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HomeMy WebLinkAbout01-04729r ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. ~ ~ ~ y~> - .~_ DAVID M. BIGGS N O. O1 -'4729 Civil Term VERSUS MEENAKSHI K. BIGGS DEGREE IN DIVORCE ~'l~• ~~ A.~1 AND NOW, ~~ ' 0 , ~~ IT IS ORDERED AND DECREED THAT DAVID M. BIGGS PLAINTIFF, AND MEENAKSHI K. BIGGS ,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; None. See Marital Settlement Agreement attached as Exhibit "A" to be ATTEST: ,J. PROTHONOTARY t ti ~~ ~~ ~~~ '., d~:, _ :. _ gt~#" N'c't4 V3t'Ars~m +^4rwM.e:u,Zttpg~l~i .FiR FR!.2 . ,. e MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this p(~ day of ~ U 2002, by and between DAVID M. BIGGS (hereinafter "Husband") of Providence, Providence County, Rhode Island, and MEENAKSHI K. BIGGS (hereinafter "Wife") of York, York County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on October 7, 1989, in York, York County, Pennsylvania; WHEREAS, no children were born of the marriage; WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; WHEREAS, the parties are Plaintiff and Defendant, respectfully, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 01-4729 Civil Term; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: Document #: 236569.7 e r 1. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their 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, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory of the United States, or other country. Document #: 236569.7 2 t ~ Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and dischazge 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, including but not limited to alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE The parties owned as tenants by the entireties improved real property situated at 2233 Aspen Place, Mechanicsburg, Cumberland County, Pennsylvania ("marital residence"). Said property was sold on April 19, 2002. The proceeds from the sale of the marital residence, $23,201.94, were placed into an interest bearing account with the Cumberland County Prothonotary Office. The parties have agreed that aforementioned proceeds shall be divided as follows: a. Husband shall receive the sum of $10,500.00; b. Wife shall receive the remaining funds once husband's share has been removed. 5. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction. All personal property currently in Husband's possession shall be the sole and sepazate property of Husband with the exception of items listed on Exhibit "A." All personal property currently in Wife's possession shall be the sole and separate property of Wife with the exception of items listed on Exhibit "B." Any items of personal property not listed within the above Exhibits shall remain with that person or shall be given to charity. All personal property Document #: 236569.] 3 items on Exhibits "A" and "B" must be exchanged within sixty (60) days of the date of this Agn'eement. 6. MOTOR VEHICLES Husband shall retain sole and exclusive ownership of any vehicles in his name and Wife shall retain sole and exclusive ownership of vehicles in her name. Husband and Wife agree to execute, within sixty (60) days of the date of this Agreement any and all forms, titles, and documents necessary to transfer the vehicles from joint ownership to individual ownership as specified herein. 7. JOINT DEBTS Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation currently stands. 8. RETIREMENT BENEFITS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any pension/retirement/profit sharing plan of the other party, whether acquired through said parry's employment or otherwise, and hereafter the pension/retirement/profit sharing plan shall be identified above as being either husband's or wife's and shall become the sole and sepazate property of the party in whose name or whose employment said plan is carried. Document #: 236569.1 ~ e 9. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real properly and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall not constitute alimony, but is made as part of the parties' equitable distribution. 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. Documemt #: 236569.7 5 i 14. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each parry shall be responsible for payment of his/her own counsel fees and expenses. 15. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, includmg all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confmns that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be reasonably acceptable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution, of this Agreement is not the result of any undue influence, collusion, or improper or illegal agreement. 16. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 17. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code, as amended. As provided in section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Document #: 236569.1 y 1 18. DATE OF EXECUTION The "date of execution", "date of this agreement" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement" or "execution date" shall be the date on which the last party signed this Agreement. 19. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the pazagraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each sepazate obligation shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be deternrined 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. 21. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 22. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. Document N: 236569.! ~ J 23. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 24. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 25. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is mutually acceptable, and that they have reached this Agreement freely and voluntarily, without any undue influence, collusion or improper or illegal agreements. 26. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. Document N: 236569.! 8 27. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. This provision will not be enforceable against either party upon their death or inaccessibility while out of the country. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: ., ` ~ ~ ~G DAVID M. BIGGS ~~ ~(~~~ 71a~~~ ENAKSHI K. BIGGS ~ Document #: 236569.1 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ~ar~ph :~ . On this, the~~day of TJ~, 2002, before me, the undersigned officer, personally appeared DAVID M. BIGGS known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h~nd and of,~icj~ll seal. AMY S. MASON, Notary Public City of Harrisburg, PA Dauphin Couhty My Commisslon Exp(res JUne t0, 2006 COMMONWEALTH OF PENNSYLVANIA _~, i_~ SS COUNTY OF Y1 On this, thea!~ day of _ (J/ 2002, before me, the undersigned officer, personally appeared MEENAKSHI K. BIGGS known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and off ' seal. ~~ My Commission Expires: y Notarial Seal Lisa A. Rice, Notary Public Harrisburg, Dauphin County Uy Commission Expires Oct. 10, 2002 Document #: 236569.7 Exhibit "A" Automotive parts 2. Green tent ~~.