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HomeMy WebLinkAbout07-1520DIANE S. BELIVEAU IN THE COURT OF COMMON PLEAS Plaintiff CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DIVORCE MICHAEL BELIVEAU Defendant No. ~~ ., ~ s-~~ l~lv L / ~~ l> NOTICE TO DEFEND AND CLAIM RIGHTS If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and the Court may enter a decree of divorce or annulment against you. A judgment may also be entered against you for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. When the grounds for divorce include indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOOSE THE RIGHT TO ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 (717) 249-3166 DIANE S. BELIVEAU IN THE COURT OF COMMON PLEAS Plaintiff CUMBERALND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW DIVORCE MICHAEL BELIVEAU _ Defendant No, ~7- /s ~v Ccc.-t`~ ~n- NOTICE OF AVAILABILITY OF COUNSELING You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. DIANE S. BELIVEAU Plaintiff v. MICHAEL BELIVEAU Defendant IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIVORCE No. Q~`j - /S2. ~ l.. l v ~ l~ ~~.Q. '~'~1 COMPLAINT UNDER SECTION 3301(c) or 3301fd) OF THE DIVORCE CODE AND NOW COMES Diane S. Beliveau, Plaintiff, by and through her attorney, Valerie J. Faden, Esquire, and respectfully represents: 1. The Plaintiff is Diane S. Beliveau, an adult individual currently residing at 60 Ridgeview Drive, Etters, York County, Pennsylvania 17319. 2. The Defendant is Michael Beliveau, an adult individual currently residing at 29 North 17t" Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period in excess of six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married September 2, 1978 in East Providence, Rhode Island. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Plaintiff and Defendant separated on or about February 17, 1996. 7. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) -the marriage of the parties is irretrievably broken. B. Section 3301(d) -the marriage of the parties is irretrievably broken. The parties separated on or about February 17, 1996. 8. There no children born of this marriage under 18 years of age. 9. This action is not collusive. 10. Plaintiff has been advised of the availability of marriage counseling and that Plaintiff may have the right to request that this Honorable Court require the parties to participate in counseling. 11. Plaintiff does not request that the Court require that she and her spouse participate in marriage counseling prior to a divorce decree entered by this Honorable Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a final decree in divorce. COUNT I - EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. During the marriage, the parties have acquired property, both personal and real. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide their property. COUNT II -CLAIM FOR ALIMONY 14. Paragraphs 1 through 13 are incorporated herein by reference 15. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living established during the marriage. 16. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 17. Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Pennsylvania Divorce Code. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order awarding Plaintiff permanent alimony from Defendant in such terms as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. Respectfully submitted, By: Valerie J. Faden quire I.D. # 87442 676 Villa Vista Avenue Lewisburg, PA 17837. (570) 523-2026 VERIFICATION I, Diane S. Beliveau, do verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. Date: ~ 1 U' j ~~/ Diane S. B iveau ~ ~ 't9 ~ ~ . ~ ~ O ~ Q t,~ O ~ _ r,~ " ~--. C? t.~ ~ ~ OO Q "~ c ( c'~ ', .. 7~ ~ f . i ~ "€ , ~ I"!t i'r'i I ' C~ t^ NO ~ v ~ c~ ~~ ~: -= t~- - ~ ~ (V --i N "~ ~"~ f~ ~~ h DIANE S. BELIVEAU IN THE COURT OF COMMON PLEAS Plaintiff CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DIVORCE MICHAEL BELIVEAU Defendant No. 07-1520 NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated on February 17, 1996 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may loose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATE: ~ ~ ~ / - Diane S. Beliveau, AINTIFF Y"? ° ~'f ~' ~ ~i~ ~_= -_r, ~~~ r ^~t~ N _~'c:a .,~ _5 ., ~~.~~ {~~ .r' J,~1 `..N ~, DIANE S. BELIVEAU IN THE COURT OF COMMON PLEAS Plaintiff CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DIVORCE MICHAEL BELIVEAU Defendant No. ~~ - ~ 5 2 ~ ACCEPTANCE OF SERVICE AND NOW comes Michael Beliveau, who being duly sworn according to law, deposes and says that he is the Defendant in the above-captioned matter and has accepted service of a true and correct copy of the Notice to Defend and Claim Rights, Notice of Availability of Counseling and Complaint in Divorce filed on behalf of Diane S. Beliveau; and that this Affidavit may be used for filing with the Court of Common Pleas of Cumberland County, Pennsylvania, verifying that service was made on the date below. I, Michael Beliveau, verify that the statements made in this Acceptance of Service are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: ~ ~e ~y~l. ~AO'~ ~V.~ MICHAEL BELIVEAU C:'. t~_ r•a ~ ~ -n -- . ~ i'i'~j-,.