HomeMy WebLinkAbout08-6596Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
(717)-249-2761
IN THE COURT OF COMMON PLEAS OF THE 9" JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
REGGIE K. BEAM
Plaintiff,
No, pg - (oag1, ?w t TP.rN?
V.
Civil Action - Divorce
JILL E. BEAM
Defendant
NOTICE TO DEFEND AND CLAIM OF 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.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES
OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE
RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NOTICE OF AVAILABILITY OF COUNSELING
THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE
AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE
FOLLOWING GROUNDS:
23 Pa.C.S. § 3301(a)(6) - Indignities
23 Pa.C.S. § 3301(c) - Irretrievable Breakdown; Mutual Consent
23 Pa.C.S. § 3301(d) - Irretrievable Breakdown; Two year separation where the court
determines that there is a reasonable prospect of reconciliation
A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Telephone: (717) 240-6194.
.TES
K/
Lee E. Oesterling, 71320
155 South Hanover Street
Carlsile, PA 17013
(717)241-6070
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
(717)-249-2761
IN THE COURT OF COMMON PLEAS OF THE 9* JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
REGGIE K. BEAM
Plaintiff,
. No. 0 S- L S 9L C-c.e?`-2 wr?
V.
JILL E. BEAM
Defendant
: Civil Action - Divorce
COMPLAINT UNDER SECTION
3301(C) OR 3301(D) OF THE DIVORCE CODE
1. Plaintiff is Reggie K. Beam, an adult individual, sui juris, who currently resides at 112 Yates
Street, City of Mt. Holly Springs, County of Cumberland, Commonwealth of Pennsylvania 17065.
2. Defendant is Jill E. Beam, an adult individual, sui juris who currently resides at
8 Jeffrey Road, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17050.
School House Apartments, #203 Simpson Ferry Road, City of Mechanicsburg, County of Cumberland,
Commonwealth of Pennsylvania 17055.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a
period of more than six (6) months immediately preceding the filing of this complaint.
4. The parties were married on the 17'' day of May 2003, County of Cumberland,
Commonwealth of 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 Relief Act of the Congress of 1940 and its
amendments.
6. There have been no prior actions for divorce or annulment instituted by either of the
parties in this or any other jurisdiction.
7. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that Plaintiff may have the
right to request that the court require the parties to participate in counseling.
10. Plaintiff intends to file an affidavit of consent after 90 days have elapsed from the date of service
of the Complaint and believes that defendant will also file such an affidavit.
COUNTI
REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE
11. The prior paragraphs of this Complaint are incorporated herein by reference thereto.
12. The marriage of the parties is irretrievably broken.
WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to §
3301(c) of the Divorce Code.
TES
Lee E. Oester i # 71
155 South Hanover Street
Carlsile, PA 17013
(717)241-6070
VERIFICATION
Lee E. Oesterling, Esquire, states that he is the attorney for, Plaintiff in this action; that he
makes this affidavit as attorney because he has sufficient knowledge or information and belief,
based upon his investigation of the matters averred or denied in the foregoing document; and that
this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn
falsification to authorities.
Date: //060
?c {}1 c? `--'
"TJ
96
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Reggie K. Beam,
Plaintiff
V.
Jill E. Beam,
Defendant
: IN THE COURT OF COMMON PLEAS OF THE
: 9th JUDICAL DISTRICT OF PENNSYLVANIA
: CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
NO. 08-6596 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby acceptservice of the Divorce Complaint on behalf of the Defendant, Jill
E. Beam, in the above-captioned action and I certify that I am authorized to do so.
Date: 1
A . Beam
FILED-OfflCE
OF THE P OTHION 7TARY
2809APR -9 PM 3= 12
ROMINGER & ASSOCIA'
155 SOUTH HANOVER S
CARLISLE, PA 17013
(717) 241-6070
IN THE COt
DISTRICT
REGGIE K. BEAM
Plaintiff
V.
JILL E. BEAM
Defendant
T OF COMMON PLEAS OF THE 9TH JUDICIAL
MBERLAND COUNTY, PENNSYLVANIA
No. 08-6596
Civil Action- Divorce
AFFIDAVIT OF CONSENT
1. A complaint in div rce under Section 3301 (c) of the Divorce Code was filed
on
2. The marriage of
elapsed from the date of filing
3. I consent to the er
entry of the decree.
