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HomeMy WebLinkAbout01-2158 FX if . . . . . . . I .. . ... if. r if. if. . .. if. if. iF.iF. iF.iF.:F. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . STATE OF . RTrU6Rn r RFTn~T 1 . . . Plaintiff . . . . VERSUS . . . . RONNTR T RRTnRTJ nATATlrll'lTlf- . . . . . . PENNA. No. 01-?1<;R rnTTT 'I'RRM DECREE IN DIVORCE AND NOW, ~/)- It 7.'03 ,A.",. )001 , IT IS ORDERED AND . . . . . . . DECREED "fHAT AND ReRBie J. Beisel, . . . . Rfucha~d C. Beidel , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . The partip~' ~pp~r~tfnn ~Tlrl Prnpprty ~pf-~lpmPTl~ AgTPpmPTl~trll'lf-Arl . . . . . . . . . ",.-~ --, ",-, ~, ,~.," ''''-, . ,~ cr.',' ,'T "'-1' '~, t By TH Ams~~ PROTHONOTARY . . .. . . .. . .. . . ~, ,'''''-,' "T" -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, . . . . . ;F.",~'f.. RICHARD C. BEIDEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW ; NO. DI- JI~<i' : IN DIVORCE CIVIL TERM RONNIE 1. BEIDEL, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ",,,,,?,,-;(,-_<_,-,<_:~,,w__ , . ", 0 ^, ~ . ,,> , --,.<< ,," 1 ~, ~ " , -- ''''<, . . RICHARD C. BEIDEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RONNIE J. BEIDEL, Defendant : NO. tJ 1- .;II ,,? : IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Richard C. Beidel, an adult individual currently residing at 227 Frytown Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Ronnie J. Beidel, an adult individual currently residing at 227 Frytown Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing ofthis Complaint. 4. Plaintiff and Defendant were married on July 8, 1996, in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff and the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court requires the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. ~" . """ "'_~ ,_,c_,,', ", ' ,-:'-', i' ~. -- l 8. Plaintiff and Defendant are citizens of the United States America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date ofthe filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P$. Section 3301 (c) of the Domestic Relations Code. COUNT II ADULTERY 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant has committed adultery by having sexual relations with a male individual contrary to her wedding vows and the Plaintiff is the innocent and injured spouse. WHEREFORE, Plaintiff requests you Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (2). Respectfully submitted, Maryl M s, Esquire / Attorney fa Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 . ,< ~ ':>^'^' ',;:,- ~".. ''^ ,- '-c' ,"' ~, - . ' ';f . VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 1/lo! 0, R1C~~ ..'.... ;' f;" ~, ;' ,__ "__0,_.,,, """,,.., ' "_,' ,- 'j~' ."...'c : 1 , , "' RICHARD C. BEIDEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW RONNIE 1. BEIDEL, Defendant : NO. 01-2158 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under g3301 (c) of the Divorce Code was filed on April 11,2001, and served on April 17, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. g4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: q, & . 0/ y ":;iT", .JL_,.. ,T, c,''Y''",~-,"~ ' , , ~ , ^ " . ~ , , ~" " " RICHARD C. BEIDEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RONNIE 1. BEIDEL, Defendant : NO. 01-2158 CIVIL TERM : IN DIVORCE WAIVER ON NOTICE OF INTENTION TO REQUEST THE ENTRY OF ADlVORCE D}i:CREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES O~9pa.C.s.. g4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. / <' DATE: q'G:>' 0 I "J,;.i, '''&, , "'''-'" . . .' " ., _,____c_~"..,..."i' . ":::j;J - RICHARD C. BEIDEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW RONNIE J. BEIDEL, Defendant : NO. 01-2158 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 24th day of April, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states a true and attested copy of a Complaint in Divorce was sent to the Defendant, Ronnie 1. Beidel, at 227 Frytown Road, Carlisle, PA 17013, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on April 17 , 200 I. Mary atas, Esquire Attorney or Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle,PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribffi to before ~e this "2. "t1-'-' day of Qif\\ ,2001 ~~A OTARYi C Karl J Notarial Seal Carli: Bo'm.~ Public My CommISSion ElCIlfms Aug'~3 , ~--, , i"- ,-! . I: ,*",I;'>)~ .. Compl~te it~;;'s 1, 2~ and'a:Als_o complete item 4 if Restricted Delivery is desired. . Print your name and address on the (averse so'that we can return the card to you. . Attach this card to the back of the mailpiece, o~t~n the front if space permits. 1. Article Addrel3sed to: ~V\V\lt J ~tcLtl t..'tl fry-hwtl ~ad 1~ISUl ~A hu,; o Agent o Addressee DYes o No 3. ~ice Type ~ Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 G.Q,D. 4, Restricted Delivery? (Extra Fee) Yes d . m~m_ Domestic Return Receipt Lr1 ..... C Lr1 ru .-"I rn ..... Postage $ c c c ..... Certified Fee ..... "."" C:J ~"';I J, C ..lI C Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ ,_ ~1 'I~ " ,T 102595.00-M-0952 t" r ,J":"':" r;. .1, , ~) RICHARD C. BEIDEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. RONNIE J. BEIDEL, Defendant CIVIL ACTION - LAW : NO. 01-2158 CIVIL TERM : IN DIVORCE PETITION FOR CONTEMPT AND NOW, comes Petitioner, Richard C. Beidel, by and through his counsel of record, Marylou Matas, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above named Plaintiff, Richard C. Beidel, an adult individual currently residing at 227 Fryetown Road, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Ronnie 1. Beidel, an adult individual currently residing at 239 West North Street, Carlisle, Cumberland County, Pennsylvania. 3. The parties were engaged in divorce proceedings in the above captioned action. 4. The parties entered into a Separation and Property Settlement Agreement dated November 27, 2001, hereinafter referred to as the "Agreement", which is attached hereto and incorporated herein by reference as Exhibit "A". 5. Paragraph 4.1 of the Agreement provides in part as follows: Debts of the Parties. The parties acknowledge that they have outstanding debts or liabilities due and owing to: ... 4. Capital One, with an approximate date of separation balance of $202.00; ... 5. Sears, with an approximate date of separation of $154.00; 6. First USA, with an approximate date of separation balance of $2,000.00. From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnity Husband and hj~)'!l!iI'I. -~, ~' - ,1 . ~ ~~~~_?' . -~- -~~,' hold him harmless from and against arty and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card debts. Wife shall refinance the accounts into her sole and individual name and will remove Husband's name from said debt within one (I) year of signing this Agreement. 6. Despite repeated requests to do so, Respondent has failed and refused to maintain responsibility and obligation for the repayment ofthe aforesaid debts. 7. Each of the three creditors listed above has contacted Petitioner demanding repayment of the aforesaid debts. 8. The current outstanding balance of the Capital One debt is $409.63. 9. The current outstanding balance of the Sears debt is $332.11. 10. The current outstanding balance of the First USA debt is $2,559.48. II. Respondent's failure and refusal to make payment on the aforesaid debts has caused Petitioner to suffer negative credit ratings on his credit report. 12. The Capital One debt has been turned over to a third party agency for collection, and Petition has been contacted for immediate repayment. 13. Respondent is in contempt of the parties' Separation and Property Settlement Agreement dated November 27,2001. 