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Home My WebLink About03-3364Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY K. BEDARD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. - - .Z, Lf, JOSEPH A. BEDARD, : CIV1L ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIG}ITS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY K. BEDARD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. JOSEPH A. BEDARD, : CIVIL ACTION - LAW Defendant : 1N DIVORCE COMPLAINT IN DIVORCE 1. Plaintiffis TAMMY K. BEDARD, an adult individual residing at 1044 Memory Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is JOSEPH A. BEDARD, an adult individual residing at 1237 Hunters Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3 Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on April 26, 1986 in Cumberland County, Pennsylvania. 5. There are two (2) minor children born of this marriage: Brianna K. Bedard, born March 29, 1988 and Gregory Joseph Bedard, born November 6, 1990. 6. The parties separated on April 5, 2003. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiffhas been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiffrequests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. 2 COUNT II EOUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code. COUNT HI SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 14. The averments in paragraphs 1 through 13, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiffrequests an award of Support, Alimony and Alimony Pendeme Lite. COUNT IV ATTORNEY'S FEES AND COSTS 16. The averments in paragraphs 1 through 15, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 17. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, TAMMY K. BEDARD, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff counsel fees, costs and expenses; D. Equitably distributing the marital property; and E. Awarding other relief as the Court deems just a~.~ Dated: /'~//// ,2003 t~B arb~Sullivan, E~qquire Attorney for Plaintiff' 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY K. BEDARD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. JOSEPH A. BEDARD, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT REGARDING COUNSELING 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require 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 subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unswom falsification to authorities. TA~vlMY I~BEDARD Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Slxeet New Cumberland, PA 17070 (717) 774-1445 TAMMY K. BEDARD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. JOSEPH A. BEDARD, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I, TAMMY K. BEDARD, 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. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY K. BEDARD, 1N THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.03-3364 : JOSEPH A. BEDARD, : CIVIL ACTION - LAW Defendant : 1N DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify tha. t I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 4414, Return Receipt Requested, on the above-named Defendant, Joseph A. Bedard, on July 21, 2003 at Defendant's last known address: 1237 Hunters Ridge Drive, Mechanicsburg, Pennsylvania 17050. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsw/o/rr)4 ~to ~orities. Dated: July Z~, 2003 //~/~ /Barbara ~arn >le-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-. 1445 Supreme Court ID #32317 Attorney for Plaintiff · Complete items 1, 2, and 3. Also complete R. Date of DMI~p/ item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ? [] Yes address below: [] No [] Return Receipt for MemhamIes [] C.O.D. ~ ]Yes 2. Article Number (Copy ~r~rm ~e~i~e l~;)el) ~.~v~/i,~ ~ / ~ ~ /~,/, ,~ F' . A - ~ ru Postage ~ Certified Fee $2.30 0070 Return Receipt Fee ~1,75 Here C3 Total Peerage & Fees $ kB r-m E~hibit "A" MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this .~day of~, 2004, by and between JOSEPH A. BEDARD, hereina_~er referred to as "HUSBAND", and TAMMY K. BEDARD, hereinai~er referred to as "WIFE". I4qTNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on April 26, 1986, in Cumberland County, Pennsylvania; WHEREAS, two (2) children were bom of this marriage being Brianna K. Bedard, born March 29, 1988 and Gregory Joseph Bedard, born November 6, 1990; WHEREAS, it is the intention ofthe parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (I) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND Final - 9/1/2004 and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEl. HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by Samuel L. Andes, Esquire. Each par~y further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective flnanciai situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, at~er having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result ofany duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times heree~er, live separate and apart. Each Final - 9/01/2004 2 shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. 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. This provision shall not be taken, however, to be an admission on the part ofeither HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSUR~r The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each nfthe parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the fight to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. Final - 9/01/2004 3 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavit of Consent and the Waivers of Notice shall be signed simultaneously with execution of this Agreement after which WIFE shall immediately praecipe to finalize the divorce. HUSBAND agrees to cooperate fully in concluding this matter. 