I verify that the statements
herein are made subject to the
Date: 3114
intiff and defendant is irretrievably broken, and ninety (90) days have
l service of the Complaint.
of a final decree of divorce after service of notice of intention to request
in this affidavit are true and correct. I understand that false statements
ies of 18 Pa.C.S. §4904 relating to unworn falsification to authorities.
RE IE K. BEAM, Plaintiff
n 1.
RLEND FXE
OF THE PROTH MARY
2009 APR -9 PM 3: 10
NTY
FE-Ni lU N3
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
(717)-249-2761
IN THE COUR OF COMMON PLEAS OF THE 9TH JUDICIAL
DISTRICT UMBERLAND COUNTY, PENNSYLVANIA
REGGIE IC BEAM
Plaintiff
V.
JILL E. BEAM
Defendant
No. 08-6596
Civil Action- Divorce
WAIVER OF OTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECRE UNDER § 3301(c) OR § 3301(d) OF THE DIVORCE CODE
1. I consent to the en* 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 ill not be divorced until a divorce decree is entered by the Court and that a
copy of the decree will be sent me immediately after it is filed with the prothonotary.
I verify that the statements n
herein are made subject to the
authorities.
I
Date: 31/ /0 9
lade in this affidavit are true and correct. I understand that false statements
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to
REGGIE K. BEAM, Plaintiff
FILED-OFFICE
OF THE P ?M-C HONOTARY
2009 APR _9 Pit 3: 11
CUfrw=u 0 N TY
-jNf ?° ttt''r^
PE +NSYL,1?t'?IVA
ROMINGER & ASSOCIA'
155 SOUTH HANOVER S
CARLISLE, PA 17013
(717) 241-6070
IN THE COI
DISTRICT 4
REGGIE K. BEAM
Plaintiff
V.
JILL E. BEAM
Defendant
1. A complaint in
AFFIDAVIT OF CONSENT
on
2. The marriage of
elapsed from the date of filing
3. I consent to the
entry of the decree.
I verify that the statements
herein are made subject to the
Date:
T OF COMMON PLEAS OF THE 9TH JUDICIAL
MBERLAND COUNTY, PENNSYLVANIA
No. 08-6596
Civil Action- Divorce
under Section 3301 (c) of the Divorce Code was filed
intiff and defendant is irretrievably broken, and ninety (90) days have
l service of the Complaint.
of a final decree of divorce after service of notice of intention to request
in this affidavit are true and correct. I understand that false statements
ies of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
T-F JILL . EAM, Defe dant
BLED- or, Fc,
aE THE 4 ,y TH(NOTAR'Y
2009 APR -9 PM 3. 11
C U IM, My
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
(717)-249-2761
IN THE COUF
DISTRICT
REGGIE IC BEAM
Plaintiff
V.
JILL E. BEAM
Defendant
OF COMMON PLEAS OF THE 9TH JUDICIAL
JMBERLAND COUNTY, PENNSYLVANIA
No. 08-6596
Civil Action- Divorce
WAIVER OF OTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DEC "E UNDER § 3301(c) OR § 3301(d) OF THE DIVORCE CODE
1. I consent to the en#•y 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 ill not be divorced until a divorce decree is entered by the Court and that a
copy of the decree will be sent o me immediately after it is filed with the prothonotary.
I verify that the statements
herein are made subject to th
authorities.
Date:
lade in this affidavit are true and correct. I understand that false statements
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to
JILL E. Bl , Defendant
RQ-iXF'iCE
OF THE PROTHONOTARY
2009 APR _9 PM 3: 12
PENNSYLVANIA
SEPARATION AGREEMENT
This Agreement is made at Mechanicsburg, Pennsylvania, between
Jill E. Beam nee Adams, referred to as the "Wife," currently residing at 8 Jeffrey Road,
Mechanicsburg, Pennsylvania 17050 and Reggie Kay Beam, referred to as the "Husband,"
currently residing at 112 Yates Street. Mt Holly Springs Pennsylvania 17065 They are
collectively referred to as the "Parties."
ARTICLE I. RECITALS
Consideration
1.01. The consideration for this Agreement is the mutual benefit to be obtained by both Parties
and the mutual covenants and agreements of the Parties to each other.
Agreement Voluntary and Clearly Understood
1.02. Each Party to this Agreement acknowledges and declares that he or she, respectively:
(1) Is represented by counsel of his or her own choosing, or having been advised of the
opportunity to seek independent counsel has knowingly and voluntarily chosen not to seek said
counsel.
