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HomeMy WebLinkAbout09-8660Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Alexandra M. Beauvais ALEXANDRA M. BEAUVAIS, Plaintiff, vs. ERIC C. BEAUVAIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Oq- 13(D(o0 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 without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17113 (717) 249-3166 ALEXANDRA M. BEAUVAIS, Plaintiff, vs. ERIC C. BEAUVAIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, RC. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Alexandra M. Beauvais ALtXANDRA M. BEAUVAIS, Plaintiff, vs. ERIC C. BEAUVAIS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0 9- F6 (r a " CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE Plaintiff is Alexandra M. Beauvais, an adult individual who resides at 3 Butterchurn Lane, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant is Eric C. Beauvais, an adult individual who resides at 1456 S. Mountain Road, Dillsburg, York County, Pennsylvania, 17019. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 27, 2003, in Dillsburg, York County, Pennsylvania. 5. Defendant, Eric C. Beauvais, filed a Complaint in Divorce Under Section 3301(c) or 3301(d) of The Divorce Code in the Court of Common Pleas of Potter County, Pennsylvania, on July 31, 2009. The action was discontinued by Plaintiffs former counsel, Attorney Michael E. Davis, on November 13, 2009. 6. The Defendant is not a member of the armed forces of the United States or any of its allies. 7. The Plaintiff avers that the marriage is irretrievably broken. 8. 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. The Plaintiff does not desire counseling. COUNT I - EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 above are incorporated herein by reference. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests Your Honorable Court to: A. Enter a Decree in Divorce; B. Equitably distribute all property, both personal and real, owned by the parties; and C. Grant such further relief as the Court may deem equitable and just. COUNT II - ALIMONY PENDENTE LITE COUNSEL FEES, COSTS AND EXPENSES 11. Paragraphs 1 through 10 above are incorporated herein by reference. 12. Plaintiff, Alexandra M. Beauvais, by reason of this action, will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 2 13. Plaintiff, Alexandra M. Beauvais, is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 14. Plaintiff, Alexandra M. Beauvais, has no income sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 15. Defendant, Eric C. Beauvais, has adequate earnings to provide for the Plaintiffs support and to pay Plaintiff s counsel fees, costs and expenses. COUNT III - ALIMONY 16. Paragraphs 1 through 15 above are incorporated herein by reference. 17. Plaintiff lacks sufficient property to provide for her reasonable needs. 18. Plaintiff, Alexandra M. Beauvais, although gainfully employed, is unable to sufficiently support herself, through appropriate employment. 19. Defendant, Eric C. Beauvais, has sufficient income and assets to provide continuing support for the Plaintiff, Alexandra M. Beauvais. WHEREFORE, Plaintiff requests Your Honorable Court to: A. Enter a Decree in Divorce; B. To compel the Defendant, Eric C. Beauvais, to pay alimony pendente lite to Plaintiff, Alexandra M. Beauvais; C. Compel the Defendant, Eric C. Beauvais, to pay alimony to Plaintiff, Alexandra M. Beauvais; D. Equitably distribute all property, both personal and real, owned by the parties; E. Grant counsel fees, costs and expenses; and 3 F. Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Date: k* By. K en W. Miller, Es ire Attorney I. D. # 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Alexandra M. Beauvais 09425-0011156498 4 VERIFICATION I, Alexandra M. Beauvais, verify that the averments made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: \C-)?-.UI?pk •'( i `? .j' ?`/?: ?C?' 1. Alexan a . Beauvais T r 2 09 G 16 • 34 4 47o . 5o P fl ATT`/ ? 538 r 0 3 n C? ? a.3sra3 Karen W. Miller, Esquire o ry f ?IIJ? TIARY Attorney I.D. No. 200037 C ld ll & K 2010 "$ ' a we earns, P.C. g ?? 