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HomeMy WebLinkAbout01-04732t IN THE COURT OF COMMON PLEAS Plaintiff VERSUS JENNIFER A. BEAM, Defendant N O. ?001-4732 CTVTT. TFRM DECREE [N DIVORCE t 2002 AND NOW, ~ 7~U ~ 'l 't IT IS ORDERED AND DECREED THAT BRIAN B. BEAM ,PLAINTIFF, AND JENNIFER A. BEAM 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; NOrie. It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Property Settlement Agreement between the parties dated July 25, 2001, and attached hereto, are incorporated in this Decree in Divorce by reference as fully as I t e s~ am~et forth herein at length. Said Agreement shall not merge with but shall survive this Decree in BY THE COU A J. PROTHONOTARY ~, ~~ r ,. MARITAL SETTLEMENT AGREEMENT BY ANID BETWEEN BRIAN B. BEAM AND JENNIFER A. BEAM ,, MARITAL SETTLEMENT AGREEMENT ~ ""~ ~ro THIS AGREEMENT is made this Z~ day of ~~ L , 2001, by and between BRIAN B. BEAM, of Cumberland County, Pennsylvania, and JENNIFER A. BEAM, of York County, Pennsylvania; W[TNESSETH: WHEREAS, Brian B. Beam (hereinafter referred to as "Husband"), social security number 190-54-4185, was born on January 2, 1970, and currently resides at 5247 Terrace Road, Mechanicsburg, Cumberland County, Pennsylvania 17050; WHEREAS, Jennifer A. Beam (hereinafter referred to as "Wife"), social security number a~3 ~-1 ~j 5$ S~' ,was born on September 15, 1974, and currently resides at ~~'o`t I~'(LYZO1t ~ LAYI [/ ,York County, Pennsylvania 1 Ufa WHEREAS, the parties hereto are husband and wife, having been lawfully married on October 14, 1995 in Mechanicsburg, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about August 9, 2000; WHEREAS, one child was born of the marriage between the parties, namely Hannah C. Beam, age 4, born March 26, 1997; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. .` NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Darren J. Holst, Esquire for Husband). Wife had been advised of the ability to obtain independent counsel to review this Agreement. Fully knowing same, Wife is desirous of proceeding with executing this Agreement without retaining independent counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ELSSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any fizrther enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for no-fault divorce only. The parties agree that, contemporaneously with the execution of this Agreement, Husband shall initiate a divorce action under the no-fault provisions of the Divorce Code by filing a complaint in the Court of Common Pleas of Cumberland County. Once the ninety (90) day waiting period provided for under §3301(c) of the Divorce Code has expired, each party will sign an Affidavit of Consent to divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Husband, who shall promptly submit said affidavits and waiver to the court, along with a Praecipe to Transmit Record, Vital Statistic Form, and any and all other documents necessary to precipitate the prompt entry of a divorce decree. It is in the intention of the parties to obtain a decree as soon as possible after executing this Agreement. ~ q 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 5247 Terrace Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Husband shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Marital Residence. Wife shall, at Husband's request, execute a deed transferring all of her right, title and interest in the Marital Residence to Husband. (2) Wife agrees that as the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, including the outstanding Agway & Verizon bills, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which maybe incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence. Notwithstanding the foregoing, the parties agree that Wife shall be solely responsible for the outstanding obligation to Comcast Cable, account #0501214-02, in the approximate amount of $531.00 Wife agrees to indemnify Husband and keep him and his successors, assigns, heirs, executors and administrators held harmless from any liability, cost or expense arising from the Comcast Cable obligation, including actual attorneys' fees, which may be incurred in connection with the Comcast Cable liability. Moreover, Husband shall, within sixty (60) days of the date of the execution of this Agreement, take all steps necessary to apply with the current mortgage holder of the mortgage associated with the Marital Residence to have Wife's name released from any liability thereto. Should the mortgage holder deny said application, Husband shall reapply to remove Wife from liability associated with the mortgage every six months thereafter until such time as the mortgage holder approves said application. (b) Furnishings and Personalty. (1) The parties agree that they have divided by agreement between themselves all furnishings and