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HomeMy WebLinkAbout01-6984IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ARTHUR BEAUVERD, Plaintiff VICTORIA S. BEAUVERD, Defendant 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. SUCH A REQUEST MUST BE IN WRITING AND SENT TO THE CUMBERLAND COUNTY PROTHONOTARY'S OFFICE IN THE COURTHOUSE WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE. 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 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ARTHUR BEAUVERD, Plaintiff VS. VICTORIA S. BEAUVERD, Defendant CIVIL ACTION - LAW -- IN DIVORCE AVISO PARA DEFENDER y RECLAMAR DERECHOS USTED HA SIDO DENIANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas signientes. Debe romar action con prontitud. Se le avisa que Si nose defiende, el caso puede proceder sin usted y decreto de divorcio o anniarniento puede ser emitido en su contra por la Cone. Una decision puede tambien ser ernitida en su contra por .cuaiquier otra queja o compensacion reclamados pot el demandante. Usted puede perder dinero, o propiedades u otros dcrechos unportantes para usted. Cuando la base para el divorcio es indignidades 0 ' ' · · rompmuento m'parable del matrimonio, usted puede solicitar consejo matrimonial. Se necesita poner una solicitacion para consejo por escrito y mandarla a la oficina de la Prothonotary en el Cumberland County Courthouse dentro de veinte (20) dias de recibir esta demanda del divorcio. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL, HONORAR/OS DE ABOGADO U OTROS GASTOS ANTES DE QLE EL DECRETO FINAL DE DIVORCJO O ANULAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERCHO A RECLAMAR CUALQUERA DL ELLOS. USTED DEBE LUEVAR ESTE UN ABOGADO. PAPEL A LN ABOGADO DL INMEDIATO. SI NO TIENE O NO PLEDE PAGAR VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ARTHUR BEAUVERD, Plaintiff VSo VICTORIA S. BEAUVERD, Defendant CIVIL ACTION - LAW -- IN DIVORCE COMPLAINT IN DIVORCE COUNT I The Plaintiff is Arthur Beauverd who currently resides at 406 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055 since 1988. The Defendant is Victoria Beauverd, who currently resides at 10 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania since October 2001. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on March 21, 1982 in Valley Lee, St. Mary's County, Maryland. There are three minor children of the parties: Charlotte Beauverd; d/o/b Janu_a_ry 18, 1989: Easton Beauverd; d/o/b November 19, 1987: Nicholas Beauverd; d/o/b July 30, 1986. There have been no prior actions of divorce or annulment between the parties. Neither party is presently a member of the Armed Forces on active duty. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division. 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. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. The cause of action and sections of Divorce Code under which Plaintiff is proceeding is: (A) § 3301(c). The marriage of the parties is irretrievably broken. 11. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between the Plaintiff and Defendant. Date: Resp~c~91ty submitted, ~ ~hri~tine J. raylol~q~ w~¥, LENOX, comq~ ~aZZACCO, r.C. 1 South Baltimore Stree~f Dillsburg, PA 17019 (717) 432-9666 I.D. #82204 VERIFICATION I, ARTHUR BEAUVERD, verify that the statements made in this document are true and correct to the best of my knowledge, infoimafion, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. ARTHUR BEAUVERD SPARE ARTHURBEAUVERD Plaintiff VICTORIA S. BEAUVERD Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6984 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby accept service of the Complaint in Divorce on the Defendant, Victoria S. Beauverd, and certify that I am authorized to do so. SNELBAKER, BRENNEMAN & SPARE, P.C. By: ~lp H~~e PA Supreme Court ID No: 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Dated: March/~ , 2002 ARTHUR BE AUVERD, Plaintiff · BEAUVERD, VICTORIA ! Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF CONSENT VS. No. CIVIL ACTION - LAW -- IN DIVORCE 1. A COmplaint in Divorce under §3301(c) of the Divorce Code was filed on December 12,i 2001. 2. Th6 marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed ~rom the date of filing and service of the Complaint. 3. I cc nsent to the entry of a final decree of divorce after service of notice of intention to request entry ffthe decree. I verif,'? that the statements made in this affidavit are true and correct. I understand that false statemer ts made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsi: 5cation to authorities. Dat~/ / -' Victoria l~eauverd Defendant IN THE COURT OF COMMON iPLEAS CUMBERLAND COUNTY, PENNSYLVANIA ARTHUR B~AUVERD, Plaintiff VS. VICTORIA $. BEAUVERD, i Defendant No. 942 S 2001 CIVIL ACTION - LAW -- IN DIVORCE WAIVER OF NOTICE OF INTENTION 'FO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I colasent to the entry ora final decree of divorce without notice. 