The URL can be used to link to this page

Home My WebLink About98-01149 r::- oO ,::;I (:;:l ~ --J ~,\- "!l \"1-- ..",f~ 'q :.) ::,j.~ >." i-'. .~.. , .'-1' 9 .". ~ 2 ~.. -octi i,'\} I hP'} ~'.. ~ ' {!~ "~'C' ~~;~;~ ,~,\. -' t;() .....{::, ~' ...0 OJ (.;= f__ ,- I co, "" -' --" , I i ! I I I t \f .o,t; MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this U+" day of rnO-L-{ between Rodney W. Beachy, (hereinafter referred to and Kathryn D. Beachy, (hereinafter referred to as , 1998, by and as "Husband,") "Wife") . WITNESSETH: 1. DEFINITIONS WHEREAS, the Husband and Wife were lawfully married on September 9, 1989; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there were no children born of this marriage; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; (a) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they each have executed the 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. (b) Distribution Date. The phrase "distribution date" shall be defined as fourteen days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next business date. 2. ADVICE OF COUNSEL Both the Husband and Wife acknowledge by their signature that they have had the opportunity to review this agreement with their legal counsel prior to signature of this agreement and by their signature indicate their satisfaction with the terms of this agreement. . . MAv-eS-9B 02:S2, PM M TRAVIS 7319S11,' P.02 J . SlPARAT%ON It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or ,place. as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of sither party as to the lawfulness or unlawfulness of the causes leading to their living apart. 4. INTERPERENCB Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe n~cessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. DIVISION OF PERSONAL PROPERTY (a) The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the joint bank accounts, stock portfolios, life insurance policies, pereonal affects, household furniture and furniShings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any items which are now in the possession or under the control of the other. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE Each party agrees to relinquish any right to Support/and Alimony Pendente Lite, except as outlined in 7(a). 7 . ALIMONY (a) In recognition of the criteria set forth in Section 3701 of the Divorce Code, 23 Pa.C.S.A. S 3701, commencing on the distribution date of this Agreement, Husband shall pay to Wife as alimony the sum of Eight-Hundred-Dollars ($800.00) per month, payable on the 15th day of each month for a period of twenty-five (25) consecutive months. The first payment shall be due on the 15th day of the month following the distribution day of this agreement, 1998, Any payments made prior to divorce shall be deemed alimony pendente lite and shall be deducted from the total number of payments. 2 MAv-eS~ge ej:S2 PM M TRAVIS 7319S11,' P.D3 (b) Notwithstanding the provi8ions of the above paragraph, the alimony payments provided for in this paragraph 8hall terminate upon the first to Occur of: (i) Wife'. remarriage; (H) Wife'e cohabitation pursuant t.o 23 Pa.C.s.A. 537061 (iH) Wife'. death I Or (iv) HUsband's death. (c) Wife and Husband repre8ent and acknowledge that they each have sufficient property for her or his reasonable needs and are able to SUpport herself or himself through appropriate employment. (d) Wife does hereby acknowledge that the CUrrent rate of inflation may change, that Husband's income and assets may SUbstantially increase in value, that she is not presently fully employed, that her health may deteriorate and she may not be employed at varioue times in the future, that Husband may receive SUbstantial inheritance in the future, and that notwithstanding these or other economic circumstances which may be a change in circumstances of a substantial and continuing nature, the payments for her support and maintenance provided for in this Paragraph are fair, just and reasonable, and will provide her with sufficient financial reSOUrces to maintain and SUpport herself in accordance with the standard of living to which she is accustomed. Notwithstanding anything to the contrary in the Divorce Code, Wife does expressly waive, diSCharge and release any and all rights and claims which she may have now or hereafter by reason of the parties' marriage to additional alimony, alimony pendente lite, support and/or maintenance or any other benefits resulting from the parties status as husband and wife, and further waives, discharges and releases any right which she may hereafter have to seek modification of the terms of this Agreement in court of law or equity, it being understood that the foregoing constitutes a final determination for all time of Husband's obligation to Wife's support and maintenance. (e) Husband does