HomeMy WebLinkAbout01-4732IN THE COURT OF COMMON PLEAS OF
BRIAN B. BEAM, )
Plaintiff )
)
v. )
)
JENNIFER A. BEAM, )
Defendant )
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- ~/'7~,,9,_ CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed ~vithout 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 Plaintifl: You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania
17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 240-6200
AMERICANS WiTH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BRIAN B. BEAM, )
Plaintiff )
)
v. )
)
JENNIFER A. BEAM, )
Defendant )
NO. 2001- tJ73o~ CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes Plaintiff, Brian B. Beam, by and through his counsel, Howett,
Kissinger & Conley, P.C., who states the following in support of the within Complaint:
1. Plaintiff is Brian B. Beam, an adult individual who currently resides at
5247 Terrace Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
2. Defendant is Jennifer A. Beam, an adult individual who currently resides
at 272 Barrow Lane, York, York County, Pennsylvania, 17403.
3. Both the Plaintiff and the Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding
the filing of this Complaint.
4. Plaintiff and Defendant were married on October 14, 1995 in
Mechanicsburg, Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or naval service of the
United States of 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 of the marriage
instituted by either of the parties in this or any other jurisdiction.
7. 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 counseling.
8. The marriage of the parties is irretrievably broken.
9. The parties have lived separate and apart since in or about August 9, 2000.
10. Plaintiff requests the court to enter a decree of divorce.
Respectfully submitted,
HOWETT, KISS1NGER & CONLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff Brian B. Beam
VERIFICATION
I, Brian B. Beam, hereby swear and affirm that the facts contained in the foregoing
Otnmp] ~ nt in Divorce are tree and
correct to the best of my knowledge, information and belief and are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unswom falsification to authorities.
r)ate: 8/?/0~ ~,_,;~,.-~ X5
BRIAN B. BEAM
.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BRIAN B. BEAM, )
Plaintiff )
)
v. )
)
JENNIFER A. BEAM, )
Defendant )
NO. 2001-4732 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
.PRAECIPE
TO THE PROTHONOTARY:
Please reinstate the Complaint in Divorce filed with this Court on August 9, 2001.
Date:
Respectfully submitted,
~l~en J. Holst~squt~e
HOWETT, KI$SINGER & CONLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for PlaintiffBrian B. Beam
HOWETT, KISSINGER & CONLEY, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HAI~SB~O, P~YLV^~4~A 17108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BRIAN B. BEAM, )
PlaintilT )
)
v. )
)
JENNIFER A. BEAM, )
Defendant )
NO. 2001-4732 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
Darren J. Holst, being duly sworn according to law, deposes and says that hc is an
attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 14~'
day of September, 2001, he sent the original of the attached letter, with which was encloscd a
certified, time-stamped copy of the Complaint in Divorce in the above-captioncd matter, properly
endorsed, to the Defendant, Jennifer A. Beam, by certified mail, postage prepaid, return receipt
requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 272 Barrow Lane, York, PA,
17403, the Defendant's last known address, and that the return receipt card which was signed by
Jennifer A. Beam, marked as having been delivered to her on September 22, 2001, is attached
hereto and made a part hereof.
/'Darren J. Hol~t, Esquire
HOWETT, KISSiNGER & CONLEY, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff Brian B. Beam
SWORN TO AND SUBSCRIBED
,before me this 25a' day of September, 2001.
)Notary Publ~ic
JOHN C. HOWE'I'T, JR.
DONALD T. KISSINGER
CINDy S. CONLEY
DARREN $. HOLST
DEBRA M, SHIMP
Le~nl A~sistant
HOWETT, KISSINGER & CONLEY, P.C.'
130 WALNUT STR.EET
PO~T OFF~CE BOX 810
I~, l~v.o~. 17108
September 14, 2001
C
(717) 234-2616
FAX (7! 7) 234-.~02
VIA CERTIFIED M/IIL
.'lArD REGUL,,IR MAIL
Ms. Jennifer A. Beam
272 Barrow Lane
York, PA 17403
Re: ,.Beam v. Beam
Dear Jennifer:
I write on behalf of your husband, Brian B. Beam. /n accordance with the parties'
Marital Settlement Agreement, which was recently executed by you and Brian, Brian has
initiated a no-fault divorce action with the Court of Common Pleas of Cumberland County.