personalty'located in the Marital Residence, including all furniture, furnishings, antiques, }ewehy, rugs, carpets, household appliances and equipment. (2) Husband shall retain, as his sole and separate properly, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings remaining in the Marital Residence. (3) Wife shall retain, as her sole and separate property, fine of any and all right, title, claim or interest of Husband, all of the personalty and furnishings currently in her possession. (c) Motor Vehicles. (1) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1997 Honda Civic automobile currently titled in Wife's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1989 Jeep Cherokee automobile, currently titled in the joint names of the parties, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. (3) The parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. (d) Life Insurance. The parties acknowledge and agree that each shall retain as his/her sole and separate property, any and all life insurance policies in his/her name, free of any right, title and interest of the other party. (e) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph, (f) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (g) Pr~erty to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such properly, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Ageement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. . (h) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the properly awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and ,, .. waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (i) Assumption of Encumbrances. (1) The parties agree that Husband shall be solely responsible for any and all liabilities he has incurred in his name alone since the date of separation, specifically to include any obligations to issuers of credit cards in his name. The parties further agree that Husband shall be solely responsible for the following joint obligations: (i) Outstanding daycare costs owed to Mechanicsburg Learning Center in the approximate amount of One Hundred Eighty One Dollars and Eighty Cents ($181.80); (ii) The Circuit City credit card, which has a current balance of approximately Two Thousand Two Hundred Ten Dollars and Fifty Nine Cents ($2,210.59), payable to First North American National Bank. (iii) The parties' jointly titled First U.S.A. Visa credit card, which has a current balance of approximately Seven Thousand Two Hundred Eighty Seven Dollars and Thirty Seven Cents ($7,287.37). Husband agrees to be solely responsible for payment of said debts and agrees to indemnify and hold Wife and her property harmless from any liability, cost or expense associated therewith. Husband shall take all steps necessary to transfer the balance of the First U.S.A. Visa credit card account to an account listed in his sole name. If Husband is at first unable to transfer the balance to a new account, he shall continue to take all reasonable steps to refinance the debt every six months thereafter until such time as she is unsuccessful. (2) The parties acknowledge that during marriage they obtained a Belco Community Credit Union Visa credit card titled in the joint names of the party, which has a current balance of approximately One Thousand Three Hundred Eighteen Dollars and Forty-Two Cents ($1,318.42). With respect to the jointly titled Belco Community Credit Union Visa credit card account, the parties agree that Wife shall be solely responsible for payment of said Visa card debt and hereby represents and warrants that she shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which maybe incurred in connection with said Visa card debt. Wife shall take all steps necessary to transfer the balance of the Belco Community Credit Union Visa card account to an account listed in her sole name. If Wife is at first unable to transfer the balance to a new account, she shall continue to take all reasonable steps to refinance the debt every six months thereafter until such time as she is successful. (3) Wife agrees that she shall be solely responsible for any and all liability she has incurred in her sole name alone since the date of separation, specifically to include any obligations to issuers of credit cards in her name. Wife shall forthwith deliver to Husband any and all credit cazds in her possession that provide for joint liability and Husband shall thereafter close any and all credit card accounts which provide for joint liability. If Wife has incurred any liability since the date of separation on any credit card account or any other account on which Husband is jointly liable, Wife shall be responsible for payment of any such 10 liabilities which she has incurred and shall indemnify and hold Husband and his property harmless from any liability, cost or expense associated therewith. (4) The parties acknowledge