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Home My WebLink About98-06346 I I ( It " '~ ., , > 1 ~ q \J ,~ '"",. '. \" t ~ ..........1 . I . ...::) 1 -' ~I I , i ......,: ':>.1 "'I, ~t ~i ~I .. W~t-t-w..i.vi4.i-i.i.M"v.i"i4"!-:'+:-;+!-!";":"i"i"i"~+':";.i..i-!-;"-!"!-4"Voi..i"i"Vov.;lIi-i..: ,- : " ;--:: . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY ~~~ , STATE OF jl' ;,t;?l:" PENNA. ~~r,151,~ '. ',.'~;1. .. RON~I,f) C. 1l.F:'~~"'M Plaintiff Ii NO,9A-f>346 Civi 1 'l'erm VERSUS ii ~LETA M. IlE~MJ_".._._____m_'___._ . Defendant . . . . . DECREE IN DIVORCE , , . ef<.:~?A,)1 . )1I6( . IT IS ORDERED AND . . . ~)1 AND NOW, . . . DECREED THAT Rona ld C, Fearn . PLAINTIFF. . . . . . . . . AND 1\11='1-;::! M ~p;::!m , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0+-+++++0+-+ THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE FOR WH ICH A FI NAL ORDER HAS NOT BEEN RAISED OF RECORD IN THIS ACTION YET BEEN ENTERED; None T~e terms of the parties' Property Settlement Agreement dated November 21, 2001 and attac~e~ ~ereto are incorporated herein ergerl ~erewith. By THE J. ATTEST: (2 PROTHONOTARY ++++++++++++++++++++++ lit +++++++++++++++++++++++++++++++ . . " ... :i: ~ .,. :i; 4 ~ .. . . . . . . . . . . . . " . ~.. . it. . . J,; . 'j:;' . \H~ '", '&.; . i.~1 . -.' . ." . ':~ . . . . . . . . . . . . . . . . . . . . . . . PROPERTY SETTLEMENT AGREEMENT BETWEEN RONALD C. BEAM and ALETA M, BEAM Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONNELY, p,c. 130 Walnut Street P. O. Box 810 Harrisburg, P A 17108 (717) 234-2616 Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue Suite 102 Camp Hill, Pa 170 II (717) 909-4060 Attorney for Ronald C, Beam Attorney for Aleta M. Beam TAIILE OF CONTENTS /leat/hlll Palle I. Separation 2 2, Interference 2 3. Agreement Nol A Bar To Divorce Proceedings 2 4. Subsequent Divorce 3 5. Incorporation In Divorce Dccree 4 6. Effective Date 4 7. Distribution Dale 4 8. Mutual Release 5 9. Advice Of Counsel 6 10. Warranty As To Existing Obligations 6 II. Warranty As To Future Obligations 7 12. Personal Property 7 13. Real Estate - Division Of Proceeds 8 14. Bank Accounts 8 IS. Savings Bonds 8 16. Distribution Of Individual Retirement Accounts 9 17. Pensions, Annuities, And/Or Retirement Benefits 9 18. Motor Vehicles 9 19. After-Acquired Property 10 20. Counsel Fees 10 TABLE OF CONTENTS (continl/ed) Ifeadinl! Pal!e 21. Applicability Of Tux Luw To Property Transfers 10 22. Waiver Of Alimony 11 23. Effect Of Divorce Decree 11 24. Breach 12 25. Waiver Of Claims 12 26. Entire Agreement 12 27. Financial Disclosure 13 28. Agreement Binding On Heirs 13 29. Additional Instruments 14 30. Void Clauses 14 31. Independent Separate Covenants 14 32. Modification And Waiver 14 33. Descriptive Headings 15 34. Applicable Law 15 I'IU>J>ERTY SETTLEMENT AGREEMENT f TillS AGREEMENT, madc this d.t::.. day of Nov. , 200 I, by and betwecn Aleta M. lIenm, of Dauphin County, Pennsylvania (hereinafter refcrred to as "WIFE") and Ronald C. lIenm, of County, Tcnncssec (hereinalier rcferred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties wcre married on July 21, 1990, in Cumberland County, Pennsylvania; and WHEREAS, there have been no children born of this marriage; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, 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; settling of all matters between them relating to the past, present and future support. alimony and/or maintenance of WIFE by HUSBAND; settling of all matters between them relating to the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hercinaner set forth and for other good and valuable consideration, receipt of which is hercby acknowledged by each of the parties hcreto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as the)' shall respectively dcem fit, free from an)' control, restraint or interference whatsoever by the other. Neither party shall molcst thc other or endeavor to compel the other to cohabit or dwell with him or her by any legal or othcr proccedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as ifhe or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither part)' shall molest the other or attempt to endeavor to molest the other. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be -2- lI\'ailahlc 10 eilhcr pan)'. This Agrecment is not intcnded to condone and shall not be deemed to bc a condonalion on thc part of cilhcr part)' hercto of any act or acts on the part of the other party which hll\'c oecasinned the disputes or unhappy diffcrcnccs which havc occurred prior to or which may occur suhscquent 10 thc date hereof: 4. Sl1I1SF;OUF:NT DIVORCE: Thc parties hcreby aeknowledgc that HUSBAND has filcd a Complaint in Divorce in Cumberland County to Docket No. 98-6346, claiming that the marriage is irrctricvably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express thcir agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or olher documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(e) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered eounseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nOlhing in any such decree, jUdgment, order or further modification or revision thereof shall alter, amend or vary any tenn of this Agreement, whether or not either or both oithe -3 - parties shall remarry. It is the specific inlel1l ol'lhe parties 10 pcrmitlhis Agrc<'lI1cntto survive any judgment and to be fore\'Cr binding and conclusive upon Ihe parties. s. INCORPORATION IN IHVORCE DECREE: It is further agreed, covenanlcd and stipulated that this Agreemel1l, or the essential parts hereof, shall be incorporated in any decrce hereinafter entered by any court of compctent jurisdiction in any divorec proceedings that have bcen or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be mergcd in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date Upon which it is executed by the parties if they have each executed this Agreement at 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. 7. DISTRIBUTION DATE: The transfer of property, funds and/or docwnents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. -4- 8. MUTUAL IU<:LEASE: HUSBAND and WIFE each do hereby mutually rcmise, release, quit-claim :md forever discharge thc other and the estate of such other, for all time to come, and for all purposes whatsocver, of and Irom any and all rights, title and interest, or claims in or against the property (including income :md gain from property hereafter accruing) of the other or against the estate of such other, of whatcver nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever -5- nature arising or which may arise under this Agreement or lilr the breach of any provision thereof. It is fun her agreed Ihat this Agreement shall be and constitute a full and final resolution of any IInd 1111 claims which eneh oflhe pnrties nMY hnl'e agninsl the other for e(juitable division of property, alimony, eounselli:es and expenses, alimony p~mlczlt~ lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9, ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; MARIA p, COGNETTI, Esquire, for WIFE and DONALD T. KISSINGER, Esquire, for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted fOf any debt or liability or obligation for which the estate of the other party may be fesponsible or liable except as may be provided for in this -6- '... Agreement. Each party agrees to indemnify and hold the other part). harmless for and against any and all such debts. liabilities or ohligations of every kind whkh 111i1)' haw hcretofore bcen incurred by thcm. including those for necessilies, except li,r thc llhligations arising out oflhis Agreemcnt. 11. WARRANTY AS TO FUTURE OR LIGATIONS: HUSBAND and WIFE covenant, warrant, rcpresent and agrec that with the exception of obligations sct forth in this Agreement, neither of them shall hereafter incur any liability whatsoel'Cr for which thc estate of thc other may be Iiablc. Each purty shall indemnify und hold harmless the othcr party for and against any and all dcbts, charges and liabilities incurred by the other after the execution date of this Agreement, exccpt as may be otherwise specifically provided for by the terms ofthis Agreement. 12. PERSONAL PROPERTY: The parties have divided betwccn them, to their mutual satisfaction, the personal effects, household fumiturc and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatcver claims he or she may have with respect to any personal property -7- which is in thc posscssion of thc othcr. and which shall bceomc the solc and separate propcrty of thc othcr from thc datc of exccution hcreof. 13. ImAL ESTATE - DIVISION OF J>ltOCEEI>S: Upon execution of this agrccmcnt, the proceeds ofapproximatcly $123,273.47, Irom the sale of the marital rcsidcnee. shall be divided as follows: IIUSBAND shall reccive $44,200.00 and WIFE shall reeeivc the remainder. Furthermore, HUSBAND agrees that WIFE shall be entitled to rctain [he proceeds from the Fleet mortgage escrow refund check in the amount of $2,63 I .83 and the State Farm insurance rcfuttd check in the amount 01'$629.12. HUSBAND agrces to sign any and all documents necessary to give effect to this paragraph within ten (10) days of being requested to do so. 14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hcreby agree that each shall become sole owner of their respective accounts and they each hereby waive any intcrest in, or claim to, any funds held by the other in such accounts. 