Enclosed, constituting service upon, please find a certified true and correct copy of the
Divorce Complaint. Under the Pennsylvania Divorce Code, the parties must wait ninety days
after service of the complaint before executing affidavits of consent to the entry of a divorce
decree. Upon the expiration of said ninety days, I will forward an affidavit of consent and waiver
of notice of intention to request entry of divorce decree for you to sign and date and return to our
office. Thereafter, our office will finalize the divorce on behalf of Brian.
Please feel free to give me a call on this mat~er. If, subsequent to the execution of the
Marital Settlement Agreement, you have retained counsel, please forward a copy of this
complaint to counsel and ask him or her to give me a call on th~s matter.
DJH/djk
Enclosure
ce: Brian B. Beam (w/encl)
Sincerely,
Darren J. Hoist
Name (PLease Print Clearly) (to be completed by mailer)
.~:_...~e= A. ~
'E~.'~,'~' .........................................................................
MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
BRIAN B. BEAM
AND
JENNIFER A. BEAM
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made this Q~ay of ~-~) ~ ,2001, by
and between BRIAN B. BEAM, of Cumberland County, Pennsylvania, and JENNIFER A.
BEAM, of York County, Pennsylvania;
WITNESSETH:
WHEREAS, Brian B. Beam (hereinafter referred to as "Husband"), social security
number 190-54-4185, was born on January 2, 1970, and currently resides at 5247 Terrace Road,
Mechanicsburg, Cumberland County, Pennsylvania 17050;
VffHEREAS, Jennifer A. Beam (hereinafter referred to as "Wife"), social security number
~t~ Climb ~f , was bom on September 15, 1974, and currently resides at
~,'"~f~ [~t:~ f2~'.~(~_') ~f~ ~" , York County, Pennsylvania
WItEREAS, the parties hereto are husband and wife, having been lawfully married on
October 14, 1995 in Mechanicsburg, Pennsylvania;
WHEREAS, the parties have lived separate and apart since on or about August 9, 2000;
WItEREAS, one child was born of the marriage between the parties, namely Hannah C.
Beam, age 4, bom March 26, 1997;
WItEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
the suppol~ and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. Each party acknowledges that he or she has
had the opportunity to receive independent legal advice from counsel of his or her selection
(Darren J. Hoist, Esquire for Husband). Wife had been advised of the ability to obtain
independent counsel to review this Agreement. Fully knowing same, Wife is desirous of
proceeding with executing this Agreement without retaining independent counsel. Each party
fully understands the facts and his or her legal rights and obligations, and each party
acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable,
and that it is being entered into freely and voluntarily, and that the execution of this Agreement is
not the result of any duress or undue influence, and that it is not the result of any improper or
illegal agreement or agreements. In addition, each party understands the impact of the
Pennsylvania Divorce Code, whereby the court has the right and duty to deternfine all marital
rights of the parties including divorce, alimony, alimonypendente lite, equitable distribution of
all marital property or property owned or possessed individually by the other, counsel fees and
costs of litigation and, fully knowing the same, each party hereto still desires to execute this
Agreement, acknowledging that the terms and conditions set forth herein are fair, just and
equitable to each of the parties, and waives his and her respective right to have the Court of
Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any
determination or order affecting the respective parties' rights to alimony, alimony pendente lite,
support and maintenance, equitable distribution, counsel fees and costs of litigation.
2
2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges
that he or she is aware of his or her right to seek discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or
the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or
she has had the opportunity to discuss with counsel the concept of marital property under
Pennsylvania law and each is aware of his or her right to have the real and/or personal property,
estate and assets, earnings and income of the other assessed or evaluated by the courts of this
commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge
that there has been full and fair disclosure to the other of his or her respective income, assets and
liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that
any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is
hereby specifically waived, and the parties do not wish to make or append hereto any fu~er
enumeration or statement. Each party warrants that he or she is not aware of any marital asset
which is not identified in this Agreement. The parties hereby acknowledge and agree that the
division of assets as set forth in this Agreement is fair, reasonable and equitable, and is
satisfactory to them. Each of the parties hereto further covenants and agrees for himself and
herself and his or her heirs, executors, administrators or assigns, that he or she will never at any
time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any
action of contention, direct or indirect, and allege therein that there was a denial of any rights to
full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to
have available full, proper and independent representation by legal counsel.
