HomeMy WebLinkAbout01-05868
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
THERESA M. BEAMER
No.
01-5868
Civil
P]"intiff
VERSUS
eARL H. BEAMER
Defendant
DECREE IN
DIVORCE
AND NOW,
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;u.V, IT IS ORDERED AND
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DECREED THAT
THERESA M. BEAMER
, PLAINTIFF,
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CARL H. BEAMER
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
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None. The Separation and Property Settlement Agreement entered into by the ~
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parties on August 11, 2003, and the Addendum to Separation and Property ~
Settlement dated September 8, 2003, shall b . orporated but not merged into .
this Decree.
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PROTHONOTARY
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ATTEST:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THERESA M, BEAMER,
Plaintiff
NO. 01-5868 Civil Term
vs,
CIVIL ACTION - LAW
CARL H, BEAMER,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT THE RECORD
I, Grounds for divorce:
,f Section 3301(c) of the Divorce Code
Section 3301(d) of the Divorce Code
2.
(a)
Date complaint filed: October 10. 200 I
(b) Date of service of the complaint: On or about October 14.2001
(c) If service 30 days after date of filing, date complaint reinstated:
(d) Manner of service of the complaint:
Certified mail, restricted delivery to and return receipt signed by defendant
First-class mail-not returned, certified mail refused, 15 days have elapsed
Date of mailing:
Date certified mail refused:
Personal service by Sheriff and/or Deputy Sheriff
Personal service by competent adult other than Sheriff (Affidavit attached)
,f Acceptance of service (Copy attached)
By publication pursuant to Order of Court (Copy of Order attached)
3,
(a)
Affidavit of consent required by Section 3301(c) of the Divorce Code:
Date of execution: plaintiff: December 24. 2003 defendant: January 12. 2004
Date of filing: plaintiff: contemooraneouslv herewith
defendant: contemooraneously herewith
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(b) Plaintiff's affidavit required by Section 3301(d) of the Divorce Code:
Date of execution:
Date of filing:
Date of service upon defendant:
Manner of service:
4, Related claims pending: None, All economic claims have been settled.
5,
(a)
Date of service of the notice of intention to file praecipe to transmit, a copy
of which is attached:
Manner of service:
(b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary:
By plaintiff: contemporaneously herewith
By defendant: contemporaneously herewith
VERIFICATION
I verifY that the statements made in this praecipe are true and correct, I
understand that false statements herein are made subject to the penalties of 18 Pa,C.S.A. ~4904
relating to unsworn falsification to authorities,
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AQREEMENT made and entered into this II th day of August, 2003, by and
between THERESA M. BEAMER, of Cumberland County, Peunsylvania, party ofthe
fIrst part, hereinafter referred to as "Wife," and CARL H. BEAMER, of Cumberland
County, Pennsylvania, party of the second part, hereinafter referred to as "Husband."
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on
October 12, 1978, and separated on August 25,1999;
WHEREAS, certain differences have arisen between the parties as a consequence
of which they intend to live separate and apart from each other during the rest of their
natural lives; and
WHEREAS, the parties desire to confIrm their separation and desire to enter into
an agreement for the fInal settlement of their property and affairs; and
WHEREAS, the parties intend to dissolve their marital status by means of a
divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania.
NOW, THEREFORE, in consideration ofthe foregoing and in further
consideration of the covenants and promises hereinafter mutually to be kept and
performed by each party hereto, as well as for other good and valuable considerations, it
is agreed as follows:
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1. SEPARATION. It shall be lawful for each party at all times hereafter to live
separate and apart from the other party, at such place or places as he or she from
time to time may choose or deem fit.
2. NONINtERFERENCE. Each party shall be free from interference,
authority and control, direct or indirect, by the other in all respects as fully as if he
or she were single and unmarried. Each may, for his or her separate use or benefit,
conduct, carry on and engage in any business, occupation, profession or
employment which to him or her may seem advisable. Neither party shall molest,
harass, disturb or malign the other or the family of said other, nor compel or
attempt to compel the other to cohabit or dwell with him or her.
3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in
the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate
of Husband, and each of the parties hereto by these presents, for himself or
herself, his or her heirs, executors, administrators or assigns, does remise, release,
quitclaim, and forever discharge the other party hereto, his or her heirs, executors,
administrators or assigns, or any of them, of and from any and all claims,
demands, damages, actions, causes of actions, or suits at law or in equity, of
whatsoever kind or nature, for or because of any matter or thing done, omitted, or
suffered to be done by said party prior to and including the date hereof; except
that his release shall in no way exonerate or discharge either party hereto from the
obligations and promises made and imposed by reason of this Agreement, and
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shall in no way affect any cause of action in absolute divorce which either party
may have against the other party.