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 •.?? -; .4 (717) 232-2766 (fax) Attorney for Alexandra M. Beauvais ALEXANDRA M. BEAUVAIS, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 09-8660 Civil Term ERIC C. BEAUVAIS, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code in the above-captioned action originally filed on December 16, 2009, attached as Exhibit "A". Respectfully submitted, CALDWELL & KEARNS Dated: /20 10 Y• Karen W. Miller Attorney I.D. #200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, Alexandra M. Beauvais 4lo. oco P o AT II cy-K 5 49 e a359q& CERTIFICATE OF SERVICE AND NOW, thislo day of Z10 , 2010, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Eric C. Beauvais 1456 S. Mountain Road Dillsburg, PA 17019 Defendant CALDWELL & KEARNS By: 09425-001/157712 Karen W. Miller, Esquire o1 Attorney I.D. No. 200037 Caldwell & Kearns, RC. 3631 North Front Street - r `< i-n Harrisburg, PA 171 10 (717) 232-7661 (7) 7) 232-2766 (fax) Attorney for Alexandra M. Beauvais ALEXANDRA M. BEAUVAIS, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. ERIC C. BEAUVAIS, Defendant No. CA- 8"D Civil Term CIVIL ACTION - LAW PNDIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or :annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17113 (717) 249-3166 ALEXANDRA M. BEAUVAIS, Plaintiff, vs. ERIC C. BEAUVAIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Alexandra M. Beauvais ALEXANDRA M. BEAUVAIS, Plaintifff, vs. ERIC C. BEAUVAIS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE Plaintiff is Alexandra M. Beauvais, an adult individual who resides at 3 Butterchurn Lane, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant is Eric C. Beauvais, an adult individual who resides at 1456 S. Mountain Road, Dillsburg, York County, Pennsylvania, 17019. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 27, 2003. in Dillsburg, York County, Pennsylvania. 5. Defendant, Eric C. Beauvais, filed a Complaint in Divorce Under Section 3301(c) or 3301(d) of The Divorce Code in the Court of Common Pleas of Potter County, Pennsylvania, on July 31, 2009. The action was discontinued by Plaintiffs former counsel, Attorney Michael E. Davis, on November 13, 2009. 6. The Defendant is not a member of the armed forces of the United States or anv of its allies. 7. The Plaintiff avers that the marriage is irretrievably broken. 8. Plaintiff has been advised that counselin- is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. The Plaintiff does not desire counseling. COUNT I - EQUITABLE DISTRIBUTION 9. Paragraphs I through 8 above are incorporated herein by reference. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 3502 of the Divorce Code. WHEREFORE. Plaintiff requests Your Honorable Court to: A. Enter a Decree in Divorce; B. Equitably distribute all property, both personal and real, owned by the parties; and C. Grant such further relief as the Court may deem equitable and just. COUNT II - ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 11. Paragraphs 1 through 10 above are incorporated herein by reference. 12. Plaintiff, Alexandra M. Beauvais, by reason of this action, will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 2 13. Plaintiff, Alexandra M. Beauvais, is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 14. Plaintiff. Alexandra M. Beauvais, has no income sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 1 5. Defendant, Eric C. Beauvais, has adequate earnings to provide for the Plaintiffs support and to pay Plaintiffs counsel fees, costs and expenses. COUNT III - ALIMONY 16. Paragraphs 1 through 1 above are incorporated herein by reference. 17. Plaintiff lacks sufficient property to provide for her reasonable needs. 18. Plaintiff, Alexandra M. Beauvais, although gainfully employed, is unable to sufficiently support herself, through appropriate employment. 19. Defendant'. Eric C. Beauvais, has sufficient income and assets to provide continuing support for the Plaintiff, Alexandra M. Beauvais. WHEREFORE, Plaintiff requests Your Honorable Court to: A. Enter a Decree in Divorce; B. To compel the Defendant, Eric C. Beauvais, to pay alimony pendente lite to Plaintiff, Alexandra M. Beauvais; C. Compel the Defendant, Eric C. Beauvais, to pay alimony to Plaintiff, Alexandra M. Beauvais: D. Equitably distribute all property, both personal and real, owned by the parties; E. Grant counsel fees, costs and expenses; and 3 F. Grant such further relief as the Court may deem equitable and* ust. Respectfully submitted, Date: Erk?rt ly-4" Karen W. Miller, Es ire Attorney I. D. # 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Alexandra M. Beauvais 09425-0011156498 1 VERIFICATION L Alexandra M. Beauvais, verify that the averments made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. 