3. PERSONAL RIGHTS. Husband and Wife may, at ail times hereafter,
live separate and apart. Each shall be free from ail control, restraint, interference and authority,
direct or indirect, by the other. Each may reside at such place or places as hc or she may select.
Each may, for his or her separate use or benefit, conduct, carry on or engage in any business,
occupation, profession or employment which to him or her may seem advisable. Husband and
Wife shall not molest, harass, disturb or malign each other or thc respective families of each
other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereafter acquired by the other.
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and
the parties agree, that by this Agreement they have resolved all ancillary economic issues related
to the dissolution of their marriage and thus any divorce action with respect to these parties shall
be limited to a claim for no-fault divorce only. The parties agree that, contemporaneously with
the execution of this Agreement, Husband shall initiate a divorce action under the no-fault
provisions of the Divorce Code by filing a complaint in the Court of Common Pleas of
Cumberland County. Once the ninety (90) day waiting period provided for under §3301(c) of the
Divorce Code has expired, each party will sign an Affidavit of Consent to divorce and Waiver of
Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Husband,
who shall promptly submit said affidavits and waiver to the court, along with a Praecipe to
Transmit Record, Vital Statistic Form, and any and all other documents necessary to precipitate
the prompt entry of a divorce decree. It is in the intention of the parties to obtain a decree as
soon as possible after executing this Agreement.
5. EQUITABLE DISTRIBUTION.
(a) Marital Residence. The parties acknowledge that they are the
titled owners, as tenants by the entireties, of that certain house and lot and all improvements
thereupon situated at 5247 Terrace Road, Mechanicsburg, Cumberland County, Pennsylvania
(hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to
the Marital Residence:
(1) Husband shall become the sole and exclusive owner of the
Marital Residence and shall be permitted to take any action with respect thereto that he deems
appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future
right, title, claim and interest she may have in and to the Marital Residence. Wife shall, at
Husband's request, execute a deed transferring all of her right, title and interest in the Marital
Residence to Husband.
(2) Wife agrees that as the date of execution of this Agreement,
any and all title policies and any other policies of insurance with respect to the Marital Residence
shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall
be entitled to receive any payments now or hereafter due under any such insurance policies.
(3) Commencing on the execution date of this Agreement,
Husband shall be solely responsible for all costs, expenses and liabilities associated with or
attributable to the Marital Residence, including, but not limited to, any mortgages, any and all
home equity loans or lines of credit, taxes, insurance premiums, utilities, including the
outstanding Agway & Verizon bills, maintenance and repairs, and Husband shall keep Wife and
her successors, assigns, heirs, executors and administrators indemnified and held harmless from
any liability, cost or expense, including actual attorneys fees, which may be incurred in
5
connection with such liabilities and expenses or resulting from Wife's ownership interest in the
Marital Residence. Notwithstanding the foregoing, the parties agree that Wife shall be solely
responsible for the outstanding obligation to Comcast Cable, account #0501214-02, in the
approximate amount of $531.00 Wife agrees to indemnify Husband and keep him and his
successors, assigns, heirs, executors and administrators held harmless from any liability, cost or
expense arising from the Comcast Cable obligation, including actual attorneys' fees, which may
be incurred in connection with the Comcast Cable liability. Moreover, Husband shall, within
sixty (60) days of the date of the execution of this Agreement, take all steps necessary to apply
with the current mortgage holder of the mortgage associated with the Marital Residence to have
Wife's name released from any liability thereto. Should the mortgage holder deny said
application, Husband shall reapply to remove Wife from liability associated with the mortgage
every six months thereafter until such time as the mortgage holder approves said application.
(b) Furnishings and Personalt3'.
(1) The parties agree that they have divided by agreement
between themselves all furnishings and personalty located in the Marital Residence, including all
furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment.
(2) Husband shall retain, as his sole and separate property, free
of any and all right, title, claim or interest of Wife, all of the personalty and furnishings
remaining in the Marital Residence.
(3) Wife shall retain, as her sole and separate property, free of
any and all right, title, claim or interest of Husband, all of the personalty and furnishings
currently in her possession.
(e) Motor Vehicles.