~,~ desc~ip~r~cvi ~einsJ ~2z,~1'cled -b~r Husda+u~ . Document #: 236569.1 Exhibit "B" Britannica/World Book 2. Wife's jewelry in yellow hamper (upon description being provided by Wife) 3. Seashell (if found) 4. Romance book (1001 Ways of Romance) Suitcase 6. Blue chimes 7. Keys to Mrs. Biggs' parents' home and garage Document #: 236569.1 ~z (] , [. ~ ` r. -_ 7i1 r:) 1>i ~' yi lJ w_ F ,.~ f ~i~ ~/' "`' .Ik F'~ .,s~:e=~ ~ e;~k,.rz}~f5rk~`f~'~~'e~=Y,~em . . DAVID M. BIGGS, Plaintiff v. MEENAKSHI K. BIGGS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4729 Civil Term CIVIL ACTION -LAW ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly 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. Date and manner of service of Complaint: A Complaint in Divorce was filed on August 9, 2001, and served on Defendant, Meenakshi K. Biggs, on August 10, 2001. An Affidavit of Service was filed on August 30, 2001. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiffs and Defendant's Affidavits of Consent required by Section 3301(c) of the Divorce Code: Plaintiff: July 2, 2002, filed July 8, 2002 Defendant: July 2, 2002, fled July 8, 2002 Attached hereto as Exhibit "A". (b)(1) Date of execution of Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of service of the Plaintiffs affidavit upon the defendant: N/A Document #: 238098. / S J 4. Complete the appropriate paragraphs: (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All. (d) State whether any written agreement is to be incorporated into the Divorce Decree. Yes. Attached to Decree in Divorce as Exhibit "A." 5. (a) Date and manner of service of the Nofice of Intention to File Praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(i) of the Divorce Code: N/A (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: July 8, 2002. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: July 8, 2002. Attached as Exhibit "B". METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY vl l ~Jl ~ AXI~N~ bd~ Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 3211 N. Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Plaintiff David M. Biggs Dated: July 3, 2002 Document #: 238048.7 DAVID M. BIGGS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, :CIVIL ACTION -LAW Defendant COMPLAINT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 9, 2001 and served upon Defendant on August 25, 2001. 2. The marriage of plaintff and defendant is irretrievably broken and ninety 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 verify that the statements made in this affidavit are true and conect. 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: ~O~ Oc7. ~~ ~-/J~ David M. Biggs Documen[ #: 226057.] DAVID M. BIGGS, : IN TFIE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, :CIVIL ACTION -LAW Defendant COMPLAINT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 9, 2001 and served upon Defendant on August 25, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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 verify that the statements made in this affidavit aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 7-c2- 0~ /~'~.rv"`/c, p,~t ~ ~ZA1ri~ Meenakshi K. Biggs Document #: 226057.1 DAVID M. BIGGS, Plaintiff v. MEENAKSHI K. BIGGS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4729 Civil Term CIVIL ACTION -LAW COMPLAINT IN DIVORCE WAIVER OF NOTICE OF IN'T'ENTION TO REQUEST ENTRY OF A DIVORCE UNDER & 3301(c) OF THE DIVORCE CODE I . 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. 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 unswom falsification to authorities. Date: ~ ~ ~~ ~~• ~'~ David M. Biggs Document #: 2260571 DAVID M. BIGGS, Plaintiff v. MEENAKSHI K. BIGGS, Defendant IN THE C(5'URT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4729 Civil Term CIVIL ACTION -LAW COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal 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. 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: a -0 ~Ce~.x/c~.e~ (~ ,~ t~ Meenakshi K. Biggs ~~-~ Document#:116057.1 DAVID M. BIGGS, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, :CIVIL ACTION -LAW Defendant : ACTION IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~ day of July, 2002, I, Melissa L. Van Eck, Esquire, of Metzger, Wickersham, Knauss & Erb, attorneys for Plaintiff, Dauid M. Biggs, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Date: July ~, 2002 Document #: 238048.1 Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 N. Front St. Harrisburg, PA 17102-3324 Attorney for Defendant Meenakshi K Biggs METZGER, WICKERSHAM, KNAUSS & ERB Melissa L. Van Eck, Esquire Attorney Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Plaintiff David M. Biggs Fs- `~-` DAVID M. BIGGS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANDCOUNTY,PENNSYLV~AjN-I-A MEENAKSHI K. BIGGS, :CIVIL ACTION -LAW Defendant COMPLAINTINDIVORCE NOTICE TO: MEENAKSHI K. BIGGS, Defendant 117 W. Jackson Street York, PA 17403 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 aze warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe 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 Plaintif£ You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, l Courthouse Square, Carlisle, Pennsylvania. 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 DELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 Document #.' 2009!2.1 DAVID M. BIGGS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY,/}PENNSGYL~VANIA v. NO. ©l -'y7ca ~ l:tc>~L `E'1LWl MEENAKSHI K. BIGGS, :CIVIL ACTION -LAW Defendant COMPLAINTINDIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is David M. Biggs, an adult individual residing at 2233 Aspen Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Meenakshi K. Biggs, an adult individual residing at 117 W. Jackson Street, York, York County, Pennsylvania 17403. 3. Plaintiff and Defendant have been a bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 7, 1989 in York ,York County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Rights Act of the Congress of 1940 and its amendments. 6. Plaintiffs social security number is 184-38-1650 and Defendant's social security number is 160-66-9987. 7. There have been no prior actions of divorce or for annulment between the parties. Document #: 194824.1 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. There were no children borne to this marriage. COUNTI Divorce 10. The averments of paragraphs 1-9 hereof are incorporatedherein by reference. 11. The marriage is irretrievablybroken. 12. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome, as defined by 23 Pa. C.S.A. § 3301(a)(6)ofthe Divorce Code. 13. Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiffand Defendant. COiJNT II Equitable Distribution 14. The averments of paragraph 1-13 are incorporated herein by reference. 15. During the marriage the parties acquired marital property, assets, and debts which Plaintiffrequeststhe Court equitably distribute and assign. Document #: ]94824.1 _.. ~~ . _. - - i - ~ - - WHEREFORE, Plaintiffrequests that this Court enter a Decree in Divorce, enter an Order equitably distributing marital property and enter such other Orders as are appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERB By Melissa L. Stickel, Esquire Attorney I.D. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Plaintiff Date: ~ ~~~ Document k.~194824.! i VERIFICATION I, David M. Biggs hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsificationto authorities. ~~ David M. Biggs Date: ~ ~ ~-~~/ Document #: 194824.7 (~~( ,\ \ ~/' ~ ~ G~ ~~, p^ \ v ~' ( .' c~oc M r~ cm, ~-- ';;' Ruj fy,' :?~, r 7 >` _t.' G94, r ~> ~~ .r. ;- . .~~ ; , -~ =-~ .= ~:,; ~7 .:. r DAVID M. BIGGS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, :CIVIL ACTION -LAW Defendant COMPLAINTINDIVORCE AFFIDAVIT OF SERVICE I, Melissa L. Stickel, Esquire, counsel for Plaintiff, David M. Biggs, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant, Meenahshi K. Biggs via certified and regular mail on August 10, 2001. The certified mail came back unclaimed however the copy sent regular mail has not been returned to our office. Attached hereto, marked as Exhibit "A" are copies of the letters sent via regular and certified mail. Also attached hereto, marked as Exhibit "B" is a copy of the envelope returned marked "unclaimed". METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~~~ ~ ~~~~ Melissa L. Stickel, Esquire I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Date: August 28, 2001 Document #: 274817.1 AugcLSt Io, zaal VITA KFGL7L.AK AND CF.,KTIFI:FI) MAIL, 3211 North Fccrnt St,rcti~k BO. F3ou 5360 t'Im:risbu~, PA I?110-1;1300 Fa x: '7:'-234-92'8 Meenakshi h:. I3ibg•s 5~rn~~<~tt_« I I7 W. JaCksorl Street Colonial l'3rp~. York, PA 1.7403 n;-c 2-;ozo Met}taniestnut'g, KF:' I;1 T TS V I;f((r<r5 ¢hipgen~hui~; Doeket No. O1-4729 Civil Our File No. 8(i-:iII (-1~ Dear M.s. Biggs: I`( ~~ Enclosed please i5nd a copy of a Complaint in I)ivon;e which was filed in the Court of Common fleas of Cumberland County. ~C} lr`ery truly yc:turs, h1I3`I'Z(sIR, Vt'ICKfRSHAM, KNA[JSS c ER.B, I'.C. ~~J~ C 14'Felissa I-.. Stickel i\ //n n I v- l _ _g ~ ~ _ .-.-`W.-- W rl Ptisl3ye m ___ _ - -... - h7l..gl`dlr ul Cl !:+a?rfiei Fete 1 _~~._~ .....-._-_. ._ " Poste*v;h Hetum F:3r,.~,iPt F+.: - _ _ J Helo l'.nClUSllie -II +~ iLndarsenent Fe ;i ne..tii 11 _ -__... ._-_- - ~ L".] p R~trnled Uelivnly Fr.:a (FvleruenwM qe ,uaectl . . ........ - . ^.-.-.-. I.] Total Paetage 8 Fees . -~ ~j y C] ~. '~ ... ..-.-.-r Reup~y~~N3me ku l ~r -" --' -- _ __ Y ~ >cw Kd. .1 alwl FYy;rC xr:( . _..... . .. . t ~ 1~. ,i~nrYrf 4. ~ . . ..-_ ~ nx+ar ~yv. Ptn ~ F yr3,~rn~~TY1. ~7 ~ ,, ,, .. j ~ ~!1 4N ~ -- -.- _.--..-. c~ r 'cif... ~IA.:.r«r t{ Karl R. Fiildabrand` St<->ven C [vfi[u~r (7arh Drverc G. Ralph Gtxifn•y Steven C'. ('rnnlnA~y (rands J. L.Affcfrty, IV [}a l'1(t !-t. [Vli::[`aIIIP[141 Arxirew' W. IVnrEleet SU•ven C.klrif rA><a[mrnt 8: 2/.4J'R4.7 bAelfssa G. Stickel ' HaurA CrrhJ&•d Va A~icel trio! U~m s+:d a!m[cr y Frl/the f1..fimml Nn+v':i ~; I Y U i~ }" __ °~ ~''' N' Y O N ' : ¢ e o o ~ .. _. ~ w ~ ~ o .iy _. a o ~ (T1 o ', ; ~ o , c _ ~~ ~_ i 0 w r //f ~ ~ o o T ~ aONmC ~ T \ ~ m=x may- r oma3ooy ~° ~r ~ ~maR °o ~ _ w ~ 9yyGm J ~ = RJ °omzy ~ ~ -a ~r~ 9y ~ _ ~ 0_' N = ~ D 3 - w _ o ~~ ~ a j _W n~ . D N O ~' fn n D -~. .. ~. ~ O ~ o mC y ~ C T rmC'f yT me=mo ~m=Om ommoy ~m9y0 x 9yy0m 099 ~y om=~ Oy 9 m H ^ m C O H 2 m 9 O (n CAD ~_f .+w~- yGC '- C ~~cK ` • ~ V j ~ + , ~iu'~rL-+ iiiii 3.x`16: Fi3^S'"` r m N v E ~T ~ '~='. x:~ O Z ~ m Y ? ~A2'i.Ci ] ~ ^ p .Q o m '~`: s .W v M :. ~1 rr^^ c~1 v, ~ S ~` 4'7 ~. r _, T i ~ , O O ~, g a a Q ~ "~ ; Q V ~ ' 4S- n. - O _ _ _ - «. ^OO^ r:- iyx C" ~ ~~ ~ ~: i ' ~ ., . ° T' f J =t ~ i 1 DAVID M. BIGGS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, :CIVIL ACTION -LAW Defendant COMPLAINT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c} of the Divorce Code was filed on August 9, 2001 and served upon Defendant on August 25, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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 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: ~d ~a ~G~Q ~~i'~~~~, David M. Biggs Document #: 226057.7 C'3 c ~ r-~ ~,-; J `_: ~_ r- -_ DAVID M. BIGGS, Plaintiff v. MEENAKSHI K. BIGGS, Defendant i .c ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4729 Civil Term CIVIL ACTION -LAW COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of properly, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and conect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: ~ ~ 0~ David M. Biggs Document N: 2260571 ~~ lj w c~. i i ~° c... "~ ~~ _ __ [TIiT: _ - "_ __ ~: ~_ r ~: F". - ~ ~'"' C:_~_ " ~ ._~ ,oa- x -..,.;w~m-,maha~g ~ li V t 1• i DAVID M. BIGGS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, :CIVIL ACTION -LAW Defendant COMPLAINT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 9, 2001 and served upon Defendant on August 25, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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 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 unswom falsification to authorities. Date: /'c2- 0~ /v~NG Qn.t ~ ' ~z~~ Meenakshi K. Biggs Document#:226057.1 x, ~ DAVID M. BIGGS, Plaintiff v. MEENAKSHI K. BIGGS, Defendant ~ ~ ,, b IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4729 Civil Tenn CIVIL ACTION -LAW COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER & 3301(c) 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. 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: 02'4 in'~,t'~f-wQ/G~ ~~ - ~c9 Meenakshi K. Biggs ~~ Dgcument #: 226057.1 y ~i. y DAVID M. BIGGS, Plaintiff v. MEENAKSHI K. BIGGS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 41-4724 Civil Term CIVIL ACTION -LAW DIVORCE 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 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 rclicfrcqucstcd in these papers by the Defendant. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAW YEK'S FEES OK EXPENSES BEFOKE A DIVORCE OK ANNULMENT 1S GKAN'I'ED, 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 iVHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 DAVID M. BIGGS, ~ : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 01-4729 Civil Term D~ENAKSHI K. BIGGS, :CIVIL ACTION -LAW Defendant :DIVORCE COUNTERCLAIM IN DIVORCE The Defendant, Meenakshi K. Biggs, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Counterclaim in Divorce: 1. The Plaintiff, David M. Biggs, is an adult individual who currently resides at 2233 Aspen Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Meenakshi K. Biggs, is an adult individual who currently resides at 117 West Jackson Street, York, York County, Pennsylvania, 17403. Count I -Divorce Pursuant to 53301(a) of the Divorce Code 3. The prior paragraphs of this Counterclaim are incorporated herein by reference thereto. 4. The causes of action and sections of the Domestic Relations Code under which Defendant beings this Counterclaim are as follows: (A) Section 3301(a)(1) -Plaintiff willfully and maliciously deserted Defendant, the innocent and injured spouse, and has been absent from the habitation of Defendant, without a reasonable cause since June of 2000. (B) Section 3301(al(6) -Plaintiff has offered such indignities to Defendant, the innocent and injured spouse, as to render her condition intolerable and life extremely burdensome. Count II -Counsel Fees. Exuenses and Costs of Suit 5. The prior paragraphs of this Counterclaim are incorporated herein by reference thereto. 