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HomeMy WebLinkAbout08-0872 HEATHER S. BAUM, Plaintiff V. JEREMY E. BAUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C)8- 8#7,A Civil lean CIVIL ACTION - LAW 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 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlise, PA 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 OFFICES 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 OR (800) 990-9108 ¦ L; HEATHER S. BAUM, Plaintiff V. JEREMY E. BAUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ?, ?? `Tek -- NO. OF - ?'7 1 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Heather S. Baum, an adult individual who currently resides at 42 Cardinal Drive, Carlisle, Cumberland County, Pennsylvania 17324. 2. Defendant is Jeremy E. Baum, an adult individual who currently resides at 393 Oxford Road, Gardners, Cumberland County, Pennsylvania 17324. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 26, 2003 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Defendant is an active member of the Army Reserves. 8. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests the Honorable Court to enter a Decree of Divorce. . i COUNT II - DIVORCE UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 9. Paragraphs 1 through 7 of the Complaint are incorporated herein by reference as though fully set forth. 10. Defendant offered such indignities to Plaintiff, the injured and innocent spouse, as to render her condition intolerable and her life burdensome. 1 1. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests the Honorable Court to enter a Decree of Divorce pursuant to Section 3301(a)(6) of the Divorce Code. COUNT III - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 13. Paragraphs 1 through 12 of the Complaint are incorporated herein by reference as though full set forth. 14. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from the date of said marriage until the date of separation. 15. Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matter with Defendant. 16. As of this date no settlement has been reached, and Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully request the Honorable Court to equitably distribute the marital property of the parties. Respectfully submitted, i, P.C. By: FFr)(nk C. Sluzis, Esquire # 43829 Scaringi & Scaringi, P.C 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: frankAscaringilaw.com VERIFICATION I verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: P Q -ems sc + cm n o 4=2 o -?' L17 c . T. V1 E - cz? R' i--- rn __ -Ti CA) 0 p N I?kv_l C _, HEATHER S. BAUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-872 CIVIL TERM JEREMY E. BAUM, CIVIL ACTION - LAW Defendant IN DIVORCE PROOF OF SERVICE I, Robert D. Turgyan for Scaringi & Scaringi, do hereby certify that a true copy of the Complaint for Custody in the above-captioned Custody Action has been duly served upon the following by depositing the same in the United States Mail, First Class Postage Prepaid, Certified, Return Receipt Requested on February 13, 2008 as follows: Jeremy E. Baum 393 Oxford Road Gardners, PA 17324 .`-1r a8 Date Robert Tur , Paralegal Scaringi gi, P.C. 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 717-657-7770 r% ra .. C3 ti m O r%- C3 Carded fte O C3 (Endor nt Requliedi C3 Restricted DelPrery Fee (EndoraemeM Re UIZ -0 r-l Total Postage & Fees ¦ Complete items 1, 2, and 3. Also complete 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: A X Agent B. ( ) C. Date of Delivery d-13 4 D. Is delivery address different from item 1? ? Yes M YES, enter delivery address below: ? No Y) r5 3. Service Type 00 Certified Mail ? Express Mail 0 Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (N n far Sam OWWW h"O 7003 1680 000? 0888 201? Ps Form 3811, February 2004 Doomfic Return Receipt IGNOS-02-WI540 -Te .393 QX 6'-r ?oac? r? Ad /732V r r"o .r 1s HEATHER S. BAUM, Plaintiff V. JEREMY E. BAUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 08-872 CIVIL ACTION - LAW 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 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 32 SOUTH BEDFORD CARL ISLE, PA 17013 (717) 249-3166 OR (800)990-9108 0 -ABOM & LIT I AKIS Michelle L Sommer, Expire Attorney LD. No.: 93034 36 South Hanover Sheet Car,Ysle, PA 17013 (717) 249-0900 HEATHER S. BAUM, Plaintiff V. JEREMY E. BAUM, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 08-872 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND NOW this D day of March, 2008, comes the Defendant, Jeremy E. Baum, by and through his undersigned counsel, Michelle L. Sommer, of Abom & Kutulakis, L.L.P., and who respectfully sets forth the following Answer and Counterclaim to Plaints Copolaint in Divorce and avers the following: ANSWER to COUNT I - DIVORCE under SECTION 3301(c) or SECTION 3301(4) of the DIVORCE CODE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Respondent is unable to admit or deny this averment. ANSWER to COUNT II - DIVORCE under SECTION 3301(a)(6) of the DIVORCE CODE 9. No response is required for this averment. 10. Denied. It is specifically denied that the Plaintiff is an injured and innocent spouse to the extent to render her condition intolerable and her life burdensome. 11. Denied. It is specifically denied that this action is not collusive. 12. Respondent is unable to admit or deny this averment. ANSWER to COUNT III - REQUEST for EQUITABLE DISTRIBUTION of MARITAL PROPERTY 13. No response is required for this averment. 