(1) Husband agrees that Wife shall retain possession of and
receive as her sole and separate property the 1997 Honda Civic automobile currently titled in
Wife's sole name, along with all rights under any insurance policies thereon and with all
responsibility for payment of any outstanding indebtedness pertaining thereto and insurance
thereon, f~ee of any and all right, title, claim or interest of Husband. Wife shall indemnify and
hold Husband and his property harmless from any and all liability, cost or expense, including
actual attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this
subparagraph.
(2) Wife agrees that Husband shall retain possession of and
receive as his sole and separate property the 1989 Jeep Cherokee automobile, currently titled in
the joint names of the parties, along with all rights under any insurance policies thereon and with
all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance
thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and
hold Wife and her property harmless from any and all liability, cost or expense, including actual
attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this
subparagraph.
(3) The parties agree that they will cooperate in effectuating
the transfer of titles and insurance to accomplish the purposes of this subparagraph.
(d) Life Insurance.
The parties acknowledge and agree that each shall retain as his/her
sole and separate property, any and all life insurance policies in his/her name, f~ee of any right,
title and interest of the other party.
7
(e) Pension and Retirement Benefits. Wife and Husband each
hereby specifically releases and waives any and all right, title, claim or interest that he or she
may have in and to any and all retirement benefits (including but not limited to pension or profit
sharing benefits, deferred compensation plans, 401 (k) plans, employee savings and thriR plans,
individual retirement accounts or other similar benefits) of the other party, specifically to include
a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties
agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar
act that may be required from time to time to accomplish the purposes of this subparagraph.
(0 Miscellaneous Property. As of the execution date of this
Agreement, any and all property not specifically addressed herein shall be owned by thc party to
whom the property is titled; if untitled, the party in possession. This Agreement shall constitute
a sufficient bill of sale to evidence thc transfer of any and all rights in such property from each to
the other.
(g) Property_ to Wife. The parties agree that Wife shall own, possess,
and enjoy, free from any claim of Husband, the property awarded to her by the te.~s of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from
Husband to Wife..
(h) Property to Husband. The parties agree that Husband shall own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and
8
waives and relinquishes any and all rights thereto, together with any insurance policies coveting
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to
Husband.
(i) Assumption of Encumbrances.
(1) The parties agree that Husband shall be solely responsible
for any and all liabilities he has incurred in his name alone since the date of separation,
specifically to include any obligations to issuers of credit cards in his name. The parties further
agree that Husband shall be solely responsible for the following joint obligations:
(i) Outstanding daycare costs owed to Mechanicsburg
Learning Center in the approximate amount of One Hundred Eighty One Dollars and Eighty
Cents ($181.80);
(ii) The Circuit City credit card, which has a current
balance of approximately Two Thousand Two Hundred Ten Dollars and Fifty Nine Cents
($2,210.59), payable to First North American National Bank.
(iii) The parties' jointly titled First U.S.A. Visa credit
card, which has a current balance of approximately Seven Thousand Two Hundred Eighty Seven
Dollars and Thirty Seven Cents ($7,287.37).
Husband agrees to be solely responsible for payment of said debts and agrees to
indemnify and hold Wife and her property harmless from any liability, cost or expense associated
therewith. Husband shall take all steps necessary to transfer the balance of the First U.S.A. Visa
credit card account to an account listed in his sole name. If Husband is at first unable to transfer
the balance to a new account, he shall continue to take all reasonable steps to refinance the debt
every six months thereafter until such time as she is unsuccessful.
· (2) The parties acknowledge that during marriage they
obtained a Belco Community Credit Union Visa credit card titled in the joint names of the party,
which has a current balance of approximately One Thousand Three Hundred Eighteen Dollars
and Forty-Two Cents ($1,318.42). With respect to the jointly titled Belco Community Credit
Union Visa credit card account, the parties agree that Wife shall be solely responsible for
payment of said Visa card debt and hereby represents and warrants that she shall keep Husband
and his successors, assigns, heirs, executors and administrators indemnified and held harmless
from any liability, cost or expense, including actual attorneys' fees, which may be incurred in
connection with said Visa card debt. Wife shall take all steps necessary to transfer the balance of
the Belco Community Credit Union Visa card account to an account listed in her sole name. If
Wife is at first unable to transfer the balance to a new account, she shall continue to take all
reasonable steps to refinance the debt every six months thereafter until such time as she is
successful.