- _ ~ ff"; ~ ~ C`a - N _ r r, ~ "fJ ~,,.. ~ ~'?T . { j v " ..._ ~ r n ~a .. -~ N -,_,t ,< DIANE S. BELIVEAU IN THE COURT OF COMMON PLEAS Plaintiff CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DIVORCE MICHAEL BELIVEAU Defendant No. 07-1520 NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(d) DIVORCE DECREE TO: MICHAEL BELIVEAU, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file acounter-affidavit to the Plaintiff's 3301(d) affidavit. Therefore, the Plaintiff can request the Court to enter a final decree in divorce on or after June 12, 2007. If you do not file with the prothonotary of the court an Answer with your signature notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in divorce. ACounter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-316b 1-800-990-9108 ' t ~ ~ ~ .. c: . w R~ ~. rti ~ ~~.~ ri ~ ~ .. i `- `"S ~ .. `~ ...4';. ~± t.i ~''~ DIANE S. BELIVEAU IN THE COURT OF COMMON PLEAS Plaintiff CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DIVORCE MICHAEL BELIVEAU Defendant No. 07-1520 AFFIDAVIT OF SERVICE AND NOW comes Michael Beliveau, who being duly sworn according to law, deposes and says that he is the Defendant in the above-captioned matter and has accepted service of a true and correct copy of the Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Counter-affidavit Under Section 3301(d) of the Divorce Code and that this Affidavit Of Service may be used for filing with the Court of Common Pleas of Cumberland County, Pennsylvania, verifying that service was made on the date below. I, Michael Beliveau, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: ~ ~ MICHAEL BELIVEAU C7 ~ c.~ ~ ~. ~ ;;- " ,; ~ rn ~~_ -Y'~ fr ~ ~ ~ ~ Ff ~. --{" ~4 ~ ti . _~ y = ~ C f"a~, - s "~ DIANE S. BELIVEAU Plaintiff v. MICHAEL BELIVEAU Defendant IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIVORCE No. 07-1520 COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ^ (a) I do not oppose the entry of a divorce decree. ^ (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ^ (i) The parties to this action have not lived separate and apart for a period of at least two years. ^ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ^ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. ^ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. ti I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: MICHAEL BELIVEAU, DEFENDANT NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. ~ ~ + ' ~ == ~',~ z~ ~ ~: ~ -cam. ~ r'_ '"tJ • "'r. -~- `Z -.} r '..-1 = ~ s--C ..v (~ DIANE S. BELIVEAU IN THE COURT OF COMMON PLEAS Plaintiff CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DIVORCE MICHAEL BELIVEAU . Defendant No. 07-1520 AFFIDAVIT AND NOW this 18t" day of May, 2007, I, Valerie J. Faden, Esquire, attorney for Plaintiff, hereby certify that I have served true and correct copies of the attached Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Counter Affidavit Under ' Section 3301(d) of the Divorce Code upon the Defendant by first class mail, postage prepaid on May 18, 2007 at Harrisburg, Pennsylvania, addressed as follows: Mr. Michael Beliveau 29 North 17th Street Camp Hill, PA, 17011 Valerie J. Faden, Esquire ID# 87442 676 Villa Vista Avenue Lewisburg, PA 17837 (570)523-2026 C ~ .~... .--~ ~ ` i -Gt ~i ~ ~ ~', ~ _r'. , '1} r ~-, =r` - i y `_: ~ t :r'. :;% .-- ~ =-G DIANE S. BELIVEAU IN THE COURT OF COMMON PLEAS ' Plaintiff CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW : DIVORCE MICHAEL BELIVEAU . Defendant No. 07-1520 AFFIDAVIT OF SERVICE AND NOW comes Michael Beliveau, who being duly sworn according to law, deposes and says that he is the Defendant in the above-captioned matter and has accepted service of a true and correct copy of the Plaintiff s Affidavit Under Section 3301(d) of the Divorce Code and that this Affidavit Of Service may be used for filing with the Court of Common Pleas of Cumberland County, Pennsylvania, verifying that service was made on the date below. I, Michael Beliveau, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date:~y /¢ :2U~ ~.. MICHAEL BELIVEAU ~ d ~ "' ~°, -z:r :'r' ~-- ~ ~ -„ ~y -~~= CJ? .: C?? ;~. a ~.LY -'~? ~ , ~~ C i ~, ~f MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN DIANE S. BELIVEAU AND MICHAEL BELIVEAU r ~. ~r MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this ~o day of ~j~2007, by and between DIANE S. BELIVEAU, of York County, Pennsylvania (hereinafter referred to as "Wife"), and MICHAEL BELIVEAU, of Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the parties are Husband and Wife, having been married on September 2, 1978 in East Providence, Rhode Island; and WHEREAS, differences have arisen between the parties, in consequence of which they have lived separate and apart since February 17, 1997; and WHEREAS, the parties have resolved it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and WHEREAS, Wife intends to file proceedings under Section 3301(c) and Section 3301(d) of the Pennsylvania Divorce Code to terminate the marriage in the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, Wife and Husband desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, the parties, intending to be legally bound, agree as follows: Initials / 2 1. ADVICE OF COUNSEL: Both parties agree and acknowledge