14. Paragraph 6.12 of the parties' Separation and Property Settlement Agreement provides as follows: In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of such breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. "c~'~' . ,-~-' -, r!--~ 1 ~ - ~""', 15. Due to Respondent's contempt, Petitioner is entitled to compensation, not only for the specific payments that she was required to make to the aforesaid creditors, but also for costs, interest and attorney's fees incurred in these proceedings. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon Respondent to show cause, if any she has, as to the following: 1. Why Respondent should not be adjudged in contempt of the parties' Separation and Property Settlement Agreement dated November 27,2001; 2. Why Respondent should not be obligated to compensate Petitioner for all costs, fees, expenses, late fees, interest and legal fees he has incurred due to Respondent's contempt and Petitioner's processing of the within claim; 3. Why Respondent should not be wage attached in an amount sufficient to make acceptable monthly payments to the aforesaid creditors until the debts are paid in full; 4. Why the Court should not grant other such relief as it deems equitable and appropriate. Respectfully submitted, GRIFFIE & ASSOCIATES atas, Esquire Attorney r Petitioner 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 . '"","'< ,\!J',J,'~~TETr, " . "r"'"'" I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 7/"/0'- ~eL/ RICHARD c. BEIDEL DATE: 'jj~'I"", ' -~' ,,'" ", SEPARATION AND PROPERTY SEITLEMENT AGREEMENT THIS AGREEMENT, made tllls J..J tit' day of rJ CJ/U1l6:., , 2001, by and between RONNIE L BEIDEL, of 227 Fry Town Road, Carlisle, Cumberland. County, Pennsylvania, party of the first part, hereinafter referred to as "Wife', o AND s;: < -0 (~"') rnfT'l RICHARD C BEIDEL, of 227 F1"'J Town Road, Carlisle, Cumbe@d , ~g Pennsylvania, party of the second part, hereinafter referred to as "Husband', ~ ~~ Pc WITNESSETH: 5 -<. o 0 ,'''( c:J .,.u\ 8 ;r, :J} CIDuntiJ'iI: ..-..I ' ."~ (.~:~~), -D '~_'_" N : ~- '-- ) ':,.:Pl =; ~~,.; :;~ WHEREAS, Husband and Wile were married on July 8, 1996, in Newville, Cumberland County, Pennsylvania; and I WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and detennine certain of their marital rights and obligations, lllld. make an equitable distribution of t.lteir marital property, detennine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of tllls Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the Exhibit "A" 1"",=.~"","_" c, ~ =_,~Jl!IPI'"I-,- -~"' ~ '! - T ", ~ ~ ., ' c', _____~ resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing, NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all. times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they sha11 respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings, The foregoing provisions sha11 not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them !i"ing separate and apa..'t, ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or .'10.'1- defense of any action for divorce; provided, however, that nothing contained in this Agreement "-!f>'l~'" "~"'-""'I'~' ,~~, 1 ~ ,~~ ~..,"' -. ~I'-^-' 7,~" shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and WIfe, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and WIfe each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estoppbd from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement sha11 survive any decree in divorce and sha11 be forever. binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ''''~1WI:;:1lI..'~$~~5M! - - ~ 'I ,.".~ - - r _e\, - , , ~,,, .,,,.- ~ ~ ,~,'~...... ,"-'~~ " "",~..,,,,,,,,C'l ARTICLE III EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources. of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or oilier benefits; the contribution or dissipation of each p3rt in the acquisition, preservation, depreciation, or appreciation of marital property, including the contnbution of a party as a homemaker; the value of the property set apart to each. party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. ~;'r~#r ~~ T'" . ~, , . ~ 3.3 Personal PrOTJertv. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, and other tangible or intangible property in their possession that they wish to have and neither party will make any claim whatsoever against the other party for any items of personal property or assets that is in the other parties' possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other party. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 Subseauentlv Acauired PrOTJertv. Husband and Wife agree to waiv~ and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension. Retirement. Profit-Sharinf!. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in her individual capacity or as Husband's Wife in any and all pension, retirement, profit-sharing, stock options or similar accounts with Husband's present employers or past employers of which Husband has secured independently, Husband agrees to waive, relinquish or transfer any and all of her right, title and interest he has or may have in his individual capacity or as Wife's Husband in any and all pension, r,"l;'-1"1j""W;j;"""Hi1f'!Iil"'i~ ,"~~~,~ " ""'l~~-'r~- J <, ~c ~ T , ~",,,,,-,,, :. retirement, profit -sharing, stock options or similar accounts with Wife's present employers or past employers of which Wlfe has secured independently. 3.7 Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1992 Chevy Lumina Van, which was originally titled in the parties' names jointly, Wlfe shall execute the title of the vehicle within fifteen (15) days of being requested to do so by Hus~and or Husband's legal counsel to Husband's name individually. Wlfe shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties ackriowledg~ that Husband has and shall retain sole and exclhsive ownership and possession of a certain 1985 Chevy 8-10 Pickup Truck, which was originally titled in . Husband's name individually. Wlfe shall make no claim whatsoever relative t9 acCess to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and sha1l retain sole and exclusive ownership and possession of a certain all-terrain vehicle, which was originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make. no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3.8 lntam!ible Personal Provertv. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank: accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint -...,,.~~,-,'" ~'_~lIWl1~! 1'"' ""'~~I ~ -" - ~~ ~ , , """""~"",.",,. accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. 