15. SAVINGS BONDS: HUSBAND agrees that any bonds held in WIFE's name alone shall bceome the sole and exclusive property of WIFE. HUSBAND further agrees that hc shall have no furthcr claim or interest in the aforementioned bonds and agrees that he will not assert any such claim in the future. -8- 16. mSTIUIJUTION OF INI>JVIUUt\L RETIIU:MENT ACCOUNTS: HUSBAND and WIFE here")' acknowlcdge and agrcc that the partics shall relain thcir respcetivc Individual Retirement Accounts as their separate property, frce atlll clear from any claim, right, title or interest on the part of the other. HUSBAND and WIFE hercby acknowledge that they have no further claim, right, title or interest whatsoever in the other's Individual Retirement Account, and further agree never to assert any claim to the asset in the future. 17. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits, through his present or past employers, shall remain his sole and exclusive property. WIFE agrees to waive any intelest she may have in such property and further agrees that she will not assert any such claim in the future. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharittg, savings and thrift plans, annuities and/or retirement benefits, through her present or past employer, shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrees that he will not assert any such claim in the future. 18. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: -9- .. (a) (b) HUSBAND. The titles to the said motor vehicles shall be executed by thc parties, if appropriate for The 1993 Saturn shall be and remain the sole and cxelusil'c property of WIFE; Thc 1995 Nissan Maxima shall he and remain the MIle and .'xelusive propcrly of affecting transfer as herein provided, on the date of execution of lhis Agrecment, and said executed title shall be delivered to the proper party on the distribution date. Each party agrces to be solely responsible /(11' the amounts prcsently due and owing against his or her respective automobile. 19. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 20. COUNSEL FEES: Each party hereby agrees to be solely responsible for her or his own counsel fees, costs and expenses and that neither shall seck any contribution thereto from the other party except as otherwise expressly provided herein. 21. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent Ihat any transfer of property pursuant to this -10- h~ ^grccment shall bc within the scope lInd appliclIbilily oflhc Delieit Reduetil'n ^et of 1984 (hcrcinaller the" Act"), specilielllly, the pl'l1\'isinns of said Act perlllining to the trllnsfers of property bctween spouscs and fornler spouses. The parties agree to sign and cause to be liIed any elections or other documents required by the Internal Rcvettue Service to rendcr the Act lIpplieable to the transfers sct forth in this Agreement without recognition of gllin on such transfcr and subject to the carry-over bllsis provisions of the said Act. 22, WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledgc that the foregoing provisions for their individual bettefit arc satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and fore\'er for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 23. EFFECT OF DIVORCE DECREE: The parties agree that except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. -11- 24. IIRF.ACI/: Ifeither party hreaches an)' pruvision of this Al-\reement, the other party shall have the right. at his or her election, tn sue fnr damages for such hreach or seck such other remedies or relief as lIIay he ilvnilllhle hI hillinI' her, ilnd the partj' lwaching this contract shall be responsible Il)r payment of reasonable legal fees and custs incurred hy the other in enforcing their rights under this Agreement. 25, W AIVF.R OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each part)' hcrcby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in thc propcrty or the estatc of the other as a result ofthc marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge attd deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 26, ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there arc no representations, warranties, covenants or undertakings other than those expressly set forth herein. -12- 27. FINAlIiCIAL /)JSCLOSI1IU:: lhe parties contiI'm that thc}' have rcliell on thc complctcncss anll substantial :leeunlCY of the financial disclosure of the othcr as an induecmcnt to thc cxecution of this Agreement. The parties acknuwlcdge thai the}' have eonuuetcd discovcry in their pending divorcc action and that Wife has liled an Inventory and Appraiscmcnt as requircd by Scction 3505(b) of the Pennsylvania Divorce Code. Notwithstanding Ihc forcgoing, the rights of eithcr party to pursuc a claim for equitable uistribution, pursuant to the Pennsylvania Divorce Code. of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreemcnt that was not disclosed to the other party or his or hcr counsel prior to the date of the within Agreement is expressly reserved. In the event that eithcr party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counscl fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the bene lit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. ., -13- 29. AlmlTlONAL INSTIWMF.NTS: Elich of the parties shall, from time to timc, at thc rcqucst of the olhcr, execute, acknowlcdgc and deli vcr to thc other any and all furthcr instnlments that may bc reasonably rcquired to give lhll forcc and cl1cCI10 Ihc provisions of this Agreemcnt. 30. VOID CLAUSES: If any term, condition, clause or provision of this Agreemcnt shall bc determined or declarcd to be void or invalid in law or olherwise, 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 continuc in full force, effect and operation. 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties herelo that each paragraph hercof shall be deemed to be a separatc and independent Agreement. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall bc effective only if made in \\Titing and executed with the same Iormality as this Agreement. The failurc of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar naturc. -14- i~ 33. UESClUI'TIVE IIEAUlSGS: Thc dcscriptive hcadings IIscd hcrein are lilr convcnicncc onl)'. Thc)' shall have no aflect \\hatsllc\cr in dctermining the rights or llhligations of the panics. 34. t\I'PLlCAlIl.E I.A W: This I\greemenl shall be construed under the laws oflhe Commonwealth of Pcnns)'lvania and more speeilicall)' undcr the Divorce Code of 1980 lInd any amendments thereto. IN WITNESS WHEREOF, the panies hereto have sellheir hands and seals the datc and year first above \\Tiuen. - ;:) (SEAL) v/' -<" )~ WITNESS ~PA1 /-It&15- w. ESS ~E:,&~~ I (SEAL) -15- COMMONWEAL'll I OF PENNSYLVANIA COUNTYOF I)c''''fL.." ) lSS: ) On this,the /qf'-' day of !J;WWlWV ,2001. bel(lre me, a NOlary I'ublie, the undersigned officer, personally appearcd RONALD C. BEAM, knO\\11 to me (or satisfaclorily proven) to be the person whose name is subscribed to thc I(lregoing Property Scttlement Agreement and acknowledged that he executcd the samc for the purposcs thcrein eontaincd, IN WITNESS WHEREOF, I hereuntn sct lll)' hand and nflicial seal. ~<1~ q, ItWM~ Notary Public NOTARiAl SEAl DONNA ), KNISEI! NOTARY PUBlIC HARRISBURG, OAUPHIN COUNIY MY COMMISSION EXPIRES FEB, 16 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C.u..rneLTZLAn i) ) )SS: ) On this, theOl ,.sf' day of !JOIl(JJr\hR r ,2001, before me, a Notary Public, the undersigned officer, personally appeared ALETA M. BEAM, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~Il ~1H= N ry Public / Notarial S.sl Karen A. ShGriff, Notar" Publ!e Hnri(~b~'tl Daup~llr, C:Jun~ My Commlss.on E~plr~.;; Ma~~h 9. 2002 Member, Pennsyl'/m1:a N3ociatlcn:if r~~~rtas n .- ~;o ,- f;:; . , ri:';>' '-' ~! : , i;: c.; '';") " "'\,) <..: ". ~... -~ a !~.() ,. ;!... , - , tf~~ =;: I - .. -c - :_)' I, ;;,: ::...1 ~ "0 :u -< j I I I .; MARIA p, COGNETTI & ASSOCIATES MARIA p, COGNETTI, ESQUIRE Allomey J.D. No, 27914 210 Grandview Avenue, Suite 102 CampHiIf,PA 17011 Telephone No. (717) 909-4060 Allomeys for Defendant RONALD C. BEAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98-6346 CIVIL TERM ALETA M. BEAM, Defendant : CIVIL ACTION. LA W : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infonnation, 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: Service was accepted by the Defendant on the 10lh day of November, 1998, by certified mail, return receipt requested, receipt number P 160940410. 3, Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Ronald C. Beam, Plaintiff, on November 28,2001; by Aleta M, Beam, Defendant, on December 18, 200 I. 4. Related claims pending: Settled by Agreement dated November 21,2001.' ~,.. .. )~. (') 0 G c:: -" '- '-' .::.1 "'UU.I .., ct1~ ""lr:l " Z:n "" ""'1 :Z:C" <=> ",,;:J (I),,: ~ .:; , ?C' ".