6. Defendant has retained an attorney to bring this action and has agreed to pay her a reasonable fee. 7. Defendant has incurred and will incur costs and expenses in prosecuting this action. 8. Defendant is not financially able to meet either the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. WHEREFORE, Defendant requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Count III -Equitable Distribution of Marital Property Pursuant to X3502 of the Divorce Code 9. The prior paragraphs of this Counterclaim are incorporated herein by reference thereto. 10. During the marriage of the parties, they acquired real and personal property, which constitutes marital property under the Divorce Code. 11. This Honorable Court is authorized by the Divorce Code to equitably divide, distribute or assign the marital property and liabilities between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, the Defendant respectfully requests this Honorable Court to enter an order of equitable distribution of marital property pursuant to §3502 of the Divorce Code. Count IV -Alimony, Alimony Pendente Lite 12. The prior paragraphs of this Counterclaim are incorporated herein by reference thereto. 13. Defendant lacks the sufficient property and resources to provide for her reasonable means. 14. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests this Honorable Court to enter an award of alimony pendente lite and alimony until final hearing and hereafter. RESPECTFULLY SUBMITTED: 7eann6 B. Costopoulos, Esquire COSTOPOULOS& WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ID No. 68735 (~ Telephone: (717) 221-0900 Dated; ~ /6 ~~ Fax: (717) 221-0904 ATTORNEY FOR DEFENDANT f. m;•~~ DAVID M. BIGGS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : No. Ol-4'729 Civil Term MEENAKSHI K. BIGGS, :CIVIL ACTION -LAW Defendant :DIVORCE VERIFICATION I, Meenakshi K. Biggs, Defendant in the above referenced divdree action, hereby verify that the statements made in the foregoing Divorce Counterclaim are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~ ~~ ~,-- ~ ~- Signature: a,lCvG.a. ~ ~rtNL`,~ Meenakshi K. Biggs ~ c,~; ~~ ° 0' ~ ~.. r' w ~' ~, o ~ ~~ DAVID M. BIGGS, . Plaintiff v. MEENAKSHI IC. BIGGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4729 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of April, 2002, by agreement of the parties, it is hereby ordered and directed as follows: 1. The net proceeds from the sale of the marital residence shall be deposited with the Prothonotary to be placed in an interest-bearing escrow account. No distribution or withdrawals may be made from that account without further order of court. 2. The parties have agreed that the $2,100.00 received to date from the rent of the marital residence was applied to a marital debt owed to wife's parents. 3. The parties have further agreed that the marital residence was rented by wife without the knowledge or consent of husband. Melissa L. Van Eck, Esquire Attorney for the Plaintiff Lawrence J. Rosen, Esquire Attorney for Defendant .R~d,d.~,d~; ~.d., y-i9~oZ srs ~~ =1 ~~ ~ ~ .J %. A -„' \p-. 1 ~ 8 ~, , DAVID M. BIGGS V. MEENAKSHI K. BIGGS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-4729 CIVIL TERM ORDER OF COURT AND NOW, this 16rn day of APRIL, 2002, a Rule is issued upon Defendant to Show Cause why the relief requested should not be granted. Rule returnable at a hearing scheduled for FRIDAY. APRIL 19, 2002, at 12:45 p.In• in Courtroom # 5 of the Cumberland County Courthouse. By E. Guido, J. Melissa L. Van Eck, Esquire For the Plaintiff Meenakshi K. Biggs 117 West Jackson Street York, Pennsylvania 17403 -0 - .+yk.. Q.~d N- Tt, bZ _ 1 _ C~,. :sld .a H ~~ FJ 1 l~ (~ 5~ V I Lr~i.: i.C ~~, 'i~ =~ l ~i+~~ Z7 )i~` ~~ ~ ~ _ QQ~ D DAVH) M. BIGGS, Plaintiff v. MEENAKSHI K BIGGS, Defendant AND NOW, this day of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4729 Civil Term CIVIL ACTION -LAW ACTION IN DIVORCE ATTTT 2002, it is hereby ORDERED AND DECREED that Wife shall return the $2,100.00 she had received in rental funds from the Buyers. It is further Ordered that the $2,100.00 and any net proceeds from the sale of the marital residence shall be placed into an interest bearing account with the Cumberland County Prothonotary. BY THE COURT: J. DAVH) M. BIGGS, Plaintiff v. MEENAKSHI K. BIGGS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4729 Civil Term CIVIL ACTION-LAW ACTION IN DIVORCE MOTION FOR MONIES TO BE HELD BY THE CUMBERLAND COUNTY PROTHONOTARY'S OFFICE AND NOW, comes David M. Biggs, by and through his attorneys, Melissa L. Van Eck, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files this Motion and in support thereof avers as follows: 1. David M. Biggs is the Plaintiff in the above captioned matter. 2. Meenakshi K. Biggs is the Defendant in the above captioned matter. 3. Husband filed a Complaint in Divorce on August 9, 2001, which included a request for equitable distribution. 4. The parties own real estate situate at 2233 Aspen Place Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. The parties' marital residence is located at the aforementioned address. 6. The parties listed the marital residence for sale with Century 21 in October, 2001. In February, 2002, Wife removed the marital residence from the market without Husband's consent. On or about March 3, 2002, Wife signed an Agreement of Sale for the marital residence without Husband's consent or knowledge. Husband later agreed to the sale of the property and signed the Sales Agreement. A true and correct copy of the Sales Agreement is attached hereto and incorporated herein as Exhibit "A". 9. Husband and his counsel have repeatedly requested information from wife regarding the closing date and proof of the deposit made by the Buyers. 10. Wife has continually failed to comply with said request. 11. Husband and his counsel finally took measures to locate the Buyers. 12. It was not until Husband's counsel made direct contact with the Buyers that he was able to obtain the information that was requested from Wife. 13. During the communication with the Buyers, Husband's counsel learned that Wife has been receiving rental funds for the marital residence. 14. Wife has received approximately $2,100.00 in funds from the potential Buyers as rent and a security deposit for the marital residence. 15. Wife did not disclose this information to Husband or his counsel. 16. Husband has further learned that the closing on the mazital residence is to take place on April 19, 2002, at 2:00 p.m. 17. To date, the parties have not reached an agreement as to the distribution of the mazital assets. Documena #: 231975.1 2 18. Based on Wife's actions, Husband believes that Wife will further dissipate, alienate, or encumber other marital property of the parties in order to defeat his claims to an equitable distribution of this marital property. 19. Section 3323(f) of the Divorce Code provides in relevant part: In all matrimonial cases, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require against either party.... 