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HomeMy WebLinkAbout07-0513I IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA MICHAEL JOSHUA BEACHER, No. Plaintiff V. Civil Action - Law TRACY ELIZABETH BEACHER, Defendant In Divorce NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or Annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or 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, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 1-800-990-9108 717-249-3166 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOSHUA BEACHER, No. OIr- .5"j C? -72?, Plaintiff V. Civil Action - Law TRACY ELIZABETH BEACHER, ; Defendant In Divorce COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE AND NOW, TO WIT, this 1o 2 day of January, 2007, comes the Plaintiff, Michael Joshua Beacher, by his attorney, John R. Scheidemann, Esquire, who respectfully represents: 1. The Plaintiff is Michael Joshua Beacher, an adult individual, whose current address is 2411 Rolling Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.. 2. The Defendant is Tracy Elizabeth Beacher, an adult individual, whose current address is 1607 Sutton Avenue, Williamsport, Lycoming County, Pennsylvania 17701. 3. Plaintiff and Defendant are suijuris, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on September 5, 2004, in Hillsgrove, Pennsylvania.. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 6. No prior action for divorce or annulment has been filed by either of the parties hereto against the other. 7. Plaintiff has been advised of the availability of counseling and understands that he may have the right to request that the court require the parties to participate therein. 8. The marriage of the parties is irretrievably broken. 9. After ninety (90) days have elapsed from the date of filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, r/?YIt) 4 0FiN"R./SCHEIDEMANN, ESQUIRE 'Attorn for Plaintiff I.D. Nef. 268 East Market Street York, Pennsylvania 17403 (717) 845-1546 VERIFICATION The undersigned hereby verifies that the averments or denial contained in the foregoing pleading are true to the best of the personal knowledge or information and belief of the undersigned. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATED: 1 0 on w (1 -n \ ?-n ITIF" r t? ? Cf\ r w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOSHUA BEACHER, No. 07-513 Civil Plaintiff V. Civil Action - Law TRACY ELIZABETH BEACHER, Defendant In Divorce PETITION FOR RELATED CLAIMS AND NOW, TO WIT, this day of July, 2007, comes Michael Joshua Beacher, by his attorney, John R. Scheidemann, Esquire, who respectfully represents as follows: 1. The Petitioner is the plaintiff above named, who resides at 2411 Rolling Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is the defendant above named, who resides at 2412 Fairview Terrace, Newberry, Lycoming County, Pennsylvania 17701. 3. The Petitioner has heretofore filed a Complaint in Divorce to the above-captioned docket number. COUNT I Eauitable Distribution of Prove rtv 4. Paragraphs 1 through 3 hereof are hereby incorporated herein by reference as if more fully set forth herein. 5. Petitioner and Respondent own "marital property" as defined under the Pennsylvania Divorce Code, including real estate located at 1607 Sutton Avenue, Williamsport, Lycoming County, Pennsylvania. 6. In order to effectuate economic justice between the parties, Petitioner requests your Honorable Court to enter a fair and just determination and settlement of the property rights of the parties. WHEREFORE, Petitioner requests your Honorable Court to equitably divide and distribute the "marital property" of the parties in accordance with the Pennsylvania Divorce Code. COUNT II Counsel Fees, Costs and Expenses 7. Paragraphs 1 through 6 hereof are incorporated herein by reference as if more fully set forth herein. 8. By Respondent's actions or inactions, Petitioner has incurred and will incur additional attorney's fees, costs and expenses in this matter. 9. Respondent is employed, earns a substantial income, and is able to pay the additional attorney's fees, costs and expenses necessitated by her actions or inactions. WHEREFORE, Petitioner requests your Honorable Court to award him a reasonable sum for attorney's fees, costs and expenses. Respectfully i , ESQUIRE Attorney for Petitioner I.D. No. 86772 40 East Philadelphia Street York, Pennsylvania 17401 (717) 845-1546. VERIFICATION The undersigned hereby verifies that the averments or denial contained in the foregoing pleading are true to the best of the personal knowledge or information and belief of the undersigned. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATED: 7-/7-07 zz_ z MI JOSHUA BEACHER [ ! V-3 C7.:) CZ) .19 rl 1 A W V' 'K p 4 C MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 2009, by and between MICHAEL J. BEACHER of 2411 Rolling Hills Drive, Mechanicsburg, Pennsylvania 17055, hereinafter referred to as "Husband", and TRACEY E. BEACHER of 2412 Fairview Terrace, Williamsport, Pennsylvania 17701, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully joined in marriage on September 5, 2004, but certain differences have arisen between them in consequence of which they are currently living separate and apart from each other and have been since July 1, 2005; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations, particularly those rights and obligations growing out of their marriage relationship, including 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 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; and WHEREAS, Husband and Wife each acknowledge that he or she is fully cognizant of the assets, liabilities and general financial condition of the parties jointly and of each other individually, and both parties are of full and complete understanding that they have the right to seek the advice of separate legal counsel; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertaking hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: I - ADVICE OF COUNSEL Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his and her selection; that Husband has been independently represented by John R. Scheidemann, Esquire; and that Wife has or may retain counsel of her own choosing. Each party acknowledges that he or she fully understands the facts and that each has had the full and fair opportunity to be independently advised as to his or her legal rights and obligations, including all rights available to him or her under the Pennsylvania Divorce Code of 1980, as amended, and other applicable law. II - SEPARATION The parties acknowledge that they separated on or about July 1, 2005; that they agree to live separate and apart from each other; and that each shall be free from the marital authority and control of the other as fully as if single and unmarried. Neither party shall molest, malign or interfere with the other, nor compel or attempt to compel the other to live with him or her by any means whatsoever. Each may live wherever he or she may see fit, subject only to the provisions of this Agreement. III - MARITAL RESIDENCE At the time of the parties' separation, they were joint owners of property situate at 1607 Sutton Avenue, Williamsport, Lycoming County, Pennsylvania, which served as their marital residence, The parties agree that Wife shall transfer to Husband all of her right, title and interest in and to the marital residence located at 1607 Sutton Avenue, Williamsport, Pennsylvania, subject to the outstanding mortgage with Countrywide Home Loans, which Husband agrees to assume and pay, and to indemnify Wife and hold her harmless for any liability therefor. In addition to the outstanding mortgage with Countrywide Home Loans, Husband shall assume as his full and sole obligation all the expenses incident to the use and ownership of the aforesaid property, including, without limitation, any and premiums for liability and fire insurance coverage, utilities, sewer, water, refuse collections, assessments, property maintenance, repairs, additions and improvements. Husband further covenants and agrees to indemnify and hold Wife harmless from any such liabilities, obligations, claims or demands as a result thereof. IV - DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY The parties hereto mutually agree that they have effected an equitable division of all of their furniture, household effects, appliances and other personal property, and it is understood and agreed that each party shall retain as his and her sole and separate property, free and clear of any claim of the other, all of those items which each now has in his and her possession and control, without the necessity of any documents of further assurance, except as otherwise provided herein. V - MOTOR VEHICLES The parties acknowledge that each party shall retain as their sole and separate property the automobiles currently in their possession and titled in his or her name. The parties further acknowledge that they shall be responsible for the payment of any leases, loans or obligations associated with their respective motor vehicles, as well