3.9 Real Estate. The parties acknowledge that Husband is the owner of real state located at 227 Fry Town Road, Carlisle, Cumberland County, Pennsylvania. The property is encumbered with a mortgage due and owing to U.S. Bank, requiring a monthly payment of approximately $500.00. In addition, the aforesaid real estate is encumbered by a second mortgage due and owing to U.S. Bank, requiring a monthly payment of approximately $342.00. Husband shall be solely and exclusively responsible for making any and all payments and meeting any and all financial cominitments due and owing on the aforesaid mortgage to U.S. Bank. Husband shall indemnify WIfe and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative io the aforesaid mortgages. From the time of execution oftbis Agreement forward, and upon the parties' compliance with all terms of this Agreement, WIfe waives and relinquishes any and all right, title and interest in the aforesaid real estate. ARTICLE IV DEBTS OF THEPARTIES 4.1 The parties acknowledge that they have outstanding debts or liability due and owing to: 1. M & T Bank, with an approximate date of separation balance of$10,139; 2. Lowes/MBGA, with an approximate date of separation balance of $2,800; "'''~''-'^''''"'~''''JJlNI ~~IIl!II~ ""~ ~ - . ~ ~_~~""'F''''''''''" 3. FNANB/Circuit City, with an approximate date of separation balance of$140; 4. Wachovia Bank, with an approximate date of separation balance of $2860, From the date of execution of this Agreement forward, Husband shaII retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Husband shall collection activity of any nature whatsoever relative to the aforesaid credit card debts. Husband indemnify Wife and hold her harmless from and against any and all demands for payment or shall refinance the accounts into his sole and individual name and will remov~ Wife's name from said debt within one (1) year of signing this Agreement. The parties acknowledge that they have outstanding debts or liabilities due and owing to: 1. Boscov's, with an approximate date of separation balance of$645; 2. Bon-Ton, with an approximate date of separation bl11ance of $80; 3. MBNA, with an approximate date of separation balance of$365; # 4. Capitol One, with an approximate date of separation balance of $202; y 5, Sears, with an approximate date of separation balance of $154; 6. First USA, with an approximate date of separation balance of $2000. From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnify Husband and hold him hann1ess from and against any and. all demands for payment or collection activity of any nat\Jre whatsoever relative to the aforesaid credit card debts. Wife shall refinance the accounts into hetsole and individual name and will remove Husband's name from said debt within one (J) year of!signing this Agreement. '~.~~,~, . ~ ~-~. , .' ~~~,"- ~ ' , 4.2 Each party represents to the other that except as otherwise specifically set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties' and that since the separation neither party has contracted for any debts for which the other will be responsible, and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY. ALIMONY PENDENTE UTE. SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties specifically are aware of, acknowledge and understand their right to demand i alimony, Alimony Pendente Lite (APL) and support and hereby waive their right to these claims against the other now and in the future. Both parties agree not to make a claim for alimony, APL or support now or during any future divorce proceedings between the parties or at any time thereafter. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have had the opportunity to review the provisions of this Agreement and further have had the opportunity to secure legal counsel and advice relative to the legal effect to this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection or that they have specifically chosen with full knowledge and on their on volition, to not seek legal advice relative to this Agreement. They further acknowledge that they fully understand the facts that are the basis of this Agreement. They acknowledge and accept that this Agreement is being .entered j""'~B~"""'.-PFC__'r''fl''II"~~~~,", iifl ", ~o_ v_~" , r - ~~"~~~ ~ ~~<"'-- ., ."~,~!l_, ,,~, 7""'"","~Jif11,iN,: into freely and voluntarily after having the opportunity to receive legal advice and within the knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of Such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at an~ time hereafter may have against such other, the estate of such other, or any part thereot; whether arising out of any former acts, contracts, engagements, or . liabilities of such other as 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 rightto treat a lifetime conveyance by the other as testamentary, 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 other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the "'J\'''RJo'I1:!!!.il31 ~,~ JI1I'l~r;!I/lli!I~~ ~ " - - .. -~- l~ ~., r'-= ~~ _ ,~~~, ,,~, )f - other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Warranties. 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 Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each. warrant, covenant, represent and agree that each will, now and at all tinies hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the. other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. ;""'~~~~J_,W!_ 1WI'll'l<__o .~_ r ~ p . or 1 -~ .", " ,. ~ ",,,.,, 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.9 Severabilitv. If any term, condition, clauSe, section, or provision of this Agreement shal1 be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. -'!~~~."" ,. ",'~ ~" "~-"r. ~'" 1~"'~~- , ~ -~"'~~'~- ~ ~ w' 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtain~ by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching 'party to enforce this Agreement against the breaching party. In the event of breach, the non-breach\l1g party shall have the right, at his or her election, to sue for damages for such breach or to set;k such other and additional remedies as may be available to him or her including equitable enfor9~ment of this Agreement. ,\~" ,"'- ,.,...,~"'~ ,~ ~ ~,'~-'T' :" : ~" - -"~ - .~ . ,1II--"~~"""';I'''''''''''"'''''''<H'''1 . IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: ^ ~. , ":c-_~. jQ;^ \ h..\J ... . I :t.:::A ._~ - C)irtctf~ "'~JIiII:S ,~,----~" - C}"t" '0/ Date /1/27/0 / . Date I' // . 'i;;'~O ~./ /J/}_h,iC RONNIE J. B EL /kk~_/~ RlCHARD C BEIDEL O~ _~ COMMONWEALTH OF PENNSYL VANIA COUNTY OF c.,U v'h ~f<lVO On this (" I!f day of s.~U:iW\ ,()oR. . , 2001, before me, the undersigned officer, personally appeared Ronnie J. Beidel, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~)~M).QJS7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C0lW,I:t(h(;~\ On this '1! day of MtUemtt( NOTARIAL SEAL JUDITH ANN VALENTINE, Notary Public Carlisle, Cumbe~and County My Commisslon Expires Nov. 12, 2002 , 2001, before me, the undersigned officer, personally appeared Richard C. Beidel, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial S~~laf'i publiC . 'enman. 11--" COun\'i n \<,arisa J,. cumbe "'~ Z5 ZOO" callisle Boro. E~?ir.S Aug., C011\fT\\SSlon 1M /1fU,{1 ~~:>>~ C\!.....-....-.:J. ~l\.) '~.F';""""'''''''i'1'~~r___'''l''.!'!;=~'_~T ~ -, ." I -~ ~......,. ~'~","-"l~'"'"'- ..W _ ~. RICHARD C. BEIDEL, Plaintiff JUL 1 0 2002 .~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 1 vs. RONNIE 1. BEIDEL, Defendant : CIVIL ACTION - LAW : NO. 01-2158 CIVIL TERM : IN DIVORCE ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW this / ;.,-tJ. day of jJ.. / Y ,2002, upon presentation and consideration of the within Petition, a Rule is hereby issued upon the DefendantJRespondent, Ronnie J. Beidel, to show cause, if any she has, as to why the relief requested by Petitioner, Richard C. Beidel, should not be granted. A hearing shall be held on wrJAJuJA'I the 41.d'1/J day of ~002, at 1t):M If .m. in Courtroom d of the Cumberland County Courthouse, Chambersburg, Pennsylvania. cc: . l:.dlW9/tA.E. ~~'''tI J. ;Marylou Matas, EsqUIre )I Attorney for Plaintifj1Petitioner /lfonnie 1. Beidel, Pro Se v ~ . . t~ '1-16 .o~ ~ ".c,"",,.., ~~ 1. .., ~~ , I.., ~ lI!J!!!i~:' RICHARD C. BEIDEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RONNIE J. BEIDEL, Defendant : NO. 01-2158 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under 93301 (c) ofthe Divorce Code was filed on April 11,2001, and served on April 17, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSEST-ATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~~ RICHARD C. BEIDEL, Plaintiff DATE: /1/27/0/ ~'I"~,,,,, " .., 1-.' .o~"'- .. RICHARD C. BEIDEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RONNIE J. BEIDEL, Defendant : NO. 01-2158 CIVIL TERM : IN DIVORCE WAIVER ON NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. g4904 RELATING TO UNSWORN FALSIFICATION TO AlIT1IORITlES_~ -., u? ~ DATE: 11/27/01 ~~ RICHARD c. BEIDEL, Plaintiff ',-"I"?'