(2) Is fully and completely informed of the facts relating to the subject matter of this
Agreement and of the rights and liabilities of the Parties.
(3) Enters into this Agreement voluntarily after receiving the advice of counsel, if any.
(4) Has given careful and mature thought to the making of this Agreement.
(5) Has carefully read each provision of this Agreement.
(6) Fully and completely understands each provision of this Agreement, both as to subject
matter and legal effect.
Agreement Prepared Jointly by Both Parties
1.03. This Agreement has been prepared by the joint efforts of the respective attorney(s) for each
of the Parties.
Finality of Agreement
1.04. (a) This Agreement shall be submitted to the Court of Common Pleas in which the complaint
of the Parties for divorce is to be filed or is now pending for its approval. The Parties intend this
Agreement to be incorporated into and merged with the final divorce decree, and understand that
the provisions contained in this Agreement concerning spousal support, child support, custody of
children, and visitation are to be subject to the continuing jurisdiction of the Court of Common Pleas
. The Parties agree that these provisions may be modified at any time on application of either Party
on a showing of changed circumstances, and may be enforced in the manner of a divorce decree.
(b) Notwithstanding Paragraph 1.04(a), above, the Parties intend that the provisions governing the
settlement of their property rights contained in this Agreement, as approved by the Court, to be final
and nonmodifiable other than by subsequent agreement of the Parties; those provisions are intended
to survive any court order or decree of divorce, and are to be enforceable as the independent
contractual obligations of the Parties after the entry of any such order or decree.
Date of Marriage
1.05 The Parties were married on May 17, 2003, at Cumberland County, Pennsylvania, and
ever since that date have been, and are now, husband and wife.
Children of Parties
1.06. The names, sexes, and dates of birth of the child of this marriage are as follows: Zachary K.
Beam. Male. 01-16-07. The Parties have no other issue, living or deceased, and have no adopted
children.
Separation of Parties and Divorce Action
1.07. The Parties agree that grounds for their divorce from the bonds of matrimony currently exist,
and they are currently living separate and apart. A complaint for the divorce of the Parties will be
field in the Court of Common Pleas of Cumberland, County, Pennsylvania.
ARTICLE II. PURPOSES OF AGREEMENT AND EFFECTIVE DATE
Settlement of Property
2.01. It is the purpose and intent of this Agreement to settle forever and completely the interests and
obligations of the Parties in all property that they own separately, and all property that would qualify
as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e) and that is
referred to in this Agreement as "marital property," as between themselves, their heirs, and assigns.
The Parties have attempted to divide their marital property in a manner that conforms to a just and
fair standard, with due regard to the rights of each Party. The division is made in consideration of
the factors enumerated in 23 Pa.C.S. § 3502 (a)(1)-(11). The division of existing marital property is
not intended by the Parties to constitute in any way a sale or exchange of assets, and the division is
being effected without the introduction of outside funds or other property not constituting a part of
the marital estate.
Effective Date
2.02. This agreement shall become effective immediately as of the date of execution.
Agreement Contingent on Divorce
2.03. If the contemplated divorce is not granted within twenty four" months from the date on
which this Agreement is executed, the Agreement shall be null and void and of no further force and
effect.
Effect of Reconciliation
2.04. If after the divorce of the Parties is final, they reconcile and resume cohabitation, regardless of
whether they subsequently remarry each other, this Agreement shall remain in full force and effect.
ARTICLE III. DISCLOSURES
Warranty of Full Disclosure
3.01. Each Party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each Party
further represents that he or she has made a full and fair disclosure to the other of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each Party
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of marital property without the prior consent of the other. No representation or
warranty by either Party in this Agreement or in any writing furnished pursuant to this Agreement
contains any untrue statement of a material fact, or omits any material fact required to make the
statement not misleading.
Access to Tax Returns
3.02. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and
separate state and federal tax returns filed by or on behalf of either or both Parties during marriage.
Litigation
3.03. There are no actions or proceedings pending against either Party or involving any marital
property at law or in equity, or before any federal, state, municipal, or other governmental body.
Neither Party is aware of any facts that might result in any action, suit, or proceeding against either
Party or against any marital property. Neither Party is in default with respect to any order or decree
of any court or of any governmental body, and no marital property is liable for the payment of any
obligation by order or decree of any court or governmental body.