14. Admitted. 15. Respondent is unable to admit or deny this averment. 16. Admitted. COUNTERCLAIM under SECTION 3301(a)(2) of the DIVORCE CODE 17. Defendant seeks a divorce pursuant to the provisions of the Divorce Code, §3301(a)(2) in that: a. Defendant is the innocent and injured spouse as the Plaintiff has committed adultery. b. As a result the marriage is irretrievable broken. c. Plaintiff and Defendant have lived separate and apart since November 1, 2007 and continue to do so. 18. Defendant has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in such counseling. WHEREFORE, Defendant respectfully requests that this Honorable Court enter a Decree of Divorce on his behalf. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. -*S og Date Michelle L. Somm squire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Defendant I, JEREMY E. BAUM, verify that the statements made in this Defendant's Answer to Complaint in Divorce and Counterclaim under Section 3301(a)(2) are true and correct to the best of my knowledge, information, and belief. 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 _Ma tk, q .2099!j[ /.,-, ZAL,- , J REMY . BAUM AND NOW, this 6W day of March, 2007, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Defendant's Answer to Complaint in Divorce and Counterclaim under Section 3301(a)(2) to the Plaintiff by First Class U.S. Mail at the following address: Frank C. Sluzis, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road Suite 106 Harrisburg, Pennsylvania 17110 Attorney for the Plaintiff Michelle L. Sommer, squire V-2 0 alp N t HEATHER S. BAUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-872 CIVIL TERM JEREMY E. BAUM, CIVIL ACTION -LAW Defendant IN DIVORCE REPLY TO NEW MATTER 17 a. Denied. It is denied that Defendant is the innocent and injured spouse and that Plaintiff has committed adultery. On the contrary, Defendant offered such indignities to Plaintiff as to render her condition intolerable and her life burdensome. 17 b. Admitted in part, denied in part. It is admitted that the marriage is irretrievably broken. However, it is denied that the marriage is irretrievably broken as a result of Plaintiff committing adultery. It is specifically denied that Plaintiff has committed adultery. It is further denied that Defendant is the innocent and injured spouse. 17 c. Admitted. 18. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment; therefore, said averment is denied and strict proof thereof is demanded at time of trial, if relevant. WHEREFORE, Plaintiff prays your Honorable Court to dismiss Defendant's New Matter with prejudice. Respectfully submitted, P.C. 1 C / ?- By: ` Fr C. Sluzis, Esquire I 43829 Scaringi & Scaringi, P.C 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: frankaa,scaringilaw.com HEATHER S. BAUM, Plaintiff V. JEREMY E. BAUM, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-872 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this / :2 day of March, 2008, I, Frank C. Sluzis, Esquire, do hereby state that I served a true and correct copy of the foregoing document upon the following individual in the manner indicated. VIA FIRST CLASS U.S. MAIL, POSTAGE PRE-PAID Michelle L. Sommer, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 I verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: I (l d s--? [} <? -r' ?.- ?? ?r ?u =?C ` ? ?? T, •-3 ?? ?? ?y ? ?+ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA &.a P a th a r sJ , 3C3.td_m Plaintiff Vs File No. D F- 77-7- 44% v,"! rerm IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x"] _) prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of S e . b e-r , and gives this 704. .4 P.S. written notice avowing his / her intention pursuan;4r= Date: ghlo Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF 'ba,,t.i in On the day of 200Ybefore me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Notary Public NOtARUt R?AI MARY L $I" on Nft" NNWIi11AfN1A ? POW p C *Wm imy c. I Oct as. Sot t rte. Q ? ? rri r -i c-n #A3i wr;?rwwirwrrirrr aOr?? OWVW S YAM IIMI" !1MMM My! tm.4xtoo HEATHER S. BAUM, NKA, HEATHER SEIBERT, Plaintiff V. JEREMY E. BAUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 08-872 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 6, 2008. 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. 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. Date: f ? 2- D ? -ae C.. Heather Seibert ?- ? ? rrx:! ('„ h ??; ? r;? -.-:;? +.. 4 ?} ' ( j t r 4 ' _. SS'' '"'„'J . ? -i ns ?`a+ V HEATHER S. BAUM, NKA, HEATHER SEIBERT, Plaintiff V. JEREMY E. BAUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 08-872 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1'2-P,2, 0 b - C- Heather Seibert r-, ,-•; _ , _ ? - ?" ? ?r ? , ?? ter; ._.- -r? - . '?, ??° M- :. }, HEATHER S. BAUM, NKA, HEATHER SEIBERT, Plaintiff V. JEREMY E. BAUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 08-872 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 6, 2008. 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. 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 unworn falsification to authorities. Date: l G v J emy E. aum ?-> M? (' n .--i _ F"?# T j ? . vS ???. ?'-i ' 1 ? .. .-L:. ,?.„F HEATHER S. BAUM, NKA, HEATHER SEIBERT, Plaintiff V. JEREMY E. BAUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 08-872 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ) 1 Ak? remy E. aum ?? ?`7 I d Y ?