4. FINANCIAL DISCLOSURE. The parties waive their rights to require the
filing of financial statements by the other, although the parties have been advised
by their respective attorneys that it is their legal right to have these disclosures
made prior to entering into this Agreement and by entering into this Agreement
without reliance upon financial disclosure, the parties are forever waiving their
right to request or use that as a basis to overturn this Agreement or any part
thereof.
5. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties
have attempted to distribute their marital property in a manner which conforms to
the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The
division of existing marital property is not intended by the parties to constitute in
any way a sale or exchange of assets. The division of property under this
Agreement shall be in full satisfaction of all marital rights of the parties.
A. REAL ESTATE. The parties are the owners of a certain tract
of improved real estate known and numbered as 2570 Grandview Drive,
York Haven, York County, Pennsylvania 17370 (hereinafter "the Real
Estate") having a market value of approximately $130,000 which is
encumbered with a first mortgage with an approximate balance of $45,000
(hereinafter "the Mortgage"). With respect to the Real Estate and the
Mortgage, real estate taxes, insurance, utilities and the like. It is further
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agreed that all household utility accounts not in Husband's name alone
shall be transferred to Husband's name alone within ten (10) days of the
execution of this Agreement. Husband's refinance. Husband has applied
and been approved for refinance of the Mortgage such that Wife will be
relieved of any and all liability for same. Husband shall be sole
responsibility for any and all costs associated with his refinance of the
Mortgage pursuant to this Agreement. Pavment to Wife Upon
Refinance. Husband shall pay to Wife a lump sum in the amount of ten
thousand dollars ($1O,OOO.OO) within 24 hours from the time that Husband
refinances the Mortgage, plus an additional lump sum in the amount of six
thousand dollars ($6,000.00) no later than August 31, 2003. Provision in
event Husband fails to refinance. If Husband is not able or fails to
effectuate the refinance of the Real Estate on or before August 31, 2003,
then the Real Estate shall be listed for sale and the property shall be sold to
a third party such that the Mortgage is paid in full, thereby releasing the
parties from same. If the Real Estate is sold to a third party, upon
settlement the net proceeds shall be distributed as follows: One-half (1/2)
to Wife and One-half (1/2) to Husband.
B. RETIREMENT ACCOUNTS AND PENSION PLANS.
Husband has an IRA account having a value of approximately one hundred
thousand dollars ($100,000.00). Husband shall transfer to Wife's IRA
account the sum of twenty thousand dollars ($20,000.00) from Husband's
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IRA account no later than August 31, 2003. In addition, Husband shall
either, at the option of Wife, transfer thirty thousand dollars ($30,000,00)
to Wife's IRA account or provide twenty-seven thousand dollars
($27,000.00) in cash to Wife no later than January 31, 2004. Except as
otherwise provided, 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 Plan, Retirement Plan, IRA Account,
Profit Sharing Plan, 40l-K Plan, Keogh Plan, Stock Plan, Tax Deferred
Savings Plan, any employee benefit plan, and/or other retirement type
plans of the other party, whether acquired through said party's employment
or otherwise (hereinafter "the Retirement Plans"). Hereafter the
Retirement Plans shall become the sole and separate property of the party
in whose name or through whose employment said plan or account is held
or carried. If either party withdraws any sums from the Retirement Plans
distributed to him or her pursuant to the terms of this Paragraph, that party
shall be solely liable for any and all taxes and penalties resulting from that
withdrawal.
C. MOTOR VEHICLES. With respect to the motor vehicles
owned by one or both of the parties, the parties agree as follows: Wife's
Vehicle. Wife shall retain the 1996 Plymouth Breeze and it shall be her
sole and separate property. Husband shall transfer title to Wife
immediately upon execution of this Agreement. Husband's Vehicle.
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Husband shall retain the 1989 Jeep Cherokee and it shall be his sole and
separate property. Liens. In the event that any Vehicle is subject to a lien
or encumbrance, the party receiving the Vehicle as his or her property shall
take it subject to said lien and/or encumbrance and shall be solely
responsible therefor and said party further agrees to indemnify, protect and
save the other party harmless from said lien or encumbrance, Waiver.