41 Date: Alexandia NV Beauvais SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor FLED-4-!, p A/ 2M FEB 16 PM 2: 13 r NO Alexandra M. Beauvais Case Number vs. Eric C. Beauvais 2009-8660 SHERIFF'S RETURN OF SERVICE 01/11/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Eric C. Beauvais, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Divorce according to law. 01/14/2010 03:44 PM - York County Return: And now January 14, 2010 at 1544 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Eric C. Beauvais by making known unto himself personally, at 1456 South Mountain Road, Dillsburg, PA 17019 its contents and at the same time handing to him personally the said true and correct copy of the same. fs'' SHERIFF COST: $37.44 S11, 2010 "Y RO Y R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration ALEXANDRA M. BEAUVAIS vs. ERIC C. BEAUVAIS Case Number 09-8660 CIVIL SHERIFF'S RETURN OF SERVICE 01/14/2010 03:44 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED CIVIL ACTION BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: ERIC C. BEAUVAIS AT 1456 SOUTH MOUNTAIN ROAD, DILLSBURG, PA 17019 SHERIFF COST: $50.50 February 03, 2010 AA- TERRY DRAWBAUGH, DE UTY SO A EI RICHARD P UERL BER, S ERIFF NOTARY Affirmed and subscribed to before me this 3rd day of FEBRUARY 2010 • • • • • • • • • • • • • i PENNY PRESS OF YORK INC. Ph (717) 8434078 Fax (717) 848-1360 COUNTY OF YORK 1-%Ol OFFICE OF THE SHERIFF SER)1 7CE CALL 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE MTOXIIW18 PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE 'TYP'E+? &Y UN 1 THM 12 D4 WT il?f. a A 8 COPIES 1 PLAINTIFF/S/ALEXANDRA M. BEAUVAIS 2 COURT NUMBER 2009-8660 3. DEFENDANT/S/ 4. I Trt Ur VVKI I UK UVMrLAIN I ERIC C. BEAUVAIS COMPLAINT IN DIVORCE SERVE NAMt Vf INUIVIUUAL, Wr4it ANT. L UKYUKAIIVN, t IL, IU ,7tKVt UK UtSGKIr' I IUN VF r'KUr'tK1 T IU t%t LtVItU, AI IAGMtU, UK AULU ERIC C. BEAUVAIS 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO, CITY, BORO, TWP. STATE AND ZIP CODE) AT 1456 SOUTH MOUNTAIN ROAD DILLSBURG, PA 17019 7. INDICATE SERVICE U PERSONAL O PERSON IN CHARGE 50 DEPUTIZE O CERT. MAIL O 1 ST CLASS MAIL O POSTED 0 OTHER NOW ?LhlCJBRY_1J 2010 I, SHERIFF N , PA, d r y deputize `the sheriff of YORK COUNTY to execute thi a rhthereof according to law. This deputization being made at the request and risk of the plaintiff., TH F 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE Return To: The Cumberland County Sheriffs Office 1 Courthouse Square Room 303 Carlisle, PA 17013 .B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same ........... o , ..., ., _....._...___ ._ .__.._ .. -ssession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff heroin for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED KAREN W. MILLER 1717-232-7661 1/8/2010 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed it notice is to be mailed). THE CUMBERLAND COUNTY SHERIFF'S OFFICE SPACE BELOW FOR USE OF THE SHBaFF - DO NOT MIWE SOLOW IM Lff 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. 16. HOW SERVED PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. Q I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED/ LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 21. ATTEMPTSI Date I Time I Miles I Int. I Date I Time I Miles I Int. 1 Date I Time Int. I Date I Time I Miles I Int. I Date I Time I Mika ] Int. I Date 1 Time Miles Int. 22 23. Advance Costs 24 Service Costs 25. N/F t26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 34. Fofetpn County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mikage/Posbge'W Found 41. AFFIRMED and subscribed to before me this 44 Signature of 42. day of 20 _ 43. Dep. Sherilt PROTHY / NOTARY 48 SgUill ro of York County Sheriff Surchg. 