20. Section 3505(a) of the Divorce Code provides: Where it appears to the court that a party is about to remove himself or herself or his or her property from the jurisdiction of the court or is about to dispose of, alienate, or encumber property in order to defeat alimony pendente lite, alimony, child and spousal support, or similar award, an injunction may be issued to prevent such removal or disposition and such property may be attached as provided by the Rules of Civil Procedure. 21. Husband believes that if the net proceeds from the sale of the marital residence and the funds Wife received from the Buyers are not placed into the proper accounts to be held by a third party, Wife may continue on her course of action of inappropriate conduct. Document N: 237975. / WHEREFORE, David M. Biggs, respectfully requests that this Honorable Court grant the following requests: (1) That the court order Wife to return the $2,100.00 that she had received in rent from the Buyers; (2) That $2,100.00 and any net proceeds from the sale of the marital residence shall be placed into an interest bearing account with the Cumberland County Prothonotary. METZGER, WICKERSHAM, KNAUSS & ERB Melissa Van Eck,~quire Attorney Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Attorney for Plaintiff David M. Biggs Date: April ~~, 2002 Document#:231995.1 .. 03/22/2002 20:18 00000000000 11111 11111 PAGE J6 . QF~ER Tq PURL'IfASE REAL ESTATE ae ie wwwn, ta+e u+a«s~eea, Arnr ~ Wmn +~+, olfEr m dom RaNd a Mead ~ nx1 oftaoe la~own as Y131 A~,e, case rn upna ~ P. a the roMai of MedleMnpur~p, ~un6uYM mw+h, -4+•. t1+e a.dw. wwe domed ~ ................................. f75,ApR oq+cme r« paid.,.» ............._...... ADO . n.+nera~ooatupw+~rna ...............'" ~' ara~oa at aaa+dsamana+e._ ........... 6o,~,Z~ snr~. ~`~ TMs dAar to as~dboiwd upon b~aesny 0w+nx ~. euysr oeaahp a ro~ emoe naaryspe. t SYd vrovm~r k.aa 1re~e a dar deq aiaenasnaea, br ~ ana maAoeoMb eae,,rah hN pupdsgon d saa aa~r a~IlaMero a+wrateroeafQoe-w. 3. leis P~'i aye bo ebaa~ s atarrlnd purdq~sda~c apreertrcne aa~ord~rq b the lanr~s d tfib speadnprc wM~ih b0 dsy daacepanoed"thbolKer. 4.11ae eloii~p sM9 aoois an tK 6dbre ~ ~I '~~/ ~~ 5. Tsoooea d tlis sale propMeY eiMll ba pm~Ned is d tlra dsoe d doahq. 6. Ae~O'~Or~ aiNamseu~ MMlatlans: aiyv ~ haae egle sued b a 7aniyy, nil~W~-afls imppead t+y~ MA1~1M!!. e,. i~onyni~ers.p~n~g «~ a+. de or pommon eo n,e won. c ~ ~1i- awMnanlsd ramrd, ~ sale eeaemnMi an ~oceuae an ~ alas ar raw waes dens propaAY a. ra6ees br eMe year d dorhip. 7. Dafeult ey Ewer: M bgyr fib b peA~am ark dtha a d Uss mnb'+Q a pardon deha dapwat Wed p~k m Mrs aonbriCebY b4rrar ad;id sMIF b~ radMxd bYAbr dre sebr as a~Waeadur Ibr tltia exennlon d tlea ca~aad and !n e. Od~ulKby &ehr: x aeWr AYa Eo peAeam am d the ooveaiaNS d dNs mn(ract, d+e aid money DNa W ~ ~. ~ tha apdan aru,. eer..,ki 6s dUanMpo airs. 9.Omeroernspany: ~ LL A~ ~'osi 1`f Tb 13_ {'LIiC.~ d I lJ ,~sC,2Dv~I ~J..~t:'.'.^...?l..~r:~..... a0:~o3 tot. CERTIFICATE OF SERVICE AND NOW, this L day of April, 2002, I, Melissa Van Eck, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Motion for Monies to be Held by the Cumberland County Prothonotary's Office this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Meenakshi K. Biggs 117 West Jackson Street York, PA 17403 Defendant Via hand delivery to: Curt Long, Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013-3387 METZGER, WICKERSHAM, KNAUSS & ERB Melissa L. an Eck Attorney Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff David M. Biggs Date: April ~, 2002 n ~~ o - C::. r~ n _. ~ _ -~ ~ ~ ?'rn ' ~.~ r fY~ ~7 ~ - r ~j ~p .~'i '. _ ~~ ~ r ~i U -re >" i. _ y Jl t~ '~ ~1` DAVID M. BIGGS : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA , V. MEENAKSHI K. BIGGS N0.2001-4729 CNIL TERM ORDER OF COURT AND NOW, this 16~ day of APRIL, 2002, a Rule is issued upon Defendant to Show Cause why the relief requested should not be granted. Rule returnable at a hearing scheduled for FRIDAY, APRIL 19, 2002, at 12:45 p•m• in Courtroom # 5 of the Cumberland County Courthouse. By E. Guido, J. Melissa L. Van Eck, Esquire For the Plaintiff Meenakshi K. Biggs 117 West Jackson Street York, Pennsylvania 17403 :sld ~~~ H ,.~, ~W,~..,.,..~,.~; vi,~ ~n~~s~r ~~~ti~n~ . ...°~+m~r ~canz_ .. _ w ,: g R _z~.w. ~~qm~~~i ~~sro~_~ri~rzrF ~.. _ DAVID M. BIGGS, Plaintiff v. MEENAKSHI K. BIGGS, Defendant AND NOW, this day of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.. 01-4729 Civil Term CIVIL ACTION-LAW ACTION IN DIVORCE nunFu 2002, it is hereby ORDERED AND DECREED that Wife shall return the $2,100.00 she had received in rental funds from the Buyers. It is further Ordered that the $2,100.00 and any net proceeds from the sale of the marital residence shall be placed into an interest bearing account with the Cumberland County Prothonotary. BY THE COURT: J. DAVID M. BIGGS, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-4729 Civil Term • c3 0 ~ MEENAKSHI K. BIGGS, :CIVIL ACTION -LAW ~ "'`' ~ ~+~; (T~r;- - ~ ~ ~ ~, T Defendant ACTION IN DIVORCE '' G C ~ "1 . VJ ,r'_ -s, __ Lft _J t~ ~~ ~ S,: y ~ °{) ...w ~ T ! ~ MOTION FOR MONIES TO BE HELD ~=i, y ~ ~. ~, ' n BY THE CUMBERLAND COUNTY ~ ~ PROTHONOTARY'S OFFICE ~~ -~ AND NOW, comes David M. Biggs, by and through his attorneys, Melissa L. Van Eck, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files this Motion and in support thereof avers as follows: 1. David M. Biggs is the Plaintiff in the above captioned matter. 2. Meenakshi K. Biggs is the Defendant in the above captioned matter. 3. Husband filed a Complaint in Divorce on August 9, 2001, which included a request for equitable distribution. 4. The parties own real estate situate at 2233 Aspen Place Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. The parties' marital residence is located at the aforementioned address. 6. The parties listed the mazital residence for sale with Century 21 in October, 2001. In February, 2002, Wife removed the marital residence from the market without Husband's consent. ..» . On or about March 3, 2002, Wife signed an Agreement of Sale for the marital residence without Husband's consent or knowledge. Husband later agreed to the sale of the property and signed the Sales Agreement. A true and correct copy of the Sales Agreement is attached hereto and incorporated herein as Exhibit "A". 9. Husband and his counsel have repeatedly requested information from wife regarding the closing date and proof of the deposit made by the Buyers. 10. Wife has continually failed to comply with said request. 11. Husband and his counsel finally took measures to locate the Buyers. 12. It was not until Husband's counsel made direct contact with the Buyers that he was able to obtain the information that was requested from Wife. 13. During the communication with the Buyers, Husband's counsel learned that Wife has been receiving rental funds for the mazital residence. 14. Wife has received approximately $2,100.00 in funds from the potential Buyers as rent and a security deposit for the marital residence. 15. Wife did not disclose this information to Husband or his counsel. 