(3) Wife agrees that she shall be solely responsible for any and
all liability she has incurred in her sole name alone since the date of separation, specifically to
include any obligations to issuers of credit cards in her name. Wife shall forthwith deliver to
Husband any and all credit cards in her possession that provide for joint liability and Husband
shall thereafter close any and all credit card accounts which provide for joint liability. If Wife
has incurred any liability since the date of separation on any credit card account or any other
account on which Husband is jointly liable, Wife shall be responsible for payment of any such
10
liabilities which she has incurred and shall indemnify and hold Husband and his property
harmless from any liability, cost or expense associated therewith.
(4) The parties acknowledge that during marriage they opened
a line of credit with Belco Community Credit Union, which has a current balance of Nine
Hundred Seventy Dollars and Eighty Seven Cents ($970.87). Wife agrees to be solely
responsible for payment of said line of credit and hereby warrants that she shall keep Husband
and his successors, assigns, heirs, executors and administrators indemnified and held harmless
from any liability, cost or expense, including actual attorneys' fees, which may be incurred in
connection with said line of credit.
(5) Unless otherwise provided for herein, each party hereby
assumes the debts, assumptions, taxes and liens on all the property each will hold subsequent to
the effective date of this Agreement. Each party agrees to indemify and hold ham~less the other
party and his/her property of any claim or liability that the other party will suffer or may be
required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this
Agreement.
(j) Liabilit3, Not Listed. 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 bc liable. A liability not
disclosed in this Agreement will be the sole responsibility of the party who has incurred or may
hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify
and hold the other party and his or her property harmless from any and all such debts, obligations
and liabilities.
11
(k) Indemnification of Wife. If any claim, action or proceeding is
hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband
under this Agreement, Husband will, at his sole expense, defend Wife against any such claim,
action or proceeding, whether or not well-founded, and indemnify her and her property against
any damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorneys' fees incurred by Wife in connection therewith.
(1) Indemnification of Husband. If any claim, action or proceeding
is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife
under this Agreement, Wife will, at her sole expense, defend Husband against any such claim,
action or proceeding, whether or not well-founded, and indemnify him and his property against
any damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorneys' fees incurred by Husband in connection therewith.
(m) Warranty_ as to Future Obligations. Husband and Wife each
represents and warrants to the other that he or she will not at any time in the future incur or
contract any debt, charge or liability for which the other, the other's legal representatives,
property or estate may be responsible. From the date of execution of this Agreement, each party
shall use only those credit cards and accounts for which that party is individually liable and the
parties agree to cooperate in closing any remaining accounts which provide for joint liability.
Each party hereby agrees to indemnify, save and hold the other and his or her property harmless
from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in
the event of breach hereof.
12
6. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL
SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights
and claims which he or she may have now or hereafter by reason of the parties' marriage to
alimony, alimonypendente lite, spousal support and/or maintenance or other like benefits
resulting fzom the parties' status as husband and wife. The parties further release and waive any
rights they may have to seek modification of the terms of this paragraph in a court of law or
equity, it being understood that the foregoing constitutes a final determination for all time of
either party's obligation to contribute to the support and maintenance of the other.
7. CUSTODY. Husband and Wife generally agree as follows with respect to
custody of their minor child, Hannah C. Beam, bom March 26, 1997:
(a) Husband and Wife shall share legal custody of their child. Legal
custody is defined as the right to make major decisions affecting the best interest of the child,
including, but not limited to, decisions regarding medical treatment and healthcare, religion,
moral, educational and standards of conduct. Husband and Wife shall discuss and consult with
one another on these issues with a view towards adopting a harmonious policy calculated to
promote the child's best interest. Husband and Wife shall have the right to be kept informed of
the child's educational, social, moral and medical development. Each parent shall be entitled to
full and complete records and information concerning the child fxom any doctor, dentist, teacher,
treatment institution of similar authority, and have copies of any reports, notices or other
communication given to a parent. Each parent shall notify the other of any matter relating to the
child which would reasonably be expected of significant concern of the other. Day to day
decisions shall be the responsibility of the parent then having physical custody. The parent
having physical custody of the child at the time of any emergency shall have the right to make
13
any immediate decisions necessitated thereby, but shall inform the other parent of the emergency
and consult with him or her as soon as possible;
(b) Husband shall have primary physical custody of the child subject
to those periods of partial custody by Wife that are agreed upon by the parties and hereafter
provided for under the stipulated custody order referenced in subsection(c) infra;
(c) The parties agree to enter into a stipulated custody order entered by
the Court of Common Pleas of Cumberland County at or around the date of execution of this
Agreement that incorporates the above general terms as well as specific provisions concerning
periods of partial custody by Wife and a holiday schedule.