5. .SUBSEOUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting ora Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. Final - 9/01/2004 4 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant end agree that upon request of the other party, they will forthwith execute and deliver to the other party, any end all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and ail rights and obligations which either may have or at any time hereafter have 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 ali 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, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally reieases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue ofthe marital relationship of the parties or otherwise, whether now existing or hereai~er arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other 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 or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the .subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution he,of), nor to defeat the right of either party to receive any legacy, bequest or residuary portion ofthe other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. Final - 9/01/2004 5 C. 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 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. 8. SUCCESSOR'S RIGHTS AND LIABILITIE,~ This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains ail of the representations, promises and Agreements made by either oftham to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both ofthe parties hereto. Final - 9/01/2004 6 11. BINDING EFFECT OF AGREEMENT/WAIVEI~, This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or reliefas may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to Final - 9/01/2004 7 declare income or the wrongful claiming ofany deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have failed to provide the necessary information leading to the tax assessment whose intentional or grossly negligent errors or omissions in reporting or failure to report or file income resulted in the assessment, excluding penalties or interest for under deposits or failure to make deposits against taxes in the years in which the parties' filed joint returns. In that situation, the party responsible for the assessment of liability shall indemnify and save harmless the other from all additional tax, penalty, end interest. If the liability is the result ora computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. This shall not include penalties or interest for under deposits or failure to make deposits against taxes in the years in which the parties' filed joint returns. Both parties acknowledge that neither of them have received any notice of any delinquencies regarding past taxes or assessed penalties and interest and neither knows of any such problems. HUSBAND warrants that any penalties or interest for under deposit for tax year 2003 has already been deducted from the parties' refund, which refund shall be HUSBAND's sole asset. Final - 9/O I/2OO4 8 SECTION H EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, clothes, furniture, personal items, and other assets. The parties agree that personal property shall be divided in accordance with the listing set forth on Exhibit "1 ." Each party waives any claim to the property designated on Exhibit "1" to be the property ofother. AIl property designated with an "s" shall also be the property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, ifany, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE 1. ~ The perties jointly own real estate located at 1044 Memory Lane, Mechanicshurg, Cumberland County, Pennsylvania. Said house is vacant. The home is Final - 9/01/2004 9 encumbered by a line of credit due and owing to Commerce Bank in the approximate amount of EIGHTY-NINE THOUSAND TWO HUNDRED FIFTEEN DOLLARS and 04/100 ($89,215.04) as of September 15, 2004. The parties desire the home be sold and agree upon the following procedure: (a) Contemporaneously with the execution of this Agreement, the parties shall sign a listing agreement mutually agreeable to them both with real estate agent, Jeri Bedard. Said listing agreement shall provide that the listing price of the house shall be THREE HUNDRED TEN THOUSAND DOLLARS ($310,000.00), which price has been set upon the advice of the said real estate agent. The Agreement shall further provide that the listing shall be effective immediately and shall run for a period of six months. The parties shall fully cooperate with each other to effectuate the sale of the property, which shall include following the recommendations of the real estate agent to undertake repairs and alterations which might be required for the sale. (b) The parties agree they will accept any offer for a minimum sale price of TWO HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($285,000.00) from a qualified buyer who does not require either of the parties to participate in the financing of the property in any way. This price can be subject to mutual modification