~C) ;,-::- :r~ .;:=H )'(") -~ ~-;?(~ Z -- :r;8 - ':jfn - -I ~ N ~ r" -< Johnson. Duffie. Stewart & Weidner By: Kcirstell W. Davidson J.D. No. 7R243 30] Markel Slrecl P. O. Box 1(1) Lcmoyne,l'enllsylvania 17043-0111') (717) 761-4540 I\ttllmeys t.,r Plaintiff RONALD C. BEAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 98- r;, 34~ CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. ALETA M. BEAM, Delendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. II you wish to delend against the claims set lorth in the following pages, you must take prompt action. You are warned that il you lail to do so. the case may proceed without you and a decree 01 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 pages 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. Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson. Duffie. SlewlIrl & Weidner By: Keirstcn W. Davidson !.D. No. 78243 30 I Markel Street p, O. Box )09 Lemoyne, Pennsylvania 17043-01(1) (717) 761-4540 Atlomeys 1111' Plaintiff RONALD C. BEAM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 98- (, '1 y~ CIVIL TERM v. ALETA M. BEAM, CIVIL ACTION - LAW IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(cl OR 3301(rt) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Ronald C. Beam, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Aleta M. Beam: 1. The Plaintiff is Ronald Beam, an adult individual, residing at 4 Charisma Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Aleta M. Beam, an adult individual, who is currently residing at 4 Charisma Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant were married on July 21, 1990, in Camp Hill, Cumberland County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. Johnson. I}ume. Slewllrl & \Veidm'r Ily: K.:iNcn W. Davidson 1.1>. No. 7S24J J()I Markct Street I'. O. Box 109 Lemoync, Pennsylvania 17()4J.oI0lJ (717)7l>1-4540 ^Ilorneys fllr Plaintiff RONALD C. BEAM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff v. NO. 98- CIVIL TERM ALETA M. BEAM, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDA vir RONALD C. BEAM, 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 Prothonotary's Office. which list is available to me upon request. 3. Being so advised, I do not request that the court require Ihat my spouse and I participate in counseling prior to a divorce decree being handed down by the court, 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 faisification to authorities. Date: II~h~ I //) J /L.,tk'~ / Ronald1Jl m - o f.:) ~I .-""\.J ' ..f" - ~ (' .,; ~ ....,.1 " ,\-> .. -...s r-J ""'"" I:; ; '--v ---....... ~ , -:1 ~ ,., -.:i ~'t' I , \,.J ''':' ~ '" '.-1 "" <.....'\ r-- ~\ :,' . , ~;.:l '" ... .......... ;.J W ~ - -..J - - '-"- ~0 ~ \" ()o. ~ "-". .-J , " "', " 11<, "',' _ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD C, BEAM, Plaintiff v. ) ) ) ) ) ) ) NO. ')8-6346 CIVIL TERM ALETA M. BEAM, Dcfcndant CIVIL ACTION - LA W IN DIVORCE PI.AINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under S3301(c) oflhe Divorcc Codc wus filcd on November 9, 1998. 2. Thc marriage of Plaintiff and Dcfcndunt is irrctrievably brokcn, and ninety days have elupsed from thc datc of filing and scrvicc ofthc compluint. 3. I conscnt to the entry of a final decrec in divorce uftcr service of notice of intetttion to request entry ofthc decrce. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330J(e) OFTHE DIVORCE CODE I. I consent to the entry of a finul decrec of divorce without notice. 2. I understand that I may lose rights conccrning alimony, division of property, lawyer's fees or expenses if) do not cluimthem beforc u divorce is grantcd. 3. I understand that I will not bc divorced until a divorcc decrce is entered by the Court and that a copy ofthe decrce will be sent to me immediutcly aftcr it is filed with the prothonotary. I verify that the stutemcnts madc above arc true and corrcct. I understand that false statements herein are madc subject to the pcnalties of 18 Pa.C.S. 94904 reluting to unsworn falsification to uuthorities. Date: II /;8J/ / I , Plaintiff ~ ~I ~;J ;I\! '\ . , .' " :' . ~ , (') a ~; :-) c: -: ':":J -0;-,', ;-'"; O"lf,- t-,; ~,.: :-:.' ". C': .......... (J) ~.: e::, -< f:: i.; ?~ -2.::c: , .0:-"-' , , ;t:-----" ",:: .~.) ~ :::! :;2 '" ~n ,:;:, -< \ Johnson, Duffie. Stewart & Weidner By: Keirstcn W. D.l\'idson 1.0, No, 78243 30 I Markct Strcct P. O. Box 109 LCll1oyne, Pcnnsylvuni.. 17043.0 I 09 (717) 761.4540 Attorneys for I'luintiff RONALD C. BEAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6346 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. ALETA M. BEAM, Defendant CERTIFICA TE OF SERVICE I hereby certify that on the 10'h day of November, 1998. that I served a true and correct copy of the Complaint in Divorce upon the Defendant, Aleta M. Beam, by certified mail, restricted delivery, to her mailing address at 4 Charisma Drive. Camp Hill, PA 17011, return receipt requested, attached hereto and made a part hereof. JOHNSON. DUFFIE, STEWART & WEIDNER Date: November 24,1998 BY:~L0.~ Keirsten W. Davidson : 11 eeee.e p 1LO 940 410 us Postal SOtVk:9 Receipt tor Certified Mail No Insurance Coverage PlcMded. 00 nol use for Intemaljonal Mail S06 ff}Verse 110 ' //1/ / Ii II. { ( ,,' I ,{ Slr",&N-~ t./ l'ljlil~"I,f Fl 'ft I Pusl OffICe, &a'e, &. lIP COde 1'1 > il,;/ / 'fl' /'1;"'/ Postage $ Celfi'*1 Fee Speaaf Delivery Fee Restl'lcted Delivery Fee '" , 81 Ref"", Rec~", Shoomg rd, ;: Whom & Dale Oeh'tlmd I' ~.....""",~.- . ~.U6:h$see'sAMess .' -')\.... g TOTAL Postage & Fees ~ g POSlmark or Dale .p f'10' FYI! 3 VJ 0. " /11 J.iJ' . , , , / ',: ~ 0- J -Complet. ~tr'II1 anellor 2 for addItIonaJ MMce.. . -Compel. "'111I3. 41. and 4b. I . PrlnI your name and address on the ,eve,.. of thl, 'ann 10 tIlIl we can r"um lhIl _Io",u, .Attach thIt form 10 the franc at the m.llp1ece, otoo the beck If space don not It '=~1Ium R~pt RflqUNI8d"on the mallplece btIow the al'licle number. ti 'The Return AecalpI wtlllhow 10 whom the article was deUvered and the dale c delivered. o J 3. Articl. Addr....d 10: r Aldt1 m. BUill ~ ~ III klSnl1l b,tivc CA/llp f/; /I, hI. /7011 I also wish to receive the following services (for an extra fe.): 1. 0 Addr....... Addre.. ~ 2. Dr R..trlcted Delivery ~ Consult po.tmaster for f... f 48. Article Number ~ /) / ,0 110 1-110 E 4b. Servlc. Typ. ! o R.glstered m Certified o Expre.. Msil 0 In.ur.d 01 " o Return Rece~lIor Merchsndlsa 0 COD ~ 7.D.teof{e~7 3> - i. 8. Addressee's Address ~ nly i TsqU9StBd i snd I..'. psJdJ (:. 102595,""B.{l179 Domestic Return Receipt f I .. MARIA p, COGNETTI '" ASSOCIATES MARIA P. COGNETTI. ESQUIRE Attomey 1.0. No. 27914 210 Orandvicw A venue, Suite 102 Camp Hill, PI. 17011 Telephone No. (717) 909-4060 Attorncv. for Defendant RONALD C. BEAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98.6346.CIVIL TERM v. ALETA M. BEAM, Defendant : CIVIL ACTION. LA W : IN DIVORCE AFFIDA vIr OF SERVICE I, MARIA P. COGNETII, ESQUIRE, do hereby certifY that a true and correct copy of the Interrogatories from Defendant to Plaintiff First Set and the Request for Production of Documents were served upon the Plaintiff by certified mail, return receipt requested, on the I" day of March, 200 I. The original signed return receipt, number P 902 067 204 is attached hereto and made a part hereof. Date: March 14,2001 By: 210 Grandview Avenue, Suite 102 CampHilI,PA 17011 Telephone No. (717) 909-4060 Sworn to and subs~bed befo(}1De t~ f..!:l!.!}, day of rr ,2001. Attorney for Defendant NotanoI SeeI ~~~"' My~ EJp/11lll MIlICh ~ 20(!? Member, PennSYNnnfa ASSOClf.1tklfl t..t Hl~1!'~:J ..... ....-:;rJ~..,- '.~' '..; . lHndlr: I{I;: "E^M V. BEAM MAlliA 1', CO(iNI[rn.ESc.IUIIlE MAlliA 1'. COliNETTl.I: ASSOCIATES 2111n!(ANIIVIEW AVENUE. STE 1112 CAMI' 1111.1.. PA 171111 7. 0810 or Delivery '~.H.' .~ 48. Artier, Number I' Q02 067 2()~ Service Type CERTIFIED ,jlil~IUHIJlHM~I~llml"UmIWm p 902 1I117 ~().t B. Addressee's Address l"li"--'WlIfrom"""SI~HdbYMTIdIHJ 3. ArllcleAddressed to: 'seCQ,;;ji;y"Aii,j;t,'u'r's;j,;;;'i'A'pi:"j'FiOQ;"'ip~.,."p-;r,j;'N'..i"y; 1l0Nfll.ll T. KISSINliEIl. ES~JUII(E IIOIVETT KISSINGEIl & CONELY 1311 WALNUT STI(EET I'.O.1l0XNIII IlAIlRISIlUIW I'A 17111N .ci.ijyii;y...A:iici;iii........................................................... .cii:i..................................... 'si.'i. ...........Zip.;.4.cii,jii iPS Form 3811, December 1994 IUSA4/99 CMF-088 ,,-._---.__._-_.~_._--,.-. ...._'--~._." DOMESTIC RETURN RECEIPT , RONALD C. BEI.M, Plaintiff IN TilE COUR'I' OF COMl10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V!j. NO. 98 - 63~6 CIVIL ALETA H. BEAJ.I, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ...., 11.-"" I / ~ ~ / I (~ day of ,c::\'L"i r" / ;';J'"u/~V . 2001, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated November 21, 2001, 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. BY THE COURT, Ge cc: Donald T. Kissinger Attorney for Plaintiff ~fl~~ )?.