Tax Return Filings
3.04. All federal, state, and local tax returns required to be filed by the Parties have been filed, and all
federal, state, and local taxes required to be paid with respect to the periods covered by the returns
have been paid. Neither Party has been delinquent in the payment of any tax, assessment, or
governmental charge. Neither Party has had any tax deficiency proposed or assessed against him or
her, nor has executed any waiver of the statute of limitations on the assessment or collection of any
tax.
Title to Properties and Assets
3.05. All marital property, has good and marketable title. Except to the extent otherwise addressed
and provided for in this agreement, no marital property is subject to any mortgage, encumbrance, or
restriction.
ARTICLE IV. CONFIRMATION OF SEPARATE PROPERTY
AND SEPARATE DEBTS
Husband's Separate Property
4.01. The Parties confirm that the separate property in husband's possession on the effective date of
this agreement, at all times during the marriage was, and shall after divorce remain, the separate
property of Husband. The Parties further confirm that any income from and increases in value in
said separate property that accrued during marriage were solely due to reasons wholly independent
from any contribution made by Wife, and that this income and appreciation in value is the separate
property of Husband.
Wife's Separate Property
4.02. The Parties confirm that the separate property in wife's possession on the effective date of this
agreement, at all times during the marriage was, and shall after divorce remain, the separate property
of Wife. The Parties further confirm that any income from and increases in value in this separate
property that accrued during marriage were solely due to reasons wholly independent from any
contribution made by Husband, and that this income and appreciation in value is the separate
property of Wife.
4.03. Except as otherwise set forth in this agreement, each Party releases forever any claim to or
interest in the separate property of the other as set forth in this Article N, whether the interest
might arise incident to the marital relationship or otherwise.
Separate Debts of Husband
4.04. The Parties confirm that the following debts and obligations are, at all times during marriage
were, and after divorce shall remain, the separate debts of Husband: None
Separate Debts of Wife
4.05. The Parties confirm that the following debts and obligations are, at all times during marriage
were, and after marriage shall remain, the separate debts of Wife: None
Indemnity for Separate Debts
4.06. Each Party agrees to pay his or her separate debts as set forth in Paragraphs 4.04 and 4.05 of
this Agreement. Each agrees to hold the other harmless from any and all liability on account of these
separate debts and obligations. If any claim, action, or proceeding seeking to hold the other Party
liable on account of these debts and obligations is instituted, the responsible Party will at his or her
sole expense defend the other Party, and indemnify the other Party against any loss that he or she
incurs as a result of the claim, action, or proceeding.
Release of Interest in After-Acquired Property
4.07. All property, income, earnings, and assets acquired by either Party subsequent to the effective
date of this Agreement shall be the separate property of the owner Party, and each Party specifically
releases any interest in the separate property of the other.
Exemption From Equitable Distribution
4.08. Except as otherwise set forth in this Article concerning appreciation in value of separate
property during marriage, the Parties acknowledge that the existence of and value of all separate
property and the existence of and amount of all separate debts as set forth in this Article were not
considered in deter it+;ng the division of the marital property of the Parties as set forth in Article V
of this Agreement or the allocation of the joint debts of the Parties as set forth in Article VI.
ARTICLE V. DIVISION OF MARITAL PROPERTY
Marital Property
5.01. All marital property of the Parties subject to division in this Article is set forth herein all other
property Real or Personal shall remain with the party in the possession at the effective date of this
Agreement.
Property to Wife
5.02. Upon refinance Wife shall receive from the marital property, to own and enjoy as her separate
property, the following described properties, rights, and interests: Marital Residence situate at 8
Jeffrey Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. Said transfer shall
be by quitclaim deed from Husband to Wife in Fee Simple Absolute for $1.00 consideration.
Property to Husband
5.03. Husband shall receive from the marital property, to own and enjoy as his separate property,
the following described properties, rights, and interests: All property currently in Husband's
possession: 2001 Chevy Tahoe and 1998 B and Z Sportsman Trailer.
Sale of Property
5.04. The following property shall be sold as soon as possible and the proceeds from the sale, after
payment of all liens, encumbrances, and costs of sale, shall be divided equally between the Parties:
None.
Assumption of Encumbrances and Indemnity
5.05. Each Party assumes all encumbrances and liens on all of the property transferred to him or her
pursuant to this Agreement as specified below. Each Party agrees to indemnify and hold the other
Party harmless from any claim or liability that the other Party may incur because of any
encumbrances or liens. Furthermore, Wife agrees that she will refinance the property within eighteen
(18) months of the effective date of this agreement to remove Husband's name from any existing
mortgage obligation. If any claim, action, or proceeding seeking to hold the other Party liable on
account of any lien or encumbrance is instituted, the responsible Party will at his or her sole
expense defend the other Party, and indemnify the other Party against any loss that he or she incurs
as a result of the claim, action, or proceeding.