hereby acknowledge that the current rate of inflation may change, that his earning power may decrease, or his health may deteriorate, that Wife's income and assets may substantially increase in value, that she may be employed at various times in the future, and that notwithstanding these or other economic circumstances which may be a change in circumstances of a substantial and continuing nature, the payments for Wife'S support and maintenance which are required under this paragraph are fair, just and reasonable. Therefore, except as set forth in this Agreement, Husband does hereby expressly waive, discharge and release any and all rights and claims which he may have now or hereafter by reason of the parties' marriage, to alimony, alimony pendente lite, support and/or maintenance or any Other benefits reaulting from the p~rtiee st~tus as wife and husband, and further waives, diSCharges and releases any and all rights which he may now or hereafter have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the 3 MAV-0S-9S 02:S3,PM M TRAVIS 7319!511" P.04 foregoing constitutes Husband'. obligation maintenance. a final determination for to contribute to Wife I s all time of support and (f) Notwithstanding anything contained in this Agreement ,to the contrary, if a final decree of divorce has not been awarded to either Wife Or Husband withln three months of the date of execution of this Agreement due to the action or inaction of Wife, Wife hereby forfeits those payments which she is to receive under this Paragraph and Husband's obligation to make such payments shall cease. (g) Notwithstanding anything contained in this Agreement to the contrary, if a final decree of divorce has not been awarded to t1ither Wife or Hueband within three months of the date of execution of this Agreement due to the action or inaction of Husband, Hueband hereby forfeits those payments which he has paid. e. AUTOMOBILES (a) The parties were the owners of two automobiles, a 1997 Nissan Ultima used by Wife, and a 1996 Toyota Camry used by Husband. Both vehicles are leased. Wife has and will keep possession of the 1997 Nissan. Wife shall be solely and exclusively responsible for any and all encumbrance of any nature and hold Husband harmless and save him from and against any and all collection activity on account of such encumbrance. Husband shall have sole and exclusive possession of the 1996 Toyota. HUsband shall be solely and exclusively responsible for any and all encumbrance of any nature and hold Wife harmless and save her from and against any and all collection activity on account of such encumbrance, The parties vehicles to reflect distribution date. will take steps to transfer titles of the ownership as soon as possible after the (b) Both parties agree to assume all responsibility and hold each other harmless for any and all liability, costs and expenses aesociated with their ownership. The costs of any title transfers or fees shall be born equally by the parties. 9. DIVISION OF REAL PROPERTY The parties represent to each other that neither has a legal or equitable interest in any real property. 4 10. PENSION AND RETIREMENT ACCOUNTS HUsband and Wife shall maintain their separate pension and/or retirement accounts. Wife relinquishes any and all rights title and interest she may have in all other eXisting and fUture retirement assets or benefits of Husbands pension, retirement, 401K or other account. Husband relinqUishes any and all rights title and interest he may have in all eXisting or future retirement assets or benefits of Wife's pension or retirement, 401K or other account. 11. MEDICAL INSURANCE Husband will be responsible and continue to prOVide medical insurance of the same coverage for Wife until the parties are divorced. The parties agree to hold each other harmless for the cost of obtaining any insurance and for any medical expenses not cOVered by insurance thereafter. 12. MARITAL DEBTS (a) Both parties will continue to be responsible for all individual obligations ~ncurred during the marriage. Each party shall be responsible and hold the other harmless for debts incurred Solely in their name. (b) Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for jOint liability. From the date of execution of this Agreement, each party shall Use only those cards and accounts for which that party is individually liable. 13. FILING OF IRS RETURN/TAXES Husband and Wife agree to file separate tax returns for the tax year in which the Decree in Divorce is entered. l4. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will exeCUte and allow to be filed the necessary documents to obtain a divorce under Section 3301(c) of the Divorce Code. 5 : Commonwealth of Pennsylvania: ,n.. L ss: County of ~4pn\~ PERSONALLY APPEARED BEFORE ME. this .s1h.daY of ;J1q vi , 1998, a notary public, in and for the Commonwealth of penlSYIVania, Rodney W. Beachy, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~i:~ IIlIIMIM.IIOI. IUlMElIII.IB:IlI1'( IlllM'lI'UIUC __ DAUPltIIl COUIll't. ~ MY COIIMISSlOll EXPIlIfS MARat 12,2001 Commonwealth of Pennsylvania: County of C\JN\~\V\o.rV PERSONALLY APPEARED BEFORE ME, this L~~I\ day of ('(\alA , 1998, a notary public, in and for the Commonwealth of Penns~lvania, Kathryn Beachy, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. ss: ~~~, ~CtL~ Notary Public Notarial Soar Denise l. Tra'.I., Normy Public Hampdon T~lp" Cumborland County My CommIssion Expires Apr, 20, 2002 9 ... ... v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - IIL/C( CIVIL TERM KATHRYN D. BEACHY, PLAINTIFF RODNEY 11. BEACHY, DEFENDANT IN DIVORCE COMPLAINT UNDER SECTION 3301(.) OR 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Kathryn Beachy, who resides at an undisclosed location in Cumberland County, Pennsylvania. 2. The Defendant is Rodney Beachy, who resides at 201 E. 2nd Avenue, Lititz, Lancaster County, Pennsylvania 17543. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 9, 1989, in York County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart. At a subsequent time, Plaintiff may submit an Affidavit that the parties have lived separate and apart for at least two (2) years. ... " 8. Plaintiff avers that the Defendant has by cruel and barbarous treatment, endangered the life or health of the injured and innocent Plaintiff. 9. Plaintiff avers that the Defendant has offered such indignities to the person of the Plaintiff so as to render the injured and innocent Plaintiff's life burdensome. 10. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 11. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 12. Plaintiff requests the court to enter a decree of divorce. c. .~~ - - Michael S. Travis Attorney for Plaintiff 1. D. # 77399 2 East Main Street Shiremanstown, PA 1701l (717) 731-1461 Fax 761-1974 j , I verify that the statements made and correct. I understand that false subject to the penalties of 18 Pa. C.S. falsification to authorities. in this Complaint are true statements herein are made S 4904, relating to unsworn , 1 .. ",. . f~ ..", .:'1 { .... :-:::'. (, I. , I.,.' Date: 3-;2- 1'1, i:." /L" I I. your RETURN ADDAESll campleled an th. rev.,.e .Ide? , ~ ~ .. . ... JJ t-~~.~' ~ lf~Jf!lll~ ' '- ~ CD ~i ~~l..m ~ ~ ~ i! f Hf" \ ~,~ i !'l, If ~!4i ~ & ! ~,I f}" ~ ~,~ Ii if! !~ ~ ~ ~ b i r, ~ ~~ st"l! ~(" ~ i 9 ~ 1 , ',~ f ')'l~f! ''''',':."'''' s; I ,. . "'i'.,'.' . ~i ~ I !" :-< IJ 0 0 ~ ~ ~g f H UlJJ!lflt~j If i1! Q-f '{,i i S I S I" z . 1!""~!f i""~~ _ ~e: ~~ I~' ~ Ii ~ "'. is I~.I' ~ ,I it .s ,oOQ N ~I-.A I 8 1 ~,.. f" ~ r? g ~ a: ciil !" ii-I I & ~tTj TIuInk yoU far UI'ng Retum R_Ipt"Sen.C:l I () U'~ ~ ~~: r~ ~~ :,<~ :-. o ... ...1 .. . ='J "I-- I '11)) cr\ =)6 '!"J -~ -I" ~oJ (") c.-rn ~ => ?:g :-:: (:J _... ..'- ro. \. --;1 .. ~ ~- , ; .i-' L:~ KATHRYN D. BEACHY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98 - 1149 CIVIL TERM RODNEY W. BEACHY, DEFENDANT IN DIVORCE 2. The marriage of Plaintiff and Defendant is irretrievably AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on March 3, 1998. broken and ninety (90) days have elapsed from the date of the 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 subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. DATED: (L~ / 19 1991? / ..~ '{~' ".~ " ,'.... \ RODNEY W. BEACHY, DEFENDANT IN DIVORCE , '\' :1 \ l,r 1'. , I' ~, III (f, I . I 1-: I v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 1149 CIVIL TERM KATHRYN D. BEACHY, PLAINTIFF WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) OF THE DIVORCE CODE '" , 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. i DATED: ~<L 19 /991 j / / 1f1<~-!Y ,{M!.J- Kat ryn D. Beachy Plaintiff "'..'., () \C1 0 c: t.CJ -n ;:;'. . :~J urr: t= fl',,':, ';i~ ?::~ , I .,", 6j:h ...-. -:"} - ..' '.)( r:: (: ""'" ..J:u .'..-1' ""~C) :1'. !~JCJ j;'~L: r.- t:sm .-t " :::> ..... -'J ::0 -<. I::> -< l,^ 1\ i' il o [; -rJt-;'i fi1ri", ,7"-1, 6J ~~~~ !::(} .,:,"; ... "('J :".~C) ~_.S :::; -<; 1.0 :;0 '- '= ,- I en .." :J: o "T1 :::J i';i:D ,- -nm "])9 ''::>0 .:y!-" '.:'.;0 -,.n iSm :;j :iJ -< r:- ;:) c::> .-'," ,", f'" .,i' i XATHRYN D. BEACHY, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 1149 CIVIL TERM RODNEY W. BEACHY, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION ~ REOUEST ENTRY OF A DIVORCE DECREE ~ ER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. DATED: bt~jqfl I I ~~ ' Ro Y W. Be hy efenda I"~ 'r I I r 1',' i:' [ \.~' '..... l:" ("') 0 0 -11 Fa C .... ~ -. 0 f :5.. i~:. ;;J ""TJ(J) ,"1 o'Lb :-J w -u'...:..; z.! .;)~r :;:.:c. C/'J..;:. :-:~~i? 5' ~ ~C; -0 -;". -ri - ,... :l!: ~.3~::, ~ ",'0 .....In ~ 2:0 r:-: 0 0=;:; _ -i -c. ?tl 0:;:" ~ ~ 'J1 ')-- (D -<" )- -l l,,}.J ~