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HomeMy WebLinkAbout01-4729 MW - ME rZGER - WICKERSHAM ,3211North Front-Strcct . P,O. B~ 530!L, Harrisburg, Pennsylvania 17110-0300 Other Offices Colonial Park Mechanicsburg Shippcnsburg ~- o DAVID M, BIGGS. Plaintiff IN THE COURT OF COMMON PLEAS CC'vIBERLAND COUNTY. PE1\TNSYL VANIA v, NO, O! -, 4'7;"'1 Ctu~l 7~ MEENAKSHI K. BIGGS. Defendant CIVIL ACTION - LAW CO'vlPL\INT IN DIVORCE NOTICE TO: MEENAKSHI K, BIGGS, Defendant 117 W. Jackson Street York.PA 17403 YOU HAVE BEEN SUED IN COURT. lCyou 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 at the Cumberland County COUl1house, 1 Courthouse Square. Carlisle. Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY. LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THE'v1. 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 OlJT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 noel/men! ii.- 2009/2, I v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-47;} q CuL '-r~ DAVID M, BIGGS, Plaintiff MEENAKSHI K. BIGGS, Defendant CIVIL ACTION - LAW COMPLAINTIN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is David M. Biggs, an adult individual residing at 2233 Aspen Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Meenakshi K. Biggs, an adult individual residing at 117 W. Jackson Street, York, York County, Pennsylvania 17403. 3. Plaintiff and Defendant have been a bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 7,1989 in York, York County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Rights Act of the Congress of 1940 and its amendments. 6. Plaintiffs social security number is 184-38-1650 and Defendant's social security numberis 160-66-9987. 7. There have been no prior actions of divorce or for annulment between the parties. Document #: /94824.1 8. Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in cOWlSeling. 9. There were no children borne to this marriage. COUNT I Divorce 10. The averments of paragraphs 1-9 hereof are incorporated herein by reference. II, The marriage is irretrievably broken. 12, Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Plaintiffs condition intolerable and life burdensome, as defined by 23 Pa. C.S.A. S 3301(a)(6) ofthe Divorce Code. 13. Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and Defendant. COUNT II Equitable Distribution 14. The averments of paragraph 1-13 are incorporated herein by reference, 15. During the marriage the parties acquired marital property, assets, and debts which Plaintiff requests the Court equitably distribute and assign. Document #: /94824./ WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce, enter an Order equitably distributing marital property and enter such other Orders as are appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERE By tf(Ji t IJ'ltlJcI Jt(jl/& Melissa L. Stickel, Esquire Attorney LD. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Date: a~. 7, cY()O/ Document #: 194824.1 VERIFICATION I, David M. Biggs hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S,A. 94904 relating to unsworn falsification to authorities. njA:!1/ ;g~ ./) Date: Uug. ~ 074J/ Document #: 194824./ 6 ~ ~ ~ ~~ ~ ~ ~ \ A.: 'C)() I Vl~E?8~ 'v," V) 0 ~ Vi t- <S:. " MoO ....... ...... v- ~ b;J. ~ c:: tf"J ,> Lt: 2': -~ <-\:; _~~5oq:- , ).~ "JS -~ 'J,~ en _ , . ''"f-'J ):-- (~ ,r~ j"i"--. ~ ~,-;'? 8:: ,-,'- -, :5 C:J U ~ ~ t-.. ....... ~ .... en <n ~ 11t H105.157REV.5-97 COMMONWEAlTH OF PENNSYlVANIA OEPAR"NENT OF tEALTH vrrALRECORDS 01 - J{7J. STATE ALE NUMBER CUMBERLAND DIVORCE [U RECORD OF OR ANNULMENT o STATE ALE DATE counv (CHECK ONE) HUSBAND BIGGS 2. DATE OF BIRTH 4. P.tACE OF BIRTH 7. USUAL OCCUPATION (Day) 27 (StatB or Foreign Countty) Providence, RI 3 (Yea<) 48 1. NAME (Fm) DAVID (M/deIe) M. (lAst) (Month) 5. NUMBER OF THIS MARRIAGE StreBt or R.D. City, Boro. or Twp. County State P.O. Box 761, Mechanicsburg, Cumberland, 6. RACE WHITE PA 3. RESIDENCE 2 Sales Management WIFE Co"my SIsto 9. DATE OF BIRTH 1. PLACE OF BIRTH 14. USUAL OCCUPATION (Moo") (Day) (Yea<) 8. MAIDEN NAME (FJISl) (Mkide) (Last) Khanna Meenakshi K. 10. RESIDENCE Street or R.D. City, 80m. or Twp. 117 W. Jackson York 12. NUMBER OF THIS MARRIAGE 15. PlACEOF THIS MARRIAGE 17A. NUMBER OF CHILDREN THIS MARRIAGE 0 Bi (State or Foreign Country) 1 PA OTHER (Specify) o Banker 16. DATE OF (Month) THIS MARRIAGE 10 9. DECREE GRANTED TO HUSBAND o (Day) (Yea<) 7 1989 (County) (State or Foreign Country) York 7B. NUMBER OF DEPENDENT CHILDREN UNDER 18. o PA 18. PLAINTIFF HUSBAND WIFE GI 0 WIFE o OTHER (Specify) o (Month) WIFE o (Day) o (Year) OTHER (Specify) o 21. LEGAL GROUNDS FOR DIVORCE OR ANNULMENT 20. NUMBER OF CHILDREN TO CUSTODY OF 22. DATE OF DECREE HUSBAND o SPUT CUSTODY 23. DATE REPORT SENT TO vrrAL RECORDS (Month) (Day) (Y"') 24. SIGNATURE OF TRANSCRIBING CLERK Front Sf&J : 001 I ' Per1nsyl~ti I ! 