2. I un~lerstand that I may lose rights concerning alimony', division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify statements ma( falsification to that the statements made in this affidavit are true and correct. I understand that false [e herein are subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn authorities. Vmton~ Beauverd Defendant ARTHUR BE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~.UVERD, ) No. 9~2-S~34}0L Plaintiff ) ~.OO ~ - ~, 9 ? ~/ ) vs. ) CIVIL ACTION - LAW -- IN ) DIVORCE VICTORIA S BEAUVERD, ) Defendant ) AFFIDAVIT OF CONSENT 1. A cgmplaint in Divorce under §3301(c) of the Divorce Code was filed on December 12, I001. 2. Th~ marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed ~om the date of filing and service of the Complaint. 3. I c°~sent to the entry of a final decree of divorce after service of notice of intention to request entry 9f the decree. I verif~ that the statements made in this affidavit are true and correct. I understand that false statemen~s~ made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsiOcation to authorities. Arthur Beauvcrd Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ARTHUR B~AUVERD, 1Plaintiff VS. VICTORIA $. BEAUVERD, Defendant No. 942 S 2001 CIVIL ACTION - LAW -- IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I cohsent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expens,~s ifI do not claim them before a divorce is granted. 3. I un, that a copy of tl lerstand that I will not be divorced until a divorce decree is entered by the Court and ~e decree will be sent to me immediately after it is filed with the Prothonotary. I verify statements mad falsification to that the statements made in this affidavit are true and correct. I understand that false e herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn tuthorities. Arthur Beauverd Plaintiff MARITAL SETTLEMENT AGREEMENT THIS-- MARITAL SETTLEMENT AGREEMENT, made this o~7Tj day of ~wccO~r'5 i , 2003, by and between ARTHUR BEAUVERD, of Mechanicsburg, Cumberland County, PennsYlvania (hereinafter referred to as "HUSBAND") and VICTORIA S. BEAUVERD, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WlTNESSETH: WHEREAs, the parties were married on March 21, 1982 in Valley Lee, St. Mary's County, Maryland; WHEREAS, the following children were bom of the marriage: Nicholas Beauverd, born July 30, 1986; Easton Beauverd, born November 19, 1987; and Charlotte Beauverd, born January 18, 1989; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and 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 by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, covenants and receipt of whicl intending to be THEREFORE, in consideration of the premi, ses and of the mutual promises, undertakings hereinafter set forth and for other good and valuable consideration, ~ is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the Other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. remarry. It is th to be forever bi 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania on December 12, 2001, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is in:etrievably broken and express heir intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of Property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Shouldi ia decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall e specific intent of the parties to permit this Agreement to survive any judgment and nding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulatedlthat this Agreement, or the essential parts hereof`, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of, the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be f,orever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or %xecution date," defined as the date upon which it is executed by the parties if, they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this!Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall 'only take place on the "distribution" date which shall be defined as the date of execution of tltis Agreement unless otherwise specified herein. spouse's will; rights of, a sur laws of (a) Per~ country or any 7. i MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-clhim and f,orever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain fi'om property hereafter accruing) of the other or against the estate of, such other, of`whatever nature and wheresoever situated, which he or she now has or at any time hereafter m~iy have against the other, the estate of such other or any part hereof`, whether arising out of any former acts, contracts, engagements or liabilities of, such other or by way of dower or col u'tesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exempti on or similar allowance, or under the intestate laws, or the right to take against the .r the right to treat a lif,etime conveyance by the other as a testamentary, or all other iving spouse to participate in a deceased spouse's estate, whether arising under the ~sylvania, (b) any State, Commonwealth or territory of'the United States, or (c) any ights which either party may have or at any time hereafter shall have for past, present or future supl~ort or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expeflses, whether arising as a result of the marital relations or otherwise, except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement ori for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each bther by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire,' except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division