132. Tot. Costsl 33 Costs Due or Refund I Check No. I 39. Total Costs 140. Costs Due or Refund 45. DATE 47. DATE 48. Signature of Foreign -- - 49 DATE r-.n ch-riw r • FLED F !CE Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Alexandra M. Beauvais 2010 FEB 17 PIN 1: 22 ALEXANDRA M. BEAUVAIS, Plaintiff, vs. ERIC C. BEAUVAIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8660 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS IN DIVORCE ACTION TO THE PROTHONONTARY: Please withdraw the claims, Count I - Equitable Distribution, Count II - Alimony Pendente Lite, Counsel Fees, Costs and Expenses, and Count III - Alimony. Respectfully submitted, CALDWELL & KEARNS Dated: ?S Zl7iO B aren W. Miller Attorney I.D. #200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, Alexandra M. Beauvais M CERTIFICATE OF SERVICE AND NOW, this /S day of _ &Y, 2010, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011-1706 CALDWELL & KEARNS By: 09425-001/158585 ALEXANDRA M. BEAUVAIS, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLV ANIA • vs. No. 09-8660 Civil Term ;.~ ~ ~ a °~~ ~;.' ---, -°a ERIC C. BEAUVAIS, CIVIL ACTION -LAW M`M~ `r° ~ ~~"' ~ ~ Defendant. IN DIVORCE `~"~ s :.~`' ' E~~ -~ AFFIDAVIT OF CONSENT AND '-=~ ~ ~"° ~~= WAIVER OF NOTICE OF INTENTION TO : -~`-~ ~, ~''~ REQUEST ENTRY OF A DIVORCE DECREE °x' ~ r UNDER ~ 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 16, 2009. 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. I consent to the entry of a final decree of divorce without notice. 4. 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. 5. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: _rjp ~rn~^lE,( ~~ ~ o~-L~\~ lexandra M. eauvais, Plaintiff 09425-001/163130 ALEXANDRA M. BEAUVAIS, Plaintiff, VS. ERIC C. BEAUVAIS, Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8660 Civil Term CIVIL ACTION -LAW IN DIVORCE c~ C ~ ; C~ r r~` / d~,Y ter r- ~> =;t `~ ~:, AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301fc1 OF THE DIVORCE CODE ~... "`T ~"` ~a q -tl --i i~~ -~ r «~ ---t c~ xe --~ c~--n "~ c=7 c~ rn -~ A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 16, 2009. 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. I consent to the entry of a final decree of divorce without notice. 4. 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. 5. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities Date: ~ ~~ / 7 Z~/O ~. Eric C. Beauvais, Defendant 09425-0011163412 Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiff, Alexandra M. Beauvais ALEXANDRA M. BEAUVAIS, Plaintiff, VS. ERIC C. BEAUVAIS, Defendant 7 "'j f ! 1 9ms r mji'?1E?i:.?il A sD ( J 3x15 y t Ff j' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8660 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. 2. Date and manner of service of the Complaint: by deputized Sheriff's Service on Defendant on January 14, 2010, and filed on February 11, 2010. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, September 27, 2010; by Defendant, October 13, 2010. (b) (1) Date of execution of the Affidavit required by § 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit: N/A 4. Related claims pending: None 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: N/A (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: Filed October 7, 2010. Date Defendant's Waiver of Notice was filed with the Prothonotary: Filed October 29, 2010. Respectfully submitted, CALDWELL & KEARNS Dated: 1 By> ? I -0- - Karen W. Miller Attorney I.D. #200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, Alexandra M. Beauvais 09425-001/168250 r Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Alexandra M. Beauvais ALEXANDRA M. BEAUVAIS, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. ERIC C. BEAUVAIS, Defendant No. Qq- B(oloo 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 without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17113 (717) 249-3166 ALEXANDRA M. BEAUVAIS, Plaintiff, vs. ERIC C. BEAUVAIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Alexandra M. Beauvais ALEXANDRA M. BEAUVAIS, Plaintiff, VS. ERIC C. BEAUVAIS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. D 9- R6 G D C";':Q -7 -? CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Alexandra M. Beauvais, an adult individual who resides at 3 Butterchurn Lane, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant is Eric C. Beauvais, an adult individual who resides at 1456 S. Mountain Road, Dillsburg, York County, Pennsylvania, 17019. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 27, 2003, in Dillsburg, York County, Pennsylvania. 5. Defendant, Eric C. Beauvais, filed a Complaint in Divorce Under Section 3301(c) or 3301(d) of The Divorce Code in the Court of Common Pleas of Potter County, Pennsylvania, on July 31, 2009. The action was discontinued by Plaintiff's former counsel, Attorney Michael E. Davis, on November 13, 2009. 6. The Defendant is not a member of the armed forces of the United States or any of its allies. 7. The Plaintiff avers that the marriage is irretrievably broken. 8. 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. The Plaintiff does not desire counseling. COUNT I - EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 above are incorporated herein by reference. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests Your Honorable Court to: A. Enter a Decree in Divorce; B. Equitably distribute all property, both personal and real, owned by the parties; and C. Grant such further relief as the Court may deem equitable and just. COUNT II - ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 11. Paragraphs 1 through 10 above are incorporated herein by reference. 12. Plaintiff, Alexandra M. Beauvais, by reason of this action, will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 2 13. Plaintiff, Alexandra M. Beauvais, is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 14. Plaintiff, Alexandra M. Beauvais, has no income sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 15. Defendant, Eric C. Beauvais, has adequate earnings to provide for the Plaintiffs support and to pay Plaintiff s counsel fees, costs and expenses. COUNT III - ALIMONY 16. Paragraphs 1 through 15 above are incorporated herein by reference. 17. Plaintiff lacks sufficient property to provide for her reasonable needs. 18. Plaintiff, Alexandra M. Beauvais, although gainfully employed, is unable to sufficiently support herself, through appropriate employment. 19. Defendant, Eric C. Beauvais, has sufficient income and assets to provide continuing support for the Plaintiff, Alexandra M. Beauvais. WHEREFORE, Plaintiff requests Your Honorable Court to: A. Enter a Decree in Divorce; B. To compel the Defendant, Eric C. Beauvais, to pay alimony pendente lite to Plaintiff, Alexandra M. Beauvais; C. Compel the Defendant, Eric C. Beauvais, to pay alimony to Plaintiff, Alexandra M. Beauvais; D. Equitably distribute all property, both personal and real, owned by the parties; E. Grant counsel fees, costs and expenses; and 3 F. Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Date: kL/pn k' ?Jr ZO??( By. Qv?? K en W. Miller, Es ire Attorney I. D. # 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Alexandra M. Beauvais 09425-0011156498 4 VERIFICATION I, Alexandra M. Beauvais, verify that the averments made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: ?J Alexana Beauvais 4 %'TATED ...... PROyI 40 FILCD-017FiCE OF THE p?kl)Tr tll'aTRW 2009 NEC 16 Pell 1: 34 Cl;7rt' u+ ,!L?;N 1 s PE-"J 3` 41'L N!A 04 °o 3? Karen W. Miller, Esquire Attorney I.D. No. 200037 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Plaintiff, Alexandra M. Beauvais t ;r ?1111 11 r Kfl-ttl -9 4- P 12: 5 ALEXANDRA M. BEAUVAIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA vs. ERIC C. BEAUVAIS, Defendant TO THE PROTHONOTARY: : NO. 09-8660 Civil Term CIVIL ACTION - LAW : IN DIVORCE PRAECIPE Please file the attached Marriage Settlement Agreement in the above docket. Respectfully submitted, CALDWELL & KEARNS, P. C. Date: I11? l (O 0A- aren W. Miller, Esquire Attorney I.D. # 200037 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 Fax Attorney for Plaintiff, Alexandra M. Beauvais 09425-001/168252 MARITAL SETTLEMENT AG.REEMENT THIS AGR EMENT rna& and entered into this first day of April , 2009 (year), between Alexandra Maria Beauvais (Wife) residing at 3, told Cabin Hollow Road, I1i.lbiWrg, 1'A. 17019 any Eric Charles Beauvais (Husband) residing at 456 South Mountain Road, DillsLurg, PA 17019 WHEREAS, Husband and Wife were married to each rather on September-17 2003 (year:) at Diltsiiurg Pennsylvaina {C'ih) (St?t? i WHEREAS, a permanent breakdown of the marriage has wisen between us and we are now living separate and. apart frosn each other, and 'Else if there are children involved.] WHEREAS, children were born into our marriage as follows: Child's Name _ _Child's Birth Date Child's Sex N/A (hereinafter "children") and it is the further purpose of this Agmennent to provide for the future custOdy, control and support of the said children, and N/A 4 ?l(Y. 