by the parties once input from the realtor and any potential purchasers is received. Neither party will disclose or make known to any other person the minimum sale price as agreed by the parties or any other of the details of this Agreement relating to the sale of the property. (c) In the event that the parties have not concluded a sale of the property or have the property under contract by October 15, 2004, the parties will negotiate an adjustment in the asking or listing price of the property, giving proper regard and consideration to the recommendations of their real estate agent in establishing this new listing price. (d) If the property is not sold at the conclusion of the six (6) month period, a new realtor shall be chosen at WIFE's option. (e) Upon the sale of the property, the proceeds of the sale shall be applied to pay the costs of such sale, including the real estate sales commission, any Final - 9/01/2004 10 lawful lien against the property, and the reimbursement to either party of expenses they have incurred in accordance with the mutual written agreement of the parties after the date of this Agreement, including out of pocket costs expended by either party in the repair. Ail remaining net proceeds shall, at the time of settlement, be paid fifty-two percent (52%) to WIFE and forty-eight percent (48%) to HUSBAND. (f) The parties hereby agree that they shall immediately pay off the Commerce mortgage obligation which is due and owing as a lien on the property. The parties additionally agree to pay in full the 2004 school taxes which are due and payable on the property presently. These sums shall be paid from the Schwab One joint account of the parties and both parties agree to execute a joint check for satisfaction of these obligations. The remaining proceeds of the Schwab One account shall be distributed in accordance with Section II. (1) (D) hereof. (g) If any referral commission or reduction in commission is earned by virtue of the use of Jeri Bedard as requested by HUSBAND, said referral commission or any other stipend, credit or negotiated reduction in commission realized shall be shared equally by the parties. All legal work required by this transaction shall be completed by Jerry Shekletski, Esquire and the cost paid as a cost of sale. (h) This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. There are no agreements between the parties relating to the sale of their residence except as are expressly set forth herein and all prior agreements and understandings on such subject have merged into this agreement and shall have no further separate force and effect. 2. Post Senarntion Property: Since the separation, WIFE has acquired property located at 409 Hopi Drive, Mechanicsburg, Cumberland County Pennsylvania. Said property will be individually titled in WIFE'S name. HUSBAND hereby waives any and ail rights, title and interest in said property which HUSBAND might have and he agrees to execute a full spousal waiver or quitclaim deed of any interest in said property, if requested by WI~E. WIFE shall be Final - 9/01/2004 11 responsible to pay the mortgage and ail other expenses or obligations arising out of her ownership or occupancy of the property and shall indemnify HUSBAND on all of those obligations. 3. Lease Oblieation for 1237 ~'nnt~.r's Ridne Road~ Me~'hnnicsburp Penns Ivania 17050: The parties are jointly obligated on a lease agreement for a rental property occupied by HUSBAND. HUSBAND agrees to use good faith efforts to seek WIFE's release fi.om said lease. In the event that HUSBAND cannot secure WIFE's release, HUSBAND agrees to be solely responsible for all costs, expenses and obligations pursuant to said lease and to indemnify and hold WIFE harmless fi.om any and all monies, claims, expenses, costs of suit, including reasonable counsel fees, which she might incur as a result of the lease or in any way related to HUSBAND's occupancy oftha property. This indemnification and hold harmless shall include all costs, including counsel fees to enforce this indemnification. HUSBAND agrees to maintain WIFE as an additional insured on ail liability insurance policies covering the rental property until HUSBAND has WIFE's name removed fi.om the lease or the lease is otherwise terminated. The parties own two (2) vehicles which were acquired during the course of the marriage or with assets acquired during the marriage. Neither of these vehicles are encumbered. WIFE shall have sole ownership of the 2001 Mountaineer and HUSBAND shall have the 2004 LEXUS SUV. Each party waives any and all claims to the vehicle or the proceeds of the Volvo which HUSBAND has traded to purchase the 2004 Lexus SUV. Each party will cooperate and sign any Final - 9/01/2004 12 and all documents to effectuate the terms of this paragraph. The parties have various investment and accounts. These are as follows: 1) One Twenty Club (Estimate) $ $,000.00 2) Vanguard MMF (Fund 79) $ 1,883.00 Account No. 9928473862 As of March 31, 2003 Statement 3) Vanguard Stock Index (Fund 85) $ 72,983.00 Account No. 9928473862 As of March 3 I, 2003 Statement 4) Cash: $ 40,000.00 5) Allfirst CD (Tammy) $ 71,957.00 Account No. 8-700-810-0660816 Maturation amount on January 8, 2003 6) Conunerce MM 4150 $ 84,311.00 Account No. 430054150 As of April 30, 2003 Statement 7) Commerce MM7979 $ 63,652.00 Account No. 0616277979 As of April 30, 2003 Statement 