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Home My WebLink About01-03428 . . . . .. . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. 01-3428 . DECREE IN DIVORCE . . . AND NOW, , IT IS ORDERED AND . LeAnne E. Beil DECREED THAT , PLAINTIFF, AND Joseph P. Beil , 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 Mari ta] Settlement Aqrep.ment executed on the 30th day of July 2001 shall be incorporated into this Divorce Decree. . . . By THE COURT: . . . Am5T~ PROTHONOTARY . . . . . . . .. . . . ";:,'~~"~,", --""','F"'-"~,,:_";",,>""ry':"",'7',,, :"" -,'-, "",., '01 "-,,,~- ,'Op. , - ~: ~j" -' 7,<" , . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 1 , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LeANNE E. BElL, PLAINTIFF, Civil Action---Divorce Case No. (')1- ~::)J.IV C~~~Cl~~a.)'l V. JOSEPH P. BElL, DEFENDANT, NOTICE TO DEFEND AND CLAIM OF RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 ;~ o " , ':"'~..J ',' . .'" ...."" ,,~,~ ,- ~'-" " ',;, =, " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LeANNE E. BElL, PLAINTIFF, Civil Action---Divorce Docket No. vs. JOSEPH P. BElL, DEFENDANT A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud, Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para e1 divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cameron County Court of Common Pleas, East 5th Street, Emporium, Pennsylvania 15834. SI USTED NO RECLAMA PENSION ALIMENTICIA. JPROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS.USTED DEBELLEV AR ESTE PAPELA UN ABOGADO DE lNMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA 0 LLAME A LOFFICINAINDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 '\<""" ,,- ~- , '-':'\7'~~' ~"', ,J;-- - ,".. ,,, " ~ r,> :'"" ,,',~,,", , " ~ . , . AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301 (c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)----------Irretrievab1e Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office ofthe Prothonotary of Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Gre S. squire orney for Plaintiff 20 South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-0490 '1J;! __,', ~ " t.,,,",,'." ,__, , " _ 0 . c' ,-- ,,~!,; ,0, ,3__" ,-<- __ ." 1 " .----'?''''', ~,," ';"'~, , f"_1 - ,,-- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LeANNE E. BElL, PLAINTIFF Civil Action---Divorce Case Number 01- 3 'I'; 1 CW.:1 ,.- ~ VS. JOSEPH P. BElL, DEFENDANT COMPLAINT UNDER SECTION 3301(C) OR 3301(0) OF THE DIVORCE CODE PARTIES 1, Plaintiff is LeAnne E. Beil, an adult individual, sui juris who currently resides at Briargate Road, Mechanicsburg, 17050 in the County of Cumberland, Commonwealth of Pennsylvania, 2, Defendant, is Joseph P. Beil, an adult individual, sui juris, who currently resides at 4 Briargate Road, Mechanicsburg, 17050 in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3, Plaintiff has been a resident of the Commonwealth of Peunsylvania for a period of more than 6 months. 4. The parties were married on the 2300 day of April 1984, in the County of Cumberland, Commonwealth of Pennsylvania. ,_,,,ta,, ~ " - 5, The Plaintiff is not in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6, There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. COUNT I GROUNDS FOR DIVORCE REOUEST FOR NO-FAULT 3301 (c) or (d) OF THE DIVORCE CODE 7, The prior paragraphs are incorporated herein by reference. S, The marriage between the Plaintiff and Defendant is irretrievably broken, After (90) days have elapsed from the date of the filing of this Complaint, plaintiff intends to file an affidavit consenting to a divorce. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and the serving of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. . 3301 (d) 9. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living Separate and apart since April 1 ", 2001. 10, The marriage is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. 