-J~-O 1 ~ Maria P. Cognettl Attorney for Defendant PROPERTY SETTLEMENT AGREEMENT BETWEEN RONALD C. BEAM and ALETA M, BEAM ~ Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONNELY, P.c. 130 Walnut Street P. O. Box 810 Harrisburg, P A 17108 (717) 234-2616 Maria P. Cognetti, Esquire MARlA P. COGNETTI & ASSOCIATES 210 Grandview Avenue Suite 102 Camp Hill, Pa 17011 (717) 909-4060 t!, :';i- '{'~ :.'2 ; :,:~.l, I Attorney for Ronald C. Beam Attorney for Aleta M. Beam ..,. TABLE or CONTENTS /leadi,,/: Pave I. Scparation 2 2. Interferencc 2 3. Agreement Not A Bar To Divorce Procecdings 2 4, Subsequent Divorce 3 5. Incorporation In Divorec Decree 4 6. Effective Date 4 7. Distribution Date 4 8. Mutual Release 5 9. Advice Of Counsel 6 10. Warranty As To Existing Obligations 6 II. Warranty As To Future Obligations 7 12. Personal Property 7 13. Real Estate - Division Of Proceeds 8 14. Bank Accounts 8 15. Savings Bonds 8 16. Distribution OfIndividual Retirement Accounts 9 17. Pensions, Annuities, And/Or Retirement Benefits 9 18. Motor Vehicles 9 19. After-Acquired Property IO 20. Counsel Fees 10 TABLE OF CONTENTS (contillued) Ifl'atlilll! l!Ju:f 21. Applicability Of Tax Law To Property Tral1~lcrs 10 22. Waivcr Of Alimony II 23. Effect Of Divorce Decrce II 24, Breach 12 25. Waiver Of Claims 12 26. Entire Agreement 12 27. Financial Disclosure 13 28. Agreement Binding On Heirs 13 29. Additional Instruments 14 30. Void Clauses 14 31. Independent Separate Covenants 14 32. Modification And Waiver 14 33. Descriptive Headings IS 34. Applicable Law IS I'ROPERTY SETILEI\1F.NT A(;REEI\1ENT f THIS AGREEMENT,made this~ day of ~_. 2001, by and between Aleta M. Beam, of Dauphin County, Pennsylvania (hercinalier referred to as "WIFE") ,md Ronald C. Beam, of County, Tennessee (hereinalter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on July 21,1990, in Cumberland County, Pennsylvania; and WHEREAS, there have been no children born of this marriage; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are de~irous of settling fully and finally their respective financial and property rights and obligations as bctween 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; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND; settling of all matters between them relating to the settling of any and all claims and possible claims by one against the other or against their respective estates. ~ ,~ r NOW, TIIEREFOI{E, in consideration oflhe premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby neknowledged by each of the pnrties hereto, I IUSI3AND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: I. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectivc!)' dccm fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2, INTERFERENCE: 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 may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be -2- available to either part)'. This Agreement is not intended Il> condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other part)' which have occnsioned the disputes or unhapp)' differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSE~UENT DIVORCE: The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce in Cumberland Count)' to Docket No. 98-6346, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the Illarriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(e) of the Divorce Code at the same time as they execute this Agreement. The parties hcreby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. ,'\; Should a decree, judgment or order of divorce be obtained by either ofthe parties in this " r~ f'.' divorce; and that nothing in any such decree, judgment, order or further modification or revision or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or <'. r'! :\' thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the if .ifc " " -3- \ 8. l\1l1TlIAL I{ELEASE: IILJSBAND and WIFE each do hereby mutually rcmise, release. quit-claim and f('rcvcr discharge the other and the estate of such other, for all time to come, and for nil purposes whatsoever, of and from any attd all rights, title and intcrest, or claims in or against the property (including income and gain from propcrty hereafter accruing) of the other or against the estate of such othcr, of whatever nature and whcresocver situated, which he or she now has or at any time hereaftcr may have against the other. the cstate of such other or any part thereof, whether arising out of any former acts, contracts, cngagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dowcr or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory ofthe United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fces, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever -5- nature arising or which may arisc undcr this Agrecmclll or till' the hrcach of any provision thereof. It is further agrecd that this Agrecmcnt shall hc and constitule a full and final rcsolution of any and all claims which e:tch of lhe parties may have against the other fill' c'Juit:thle division ofpropcrty, alimon)', counsel tees and expenses, :tlimony p<'nd<'III<'1i11! or any olher claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agrcement and its legal effect have been fully explained to thc parties by their respective counsel; MARIA P. COGNETTI, Esquire, for WIFE and DONALD T. KISSINGER, Esquire, for HUSBAND. HUSBAND and WIFE acknowledge that this Agreemcnt is not the result of any duress or unduc influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources ofincome and that they waive any specific enumeration thereof for thc purpose of this Agreement. Each party agrees that he or she shall not at any future time raise as a defense or otherwisc the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this -6- Agrccment. Each part)' agrees to indcmnif)' and huld the uther part)' Imnnbs IiII' and against any and all such debts, Iiahilities ur uhligatiuns uf cl'Cr)' kind \\hkh may have herctulilrc bccn incurrcd by thcm, including thuse for nccc,sitics, cxecptli,r lhe obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agrec that with the cxecption of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of thc other may be Iiablc. Each party shall indemnify and hold harmless the other party for and against any and all dcbts, ehargcs and liabilities ineurrcd by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. PERSONAL PROPERTY: The parties have dividcd betwcen them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will makc any claim to any such items which arc now in the possession or under the control of the othcr. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hcreby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property -7- which is in the possession of thc othcr, and which shall hceollle thc sole and separate property of the other fromlhe datc of execution hereof. 13. I{EAL ESTATE. mVISION OF J>IWCEEDS: Upon execution of this agreement, the procceds ofapproxilllutcly $123,273.47, from the sale oflhe marifal residence, shull be divided as follows: HUSBAND shall receive $44,200.00 and WIrE shall receive the remainder. Furthermore, HUSBAND agrees that WIFE shall be entitled to retain the proceeds from the Fleet mortgage escrow refund check in the amount of $2,631.83 and the State Farm insurance refund check in the amount of $629.12. HUSBAND agrees to sign any and all documents necessary to give effect to this paragraph within ten (10) days of being requested to do so. 14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 15. SAVINGS BONDS: HUSBAND agrees that any bonds held in WIFE's name alone shall become the sole and exclusive property of WIFE. HUSBAND further agrees that he shall have no further claim or interest in the aforementioned bonds and agrees that he will not assert any such claim in the future. -8- 16. /lISTIUIlIITIO:\' OJ.' 1:\'/lIVIJHJAL RETIJU:l\1ENT ACCOIINTS: HUSBAND and WIFE herehy aeknowlcdge and agrcc tlmt the parties shall rctain their rcspeetivc Individual Rctiremcnt Accounts as thcir scparatc property, free and clear from any cluim, right, title or interest Ott thc part ofthc othcr. HUSBAND and WIFE hcreby acknowledge that they have no further claim, right, titlc or illlerest whatsoevcr in thc other's Individual Retiremettt Account, and further agree never to assert an)' claim to the asset in the future. 17. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits, through his prescnt or past employers, shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits, through her present or past employer, shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrecs that he will not assert any such claim in the future. 18. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: -9- ~ 'l (a) The 11)')3 Saturn shall hc amI remain thc sole and exclusil'C property of WIFE; (h) The 11)95 Nissan Maxima shall hc and rcmain the sole and exclusivc property of HUSBAND. The titles to the said motor vehicles shall he exccuted hy the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement, and said r r. 1,- .... ,t executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective 19. AFTER-ACOUlRED PROPERTY: Each of the parties shall hereafter own and automobile. enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 20. COUNSEL FEES: Each party hereby agrees to be solely responsible for her or his own counsel fees, costs and expenses and that neither shall seck any contribution thereto from ~~ ".,.: ":' , :~ ;, , the other party except as otherwise expressly provided herein. 21. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this :~ -10- Agreement shall be within thc scope and applieahility of the Delicit Rt'duction Act of 11)84 (hercinafter thc "Act"), specifically, thc provisions of said Act pcrtaining to Ihe transfcrs of property betwecn spouses and former spouses. Thc partics agrce 10 sign and causc to he liIed any elections or other documents required by the Internal Revenue Serviec to render the Act applicable to the transfers set forth in this Agreemcnt without recognition of gain on such transfer and subject to the carry-over basis provisions ofthc said Act. 22. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowlcdge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may ,-1 now have or hereafter have against the other for alimony, alimony pendente /ire, spousal support i I,: !,' ;~~' ') and counsel fees, except as specifically provided for herein. 23. EFFECT OF DIVORCE DECREE: The parties agree that except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time }! 'I" I ,-' ';:. ~ !. ,Ii ,~ ~<i;. !(F~;.l rl,,: i 1'~~7 " , il.' ,I :1" I., i, ,I' as a final Decree in Divorce may be entered with respect to the parties. -11- 24. IJIU:ACI!: (fcithcr pany hrcachcs any provision oflhis AgrecJ1lcnt, the other party shall hllvc thc right, at his or hcr e1cction, to sue for danwgcs for such hrcueh or scek such othcr rcmedics or relicI' as may hc available to hi 111 or her, and thc party breaching this contract shall be responsiblc I<lr pa~'ll1cntof reasonable legal fecs and costs incurred by the other in enforcing their rights under this Agreement. 25. WAIVER OF CLAIMS: Except as herein otherwise providcd, each pany may dispose of his or hcr propcny in any way, and each party hercby waives and relinquishes any and all rights he or she shall now have or hereafter acquirc, undcr the prescnt and future laws of any jurisdiction, to share in the property or the estate of the other as a result ofthc marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 26, ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there arc no representations, warranties, covenants or undertakings other than those expressly set forth herein. -12- 27. FINA~CIAL )))SCLOSlJ)tE: The parties confirm that they havc relied on the completettcss and substantial accuracy of the financial disclosurc of the other as an induccmcnt to the execution of this Agreement. The partics acknowledge lhat they have conducted discovery in their pending divorce action and that Wife has filed an Inventory and Appraisement as requircd by Scction 3505(b) ofthc Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any intercst owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed assct, that party shall have thc right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incuITed by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 28. 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. -13- 29. ADDITIONAL INSTIUlMENTS: Each of the parties shall, from time to time, at thc requcst of the other, execute, acknowledge and deliver to the other any and all further instrumcnts that may he reasonably requircd to givc full force attd effect to the provisions Oflhis Agreemcnt. 30. VOID CLAUSES: Ifany term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, thcn only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid aod continue in full force, effect and operation. 31. 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. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only ifmade in "'Titing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. '1 -14- 33. UF.SCIUPTlVF. nF.ADlN(;S: The descriptive headings used herein are for conveniencc only. They shall havc no affect whatsocver in dctemlining thc rights or obligations of thc parties. 34. APPLlCABLF. LAW: This Agreemcnt shall be construed under thc laws of the Commonwealth of Pennsyh'ania and more specifically under the Divorce Code of J 980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. -0 r,;:.-./.c '- ~ WITNESS 0-- (SEAL) ~:,-t( / -JIw 15- ~E~~~ (SEAL) -15- VERIFICATION I, Donald T. Kissinger, Esquire, hereby swear and afliml that the facts contained in the foregoing Petition Raising Marital Claims arc true and correct to the best of my knowledge, information, and beliefbased upon infomlation provided by Plaintiff and from my own first- hand knowledge and that said facts arc made subject to the penalties of 18 Pa. C.S. ~4904 relating to unswom falsification to authorities. Plaintiff is outside (he jurisdiction of this Court such that his verification cannot be timely obtained. Date: ~/I'4Ai'/ t ( Donald T. Kissinger, squire ,:\ClIent DncIoIy\Ileln>AlpleldlnglUnvontory,wpd OcIobtr 31, 2000 MARIA P. COGNEITI & ASSOCIATES MARIA P. COGNEITI, ESQUIRE Attorney 1.0. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attornevs for Defendant RONALD C. BEAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98-6346-CIVIL TERM ALETA M. BEAM : CIVIL ACTION - LAW Defendant : IN DIVORCE VE..-P~ & ':::woe:Ji~'t ~ {)ppt1.kr S871>Jf- Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. L' ~ {ltcc;:--' , ~ ALETA M. BEA ,Defendant IlNIIbVlmlly IlWICllont Dirlc:tory'Belm-AlploldingIVnvento<y wpd DecombIr8,2ooo ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemize the assets on the following pages. (X) 1. (X)2. (X) 3. ( ) 4, (X) 5. (X) 6. ( )7. ( ) 8. (X) 9. ( ) 10, ( ) II. ( ) 12. (X) 13. ( ) 14, ( ) IS. ( ) 16. ( ) 17. (X) 18, (X) 19. ( ) 20, ( ) 21. ( ) 22. ( ) 23. ( ) 24. ( )25. ( ) 26, Real property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment tennination benefits-severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryN A benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) Other ~ 2 IlNtabVlmlly IIwlCllenl DlrectoryIS..m-Alpl.ldlngIUnvtnlory,wpd December 6. 2000 MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other persona as of the date this action was commenced: Item Number I. Description Names of of ProDerty All Owners 4 Charisma Drive Husband & CampHiIl,PA 17011 Wife (Property sold proceeds in escrow) 1993 Saturn Sedan Wife 1995 Nissan Maxima Husband Comlllerce Bank #0430061534 Husband Commerce Bank #0032080764 Husband Commerce Bank #0512079039 Husband Legg Mason IRA #363-71814 Husband Legg Mason IRA #363-04718 Husband Simple IRA Husband Simple IRA Wife Highmark Deferred Comp Husband PrinFlex Life Insurance Wife 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 3 IINttbVI/lllly IlWICllent Dlrtclory\lle.m-AIpIe.dlng.Unvenlory,wpd DIOImber e. 2000 13. Highmark Pension Husband 14. Highmark Pension Wife IS, Savings Bonds Wife 16, Savings Bonds Husband 17. Royalties from Songs Husband NON-MARITAL PROPERTY Item Number Description of Prooertv Reason for Exclusion Defendant lists all property in which a spouse has a legal or equitable ittterest which is claimed to be excluded from marital property: I. Legg Mason IRA #363-71428 Wife 2. Legg Mason IRA #363-04702 Wife "1, . !~ :'f; PROPERTY TRANSFERRED ;,i: Item Number Description of Prooertv Date of Transfer Person to Whom Transferred "i Consideration None 4 ~1CUWIllutytlrl'tlftlt~Itf'IfIto",' t ,.-.,.-........... ...,.., . . '1<}"~/6) ~ MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney 1.0. No. 27914 210 Gmndview Avenue, Suite 102 Camp Hill. PA 17011 Telephone No. (717) 909-4060 Attornevs for Defendant RONALD C. BEAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98-6346 CIVIL TERM ALETA M. BEAM, Defendant ; CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Aleta M. Beam, Defendant, by and through her attorney, Maria P. Cognetli, Esquire, files the following Pre-Trial Statement: I. II. III. IV. V. VI. VII. VIII. IX. TABLE OF CONTENTS Background Information Listing of Marital Assets and Debts Listing of Personal Property Listing of Non-Marital Assets Pensions income and Expenses Counsel Fees and Costs Expert Witnesses Non-Expert Witnesses ~ ~:~ :" '1, :.'; ~l :;, ''':;. .f! 'J if' ",,' .or ~ 'Il.HbW_"....-o..,.,.,..,...... .\...............--.... 1.~1 BIFURCATION PREVIOUSL Y RESOLVED ISSUES NIA None II. MARITAL ASSETS AND DEBTS The following is a listing of the marital assets and debts of the parties; ITEM NO. DESCRIPTION TOTAL VALUE HUSBAND'S POSSESSION WIFE'S COMMENTS POSSESSION I.A ;@iIEst8t~)... . 4 Charisma Dr. $117,342 Camp Hill Residence sold-value represents net proceeds escrowed escrowed 2.A 1993 Saturn Sedan 1995 Nissan Maxima $3,000 $3,000 2.B $10,100 $10,100 ;tlflt'rl~l~r~ ll.I~~:~lml~~t~!;' ~,il~ll\III~.11 3.A Commerce Bank $17,272 $17,272 #04300061535 3.B Commerce Bank $710 $710 #0032080764 3.C Commerce Bank $49 $49 #0512079039 3.0 Mellon Savings $8,280 #0410162494 3.E Mellon $2,102 Checking #0512101486 value as of 10/98 value as of 10198 value as of 10/98 $8,280 value as of 10/98 $2,102 value as of 10/98 lUlWo'l-..tt '-.."