16. Husband has further learned that the closing on the marital residence is to take place on April 19, 2002, at 2:00 p.m. 17. To date, the parties have not reached an agreement as to the distribution of the marital assets. Document N: 231975.1 2 18. Based on Wife's actions, Husband believes that Wife will further dissipate, alienate, or encumber other marital property of the parties in order to defeat his claims to an equitable distribution of this marital property. 19. Section 3323(f) of the Divorce Code provides in relevant part: In all matrimonial cases, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require against either party.... 20. Section 3505(a) of the Divorce Code provides: Where it appeazs to the court that a party is about to remove himself or herself or his or her property from the jurisdiction of the court or is about to dispose of, alienate, or encumber property in order to defeat alimony pendente lite, alimony, child and spousal support, or similaz awazd; an injunction maybe issued to prevent such removal or disposition and such property may be attached as provided by the Rules of Civil Procedure. 21. Husband believes that if the net proceeds from the sale of the marital residence and the funds Wife received from the Buyers aze not placed into the proper accounts to be held by a third party, Wife may continue on her course of action of inappropriate conduct. Document #: 231975.7 WHEREFORE, Aavid M. Biggs, respectfully requests that this Honorable Court grant the following requests: (1) That the court order Wife to return the $2,100.00 that she had received in rent from the Buyers; (2) That $2,100.00 and any net proceeds from the sale of the marital residence shall be placed into an interest bearing account with the Cumberland County Prothonotary. METZGER, WICKERSHAM, KNAUSS & ERB ~~U~~~ Melissa Van Eck, Esquire Attorney Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff David M. Biggs Date: April ~ ~ , 2002 Document #: 237975.1 ,03/22!.2002_ 20:18 00000000000 11111 11111 PAGE 06 ~R ~ ~~ REAL ESTATE 9e it taaown, a+a undue. Ann a<Lynn NeM, civet m qe ream t~evtd a Msan~+t root eekaoe known as a23s Aspen Gaut to upper Alen tbrwetl-~1, er d+a rown d Mect~9. []~nbarbnd arstty, P~nnsylranis. t.G'M/iL heawaf- ~......x........r......e ~h... flalfbr depq~R Upon -._......... ~~!! eyes a~er~o~._....~...... a~,s~a. tht~ olarr s ca~dbaest ~ tbbwr+y e.eer; t» et+rar ohpirw+a a row eaorae ewrrospe. ~. seta pna~4r ~ eon tNee ~ dear of as moues, tty aood m+d mantetstre ttue,,Mih sri possesaon d said pteperty aMasOk to t#geer at MOa of Ooateq. 3. Tara peRksqea Eo exse~aa a stairiend pundxxe/~ks agreement aooad~g m the ramie d this sataemcrK wldain 6o dsy daaoeptarrca d'tlMs attar. 4.7'I+e efoir~ !Ilea peas en er 6dbre ~. ~'/~~~~~ 5. Taxes of tlra sskl pn~paKy shsa 4a pratalad as d the daee ddmhg. 6. RetrfCt10n0. lNertrarlt~ Mntisacrq: tt+ryar afraa tnse epla s-tb]mQ bo a. ~ tmpossd by 9 sKRheA4h e. a~a ' ~Opnt appeMMa ~ ~ p~ a oaranon In the eubfawhion. c Rmae u~1 asm~neanisd ramrd, proefded stld esemrrerMs ere krarEsti on the side a roar anm otthe prvpartY- d. Taxes Ibr pMe ywrd dosUra. 7, tietade;ty~: StM[d: a't1nyV ~ b4 pert~ttn any d ttlo t OE tNs QlltheG, a partWn dtlla d pall pususnt b fhlc eontr+M%4t1 tkyeras skreesid rhea tx! retakeed by/Ibr the sager as oonsfdtraUon for the e~oemtlon d this cor~rac! sm Ac tt! aatl~wrtefsr>fr ddmeia9Rrip epUrkapreMrent 9. ttetirlt try €eas: M #NYr }~ Eo p A1N d the corenaxs of ttNa condec4 the sldnesmd mabY timid W the huyc, ar ata apddn dMia 6uYer, st+r1 be releaewd 1m tw~x. 9. otlrert7etrresa'any: ~ LL A ~ dos i T.j '70 D. i't.AC~ b i nl .~sc2ovc/ ..._... ~~v.......... / Y!AMIN~OVIA~ b._. ..~1!_f r)n • Iw.Mnww CERTIFICATE OF SERVICE AND NOW, this L day of April, 2002, I, Melissa Van Eck, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Motion for Monies to be Held by the Cumberland County Prothonotary's Office this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Meenakshi K. Biggs 117 West Jackson Street York, PA 17403 Defendant Via hand delivery to: Curt Long, Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013-3387 METZGER, WICKERSHAM, KNAUSS & ER~B Meli sa L. an Eck ~'~~/l~ Attorney Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff David M. Biggs Date: April ~ 2002 DAVID M. BIGGS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. MEENAKSHI K. BIGGS, Defendant NO. 2001-4729 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of April, 2002, by agreement of the parties, it is hereby ordered and directed as follows: 1. The net proceeds from the sale of the marital residence shall be deposited-with the Prothonotary to be placed in an interest-bearing escrow account. No distribution or withdrawals may be made from that account without further order of court. 2. The parties have agreed that the $2,100.00 received to date from the rent of the marital residence was applied to a marital debt owed to wife's parents. 3. The parties have further agreed that the marital residence was rented by wife without the knowledge or consent of husband. Melissa L. Van Eck, Esquire Attorney for the Plaintiff Lawrence J. Rosen, Esquire Attorney for Defendant srs . ~ ~~ ~e~os~ 1~= ~~ 1 Apri123, 2002 3211 North Fmnt Street PO. Box 5300 Hazrisburg, PA 17110-0300 717-238-8187 Fax: 717-2349478 Other Offices Curt Long, Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013-3387 Re: David M. Biggs v. Meenahshi K. Biggs Docket No. 2001-4729 Our File No. 86-30 Deaz Prothonotary: Colonial Park Mechanicsburg 717-652-7020 717-691-5577 Millersburg Shippensburg 717-692-5810 717-530-7515 Enclosed please find a copy of an Order of Court dated April 19, 2002, wherein Judge Guido ordered that the proceeds from the sale of the marital residence be deposited with your office into an interest bearing account and that no distributions or withdrawals maybe made from that account without further order of court. Also enclosed please find a check in the amount of $23,201.94 in compliance with the enclosed order. Please deposit those monies into an interest bearing account and then send me a copy of a receipt that you have done so. If you have any questions or concerns, please do not hesitate to contact me. Very truly yours, MrET7_,GF,R., Wf~I/C~,KERSHAM`, ~KN,A' LJSS & ERB, P.C. Melissa L. Van Eck MLV sae Enclosures 2 ------_._.__. James F. Carl Edwazd E. Knauss, N* * C: LaWLenCe J. R.OSeri, ESqulre Jered L. Hock KazI R. Hildabrand* Steven P. Miner Clark DeUere E. Ralph Godfrey Steven C. Courhiey Fxanas J. Lafferty, N David H. Martineau Mdrew W Norfleet ' Melissa L. Van Eck Document N: 132761.7 Mdrew C Spears Young-Suh Koo * Board Certified in civil trial lam and advocacy - 6y the Nationat Board of Tria! Advocacy Ln DAVID M. BIGGS, Plaintiff v. 1VIEENAKSHI K. BIGGS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4729 Civil Term CIVIL ACTION -LAW ACTION IN DIVORCE ORDER OF COURT AND NO W,this ~~day of~ , 2002, upon review and consideration of the proposed Decree in Divorce and Marital Settlement Agreement of the parties, copies of which are attached hereto, said Agreement is hereby APPROVED, ADOPTED, MERGED and INCORPORATED herein as the Order of this Court. It is further ordered that the Cumberland County Prothonotary's Office is directed to release the funds being held by their office in the following manner: 1. Husband, David M. Biggs, shall receive the sum of $10,500.00. These funds shall be mailed to: David M. Biggs c/o Erma Weikert PNC Manager Windsor Park Office 5288 Simpson Ferry Road Mechanicsburg, PA 17050 2. Wife, Meenakshi K. Biggs, shall receive the remaining funds thereafter. These funds shall be mailed to: Meenakshi K. Biggs c/o Lawrence J. Rosen, Esquire Krevsky & Rosen,P.C. 1101 N. Front St. Harrisburg, PA 17102-3324 c: Melissa L. Van Eck, Esquire (Attorney for Plaintiff Lawrence J. Rosen, Esquire (Attorney for Defendant) h,.