'I '1 ! " I , ' Other Offices Colonial Park Mechanicsburg Shippenshurg DAVID M, BIGGS. Plaintiff IN TI IE COURT OF COMMON PLEAS CUMBERLAND COUNIY PFNNSYL VANIA v. NO, 01-4729 Civil Term MEENAKSIllK. BIGGS, Defendant CIVIL ACTION - LAW COMPLAINT IN DIVORCE AFFIDAVIT OF SERVICE I, Mclissa L. Stickcl, Esqnire, counsel for Plaintiff, David M, 8iggs, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant, Meenahshi K, 8iggs via certified ,md regular mail on August 10.2001, The certificd mail came baek unclaimed however the copy sent regular mail has not becn returned to our office, Attached hereto, marked as Exhibit "A" are copies of the letters sent via regular and certified mail. Also attached hercto, marked as Exhibit "B" is a eopy of the envelope returned marked "unclaimed", METZGER, WICKERSHAM, KNAUSS & ERB, p,c. I ;1' / / I /r ./ I Melissa L. Stickel, Esquire LD. No. 85869 321 I North Front Street 1',0, Box 5300 Harrisburg, pA 17110-0300 (717) 238-8187 Attorney for Plaintiff , 1/1,'11" ~J .', I i/, / Date: August 28, 2001 /)o('l/IlIellf #- 2J./8/ II (C (Q) p v August 10, 2001 VIA REGULAR AND CERTIFIED MAIL Meenakshi K. Biggs 117 W. Jackson Street York, PA 17403 RE: Biggs v Biggs Docket No. 01-4729 Civil Our File No. 86-30 Dear Ms. Biggs: /\;W \ 11 III ;lIZ _.__.._~----~ \\'llJ~IIZ\II!\;\\ SINCE 1888 3211 North Front Street PO, Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Colonial Park 717-652-7020 Mechanicsburg 717-691-5577 Shippensburg 717-530-7515 Enclosed please find a copy of a Complaint in Divorce which was filed in the Court of Common Pleas of Cumberland County. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Melissa L. Stickel MLS/dlr Enclosure Document #: 2/3398./ U.S. Postal Service CERTIFIED MAIL RECEIPT (0011)( "II( Melli Onlv No IllstJI IIH (' COVl'f,JW' PIOVldl'dj I '11/0101 Postage $ Certified Fee Postmar\l. Return Receipt Fee Hore (Endorsement Required) Restricted Delivery Fee \ (Endorsement Required) Total Postage & Fees $ CJ ~ CJ IT" ru fT1 '" CJ ~ r'l CJ CJ CJ CJ ;T fT1 IT" IT" CJ r'- Karl R. Hildabrand"" Steven P. Miner Clark DeVere E. Ralph Godfrey Steven C. Courtney Francis J, Lafferty.lV David H. Martineau Andrew W. Norfleet Steven C. Skoff Melissa L. Stickel .. Boord Certified in civil trial law and advocacy "!f~~~,N~~~~~~!_~rd , ", " ,', ,- '~"" ';~";:';:27~~~t.~t;:::;~~;;~;.::<;.>,)'i-::i:';-$'~"Z:.~nm:" h-on+ ~ A nion~ . ~;~ ~~ c:oo....z z....rn....rn ~ tl:lc:!l:l;i r-p:!~.,,:!! rn_ ....n .....<zl'l'l- c~c:t:I~ "",~i1:Z.... cmmO=- =r-I'I'I....o ..l. EI'I'I.e;llll:1:I ..l,. ~>rnZ= .1 =rn....ol'l'l...... 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(") s;;; :,i:"'" ""t)~; nIl": ~~: . ~- ~~-- r...,:C.... ~() ~c: z :::2 C:1 1~ ~~:') (,.,) I::> ,'i'"\ c.) ~ t) -:.G - r:) :;11 ~~~ ~ ~ ~-;) ::;:~ - .. :.n Iv DAVID M, BIGGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : No. 01-4729 Civil Term MEENAKSHl K. BIGGS, Defendant : CIVIL ACTION - LAW : DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court, Ajudgmcnt may also be entered against you for any other claim or rclicfrcqucstcd in these papers by the Defendant. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LA WYER'S liEES OR EXPENSES BEfORE A Dl VORCE 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 LmERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 DAVID M. BIGGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 01-4729 Civil Term MEENAKSHI K. BIGGS, Defendant : CIVIL ACTION - LAW : DIVORCE COUNTERCLAIM IN DIVORCE The Defendant, Meenakshi K. Biggs, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Counterclaim in Divorce: I. The Plaintiff, David M. Biggs, is an adult individual who currently resides at 2233 Aspen Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Meenakshi K. Biggs, is an adult individual who currently resides at 117 West Jackson Street, York, York County, Pennsylvania, 17403. Count I - Divorce Pursuant to 133301(a) of the Divorce Code 3. The prior paragraphs of this Counterclaim are incorporated herein by reference thereto. 