as payment for any insurance required upon those vehicles. VI - BANK ACCOUNTS The parties acknowledge and agree that they have divided and distributed all checking, savings, credit union and any other bank accounts which they acquired during their marriage. Each party shall retain the account(s) currently in his or her possession and titled in his or her name. The other releases, relinquishes and waives any and all right or interest which he or she may have in the account(s) retained by the other. VII - RETIREMENT BENEFITS Husband and Wife agree to waive and relinquish any rights that each may have in the pension of the other. All other retirement accounts now individually held and maintained will be and remain the separate property of the party in whose name the asset is now held. VIII - DEBTS Each of the parties hereto covenants and agrees that he or she has not in the past and will not at any time in the future incur or contract any debt, charge or liability for which the other of them, their legal representatives, or their property or estate may become liable; and each further covenants at all times to keep the other free, harmless and indemnified of and from all debts, charges and liabilities hereafter or heretofore contracted by them, except as provided in this Agreement. IX - SUPPORT/ALIMONY PENDENTE LITE/ALIMONY The parties acknowledge that Sections 3701 and 3702 of the Divorce Code provide for reasonable alimony to either party. Husband and Wife hereby waive any right which either might have against the other for support, maintenance, alimony pendente lite or alimony. X - BREACH A. If either party breaches any provision of this Agreement, the other shall the right, at his or her election, either to sue for specific performance of this Agreement or to sue for damages premised upon said breach. In such proceedings, the only issue shall be whether one or both of the parties has breached the Agreement and, in no event, shall either Husband or Wife, their attorneys or legal representatives, have the right to question any of the provisions of this Agreement. B. This Agreement, at the option of either party, may be submitted to a Court having jurisdiction over the marital action between Husband and Wife so that this Agreement can become part of any decree of divorce issued by said Court and may be made a part os said decree and any judgment thereon with jurisdiction remaining in the Court so that the terms hereof are complied with. The Agreement, however, will survive the decree of divorce and not be merged with it. C. Regardless of whether this Agreement is made a part of an Order of Court, this Agreement may be enforced as provided in Section 3502(e) and 3105(a) of the Divorce Code. D. In the event that either party must bring an action based upon the breach of the other for any of the terms and conditions of this Agreement, the party having so breached the Agreement, "the responsibility for breaching the Agreement to be determined by a Court of competent jurisdiction," agrees to be responsible not only or the damages sustained by the non-breaching party, but also agrees to reimburse the non-breaching party for any and all reasonable attorney's fees and court costs incurred because of the breach of the within Agreement. XI-ESTATES A. Wife agrees that, as of the execution of this Agreement, she will release any and all claims which she would have in Husband's estate, regardless of whether he would die testate or intestate, and Wife further agrees that she does hereby waive, release and forever give up any rights which she would have to elect against her Husband's will should any such will now exist or hereafter come into being. Wife further releases any claim which she might have to act as executrix or administratrix of Husband's estate, and further releases any claim which she would have to declare any exemption allowed by any surviving spouse under the applicable laws of the Commonwealth of Pennsylvania. B. Husband agrees that, as of the execution of this Agreement, he will release any and all claims which he would have in Wife's estate, regardless of whether she would die testate or intestate, and Husband further agrees that he does hereby waive, release and forever give up any rights which he would have to elect against his Wife's will should any such will now exist or hereafter come into being. Husband further releases any claim which he might have to act as executor or administrator of Wife's estate, and further releases any claim which he would have to declare any exemption