_._I ?? ?,ryy.?? 4?? .. .. _ ' ? .. ?. y 4 1r? ?-f ; `.. q y^-,9 .., w ?? MARITAL SETTLEMENT AGREEMENT This Agreement made this X02 day of December, 2008, by and between Jeremy E. Baum, hereinafter referred to as "Husband", and Heather L. Seibert, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 26, 2003, in Cumberland County, Pennsylvania; WHEREAS, a Complaint in Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania on February 6, 2008, and docketed to term and number 08-872, Civil Term; WHEREAS, differences have arisen between Husband and Wife in consequence of which they have determined to live separate and apart from each other, and that they be divorced from the bonds of matrimony; WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future, support, alimony and/or maintenance; and any and all claims which either party has, or may have against the other or the other's estate. In consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree to the terms set forth in this Agreement. 1. Separation Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall harass the other or attempt to harass the other, nor compel the parties' cohabitation. 2. Waiver of Rights and Mutual Releases Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estates from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendent elite, equitable distribution or marital property, counsel fees or expenses. 3. Effect of Divorce Decree on Agreement Either party may enforce this Agreement as provided in section 3105(a) of the 2 Divorce Code. As provided in section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendent elite, counsel fees or expenses shall not be subject to modification by the court. 4. Date of Execution The "date of execution" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution" or "execution date" shall be the date on which the last party signed this Agreement. 5. Headings Not Part of Agreement The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 6. Severability and Independent and Separate Covenants Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If a court declares any term, condition, clause or provision of this Agreement void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken. In all other respects this Agreement shall be valid and continue in full force, effect and operation. 7. Additional Instruments Each party shall execute, acknowledge and deliver to the other any and all instruments, assignments, releases, satisfactions, deeds, notes or other writings that may be necessary to give full force and effect to this Agreement. 8. Agreement Binding on Heirs This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. 9. Integration This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 10. Modification or Waiver to be in Writing No modification or waiver of any term of this Agreement shall be valid unless in Writing and signed by both parties. 11. No Waiver of Default Either party's failure to insist upon strict performance of any term of this Agreement shall in no way affect the right of that party to enforce the term. 12. Applicable Law This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 13. Attorneys' Fees for Enforcement The breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. 14. Voluntary Execution Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily without any duress, undue influence, collusion or 4 improper or illegal agreements. 15. Disclosure of Assets Each party has had an opportunity to discuss with counsel the concept of marital Property under Pennsylvania law and the right to seek discovery under the Divorce Code and the rules of civil procedure; and the right to have the real estate, personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth. Each party confirms that there has been disclosure to the other of such income, assets and liabilities. Each party waives any right to further disclose, valuation, enumeration or statement of income, assets or liabilities. Neither party desires to make or append to this Agreement any additional enumeration or statement. Neither party shall sue the other party or that party's heirs, executors, administrators or assigns, alleging denial of any right to full disclosure, or fraud, duress, undue influence or failure to have available full, proper and independent representation by legal counsel. If either party subsequently discovers any property interest not identified in this Agreement, that property shall be divided equally. If, however, one party knowingly concealed or misrepresented the existence of the property, then that property shall become the sole and separate property of the other. The concealing party shall pay all costs associated with the failure to disclose, including but not limited to transfer costs and counsel fees and expenses. 16. Husband's and Wife's Debts Except as otherwise set forth in this Agreement, the parties represent and warrant 5 to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. Any and all debt or obligation in the name of the party shall become the sole debt or obligation of that party. 17. Advice of Counsel Both parties have received independent legal advice from counsel. They have been informed fully as to their legal rights and obligations, including all rights available to them under the Divorce Code and other applicable laws. Husband is represented by Michelle L. Sommer, Esquire. Wife is represented by Frank C. Sluzis, Esquire. 