Each of the parties hereto does specifically waive, release, renounce and
forever abandon whatever right, title and interest they may have in the
Vehicles that shall become the sole and separate property of the other party
pursuant to the terms of this Paragraph.
D. DISTRIBUTION OF CASH ASSETS. STOCKS AND
BONDS. The parties had cash assets which included Husband's checking
and savings accounts containing approximately $2,000 and Wife's
checking and savings accounts containing approximately $1,000 at the
time of separation. The parties agree that they have distributed to each, to
their mutual satisfaction, the sums deposited in the marital bank accounts.
The parties further agree that they shall retain as their respective sole and
separate property any other depository or brokerage accounts, stocks, or
bonds held in their respective individual names, except any such funds or
accounts otherwise designated in this Agreement.
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In the event that Husband fails to provide any money as required under
paragraph 5 ohhis Agreement, the entire Agreement shall be null and void
and shall have the same effect as if it had never been executed,
notwithstanding any provisions of this Agreement that may indicate
otherwise.
6. COUNSEL FEES AND COSTS. The parties agree that Husband shall
reimburse Wife for fifty percent (50%) of all her attorney fees and court costs no
later than fifteen (15) days after Wife provides husband with a statement or
invoices that the amount or amounts owed to her attorney. Husband agrees to
take complete responsibility for his own attorney's fees, costs and expenses
incurred with respect to the negotiation of this property settlement agreement and
the divorce proceeding related thereto. Each party hereby waives any right and/or
claim each may have, now or in the future, against the other for counsel fees, costs
and expenses.
7. DEBTS. Marital Debt. During the course of the marriage, Husband and
Wife have incurred certain bill and obligations and have amassed a variety of
debts, and it is hereby agreed, without ascertaining for what purpose and to whose
use each of the Marital Debts were incurred, the parties agree as follows:
Husband and Wife agree that Husband shall pay all marital debts, regardless in
whose name said debt was incurred. General Provisions. Any debt herein
described shall be deemed to include the current balance owed on the debt.
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Unless otherwise specifically provided herein, there shall be no adjustment for the
payment of any portion of the Marital debts that a party may have made prior to
the execution of this Agreement, whether or not that debt is specifically
referenced in this Paragraph.
8. ALIMONY. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE. The
parties acknowledge that each has income and asSets satisfactory to meet his or
her own reasonable needs. Each party waives any claim he or she may have
against the other for alimony, spousal support or alimony pendente lite,
9. INCOME TAX RETURN. In the event that any federal income tax is owed
for any years in which a joint federal income tax return was filed prior to the
execution ofthis Agreement, the parties hereby agree that each shall pay fifty
percent (50%) of the amount owed. In the event that any federal income tax
refund is due for any years in which a joint federal income tax return was filed
prior to the execution ofthis Agreement, the parties hereby agree that each shall
be entitled to an amount equal to fifty percent (50%) of the total refund due.
10. INDEMNIFICATION FOR PAST DEBTS. Except as othenvise provided
in Paragraph 7, above, each ofthe parties hereto covenants and agrees to assume
full responsibility for and to pay all debts and obligations of whatsoever kind or
nature incurred individually by that party prior to the day and date of this
Agreement, and each ofthe parties hereto hereby covenants and agrees to
indemnifY the other party and save him or her harmless from all liability or claim
on account of said debts and obligations from and after the date hereof.
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11. FUTURE OWNERSHIP OF PROPERTY. Each ofthe parties hereto may
hereafter own and enjoy, independently of any claims or rights ofthe other, all
items of personal and real property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same as fully and
effectively in all respects and for all purposes as though he or she were unmarried.
12. MUTUAL RELEASES. The parties acknowledge that under prevailing
Pennsylvania law they each have certain possible fiscal rights, including but not
limited to the following: spousal support, alimony pendente lite in the event of a
divorce, permanent alimony subsequent to a divorce, recovery of counsel fees,
costs and expenses in the event of a divorce, and equitable distribution of marital
property. It is the intention ofthe parties hereto that all ofthe foregoing rights and
remedies, with the exception of those otherwise provided in this Agreement, are
hereby waived and forever released and that this Agreement shall have the effect
of a fmal Order of Court relieving each party of the obligation to the other for any
arid all ofthe foregoing possible rights and remedies. The parties have effected
an equitable distribution oftheir marital property and neither will seek further
distribution by any action at law or in equity,
12. EFFECT OF DIVORCE DECREE. The parties covenant and agree that
unless otherwise specifically provided herein, this Agreement shall continue in
full force and effect after such time as a final decree in divorce may be entered
with respect to the parties. Should a decree, judgment or order of separation or
divorce be obtained by either of the parties in this or any other state, country or
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jurisdiction, each of the parties hereby consents and agrees that this Agreement
and all of its covenants shall not be affected in any way by any such separation or
divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term of this
Agreement, whether or not either or both of the parties shall remarry or
cohabitate, it being understood by and between the parties hereto that this
Agreement shall be incorporated in but shall not be merged into a decree,
judgment, or order of divorce or separation. It is specifically agreed, however,
that a copy of this Agreement or the substance of the provisions thereof shall be
incorporated by reference into any divorce, judgment or decree. This
incorporation, however, shall not be regarded as a merger, it being the specific
intent of the parties to permit this Agreement to survive any judgment and to be
forever binding and conclusive upon the parties.
13. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby
covenants and agrees with the other party not to make, incur or attempt to make or
incur any debt or obligation for or on behalf of the other party hereto, or for which
the other party may be held liable, from and after the date hereof, and each of the
parties hereto hereby covenants and agrees to indemnify the other party and save
him or her harmless from all liability or claim on account of said debt or
obligations from and after the date hereof.
14. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time,
at the request of the other party, execute, acknowledge and deliver unto said other
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party any and all further documents or instruments which may be reasonably
required to give full force and effect to the terms and provisions of this
Agreement.
15. DIVORCE. This Agreement shall not be construed to affect or bar the right
of either Husband or Wife to an absolute divorce on legal and truthful grounds as
they now exist or may hereafter arise. This Agreement is not intended to condone
and shall not be deemed to be a condonation on the part of either party hereto of
any act or acts on the part ofthe other party which have occurred prior to or which
may occur subsequent to the date hereof. It is understood, however, that Wife will
pursue an action in divorce pursuant to Section 3301(c) of the Divorce Code of
Pennsylvania, on the grounds that the marriage is irretrievably broken, and that
both parties agree to execute and file the appropriate affidavits of consent
necessary to complete said action in divorce on the basis of mutual consent.
17. BANKRUPTCY. The parties further warrant that they have notheretofore
instituted any proceedings pursuant to the bankruptcy laws nor are there any such
proceedings pending with respect to them which have been initiated by others, It
is stipulated and agreed by the parties that the terms ofthis Agreement as they
resolve the economic issues between the parties incidental to their divorce and the
obligations of the parties to each other resulting therefor shall not be dischargeable
in bankruptcy, should either party file for protection under the Bankruptcy Code at
any time after the date of execution of this Agreement.
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18. SEVERABILITY. The waiver of any term, condition, clause or provision of
this Agreement shall in no way be deemed or considered a waiver of any other
term, condition, clause or provision of this Agreement, and if any provision of this
Agreement is held to be invalid or unenforceable by a court of competent
jurisdiction, all other provisions shall nevertheless continue to be in full force and
effect.
19. BREACH OF AGREEMENT. In the event that either party breaches any
provision of this Agreement, he or she shall be responsible for any and all costs
incurred to enforce the Agreement, including but not limited to, court costs and
counsel fees of the other party. In the event of breach, the other party shall have
the right, at his or her election, to sue for damages for such breach or to seek such
other and additional remedies as may be available to him or her.
20. LAW OF PENNSYLVANIA APPLICABLE. Both parties covenant and
agree that they have had ample and sufficient time to carefully and fully review
the terms and provisions ohhis Agreement and to seek and obtain the advice and
counsel of an attorney with respect to the same. Wife has engaged the services of
G. Patrick O'Connor, Esquire, and Husband has had ample opportunity to obtain
legal counsel of his choice, and each party has carefully reviewed the terms and
conditions of this Agreement with his or her respective counsel. Both parties
covenant and agree that they fully understand the facts upon which this
Agreement is premised and based, that they believe this Agreement to be fair and
equitable, that said Agreement is being entered into freely and voluntarily by each
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of them, 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 collusion or improper or illegal
agreement or agreements.
21. INTEGRATION. This Agreement constitutes the entire understanding
between the parties and supersedes any and all prior agreements and negotiations
between them. Both parties further agree that there are no covenants, conditions,
representations or agreements, oral or written, of any nature whatsoever, other
than those contained herein.
22. AGREEMENT BINDING UPON HEIRS. This Agreement shall be
binding upon the parties hereto and their respective heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals the day and year first above written.