allowed by any surviving spouse under the applicable laws of the Commonwealth of Pennsylvania. XII - AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS A. This Agreement shall not be considered to effect or bar the right of Husband or Wife to limited or absolute divorce on lawful grounds, if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreement is not intended to condone, and shall not be deemed to be a condonation on the party of either party hereto, of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. B. The parties intend to secure a mutual consent or no-fault divorce pursuant to Section 3301© of the Divorce Code, and agree to execute the appropriate Affidavit of Consent and Waiver of Notice forms simultaneously with the execution of this Agreement. XIII - EFFECT OF DIVORCE DECREE The parties agree that, unless otherwise specifically provided for herein, this Agreement shall continue in full force and effect after such time as a final decree of divorce may be entered with respect to the parties. XIV - DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. This Agreement shall be signed in triplicate with each copy acting in full force and effect as an original. XV - CONFIRMATORY DOCUMENTS Husband and Wife covenant and agree that they will forthwith (and except as defined herein, within at least five (5) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, titles, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. The parties will further deliver to each other whatever personal papers, documents or writings that each now possesses which are the property of the other. XVI - MODIFICATION AND WAIVER A 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 the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. XVII - ENTIRE AGREEMENT This agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than hose expressly set forth herein. XVIII - 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 agreement. XIX - VOID CLAUSES If any term, condition, clause or provisions of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provisions shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. XX- AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. XXI- LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. XXII - ACKNOWLEDGMENT Each party to this Agreement acknowledges and declares that he or she respectively: A. is fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; and B. enters into this Agreement voluntarily and intelligently and after receiving the advice of independent counsel, or after having had the opportunity to seek the advice of independent counsel, or after having been fully advised of the advisability of seeking the advice of independent counsel, free from fraud, indue influence, coercion or duress of any kind; and C. ment; and D. E. Agreement; and has given careful, mature thought to the making of this Agree- has carefully read each provision of this Agreement; and thoughtfully and complete understands each provision of this F. agrees that the provisions of this Agreement are fair, adequate, equitable and satisfactory and executed by both parties in, as and for final settlement and satisfaction of all claims and demands of any nature whatsoever, and after a full and fair disclosure by the parties of all facts bearing upon and pertaining to the provisions of this Agreement, including the net worth of both parties. IN WITNESS WHEREOF, the parties have hereunto set theirs hands and seals the day and year first above written. MIC AEL J. BW4C? R TRACY E. COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF L . On this, the --/!! day of 09, before me, a Notary Public, personally appeared MICHAEL J. BEA HER, known to me (or satisfactorily proven) to be the person described in the foregoing Agreement, and acknowledged that he executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF On this, the day of 009, before me, a Notary Public, personally appeared TRACY E. BEAC ER, known to me (or satisfactorily proven) to be the person described in the foregoing Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Public COMMONWEAM OF PENNSYLVANIA NOTARIAL SEAL TM L GOODBR00, NOTARY PUBLIC 1UB0lStOWN soft, LYCOMIN6 COUNTY MY COMMISSION EXPIRES MG. 30, 2010 cow ? snvu?a? NOTAWL ct m R. am", ? PWft C" MINI ftm, 0AW My CWA*" Expires W!? 20, 201 OF ThE RED-OFTICE TPPOTPWTARY 2009 APR -2 AM I1: 17 ?/fY?J°P.,?lr_,..