Encumbrances Assumed by Husband
Property Lienholder
2001 Chevy Tahoe PSECU
Encumbrances Assumed by Wife
Property Lienholder
Marital Residence Countrywide Mortgage
National City Bank
Amount
$8,000.00
Amount
$ 76,000.00
$ -17,000.00
Property Insurance
5.06. All insurance on property transferred pursuant to this Agreement is assigned to the Party
receiving the property, and payment of the insurance premiums from this date on shall be the sole
responsibility of the Party to whom the insurance is assigned.
ARTICLE VI. PAYMENT OF DEBTS AND OBLIGATIONS
Joint Debts
6.01. All joint debts and obligations of the Parties subject to division in this Article are set forth in
Artcle V of this Agreement and incorporated by reference.
Debts to Be Paid
6.02. The following unsecured debts shall be paid as follows: The parties joint credit card balances as
of the time of this Agreement shall be divided equally with each party responsible to pay their
respective share and any interest thereon until said debt is paid in full.
Assumptions by Husband
6.03. Husband agrees to pay and to hold Wife harmless on the following debts and obligations:
Debt for 2001 Chevy Tahoe If any claim or action is initiated seeking to hold Wife liable for any
of these debts or obligations, Husband will, at his sole expense, defend Wife against the claim or
action, and indemnify her against any loss resulting from the proceeding.
Assumptions by Wife
6.04. Wife agrees to pay and to hold Husband harmless on the following debts and obligations:
Mortgage on Marital Residence. If any claim or action is initiated seeking to hold Husband liable
for these debts or obligations, Wife will, at her sole expense, defend Husband against the claim or
action, and indemnify him against any loss resulting from the proceeding. It is further agreed by the
parties that Wife shall refinance the property in her name only, no later than six (6) months from the
entry of a Decree in Divorce. At time of refinance, Husband shall execute a quitclaim deed in favor
of Wife as owner in fee simple absolute.
Subsequent Debts
6.05. Each Party agrees to pay and to hold the other Party harmless from any and all personal debts
and obligations incurred by him or her from the date of this Agreement. If any claim, action, or
proceeding seeking to hold the other Party liable on account of any future debt or obligation is
instituted, the responsible Party will at his or her sole expense defend the other Party against it, and
indemnify the other Party against any loss that he or she incurs as a result of the claim, action, or
proceeding.
ARTICLE VII. SPOUSAL SUPPORT
Purpose and Intent of Article
7.01. It is the mutual desire of the Parties that both shall waive any interest in spousal support,
alimony, alimony pendente lite from the other parry.
ARTICLE VIII. CUSTODY AND VISITATION OF CHILDREN
Custody
8.01. The Parties have given serious consideration to the future welfare of their child and agree,
subject to the further order of the Court of Common Pleas, that Husband and Wife shall share legal
and physical custody and control of the minor child of the marriage in accordance with the
following schedule:
Visitation/ Partial Custody
8.02. Wife shall primary custody and all periods of custody not otherwise specified to Husband
herein. Husband shall have reasonable rights to partial custody including any modification to which
the parties shall mutually agree, which rich rights shall be as follows:
(a) Husband shall be entitled to exercise partial custody on Mondays and Thursdays from 4:00 p.m.
to 7:00 p.m. and alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and
any other times as the parties may from time to time mutually agree upon taking into
consideration their respective work schedules.
(b) The parties shall address holiday visitation by mutual agreement. By history this has been Father
having child the day before the holiday and Mother having the holiday itself. Regarding
Summer Vacation, (between June 1 and August 3181 until the child reaches school age
and thereafter between the last day of school and the day school resumes), in year 2009
and 2010, Mother shall have the 2nd and 3rd Weekends in August and Father (upon 30
days written notice to mother), shall have two 4 day weekends from Thursday at 6:30
p.m. to Sunday at 6:00 p.m. Starting in year 2011, each party shall have 2 weeks of either
consecutive or non consecutive but uninterrupted custody of the child upon 30 days
advance written notice to the other party. In any event the vacation schedule takes
precedence over the regular custodial schedule.