that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement. Wife has obtained legal advice and representation from Valerie J. Faden, Esquire. Husband acknowledges that, prior to the execution of this Agreement, he has had the opportunity to employ, consult with and be represented by separate and independent legal counsel of his own choosing, that he has read this Agreement, and that he has had the opportunity to have this Agreement fully explained as to the meaning and legal consequences of this Agreement by independent counsel. Husband acknowledges that he has elected not to obtain independent legal counsel and that he fully understands the facts upon which this Agreement is based, that he believes this Agreement to be fair and equitable under the circumstances, that this Agreement is being entered into freely and voluntarily by him, and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal Agreement or Agreements. 2. DISCLOSURE OF ASSETS: The parties warrant that they have given a full, complete and accurate disclosure of all assets, of any nature, whether or not the assets were held jointly or in one name alone. The remedies available to either party for violation of this provision shall be those remedies available pursuant to law and equity including the right to punitive and compensatory damages. 3. PERSONAL RIGHTS: Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to her or him may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. EQUITABLE DISTRIBUTION: A. Real Estate (1). Marital Residence: The parties acknowledge that during their marriage they held, as tenants by the entireties, the fee simple interest in the marital residence located at 60 Ridgeview Drive, Etters, Pennsylvania. The current approximate value of the marital residence is $210,000. The parties acknowledge that Wife currently enjoys, unconditional, exclusive possession of the marital residence. Either party may give notice to the other party to list the marital residence for sale with a mutually acceptable Realtor. Wife agrees to list the property within ninety (90) days of either (a) receiving notice from Husband to list the property for sale or (b) giving notice to Husband of her intention to list the property for sale. The parties agree to share equally in the net proceeds from the sale of the marital residence. Initials ~~'~,~-/ 3 ~. B. Household and Personal Property (1). The parties agree that their household and personal property has been divided to their mutual satisfaction. Each party specifically waives, releases, renounces and forever abandons whatever claim she or he may have with respect to all household and personal property in the possession of the other which shall become the sole and separate property of the other from the date of the execution of this Agreement. Husband shall retain the household and personal property currently in his possession as his separate property and Wife shall retain the household and personal property currently in her possession as her separate property. C. Motor Vehicles (1). The parties agree that Wife shall retain possession of the vehicle titled in her name as her separate property and Husband shall retain the vehicle titled in his name as his separate property. Each party shall assume total responsibility for payment of any loans or insurance premiums associated with his or her respective vehicle. ' i ~jfj 3 ~ D. Pensions and Retirement Benefits ~~dcr,~~ Cw~lS"e~~~~c (1). Husband shall retain as his sole and separate r ert ,free from any right, title, claim or interest of Wife, Husband's Retirement, IRA and/or 401 K benefits valued at approximately $47,000.00. Husband ~~ shall retain as his sole and separate property, free from any right, title, ~ -Z~ j ~~~ 3 claim or interest of Wife, Husband s pension account with- ~ ~ ~ ~Cc%1•c I L' i v; ~ S e r vac (2). Wife shall retain as her sole and separate property, free from any right, title, claim or interest of Husband, Wife's Edward Jones Account number 270-93249-1-3, valued at approximately $75,000.00 and Wife's J.P. Morgan Account valued at approximately $25,000.00. Wife shall retain as her sole and separate property, free from any right, title, claim or interest of Husband, Wife's savings, pension and/or retirement accounts with International Paper Company. 5. DISTRIBUTION OF LIABILITIES: A. Loans The parties acknowledge that a joint marital debt exists with respect to the marital residence in the approximate amount of $82,350.00, with PHH Mortgage Service, account number 0004501565. Husband agrees to assume sole liability for this joint debt from the date of execution of this Agreement until the sale of the marital residence, when this joint debt shall be extinguished. Husband further agrees to assume sole liability for any and all taxes and insurance payments associated with the use and Initials ~ / i~~ 4 ~~7 7 ~~7 '. maintenance of the marital residence, from the date of execution of this Agreement until the sale of the marital residence, while holding Wife harmless and indemnifying her from the same. Husband further acknowledges and agrees that Wife shall enjoy exclusive possession of the marital residence from the date of execution of this Agreement until the marital residence is sold