!b " .. j. ~ -=_.~ i'-' \ RICHARD C. BEIDEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNYSL VANIA v. CIVIL ACTION - LAW RONNIE 1. BEIDEL, Defendant NO. 01-2158 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the 23rd day of September, 2002, cause a copy of Plaintiffs Petition for Contempt and related Order of Court dated July 12,2002 to be served upon Defendant by personal service at her place of employment at the following location: Ronnie J. Beidel Wal-Mart Carlisle, P A 17013 DATE: 1/ZS/()2 M Attorney r Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 ~ -"R~~";~ -, -" - _Wi RICHARD C. BEIDEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2158 CIVIL TERM RONNIE J. BEIDEL, Defendant CIVIL ACTION - LAW IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 25th day of September, 2002, after hearing, the Petition for Special Relief will be granted. The Defendant is directed to reimburse the Plaintiff in the amount of $1,530.00, representing debts he compromised on her behalf. She is also directed to reimburse him an additional $375.00 for legal fees incurred in this matter. The Defendant shall pay Plaintiff $20.00 per month commencing October 1, 2002, continuing until such time as all sums are paid in full. Provided, that 50 percent of any income tax refund shall also be given to the Plaintiff each year until such time as this entire amount is paid in full. Edward E. Guido, J. /Marylou Matas, Esquire Attorney for Plaintiff . ~ ;!Ronnie J. Beidel ;> _:~ 239 West North Street r;~i{\-' ~~. Carlisle, PA 17013 / Defendant, Pro se srs .00- CrifL, 01" _ "",~--,'" ,,~ ~,~~ f":J',':,",-" ,,",... ",n_ -1'- " ,. o ...,_ ", '-.,.\,\ '1' . ,'-i t ~ ~ . . . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 'J..1f-'11 day ofrJdv'UVl ~ ,2001, by and between RONNIE J. BEl DEL, of 227 Fry Town Road, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife", AND RICHARD C BEl DEL, of 227 Fi"'J Town Road, Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were married on July 8, 1996, in Newville, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rig.'lts alld obligations, and make ail equi~able distribution ('[their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle'~ financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the -';'11"~~0W'",'\I;;f1Wl1 "~_ " ~ - resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel 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 of the causes leading to them living separate and apart. ARTICLE II DWORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement .~' ."-",, '!'I'" , ""O,,"~ _" .<r--~'.- I . , . . shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall. forever be estopped from asserting any illegality or unenforceabilityas to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a fina1 settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgmeDt or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in anyway by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever biDding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. , i-n,--: ~, ' ,- '. ;,.-. ,,", ,1 , ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity. of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of t~e property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties' will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 'if(.>'l1 ,?_,~ ~ '., '0, _,~, ,'"':~ ~, ~ ,,'-.~ ,- ~ . " , .~, 3.3 Personal PrODertv. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, and other tangible or intangible property in their possession that they wish to have and neither party will make any claim whatsoever against the other party for any items of personal property or assets that is in the other parties' possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other party. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 Sllbseauentlv Acauired ProDerlv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension. Retirement. Profit-Sharinfl. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in her individual capacity or as Husband's Wife in any and all pension, retirement, profit -sharing, stock options or similar accounts with Husband's present employers or past employers of which Husband has secured independently. Husband agrees to waive, relinquish or transfer any and all of her right, title and interest he has or may have in his individual capacity or as Wife's Husband in any and all pension, ,.~~" 'I" " ,,~ 1 -1-- ~~, -,":" retirement, profit-sharing, stock options or similar accounts with Wife's present employers or past employers of which Wife has secured independently. 3.7 Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1992 Chevy Lumina Van, which was originally titled in the parties' names jointly. Wife shall execute the title of the vehicle within fifteen (15) days of being requested to do so by Husband or Husband's legal counsel to Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1985 Chevy S-10 Pickup Truck, which was originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain all-terrain vehicle, which was originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3.8 Intamrible Personal Prol1ertv. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint , ~ - H accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. 3.9 Real Estate. The parties acknowledge that Husband is the owner of real state located at 227 Fry Town Road, Carlisle, Cumberlanti County, Pennsylvania. The property is encumbered with a mortgage due and owing to U.S. Bank, requiring a monthly payment of approximately $500.00. In addition, the aforesaid real estate is encumbered by a second mortgage due and owing to U.S. Bank, requiring a monthly payment of approximately $342.00. Husband shall be solely and exclusively responsible for making any and all payments and meeting any and all financial commitments due and owing on the aforesaid mortgage to U.S. Bank. Husband shall indemnifY Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid mortgages. From the time of execution of this Agreement forward, and upon the parties' compliance with all terms of this Agreement, Wife waives and relinquishes any and all right, title and interest in the aforesaid real estate. ARTICLE 1V DEBTS OF THE PARTIES 4.1 The parties acknowledge that they have outstanding debts or liability due and owing to: 1. M & T Bank, with an approximate date of separation balance of $10,139; 2. Lowes/MBGA, with an approximate date of separation balance of $2,800; ':" ,~ ~~'.- - .'."- , " -I - 9 l' 3. FNANB/Circuit City, with an approximate date of separation balance of $140; 4. Wachovia Bank, with an approximate date of separation balance of $2860. From the date of execution of this Agreement forward, Husband shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Husband shall collection activity of any nature whatsoever relative to the aforesaid credit card debts. Husband indemnify Wife and hold her harmless from and against any and all demands for payment or shall refinance the accounts into his sole and individual name and will removbWlfe's name from said debt within one (1) year of signing this Agreement. The parties acknowledge that they have outstanding debts or liabilities due and owing to: 1. Boscov's, with an approximate date of separation balance of $645; 2. Bon-Ton, with an approximate date of separation balance of$80; 3. MBNA, with an approximate date of separation balance of $365; # 4. Capitol One, with an approximate date of separation balance of $202; ~ 5. Sears, with an approximate date of separation balance of$154; 6. First USA, with an approximate date of separation balance of $2000. FrOm the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemni1)r Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card debts. Wife shall refinance the accOUIlts into her sole and individual name and will remove Husband's name from said debt within one (1) year of signing this Agreement. ''f1W!