Expenses
8.03. During all periods of visitation, Husband shall assume all expenses for the child's support and
maintenance. There shall be no reduction in the amount of child support payable by Husband
under the provisions of Article IX of this Agreement during these times.
No Waiver
8.04. Should Husband be unable to exercise visitation on any particular occasion, he shall notify
Wife a reasonable amount of time before the time for visitation. Any inability or other failure to
exercise visitation shall not be considered a waiver of any right to visitation as set forth in this
article. However, should Husband regularly fail to exercise visitation rights during any period, he
shall give reasonable notice before again exercising visitation rights during that period. In the
absence of this notice, Wife shall not be obligated to permit the visitation.
ARTICLE IX. CHILD SUPPORT
Regular Payments
9.01. Husband shall pay to Wife for the support, maintenance, and education of their minor children,
the sum of $ 725.00 each month for minor child. These payments shall be made in weekly
installments every Friday, commencing on the commencement date. The Parties agree that this
amount is reasonable and sufficient for the needs of the child and is based on the financial ability of
Husband to pay support. The obligation of Husband to make these payments shall terminate as to
each child who dies, reaches the age of majority defined as eighteen (18) years, is married, or is
otherwise emancipated, whichever of these events occurs first. The parties understand that the
payment herein was calculated in accordance with the Pennsylvania Support guidelines.
Medical and Dental Insurance
9.02. During any period of employment of either Party for which benefits in the form of medical,
dental, or other health insurance are provided, the employed Parry, or both Parties if both are so
employed, shall maintain the child of the marriage as covered dependent under the insurance
program. Should there be at any time no insurance providing coverage to the child, Husband shall
obtain and maintain in full force and effect a policy of medical insurance for the child.
Uninsured Medical and Dental Expenses
9.03. Husband shall pay guideline share of medical, dental, surgical, and hospital expenses not
covered by insurance for all services rendered to each child in any calendar year. Wife shall be
responsible for all expenses up to the first $250.00 per calendar year. Wife shall promptly forward
all statements and bills to Husband for payment in accordance with the obligation as defined in this
Paragraph. Payment is to be made by Husband directly to the physician, dentist, surgeon, or medical
facility that has rendered health care to any minor child. Payments under this section shall terminate
as to each child who attains the age of majority defined as 18 years, marries, or is otherwise
emancipated, whichever of these events occurs first.
Private or College Education
9.04: The Parties agree that each shall, maintain the ability to determine on as needed basis their
respective contribution to the college education of their child.
Survival of Obligation
9.05. The Parties agree that the obligation of Husband under this Article shall survive his death and
shall constitute a charge on his estate.
Dependency Exemption
9.06. The Parties agree that Wife shall be entitled to take all dependency exemptions for taxable
years commencing after January 1, 2009 under Internal Revenue Code Sections 151 and 152 on
Zachary Kay Beam DOB: 1-16-07.
ARTICLE X. TAXES OF HUSBAND AND WIFE
Tax Deficiencies and Refunds for Prior Years
10.01. It is agreed that Husband and Wife shall be solely liable for and shall pay any and all
deficiencies in state and federal income taxes, including penalties and interest, related to the joint
income tax returns of the Parties for all years prior to 2008, and shall be entitled to any refund due
the Parties for those years.
10.02. Each Party shall file a separate return for the year 2009 and shall be solely responsible for the
payment of his or her own taxes as reflected by the tax returns. Each Party agrees to continue to
make all books, records, tax returns, journals, ledgers, and any other bookkeeping or financial
information of any nature available to the other at any time after the judgment of divorce. Each
Party shall be allowed to consult with the accountants or tax counsel of the other for the purpose of
gathering any information necessary for the preparation and filing of any tax return. The Parties
agree that, to the extent permitted by law, all deductions and tax credits for 2008 that accrued during
the existence of the marriage shall be divided equally between them on their state and federal income
tax returns.
Tax on Dispositions
10.03. Each Party agrees to bear his or her respective share of the income tax consequences resulting
from the sale or disposition of property to third parties pursuant to this Agreement.
ARTICLE XI. FEES AND COSTS
Attorneys' Fees and Other Costs
11.01. Except as provided in Paragraph 11.01, Husband shall be liable for any costs or fees in
connection with the negotiation, preparation, and execution of this Agreement and in connection
with any action initiated by either Party for the purpose of obtaining a decree of divorce of the
Parties.