that during marriage they opened a line of credit with Belco Community Credit Union, which has a current balance of Nine Hundred Seventy Dollars and Eighty Seven Cents ($970.87). Wife agrees to be solely responsible for payment of said line of credit and hereby warrants that she shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which maybe incurred in connection with said line of credit. (5) Unless otherwise provided for herein, each party hereby assumes the debts, assumptions, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his/her property of any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (j) Liability Not ]Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property hannless from any and all such debts, obligations and liabilifies. 11 (k) Indemnitcation of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Wife in connection therewith. (1) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Husband in connection therewith. (m) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indernify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 12 6. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. CUSTODY. Husband and Wife generally agree as follows with respect to custody of their minor child, Hannah C. Beam, born March 26, 1997: (a) Husband and Wife shall share legal custody of their child. Legal custody is defined as the right to make major decisions affecting the best interest of the child, including, but not limited to, decisions regarding medical treatment and healthcare, religion, moral, educational and standards of conduct. Husband and Wife shall discuss and consult with one another on these issues with a view towards adopting a harmonious policy calculated to promote the child's best interest. Husband and Wife shall have the right to be kept informed of the child's educational, social, moral and medical development. Each parent shall be entitled to full and complete records and information concerning the child from any doctor, dentist, teacher, treatment institution of similar authority, and have copies of any reports, notices or other communication given to a parent. Each parent shall notify the other of any matter relating to the child which would reasonably be expected of significant concern of the other. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the child at the time of any emergency shall have the right to make 13 any immediate decisions necessitated thereby, but shall inform the other parent of the emergency and consult with him or her as soon as possible; (b) Husband shall have primary physical custody of the child subject to those periods of partial custody by Wife that are agreed upon by the parties and hereafter provided for under the stipulated custody order referenced in subsection(c) infra; (c) The parties agree to enter into a stipulated custody order entered by the Court of Common Pleas of Cumberland County at or around the date of execution of this Agreement that incorporates the above general terms as well as specific provisions concerning periods of partial custody by Wife and a holiday schedule. (d) The parties aclrnowledge that Husband is currently providing health insurance for Hannah. Unless more comprehensive insurance becomes available to Wife at a lesser cost, Husband shall continue to provide medical insurance until Hannah reaches the age of majority as defined by Pennsylvania law. 8. MEDICAL INSURANCE COVERAGE FOR WIFE. The parties acknowledge that Husband is currently providing medical insurance for Wife through his place of employment. Unless insurance becomes available to Wife at a lesser cost, Husband agrees to continue to provide said coverage until such time as a Divorce Decree is entered at which time his obligation to provide said coverage shall terminate. 9. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 14 -.~, 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 12. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to 15 division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title ar interest whatsoever he or she may have in properly transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, 16 ~:F.. administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all fmancial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof 17 .. shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as maybe available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and maybe effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Brian B. Beam 5247 Terrace Road Mechanicsburg, PA 17050 and to Wife, if made or addressed to the following: Jennifer A. Beam o?~a IRC1n Qq~.~ L~+tJF" ~I az ~ ~ (~R f ~-~103 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania 18 .