Y.<;l: .1:!li=!'\M.. ..,... .... .. '''''', defendant, ; ~ a,. dlvo".d "am the hand, 0' ma'dmony. I ~ The court rotCilns lurlsdlctlon of the following claims which have ~ $ bee" r;Jlsed of record In this action for which a final order has not yet * ~ been ontered; NONE. The attached agreement between tile $ * parties dated May 13, 1997 Is Incorporated but not rli. . . . . . . , . . merged' Into' this 'dlvorce' decrea: . . , , . . , . . . . . . , , . . . , , , , 'l> :.' ~ 8 ~ $ $ $ ~ III AlIeat' \j (i" / ) '.// ./J ...1-/..;,;..... 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