ARTICLE XII. GENERAL PROVISIONS
Release of All Claims
12.01. Except as specifically set forth in this Agreement, each Party to this Agreement releases the
other from all claims, liabilities, debts, obligations, and causes of action that have been incurred
during the marriage between the Parties.
General Duty to Indemnify
12.02. Each Party represents and warrants to the other that he or she has not incurred any debt,
obligation, or other liability, other than those described in this Agreement, on which the other Party
is or may be liable. Each Party covenants that if any claim, action, or proceeding is initiated seeking
to hold the other Party liable for any debt, obligation, liability, act, or omission related to the
marriage of the Parties for which that Party is responsible under the terms of this Agreement, the
responsible Party will, at his or her sole expense, defend the other against the claim or action. In
addition, each Party covenants that he or she will indemnify and hold harmless the other Party with
respect to all damages resulting from the proceeding.
Damages, as used in this Agreement, shall include any loss, cost, or other liability without limitation
that results from the prosecution of any claim, action, or demand. Damages shall also include
reasonable attorneys' fees and other expenses incurred in the investigation or in the attempt to avoid
the litigation or in enforcing any indemnity. In addition, the damages must result from any
inaccurate representation made by or on behalf of either Party to the other in or pursuant to this
Agreement, or from a breach of any of the covenants, promises, or obligations made by or incurred
by either Party in or pursuant to this Agreement. Each Party agrees to give the other prompt
written notice of any demand, claim, or litigation that is threatened or instituted against him or her
and that might constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph.
Credit Cards and Accounts
12.03. All existing charge accounts and credit cards in the names of Husband and Wife, or in the
name of either of them under which the other may be extended credit for purchases, shall be closed
or surrendered to their issuer as of the effective date of this Agreement.
Right to Live Separately and Free From Interference
12.04. The Parties shall live separate and apart from each other, and neither Party shall interfere
with the other Party in any respect. Each Party may carry on and engage in any employment or
other activity as he or she may deem desirable for his or her sole use and benefit. Neither Party shall
interfere with the use, ownership, or disposition of any property now owned or subsequently
acquired by the other.
Acts Prior to Entry of Divorce Decree
12.05. Each Party agrees that from the date of execution of this Agreement through the date of
entry of the divorce decree neither will dispose of any marital property other than in the ordinary
course of business, without the written consent of the other. Neither shall enter into any transaction
or perform any act that would constitute a breach of the representations, warranties, or promises
contained in this Agreement. Each Party will afford to the other or their representative, reasonable
access, during normal business hours, to the books and records of all marital property, and will
cooperate in their examination. No examination, however, shall constitute a waiver or
relinquishment by either of the right to rely on the covenants, representations, and warranties of the
other as provided in this Agreement. Each agrees to hold in confidence all information so obtained,
and any document or instrument obtained pursuant to this Paragraph shall be held on an express
trust for and on behalf of the other.
Nature and Survival of Representations and Warranties
12.06. All statements of fact contained in any document delivered by either Party to the other for
information or reliance pursuant to this Agreement shall be considered representations and
warranties under this Agreement. All representations and warranties of the Parties shall survive the
entry of the divorce decree.
Records of Marital Property
12.07. The parties agree that there will be no need to maintain financial records for review of the
other party beyond the execution of this agreement..
Waiver of Rights to Other Party's Estate
12.08. Each Party waives any and all of the following rights:
(1) To inherit any part of the estate of the other at his or her death.
(2) To receive property from the estate of the other by bequest or devise, except under a will
or codicil dated subsequent to the effective date of this Agreement.
(3) To act as a personal representative of the estate of the other on intestacy.
(4) To act as an executor under the will of the other, unless nominated by a will or codicil
dated subsequent to the effective date of this Agreement.
Manner of Payments and Notice
12.09. All payments and notices provided for in this Agreement shall be considered properly and
timely made if deposited in the United States mail in an envelope bearing adequate postage and
addressed to the recipient at the address specified in this Agreement, or at any other address that
may be designated in writing, on or before the date provided for in this Agreement.
Execution of Other Documents
12.10. Each of the Parties shall on demand execute and deliver any document and do any act that
may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either
Party fails on demand to comply with this provision, that Party shall pay to the other all attorneys'
fees, costs, and other expenses reasonably incurred as a result of the failure.
No Other Agreements
12.11. This Agreement supersedes any and all other agreements between the Parties, either oral or
written, that relate to the.rights and liabilities arising out of the marriage. This Agreement
constitutes the entire agreement of the Parties.