<~ (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subpazagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 19 _,.,~~ 25. ENTIRE AGREEMENT. Each party aclaiowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement maybe incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 20 a a IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ~ ~ ~r'aJ1 132 fl lt1~a~ d \_i~. WITNESS BRIAN B. BEAM WITNESS S~n~.c-. ~~as~o ~ JE ER A. AM 21 COMMONWEALTH OF PENNSYLVANIA COUNTY OF A i,~ BEFORE ME, the undersigned authority, on this day personally appeared BRIAN B. BEAM known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of {-1 u ~ u S1 , 2001. Notary Public in ~r 1 22 Commonwealth of Pennsylvania Typed or printed name of Notary: COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cyr~ bey ~a BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER A. BEAM, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~Jr~hday of ~ ~ , 2001. Notarial Seal SHverSpr~k~9TwP~ mtierl~dCounty Nly Commiesion ExplreB ~ 14,2004 Member, Pennsylvania Association of Notanes Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: 1 y ~ vU y 23 ra:>.~~ C7 ., ; i u~. -. - r_, i .~ {*s+`~SRN~°*~A 54°+ "Ssts~ h ~]M-a:51c..ory~~'6 d1 ~`_ SAS .. .. _... _ . ..,...:.-_%f._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN B. BEAM, Plaintiff ) v. ) JENNIFER A. BEAM, ) Defendant ) No. 2001-4732 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service by certified mail on September 22, 2001; Affidavit of Service filed September 26, 2001. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, December 27, 2001; by defendant, December 27, 2001. 4. Related claims pending: All claims resolved by Marital Settlement Agreement dated July 25, 2001. Date plaintiffs Waiver ofNotice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver ofNotice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: /°~ ~~ - ~~ . Holst, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717)234-2616 Counsel for Plaintiff Brian B. Beam ca ~~ m t`~.t 'acs - ~ _ nr; t s ~ =- .. _~ ~-_, y. C i!7 i? l_ l ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN B. BEAM, Plaintiff ) v. ) NO. 2001-~~ CIVIL TERM JENNIFER A. BEAM, ) CIVIL ACTION -LAW Defendant ) IN 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 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 Plaintiff. 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 mamage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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, PA 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN B. BEAM, Plaintiff ) v. ) NO. 2001- ~73~ CIVIL TERM JENNIFER A. BEAM, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Brian B. Beam, by and through his counsel, Howett, Kissinger & Conley, P.C., who states the following in support of the within Complaint: Plaintiff is Brian B. Beam, an adult individual who currently resides at 5247 Terrace Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Jennifer A. Beam, an adult individual who currently resides at 272 Barrow Lane, York, York County, Pennsylvania, 17403. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on October 14, 1995 in Mechanicsburg, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of 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 or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 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. 8. The marriage of the parties is irretrievably broken. 9. The parties have lived separate and apart since in or about August 9, 2000. 10. Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, Date: /7 ~--- Darren J. 1st, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. BOX 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Brian B. Beam VERIFICATION I, Brian B. Beam, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 8/x/01 ~'.Jev------- BRIAN B. BEAM .~~,..-,.r.m;;-,~ C') c: C~ -- J G..:' ~~ ~ Gam.-- t..v x, F -'.J ~ ~ ~ s. ~~~ -G' 4 ~h~~c _w ~ ~ ~ -~ ~ ~- ~`~ ~~'J~ ~ ~ ~ :.; ~~ o' a; m! 7~ L'7 ;~ 1 -' "Ya.. F P l~ 'r, iPl T W ~'~^¢ i «J~"'?RK *iPwx. i .S8" -_ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN B. BEAM, Plaintiff ) v. ) NO. 2001-4732 CIVIL TERM JENNIFER A. BEAM, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE AFFIDAVIT OF SERVICE Darren J. Holst, being duly sworn according to law, deposes and says that he is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 14~' day of September, 2001, he sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed, to the Defendant, Jennifer A. Beam, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 272 Barrow Lane, York, PA, 17403, the Defendant's last known address, and that the return receipt card which was signed by Jennifer A. Beam, marked as having been delivered to her on September 22, 2001, is attached hereto and made a part hereof. ~ _ Darren J. Hod t, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P. O. BOX 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Brian B. Beam SWORN