4, The causes of action and sections of the Domestic Relations Code under which Defendant beings this Counterclaim are as follows: (A) Section 330l( a)(l) - Plaintiff willfully and maliciously deserted Defendant, the innocent and injured spouse, and has been absent from the habitation of Defendant, without a reasonable cause since June of2000. (B) Section 330I(a)(6) - Plaintiff has offered such indignities to Defendant, the innocent and injured spouse, as to render her condition intolerable and life extremely burdensome. Count n - Counsel Fees. Exoen8eS and Costs of Suit 5. The prior paragraphs of this Counterclaim are incorporated herein by reference thereto. 6. Defendant has retained an attorney to bring this action and has agreed to pay her a reasonable fee. 7. Defendant has incurred and will incur costs and expenses in prosecuting this action. 8. Defendant is not financially able to meet either the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. WHEREFORE, Defendant requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Count m - Eauitable Distribution of Marital Prooertv Pursuant to 1I3502 ofthe Divorce Code 9. The prior paragraphs of this Counterclaim are incorporated herein by reference thereto. 10. During the marriage of the parties, they acquired real and personal property, which constitutes marital property under the Divorce Code. 11. This Honorable Court is authorized by the Divorce Code to equitably divide, distribute or assign the marital property and liabilities between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, the Defendant respectfully requests this Honorable Court to enter an order of equitable distribution of marital property pursuant to ~3502 of the Divorce Code, Count IV -Alimonv. Alimonv Pendente Lite 12. The prior paragraphs of this Counterclaim are incorporated herein by reference thereto. 13. Defendant lacks the sufficient property and resources to provide for her reasonable means. 14, Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests this Honorable Court to enter an award of alimony pendente lite and alimony until final hearing and hereafter. RESPECTFULLY SUBMITTED: # - Dated: Z(lrj!lJZ ~ '. DAVID M. BIGGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 01-4729 Civil Term MEENAKSHI K BIGGS, Defendant : CIVIL ACTION - LAW : DIVORCE VERlFICA nON I, Meenakshi K. Biggs, Defendant in the above referenced divorce action, hereby verify that the statements made in the foregoing Divorce Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: ~ -/9-lJtl- Signature: J1u.P1,.lu...R..:. Meenakshi K. Biggs \ t.J~ co c.:J (:n ....,,_. i': -7 ~j<!" ---).,,:~ ':~) ~~;' ::J ",- C.'I) "7 :::~ .') ". "'1 [,{j 'l~! Ll. ~ :t5 (,~, (j <~.::) ~ . \ ~ ~ f") 1 '0 \\l) &. ~ - ~ ~ .~ 1-- ~~ ~ \ ,. ~ ~ DAVID M. BIGGS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, : CIVIL ACTION - LAW Defendant : ACTION IN DIVORCE ORDER AND NOW, this day of , 2002, it is hereby ORDERED AND DECREED that Wife shall return the $2,100.00 she had received in rental funds from the Buyers. It is further Ordered that the $2,100.00 and any net proceeds from the sale of the marital residence shall be placed into an interest bearing account with the Cumberland County Prothonotary . BY THE COURT: J. DAVID M. BIGGS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-4729 Civil Term MEENAKSm K. BIGGS, : CIVIL ACTION - LAW Defendant : ACTION IN DIVORCE MOTION FOR MONIES TO BE HELD BY THE CUMBERLAND COUNTY PROTHONOTARY'S OFFICE AND NOW, comes David M. Biggs, by and through his attorneys, Melissa L. VanEck, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files this Motion and in support thereof avers as follows: 1. David M. Biggs is the Plaintiff in the above captioned matter. 2. Meenakshi K. Biggs is the Defendant in the above captioned matter. 3. Husband filed a Complaint in Divorce on August 9, 2001, which included a request for equitable distribution. 4. The parties own real estate situate at 2233 Aspen Place Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. The parties' marital residence is located at the aforementioned address. 6. The parties listed the marital residence for sale with Century 21 in October, 2001. In February, 2002, Wife removed the marital residence from the market without Husband's consent. 7. On or about March 3, 2002, Wife signed an Agreement of Sale for the marital residence without Husband's consent or knowledge. 8. Husband later agreed to the sale of the property and signed the Sales Agreement. A true and correct copy of the Sales Agreement is attached hereto and incorporated herein as Exhibit "A". 9. Husband and his counsel have repeatedly requested information from wife regarding the closing date and proof of the deposit made by the Buyers. 