WITNESSETH:
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./ ~AM.BEAMER
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/ CARL H. BEAMER
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COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND )
On this, the /1-0- day ofA.J (".:..T , 2003, before me, a Notary Public in and
for the state and county aforesaid, the undersigned officer, personally appeared
THERESA M. BEAMER, known to me (or satisfactorily proven) to be the person
described in the foregoing instrument, and acknowledged that he executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
L5&~L~~
Notary Public
(SEAL)
NOTARIAL SEAL
WILLIAM L. GRUBB, Nolary PubIlc
Lower Allen Twp., CUIIIberiand County
My Commission Expires Aug. 13, 2005
COMMONWEALTH OF PENNSYLVAN1A)
: SS.
COUNTY OF CUMBERLAND )
On this, the ~ day of AJ~" \Pj- , 2003, before me, a Notary Public in
and for the state and county aforesaid, the undersigned officer, personally appeared CARL
H. BEAMER, known to me (or satisfactorily proven) to be the person described in the
foregoing instrument, and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and o~ci\\al.
0~.;1~
Notary Public
(SEAL)
NOTARIAL SEAL
WILLIAM L. GRU8B, ,NOlaIY Public
Lower Allen Twp" ClIllCletland County
My Commission Expires Aug. 13, 2005
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THERESA M. BEAMER,
Plaintiff
NO. 01-5868 Civil
vs.
CIVIL ACTION - LAW
CARL H. BEAMER,
Defendant
IN DIVORCE
ADDENDUM TO SEPARATION AND PROPERTY
SETTLEMENT AGREEMENT
This ~Utday of September, 2003, the parties hereto agree to amend, for
purposes of clarification, their Separation and Property Settlement Agreement of August
11,2003, as follows:
1. With regard to Paragraph 4, Item B, RETIREMENT ACCOUNTS AND
PENSION PLANS, the transfer of twenty thousand dollars ($20,000.00) in IRA funds to
which reference was made in the SEPARATION AND PROPERTY SETTLEMENT
AGREEMENT shall be made from Husband's IRA account with J.J.B. Hilliard, w.L.
Lyons, Inc., account number 13617672, into Wife's IRA account at PNC Bank.
WITNESS:
(jh~ WI ~--htJU
THERESA M. BEAMER
Q~
CARL H. BEAMER
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IN THE COURT OF COMMON PLEAS OF CUMBERJLAND COUNTY,
PENNSYLVANIA
THERESA M, BEAMER,
Plaintiff
NO, tJ/~ S<?IPf 4;J
vs,
CIVIL ACTION - LAW
CARL H, BEAMER,
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 may be
entered against you by the Court, A judgment may also be entered against you for any
other relief requested in these papers by the Plaintiff, You may lose money or property or
other rights important to you
When the grounds for the divorce is indignities or irretrievable breakdown ofthe
marriage, you may request marriage counseling. A list of marriage counselors is available
in the Office of the Prothonotary at the Cumberland County Court House, 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 ASSISTANCE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THERESA M. BEAMER,
Plaintiff
NO,
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vs,
CIVIL ACTION - LAW
CARL H. BEAMER,
Defendant
IN DIVORCE
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USED HA SIDO DEMANDADO EN LA CORTE, Si desea defederse de las
quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud, Se Ie avisa
que si not se defiende, el caso puede proceder sin usted y decreto de divorcio 0
anulamiento puede ser emitido en su contra por la Corte, Una decision puede tambien ser
emitida en su contra por cualquier otra queja 0 compensacion reclamados par el
demandante, Usted puede perder dinero, 0 propiedades y otros derechos importantes para
usted,
Cuando la base para e1 divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County
Court House, Carlisle, Pennsylvania 17013,
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD
MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS,
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO, SI
NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA
INDICADA ABAJO PARA AVERlGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telefano: (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA.
THERESA M. BEAMER,
Plaintiff
NO, 01-58 f>9J eN ~ \
vs,
CIVil.. ACTION - LAW
CARL H. BEAMER,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, this ~ day of October, 2001, comes the Plaintiff, Theresa M.
Beamer, by her attorney, G, Patrick O'Connor, Esquire, Office of G, Patrick O'Connor,
Esquire, and files the following Complaint in Divorce whereof the following is a
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statement:
I, The Plaintiff, Theresa M. Beamer, is an adult individual who currently resides at 120
Linden Drive, Apartment 2B, Camp Hill, Cumberland County, Pennsylvania 17011,
2, The Defendant, Carl H. Beamer, is an adult individual who currently resides at 2570
Grandview Drive, York Haven, York County, Pennsylvania 17370,
3, The Plaintiff and Defendant were married on or about October 12,1978, and
separated on or about August 25, 1999,
4, The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six (6) months immediately previous to the fLling of this Complaint.