12, In the event that consent from the defendant is forthcoming Plaintiff shall seek a unilateral divorce pursuant to and in conformity with section 3301 (d) of the Divorce Code subsequent to the filing of this Complaint. ',",~ . . ~, ", -',< I' ''''-rLi~~~''' WHEREFORE, if plaintiff request the Honorable Court to enter a Divorce Decree under section 3301 (d) provided defendant does not oppose the entry of such relief. 13. The parties have three biological children that were born within the marriage. 14. The parties have not heretofore entered into any written agreement as to support, alimony, or property division. COUNT II PETITION FOR ALIMONY AND ALIMONY PENDENTE LITE 15. The averments of paragraph 1 through 14, are incorporated herein by direct references thereto as if set forth verbatim, 16. Plaintiff, LeAnne E. Beillacks sufficient income and resources to provide for her reasonable needs in the absence of financial support from the defendant Joseph P. Beil. 17. Plaintiff, LeAnne E. Beil requires reasonable support to maintain the standard of living established during her marriage to defendant during the pendency ofthis action and subsequent to the entry of a Divorce Decree, 18, Defendant, has sufficient income derived from his full time employment which exceeds that of plaintiffs. WHEREFORE, Plaintiff prays this Honorable Court grant her permanent Alimony and Alimony Pendente Lite. ~.O , . Hi _0'_ COUNT III PETITION FOR EQUITABLE DIVISION. DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 19. The averments of paragraph 1 through 18 of Count I, II, are incorporated herein by direct references thereto as if set forth verbatim. 20. The parties are the owners of various items of personal property and real property which qualifies as marital property as defined in Section 40 1 of the 1980 Divorce Code. 21, Such marital property includes real and personal property as well as other Intangible property thought to exist, including but not limited to pensions, retirement plans etc. 22. Such property is subject to equitable division, distribution and assignment by this Court. WHEREFORE, Plaintiff prays that this Honorable Court: (a) Equitably divide, distribute and assign all ofthe parties' marital property: (b) Enjoin Defendant from transferring or encumbering any marital property during the pendency ofthis action. " Dated: HAZLETT & OESTERLING ATTORNEYS AT LAW VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint 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 ~Q~ t. &JJ LeAnne E. Beil, Plaintiff Date: 5-11-0( " ,~, , ,1". . -, Tn :'-"'- "~, ~< ~"'" . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LeAnne E. Beil Plaintiff v. Case Number 01-3428 Joseph P. Beil, Defendant Divorce-Motion for Bifurcation CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that service by way of Acceptance of Service, of the foregoing Divorce Complaint and related documentation was made upon the interested parties listed hereunder by first class mailing, postage prepaid, a true copy on the 4th, day of June 2001 MRJOSEPH BElL 4 BRIARGATE ROAD MECHANICSBURG, P A. 17055 "T""!8W"~"",,~ ~ U,~ ~,.., ~ ~~...... , , ", I _._~ "~ ~ r - .- f,] ,~ mil. .111" .,x "-"~ ~ - ~<'- .;" - " ~,,' '" -"';' ,,',.'~',', "'kCj,"',l"v,'- ';~V' ~,t:"'j~'" "jjn~iiL~Ji~'f .'.r~";"i":~ fiiiif"'r~f"ilf1tl""rJ,'-'r '''>- -,' r'rirM i~f'i', j';,_l c- , ~,; fi~!""J""1=f""'""~i!'I"'~-''''!!W?~il~'iW~ll~~P";,?,;o:,q;~'l'}!'i'!'"''''''' -~r-,'~j,T,'- ,,;;,,;p:,'\('11n"'i,t'0l$1O-/i,"$.ilijl"'1*~4:~~'t-~"t,*,iH.l,'~~~1 . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LeAnne E. Beil Plaintiff, No. 01-3428 v. Civil Action - Divorce Joseph P. Beil Defendant ACCEPTANCE OF SERVICE ~~ I J6:lfl8H -p, Beil, accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling in the above-captioned matter, 1 acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. 1-~-Ol 1 Date t/' f)fjfffZffJe ';tp, [fJevf ,tfJ 17t15() Mailing Address "'"p=,="., ,~ ,~ '(' . ,,! " .. '.' " '"",,' " ml!J'~rl!,~~,IPIf.~~r~",,!F1<W.~~>,~t,",,~J~ ..,' <,--,", ,",'. .i'"'' . .'c,,"'- "'"",f, -,,[i"'" ,"..", "\,,~<'. .;L"'--'j:il'j~l1iRn--""'~:Tr"~"'J'('>'""'U\lr . ~.! 