..~..._"........................ ITEM DESCRIPTION TOTAL IIUSIJAN()'S NO. VALUE POSSESSION 4.8 Legg Mason $29,245 $29.245 IRA #363-04718 4.C Legg Milson $3,845 IRA #363.71428 4.D Legs Mason $81.773 IRA #36371813 4.E Legg Mason $29,850 IRA #363-04702 4.F Simple IRA $16.504 4.0 Highmark Defd $2.798 $2,798 Compo 4.H Highmark $34,515 $34,515 Pension 4.1 Highmark $18.715 Pension tltlillili1[ :jI11I~~~:~i;})~~1 6.A. Prin Flex 7.A Royalties from Unknown sonswriting Unknown III. LISTING OF PERSONAL PROPERTY ITEMS RETAINED BY WIFE DESCRIPTION There is no dispute between the parties as to the division of personal property ITEMS RETAINED BY HUSBAND DESCRIPTION There is no dispute between the parties as of the division of personal property ,,,..., WIFE'S COMMENTS POSSESSION value as of 10/98 $3,845 value as of 10/98 $81.773 value as of 9/00 $29,850 value as of 9/00 $16,504 value as of 9/00 value as of 10/98 $18,715 VALUE VALUE ~""I'-"C1...Dtr~.".p1""""'"",,,,,,,,,,,,,,,,,, IV, LISTING OF NON-MARITAL PROI'ERTY The following is u listing of the non-marital assets oflhe parties; No. Description Savings Bonds Uasis of Exclusion Owner I. Property of Defendant and Defendant's daughter daughter V. PENSIONS The following is a listing of the pensions of the parties; PARTY Husband DESCRIPTION Legg Mason IRA #363-71814 Legg Mason IRA #363-04718 Highmark Def"d. Comp Highmark Pension Legg Mason IRA #363-71428 Legg Mason IRA #363-71813 Legg Mason IRA #363-04702 Simple IRA Highmark Pension Wife VI. INCOME AND EXPENSES The following is a listing of the income and expenses of the parties: PARTY DESCRIPTION AMOUNT Husband Gross Monthly Income Net Monthly Income Monthly Expenses Unknown Unknown Unknown "'."" \1h.....,...,~~.A.........'fl'..... ........ ,,,.,., '( , PARTY Wifc DESCRIPTION AMOUNT Oross Monthly Income Net Monthly Income Monthly Expenses $9,051.47 $5,769.27 $4,450.50 VII. COUNSEL FEES :t The following is a listing of the counsellccs and expenses incurred, or to be incurred by " the parties: .,i Counsel Fees Costs Anticipated Fees and Costs Unknown Unknown Unknown PARTY Husband DESCRIPTION DATES AMOUNT ~~ '-, 1) Wife , :,i Counsel Fees Costs Anticipated Fees and Costs $5,289.82 $59.33 $7,500.00 VIII. EXPERT WITNESSES The following is a listing of the anticipated experts who. will be called to testify in this case: NAME SUBJECT TO TESTIMONY A Pension Appraiser A Royalty Appraiser Valuation of each parties' Highmarkpension Valuation ofPlaintitI's royalties .... \'Httlrhmlfy t....'\(ltrflllllrtC1Ofl''JtWII 1\'p/.W,IIi1.1'plftlllllLl..........."" "'.., NO. DESCRIPTION 7 Valuation of Jlighmark Pensions 8 Slatemcnts of account from Highmark Defd. Compo 9 Statements of account from Prin Flex Life Ins. 10 Plaintiffs Tax Returns for tax years 1998, 1999 and 2000 II Valuation of Royalties If additional exhibits are identified, Defendant reserves the right to submit additional Exhibits upon proper notification to Plaintiff. XI. PROPOSED RESOLUTION A. EQUITABLE DISTRIBUTION Defendant proposes a fiftylfifiy division of the marital property. B. ALIMONY Neither party has made a claim for alimony. C. COUNSEL FEES AND COSTS Neither party has made a claim for counsel fees. - COMMONWEALTII OF PENNSYI,VANIA COUNTY OF CUMBERLAND SS: RONALD C. BEAM, Plaintiff IN TIlE COURT OF COMMON I'LEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. ALETA M.BEAM, Defendant NO. 98.6346 CIVIL TERM MOTION FOR APPOINTMENT OF MASTER AND NOW, comes the undersigned attorney for Defendant and eertilies to the Court that the above action in Divorce 15 at issue: that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment of a Master. The following matters are at issue between the plaintiff and the defendant: (X) Grounds for divorce; ) Alimony Pendente Jile, ( ) Support; Counsel fees; ( ) Alimony; ( ) Paternity; (X) Equitable distribution of ( ) Custody; property: ( ) Other Service of the complaint was made on the above named defendant on Unknown. No Affidavit ofSeNite on ~ An appearance on behalf of the defendant has been entered by Maria P. Cognettl. The following attomeys have been interested in other mallers arising between the plaintiff and defendant: Although he has not entered his appearance in this maller, Defendant's attorney has been notilied by Donald T. Kissinger, Esquire that he is now representing the Plaintiff. Contest indicated. l1.rtLea MARIA P. CO EITI, SQ AlIorney for Defendant AND NOW, ~~A..J/OZ .2000, 8~d rb~ . Esq., is hereby appointed Master in this proceeding to hear the testimony and return the record and a .transcriptto the Court together with report and recommendation. BY THE COURT: r~ 11),00 I ~- ,. ~'0 ! , Ii J. ,,{'j", .-, ( ,; -' '.)1/,;W OJ nr.c 12 1,;111: 211 CU:I'~:XJ 'iL",;~ :;()Ui'~iY PEc~~~SYI.V/..N~\ Length of Residency in Pennsylvania: Not a resident at this time Educational Background: Bachelor of Ans, Certified Public Accountant Wife Name: Aleta M. Beam Address: 609 Showers Street, Harrisburg, Pennsylvania Age: 46 Date of Birth: July 29, 1954 Place of Birth: Pennsylvania Social Security Number; 183-46-9644 Health; Good Employer; Kairos Health Systems Occupation; President Length of Residency in Pennsylvania: 22 years Educational Background: Master's Degree (b) Children of the Marria!!e. No children were born of this marriage. (c) Marria!!e Information. Date of marriage; July 21, 1990 Place of Marriage: Camp Hill, Pennsylvania Date of Separation; October 22, 1998 (d) Prior Marria!!es. Both Husband and Wife have had one prior marriage. (e) Children of Other RelationshiDslMarria!!es, Wife: One, who is emancipated Husband; Two, both of whom are emancipated i , I I ! I , I , .1 I I (I) Proceed I n e~JDJ9nIUUI1111. Date Complaint Filed. !';o"Cmher <J. 1'/lIS Manncr of Service: Certified Mail Issues Raised: Divorce. "'Iuililhil' lJistrihlllillll. Alimony, Alimony I'clld.'III,' I.lfc. and (''''"IS,'1 Fees, Costs and Expenses II. ASSETS A. MARITAL ASSETS ANY PORTION TITLE! tMTEOI' NON. LIENS OR # ASSET POSSESSION V AWt: v AI.lIATlON MARITAL ENCUMBRANCES I -l Charisma Dr. JOInl SIIM,I(17 DOlle fClldcl1\'(",as No Nonc Camp Hill, PA \ulll.(: prnt:('cJ\ flul mlots"uw 2 1993 Salum Wire 5J.IK~) CUrTe1l1 No None automobile: 3 1995 Nissan Ifusband SIO,IOO CUfTenl No None Maxima aUlomobile 4 Commerce Bank Ilusbaml S7,272 la/f)K Yes None Savings Account #04300061535 5 Commerce Bank Ilusb.mll 5710 10/95 No None Checking Account #0032080764 6 COmJll(fCe Bank Husband Soil) 10/98 No None Checking Account #0512078039 7 Mellon Bank Wire: 58.250 10/98 No None: Savings Account #0410162494 8 Mellon Bank Wire: S2,102 10/98 No None: Checking AccounI #0512101486 9 legs Mason IRA Husband 574,87J 10/98 Yes None #363.71814 10 LeSg Muon IRA Husband 527.144 10/98 Yes None #363'()47J 8 II leaS Muon IRA Wire: 53.845 10/98 No None #363.71428 12 !.e8B Maso" IRA Wire $49.371 10/98 Yes None #363.71813 IJ I.egg I\bson IN.,\ W,le SI7,7HI 1O,9M No None #)6).Q.l70l 14 In Source: SEP IR.\ Wife: SI..!,.)?I IOIJS No None IS Jlighmark Ocferrcd Ilusb;amJ Sb61J IO,l)S Yes None Compcn5.1tion 16 Ilighmark Pension Ilusband To be CUrTCIll Yel None pruudcd 17 IligrTtlrk Pc:nsion Wt(1,' To be: Current Yes None provided 18 Prin Flex life: Wife 52.176 10/98 No None Insur.ancc 19 Savings Bonds Wife Sl.8S4 10198 No None 20 Household Joint 51l.710 Current No None Furnishings B. NON-MARITAL ASSETS # ASSET VALUE DATE OF LIENS OR V ALUA TlON ENCUMBRANCES Non.marital portion ofCommcrcc To be provided Current None Sa.vings Bank account 2 Non-marital portion of LeSg Mason IRA To be provided Current None #l6l.71814 3 Non.marit:al portion orLegg Mason IRA To be provided Current None #l63.().1718 4 Non-marital portion of Legg Mason IRA To be provided Current None #l63.71428 5 Non-marital portion of Highmark Pension To be provided Current None 6 Non-marital pornon of Highmark To be: provided Current None Deferred Compensation III. EXPERT WITNESSES, Plaintiff reserves the right to call a pension valuation expert if necessary. Plaintiff reserves the right to call additional expert witnesses, both on direct and rebuttal, upon proper notification to Defendant. IV. OTHER WITNESSES OTHER THAN PARTIES. None. V. LIST OF EXIIIIUTS. I. Statcments from Commcrcc Bank and signature cards thereon; 2. Statement accounts from Mcllon Bank; 3. Slatcmcnt accounts from Legg Mason; 4. Valuation of High mark Pcnsion; 5. Statements of account and calculation of marital portion from Highmark Deferrcd Compensation; 6. Plaintiffs 2000 tax return; 7. Listing of household pcrsonally and furnishing 8. Counsel fees exhibit 9. Income and Expense statemcnt Ifadditional exhibits are identified, Plaintiff reserves the right to submit additional exhibits upon proper notification to Defendant. VI. INCOME AND EXPENSES. Monthly income: $250 Monthly expenses: $2,500 Plaintiff currently is self-employed as a songwriter and does not receive a consistent stream of income therefrom. Presently he is living off of savings and borrowed money. His 2000 tax return and an Income and Expense statement will be introduced as an exhibit at trial. VII. PENSrON OR RETIREMENT BENEFITS. See Marital Assets Chart above. VIII. COUNSEL FEES. Counsel fee exhibit will be provided to Defendant with other exhibits in advance of trial. IX. PERSONAL PROPERTY. See Marital Assets Chart above. There is no dispute between the parties as to the division of personal property. X. MARlT AL DEBTS. None. XI. PROPOSE!