`/?73„tj`p111..r?1t,J? ?? F'C! Yl Y? ? LYr'?:1???f?E S '1% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOSHUA BEACHER, No. 07-513 Civil Plaintiff V. TRACY ELIZABETH BEACHER, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF YORK I, JOHN R. SCHEIDEMANN, ESQUIRE, do hereby certify that I served upon the defendant, Tracy Elizabeth Beacher, a true and correct copy of the Complaint in Divorce filed in the above-captioned matter by depositing same in the United States Mail, postage prepaid, certified to Article No. 7005 1 160 0002 2166 3567, and that the same was received by the defendant on January 31, 2007, as i Card attached hereto. by the Return Receipt JOF - ,/ ?GHEIDEMANN, ESQUIRE Attorn or Plaintiff 40 East Philadelphia Street York, Pennsylvania 17401 (717) 845-1546 I.D. No. 86772 Sworn and Spbscribed to before me this --5\ s day of March, 2009. Not P is No Seai Carol Jo S No Publfo City of ork, Yo Counbr I My Commission Nov. 10, a9 Member, Pennsylvania AssoC Mon RD-OFFICE OF THE PPOT,C. 7ARY 2009 APR -2 AM 11: 16 CUul 4,? COUNTY PENNSYLVANIA F LED-t rrK;E Of THE PPOTHMURY 2009 APR -2 AM 11: 16 CtlMBEFLp:., D WUNTY PENINSYLVNIIA r RB - 1G'E OF THE PROTHONOTARY 2009 APR -Z AM 11: 16 CL BIIZF A;?-z WUNTY PEhNVSYLVAMA • CompiMe pacers 1, and & Ipso oo vw" ruin 4 K SIBINCIrE#OWWW Is I1 4 1 . ¦ P* t yaw raw and atldow on the so the we can rel m ilea cod b you. ¦ Attooh #* cod lo the b=k' d the or on the front d op me pwvv*s. 1. Ardde Addressed to: C. Fasts Qf Delivery D. Is delivery ad 1 dewwlt *o-rnWfi 11 O Nbe H YES, enter delivery address below: 0 No \ Cwdbd Mai 0 Expose Mall 0 Reel umo 0 Rd" Rsoelpt for Merchsndlss 0 kmxrrd and 0 C.O.D. 4. RsstrloW Delivery? P F+N 2. Article Nu ter 7005 1160 0002 2166 3567 (llendr ftm SW*olrtw PS Form 3$11, Feb uwy 2w4 Domestic Rstum Receipt 10-WIM RID-OFFICE OF THE PROTt" WARY 2009 APR -2 AM 11: 16 CUMB'-- L.p. -;D COUNTY PSNNSYLVANiA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOSHUA BEACHER Plaintiff No. 07-513 Civil V. TRACY ELIZABETH BEACHER, Defendant Civil Action - Law In Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on January 24, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. DATED: °t MICHAEL SHUA BEACHER RE-OFFiCE OF 7HE PROP-MM 209 APR -2 AM 11: 17 CUAIBE LA 4 COUNTY PENNS` LVANrA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOSHUA BEACHER, Plaintiff No. 07-513 Civil V. TRACY ELIZABETH BEACHER, Defendant Civil Action - Law In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. DATED: MIC AEL j HUA BEACHER OF THE P 0VARY 2H9 APR -2 AM 11 17 .5v::i.A'ti,s l.r..iUU PENNSYMNtSM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOSHUA BEACHER, No. 07-513 Civil Plaintiff V. Civil Action - Law TRACY ELIZABETH BEACHER, Defendant In Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on January 24, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATED: 311- ?? of %MTARr W APR -2 AM 11: 17 CUMBEFit-A.-i COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOSHUA BEACHER, No. 07-513 Civil Plaintiff V. Civil Action - Law TRACY ELIZABETH BEACHER, Defendant In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER C3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. DATED: 31 Bf, -? OF A PROTAR`I 209 APR -2 AM If: 17 WM8 ii-Ai ("OUNMY PENNMANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOSHUA BEACHER, No. 07-513 Civil Plaintiff V. TRACY ELIZABETH BEACHER, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Restricted Delivenj on Januanz 31, 2007 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff. 03/23/2009; by defendant: 03/18/2009. (b) Date of execution of the affidavit required by §3301(d) of the Divorce Code: ; (2) Date of filing of the plaintiffs affidavit upon the respondent: _ ; Date of service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: All economic claims were resolved by the parties pursuant to a Marriage Settlement Agreement dated March 18, 2009. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit the record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: filed contemporaneously herewith. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: filed contemporaneously herewith. (VIVP ? )ATE): , ESQUIRE !#,Orneyor the Plaintiff .D. No. 86772 40 East Philadelphia Street York, Pennsylvania 17401 (717) 845-1546 RL?jCE OF THE PS ON(3TAflY 209 APR -2 AID 11: 17 PE V! S MA VIA MICHAEL JOSHUA BEACHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY ELIZABETH BEACHER NO. 07-513 Civil DIVORCE DECREE AND NOW, .17% 7 .Zoo9 , it is ordered and decreed that MICHAEL JOSHUA BEACHER , plaintiff, and TRACY ELIZABETH BEACHER bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, ,,v /- ---? - Attest: J. ,,?'? rothonotary ?, a ?G ?