'R~,,",,,eJ~~-'jr~"",,?,"'i' '1'''';T''l''',.:,,-!;,J:''';~~''~'';C;;'fIN;.,il!F~~!A'i''t~~:i!:ia!i,''r;f.t"f'ill;j~'L'il-1!Ii)lll<1i,!i@~~~~~~i1" ..",""""-~'" --- , '^~^ . < IN THE COL~T OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLV ANlA LeAnne E. Bell, Civil Action-Divorce PLAINTIFF Docket No. 01-3428 VS. Joseph P. Bell, DEFENDANT AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on June 4th 2001 and served upon defendant on June 6th 2001 by way of an Acceptance of Service. (Attached hereto). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers Fees or expenses if! 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date:oZ ,5.~O ~ ~~E.GJJ o.-e.~ne E. Bell, Plaintiff ,~,' . -, ." " ~ ~,"i "r. lflij"iEl '.' "'<.", '",'. . ,,%<" "ch :'-;':",,,';'""Q'~',~J"-""}'-~'-~'':' ~b """"';'''--:-,' On"j'l,illtll!'l r'iiliif '1 J r "''j''foe,., ~~..:: / :'-:J -( r'.) ~:- .,'-...: ~__,^" f~~,!"'r~ .j;~lli:!l!lli"Iilf.!!!'f~~l!f"~M~!'(Jiill))lC'I;""':jl';;''!!'!'if:''''~'1G'-'f't;''';'''';''~1":;:'1"'~";!1"!"""-;'l"'-~qi"'~L1F'Wcl'P;;-;tj1'1!,ii1"X~1~i!:mi'~,,;"WJj\l!!!~1I~~ ,~",=,,'.=-~ ,,~ ' _ l; ,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LeAnne E. Bell, Plaintiff, No. 01-3428 v. Civil Action - Divorce Joseph P. Bell, Defendant WAIVER OF NOTICE OF IN'rnNTION TO REOUEST ENTRY OF A DVORCE DECREE UNDER ~ 330HCl OF THE DIVORCE CODE 1. I consent to me entry of a final decree of divorce wimout notice. 2. I understand rhat I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim mem before a divorce is granted. 3. I understand rhat 1 will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: c1-05-6~ ~ [~ &:J LeADDe E. Bell, Piluntiff ''l~llIi!l '" ~ . " , "~,~P " , "- ' , ~ t '. " .., ."~. '" "'M'~~,"" -- ~'''',- " ,;)i~< "'~"h.'. ,", '-';'--'''''''(': ,-- ~" ,.",,.," D'i~'~ilin[trlr} "1'''';-' ,O~, o"ll~-m~-;;i~ -;l '0;::) (,1 ~".J .,..,,1 ,',~ H ,"?';"_"'r1F'_ ~,j!..oIIiIlW~~~:!,!,f~~;!t:w;"r'~x;S-'~C"~;," n"'~"i',=,;,:;,,,,"-"C"~""';":'",,H"~";i!J',W;""4*,1!!'l'tH1'''<\;;:',:!f;~i'Sr,';(;:~f~~I~.f;l'~~~Mi'!''' " '" , ,,";,_W 0," ,q,., """" 11- .1 oJ! IN THE COVRT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLV A.....'1A LeAnne E. Bell, Civil Action-Divorce PLAINTIFF Docket No. 01-3428 VS. Joseph P. Bell, DEFENDANT AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301( c) of the Divorce Code was filed on June 4th 2001 and served upon defendant on June 6th 2001 by way of an Acceptance of Service. (Attached hereto). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date of service of the divorce Complaint. ' 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony; division of property, lawyers 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date:a--I- ~g l' --" ~ ~,'" ~~.~- ~ '" -'~ "M,~"".'-~ --'.""",~W~.7"'.;r"<< ,,,',,;,,,",,,',. ,s::.io" '",-v..,,,,,,,"',\'-,:,,p~ . ".~t;.j--"clil"ltiIl]:l]t'"j1ffir:~'I-'<""'u'1it'mf~ 1"'1 .. ""I. to, I ~ \I fl o C~ ':"": ~l! t." rT'l {', Z--:-. i'<! ~','I :~/~ ;; l'~_ ::0'.., ,.;::;' "',,' ,~ "L~ t .~; ,~~r<:~,~_i ~~~ ')l!l~rji!l~[ ,,~,,)~~~~\r"1\.9~K,q!'$l"l!i~I~~~);~'1~',%)m>-#'!;"\1';'~';'Y'}"".' ".""""I~""o'.'!'I',W' ""i':}[',;;d'\"'i_"i!'W;:~"'!"''f'i''i~~ ;"FJiR''8:'r'"'1ipf'\~~~~Ri ,.,I" , ... oI! r, ... , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LeAnne E. Bell, Plaintiff, No. 01-3428 v. Civil Action - Divorce Joseph P. Bell, Defendant W AIVEJi OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DVORCE DECREE UNDER & 3301 rCl OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.. 1 verify that the statemems made in this affidavit are true and correct. I understand that false statements herein are made subject 10 the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Da~. H-~~ rJJ P. Bell, Defendant '~, ,";" ,~ " '" ",,' < '"); ~>:'"" ^", . ", '-- "~ " ~~ " , " ~ i0 ~".~ ~,_ ""''' ,"""^""CC "" ' "'0''',''1\'-',,,",; "'""', ,:CO",""" ,~,,,,'f ,..,""v;""-~,;;,,,.q;"'~"""ilu'li:1R1Ur'~"'" 'JIil"';S':&"'" ""', '~r '(C(',"'1> 'fl . " . ... '" ," '", CD!~;' .:?":i C/~ ' C"",- ~,:~ '-. ,~t;.~; ';"""'S; --, , " (~,i <- ",.1 c -;;:, "-_J ," ~,",'fJ!iJ ~ .' ~_~;a<~'II!!1'l;;;:!l$'!!!~~~~NlfflJ'1'!I;,~""~,~]W*,.-riJl','l-'r;;1i'~M'~W~,"'~'"~"'iM'!"'~"""'d!!1i";j',~,;i:j!i"''''['?'''"