'X HEREAS, it is the desire and iritentions of the parties to settle by agreernent all of their rrix-iral affairs Nvith respect to property, financial matxts, [spousal support or mainteriance ("rise. if'applicable)] [and all issues relating to their children, including custody, visitation, and „hi.ld support (use if applicable)]. NOW, THEREFORE, in consideration. of the premises and the mutual promises and un tc:rtakings herein contained, and for other good and valuable consideration, the paxties agree ti:3 t.l?e fUi1C1'?Nirig' 7 SEPARATION: 1'h;; parties agree to permanently live separate and apart from the other ;party, free from any control, restraint, or intereren,- e, dared or indirect, by the oilier pa,rty, and in all respects to live as if he or she were sole and unmarried. U. DIVISION- OF PROPERTY Flusband transfers to Wife as her sole and separate property the following: 1) 2005 Chevrolet Uplander 2) Living Doom Suit to include: Couch, Love Seat, Lazy Boy Chair, Cherry Wood Desk, End Table., Book Shelf, Entertain=ment Center, TV, DVD Player 3) Kitchen Furniture, to include. Hutch, Jelly Cabinet., Bookcase and. Wooden Trash Container 4) Queen Bed Set, to include: Dresser, Night Stind, matching set of lamps 5) All other household items will be divided equally 6) Kasey, black Labrador Retriever Kori, chocolate Labrador RctTiever Two (2) large; foldable dog crates Wife transfers to Husband as his sole and separate property the following: A) Residence at 1456 South Mountain Road, Dillsburg, PA 17019 (.upon payment of aprox. amount of $22,000.00) B) 1990 Fleetwood Motor Horne C) Household Appliances including Wash-. and Dryer. l Henry,, chocolate Labrador Retriever Kaley, yellow Labrador Retriever Kiwi, yellow Labrador Retriever 11.1. DI d'ISIJN OF'DBB i"S: l . Husband shall pay the foilowing ?idebts and will not at any time hold Wife responsible for thern, and shall indemnify Wife from any liability on same,: Sep; Attached separate sheet ?. Wife shall pray the following, debts and will not at any time hold Husband responsible foy them, and shall indemnify Husband from arty liability on same: Wife shall be responsible for all other debts solemnly to her name, excluding utility bills for the residence at 14,46 youth Mountain Road, Dillsburg, PA 17019, tV ALIMONY - (Choose one of the following]: s . Loth parties hereby agree, to waive any rights or claims that either may now have or in the future to receive alimony; maintenance, or spousal support frorzn each other. Both parties u.adergtand the full import of this p=°uvisifln. '. Motititly payments - The Husband shall pay to Wife for hisiher support and maintenance the suxn of $ 0.00 per month./week. 'This suns stall be payable on the UA day of each and every N/A commencing on N/A N/A, (year). Said sure will continue until [choose any or all of the fvllowingj: (a) the date that either party dies; ('b) the date that the receiving spouse: remarries; or (c) any dtlatr specific date that both of you agree on. Both parties intend that the amount and duration of the payment, N/A (ma), or tna y snot) be modified by a court in the future. 1 Lump sum payment - The parties hereby agree that i3). full payment of any claims or . `,.t5 ao ai%mny, spousal support, or maintenance the Husband shall pay to Wife the sure of $ 0,00 , which shall be payable on i I A N/A. (ye:af't . III. DIVISION OF DEBTS: 1. Husband shall pay the following debts and will not at any time hold Wife responsible for them, and shall indemnify Wife from liability on same: - Husband agrees to transfer all utility bills for the residence at 1456 South Mountain Road, Dillsburg, PA 17019 into his name, releasing the wife from all responsibilities. - Bill Me Later #5049 9020 0887 6673 - ($ 249.43) - Banton #2116 01010305 9271- ($990.00) - Boscovs #3006 0101 0037 7610 - ($450.00) - Capital One #5862 3671 7689 7033 - ($930.00) - Chase #40311636 5237 5636 - ($10,085.87) - Citi Bank #5424 1810 3021 2943 - ($6,300.00) - Kohls #037 6454 088 - ($1,765.76) - Sears #5049940312465767 - ($1,245.41) - Bank of America #4888 9360 7487 8871- ($16,000.00) - Citi Bank #5424 1808 9845 6402 - ($5,196.46) - Home Depot #6035 3204 9011 6876 - ($4,717.02) V: CHILD CAL'STOI)Y NO VISITAri N - (Choose one of the following]: The parties agree that it is in the best interest of the child(ren) that the N/A have sole physical and legal custody of the child(ren), We girt:her agree ffi t the custodial parent will make the tna)or decisions regarding the care and upbringing; of :.,;yid child(ren). However, the ot:hex parent has the right to be notified of any major decisions, i ne parties also gree to share in an equitable fashion the chi.ld(ren)'s birthday, holidays, and all ti,ac;ations. Furthermore. the parties agree to allow the other parent to have a frequent and liberal ?, arty tiYir, with the child(ren). [Optional] - If the parties cannot agree on future visitation, then the N/A will have the right to be with the chil.d(re;n) as follows: (Draft a schedule i.e., vacation periods which the child(reng) will spend with the non-.custodial parent.) The Husband and Wife shall share Joint legal custody for the rnirtor child(ren). Botb parents shall retain full parental rights and responsibilities. Both parents shall confer with one :another so that major decisions affecting the ]Jest interests and welfare of the child(ren) may be determined jointly, where reasonably possible. We further agree that N/A shall nave Sole physical custody of the child(ren). Pach party shall have fV11 access; to the child(ren)'s medical, dental, or school records. '1 lxe parties shall consult with one another with regards to all medial and educational matters including religious education and training. Me parties also agree to share in an equitable fashion the c'rtild(ren)':, birthday, holidays and all vacations Furthermore, the parties agree to allow the other parent to Dave a frequent and literal visitation with. the child(rens). The non-custodial parent will have the right to be with the :F;ild(rpn) at least, but not limited to, as fellows; (Note: make a detailed scinedule). ' e CHILD SUPPORT Subject to the power of the court to r-nodify Ehese tet`dris, N/A shall pay t _N/ A, as and for child support, the sum o, f'$ 0.00 Parr month/week. This stun. shall be payable on they first day of each and every N/A cominencird g, on N/A N/A. wear;). Said suin shall continue until the child(ren) shall have married, died, become self-supporting, or reach thv age ofei.ghteen (or, if in Alabama, nine•wen). [Furthermore, if the parent obligated to pay said support receives an increase in satary or income in the future, the am-ount of child support shall increase proportionately.] Said sure shall be reduced by $ 0.00 (or shall be reduced proportionately) for each child to reach. the age of eighteen (or, if in Alabama., nineteen) or othecv?-'ise emancipated. The parties agree that the N/A will carry and maintain. Life insurance narning the child(ren) as irrevocable beneficiary(ics). Said life insurance is in the amount of 0.00 Furthermore, it is a_ 4 ed that N/A will carry and rnai.nta-i adequate health, dental, and hospitalization insurance for the child(ren)'s benefit. The YA shall each year transmit to the N:/A evidence of payment showing that such due=s, premiums and assessments have been paid. \'1'11. NEC' SSARY DOCUME T S The parties agree to execute and deliver to -,he other party any documents that may be reasonably required to accomplish the intention of this instrument and shall do all rather siece ssary things to this end. V111. INCOME TAX: For the year 2609 the parties hereto shall file separate income tax returns. Each pa.7ty hereto shall receive the refund or pay additional taxes based. on his or her separate iricotne:. [Or] The parties agree to Tile a joint income tax return for the year N/A . In the event that there is a credit of any tax payment The N/A shall pay the Y N/A (1/2, 1/3) of any tax payments, (Use if child(rcn) are involved.: The parties agree that the N/A rnay claim the federal dependetic°y tax exemption for the child(ren), !X. SUBSEQUENT DISSOLUTION OF MAIZRIIA-GE: It is agreed that this Agreetnent may be offered into evidence by either party in any dissol ition of niarriagc proceeding, and if acceptable