ofPr0perty, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to th~ Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: This agreement has been prepared by Christine J. Tayloi, Esquire, and Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, PiC., counsel for HUSBAND. At the commencement of and at all stages during the negotiation oflhis Agreement, WIFE has been informed that the: above-named at-torneys have acted solely as coUnsel for HUSBAND and have not advised nor represented WIFE in any manner whatsoever. Although WIFE was initially represented by counsel, Phillip H. sPare, Esquire, she is no longer so represented. WIFE acknowledges her understanding of her fight to retain the counsel of her choice and to have said counsel review the herein Agreement. WIFE has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it knowingly and voluntarily. The pa] coercion, collu have each ma, liabilities, and purposes oftht~ ties acknowledge that this Agreement is not the re, sult of any duress, undue influence, ;ion and/or improper or illegal agreement. The parties further acknowledge that they te to the other a full and complete disclosure of their respective assets, estate, sources of income and that they waive any specific enumeration thereof for the Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have notlheretofore~ incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such dbbts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. !WARRANTY AS TO FUTURE OBLIGATIONS. HUSBAND and WIFE covenant, walxant, represent and agree that, with the exception of obligations set forth in this Agreement, n~ither of them shall hereafter incur any liability whatsoever for which the estate of the other may be ~iable., Each party._ shall indemnify and hold harmless the other party from and against any and all dbbts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided betw{en them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the cbntrol of the other. It is acknowledged that WIFE has certain items of her personal property at the marital residence located at 406 South Market Street, Mechanicsburg, PA 17055, and that she is to l'emove said items within thirty (30) days of the effective date of this Agreement. Likewise, WIFy has certain items of her personal property at the ihouse located at 18090 River Road, Tall Timbers, MD 20690, and that she is to remove said items 'within one hundred and fifty (150) days of the effective date of this Agreement. Any items of personal property which belong to HUSBAND thl days of the By thes forever abando~ is in the possess, from the date o Lt may be in WIFE's possession are to be returned to HUSBAND within thirty (30) :ctive date of this Agreement. e presents, each of the parties hereby specifically waives, releases, renounces and ~s whatever claims he or she may have with respect to any personal property which :ion of the other, and which shall become the sole and separate property of the other execution hereof. 12. DIVISION OF REAL PROPERTY: The parties jointly own the marital residence situate at 406! South Market Street, Mechanicsburg, Cumberland County, Pennsylvania. The parties agree that HUSBAND shall become the sole owner of said residence. WIFE will cooperate in executing theInecessary documents to transfer ownership to HUSBAND only. WIFE hereby waives any right, claim or interest in the marital residence including any equity. HUSBAND agrees to indemnify WiFE as to any future liabilities concerning the marital residence, and to re-finance said · property witl~in a reasonable time so to remove WIFE from any liability or obligation thereupon. The parties also jointly own the residence located at 18090 River Road, Tall Timbers, MD 20690. The parties agree that HUSBAND shall become the sole: owner of said residence. WIFE will cooperate in e~ecuting the necessary documents to transfer ownership to HUSBAND only. WIFE hereby waives any right, claim or interest in the Maryiand residence including any equity. HUSBAND agrees to indemnify WIFE as to any future liability concerning the Maryland residence, and to re-finance said property within a reasonable time so to remove WIFE from any liability or obligation the?eupon. It is acknowledged that the two (2) properties have a combined value of three hundred and fifty-two thousand four hundred and four dollars ($352,404.00), and that there is a combined mortgage debt of one hundred and twenty-eight thousand one htmdred and three dollars and twenty- five cents ($128,103.25). Therefore, there is combined equity in the real property owned by the parties of two hundred and twenty-four thousand three hundred dollars and seventy-five cents ($224,300.75)i 13.~i BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they do not possess any bank accoCnts or the like in both of their names. They hereby agree that each shall become sole owner of their i'espective accotmts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. It is further acknowledged that in August of 2002, WIFE withdrew eighl thousand six hundred and forty-five dollars ($8,645.00) from a marital account, and that HUSBAlq-D provided to WIFE seven thousand dollars ($7,000.00) in September of 2001 representing o~ ~e-half of the amount in the marital bank accounts upon separation of the parties. Both parties he~'eby acknowledge their full satisfaction in regard to the above-noted transfers of funds and waive any claim to any funds currently in any account of the other. 14., PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: The parties acknowledg~ that HUSBAND is the owner of several retirement plans with a combined value of forty-three thousand two hundred and eighty-nine dollars and fifty-four cents ($43,289.54). The specific plans and the values thereof for purposes of the marital estate are as follows: a) Members 1st 401(k) - $2,540.54 b) Northrup Grumman SIP - $2,727.00 c) Northrup Grumman RVP - $4,087.00 d) FDC - $24,391.00 e) TELOS - $8,770.00 . f) AIM 401(k) - $774.00 WIFE hereby agrees any right, claim or interest in the above-noted retirement plans to waive owned by HUSBAND. WIFE shall become t any document, 15. STOCKS: The parties are the owners of several stocks with a combined value of eleven thousand four hundred and seventy-seven dollars and thirty-seven cents ($11,477.37). The specific share~ of stock and the values thereof for purposes of the marital estate are as follows: a) Union Pacific Corporation - 47.733 shares - $2,150.37 b) Sears - 100 shares - $5,209.00 c) American Electric Power - 84.814 shares - $4,118.00 ~grees to waive anY right, claim or interest she may have in said stocks. HUSBAND ~e sole and exclusive owner of said stocks and the values thereof. WIFE shall execute which may be required to transfer ownership to HUSBAND alone. 16. !MOTOR VEHICLES: The parties agree that WIFE shall become the sole and exclusive ownbr of the Dodge Van currently in her possession. It is further agreed that said vehicle has a value o~-five thousand two hundred and fifty-five dollars ($5,255.00). HUSBAND hereby waives any inierest he may have in this vehicle, and specifically waives any claim to funds he expended on WIFE's behalf to fully satisfy the loan on this vehicle. Likewi se, the parties agree that HUSBAND shall become the sole and exclusive owner of the 1998 Ford ~ontour currently in his possession. It is further agreed that said vehicle has a value of eight thousand four hundred and fifteen dollars ($8,415.00), and is encumbered by an outstanding loan of six th6usand seven hundred and fifteen dollars and seventy-three cents ($6,7 5 WIFE hereby waives any interest she may have in this vehicle, and HUSBAND agrees to maintain sole responsibilit, for payment thereupon and to hold WIFE harmless from any liability which may be incurred. 17. LIFE INSURANCE: The parties are the owners of two (2) life insurance policies. The first policy is with Minnesota Life and has a benefit of two thousand dollars ($2,000.00) with no cash surrender value. The second policy is with Hartford and has a benefit of fifty ($50,000.00) with a cash s~rrender value of two thousand three hundred and twenty-six dollars and forty-nine cents ($2,326.~49). It is specifically agreed that each party shall become the sole and exclusive owner of any policy fOr which he or she is the named insured. The owner shall have absolute authority to maintain or dispose of said policy and shall make any changes desired as to the beneficiaries. The other party relinquishes any and all claim, right or interest in said policies. 18. i AFTER-ACQUIRED PROPERTY' Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereaf[er acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respec, ts and for all purposes as though he or she were unmarried. 19. WIFE. HUSB the parties is Agreement. 20. returns. HUSF Both parties ag or any assessn ItEALTIt INSURANCE: To date, HUSBAND has provided health insurance to AND shall continue to do so without cost to WIFE until such time as the divorce of final, but in nfl event beyond ninety (90) days after the execution date of this INCOME TAX: The parties have heretofore filed joint Federal and State tax AND and WIFE agree to file separate tax returns beginning with the tax year 2002. tee that in the event any deficiency in Federal, State or local income tax is proposed, ~ent of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 21. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the Scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, ttle~ provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed anY elections or other documents required by th{ Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 22. WAIVER OF ALIMONY: Except as otherwise provided herein, HUSBAND and WIFE recognige and acknowledge that the foregoing provisions for their individual benefit are satisfactory wilh regard to suppq~ and maintenance, past, present and future. The parties release and discharge the Other absolutely mad forever for the rest of their lives for all claims and demands, past, present or fu~e, for alimony, alimony pendente lite or for any provisions for support and maintenance. IThe parties further acknowledge that in consideration of the transfers made herein, each completel, waives and relinquishes any and all claims andJor demands they may now have or hereafter have. ,gainst the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 23. MARITAL DEBT: The