~ a, C^~c~, 7~I ~,~ e a , "" ~ ~_ ~;~ J. ,~- ~~ y~ ~' ~ ~ ~.-~ c. ~ 2: ti ~: ~ . ~ ~_ ~ ,~ ~ Z ~,G } ~~ ~: 1 °7 1Y - ~ o MARITAL SETTLEMENT AGREEMENT y.~ THIS AGREEMENT, made this ~( day of 2002, by and between DAVID M. BIGGS (hereinafter "Husband") of Providence, Providence County, Rhode Island, and MEENAKSHI K. BIGGS (hereinafter "Wife") of York, York County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on October 7, 1989, in York, York County, Pennsylvania; WHEREAS, no children were born of the marriage; WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; WHEREAS, the parties are Plaintiff and Defendant, respectfully, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 01-4724 Civil Term; and WHEREAS, the parties desire to settle fully and finally their respective fmancial and property rights and obligations as between each other, including but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: pocument #: 236569.1 1. SEPARATION Each party shall have the right to live separate and apart from the other parry, free from the other parry's interference, authority and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitafion. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and saue harmless the other parry from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their 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, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or fixture acts, contracts, engagements or liabilities of the parties or by way of dower, curtest', widow'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 Pennsylvania, any state, commonwealth or territory of the United States, or other country. Document #: 236569.! 2 Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other 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, including but not limited to alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE The parties owned as tenants by the entireties improved real property situated at 2233 Aspen Place, Mechanicsburg, Cumberland County, Pennsylvania ("marital residence"). Said property was sold on April 19, 2002. The proceeds from the sale of the marital residence, $23,201.94, were placed into an interest bearing account with the Cumberland County Prothonotary Off ce. The parties have agreed that aforementioned proceeds shall be divided as follows: a. Husband shall receive the sum of $10,500.00; b. Wife shall receive the remaining funds once husband's share has been removed. 5. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfacfion. All personal property currently in Husband's possession shall be the sole and separate property of Husband with the exception of items listed on Exhibit "A." All personal property currently in Wife's possession shall be the sole and separate property of Wife with the exception of items listed on Exhibit "B." Any items of personal property not listed within the above Exhibits shall remain with that person or shall be given to charity. All personal property Document #.~ 236569.1 3 items on Exhibits "A" and "B" must be exchanged within sixty (60) days of the date of this Agreement. 6. MOTOR VEHICLES Husband shall retain sole and exclusive ownership of any vehicles in his name and Wife shall retain sole and exclusive ownership of vehicles in her name. Husband and Wife agree to execute, within sixty (60) days of the date of this Agreement any and all forms, titles, and documents necessary to transfer the vehicles from joint ownership to individual ownership as specified herein. 7. JOINT DEBTS Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation, aze the sole responsibility of the party in whose name the debt or obligation currently stands. 8. RETIREMENT BENEFITS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any pension/retirement/profit sharing plan of the other party, whether acquired through said party's employment or otherwise, and hereafter the pension/retiremenbprofit sharing plan shall be identified above as being either husband's or wife's and shall become the sole and separate property of the party in whose name or whose employment said plan is carried. Document#:236569.7 4 9. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pwsuant to any term of this Agreement shall not constitute alimony, but is made as part of the parties' equitable distribution. 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have detemuned that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. Documemt#:236569.! 5 ~~~~ 14. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of his/her own counsel fees and expenses. 15. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confmns that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be reasonably acceptable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any undue influence, collusion, or improper or illegal agreement. 16. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 17. EFFECT OF DIVORCE DECREE ON AGREEMENT Either parry may enforce this Agreement as provided in section 3105(a) of the Divorce Code, as amended. As provided in section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Document #: 236569. ] 6 18. DATE OF EXECUTION The "date of execution", "date of this agreement" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement" or "execution date" shall be the date on which the last party signed this Agreement. 19. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be detemuned 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. 21. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 22. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. Document N: 236569.1 23. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 24. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 25. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is mutually acceptable, and that they have reached this Agreement freely and voluntarily, without any undue influence, collusion or improper or illegal agreements. 26. APPLICABLE LA This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. Document #: 236569.1 $ 27. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. This provision will not be enforceable against either party upon their death or inaccessibility while out of the country. IN WITNESS WHEREOF, the parties have set their hands and seals the day and yeaz first written above. QR'TTTGCC• r C OC~~2~ DAVID M. BIGGS MEENAKSHI K. BIG Document #.' 