(d) The parties acknowledge that Husband is currently providing
health insurance for Hannah. Unless more comprehensive insurance becomes available to Wife
at a lesser cost, Husband shall continue to provide medical insurance until Hannah reaches the
age of majority as defined by Pennsylvania law.
8. MEDICAL INSURANCE COVERAGE FOR WIFE. The parties
acknowledge that Husband is currently providing medical insurance for Wife through his place
of employment. Unless insurance becomes available to Wife at a lesser cost, Husband agrees to
continue to provide said coverage until such time as a Divorce Decree is entered at which time
his obligation to provide said coverage shall terminate.
9. COUNSEL FEES, COSTS AND EXPENSE~. Each party shall be
solely responsible for his or her own legal fees, costs and expenses incurred in connection with
their separation and/or the dissolution of their marriage, and the preparation and execution of this
Agreement.
14
10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waives all fights ofinhefitance in the estate of the other, any fight to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional fights which said party has or may have by reason of their marriage, except the fights
saved or created by the tei-ms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all fights provided under the laws of
Pennsylvania, or any other jurisdiction.
11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary fights and any and all fights as a surviving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final pay checks or any other post-death distribution scheme, and each party expressly states that
it is his and her intention to revoke by the terms of this Agreement any beneficiary designations
naming the other which are in effect as of the date of execution of this Agreement. If and in the
event the other party continues to be named as beneficiary and no alternate beneficiary is
otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party.
12. RELEASE OF CLAIMS.
(a) Wife and Husband acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and liabilities
pursuant to §3502 of the Divome Code, and Wife and Husband hereby waive any fight to
15
division of their property except as provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each of the parties hereby specifically waives,
releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she
may have in property transferred to the other party pursuant to this Agreement or identified in
this Agreement as belonging to the other party, and each party agrees never to assert any claim to
said property or proceeds in the future. However, neither party is released or discharged from
any obligation under this Agreement or any instrument or document executed pursuant to this
Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or
right of the other, all items of personal property, tangible or intangible, acquired by him or her
fi:om the execution date of this Agreement with full power in him or her to dispose of the same
fully and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any and all rights
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimonypendente lite, alimony, equitable distribution, counsel
fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising
out of the marital relationship or otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any
other law of any other jurisdiction, except and only except all rights and obligations arising under
this Agreement or for the breach of any of its provisions. Neither party shall have any obligation
to the other not expressly set forth herein.
(c) Except as set forth in this Agreement, each party hereby absolutely
and unconditionally releases and forever discharges the other and his or her heirs, executors,
16
administrators, assigns, property and estate from any and all rights, claims, demands or
obligations arising out of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities of the other or
by way of dower, curtesy, widow's or widower'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 any other country.
(d) Except for the obligations of the parties contained in this
Agreement and such rights as are expressly reserved herein, each party gives to the other by the
execution of this Agreement an absolute and unconditional release and discharge from all causes
of action, claims, rights or demands whatsoever in law or in equity, which either party ever had
or now has against the other.
13. PRESERVATION OF RECORDS. Each party will keep and preserve
for a period of four (4) years from the date of their divorce decree all financial records relating to
the marital estate, and each party will allow the other party access to those records in the event of
tax audits.
14. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
15. SEVERABILITY. If any provision of this Agreement is held by a court
of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof
17
shall nevertheless survive and continue in full force and effect without being impaired or
invalidated in any way.
16. BREACH. If either party hereto breaches any provision hereof, the other
party shall have the fight, at his or her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. The non-breaching party shall be
entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in
the enforcement of the fights of the non-breaching party.
17. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision
of this Agreement.