10. Wife has continually failed to comply with said request. II. Husband and his counsel finally took measures to locate the Buyers. 12. It was not until Husband's counsel made direct contact with the Buyers that he was able to obtain the information that was requested from Wife. 13. During the communication with the Buyers, Husband's counsel learned that Wife has been receiving rental funds for the marital residence. 14. Wife has received approximately $2,100.00 in funds from the potential Buyers as rent and a security deposit for the marital residence. 15. Wife did not disclose this information to Husband or his counsel. 16. Husband has further learned that the closing on the marital residence is to take place on April 19, 2002, at 2:00 p.m. 17. To date, the parties have not reached an agreement as to the distribution of the marital assets. Document #: 231975.1 2 WHEREFORE, David M. Biggs, respectfully requests that this Honorable Court grant the following requests: (I) That the court order Wife to return the $2,100.00 that she had received in rent from the Buyers; (2) That $2,100.00 and any net proceeds from the sale of the marital residence shall be placed into an interest bearing account with the Cumberland County Prothonotary. METZGER, WICKERSHAM, KNAUSS & ERB Mei!1~e 4rr71h Ji f}-,- Attorney Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff David M Biggs Date: April IS;, 2002 Document #: 231975.1 4 ~3/22/2002 20:18 ---- 00000000000 11111 11111 PAGE 05 oP I ~6i urhK 10 PURaIME RIAL ESTATE ..It IrnlMn. INIII"'4Igned, """ .I.VM Hllln.1llIW tD...... ftlIm IlIWId . ,.... . ,'1 ....1'81I... -- ., m~ __ QutIftUpper AIlInTo-lIIhlp,Ift." dMw:ll.IUIu9. o..lb..~"CIlIII'llY, .........MIIII. ". ~....... CIIIfIreIS 11..._...................--........... $75',. I)es:IclII: I............ ,...s........-........-......... ~__ upan lIgIing..-_h...... ..... ..__...M -.. ..lit ~W.....~.......,,_...~. ~.. ,.p... 1OrAL~~ TllII oller II.... Rr' ... upan ~ r '"lg lIiIIIns: L~.lIICIIIlIlIilll._.......-~~, 2.SIId.... 1rlllllldftle.....d.~...-"*'...(IlIlIdIlld..- f- ....,wItI"'~ II 'J .afgld........1V r . 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L _ _". _~, ....... -......,-,..., ...!_,_.._---"'...~...........- ~ ' - .~III......."^'"'._.....aa ."""""""'~.... - CERTIFICATE OF SERVICE AND NOW, this tEfLday of April, 2002, I, Melissa Van Eck, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Motion for Monies to be Held by the Cumberland County Prothonotary's Office this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Meenakshi K. Biggs 117 West Jackson Street York,PA 17403 Defendant Via hand delivery to: Curt Long, Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013-3387 METZGER, WICKERSHAM, KNAUSS & ERB Melissa L. an Eck Attorney Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff David M Biggs Date: April IS; ,2002 ?f l-- wO 07 G:~2 IJ_ F' OrC" 6(, Wi::>" .-J, \ cr:I r." U- o c> u-: C-~ :r: 0.. (.: Z =.'4 S~~Z '-'~~ C!~j ~t(,:) ....jZ \'=1?6 CLl ::J- *';;. "'5 o In 0.:: "- oCt N C' - ._._.__._--~~----~. . ~. .' DAVID M. BIGGS V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MEENAKSHI K. BIGGS : NO. 2001-4729 CIVIL TERM ORDER OF COURT AND NOW, this 16TH day of APRIL, 2002, a Rule is issued upon Defendant to Show Cause why the relief requested should not be granted. Rule returnable at a hearing scheduled for FRIDAY. APRIL 19.2002. at 12:45 p.m. in Courtroom # 5 of the Cumberland County Courthouse. Melissa 1. Van Eck, Esquire For the Plaintiff Meenakshi K. Biggs 117 West Jackson Street York, Pennsylvania 17403 ~ -0..( 't_!/-,O.l- ~.(... I 9- :sld . . '. 'iINVAlASNN3d AlNn08 GfW1HJ8V1!nO L"l :S Hd 91 ~dV 20 Al:JV10NDHLDdd :10 3:)l:UQ-O:T1U ,. "d.'.i"~'!,b~~,.<""">o' ""''',,', " ' MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this .aat day of ~, 2002, by and between DAVID M. BIGGS (hereinafter "Husband") of Providence, Providence County, Rhode Island, and MEENAKSHI K. BIGGS (hereinafter "Wife") of York, York County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on October 7,1989, in York, York County, Pennsylvania; WHEREAS, no children were born of the marriage; WHEREAS, unhappy differences and difficulties have arisen between the parties, In consequence of which the parties intend to live separate and apart for the rest of their natural lives; WHEREAS, the parties are Plaintiff and Defendant, respectfully, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 01-4729 Civil Term; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: Document #: 236569,} L SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnifY and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Document #: 236569,] 2 Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE The parties owned as tenants by the entireties improved real property situated at 2233 Aspen Place, Mechanicsburg, Cumberland County, Pennsylvania ("marital residence"). Said property was sold on April 19, 2002. The proceeds from the sale of the marital residence, $23,201.94, were placed into an interest bearing account with the Cumberland County Prothonotary Office. The parties have agreed that aforementioned proceeds shall be divided as follows: a. Husband shall receive the sum of $1 0,500.00; b. Wife shall receive the remaining funds once husband's share has been removed. 5. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction. All personal property currently in Husband's possession shall be the sole and separate property of Husband with the exception of items listed on Exhibit "A." All personal property currently in Wife's possession shall be the sole and separate property of Wife with the exception of items listed on Exhibit "B." Any items of personal property not listed within the above Exhibits shall remain with that person or shall be given to charity. All personal property Document #: 236569,J 3 items on Exhibits "A" and "B" must be exchanged within sixty (60) days of the date of this Agreement. 6. MOTOR VEHICLES Husband shall retain sole and exclusive ownership of any vehicles in his name and Wife shall retain sole and exclusive ownership of vehicles in her name. Husband and Wife agree to execute, within sixty (60) days of the date of this Agreement any and all forms, titles, and documents necessary to transfer the vehicles from joint ownership to individual ownership as specified herein. 7. JOINT DEBTS Any debts or obligations incurred by either party in hislher individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation currently stands. 8. RETIREMENT BENEFITS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any pension/retirement/profit sharing plan of the other party, whether acquired through said party's employment or otherwise, and hereafter the pension/retirement/profit sharing plan shall be identified above as being either husband's or wife's and shall become the sole and separate property of the party in whose name or whose employment said plan is carried. Document #: 236569,] 4 9. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall not constitute alimony, but is made as part of the parties' equitable distribution. 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. Document #: 236569./ 5 " 14. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of hislher own counsel fees and expenses. 15. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be reasonably acceptable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any undue influence, collusion, or improper or illegal agreement. 16. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 17. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code, as amended. As provided III section 3105( c), proVlSlOns of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Document #: 236569./ 6 18. DATE OF EXECUTION The "date of execution", "date of this agreement" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement" or "execution date" shall be the date on which the last party signed this Agreement. 19. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 22. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. Document #: 236569./ 7 23. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 24. NO WAIVER OF DEF AUL T The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 25. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is mutually acceptable, and that they have reached this Agreement freely and voluntarily, without any undue influence, collusion or improper or illegal agreements. 26. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. Document #: 236569./ 8 27. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. This provision will not be enforceable against either party upon their death or inaccessibility while out of the country. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. ~,J);If. ~>= DAVID M. BIGGS .