> RESOLUTION Plaintiffproposcs thc following resolution: Equitable Distribution. Proposcd 55%.45% division ofmaritlll property in favor of Plaintiff. Alimonv. Defendant shall pay Plaintiff alimony in the amount of Fiflcen Hundred Dollars ($ 1,500) per month. Counsel Fees and Costs. Defendant to pay counsel fees as dccmed reasonable by the master. Res Date: loll? Iv 1 lIy submitted!.> ./. .. .~ ~=' .-;//~ Donald T. Kissinger, Esq Ire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Ronald C. Beam IN THE COURT OF COMMO:o.l PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD C. BEAM, Plaintiff v. ) ) ) ) ) ) ) No. 98-6346-CIVIL TERM ALETA M. BEAM, Defendant CIVIL ACTION. LA W IN DIVORCE CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Ronald C. Beam, Plaintiff in the above. caplioned action, hereby certify that a true and correct copy oflhe foregoing Plaintiffs Pretrial Statement Pursuant 10 Pa. R.C.P. 1920.33 was served upon Maria P. Cognelti, Esquire, counsel for Defendant, Aleta M. Beam. by depositing same in the United Slates mail, first class, on June 15,2001, addressed as follows; Maria P. Cognetli, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue Suite 102 Camp Hill, PA 1701 I Date; IJ1.I.JCl\ ==,.~/ /~--'=:. 6' Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PAl 7 I 08 Telephone: 717-234-2616 Counsel for Plaintiff, Ronald C. Beam Lcngth of R~'sidcncy inPcnnsylv;lIliil: Not iI resident :Illhis tilllc Educiltion:11 Bilckground: Bilchclor of Arts. Ccrtilicd Puhlic Accountilnt Wife Nmnc: Aleta M. Bemn Addrcss: 609 Showers Strcet. Ilarrisburg, Pcnnsylvania Age: 46 Date of Birth: July 29, 1954 Place of Birth: Pennsylvania Social Sccurity Number: 183-46-9644 Hcalth: Good Employer: Kairos Health Systems Occupation: President Length of Residency in Pennsylvania: 22 ycars Educational Background: Mastcr's Dcgree (b) Children of the Marrial!e. No children wcre born of this marriage. (e) Marrial!e Information. Date of marriage: July21, 1990 Place of Marriage: Camp Hill, Pennsylvania Date of Separation: October 22, 1998 (d) Prior Marrial!es. Both Husband and Wife havc had one prior marriage. (e) Children of Other RelationshiDs/Marrial!es. Wife: One, who is emancipated Husband: Two, both of whom are emancipated (I) I'rorrrdlnl!s Informllli"n, Dale Complaint Filed: November 9, 1998 Manner orServiee: ('el1ilied Mail Issucs Raiscd: Divorce, Equilablc Distribution, Alimony, Alimony Pelldeme Ule, and COllnsel Fees. Costs lInd Expcnscs II, ASSETS A. MARITAL ASSETS ANY PORTION TITLE! DATE OF NON- LIENS OR # ASSET POSSESSION VALUE VALUATION MARITAL ENCUMBRANCES I 4 Charisma UT< Joint SIIK.I67 Dale residence: was Nu None CampJlill,llA sold & proceeds PUI inln cscruw 2 1993 S:llum Wile S3.000 Curren I Nu None ilulomobilc 3 1995 Nissa" Ilusband SIO.IOO Current Nu None Maxima automobile 4 Commerce: Bank Ilusband S7,272 10/1)8 Yes None Savings AccounI 004300061535 5 Commerce Bank Husband S710 10/98 Nu None Checking AccounI 00032080764 6 Commerce Bank Ilusband $4') 10/98 Nu None Checking Account 00512078039 7 Mellon Bank Wife 58,280 10/98 No None Savings Account 00410162494 8 Mellon Dank Wile S2.102 10/98 No None Checking Account 00512101486 9 Legg Mason IRA llusband S74.873 10/98 Yes None #363-71814 10 legg Mason IRA Husband S27.144 10/98 Yes None 0363-0471 8 II legg Mason IRA Wire S3.845 10/98 No None 0363-71428 12 legg Mason IRA Wire $49.371 10.'98 Yes None 0363-71813 IJ I C'illtMiI\unII(A W.k 'U1,7MI Ill"" Ntl Nunc ..1!1.1~1~7U.! 14 In SIJUI~'(' SII'IK^ Wtl~ HU'I' 10 'n'! Nu S'IIIe' Il II'ICh,"..,k ''':kllt',1 Ilu~h.UlJ \1,11" WI'!,! y".. Nnll~' ('ulllprn\OIlltm If, IlillhmarLI'(,II\hlll Ilu~hJllJ Illhc ('ulfl,'lIl Y('\ NunC' rll11\hkJ 17 . "Killin\; I'l'n~llln Wife 11Ih4.' Cunenl "1.'S Nllnc Ptll\lJrd 18 l'rin 1;1('\ I.I(e Wile S2.J7t, In'lJK No NunC' Insur:ln('l;' 19 Sa\'ings floods \\,'111.' S.l,K5-1 1(J,l)X Nil Nunc 20 Ilou!iC'huld JOIn! SI.1.7111 ('urrcllt Nu Nunc I:umishings B. NON-MARITAL ASSETS # ASSJ:T VAlIJl; IlATI;OF L1I;NSOR V AWATIIlN I;NCUMDRANCr;s Non.n16lriltll pollion or ('ummel!:!: Tn be pru\ldl,'d CUtrenl None Savings Bank account 2 Non.marital ponitln of I.c!l8 Maslin IRA Tu be pw\'idcd Current Ntlnc #J6J-71814 J Non-marital portion of Legg Mason IRA Tn be pro\idcd ('urrent None #J6J-1J.l718 4 Non-marital portion of Legg Mason IRA To be prm'idcd ('urrenl None #J63.71428 S Non-marifal pOrlion of llighm:nk "cnsion To be pro\"ilfclf Curren! None 6 Non-marital parlion orJlighmark To be pnwidelf Current None Deferred Compensation III. EXPERT WITNESSES. Plaintiff reserves the right to call a pcnsion valuation expert ifnecessary. Plaintiff reserves the right to call additional expert witnesses, both on direct and rebullal, upon proper noti fication to Defendant. IV. OTHER WITNESSES OTHER THAN PARTIES. None. RONALD C. BEAM. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98.6346 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Plaintiff v. ALETA M. BEAM. Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: ANO NOW, this cr4 day of Jt1'J.u-,h , 2001. effective July 19, 2000. withdraw thEe appearance of KEIRSTEN W. DAVIDSON, ESQUIRE, as attorney for Plaintiff. Ronald C. Beam, in the above- captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER BY:~ Keirsten W. Davidson Attorney 1.0. No. 78243 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: AND NOW, this I P< day Of~, 2001, effective July 19, 2000, enter the appearance of DONALD T. KISSINGER, ESQUIRE, as attorney for Plaintiff, Ronald C. Beam, in the above- captioned action. HO ISSING CONLEY, P. By: Donald T. Kissinger Attorney I.D. No. 130 Walnut Street Harrisburg, PA 17101 :136547 . ~ RONALD C BEAM I'lainlil1" I N TilE COUHT or COMMON Pl.EAS OF CUMIlEHI.ANO COUNTY. PENNSYI'vANIA CIVIl, ACTION LAW 98 - 6346 VS. ALETA M BEAM NO. CIVIL 19 IN DIVOIICI; Defendant STATUS SIIEET ACTIVITIES: .' HON^"fJ C. BI';N~, P!i1inli fl IN TlfE COUHT OF COMMON PLEAS OF CUMBEHLAND COUNTY, PENNSYLVANIA v::.. NO. 98 - 6346 CIVIL ALETA r~. BEN~, lJet"lldillll IN fJ!VOHCE TO: Donald T. Kissinger Attorney for Plaintiff Maria P. Cognetti Attorney for Defendant DATE: Friday, December 22, 2000 CERTI FI CATI ON I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide ~pproxim~te d~te when discovery will be complete and indicato what action is being taken to complete (jiscovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. DLA HONAf,J) C. BE}\J~, 1'1.) i nli ff 'r) 'i,.., 1N TilE COURT OF COMMON PLEAS OF CUMBf:I<LAND COUNTY, PENNSYLVANIA vs. NO. 98 - 6346 CIVIL ALE'J'A M. BEllM, Defendanl IN DIVOHCF. TO: Donald T. Kissinger , Attorney for Plaintiff Maria P. Cognetti Attorney for Defendant DATE; Friday, December 22, 2000 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Documcntation on Husband's incomc from his song writing business. RONALD C. BEAM , Plainti ff IN TilE COUR'I' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL AC'I'ION - LAW ALETA M. BEAM. Defendant NO. 98 - 6346 CIVIL IN DIvonCE NOTICE OF PRE-HEARING CONFERENCE TO: Donald T. Kissinger Attorney for Plaintiff Maria P. Cognetti Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 18th day of June 2001, 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: 4/19/01 E. Robert Elicker, II Divorce Master Donald T. Kissinger, Attorney for Plaintiff, has not filed a pre-trial statement as of the date of this notice. Maria P. Cognetti, Attorney for Defendant, filed a pre-trial statement on March 28, 2001. (b) Provide approxlmdte ddte when discovery will be complete and indicdte what dction is being taken to complete discovery. Interrogatorics allll a Requcst li,r I'roduction of Documcnts willl1c sent to IInsl1and's allorncy. Dcfendanl will nccd approximatcly 4S to complclc discol'cry. j~/C-71 . DATE ( l (Xl NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLj,;TE, A DII{ECTIVE TO FILE FRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. \:. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. , ~' ~ ~ i !' r:' ~" RONALD C. BEAM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 98-6346 CIVIL TERM CIVIL ACTION - LAW Plaintiff v. ALETA M. BEAM. . , IN DIVORCE . Defendant PRAECIPE TO WITHDRAW APPEARANCE .. ~"j .; -" ,<\ TO THE PROTHONOTARY: AND NOW, this a:r4. day of JY'rlU"YJ . 2001. effective July 19. 2000, withdraw the appearance of KEJRSTEN W. DAVIDSON. ESQUIRE, as attorney for Plaintiff, Ronald C. Beam, in the above- captioned action. JOHNSON, DUFFIE. STEWART & WEIDNER BY:~~_ Keirsten W. Davidson Attorney 1.0. No. 78243 301 Market Street P.O. Box 109 Lemoyne. PA 17043-0109 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: AND NOW, this I j!< day Of~. 2001, effective July 19. 