8). Schwab One (Approximate) $144,269.00 Account No. 1452-6572 TOTAL: $484,055.00 Final - 9/01/2004 13 The parties also have the following retirement accounts or benefits: 1) Joe's SEP at Schwab $280,459.00 Account No. 1452-6271 April, 2003 Statement 2) Joe's SEP at Morgan $ 41,966.00 Account No. 410015284-095 April, 2003 Statement 3) Tammy's Schwab IRA $ 9,763.00 Account No. 1452-7390 April, 2003 Statement 4) Tammy's SEP $ 8,860.00 Account No. 4803-6989 December, 2003 Statement (no April Statement available) 5) Allfirst IRA (Tammy) $ 12,062.00 Account No. 8-700-810-616-7115753 Maturation amount on March 17, 2003 TOTAL: $353,110.00 The above referenced marital accounts (cash and retirement) total $837,165.00. The parties agree that WIFE shall receive 52% of these accounts and the distribution shall be as follows: Assets currently in WIFE'S individual name and to remain her separate proper~y are as follows: a) Tammy's Schwab IRA $ 9,763.00 Account No. 1452-7390 b) Tammy's SEP $ 8,860.00 Account No. 4803-6989 Final - 9/01/2004 14 c) Allfirst, CD (Tammy) $ 71,957.00 Account No. 8-700-810-0660816 d) Allftrst IRA (Tammy) $ 12,062.00 Account No. 8-700-810-616-7115753 e) Commerce MM 4150 $ 84,311.00 Account No. 430054150 f) Commerce MM7979 $ 63,652.00 Account No. 0616277979 In addition to proceeds of the house as set forth above tn Section II, (I)(B), WIFE shall receive: a) ONE HUNDRED THOUSAND DOLLARS ($100,000.00) in a rollover from HUSBAND's Schwab SEP by receipt of the cash account and a prorata share of any securities in excess of the cash account balance if necessary to reach the ONE HUNDRED THOUSAND DOLLAR ($100,000.00) value; b) Fifty-two percent (52%) of the Schwab One Account, after the satisfaction of the mortgage on 1044 Memory Lane, Mechanicsburg; and c) NINE THOUSAND SEVEN HUNDRED DOLLARS and 92/100 ($9,700.92) in cash at time of signing the Agreement. HUSBAND, and/or his counsel, agrees to secure all documents, court orders and other paperwork necessary to effectuate the rollover from HUSBAND'S Schwab SEP to WIFE. Counsel for WIFE shall drat~ the Qualified Domestic Relations Order to effectuate the rollover. HUSBAND shall retain ownership ofthe remaining accounts not identified for WIFE above. These are: 1) One Twenty Club (Estimate) $ 5,000.00 Final - 9/01/2004 15 2) Vanguard MMF (Fund 79) $ 1,883.00 Account No. 9928473862 3) Vanguard Stock Index (Fund 85) $ 72,983.00 Account No. 9928473862 4) Cash ($40,000.00 less cash payment to Wife of $9,700.92) $ 30,299.08 5) Joe's SEP at Schwab $180,459.00 ($280,459.00 less $100,000.00 to Wife) Account No. 1452-6271 6) Joe's SEP at Morgan $ 41,966.00 Account No. 410015284-095 7) HUSBAND shall receive 48% of the Schwab One account after satisfaction of the 1044 Memory Lane mortgage Except as relates to the Schwab One Account, each party waives any claims to interest incurred (or losses suffered) after the above referenced statement dates on each account as referenced above and to accept the values listed in this Agreement as the value of such assets for purpose of equitable distribution. F. CHARITABLE FOUNDATION During the marriage, the parties had funded the Joseph and Tammy Bedard Foundation for charitable works. The Foundation has a balance of approximately FORTY-SIX THOUSAND DOLLARS ($46,000.00) which shall be available for pledge in future endeavors. The parties agree that HUSBAND shah be in sole control of the Foundation assets shall derive and enjoy Final - 9/01/2004 16 solely and tax deduction or any other benefit from its charitable activities, and shall bold WIFE harmless from any existing claims or liabilities which might be raised against the Foundation. WIFE agrees to execute whatever documents are necessary to allow HUSBAND to delete WIFE's name from the Foundation. G. INSURANCE Each party shall retain ownership of any life insurance policy owned by either of them. HUSBAND shall provide, at his own cost, insurance on his life in the initial amount of at least SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), but declining in accordance with this Paragraph, which shall designate WIFE as the sole benefieia.ry for that amount as long as HUSBAND's obligation to pay alimony to WIFE pursuant to this Agreement exists. The amount of the death benefit shall decline each year by FIFTEEN THOUSAND DOLLARS ($15,000.00), commencing on June 1, 2005 and decline by FIFTEEN THOUSAND DOLLARS ($15,000.00) on the first of June each month until HUSBA~ID's alimony obligation has been terminated. In addition, HUSBAND shall provide, at his own cost, insurance on his life in the initial amount of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000.00), declining in accordance with this Paragraph, for the benefit of the parties' children. HUSBAND shall name Jerry Sheldetski, Esquire to be trustee of these insurance proceeds for the benefit of the children, and such money shall be released by Attorney Shekletski to fund HUSBAND's child support end college contribution as set forth in this Agreement and the Support Order of the parties. HUSBAND's obligation to provide such insurance shall terminate upon the parties' son's Final - 9/01/2004 17 graduation from college. The total amount of insurance coverage required of HUSBAND can also decline by the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00) per year. Therea~er, on the first of June, 2005 and each anniversary. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out ofthis Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. HUSBAND agrees to pay any debt due and owing to Boyer and Ritter for prior tax year preparation and to indemnify and hold WIFE harmless against such cost and expense. Except as specifically set forth in the Agreement, each party warrants that all marital debt has been satisfied in full. SECTION III CtlILD SUPPORT, ALIMONY 1. ALIMONY HUSBAND shall pay alimony to WIFE for a period of not more than sixty (60) months, Final - 9/01/2004 ] 8 as follows: (a) Commencing on June 1, 2004, and continuing through May 31, 2005, HUSBAND shall pay WIFE alimony in the amount of ONE THOUSAND THREE HUNDRED DOLLARS ($ !,300.00) per month. (b) Commencing on June 1, 2005 and continuing through May 31, 2006, HUSBAND shall pay to WIFE alimony in the amount of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) per month. (c) Commencing on June 1, 2006 and continuing through May 31, 2007, HUSBAND shall pay to WI~E alimony in the amount of ONE THOUSAND ONE HUNDRED DOLLARS ($1,100.00) per month. d'~l~"d (d) Commencing on June 1, 2007 and continuing through May 31, 2008, HUSBAND shall pay to WIFE alimony in the amount of ONE THOUSAND DOLLARS er month. (e) Commencing on June 1, 2008 and continuing through May 31, 2009, HUSBAND shall pay to WIFE alimony in the amount of NINE HUNDRED DOLLARS ($900.00) per month. HUSBAND's obligation to pay alimony to WIFE shall end and terminate absolutely on May 31, 2009, upon HUSBAND's death, upon WIFE's death, upon WIFE's remarriage, or upon WIFE's cohabitation. The sums paid by HUSBAND to WIFE pursuant to this Paragraph shall be treated by both parties as alimony for tax purposes, with WIFE including these payments in her income and HUSBAND deducting them from his income for such purposes. HUSBAND's obligation to pay alimony shall be subject to modification only upon HUSBAND'S medical disability, as defined herein, or upon any other significant reduction or elimination of HUSBAND's income for reasons not created by HUSBAND or otherwise beyond his control. For purposes of this Agreement, medical disability is defined as HUSBAND's loss of income due to a medical condition caused by disease or injury which renders him unable to work Final - 9/01/2004 19 for a period in excess of three months. The parties agree that HUSBAND's change of employment shall not constitute a basis for modification of alimony. Simultaneously with execution of this Agreement, HUSBAND shall pay WIFE the sum of SEVEN HUNDRED FIFTY DOLLARS ($750.00) which shall be deemed additional alimony. The parties acknowledge that any arrearage on this account was not satisfied by a tax intercept and HUSBAND shall pay to WIFE the ordered amount on any arrears until same are satisfied in full. 2. CHILI) SUPPORT Child support shall continue in accordance with the terms of the Order dated September 16, 2003, entered by the Court of Common Pleas of Cumberland County, Pennsylvania, in the support action filed by WIFE, as that order may be reviewed or modified in the future. In addition to the base child support, HUSBAND shall pay one half(l/2) of'all costs of' extracurricular activities in which the children are enrolled while they attend high school. These activities shall be mutually agreed to by the parties in consultation with the children. However, consent shall not be unreasonably withheld by either party if the level of participation is consistent with such activities the children enjoyed during the marriage. In addition, HUSBAND agrees to pay a one time sum of THREE THOUSAND FIVE Final - 9/01/2004 20 HUNDRED DOLLARS ($3,500.00) toward acquisition for a vehicle for use by the parties' children. The car shall be titled in the name of WIFE who shall insure and pay the expenses for the vehicle not paid by the children and shall be sold in the fall following the youngest child's graduation from high school, unless otherwise agreed upon by the parties. The ne~ proceeds of the vehicle shall then be divided equally and added to the children's college fund. If any child does not attend college, his or her share of the proceeds shall be paid to the child who is enrolled in college, ffneither attend college, the proceeds shall be divided between HUSBAND and WIFE. The parties acknowledge that any arrearage on this support was not satisfied by a tax intercept and HUSBAND shall pay to WIFE the ordered amount on any arrears until same are satisfied in full. ;). COLLEGE SUPPORT The parties have the following accounts which have been saved for the benefit of the children's' education: a). Schwab Account No. 1452=5934 for the parties' son, C-reg, having a balance of TI-HRTY=SEVEN THOUSAND TWO HUNDRED SIXTY=SEVEN DOLLARS and 73/100 ($37,267.73) as of Sune 30, 2004. b). Schwab Account No. 1452=4631 for the parties' daughter, Brianna, having a balance of FORTY=TWO THOUSAND TWO HUNDRED EIGHTY=FIVE DOLLARS and 28/100 ($42,285.28) as of June 30, 2004. The parties shall assist their children with acquirin8 post hish school education up to a four year college degree. The contributions shall be made as follows: Final - 9/01/2004 21 The accounts for the children described above shall be applied to pay the expenses for each child until those accounts are exhausted. After those accounts have been exhausted for each child, HUSBAND and WIFE shall share equally the