18. NOTICE. Any notice to be given under this Agreement by either party to
the other shall be in writing and may be effected by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
Brian B. Beam
5247 Terrace Road
Mechanicsburg, PA 17050
and to Wife, if made or addressed to the following:
Jennifer A. Beam
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to him or her by giving notice of that change in accordance with the
provisions of this paragraph.
19. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
18
(without regard to the conflict of law roles applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
20. DATE OF EXECUTION. The "date of execution" or "execution date" of
this Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
21. EFFECTIVE DATE. This Agreement shall become effective and
binding upon both parties on the execution date.
22. EFFECT OF RECONCILIATION, COHABITATION OR
DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a
reconciliation. This Agreement also shall continue in full force and effect in the event of the
parties' divorce. There shall be no modification or waiver of any of the tcn~s hereof unless the
parties in writing execute a statement declaring this Agreement or any term of this Agreement to
be null and void.
23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding
the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
24. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
19
25. ENTIRE AGREEMENT. Each party acknowledges that he or she has
carefully read this Agreement; that he or she has discussed its provisions with an attorney of his
or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney;
and that this instrument expresses the entire agreement between the parties concerning the
subjects it purports to cover and supersedes any and all prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or against either of
the parties.
26. MUTUAL COOPERATION. Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary
designations, tax returns, and other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either party unreasonably fails on demand to comply with these provisions, that
party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as
a result of such failure.
27. AGREEMENT NOT TO BE MERGED. This Agreement may be
incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this Agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
20
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of
their acknowledgments.
BRIAN B. BEAM
w~r~mss~, ~ ., o
21
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF Dg tx 17 }.~ :~, )
!
BEFORE ME, the undersigned authority, on this day personally appeared BRIAN B.
BEAM known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~t'a/ day of
,200].
Notary Public in
Commonwealth of Pennsylvania
Typed or printed name of Notary:
My commission
L uum~f$SlON EXPII~ES FEB. 16, 2004~
22
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF
)
BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER A.
BEAM, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this oe~'Hqday of
/
Notary Public in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
My commission expires: dor~'~ ]g 9 007
23
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BRIAN B. BEAM, )
Plaintiff )
)
v. )
)
JENNIFER A. BEAM, )
Defendant )
No. 2001-4732 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divome under §3301(c) of the Divorce Code was filed on
August 9, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed f~om the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE
1. I consent to the entry ora final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses ifI 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 Cour~ 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 above 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:
Brian B. Beam, Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BRIAN B. BEAM, )
Plaintiff )
)
v. )
)
JENNIFER A. BEAM, )
Defendant )
No. 2001-4732 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divome under §3301(c) of the Divorce Code was filed on
August 9, 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 ora final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE 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 ifI 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 above 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: /2L//~-') /~ /
fer A. B~{tm, Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BRIAN B. BEAM, )
Plaintiff )
)
v. )
)
JENNIFER A. BEAM, )
Defendant )
No. 2001-4732 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT 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 §3301(c) of the Divorce Code.
Date and manner of service of the complaint: Service by certified mail on
September 22, 2001; Affidavit of Service filed September 26, 2001.
Date of execution of the affidavit of consent required by §3301 (c) of the Divorce
Code: by plaintiff, December 27, 2001; by defendant, December 27, 2001.
Related claims pending: All claims resolved by Marital Settlement Agreement dated
July 25, 2001.
Date:
Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary:
contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce
was filed with the prothonotary: contemporaneously herewith.
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff Brian B. Beam
IN THE COURT OF COMMON PLEAS
OFCUMBERLAND COUNTY
STATE OF
BRIAN B. BEAM,
Plaintiff
VERSUS
JENNIFER A. BEAM,
Defendant
PENNA.
NO.
2001-47q2 CIVIL T~RM
Decree IN
DIVORCE
AND NOW,
DECREED THAT
AND
BRIAN B. BEAM
JENNIFER A. BEAM
2002
, IT iS ORDERED AND
, PLAINTIFF,
, 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.
It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions
of a certain Property Settlement Agreement between the parties dated July 25, 2001, and attached
hereto, are incorporated in this Decree in Divome by reference as fully as if the same were set
forth herein at length. Said Agreement shall not merge with but shall survive this Decree in
Divorce.
bYTHE Cout~t: /~/~
~ 0 PROTHONOTARY