18. Equitable Distribution 1. Real Estate The parties agree that they are joint owners of a parcel of real estate which is located at 393 Oxford Road, Gardners, Cumberland County, Pennsylvania. Within thirty (30) days of the execution date of this Agreement Wife shall execute a deed conveying all right and title to the real estate to Husband. In exchange and contemporaneous with the execution of the deed by Wife, Husband shall pay Wife a lump sum payment of $30,000.00 by cash or certified check. The parties agree that the subject real estate is encumbered by a mortgage held by Wells Fargo. Said mortgage is in the name of Husband solely. Husband shall be solely liable for said mortgage and shall indemnify and save harmless Wife from any and all claims or demands made against Wife by reason of this debt or obligation. 2. Investments and Other Accounts 6 The parties did not acquire any investments, including brokerage accounts, money market accounts, stocks, and bonds. Prior to executing this Agreement the parties divided the funds in their bank accounts, and neither party shall assert a claim to the funds retained by the other party. 3. Life Insurance Policies Neither party acquired any life insurance policies with cash or surrender value, and each party is entitled to designate any beneficiary of any term life insurance policies which that party may have acquired during the marriage. 4. Pension and Retirement Benefits Husband and Wife agree that each does hereby 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, 401(k) plan, 403(b) plan, keogh plan, stock plan, tax deferred savings plan, any employee benefit plan and/or other retirement plan or plans of the other party, acquired in the past or future by the other party, whether acquired through said party's employment or otherwise (hereinafter "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. 5. Personal Property The parties shall retain all personal property in their possession as that party's sole possession. 19. Spousal Support, Alimony Alimony Pendente Lite and Maintenance Neither party shall pay spousal support, alimony, alimony pendent elite or 7 maintenance to the other, and both parties waive their right to claim such payments. The parties acknowledge that there currently exists a support order entered in favor of Wife and against Husband in the Court of Common Pleas of Cumberland County, Pennsylvania and docketed to number 00251-5-2008, PACSES 274109903. The parties agree that Wife will terminate said action with prejudice within thirty (30) days of the execution date of this Agreement. 20. Counsel Fees, Costs and Expenses Each party shall pay his or her own counsel fees, costs and expenses, and both parties waive their right to claim such payments. 21. No-Fault Divorce The parties agree to execute contemporaneously with the execution of this Agreement Affidavits of Consent pursuant to Section 3301 (c) of Divorce Code and Waiver of Notice of Intention to Seek Entry of Divorce Decree. IN WITNESS WHEREOF, the parties have signed this Agreement on the day and year first above written. WITNESS: EAL} J emy . um =H (??J SEAL) Heather L. Seibert 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C Urnb2.r-C.-()Ck : SS Personally appeared before me the undersigned officer, this q`L day of December, 2008, JEREMY E. BAUM, known to me, or satisfactorily proven to be, the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ILI, o1 (1/ 4 Z.?z Notary Public COMMOMNPiLTi- q7 PENNSYLVANIA Shannon CadWe -iry pt byr' MY Com r?: v;aniy %9 Member, i?c n of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF : SS Personally appeared before me the undersigned officer, this ia,t l? day of December, 2008, HEATHER L. SEIBERT, known to me, or satisfactorily proven to be, the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. Notary Public NNC M RM EM01% MIAL 6EAi. wt' Pdbk M OMMINp COUNTY a ,Mn 2, 7012 9 NOV Lt$ ----------------- C"3 W -mow my ? (` :I'S!.?p'??p m Wow, A J ' ,AB OM & U ULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 HEATHER S. BAUM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. No. 08-872 JEREMY E. BAUM, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. Certified Mail, February 13, 2008 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a. by Plaintiff. December 12, 2008; by Defendant: December 4, 2008. 4. Related claims pending: a. None. 5. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff: December 18, 2008; by Defendant: December 18, 2008 Respectfully submitted, DATE a I 1&1 6 z A Bom & KUTULAKiS L.L.P Michelle L. Sommer squire Supreme Court ID 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 r CERTIFICATE OF SERVICE AND NOW, this 18th day of December, 2008, I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Transmit Record upon the Counsel for Plaintiff by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: Frank C. Sluzis, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Respectfully submitted, DATE ABOM&KUTUIAKi4 L.L.P q. Michelle L. Somme squire Supreme Court ID #93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff C'7 iY7?1 4Q ==T lY.' co HEATHER S. BAUM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEREMY E. BAUM NO. 08-872 DIVORCE DECREE AND NOW, D-Q&- 1-?? , it is ordered and decreed that HEATHER S. BAUM , plaintiff, and JEREMY E. BAUM , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated December 12, 2008 is incorporated but not merged into this Decree. By the Court, Attest: J. Prothonotary r J ' ? r