expenses of the child's education. For purposes of this Agreement, such expenses shall be defined as, and limited to, tuition, room, board, medical insurance expenses for the children, and lab fees. Both parents shall be able to participate fully in the selection ora college or other institution to be attended by the children. Each child shall made all reasonable applications for financial aid, including grants, scholarships, and loans, which shall be applied first to reduce the total education costs before determining the contribution by HUSBAND and WIFE. Each child must complete their undergraduate education with five years from the date they graduate from high school, must remain full-time students so long as HUSBAND and WIFE are making the contributions required by this Agreement, and must maintain at least a "C" average in school. The contribution of each parent shall not exceed TWELVE THOUSAND DOLLARS ($12,000.00) per year / per child. 4. CUSTODY Custody shall be in accordance with Orders entered pursuant to the Court of Common Pleas of Cumberland County, Docket No. 03-6587 in the action captioned Josh A. Bedard v. Tamm~ as those orders may be modified, by the court or by the agreement of the parties, at any time in the future. SECTION IV 1. CONDITION PRECEDENT TO THE AGi~F~MENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. Final - 9/01/2004 22 Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Joseph A. Beda]d, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his ]mowledge, information and belief. Affirmed and subscribed to before me this. ~ day of.z~ 2004. My commission expires: (SEAL) AMY M. HARKJNS, NOTARY PUBLIC LEMOYNE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES JAN. 31, 2005 CO eV O Wv T.?X-X OF ¥, ,rXA ) )SS. COUNTY OF C~£R/.AND ) Before mc, the undersigned officer, a Notary Public in and for said Commonwealth and County, persotudly appeared Tammy K. Reda]d, who being duly afmled according to Jaw, deposes and says that the facts and matter set forth in the within and foregoing MarJta] Settlement Agreement are true and correct to the best of her ]mowiedge, information and belief. ~.O'l'/d~¥ PUBLIC My commission ~p~ (SF_AL) Final - 9/01/2004 23 · m ~o TAMMY K. BEDARD, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JOSEPH A. BEDARD, NO. 03-3364 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 14, 2003 and served upon the Defendant on or about July 21, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made Jn this Affidavit are true and correct and 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. L~ate ~ ~ TA~iMY4~K. BEbARD v - _ ~ TAMMY K. REDARD, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JOSEPH A. BEDARD, NO. 03-3364 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST EN~fl¥ OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODi 1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. TAMMY K. BEDARD, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JOSEPH A. BEDARD, NO. 03-3364 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 14, 2003 and served upon the Defendant on or about July 21, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and 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. JLO .S.E'IsI~ A. BEDARD TAMMY K. BEDARD, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-3364 CIVIL TERM JOSEPH A. BEDARD, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO R_Fn_UEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODF 1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ' '' Date ,. A. BEDARD Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 BHdge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY K. BEDARD, : 1N THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-3364 JOSEPH A. BEDARD, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORn To the Prothonotary: Transmit the record, together with the following information, to the court for entry ora divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301(e) of the Divorce Code. 2. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restrleted Delivery on July 21, 2003. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff September $, 2004; by Defendant September $, 2004. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated September g, 2004 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiffs Waiver of N,o_tice in 3301(c) Divorce w~_~t ~l. with Prothonotary: September 13, 2004. Date Defendant s Waiver of Notice in 33t~f(c) ~aivorce was filed with Prothonota~]: September 13, 2004. Dated: Septembe/~, 2004 Barbara Sumple-Sulhvan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff' Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge St~t New Cumberland, PA 17070 AMMY K. BEDARD, IN Plaintiff : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3364 JOSEPH A. BEDARD, Defendant : CIVIL ACTION - LAW : IN DIVORCE ~ERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 165 Lemoyne, PA 17043 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. #32317 Attorney for Plaintiff iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY TArtlY K. b~n~D, STATE OF ~~ PENNA. Pla/ntiff N O. 03-3364 VERSUS DECREE IN DIVORCE AND NOW, ~.,~z.~_~'.~,~,,.~, /Y' 2004 , IT IS ORDERED AND DECREED THAT , PLAINTIFF. AND , 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 SEEN ENTERED; ~1 ~t~s ~ ~ ~1~ ~s~t to ~ ~i~l ~ttl~t ~t ~ ~ ~ ~ti~ BY THE C )URT: ~ ~;'PROTHO NOTARy