___,,, !.< .. l' , ,~ . ",,: 4.2 Each party represents to the other that except as otherwise specifically set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties' and that since the separation neither party has contracted for any debts for which the other will be responsible, and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY. ALIMONY PENDENTE LlTE. SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties specifically are aware of, acknowledge and understand their right to demand alimony, Alimony Pendente Lite (APL) and support and hereby waive their right to these claims against the other now and in the future. Both parties agree not to make a claim for alimony, APL or support now or during any future divorce proceedings between the parties or at any time thereafter. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have had the opportunity to review the provisions of this Agreement and further have had the opportunity to secure legal counsel and advice relative to the legal effect to this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection or that they have specifically chosen with full knowledge and on their on volition, to not seek legal advice relative to this Agreement. They further acknowledge that they fully understand the facts that are the 'basis of this Agreement. They acknowledge and accept that this Agreemont is being entered , ,,~'"w "~, r ~ _""",~,lJ!lIiI_ " , '1 into freely and voluntarily after having the opportunity to receive legal advice and within the knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as 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 testamentary, 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 other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation Qr otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the <,T," ,-~ ~^ ,_, '_'f other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Warranties. 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 providM for in this Agreement. Each party agrees to indenutifY or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. :~J" . ,~lr!W J___ '" " . > c.' I ,- ~ ~ , 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.& This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.9 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. '}<'f'" ",," '~._='" _-'." _",,;"',~'1:;C"_. ,_ _ .. ,'-' . -I,h".'-" ,c._ ," _.'_'~'''''_ - -~ .,. .,,' ,." ~, . 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceabilitv and Consideration. This Agreemerlt shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. ,- ^ , -<., ~,>" " """'^_""~'__ ~~___ ~,' , ~-_ ",,__ _'""'~ , m ,_. ~ " IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: ~~UA ~?t~ .ff, 0' ~ >_ .. ~,_ ",~,-.~ _ - , ~..... -" ''''''''''" --C? .t.., 'Of Date /1/27/01 Date ~ > M~~~ RICHARD C BE/DEL ;: . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF c.-U Vh ~-O On this ~ I:!f day of ~'Th'YYt'ibo-Q . , 2001, before me, the undersigned officer, personally appeared Ronnie J. Beidel, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~).Q,JSl NOTARIAL SEAL . JUDITH ANN VALENTINE, Notary Public Carlisle, Cumberland County My Commission Expires Nov. 12, 2002 COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~W~ On this '1f day of Na;emttf , 2001, before me, the undersigned officer, personally appeared Richard C. Beidel, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notalia\ se~ial'! public L tlmao. NO d countY \<.allsa J_ e cumberlao '2.5, '2.003 carlisle BOl~;, E~?iles AU\)- ,,^Y cammlSS' ~~ :,~ f~ _ '" .., "'O'_~",__,_~,,, ," -" .'-, ~,c_r.' ';',~,,'-'9'- 0,".",_, =~_, ,_",.rl>" I ~ ,-~, ."'~ -;-',-~ " -~~,~ RICHARD C. BEIDEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RONNIE 1. BEIDEL, Defendant : NO. 01-2158 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~330 I (c) 3391(lI)(I) efthe Diyeree Celie. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: By certified mail, restricted delivery to Defendant, Ronnie J. Beidel, on April 17, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by ~3301 (c) of the Divorce Code: by Plaintiff: November 27,2001 by Defendant: September 6, 2001 (b) (1) Date of execution of the affidavit required by ~330l (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: December 3, 200 I Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: September 20,2001 M " c1 l' "'::J.' ". .' - ~ ''1 '-'Ffr\\~~'_ ~'lIj~ .' .. -I'j " . "!~,,,,'~""~~"_~"~,,""""'T"';% PLAINTIFPS EXHIBIT I q -L~ -02 .{/2.S SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS A GREEMENT, made this J.-1 ft' day of tJ CJ I UI'llz, , 2001, by and between RONNIE J. BEIDEL, of 227 Fry Town Road, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife", AND (") c -c&! ITir1:,1 CumbeiI3ild L._ I.. (n.>~ -< /: r::: ;~_-) ~~.~Jl :t;-~~, C) c-, -f'l RICHARD C BEl DEL, of 227 Fry Town Road, Carlisle, ~'1") Pennsylvania, party of the second part, hereinafter referred to as "Husbantl', h) WITNESSETH: r.;- ::;:~ :::q -C. WHEREAS, Husband and Wife were married on July 8, 1996, in Newville, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, a.'ld make an equi~able distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the P-I ;m,_~ ._, ". .~, ~~ _~ ".,0.","," resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel 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 of the causes leading to them livmg separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement .if:. J~!!L , "i 1 I ~,--~ - F ,..,... lllD',"", shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either ofthe parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. <'.','%l'fl$W ~ "'" <I Ill!".. ARTIaE III EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a marmer which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each' party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. -',;'i\iiIl~~,'. - -"- ~.~ I'--r~ ~_ "_0.'- 3.3 Personal PrOTJertv. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, and other tangible or intangible property in their possession that they wish to have and neither party will make any claim whatsoever against the other party for any items of personal property or assets that is in the other parties' possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other party. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 Subsequentlv Acquired PrOTJertv. Husband and Wife agree to waiv~ and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension. Retirement. Profit-Sharinl!. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in her individual capacity or as Husband's Wife in any and all pension, retirement, profit-sharing, stock options or similar accounts with Husband's present employers or past employers of which Husband has secured independently. Husband agrees to waive, relinquish or transfer any and all of her right, title and interest he has or may have in his individual capacity or as Wife's Husband in any and all pension, . ;""'~,;;"i't,tll\f' ~~-~ ~,.~,. 1 ~'""" " ~ ~~:- retirement, profit-sharing, stock options or similar accounts with Wife's present employers or past employers of which Wife has secured independently. 