2000. enter the appearance of DONALD T. KISSINGER. ESQUIRE, as attorney for Plaintiff, Ronald C. Beam. in the above- captioned action. HO ISSING CONLEY, P. By: Donald T. Kissinger Attorney 1.0. No. 130 Walnut Street Harrisburg, PA 17101 :136547 MARiA P. COGNETTi & ASSOCIATES Allorne)'s and Corlll.ve/ars ut Luw Practice Limited ta Matrimonial Law Maria P. Cognelli . Auorncy 1I1.IW Michaele D. Alearo Al10mey at Law .fcllow.Amcncan Academy or M.Ulmomall.awycr1 Karen A. Sheriff I'lllalcgal March 26, 2001 E. Robert Elicker, II, Divorce Master Cumberland County 9 North Hanover Street Carlisle, P A 17013 RE: BEAM V. BEAM Our File No, 13 Dear Mr. Elicker; Enclosed please find Defendant's Pre-trial Statement. Please schedule a pre-trial conference at your earliest convenience. Thank you for your attention to this matter. M Maria P. MPC/lk Enclosure cc: Aleta M. Beam (w/encl.) Donald T. Kissinger, Esquire (w/encl.) 210 Grandview Avenue, Suite 102 . Camp Hill, PA 17011 Telephone (717) 909-4060 . Fax (717) 909-4068 E-mail CognelliLaw@aol.com loA" OHKU 01 1I0WETT, KISSINGER & CONLEY. p,c. 1)0 W ALNUTSTREH POST OFFICE BOX 810 U"IRIUiUlU, PfNHSYIY""'I" 17101& JOliN C 1I0WITI. JK. IXJN^1.Il1 KISSINOIK CINIlY S ('ONLEY Il^KKEN J 1I0l.SI (711)2)4.2616 FAX (117) 2)4.S402 IlHIK^ M SIUMI' l.ego,1 ^~!ioi\tanl March 20. 20111 E. Robert Elicker. II. Divorce Master Office or Divorce Master Cumberland County Court olTommon Pleas 9 North Hanover Street Carlisle, PA 17013 Re: l!eel/II \'. B(,II11/ No. 98.63./6 Ol'il / III /)i1'lIre(' Dear Mr. Elickcr: I confinn ~hatl am. in ract. rcprescnting Ronald Beam in the above-rercrenced mallcr. Encloscd at this time plcasc find a copy orthe praccipe withdrawing Keirstcn Davidson's appearance and entcring minc in the case. Upon reccipt of your February 21 dircctive, Muria Cognelli and I each procceded to scrve Interrogalorics and Rcqucsts ror Production on the other. Although substantial voluntary discovery has occurred sincc lhe commencement of my involvement in the case last summer, and significant sclllemenl discussions have been conductcd. no rormal discovery had bccn conducted as of the date oryour directive. I have no rcason to bclicvc thai discovery will not be completcd in a fashion that will not dclay these proceedings. By letter datcd March 15. which arrived inlhis office today, Allorney Cognelli provided thc last piecc of voluntary discovcry previously requestcd but not yel rcceivcd. We will file a discovery ccrtilication aller the currently pending discovcry has bccn completed, but wc requesllhat such discovery not serve to delay the schcduling ofa pre-hearing conference. Attol11ey Cognclli's Interrogatories and Requcsts ror Production arrivcd in this officc on March I. and my like documcnts wcre mailed to Allorney Cognelli on March 2. Sinccrcly, ......~.. ~--~:'\......<..:.-.:~ .':"" .,,~...- ,." "-:::::Ii::: I""I\"'Y"I~"'" -' ,J o Donald T. Kissingcr DTKldms Enclosures cc: Maria P. Cognclli, Esquire (w/encl) Kcirstcn W. Davidson, Esquirc (w/cllcl) Ronald C. Bcam (w/cnd) ~k OFFICE OF DIVORCE MASTER CUMOHlI.ANO COllN I Y COllRr or r.OMMON PI LAS 9 North Hnnover Slreel Ca,hslt,.I'^ 17013 (717)2406535 E, Robert Elicker, II Divorce Mastor Traci Jo Colyer Olllee Manager/Reporler West Shore 697.0371 Exl 6535 February 21, 200 I Keirsten W. Davidson Attorney at Law JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Maria P. Cognetli Attorney at Law 210 Orandview Avenue Suite 102 Camp Hill, PA 17011 RE: Ronald C. Beam vs. Aleta M. Beam No. 98 - 6346 Civil In Divorce Dear. Ms. Davidson and Ms. Cognetti: In December we sent documents, asking counsel to certify that discovery is complete, to attorney Kissinger and attorney Cognetti. Although attorney Davidson is the counsel of record, apparently we had some information leading us to believe that Mr. Kissinger was involved in this case. To date, neither Ms. Davidson has withdrawn her appearance nor has Mr. Kissinger entered his appearance. Consequently, I am going to proceed on the basis that counsel have not changed since the original filing of the complaint. Attorney Cognetti had indicated, by filing her document certifying discovery, that discovery would be complete within 45 days of January 5, 200 I. Mr. Kissinger has not filed a certification document regarding discovery which I expect is based on the fact that he is not involved in the case; we did not send a certification document to Ms. Davidson. In any event, I am going to proceed with a directive for filing of pretrial statements. I am not going to deal with any discovery issues in the process of this case as counsel have had adequate time to complete discovery regardless of who is involved in the case for the Plainti ff. MARIA P. COGNETTI & ASSOCIATES Attorne)ls and Counselors at Law Practice Limited /0 Matrimonial Law Maria P. Cognelti . AtlorM)' at Law Il. Allison Wright A\1Dmcy .. LIW .Fcllow-AmcriciUl Academy of Matrimonial Lawyers Karen A. Sheriff Itlllltsal January 5, 200 I E. Robert Elicker, II, Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 RE: BEAM V. BEAM Docket No. 98-6346 Dear Mr. Elicker: Enclosed please find Defendant's Discovery Certification. Should you have any questions, please do not hesitate to contact me. Thank you for your attention to this matter. Ity,..c~ Ma~~gnelt0 MPC/kas cc: Aleta M. Beam Donald T. Kissinger, Esquire 210 Grandview Avenue, Suite 102 . Camp Hill, PA 17011 Telephone (717) 909-4060 . Fax (717) 909-4068 E-mail CogneltiLaw@ao1.com MAIUA P. CO(,NE'n'l & ASSOCIATES AI/orne}'.\' and COlIIl.\'e1or.f a/I.illl' I'ruelle,' I.iml/ed /0 Ma/rlmonlal Law Maria P. Cognelti. Attorney a.l.aw Karen A. Sheriff 1'lra1'.11 .Fc:llow. American ^cudc:my ur Malrimoni.ll.nw)('D Candilh Y./1iI1 IllIIolcaal October 22, 200 I E. Robert Elicker, II, Divorce Master Cumberland County 9 North Hanover Street Carli sic, PA 17013 HE: BEAM V. BEAM Docket No. 98-6346 Our File No. 13 Dear Mr. Elicker: After several months of trying to resolve this matter, the parties have been unable to reach an agreement. Therefore, I would ask that you schedule this matter for hearing at your earliest convience. Should you have any questions, please do not hesitate to contact me. Thank you for you attention to this matter. MPClmmm cc: Aleta Beam Donald T. Kissinger, Esquirc 210 Grandview Avenue. Suite 102 . Camp Hill, PA 1701 J Telephone (717) 909-4060 . Fax (717) 909-4068 Email CogneltiLaw@aol.com .tf MAIUA I', COGNET'I'I & ASSOCIATES MARIA P. (,OGN~:'I"I'I, ESQ(IIIl~: Allomcy J.D. No. 27914 210 Orandl';e", 1\ \'ClIlIe. SllIle 102 Camp lIilJ.l'^ 17011 Telephone No. (71" J 'JOI).40C,O Attorneys f2,r Dcl~t... RONALD C. BEAM, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PI:NNSYLV ANIA v. : NO. 98-(,346 CIVIL TERM ALETA M. BEAM, Dcfendant : CIVIL ACTION - LA W : IN DIVORCE !,R"UTl~F FO~ W!T!!DRA ~'.\!JENTP.Y OF '\!'PE:\RA~.;n: TO TilE PROTIIONOT ARY: Kindly withdraw my appearancc on bclmlf of Aleta M. Beam. the Dcfendant in the abovc-captionceJ mattcr. Respcctfully Submittcd: MARIA P. C TI ASSOCIATES Datc: Junc 10, 2003 By: '1'1'1, ESQUIRE Atlorncy 1.0. No. 914 210 Grandvicw A venue, Suite 102 Camp Hill, PA 17011 Telcphone No. (717) 909-4060 Attorney for Dcfendant TO THE PROTHONOTARY: KlIldly enter my appcarance as pro se in the abovc-captioned mallcr. a~ Aleta M. Beam" efendant 609 Showers Strcct Harrisburg. PAl 7 I 04 (717)238-3939 (') c::~, (.) C t.) '"'T'! ~: ., "Du' M)!," :;---: , ~ i' ,,) ;:;.i C/) .. t/ ~: ':j J:T . 'I _~. ~.'. ." ...;:., :J~ :(=j r.::. ;_. ~'I.-r: ~t, G) ""f .r:;. ::0 .~ -., ::~ - CTl ", " 6. l11e Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 7. Defendllnt's income is nut suflieientto provide I(lr her reasonuble needs !lnd to pay her attorneys' fees und the cost of this litigation and she is unable to appropriutely maintain hcrse1f during the pendency of this action. 8. Plaintiff has adequate cumings to provide for thc Defendant's support and to pay her counsel fees, costs and expenses. 9. Defendant lacks sufficient property to provide for her reasonablc needs. 10. Defendant is unable to support hcrselfthrough appropriate employment. I I. Plaintiff has sufficicnt ineomc and assets to providc continuing support for the Defendant. Wherefore, Defendant, Aleta M. Beam. respectfully requests this Honorable Court to enter an Order directing the Plaintiff to pay Defendant Alimony, Alimony Pcndente Lite, as well I as Counsel Fees and Costs. Respectfully Submitted; MARIA P. COGNETTI & ASSOCIATES Date: June 11,2001 lite By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (7 17) 909-4060 ;;il.:' I.~~ I'~' I I i" Attorney for Defendant CF.RTIFICA TF. OF SF.I~VICF. I, Maria P. Cognelli, Esquire. Allorney for Defendant herein, do herehy certify that on this date I served the foregoing Petition for Alimony, Alimony Pendente Lite, Counsel Fees IInd Costs by depositing a true and eXllcl copy thercof in the United Stales mail, first e1I1SS, postage prcpaid, addressed as follows; Donald T. Kissinger, Esquire Howell, Kissinger & Conley 130 Walnut Street Harrisburg, PA 17101 r ,. ~. 1 .A Dated: 6( ( !o I ldac. Maria P. Cognelli, sq re Sup. Ct. !.D. #2791 210 Orandview Avenue Suite 102 Camp Hill, PA 17011 (717)909-4060