Partial Invalidity
12.12. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions shall continue in full force and effect without
being impaired or invalidated.
Waiver of Breach
12.13. The waiver by one Party of any breach of this Agreement by the other Party shall not be
deemed a waiver of any other provision of this Agreement or of any subsequent breach of the same
provision.
Amendment or Modification
12.14. Prior to the entry of the divorce decree incorporating this Agreement, this Agreement may be
amended or modified only by a written instrument signed by both Parties. Once the Agreement has
been incorporated into the divorce decree, it may only be amended or modified on application to
the Court of Common Pleas, which retains continuing jurisdiction over the matters in the divorce
decree.
Successors and Assigns
12.15. This Agreement, except as it otherwise expressly provides, shall be binding on and shall inure
to the benefit of the legatees, devisees, heirs, executors, administrators, assigns, and successors in
interest of the Parties.
Specific Performance
12.16. This Agreement may be enforced by an action for specific performance.
Law Governing Agreement
12.17. This Agreement shall be governed by, and shall be construed in accordance with, the laws of
the Commonwealth of Pennsylvania.
Enforcement
12.18 The parties agree that any action necessary by either party to enforce their rights under this
agreement against the other shall be filed before the Court of Common Pleas of Cumberland County
Pennsylvania, and, regardless of where any divorce action between them is concluded, both parties
hereby stipulate to the jurisdiction and venue of the Court of Common Pleas of Cumberland County,
Pennsylvania, for purposes of interpretation or enforcement of this agreement.
In witness of this Agreement, the Parties set their hands and affix their seals on the date and year
written above, with the intent to be legally bound.
? S
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t [SEAL ]
Jill -
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Reggi y Beam
Acknowledgment
Commonwealth of Pennsylvania
County of j"
I certify that on 10 ZD/° ?"
fY ,before me, the undersigned, personally appeared Reggie Kay
Beam and Jill eam known to me or satisfactorily proven to be the persons whose names
are subscribed to the foregoing instrument, and acknowledged that they executed the instrument for
the purposes expressed in the instrument.
In witne to which I set my hand and official seal.
CommgmwAL1fw t91 %NN@'I LVANIA
Noteriai Sal
Roberti. Rem, NoUry Public
Notary Public SINer Spring Twp., Cum,**" County
r pennSyNa je Aug.10.
My Commission Expires: ?
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F11 FD - vFICE
NIOTARY
2039 JUl. --2 P t 1 3: u4
GG? _ I
Law Offices of Rominger and Associates
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT,
CUMBERLAND COUNTY, PENNSYLVANIA .
REGGIE K. BEAM
Plaintiff,
No. 008-6596 Civil Term
V.
: Civil Action - Divorce
JILL E. BEAM
Defendant
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 for divorce: irretrievable breakdown under Section (z) 3301(c) ( ) 3301(d)(1) of the
Divorce Code. (Check applicable section).
2. Date and manner of service of the complaint: Service on November 17, 2008 via Acceptance of
Service signed by defendant
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by
plaintiff March 11, 2009 by defendant March 11, 2009.
(b) (1) Date of execution of the plaintiffs affidavit required by Section 3301 (d) of the Divorce Code:
N/A ; (2) date of service of the Plaintiffs affidavit upon the Defendant: N/A .
r ?
4. Related claims pending: All claims settled by Marital Settlement Agreement to be
incorporated in Divorce Decree
5. Complete either (a) or (b):
(a) Date and manner of service of the notice of intention to file praecipe a copy of which is
attached:
(b) Date Plaintiff s Waiver of Notice was filed with the Prothonotary: April 9, 2009
Date Defendant's Waiver of Notice was filed with the Prothonotary: April 9, 2009
Lee E. es quire
Attorney I.D. #71320
Attorney for Plaintiff
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
OF -1c?C
"" JUL _? P" 3:
-UNTY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
REGGIE K. BEAM
V.
JILL E. BEAM
NO. 08-6596
DIVORCE DECREE
a 4•00(0P.O" .
AND NOW, TJx ? , ddDy , it is ordered and decreed that
REGGIE K. BEAM plaintiff, and
JILL E. BEAM , 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.")
All claims Settled by Agreement of the Parties on October 20, 2008 of which the Original is
attached hereto and Incorporated by reference.
the Court,
Attest: J.
rothonotary
7- e9?1 & -s-?
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