3.7 Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1992 Chevy Lumina Van, which was originally titled in the parties' names jointly. Wife shall execute the title of the vehicle within fifteen (15) days of being requested to do so by Husband or Husband's legal counsel to Husband's name individually . Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledgJ that Husband has and shall retain sole and exclusive ownership and possession of a certain 1985 Chevy S-lO Pickup Truck, which was originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to acCess to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain all-terrain vehicle, which was originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3.8 Intanrrible Personal PrOlJertv. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint ',""~"~~ "~~ ~.".,.~~'l'f=~~~~IIl", i' "~'I , .,..~ ~~ ~~~. accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. 3.9 Real Estate. The parties acknowledge that Husband is the owner of real state located at 227 Fry Town Road, Carlisle, Cumberland County, Pennsylvania. The property is encumbered with a mortgage due and owing to u.s. Bank, requiring a monthly payment of approximately $500.00. In addition, the aforesaid real estate is encumbered by a second mortgage due and owing to U.S. Bank, requiring a monthly payment of approximately $342.00. Husband shall be solely and exclusively responsible for making any and all payments and meeting any and all financial comInitments due and owing on the aforesaid mortgage to U.S. Bank. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid mortgages. From the time of execution of this Agreement forward, and upon the parties' compliance with all terms of this Agreement, Wife waives and relinquishes any and all right, title and interest in the aforesaid real estate. ARTICLE W DEBTS OF mE PARTIES 4.1 The parties acknowledge that they have outstanding debts or liability due and owing to: 1. M & T Bank, with an approximate date of separation balance of$10,139; 2. LowesIMBGA, with an approximate date of separation balance of $2,800; '-'~l1l';!!lJt. ~, , I 1 3. FNANB/Circuit City, with an approximate date of separation balance of$140; 4. Wachovia Bank, with an approximate date of separation balance of $2860. From the date of execution of this Agreement forward, Husband shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Husband shall collection activity of any nature whatsoever relative to the aforesaid credit card debts. Husband . indemnify Wife and hold her harmless from and against any and all demands for payment or shall refinance the accounts into his sole and individual name and will remov~ Wife's name from said debt within one (1) year of signing this Agreement. The parties acknowledge that they have outstanding debts or liabilities due and owing to: 1. Boscov's, with an approximate date of separation balance of $645; 2. Bon-Ton, with an approximate date of separation bhIance of$80; 3. MBNA, with an approximate date of separation balance of$365; # 4. Capitol One, with an approximate date of separation balance of$202; y 5. Sears, with an approximate date of separation balance of $154; 6. First USA, with an approximate date of separation balance of$2000. From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card debts. Wife shall refinance the accounts into her sole and individual name and will remove Husband's name from said debt within one (1) year of signing this Agreement. ''f ~ ~,.~~ . f fll!~. , , < """"'''",",".~ - 4.2 Each party represents to the other that except as otherwise specifically set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties' and that since the separation neither party has contracted for any debts for which the other will be responsible, and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties specifically are aware of, acknowledge and understand their right to demand I alimony, Alimony Pendente Lite (APL) and support and hereby waive their right to these claims against the other now and in the future. Both parties agree not to make a claim for alimony, APL or support now or during any future divorce proceedings between the parties or at any time thereafter. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have had the opportunity to review the provisions of this Agreement and further have had the opportunity to secure legal counsel and advice relative to the legal effect to this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection or that they have specifically chosen with full knowledge and on their on volition, to not seek legal advice relative to this Agreement. They further acknowledge that they fully understand the facts that are the basis of this Agreement. They acknowledge and accept that this Agreement is being entered '7''''''''.'''V'''''''WR~_ ~,-"._~,.....~~ _lltlII8I.. , ~ ,~ ,=-~- r -~"""''''''' into freely and voluntarily after having the opportunity to receive legal advice and within the knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof; whether arising out of any former acts, contracts, engagements, or liabilities of such other as 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 testamentary, 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 other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the :;~)(j~ ,~". , ~ FIn' ~ ,. _~"=.,. .~ l~ . ~~~ ~-_'!I'-'!'\' other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof 6.3 Warranties. 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 Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all tinies hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. '"':CI~'>~'" c '1' :rr~ "I ~ " -,~I 6.6 This Agreement shall be construed in accordaRce with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.9 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. '!ffl ~r I ,~ 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. !-i:1<~ ~~_ -~"F-" "," ~-l ;" _F,m:; IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. \J~~4,-SjlQ;:f;~ ~- C} is? '0/ Date /J . 'i~-q " .n~Mc- RONNIE J. BEl- EL WITNESSED BY: , ~rtcrle:k /1/27/0/ M-n.,./~ Date RICHARD C BEmEL lEj __ . " ~ -T ~~, " " - t ." ~~~." ""'F"'''fnl'' COMMONWEALTH OF PENNSYLVANIA COUNTY OF c.,U {h ~I"'<l'-iO On this Co Iff day of S~ 16'W\ 'i5 c,Q . , 2001, before me, the undersigned officer, personally appeared Ronnie J. Beidel, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~J~M).QJS7 NOTARIAL SEAL JUOI1'H ANN VALENTINE, Notary Public Carlisle, Cumbertand County My Commission Expires Nov. 12. 2002 COMMONWEALTH OF PENNSYL VANIA COUNTYOF CGC~Ab!(hv1C\ On this1! day of Ntvemtt( , 2001, before me, the undersigned officer, personally appeared Richard C. Beide~ known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial sea~f'I publiC .; oman. tolo d COuntY Kaf\sa J..e cumberlan 25 2003 carlIsle BOW. E1<?lres !,-ug. , COlt\fI'\ISSlon MY ! // fCti/ , ":M~""'1i';ll'%"$",,, , _" ~- ", <," ,. . ~~ 0000000 9 4121741436583863 00 0409630010000068002 CREDITOR: CAPITAL ONE SERVICES, INC. REFERENCE: 4121741436583863 BALANCE: $409.63 TOTAl. ENCLOSED: $ \ CAPITAL ONE --, ATTN: PAYMENT REMITTANCE I P.O. BOX 85147 RICHMOND, VA 23276-0001 1.,1,1..11",'.11...1.",,"..."..."......11.1..11...11..1.1 Street Please print address changes below using blue or black ink ""l city State Zip Home Phone Alternate Phone 1111111111111111111111111111111111111111111111I111111111I~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 05/31/2002 1...111".11I......11..11.1...11...1.1.1..11....1.11...1.1..11 r RICHARD C BEIDEL A226 227 FRYTOWN RD , EY17 CARLISLE PA 17013-7756 CA1 Please wrfte your account number on your check or money order made payable to Capital One Bank and mail in the enclosed envelope. ............,..,.,......,..,.,.....".,....,,,.,......"'