parties acknowledge that there is approximately twenty-three thousand eighti hundred and forty-four dollars and fifty-five cents ($23,844.55) in marital debt. HUSBAND ag :ees to assume this debt and to hold WIFE harmless from any liability which may occur in the ew at of default of his obligations. This Agreement specifically reflects that HUSBAND has made the following payments to WIFE since the date of separation, repayment of whiCh is hereby forgiven in consideration of the mutual promises of this Agreement: a) $491.00 for WIFE's car insurance from October of 2001 until the effective date of this Agree~nent; ! b) $370.00 loan from HUSBAND to WIFE in July of 2002; and I c) $591.00 for WIFE's cell phone bill in November of 2001. It is specifically agreed, however, that HUSBAND's assumption of the marital debt as prescribed in ~his paragraph does not include the Discover Card in the party's joint names. WIFE shall remain iolely, responsible for payment of the three thousand seven hundred and thirty-two dollars ($3,73~.00) owing on this card, and for any other credit cards which WIFE may have in her name alone. ~vVIFE. shall remain solely and exclusively liable for payment on any such debts and shall indemnify, and hold HUSBAND harmless for any default on such debts. It is specifically agreed herein ~hat WIFE shall pay the outstanding Discover Card balance with funds obtained from the cash payment received pursuant to Paragraph 24 of this Agreement, and that said credit card shall thereafter be Closed. 24. CASH PAYMENT: In consideration of her interest in the marital estate, including the various assets and obligations detailed within this Agreement, and in consideration of the mutual promises also made herein, WIFE shall receive from HUSBAND a lump sum cash payment of one hundred twenly-nine thousand five hundred and one dollars and forty cents ($129,501.40). It is understood tha finance settlen The pa totaling all ass thousand one h and liabilities d and sixty-three equity in the an seven cents ($2 the following d HUSBAND shall make this payment to WIFE from proceeds obtained from the re- ~ents of the two (2) residences pursuant to the terms of this Agreement. rties acknowledge that the above-noted cash payment to WIFE was arrived at by ets detailed in this Agreement and reaching a figure of four hundred twenty-three mdred and sixty-seven dollars and forty cents ($423,167.40), and by totaling all debts etailed herein and reaching a figure of one hundred fifty-eight thousand six hundred dollars and fifty-three cents ($158,663.53). Therefore, the marital estate contains tount of two hundred sixty-four thousand five hua~dred and three dollars and eighty- 54,503.87). WIFE's share constitutes one-half of the equity in the marital estate less eductions: ~ a) $2,000.00 for one-half of the closing costs on the two (2) settlements to be conducted o~ the marital properties; and c) $750.00 for a personal loan from HUSBAND to W~E in December of 2002. The p~ies are satisfied that a full disclosure of all assets and liabilities has been made and that the payment described herein is a fair settlement of their respective interests in the marital estate. 25. HUSBAND sl intervals and t CUSTODY_: The parties shall share legal custody of their three (3) minor children. tall have primary physical custody. WIFE shall have partial physical custody at such br such duration as the parties may mutually agree. 26. EFFECT OF DIVORCE DECREE: The pm'ties agree that, except as otherwise specifically p;vided herein, this Agreement shall continue in .full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 27. BREACH___: If either party breaches any provision of this Agreement, the other party shall have the right, 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, and the party breaching this contract shall be responsible fo~ payment of reasonable legal fees and costs incurred by the other in enforcing their fights under thfs Agreement. 28. IWAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his Or her property in any way, and each party hereby waives and relinquishes any and all fights he or s~e shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to ~hare in the property or the estate of the other as a result of the marital relationship, including withdut limitation, dower, courtesy, statutory allowance, widow's allowance, fight to take in intestacy, fi~ executor of the deliver any and waiver and reli~ ht to take agai.nst the Will of the other, and the fight to act as administrator or other's estate, and each will, at the request of the other, execute, acknowledge and all instruments which may be necessary or advisable to carry into effect this mutual [quishment of such interests, fights and claims. 29. ENTIRE AGREEMENT: This Agreement contains the entire under, standing of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set .forth herein. 30. shall inure to successors an 31. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and he benefits of the parties hereto and their respective heirs, executors, administrators, assigns. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of~ae other, execute, acknowledge and deliver to the other any and all further instruments that may be r~asonably required to give' full force and effect to the provisions of this Agreement. 32. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, claUse or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 33. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and ~etween the parties hereto that each paragraph hereof shall be deemed to be separate / and independent Agreement. 34. . FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness hnd substantial accuracy of the financial disclosure of the other as an inducement to the execution }fthis Agreement. The parties acknowledge that there has been no formal discovery conducted in Itheir pending divorce action and that neither party has filed an inventory and appraisement the foregoing, Pennsylvania r time prior to th or her counsel required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding te rights of either party to pursue a claim for equitable distribution, pursuant to the fivorce Code, of any interest owned by the other party in an asset of any nature at any date of execution of this Agreement that was not disclosed to the other party or his >rior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the! Court of Common Pleas of York County to make equitable distribution of said asset. The non-disclOsing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other p~rty in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 35. MODIFICATION AND WAIVER: A modification or waiver of any of the of~is Agreement shall be effective only if made in writing and executed with the same provisions formality as t~is Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or simillr nature. 36. I DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience ~nly. They shall have no affect whatsoever in determining the rights or obligations of the parties. 37. i APPLICABLE LAW: This Agreement shall be construed under the laws of the CommonweaRh of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and / year first abox~e written. ARTHUR BEAUVERD (SEAL) ~C~T.~'~, 5~',%~SEAL) OmA s. BEA6VER~D 7 COMMONWEALTH OF PENNSYLVANIA COUNTY O1c On thi ~, appeared Artlmr y of ~ ~/L~L~2003 before me a Notary Public, personally Beauverd, known tf'/me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contai~ ~ed. IN WI~. ?NESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal S. Dawn Gladfelter, Notary Public Dillsburg Boro, York County My Commission Expires May 17, 2005 Member, Pennsylvania Association of Notaries oota. Publ(c COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK On thii, th y appeared Victo] Marriage Settl{ therein contaim of 2003 before me, a Notary Public, personally ia S. Beauverd, kno~vn to me to be the person whose name is subscribed to the within :ment Agreement and acknowledged that he executed the same for the purposes :d. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. i My Mem Nota~a, ssai Notary-Pub{lc Dawn Glad[eiter, Notary Public Dillsbdrg Boro York County ommission Expires May 17, 2005 er, Pennsylvani& Association of Notan~s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ARTHUR BEAUVERD, Plaintiff VS. VICTORIA S. BEAUVERD, Defendant No. 01-6984 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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). Date and manner of service of the Complaint: Via Regular Mail upon counsel for Defendant on March 18, 2002 An Acceptance of Service was filed with the court on March 28, 2002 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff.' January 27, 2003; By Defendant: utlIIlgaLY~ 2003. (b) (1) Date of e~ecution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: All related claim~ were resolved by a Marital Settlement A~,reement dated January_ 27_. 2003. Said Marital Settlement Agreement was filed with th~ court in January_ 29~ 2003. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice ofh~tention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce wasfiled with the Prothonotary: Filed January_ 29, 2003; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Filed Jannary 29, 2003. Date: By: Bra~le~ ~. Winnick, Esquire Attom~j~ far Plaintiff WILEY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #78413 J/ --- THE COURT OF COMMON PLEAS OF CUMBERLAND CZOUNTY STATE OF PENNA. ARTHUR BEAUVERD .................................. No. o~-~984 19 Versus VICTORIA BEAUVERD DECREE IN DIVORCE I.! AND NOW,. '~.~0 it is ordered and decreed that thur Beauverd .................................................. plaintiff, and ..... Victoria Beauverd .. 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; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff VS. Defendant File No. IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the \1~4~ day of ~C~ · , hereby elects to resume the prior surname of .~!~1T~%~R--- ~-- 2. ~-D~'~- , and gives this written notice pursuant to the provisions of 54 P.S. S 704. Sigh~tur~ of flame COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF CUMBERLAND : On the ~day SS. Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. seal. In Witness Whereof, have hereunto set my hand and official ~I~T~31t~SEi~Lu b ~ ic I CLAUDIA Al BREWBAKER, NOTARY PUBL C I Carlisle Boro, Cumberland County My Commiss on ~xpires April 4, 2005