and that Wife shall share equally in the proceeds of the sale of the marital residence. B. Ongoing Liabilities Each party shall assume the debts, encumbrances, taxes, and liens on all the property he or she will hold subsequent to the execution date of this Agreement. Wife shall assume responsibility for payment of all credit card debt on accounts in Wife's sole name and Husband shall assume responsibility for payment of all credit card debt on accounts in Husband's sole name. C. Past/Future Liabilities With the exception of the mortgage, property taxes and school taxes on the marital residence, each party represents and warrants to the other that she or he has not incurred and will not at anytime in the future incur, any debt, obligation, or other liability on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or incurs it, and that party agrees to pay it, and to indemnify and hold the other party and her or his property harmless from any and all such debts, obligations and liabilities. D. Miscellaneous Property Any and all property not specifically addressed in this Agreement shall be hereafter owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to transfer any and all rights of such property from one party to the other. The parties acknowledge that there are no joint bank accounts, stocks, bonds or other forms of investments held jointly. E. Indemnification of Wife If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. Initials ~~/ 5 F. Indemnification of Husband With the exception of the mortgage, property taxes and school taxes on the marital residence, if any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. 6. SPOUSAL SUPPORT/TEMPORARY ALIMONY/ALIMONY: Both parties waive any right or claim they may have against the other for alimony, temporary alimony and spousal support effective upon the date of execution of this Agreement. 7. TAXES: A. Prior Tax Years The parties warrant that they have paid all taxes on prior returns through the calendar year ending December 31, 2005; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received. Husband shall give Wife notice of any deficiency assessment and Wife shall give Husband notice of any deficiency assessment of which they individually or collectively become aware. The parties agree that should it ultimately be determined that any deficiency and/or penalty exists with respect to any jointly filed returns, the party responsible for the erroneous preparation and/or non-disclosure of information which has resulted in the deficiency and/or penalty, shall be solely responsible for the payment of the amount ultimately determined to be due, together with interest, as well as expenses that may be incurred to contest the assessment. If deficiencies or penalties become due as a result of individually filed returns, the party who filed the return shall be solely responsible for all sums due, and shall indemnify and hold harmless the other party for any payment thereon. B. Current Tax Year The parties agree to cooperate in filing separate tax returns for the 2006 tax year. Wife shall claim all applicable income tax deductions for the children in 2006 and thereafter. S. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that Initials / ~_~ 6 J~ may be necessary or desirable to effectuate the provisions and purposes of this Agreement and both parties agree to execute his or her consent to divorce upon request of the other party. If either party unreasonably fails on demand to comply with this provision, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 9. WAIVER OF INHERITANCE RIGHTS: Unless otherwise specifically provided in this Agreement, effective upon the execution date, Wife and Husband waive all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest. Each party waives any additional rights, which that party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. Notwithstanding the foregoing recitals contained in this Paragraph 10, in the event one of the parties to this Agreement is deceased prior to the sale and distribution of proceeds from the sale of the marital residence in conformity with the terms of Paragraphs 4 and 5 of this Agreement, the parties agree that the surviving party to this Agreement shall be entitled to assume full and complete ownership of the marital residence free from any claims of the estate of the other. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party specifically waives all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, and each party expressly states that it is her and his intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution. of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. However, in the event that either party specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 11. RELEASE OF CLAIMS: Wife and Husband agree that the property dispositions provided for herein constitute an equitable distribution of their assets anal liabilities pursuant to the Pennsylvania Divorce Code, and Wife and Husband waive any right to division of their property except as provided for in this Agreement. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and her or his heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, 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 Initials / ~~ (~ 7 ~. •I Pennsylvania, any state, commonwealth or territory of the United States, or any other country. Except for the obligations of the parties contained in this Agreement and such rights are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. WAIVER OF PROCEDURAL RIGHTS: This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. 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 effectuated without the introduction of outside funds or other property not constituting the marital estate. Both parties hereby waive the following procedural rights: • The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code • The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code • The right to have the Court determine which property is marital and which is non- marital, and equitably distribute between the parties that property which the Court determines to be marital • The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, or any possible claims not addressed in this Agreement 13. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of six (6) years from the date of the divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. MODIFICATION /BREACH: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties. In the absence of modification by mutual agreement, the parties shall first make a good faith effort to resolve any modification issues through an Alternative Dispute Resolution (ADR) process, such as Mediation or Collaborative Law, before pursing litigation. If either party breaches any provision of this Agreement, the other party shall have the right, to sue for damages for such breach, or seek such other remedies or relief as may be available to her or him. The non- breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach of any provision of this Initials ~ / /~( 8 .~ '- Agreement. 17. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date first written above on Page 2 of this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 19. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms unless made in writing by the parties. 20. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 21. AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 22. ENTIRE AGREEMENT: Each party acknowledges that she or he has carefully read this Agreement and that she or he has had ample opportunity to discuss its provisions with an attorney of her or his own choice and that she or he has executed this Agreement voluntarily. This instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties.. This Agreement should be interpreted fairly and simply, and not strictly for or against either party. 23. AGREEMENT TO BE INCORPORATED BUT NOT MERGED: This Agreement shall be incorporated in a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Pennsylvania Divorce Code, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. - t ~CGC-r ---.. DIANE S. BELIVEAU, Wife MICHAEL BELIVEAU, Husband Initials ,~~~~/ i~ 9 :. COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF~ G~eL~- . BEFORE ME, the undersigned authority, on this day personally appeared DIANE S. BELIVEAU, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of L~~ G-~2~ , 2007. liZ2-~ ~. KAREN E. EVANS, Notary Public Camp Hill Boro, Cumberland County COMMONWEALTH OF PENNSYLVANIA My Commission Expires May 6, 2007 ss. COUNTY OF ~ ~/ =-~1 ~ ~ BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL BELIVEAU, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~~ day of ~ , 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA STEPHANIETNEBLL NoEtary Public Camp Hill Boro, Cumberland County Cntllmission E irds Jarl, ~5 2011 Initials ~~ 10 DIANE S. BELIVEAU : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DIVORCE MICHAEL BELIVEAU Defendant No. 07-1520 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: 1. Grounds for divorce: the marriage is irretrievably broken and the parties have lived separate and apart since February 17, 1996. 2. Date and manner of service of Complaint and Affidavit: Defendant's Acceptance of Service executed on March 26, 2007 for the Complaint and Defendant's Affidavit of Service executed on April 24, 2007 for Plaintiffs 3301(d) Affidavit. 3. Date of Service of the Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Counter Affidavit: Defendant's Affidavit of Service executed on May 19, 2007 for Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Counter Affidavit. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated March 26, 2007 and are incorporated, but not merged, into the Decree. See paragraph 23, page 9 of the Agreement. DATE: /a ~~~ 7Z ~k~ , Valerie J. Fa ,Esquire I.D. # 87442 676 Villa Vista Avenue Lewisburg, PA (570) 523-2026 Attorney for Plaintiff ' ..., _.. C ;-_-~ - _ ,._,~ ....~ ~; -.~-; I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Diane S. Beliveau Plaintiff VERSUS Michael Beliveau Defendant N O. 2007-01520 civil DECREE IN DIVORCE AND NOW, ~~ 2007, IT IS ORDERED AND Diane S. Belt~veau DECREED THAT _ PLAINTIFF, AND Michael BellyeaU DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOR THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated March 26, 2007 and are incorpora~~d but not merged, into this Decree. ~~ ~~ ~~ ~~ ~°~ ~~ - 9