.......,,....."""....,...."...............,.."'............"...........,...._.."'..................,.."..............................,......w.....'''..,.................w....._.,.....,.....".,.....".HH.'.'..'-',........,""""""''''''''''' DEAR RICHARD C SEIDEL: CAPITAL ONE SERVICES, INC. HAS ASSIGNED YOUR DELIQUENT ACCOUNT TO OUR AGENCY FOR COLLECTION. PLEASE REMIT THE BALANCE LISTED ABOVE IN THE RETURN ENVELOPE PROVIDED. TO OBTAIN YOUR MOST CURRENT BALANCE INFORMATION PLEASE CALL 1-800-916-9006. OUR FRIENDLY AND EXPERIENCED REPRESENTATIVES WILL B~ GLAD TO ASSIST YOU AND ANSWER ANY QUESTIONS YOU MAY HAVE. THIS IS A COMMUNICATION FROM A DEBT COLLECTION AGENCY. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UNLESS YOU NOTIFY THIS OFFICE WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF OUR OFFICE WILL ASSUME THIS DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WItHIN 30 DAYS FROM RECEIVING THIS NOTICE THAT YOU DISPUTE THIS DEBT OR ANY PORTION THEREOFl THIS OFFICE WILL OBTAIN VERIFICATION' OF THE DEBT OR OBTAIN A COpy OF A JUDGMENT AND MAIL YOU A COPY OF SUCH JUDGMENT OR VERIFICATION. UPON YOUR WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE~ THIS OFFICE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIF~ERENT FROM THE CURRENT CREDITOR. . NAFS National Action Financial Services, Inc. 1-770-248-9909 1-800-916-9006 PLAINT/FPS EXHIBIT ? J} - Z S-- O?- $125 ""C,-,,,"";(.. J"'""r" " ~~A. ." p- Z- , ~ .VAN Rl1 CREOIT CORP. A~~ ~611:00' VAN RU CREDIT CORPORATION 10024 SKOKIE BLVD SKOKIE,IL. 60077 1037 800-477-0777 FAX: 847-673-8165 http://www.vanru.com RICHARD C BEIDEL 227 FRYTOWN RD CARLISLE PA 17013-7756 RE: CAPITAL ONE ACCOUNT NUMBER: 4121741436583863 VR FILE NUMBER: 3898151 CLIENT/VR BALANCE: 459.35 DEAR: RICHARD C BEIDEL This office has been authorized to accept $230.00 as final settlement on the account listed above. The FULL PAYMENT is due in the amount of $230.00 and is to be received no later than 08/31/02. The above arrangement is the settlement in full and final payment of the account listed above. Please contact our office immediately at 800-477-0777 for specific instructions that need to be followed in order to confirm acceptance and compliance of this arrangement. This communication is from a debt collector attempting to collect a debt and any information obtained will be used for that purpose. Please contact our office at 800-477-0777 for further information. Sincerely, CAPITAL ONE Van Ru Credit Corporation PLAINTIFF'S EXHIBIT C ~ i-2..-~ ..$Je6 ''''<>:1~~ - ~ - ~ , , " P-j ",."~ll_'"~~F Pa~e ~ :t "': .-;.. ~umE-:::'.l.t Nam(l: Sess i ,',_-"[,1 STMT ACTION PROD COO" DDA CURR C'DDE ACTN ~-= ?OST EFFEC'C.I'VE . TRA.C3 ID CC STPD ::: 96 JP EBET COlD AceT Tlh' TmlliSACTION STMT FORMAT 02/09/18 12.03.55 MS 50852 ACTION COMPLETE 08.1:,422489 SHORT NAME BEIDEL RICHARD -1?1":O;,.: 5 SEARCH FROM 102/07/24 THRU cn;cc: NU!'-BER TRAN AMOUNT pic DESCRIPTION C -102/09/13 BALANCE , ;'26 041LJO.,.13'77S~ . :J :EBOLD, INC 30.00 _.D FUNDS FEE-PURCHASE 1,211.01 C PAYROLL 20.00 68.94- 682390822021624 INSUFFICIENT 1';/30 J.:/03 D 1,142.07 0179629253 1,122.07 .08/30 KF7035 ? 1,053.22 08/31 N69804 ? 1,052.72 783S242H5 '\'eM W0L Og/O:" 68.85 D 68811'.1'-131021:::-J.7 7IJRCF.1>.SE 1.J~/O.j I-GENI02090~00041~30 I) f 103._ .50 D ..'OS i"TM FEE L~ .~-_. '--''i02 62-4?:i ~ ::1_ :.-I-l>! "DC'. 1227 ;.iECR NUMBER 0227 r< <'oF 9-.ASUM 1I-CUTO .. -STSM 550.00 PAYMENT 30.00 --"- D _9800060123 j) 502.-72 23137",;8878C'''. 'TWPOINT BANK ML ~~~L}.I OS /"' . 09~/04 ~7-2-...7 2 KF7.026 ~.' .- --. 242.72 ) r,\. . ..-.J'..,) 230.00 D uJ3::.!O:J/;:;.-:l.. I PF;_ l=HELP 3-PLVL G-IlK! ~CBB ~ ----- ~ --; C"'palel Ol-i~ $' - 2-30. D clc.JL--1t '2-"L- 7 r.-- , t? RICHA. R. D C SEIDEL r... .. 227 FRYTOWN ROAD ( CARUSLE, PA 17013 \ ! ~r~ \'J () rP ~ tf I r!1 M!!,~!~ f( f0 sphngGardenOfflee i!i7 Dale 60'-29_51313- "4344 - --~'---'~----~~-j $,29D< [P_ (; .__.! f~J.. Dollars {iJ ~~ For .. I l,-__~:I ~:lO 2'l5 51: 88'l21, 2 21,8'lIl'O 2 27 woe PLAINTIFF'S EXHIBIT Date: '9-1'1' I 2 'rime: J.2 :-04 ; So::, ~)),,~ s1l5 JtI.~ . -"" SEARS Gold MasterCard Account Number: 5121-0717-3555-64291111111111I11111111111111111111I11111111 ':Amou t Enclosed' - - - . - - - - Make Checks Payable to Sears National Bank Change of Address? 1",111",111",,,,11,,11,1,,,11,,,1,1,1,,11,,,,1,11,,,1,1.,11 RICHARD C BEIDEL JR 0008749 227 FRVTOWN RD CARLISLE PA 17013-7756 $ 1,1.,1"1111,1,1",111,,1,.,1.1,,,11,1,1,,11,,1,.1.1 PO BOX 182156 COLUMBUS OH 43218-2156 0000 5121071735556429 0040465 0008000 0000000 "N9tIQt:t~~.~/t~y~~~,i,~lcl~i9:frl~mR9htl.nt/nf~,rnlati(JO and billing rights summary. 9.an'..1,-:~~H176:~gf~~,~,1'fl?r~'q.4~~Rm~'rf,S,~Niqeju to~report your card lost or stolen. Mail BillirigEiro{NotiQlis'l(iiPO'BOX'8fB007 CLEVELANO OH 44181.8007 <.-:. -~. :'),L~<;.::d_"./';':r' ;,:';,>,\::,IJ'.'i.'i:t-:'-,:--:<. ~$ Gold~$rd. Account Balance rotal Credit Une Cash Access Une 00.00 Acco nt Summa Previous Balance Payments & Credits Purchases & Debits Other Charges FINANCE CHARGES Account Balance Regular Transactions Trans Post Date Date 08.25 08.25 LATE PAYMENT FEE" Finance Char es Purchase T e Total BMa:i'-~: A.ve,~ag!3'. ,?aily . Balan'6e' Sears Regular External Regular Cash Reg,ular $0.00 $404:65 $374.47 $0.00 $0.00 - - $0.00 - - - - ::>> ,~" ';,';';:.,i;.' J/> ,".'-:",',,- ,,,---,,, " - - - ,. ,J ,,'';' ,~) ," \:j -\ (;'.1,:~' : ". 'U' ..." T ~~ ' Account Number 5121.0717.3555.6429 Customer Service 1.800-669-8488 10F1 Available Credit Une Available Cash Billing Cycle Olosing'Date Payment Due Date 00.00 08127102 09/24/02 DeBQriptib~. (') _,_d,orr_e,~P9'nding .ANNI,IAL PEF\C!:NTAGE RATE Periodic Rate O:Oay M'Month ~~ri9'~I,c'.> ':,,;_,,; ,- FINANCE ~H'Aill;;E'jF\ 24.00 % 0.0658 % (0) 24.00 % 0.0658 % (0) 24.00 % 0.0658 % (0) Minimum FINANCE CHARGE: 0.00 PlI\lN/IFPS EXHIBIT 0-2~ .s/2S. p <5 N' IIUH~!llijf$L' -. 'f":~'t~, ~- d'jJ ,$L. ..,.<[L ". . ,."..' '. ~ * iW ....w...~ ~'* :=:..~."1t~ .., ,~~ ~<'{,t ,.~ d"JtkQ.,., *,H1 ;4fH.P.... "'%~.,. ....1 ~Jz..~ @' ~~~".@ J ~~.@ &~.~ Inc Professional Collectors Toll Free (800) 793-6128 Local (763) 585-8003 Fax (763) 585-7881 Financial services Division P.O. Box 361625 Columbus, OH 43236 3003000411*1 0000821 S1 T4 W~RICHARD C SEIDEL '227 FRYTOWN ROAD CARLISLE PA 17013-7756 1",111,"111",",11"11,1,"11,"1,1,1,,11,,"1,11,"1,1"11 Balance: $2,559.48 Account Number: 3003000411*1 Client Ref Number: 4417128122242025 Date: 07/07/02 Dear Richard C Beidel: The debt owed to First USA, account number 4417128122242025 in the amount of $2,559.48 has been placed with this agency for collection. It is our desire to assist you in this matter. Please make arrangements to pay the stated balance. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. Uyou notifY this office in writing within 30 days from receiving this notice that the debt, or any portion thereof, is disputed, this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request of this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Return the lower portion of this notice with payment in full in the enclosed .envelope. 301-3*111 ---...-------------.-.-----..-------.----------------------------------.-------------.------------ Detach and return with payment. Sincerely, Chris Thunder X6641 Account Representative (800) 793-6128 Allied Interstate, Inc. Collection Division Date: 07/07/02 First USA Amount Due: Amount Remitted: $2,559.48 $ 3003000411 *1 BFUSA Allied Interstate Inc. Bankcard Server P.O. Box 361625 Columbus, OH 43236 1,1"1"11,"1,1,,11,,11,,",11,11,,"1,1,1,1,,,1,1,1,1,,"III PLAINTIFPS EXHIBIT I!J Cl_'2.