-';T'''''''''';'''''~A~~~1fflil\Ri- " . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF LeANNE E. BElL AND JOSEPH P. BElL TInS AGREEMENT made this .:?i)"f40/ ,day of , 2001, by and Joseph P. Beil hereinafter between LeAnne E. Beil, hereinafter referred to as referred to as" Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on Apri123'" 1983; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other as fully as if he or she was single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried 3, WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about June 16th 2001, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her subsequent to the entry of 1 & t " - - ~--~ c :" ";-~P"1'l ~~>~,~'.' . . " . the divorce decree. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about June 16th 2001, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife hannless from any and all claims and demands made against her by reasons of debts or obligations incurred by him. 4. OUTSTANDING JOINT DEBTS: It is represented as between the parties that there are currently joint marital debts incurred during the marriage and consisting of a home mortgage and financing on two automobiles of the following make and models: a 2001 Jeep Grand-Cherokee, which is titled in husband's name alone, and a 2001 Town & Country LXI, which is titled in wife's name alone. Husband shall maintain legal and equitable ownership of the jeep Grand-Cherokee and maintain all financial responsibility relative to the ownership and maintenance of said vehicle. Wife shall maintain legal and equitable ownership of the 2001 Town & Country LXI and husband shall pay the monthly financing as outlined in Paragraph nine (9) herein, 6, MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to any and all legal or equitable claims not otherwise provided for or allowed within this agreement, inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either' of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions 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 party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party a! the time the division of property is to become effective, The division of eXisting marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property 2 ~ ; r~ ~.... * "! < ~ ' ~" "~ .. ' under this Agreement shall be in full satisfaction of all marital rights of the parties, A, DISTRIBUTION OF PERSONAL PROPERTY The parties hereto have mutually agreed that they will divide all personal items consisting of, but not by way of limitation, the household furnishings, appliances, and other household personal property of whatever type, description, and form, between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest is such benefits, From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which they have divided equally pursuant to this agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real of personal, whether such property was acquired before, during or after the marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property, 8. REAL PROPERTY: The parties to this agreement have a legal equitable and possessory interest in real property consisting of a marital home located at 4 Briargate Road, Mechanicsburg, PA. 17050 and described as a three, (3) bedroom two (2) story Colonial Home, Husband agrees to pay to Wife a total of $21,000.00 (dollars) in two installments, which comprises fifty (50) percent of the equity in the home. Wife shall receive the amount of $13,000.00 (dollars) as the first installment of the total. of $21,000.00 (dollars) within five (5) days of the signing of this agreement and she shall receive the second. installment of $8,000,00 (dollars) no later than December 31" of 2001. Should Husband sell the home before December 31" 2001 Wife shall immediately receive her distribution of the $8,000.00 (dollars) and shall not have to wait until December 31" 2001 to receive the same. 9. SUPPORT: Husband agrees to pay to Wife the sum of $1,500.00 (dollars) per month for a period of five (5) years to commence on the 15th day of the month following the signing of