~~'h.:l~ MEENAKSHI K. BIG~ 1/CljO/L- / Document #: 236569./ 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF !::aUr~',Yj SS J I On this, the L day of "1 J t , 2002, before me, the undersigned officer, personally appeared DAVID M. BIGGS known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h y Co ubllc 0':01 H~SbUrg, PA DauphIn 00= My CommlS8lon expires June 10, ******************************************************************************* COMMO~ENNSYLVANIA COUNTY OF A~ SS On this, the kfday of jJ r- ' 2002, before me, the undersigned officer, (J personally appeared MEENAKSHI K. BIGGS known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my, d and rfcial seal. IL<-~ My Commission Expires: Notarial Seal Lis~ A. Rice, Notary Public Harnsburg, Dauphin County My Commission Expires Oct. 10,2002 Document #: 236569./ Exhibit" A" 1. Automotive parts l. u.fooY1 o\es CYI pt'r'o'YJ be''Vt3 Tro vlded.by J-Iu.sbo.;)) 2. Green tent Document #: 236569./ . Exhibit "B" 1. Britannica/Wodd Book 2. Wife's jewelry in yellow hamper (upon description being provided by Wife) 3. Seashell (iffound) 4. Romance book (1001 Ways of Romance) 5. Suitcase 6. Blue chimes 7. Keys to Mrs. Biggs' parents' home and garage Document #: 236569./ ~~ a) i?= C~ ~:-~- , ".,..- ('....) '- L--l.~ :.:.,:,:: J ,~ C(J (j) I <'<:.. , 7 . 'w . Lei lL.. . ".;.: .- 0 ;. ..'.' ::1 c:> 0 . l;."~. -. .. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 6lrd day of ~, 2002, by and between DAVID M. BIGGS (hereinafter "Husband") of Providence, Providence County, Rhode Island, and MEENAKSHI K. BIGGS (hereinafter "Wife") of York, York County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on October 7,1989, in York, York County, Pennsylvania; WHEREAS, no children were born of the marriage; WHEREAS, unhappy differences and difficulties have arisen between the parties, III consequence of which the parties intend to live separate and apart for the rest of their natural lives; WHEREAS, the parties are Plaintiff and Defendant, respectfully, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 01-4729 Civil Term; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: Document #: 236569./ ~ , 1. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Document #: 236569./ 2 "' Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE The parties owned as tenants by the entireties improved real property situated at 2233 Aspen Place, Mechanicsburg, Cumberland County, Pennsylvania ("marital residence"). Said property was sold on April 19, 2002. The proceeds from the sale of the marital residence, $23,201.94, were placed into an interest bearing account with the Cumberland County Prothonotary Office. The parties have agreed that aforementioned proceeds shall be divided as follows: a. Husband shall receive the sum of $10,500.00; b. Wife shall receive the remaining funds once husband's share has been removed. 5. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction. All personal property currently in Husband's possession shall be the sole and separate property of Husband with the exception of items listed on Exhibit "A." All personal property currently in Wife's possession shall be the sole and separate property of Wife with the exception of items listed on Exhibit "B." Any items of personal property not listed within the above Exhibits shall remain with that person or shall be given to charity. All personal property Document #: 236569./ 3 .. items on Exhibits "A" and "B" must be exchanged within sixty (60) days of the date of this Agreement. 6. MOTOR VEHICLES Husband shall retain sole and exclusive ownership of any vehicles in his name and Wife shall retain sole and exclusive ownership of vehicles in her name. Husband and Wife agree to execute, within sixty (60) days of the date of this Agreement any and all forms, titles, and documents necessary to transfer the vehicles from joint ownership to individual ownership as specified herein. 7. JOINT DEBTS Any debts or obligations incurred by either party in hislher individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation currently stands. 8. RETIREMENT BENEFITS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any pension/retirement/profit sharing plan of the other party, whether acquired through said party's employment or otherwise, and hereafter the pension/retirement/profit sharing plan shall be identified above as being either husband's or wife's and shall become the sole and separate property of the party in whose name or whose employment said plan is carried. Document #: 236569./ 4 . 9. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall not constitute alimony, but is made as part of the parties' equitable distribution. 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. Document #: 236569./ 5 " 14. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of hislher own counsel fees and expenses. 15. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be reasonably acceptable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any undue influence, collusion, or improper or illegal agreement. 16. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 17. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code, as amended. As provided III section 31 05( c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Document #: 236569./ 6 c 18. DATE OF EXECUTION The "date of execution", "date of this agreement" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement" or "execution date" shall be the date on which the last party signed this Agreement. 19. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 22. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. Document #: 236569./ 7 .. 23. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 24. NO WAIVER OF DEF AUL T The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 25. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is mutually acceptable, and that they have reached this Agreement freely and voluntarily, without any undue influence, collusion or improper or illegal agreements. 26. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. Document #: 236569./ 8 J 27. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. This provision will not be enforceable against either party upon their death or inaccessibility while out of the country. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. 4J /l1-~ DAVID M. BIGGS ){;~. t.. ~ 7/~/()9-- MEENAKSHI K. BIGGS I Document #: 236569./ 9 .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF l:>avph ~v\ SS On this, the~ day of .1"' J l t , 2002, before me, the undersigned officer, personally appeared DAVID M. BIGGS known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my M AMY S. MASON, Notary Public City of Harrisburg, PA Dauphin County My CommiSSion Expires June 10, 2006 ******************************************************************************* COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~11 p\1VV\. On th;" th,~" day of JfJ SS , 2002, before me, the undersigned officer, personally appeared MEENAKSHI K. BIGGS known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I horeunto;l;d A 7lu"'aL My Commission Expires: Notarial Seal Lisa A. Rice, Notary Public Harrisburg, Dauphin County My Commission Expires Oct. 10, 2002 Document #: 236569./ -- Exhibit" A" 1. Automotive parts (v...~Y\ desc~ pir'a-n J?e,~ p6Dv/ded ..b I Husban!) < 2. Green tent Document #: 236569./ .. Exhibit "B" 1. Britannica/Wodd Book 2. Wife's jewelry in yellow hamper (upon description being provided by Wife) 3. Seashell (if found) 4. Romance book (1001 Ways of Romance) 5. Suitcase 6. Blue chimes 7. Keys to Mrs. Biggs' parents' home and garage Document #: 236569./ - 6; ~\ 1-','. (-" " L\~ -; " (~: \~ t_'- .\~ CP c;, c:..i ...- ..,.... t~.~~. I-::'"~ ::,.J ..~ <,'} >? ~. '_:.-. :"j (~:) " ',,;..~ \-"''0.' l__.~- ,-;:~. (~) U - . DAVID M. BIGGS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, : CIVIL ACTION - LAW Defendant : ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: A Complaint in Divorce was filed on August 9, 2001, and served on Defendant, Meenakshi K. Biggs, on August 10,2001. An Affidavit of Service was filed on August 30, 2001. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent required by Section 3301(c) of the Divorce Code: Plaintiff: July 2, 2002, filed July 8, 2002 Defendant: July 2, 2002, filed July 8, 2002 Attached hereto as Exhibit "A". (b)(I) Date of execution of Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: N/ A (2) Date of service of the Plaintiff's affidavit upon the defendant: N/ A Document #: 238048./ - . 4. Complete the appropriate paragraphs: (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All. (d) State whether any written agreement is to be incorporated into the Divorce Decree. Yes. Attached to Decree in Divorce as Exhibit "A." 5. (a) Date and manner of service of the Notice of Intention to File Praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(I)(i) of the Divorce Code: N/A (b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: July 8, 2002. Date defendant's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: July 8, 2002. Attached as Exhibit "B". METZGER, WICKERSHAM, KNAUSS & ERB, P.c. By ~ ~ ~ rj Vttl a~j( Mehssa L. VanEck, Esquire Attorney J.D. No. 85869 3211 N. Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneysfor Plaintiff David M Biggs Dated: July 3, 2002 Document #: 238048./ Exhibit A DAVID M. BIGGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, Defendant : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on August 9, 2001 and served upon Defendant on August 25, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: ~4/ dc;., . JQ~ "(~ David M. Biggs Document #: 226057./ DAVID M. BIGGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, Defendant : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 9, 2001 and served upon Defendant on August 25,2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: 7-1-09....... ~c., PAl' Meenakshi K. Biggs \ A\J~ -- Document #: 226057./ Exhibit B DAVID M. BIGGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, Defendant : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: ~A~ 4J...2~ ~ David M. Biggs Document #: 226057.1 DAVID M. BIGGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, Defendant : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. S 4904 relating to unsworn falsification to authorities. Date: 7-d. -OJ. ~J~' ~Meenakshi K. Biggs (A'~ Document #: 226057./ DAVID M. BIGGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4729 Civil Term MEENAKSm K. BIGGS, : CIVIL ACTION - LAW Defendant : ACTION IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~ rc{ day of July, 2002, I, Melissa L. Van Eck. Esquire, of Metzger, Wickersham, Knauss & Erb, attorneys for Plaintiff, David M. Biggs, hereby certifY that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.c. 1101 N. Front St. Harrisburg, PA 17102-3324 Attorney for Deftndant Meenakshi K Biggs METZGER, WICKERSHAM, KNAUSS & ERB Date: July~, 2002 ~ (j \!JA~L Melissa 1. Van Eck, Esquire Attomey Id. 85869 321 I North Front Street PO Box 5300 Harrisburg, P A 17110-0300 (717)238-8187 Attorneys for Plaintiff David M Biggs Document #: 238048./ , . DAVID M. BIGGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, Defendant : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 330 I (c) of the Divorce Code was filed on August 9, 2001 and served upon Defendant on August 25, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verity that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: ~/d../Od-, , AYJ 4-~ David M. Biggs Document #: 226057./ , . DAVID M. BIGGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, Defendant : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unswom falsification to authorities. Date: 7p;6~ I .4U4 ~ David M. Biggs Document #: 226057./ J &" . DAVID M. BIGGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, Defendant : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 9, 2001 and served upon Defendant on August 25, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unswom falsification to authorities. Date: 7-1- OtL.. ~~g; Meenakshi K. Biggs \ A ' Jljjx1 ---- Document #: 226057./ . -.. .. DAVID M. BIGGS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4729 Civil Term MEENAKSHI K. BIGGS, Defendant : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unswom falsification to authorities. Date: 7-J.. -0:1 ~cJv' ....Meenakshi K. Biggs (A'~ Document #: 226057./ .' ",. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DAVID M. BIGGS No. 01 - 4729 Civil Term VERSUS MEENAKSHI K. BIGGS DECREE IN DIVORCE AND NOW, :r~ ' 0 r4'1': i" A.~ . doO/ , IT IS ORDERED AND DECREED THAT DAVID M. BIGGS , PLAINTIFF, AND MEENAKSHI K. BIGGS , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. See Marital Settlement Agreement attached as Exhibit "A" to be incor orated but not rce decree. ATTESTt~~ PROTHONOTARY ,. J. 7.1{"'O~- M-~~~4~~ 7./~.();;) '71~ ~ &~~ - .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ])Qv,'J M. :B 1G,G;,s Plaintiff Vs FileNo. D 1-472'1 Civil Jen'Yl IN DIVORCE MH-ha)(Sh; k. :E iGi~..s Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I 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 KH A NlIJA July If) ,2002... , and gives this written notice avowing his I her intention pursuant to the provisions of 54 P.S. 704. Date: b -30 - 0,) ){ ;}.--->_L...1 ,; ~ ~ ~ ~ Signature k~J.t...:. Ic.~w>-- Signature of name being resumed COMMONW?!L TH OF PENNSYLVANIA COUNTY OF Illl4tdfLlWl>) On the ~~ day of .jU,.}E - ) ,2005, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he I 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. N'O'tary ublic ~ NOTARiAl SEAL "-1 PROTHONOTARY, NOTARY PUBUC . CARUSlJ CUMBERlAND COUN1Y COURT HOUSE I MY C ~MM/S~!~N EXPIRES JANUARY 2. 2006 ~ J.,;< ~,'lr/1'~ ~ 'l- :;1 Q ~ C ~ ~ ~eJ ~ o ~ Q, lC. 'B> ~ c... ~~ ilJ, \''\, ~ ~\~ ~.e '" 5 't]}.'EC",',, I;:) ~'~ QC' ?"!: '2~Q. ~ ,U -::::: :;:;.\ c::; .' ~ ~ ~ ~