to the Court, this Agreement shall be nc.orporated by reference in any I-inal Judgment that may be rendered. However.. no:r-ithstanding incorporation in the Final Judgment, this Agreernent shall not be merged in it but shall stirvi ve the Final Judgment and be binding on the parries for all times. X. KEPR SENTATIOM brie parties represent to each other: (a) Each had the right, to in deperident counsel. Each party fully understands their legal rights and each is signing this Agreement freely and voluntarily, intending to be bound by it. (b) Each has made a full disclosure to the other of his or her current financial condition. ;cEach understands and agrees that this Agreement is intended to be the full and entire contract of the parties. (d) Each agrees that this Agreement and each provision of it is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest and representatives of each party. . I. CHANGE OF NAME': 'The patties agret that the Wife may have tier name changed or restored to: NiA KI1 WAIVER OF BREACH: *yio waive of any breach by any party of the terms ofthts Agreement shin, be dt;ein;: i a wa.i,er of any subsequent breach. ME ENFORCEMENT OF AGREEMENT Botb parities agree; that the Court granting the divorce;, at the request of either party: insert in the Final Judgments a reservation of jurisdiction fbr the putpose of compelling either party to perform this A reenn trt., or any part thereof, The prevailing patty small be entitled to attorney's fees in connection with such proceedings. U-4 GOVERNING LAV,: This Agreerne;rft €hall be interpreted and gtwe:rue=d by the laws of the State; of '?_T eP05y) U'Asvlca. Signed in the presence of. Witnesses for fife - __._ oil life's Signature State of ._?.._.. _.. _. ) County of _?' f Pte- _. _ ) On - before me, persona ly VVII appeared __ "v? and _ X. ) [ 1 '1 ? Lz 1 ,S personally known to me (or proves3 to me on tlze: basis of satisfactory evideum) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to my that helshe/they executed tile. sarne in his,%er/their authorized c;apacity(ies), and that by his/her/their signature(s) on the instrarnent the person(s), or the entitj upon. behalf of which the person(s) acted, executed the instrument. ?,'1? ray ftatwd a^Ej otfi 'al seas. signature: of 34otax v Affiant Known _X-Produced Ill U3"Pe of it) PA _7 - COiMMONWEALTH OF PENNSYL?'AN4A Notarial Sea! Jenna Marie Wessels, Notary Public Carroll Twn., York County M Commission Ex fires Dec. 9 2009 Member, Pennsylvania Association of Notaries Signed in the presence of: Witnesses to Husband )•a1tN C) k ?1 __ __ __ Husband"s Signature ?__z.?:_ ??F'.K?S._....__, Personally appeared 6 f'ore rte, and J ? L J'L??G'?.?. " C personally known to me (or proved to me or, the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subsetibed to the within instrument and acknowledged to me that he./she/they executed. the sari-1e in hi; /her/their authorized ca.pacity(OCs), and that by his/hentheir -:FIgnatuse(s) on the in;trurrrez?t the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNU, ?. y hand and official seal. ?l Afliant ling ?-n ""-' X.- -Produced ID a+-i Type of 1 essels, Notary Public (Seal) =JennaMarie ' p., York County x ras b 09 Member, Pennsylvania Assaalatlon of 40tories IF ` 1 NONLAWY ER HELPED YOU FILL OUT THIS FO THEY MUST FILL IN '.f'HE BLANKS BELOW (fill in all blanks)- i no:n.lawyer located a (street) - --_. _-.. _ _ _ _ _ ---- -- ----_ (rztr'). --------- - _._ (state) (phone) helped who is the one only} 3c:titioner or0respondent, fill o•ut this form. CERTIFICATE OF SERVICE AND NOW, this q4 day of jk)o VVftfbwe , 2010, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same via U.S. First Class Mail to: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 CALDWELL & KEARNS By: 09425-001/168252 ALEXANDRA M. BEAUVAIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC C. BEAUVAIS NO. 09-8660 DIVORCE DECREE AND NOW, blrCr-? /6, .? 016 , it is ordered and decreed that ALEXANDRA M. BEAUVAIS plaintiff, and ERIC C. BEAUVAIS , 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.") None; the Marriage Settlement Agreement which was signed by the parties on April 1, 2009, and filed herewith is incorporated and not merged into this Order. By the Court, Attest: J. J rothonotary il. as-1© 4:4w"