this agreement and continuing for a period of sixty (60) months. This support shall be intended as an Alimony payment to wife for the period as above described and it is agreed that the receipt of this payment shall not be construed or declarable as income to Wife and shall not serve as a deduction as an expense to husband relative to Federal, State, or Local income taxes. Upon the expiration of five (5) years Husband shall review Wife's [mancial condition to determine whether she is in need of additional support and if it is determined by 3 ~ ~ "lc. "^ ',' " ,. "'" ""w "",,. " . '. Husband that is in need of additional support he shall provide her the amounts he determines to be appropriate under the circumstances as they may then exist, In addition Husband agrees to pay Wife's monthly automobile payment in the amount of $537,00 (dollars) per month until the vehicle is paid in full relative to its current financing or husband can choose to pay the balance of the automobile loan in full, Husband also agrees to pay for Wife's Health Insurance for a period of five (5) years, However, if the wife does re-marry or accepts a live-in companion in her household, this entire paragraph (9) entitled "Support" shall become null and void, thereby terminating the obligation. 10. PENSION PLAN: The party's release any interest in the opposite spouse's checking, savings, accounts Pension, Retirement, Stocks, Bonds, or any other interest, including business interests wheresoever located and which may have accumulated during the marriage. II. CHILD CUSTODY The parties shall have Joint Physical Custody and Joint Legal Custody of their children as they may agree to their schedules and shall cooperate with each other to ensure that each of them shall have equal time with the children. \2, COlJNSEL FEES AND EXPENSES: Husband and wife shall not seek any compensation from the other spouse for Counsel Fees and Expenses, Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the eqnitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and fina1 seulement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties, 13, WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims, 4 db- ~ ,~,~ " I " ,,'0' y~_ '.~~' ~ ';-, 14, SUBSEOlJENT DIVORCE: Wife has filed a no-fault complaint in divorce against Husband under Section 3301 (c) of the Divorce Code, In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement which may be incorporated by reference into the Divorce Decree, shall not be merged into the Divorce Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted and prosecuted by either party and no order, judgment or decree of divorce, temporary, final or pennanent shall affect or modify the financial terms of this Agreement. This Agreement may be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only, Further Husband agrees to sign all related documentation to facilitate the entry of a divorce as between the parties and agrees to sign and return to Wife's attorney such paperwork within 48 hours of the date of the signing of this agreement. 15, BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A, It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. the parties to not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C, Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, 5 ~ ~ " " " . ~ before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 16, ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17, VOLlJNTARY EXECUTION: The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the [mancial affairs of the other which has been requested by each of them. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any other laws, Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement. 19, DISCLOSURR: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an 6 JRr- ~ """'''''t<'/>l'{7''' ",~ __~,' ~ - " ~~~,~ --,-- , ~ ." ," ~,I interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 20. MODIFICATION AND WAIVER: A modification and waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect as well as any verbal agreements or representations occurring prior to the effective date of this instrument. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties, 23. INDEPRNDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24, APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25, VOID (CLAUSES: If any terms, conditions, clause 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. ' 7 ~ ".">C_" , * .. ~ , ,.. ~ ~ "r' ". ~~, ,,~ ",~_F'" 26, AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above writte Commonwealth of Pennsylvania Connty of Cnmberland On this, the '2!J-hL , day of ~ A.D. 2001, before me a Notary Public appeared LeAnne E. Beil, known to me (or sati~) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set Seal p~zL p-t4 f~,';f- Title of Officer NOTARIAL SEAL ROBERT J. GOLD, Notary Public Hampden Twp, Cumberland Counly My Commission Expires July 10, 2003 Co monwealth of Pennsylvania nnty of Cnmberland On this, the 2xJ~ day o/Jut- ~ A.D.2001, before me a Notary Public appeared Joseph P. Beil, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. INWFrNESS WHEREOF,I ,",mm""~~ Jtd~ Title of Office Seal NOTARIAL SEAL ROBERT J. GOLD, Notary Public Hampden Twp. Cumberland Counly My Commission Expires July 10, 2003 8 ~ if '~',~"'~""~-, ,~,,,=,,,,,,,,,,,,I , ,~~ r...,.~ ,~~" 1'8 15\R 1;- e>, ," ,,,,,,,,"""" "";,~ ~;",;,; "';";;'J'i'ii """"':"'[,';.1' 'Jf U J 'fFii"Ut':l''J1'~tI'~' ,~:'~; F ' ..~ Sr'-" ~,~ ~...", .-'-',""- ~-:- :~ (~j ~~~ -",', "'1 ""'.1 lJllR,~~~~~~""''''''''''''''~'~-'~ "'rlrr '!f!,U ,., ,~"I'ij.II!f~~M~~1?:""-"U;;"" "''''':;,'~~'R1.',:n;>c,,~tl):,.\'l'PT't,,~'!i!!l?!t~v''i:'i;<,!';\%*,~P;:jj1,J~~~"" ,e, __~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LeAnne E. Bell, PLAINTIFF, Civll Action---Divorce Docket No. 01-3428 VS. Joseph P. Bell, DEFENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(C) of the Divorce Code. 2. The complaint in Divorce was filed on the 4th, day of June, 2001 and served by Acceptance of Service dated June 6th 200 I, 3 The plaintiff, signed her Affidavit of Consent and Waiver of Notice of Entry of a Divorce Decree on the 5f day of February 2002 which is attached hereto, 4, The plaintiff served her affidavit of consent, Counter-Affidavit, and Waiver of Notice ofIntent to request Divorce Decree on defendant on the 30th day of January, 2002 and the same was signed by defendant on the 4th, day of February 2002, 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a Marital Settlement Agreement which was executed on the 30th day ofJuly 2001, 6, The defendant signed a Waiver of Notice ofIntention to Request Entry of Divorce Decree on the 4th day of February 2002 pursuant to Rule 1920.72 a copy of which is attached hereto Date: (2 /J:3 /~ Atty. I.D. 69528 ","~-, ;; ., ~ ... ~ , ~ "1 - '" )zP f-: ~ ,.~ ,~ ,-''''''''"'''-''' ~, "ljjP, I~WoJ!f;\!l\'i"~L'i'ij~' """",0, "':" "". ~,~ ,'11'.'" ". 0,'1' "' '" -...~ '~_~,"'C,,""" j)" "" ~j;;':'",F, ,:"~~'",O;_;0';;""W'" "II"",,"'''' "'~Il"'''~'"''-''' ~:^;~,'~~-"lt' :'o'~~ --", ;"1 ..- ,~ --) --'. ........, ~~~"'"''''i''';''lf''''ff,FJ'',,~;;:,lY''''''~''l''<'';'\i..*~'Sl~~~;~ilH,ii!f~~ii$;~"".,., ...."1'n'lf]~;~!1Jil"\~ ;t, '~ . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . PENNA. STATE OF . . . TI~Annp F. Rpi 1 Plaintiff VERSUS . Joseph P. Beil . . Defendant . . No. 01-3428 . . . . DECREE IN DIVORCE . ;tu~~ ~12..: IT IS ORDERED AND (, AND NOW, DECREED THAT LeAnne E. Beil PLAINTIFF, AND Joseph P. Beil , 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 Marital Settlement Agreement executed on the 30th day of July, 2001 shall be incorporated into the Divorce Decree. . :+::+:Of. Of. Of. . PROTHONOTARY . J. . . . . . . . . ,. '" '-i:'" ",__r,^~,'1-,"',@'__ -"" ,';" ,"---, ". c I .. . . . . . . . . . . . . . . . . . , . . , . . . . . . . . . . . . . . . . . . ~",~' ~li!iliI;ji;j<~!%I'Z:~!~" iJ'_~i&.iU4>;:t""RC1;;;;"'~-1i'fu!ll;!~~---"'~' 3"~'Od. .3 "'ii' 0 .;2 Q'ft1J!;\')J,,~J!iJ1JJ~: 'C",",."",., '. .~~ ~<~p""~, ",,~,<""',,",''*'._',~!;!:F,'~ ,~,,", ~~""'~, ''''''''',,"" '_ ,~, r ~,~, ~~ ~" ,,~~ ~~ '~.......... " '.... ~mli.' bd&. .\'r ., u.~~z:,4~ '71.rlf:u ~;t ~. 'r " "- ~', -:, , '~ J;t 53 ~