-S-A7 ~ -q;;~_~~;U _, . '!IIfi!!I.lt ftll'll!'l""1 T. ~l - , "~. " , rielJj ,,",oW"<<:'''' '2tp ("",>>;$ JL(CBi&~;. Inc. Professional Collectors Toll Free (800) 793-6128 Local (763) 585.8003 Fax (763) 585-7881 Financial services Division P.O. Box 361625 Columbus, OH 43236 3003000411*1 Ollll1l423SJ,T4 r.(~RICHARD C SEIDEL ~227 FRYTOWN ROAD CARLISLE PA 17013-7756 1",111",111"""11"11,1",11",1,1,1,,11,,,,1,11,,,1,1,,11 Balance: $2,559.48 Account Number: 3003000411*1 Client Ref Number: 4417128122242025 Date: 08/06/02 FIRST USA 70% SETTLEMENT Dear Richard C Beidel: The balance due on your First USA account is $2,559.48. First USA has authorized us to offer you a settlement of 70% on your total balance. We will accept 70% of $2,559.48 on your account, provided that these funds are received no later than 14 days from 08/06/02. If you are unable to take advantage of this settlement offer, contact Mike Finke X 6565 at (800) 793-6128. Return the lower portion of this notice with settlement in full in the enclosed envelope. This is an attempt to collect a debt. Any information obtained will be used for that purpose. First USA is required to report indebted forgiveness in excess of $600 to the Internal Revenue Service. Form 1099C will be supplied by First USA for any account settled in excess of $600. 312-3 ------..--.-...-.------.--.----.----.---De;;ch-~d~;~.;fihp;;~;ni~--......_......_-a_----..--------_._-- Sincerely, Mike Finke X 6565 Account Representative (800) 793-6128 Allied Interstate, Inc. Collection Division Date: 08/06/02 FIRST USA Amount Due: $2,559.48 Amount Remitted: $ 3003000411 *1 BFUSA Allied Interstate Inc. Bankcard Server P.O. Box 361625 Columbus, OH 43236 1,1"1"11,"1.1,,11,,11,,",11,11.,,,1,1,1,1,"1,1,1,1,,,,11I r PLAINTIFPS EXHIBIT P00004-11!lllIJ47blozBRE "I q-u;. -6l 5~' 2002-08-06 1 0:44:03. 793-AL T00120020806PP001 8-1.330 '-~_"""'~""il''''"'''' ,( 'I'l6J. ~illII-~ ""~ "T' I" ,." - ~. , --. DDA009LE MCCOYSE Waypoint Bank DEMAND - Account Inquiry Short Name 9/18/02 11:46:24 BEIDEL, RICHARD C Account Number 100122571 Monetary Activity ......................................................................................................................................................... .. Nbr Debits: Nbr Credits: 3 Lst Stmt: 8/28/02 Last Stmt Balance: o Nbr Enclosed: 0 Current Balance: 257.80 177.80 Eff Date B Batch Trcd Description Check Nbr Tran Amount P 08/28/02 - 051 ~ CHECK ~12 1,300.00 Y Current Ba1 2~l:l.l:l0 Post Dt Src SubSrc 0l:l/2l:l/02 Nm Seq Nbr l:l660~90 Int Rate Trace Nbr .0000"0" Collected Bal 2:'8.80 User ID Override ID Workstation Time CHECK F2=Fold/Unfold F9=Teller/Memo F3=Bxit F4=Field Help F10=Search/Display Opts + F7=Non-Monetary F8=Package Post F12=previous F13=ACH Inquiry .............................................,........................................................................................................ .. ~ r sl- u..5k I /3D 0 I obit-- :tl S /2 RIC ARD C. SEIDEL 7 FRYTOWN RD. CA ISLE. PA 17013.7756 DOL LARS 6'i MEMO \ ..~____.__________________________ At> I: 2 :I L :I 7 2 :I 1:1 71: 0 La 0 L 2 2 5 7 L II' 0 5 L 2 l:j"",~ ~~ fl ~~ , .~. r ~ I , . :::"~F""" ""~",on"" PLAINTIFPS EXHIBIT [) Cl. u: -0 z.. Sfl".-S ".' D~te 0,9/25/02 Time 9:43 am GRIFFIE & ASSOCIATES Detail Slip Listing Date range Slip numbers Attorney Client Activity Custom Fields Reference Slip status Billing status Rate source Bookmark slips Hours Dollars Variance Selection Criteria :04/30/02 through 09/25/02 : All : All :rom-Beidel, Rich : All : All : All : Open : All :All at level All :Not checked : All : All :Not checked Page 1 PLAINTIFPS EXHIBIT C}-l.S -0<- s\l? For time: s=spent e=estimated v=variance Date / Start Time Reference Description Attorney Client Slip# Activity - No Selection ....................... .19359 04/30/02 Telecon with Sears ....................... .20177 05/17/02 Telecon with Client . . . . . . . . . . . . . . . . . . . . . . . .20178 05/17/02 Correspondence to creditors ....................... .20179 05/17/02 Correspondence to opposing party ,;:;~),. ^.~ , .,,' 'f". Rate Level rom rom-Beidel, Rich TC Third Party BILLED: #26876 rom rom-Beidel, TC Client Rich BILLED: #27140 rom rom-Beidel, Rich Ltr Third Party BILLED: #27140 rom rom-Beidel, Rich Ltr Third Party BILLED: #27140 125.00 1 125.00 1 125.00 1 125.00 1 Time 0.10s 0.30s 0.30s 0.10s Total 12.50 37.50 37.50 12.50 f- Date 09/25/02 Time 9:43 am GRIFFIE & ASSOCIATES Detai1 S1ip Listing For time: s=spent e=estimated v=variance Date / Start Time Reference Description Attorney Client Slip# Activity - No Selection . . . . . . . . . . . . . . . . . . . . . . . .20181 05/1 7 /02 Preparation of Petition for Contempt ....................... .21631 07/09/02 Telecon with Client . . . . . . . . . . . . . . . . . . . . . . . .21701 07/09/02 Telecon with Client . . . . . . . . . . . . . . . . . . . . . . . .21702 07/09/02 Receipt and Review of docs from client; modify Petition ....................... .21706 07/09/02 File Petition for Contempt ... .... . .... . . ...... . . . .22763 08/26/02 Correspondence to opposing party 'Ir~~"'!.r^~" ,. ~. Rate Level mm mm-Beidel, Doc Prep Rich BILLED: #27140 mm mm-Beidel, TC Client Rich BILLED: #27650 mm mm-Beidel, TC Client Rich BILLED: #27650 mm mm-Beidel, Rich R/R Document BILLED: #27650 mm mm-Beidel, Rich Filing of Doc BILLED: #27650 mm mm-Beidel, Rich Ltr Opp Party BILLED: #27890 ro 125.00 125.00 125.00 125.00 125.00 125.00 1 1 1 1 1 Time 0.80s 0.10s O.lOs 0.20s 0.20s 1 0.10s Page 2 Total 100.00 12.50 12.50 25.00 25.00 12.50 Date 09/25/02 Time 9:43 am GRIFFIE & ASSOCIATES Detail Slip Listing For time: s=spent e=estimated v=variance Date / Start Time Reference Description Attorney Client Slip# Activity - No Selection ....................... .22764 08/26/02 Correspondence to Sears . . . . . . . . . . . . . . . . . . . . . . . .22799 08/30/02 Telecon with Client . . . . . . . . . . . . . . . . . . . . . . . .22860 09/23/02 Personal service of Order ....................... .22861 09/18/02 Te1econ with Sears ....................... .22862 09/18/02 Office Conference with client ....................... .22863 09/18/02 Telecon with First USA ....................... .22864 09/17 /02 Telecon with USPS regarding service .~f<~- ~= '" Wi:! --< mm mm-Beidel, Rich Ltr Third Party BILLED: #27890 mm mm-Beidel, TC Client Rich BILLED: #27890 mm mm-Beidel, Rich Miscellaneous mm mm-Beidel, Rich TC Third Party mm mm-Beidel, Rich Conf. w/Client mm mm-Beidel, Rich TC Third Party mm mm-Beidel, Rich TC Third Party '" , Rate Level 125.00 1 125.00 1 125.00 1 125.00 125.00 125.00 125.00 Time 0.10s 0.10s 0.60s 0.20s 1 1. 20s 1 0.10s 1 0.10s 1 Page 3 Total 12.50 12.50 75.00 25.00 150.00 12.50 12.50 Date 09/25/02 , " Time 9:43 am GRIFFIE & ASSOCIATES Detai1 S1ip Listing For time: s:spent e:estimated v:variance Date / Start Time Reference Description Attorney Client Slip# Activity - No Selection Rate Level ....................... .22864 cant. ....................... .22865 09/24/02 Preparation of Certificate of Service . . . . . . . . . . . . . . . . . . . . . . . .22866 09/11/02 Costs advanced for certified mail ....................... .22867 09/11/02 Telecon with Client . . ...... . ...... . .. .. . ...22868 09/25/02 Preparation for hearing mm mm-Beidel, Doc Prep Rich 125.00 Qty 1 125.00 125.00 Time 0.10s 1 Amount 8.84 0.10s 1 1. ODs 1 ;~"e 4 ,.,,t ( / ,/. ,/' L., or'. Total 12.50 8.84 12.50 125.00 Subtotal for - Client mm-Beidel, Rich Attorney 5.90s 0.00 Client 737.50 Activity 8.84 Billable 5.90 746.34 Unbillable 0.00 GRAND TOTAL Attorney 5.90s 0.00 Client 737.50 Activity 8.84 Billable 5.90 746.34 Unbillable 0.00 '",,,,,~,~...ll. I"" mm mm-Beidel, Rich $Costs Advanced mm mm-Beidel, TC Client Rich mm mm-Beidel, Rich Prep Hearing