TO AND SUBSCRIBED Ibefore me this 25`~ day of September, 2001. Notary Pub is ~_._% ,~- Lew o~~ of HOWETT, KISSINGER & CONLEY, P.C: 130 WALNUr S7REEr POSTOFFiCEBOX 8(0 H.,xwsauzo, Petann.vun~ 17108 JOHN C. HOWETT, JR. DONALD T. KISSINGER CMDY S. CONLEY DARRENI.HOLST DEBRA M. SHIMP Ltgal Assistant VIA CERTIFIED MAIL AND REGI/LAR MAIL Ms. Jennifer A. Beam 272 Barrow Lane York, PA 17403 September 14, 2001 Re: Beam v. Beam Dear Jennifer: (717)234-2616 FAX (717)2345402 I write on behalf of your husband, Brian B. Beam. In accordance-with the parties' Marital Settlement Agreement, which was recently executed by you and Brian, Brian has initiated a no-fault divoroe action with the Court of Common Pleas of Cumberland County. Enclosed, constituting service upon, please find a certified true and correct copy of the Divorce Complaint. Under the Pennsylvania Divorce Code, the parties must wait ninety days after service of the complaint before executing affidavits of consent to the entry of a divorce decree. Upon the expiration of said ninety days, I will fornard an affidavit of consent and waiver of notice of intention to request entry of divorce decree for you to sign and date and return to our office. Thereafter, our office will finalize the divorce on behalf of Brian. Please feel free to give me a call on this matter. If, subsequent to the execution of the Marital Settlement Agreement, you have retained counsel, please forwazd a copy of this complaint to counsel and.ask him or her to give me a call on this matter. Sincerely, ~- ~~'~ DJH/djk Enclosure cc: Brian B. Beam (w/encl) Danen J. Holst i ~- ~- ~ Postage $ tf7 f• Certifietl Fee ~- Return Receipt Fee ~ (Endorsement Required) ~ Resldcted Delivery Fee 4 (Endorsement Required) ~ ~~ ~ Total Postage 8 Foes ; m Neeipient's Name (P~ase ' ' MS. Jerixi ELeY 6~9 ~ r~ Clty Stat9, ZIPFL ----....... Y: 1 i Postmark Here _ -.. _ - __ I also wish to,receive th&',~rNow- '- 0 Complete Gems 7 anNOr 2 far adtlttional services. - " In9 seNICBS (for en eMra feed: .- Complete items 3, 4a, and 46. ^ PnM your name and atldress on the reverse of this form so that we can return this - ~ + m ~ cardroyou t. ^ Addressee'sAddress `r m D Attach this form to the front of the mailplece, or on the beck if space does not permit. 2. ~ Restricted Delivery ~ ' ^Wme'Retum Receipt Requeatetl'an the mailpieca below the edlde number. N ~ ^ The Retum Receipt will show to whom the adide was delivered and the date a o delivered. ' a 3. Article Addressed to: ~ Number m a Ms. Jennifer A Beam 3400 0014 7584 4496 c . 272 Barrow inane a e 'pB Yor3c, ?:~ 174•:x•-~--„^- ist ed ~~rtlfied ~ ~ cpres M II ^ Insured ~ .' -_ Pt Retu ec pt for Merchantlise ^COb /r 1sf elivery t 0 >+ .R :(PgQf Na e) S.Addressee's Address (Only ifrequesfed and lee is paid) ~ ~ . ddressee: r, gent) - A W r ~ ~ ~ ~ -~ ~ r 7994 102585-9&BA223 DDmes "pt r~ ;` 'A •-~ -~i i ~.:;:-: -,3 ' - _, ~~, .• r ' ' i' G _ t. ' ..'. /. !- ) _. ~_.. !i -rp ~ _._ ~-' -°.~ ~ M'rwiaYu;~~,~ aa~r sxm9aC"~~iM3KKr~C~4U~Ra i °xwx~ w2~u~a«M IN THE COURT OF COMMON PLEAS OF CiJMBERLAND COUNTY, PENNSYLVANIA BRIAN B. BEAM, ) Plaintiff ) No. 2001-4732 CIVIL TERM v. ) JENNIFER A. BEAM, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on August 9, 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. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(c) OF THE DIVORCE CODE 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 above 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: /~ 2~ /G ~ _~.,~.,.. ~ , /X.v~-- Brian B. Beam, Plaintiff ~~A~, ~ n C r~; ) 5 "O!-r: it i'il~~. - _. .~. '._ _ i Ct „>. ! .. / ~~_ .~. " my~ ( ~i C__ ~v '' ' { . ~~ ~}: "~ e~ ~~ _.4 E iN3a Y3F ~+t'~R $'~'ik 4.~[ S"f -~'a~ ~la'1'`Ei'PoA~~~~_ ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN B. BEAM, Plaintiff ) No. 2001-4732 CIVIL TERM v. ) JENNIFER A. BEAM, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on August 9, 2001. 2. The mamage 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 in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 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 above 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:- ~~y[~L Je fer A. B ,Defendant ..~n~ o~ C~ <=a (~~ C~ riS r 1.71"i. ~, ;., 4 rn _. i_ = y. - ~ 7 1..: _.w~ -'_' ~ ~ _i ~___ '~P~c+P~?'.~re:*m w k„rg~ ~, ~3F~~~?kph. ~d-a~FS~s„,P~S ..,iT,_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN B. BEAM, Plaintiff v. JENNIFER A. BEAM, Defendant TO THE PROTHgNOTARY: NO. 2001-4732 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE Please reinstate the Complaint in Divorce Fled with this Court on August 9, 2001. Respectfully submitted, ~ / Date: ~r~~ ~ ~ ( ~- arren J. Holst, squire HOWETT, KI SINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Brian B. Beam C ~ r~ ~ _ ~ ~ ~ rtn_t f -v _ ~ ~ ' " i ,.~ ~ i ~ t Cl~:i-' tx. .;'~' .i'~7 lT ' ~ ~ . C - f7 ~