236569.7 COMMONWEALTH O IF PENNSYLVANIA COUNTY OF ~~~~ ~ ~ SS On this, the ~ day of ~~_, 2002, before me, the undersigned officer, personally appeared DAVID M. BIGGS known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto COMMONWE OF PENNSYLVANIA j SS COUNTY OF ~1 . On this, the day of V 2002, before me, the undersigned personally appeared MEENAKSHI K. BIGGS known to me or satisfactorily proven to person whose name is subscribed to in the foregoing Marital Settlement Agreemen acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my d and cial seal. ~~ My Commission Expires: officer, be the t, and Notarial Seat Lisa A. Rice, Notary Public Harrisburg, Dauphin Counly My Commission Expires Oct. 10, 2002 Document#.236569.1 Exhibit "A" Automotive parts Linn ~esc.~-Ip~fo'n ~efhq P~ovfd~y{ Gy ~-~u~q~ 2. Green tent Document #: 236569. / Exhibit "B" Britannica/World Book 2. Wife's jewelry in yellow hamper (upon description being provided by Wife) 3. Seashell (if found) Romance book (1001 Ways of Romance) Suitcase 6. Blue chimes 7. Keys to Mrs. Biggs' parents' home and garage Document #: 236?69.1 RECEIPT FOR PAYMENT Cumberland Countyy Prothonotary's Office Carlisle, Pa 17013 BIGGS DAVID M (VS) BIGGS MEENAKSHIK Case Number 2001-04729 Received of ORRSTOWN BANK RKS Total Check... Total Cash.... Change........ Receipt total. + 252.02 + .00 - .00 = 252.02 Receipt Date 7/18/2002 Receipt Time 15:38:02 Receipt No. 127451 Check No. 4873493488 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount POUNDAGE 252.02 CUMBERLAND CO GENERAL FUND 252.02 ~ ~- N M ~ M ~ A CO O ~ ~ ~ ~ r N r- N N N ~ ~ M M N N d' t~ ~ co ~ M M ~ N ~ d' CO ~ C O ~ r- N 7 N N - ~ M M r N N ~L Q. a t V L ~ c G L 3 L d LL 7 ..~ L L.. N ~ =~ E M O -~ _ ~ +-~ O ~ ~ =~ ~ U *k W ~ W e '~~ N C .~ O ~ "~ .~, U ~ m ~' ~ W Z ~ N O O N N N T ~. N R V C O N .i.+ 0 V Q N N ~ ~ o U N o ~ d U c m m m m Y U N L U O O m O N N h N 0 N r N y O U O j ~ p CD CD O m ~ 1' 1' ~, ~ ' i6 :c s ca [p ~p f9 N ~ Y Y C p C C L "p ' ~ U N ~ o m ~ > N N Oi c6 D g ~ a .- N O r N O N O 'a ti W O O O ~ ~ 7 0 N O 1~ N ~ (O ~ O N ~64N ~ N ~ O. N ~ O M j ~ N H3 EA 0 U m O ~ o ~ ~ L ~ O L ... c 3 p (6 T m ~ tq F Y W W W W ' 6 >i ~ N M ~ M M ~ C am p i '7 V d' d ' d ~ M M M M O ~ ~ w m m m C (6 ~ V V' d' d' ~ y ~ ~ ~ 'k' ~ w Y Y Y Y N L t L p n N p L U U U U p ° D U i ~' ~` r N M d N N O O 0 0 c 0 U 0 c E 0 3 0 U .C p p N N N ~ (00 N N O r r F N n E 0 V r W N ~ N w O d G rte- EA .~ d N N ~ M tt d ~ ~ C (`') M O c p >. (0 Q N O a R N N L O F- ~ OJ N rn Y ~ o :~ m N N M ~ .N.. C ;p C N ~ ~ ~ O O C O C d N N N C t6 ~ n ~ N 3 ~ N w ~ O 3 lL ~ ~ o ~. 5 ~ n ~ ~ N M ~ ~ ~ ~` C O O N ~ n ~ E N N ~ ~ M C'7 N N ~ ~ N of r ~ N 7 N N -~ ~ M M c N N R c G ~L Q Q s L L L d LL 7 C fC Q L L Q N ~ :C E U ~ ~ U ~ '~ ~ ~ U..~ ~ W _ ~ ~ ~ ~ ~ Q ~ °O ~ m a ~ w z ~ N O O N N ti r 0 Q~ y f~ U r 0 w N O d L d ~ C G d V d L 0 Z L d 0 V L .Q W Q d W N Q U N _ U ~ o . -U ~ ~ ~ `~ ~ U ~ ~ ~ ~ ~ _ Q °O m ~ w z ~ m w ~ m o U N o c ~ '- U C (6 m m m w X U N L U O O Ol O N N N N Q_~ yp o .~ Uo ~ O O N ~ O O U O C(1 C~ O y N Y Y >. _~ 'O H y ~~" m X Y C O ~ ~ L ~ N ~ N N ~ (~6 ~ o ~~n.o o~ °n~mo°om ~ Q V C) N O 1~ ~ (O LO O N fQ ~ V ffl N ~ N ' C d N ~ ~ N p C ~ ~ U m O C ~ O O~ :°. ~ ~. ~ 3 c m'oX~~~m~ 3 ° °~a~im r~i r~i C O O V V 7 V y=~ M M M M O U a ~ ~ ~ N U OJ CO N OJ O] C c6 p d' V C' d' N _ ~ ~# ~ ~ ~ ~ Y Y Y Y ~y~3~~~~ O N O L L L L ~ o L U U U U DUD.-CV M V N N 0 0 N W 00 DAVID M. BIGGS, Plaintiff v. 1VIEENAKSHI K. BIGGS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4729 Civil Term CIVIL ACTION -LAW ACTION IN DIVORCE ORDER OF COURT AND NO W, this ~~day of~ J, 2002, upon review and consideration of the proposed Decree in Divorce and Marital Settlement Agreement of the parties, copies of which aze attached hereto, said Agreement is hereby APPROVED, ADOPTED, MERGED and INCORPORATED herein as the Order of this Court. It is further ordered that the Cumberland County Prothonotary's Office is duected to release the funds being held by their office in the following manner: 1. Husband, David M. Biggs, shall receive the sum of $10,500.00. These funds shall be mailed to: David M. Biggs c/o Erma Weikert PNC Manager Windsor Pazk Office 5288 Simpson Ferry Road Mechanicsburg, PA 17050 2. Wife, Meenakshi K. Biggs, shall receive the remaining funds thereafter. These funds shall be mailed to: Meenakshi K. Biggs c/o Lawrence J. Rosen, Esquire Krevsky & Rosen,P.C. 1101 N. Front St. Harrisburg, PA 17102-3324 J. c: Melissa L. Van Eck, Esquire (Attorney for Plaint Lawrence J. Rosen, Esqu/ire (Attorney for Defendant) h,.m,~° ~ C~~ 7(t ~~ e a , "' 1 _"_ ,~ °S~ ORRSTOWN BANK P.U- Rl]X 250 SFHPPC NSRURG. PA 17257 0313 4873493489 DATE -mT•o 1B 2002 ss-a5i5t9 PAY TO THE ORDER OF ik*MFFNARSBT R RT(./`S** $~].$.A~** __. _ DOLLARS CASHIER'S CHECK PAYABLE THROUGH BB&T CHARLESTON, WV ~:0 5 L-900 3 5 THIS I~CIIMF.NT HAS AN,9RTIFlCIAI. q'ATFRpIARK PRINTED ON THE BACK. THE FRONT OF THE DOCUMENT HAS A MICRO~PRINT SIGNATGRE LINE. ABSENCE OP THESE. FEATURES WILL INDICATE A COPY ORRSTwIV BANK 4 8 7 3 49 3 4 86 P.O. BOX 250 SHIPPENSBURG, PA 17257 0313 DATE .70LY''18 2002 Bs-asrsis ORDER OFE icitMERNART4AT R BT ,C.S** $ **L2,464.79** .nn • ,.. TNESUI~P,~;`It~,°°;iPl!'.!;~.I°ii!•i.f(„-!'i~ ,~~';,~!Ir:~~ CASHIER'S CHECK PAYABLE THROUGH BB&T CHARLESTON, WV ~:05i90035: 'u< DOLLARS IB7 .34934;867P'. THIS IYJCUMENT HAS AN ARTIFlCIAL NATF.RMARK PRINTEOON THE BACK THE ERONTOPTHp DOCUMENT HAS A MICAO~PRINT SIGNATURE IJNE, ABSENCE OF THESE FE{TURPS WILL INDICATE A COPY. c 4873493488 Owzs~rowN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 , oats -JDLY 18 Z002~ DATE ~ 6035/sts PAY TO THE **252.02** ORDER OF ** COMBERLAND COUNTY PROTHONOTARY** $ THE ~SUM,~~''1 H ,~i.~'fz~.1,! ti;Ig;:1',~i:;;'!:'';~'I:~ DOLLARS CASHIER'S CHECK ~ ~~~ HROUGH oN, wv ~:0 5 1900 3 5 3~:0048.7 3493488.5~i' THIS OOC'UMEOT HAS AN ARTIFlCIAL. W 4TEAMARK PRINTED ON THE BACF. THE FRONT OF'IMIE WCUMENT'HAS A MICRPPAINTSIONgTURE LINE.'ABSENCH OFTHESR FEATURFS.WILLINDICATE ACOPY. ORRSTOWNBANK ~ ~ 4873493485 P.O. BOX 250 SHIPPBNSBURq PA 77257 - 0313 DATE JU$Y 18. 2002 ss-BSISs PAY TO THE ORDER OF **DAYID M BTCCS** $ *10,500.00** THE SU~1 ~~ Ii~.~I rii ~I'.:I' Il':a' I'!i"I..'' II':a' II'::1' I:;'T CASH1f R'S C~IECK Q. DOLLARS PAYABLE THROUGH / clBinRLESroN.wv ~:0 5 1900 3 5 3~:00487 34934858ii' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. ®I-y72q C~vi~ 'Te~Yrl IN DIVORCE (~leenal~Jh~ k < ~iG,C,S' Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x") prior to the entry of a Final Decree in Divorce, or ~ after the entry of a Final Decree in Divorce dated ~ul~ h , Zon 2 hereby elects to resume the prior surname of KH /~ ~r~Pi1 ,and gives this written notice avowing his /her intention pursuant to the provisions of 54 P.S. 704. Date: 6-3o.,Os ~>.~r ~ l L~ _ ,_ .~. (.. _ 3 v Signature ~~..(~ I~~--- Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF,~(Q) On the ~~ day of <J u ~E , 200,3, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he /she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. otary ublic NOTARIAL SEAL ~~ PROTHONOTARY, NOTARY PUBLI CARLISLECUMBERLAND COUNiYCOURT HOUSE MY COMMISSION EXPIRES JANUARY 2, 2006 ~~~ _ ~« a~ q~333 ~N P-~-~ ~' ~~ ~~; ~~== ~~ ~, 0 Q ~'1® .. ...c£' i s. remv4!Y¢~ is ., ,yi041F§F~A $NS'?3Afl31'F94NA4 ' .