5, There have been no prior actions of divorce or annulment between the parties,
6, The Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling,
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7, Both the Plaintiff and Defendant are sui juris and are citizens of the United States,
8, The Plaintiff avers as the grounds upon which this action is based is that the marriage
between the parties hereto is irretrievably broken,
WHEREFORE, the Plaintiff request your Honorable Court to enter a decree
divorcing the Plaintiff and Defendant absolutely,
COUNT I
CLAIM FOR EQUITABLE DISTRIBUTION UNDER
SECTION 3502 OF THE DIVORCE CODE
9, Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by
reference as though set forth in full,
1 0, The Plaintiff and Defendant have acquired property during their marriage, which is
subject to equitable distribution by this Court,
11, The Plaintiff and Defendant have been unable to agree as to an equitable distribution of
said property
WHEREFORE, Plaintiff requests this Honorable Court to divide all marital
property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of the
final divorce decree,
Respectfully submitted,
~~~
/G. Patrick O'Connor, Esquire
3105 Old Gettysburg Road
Camp Hill, PA 17011
(717) 737-7760
ill No, 64720
Attorney for the Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THERESA M. BEAMER,
Plaintiff
NO.
vs.
CIVIL ACTION - LAW
CARL H. BEAMER,
Defendant
IN DIVORCE
AFFIDAVIT OF MARRIAGE COUNSELING
Theresa M. Beamer, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Office of the
Prothonotary, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the court.
I understand that false statements herein are made subj ect to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to authorities.
Date: /0 -8" - 0 (
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Theresa M. Beamer
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VERIFICATION
I, THERESA M. BEAMER, state that I am the PLAINTIFF in the above-
captioned case and that the facts set forth in the foregoing are true and correct to the best
of my knowledge, information, and belief. I realize that false statements herein are
subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec.
4904.
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Theresa M. Beamer /
Date:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THERESA M, BEAMER,
Plaintiff
NO, 01-5868 Civil
vs,
CIVIL ACTION - LAW
CARL H. BEAMER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 10, 2001 and service made on the Defendant on or about October 14, 2001.
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3, I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree,
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted,
I verifY that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa, C.S, Section 4904
relating to unsworn falsification to authorities,
DATE: I Z---Zi.f-03
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THERESA M, BEAMER,
Plaintiff
NO. 01-5868 Civil
vs,
CI~ ACTION - LAW
CARL H. BEAMER,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
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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,
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lawyer's fees or expenses if I do not claim them before a divorce is granted.
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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 the foregoing are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa, C,S,
Section 4904, relating to unsworn falsification to authorities,
DATE: n - 2..'1- 03
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Theresa M. Bean1er, Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THERESA M. BEAMER,
Plaintiff
NO, 01-5868 Civil
vs,
CIVIL ACTION - LAW
CARL H, BEAMER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
I, A Complaint in Divorce under Section 3301 ( c) of the Divorce Code was filed on
October 10, 2001 and service made on the Defendant on or about October 14, 2001.
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3, I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree,
I verifY that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904
relating to unsworn falsification to authorities, ,~.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THERESA M. BEAMER,
Plaintiff
NO. 01-5868 Civil
vs.
CI~ ACTION - LAW
CARL H. BEAMER,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 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! 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 the foregoing are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE: ) 1/2 )O~
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Carl H. Beamer, Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THERESA M. BEAMER,
Plaintiff
NO. 01-5868 Civil
vs.
CIVIL ACTION - LAW
CARL H. BEAMER,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Carl H. Beamer, Defendant herein, do depose and say that I personally received
and accepted service of a true and correct copy of the Complaint in Divorce and Notice to
Defend and Claim Rights in the above captioned action on or about the 14th day of
October, 2001, and I accept same by my signing below.
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
DATE:
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94904 relating to unsworn falsification to aut orities,
Carl H. Beamer
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SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa. C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER.
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE.
DATE: September 8, 2003
DOCKET NUMBER:
01-5868
PLAINTIFFIPETITIONER SS#
182-52-3726
NAME:
Theresa M. Beamer
DEFENDANT/RESPONDENT SS# 185-34-9907
NAME: Carl H. Beamer
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