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HomeMy WebLinkAbout01-1429MELINDA ANN HOLSINGER BEIDELMAN, Plaintiff VS. CHRIS M. BEIDELMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (~)~-//Coif 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, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MELINDA ANN HOLSINGER BEIDELMAN, Plaintiff VS. CHRIS M. BEIDELMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~/- CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is, Melinda Ann Holsinger Beidelman, who currently resides at 4125 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is, Chris M. Beidelman, who currently resides at 408 Sioux Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint, 4. The Parties were married on May 24, 1997. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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. 11. The reference thereto. COUNT I. REQUEST FOR A FAULT DIVORCE UNDER §3301(a)(b) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 10. This action is not collusive as defined by §3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (a)(b) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE prior paragraphs of this Complaint are incorporated herein by Complaint, Plaintiff intends to file an affidavit consenting to a divorce. believes that Defendant may also file such an affidavit. 12. The marriage of the parties is irretrievably broken. 13. After ninety (90) days have elapsed from the date of the filing of this Plaintiff WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301© of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 17. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 18. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 19. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Respectfully submitted: Date: TONIA M. TORQUI~TO, ESQUIRE 2650 North Third Street Harrisburg, PA 17110 (717) 236-2200 ID//84406 ATTORNEY FOR PLAINTIFF VERIFICATION I, Melinda Ann Holsinger Beidelman, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Melinda Ann Holsir~J'er Beidelman MELINDAANN HOLSINGER BEIDELMAN, * Plaintiff * vs. * NO. 01-1429 CHRIS M. BEIDELMAN, * CIVIL ACTION - LAW Defendant * IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Tonia M. Torquato, Esquire, hereby certify that on March 14, 2001, I served a true and correct copy the Complaint in Divome filed on March 12, 2001, upon Chris Beidelman, Defendant, by depositing same, certified mail, restricted delivery, return receipt requested, as well as, by regular mail, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Mr. Chris Beidelman 408 Sioux Drive Mechanicsburg, PA 17050 ehman S~ERIFF'S RETURN - CASE NO: 2001-01429 ~P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEIDELMAN MELINDA ANN H VS EIDELMAN CHRIS M REGULAR RICHARD SMITH , Cumberland County,Pennsylvania, says, the within COMPLAINT - DIVORCE BEIDELMAN CHRIS M DEPENDANT , at 0019:55 HOURS, on the at 506 W M3AIN ST # 4 MECHANICSBURG, PA 17055 CHRIS BEIDLEMAN a true and attested copy of COMPI~AINT - DIVORCE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 9th day of April , 2001 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this /q ~ day of ~'f ~o f A.D. So Answers: R. Thomas Kline 04/i0/2001 MELINDA ANN HOLSINGER BEIDELMAN, Plaintiff VS. CHRIS M. BEIDELMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-'1429 CIVIL ACTION - LAW IN DIVORCE To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divome decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Sheriff's Service on April 9, 2001. Sheriff's Return is attached. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff: December 18, 2001; by defendant: December 18, 2001. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: document; document. by plaintiff: signed: December 18, 2001, filed simultaneously with this by defendant: signed: December 18, 2001, filed simultaneously with this 5. Related claims pending: None. 6. Plaintiff and Defendant have signed a Marital Settlement Agreement dated December 18, 2001. WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301(c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1) and to incorporate the terms of the Marital Settlement Agreement in accordance with Section 301(a)(1) and (4) and 401(b) of the Divorce Code. Heather L. Harbaugh ,/ Dated: /~llcl/OI Attorney for Plaintiff SHERIFF'S CASE NO: 2001-01429 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEIDELMAN MELINDA ANN H VS EIDELMAN CHRIS M RETURN - REGULAR APR 12 2001 EDWARD J. WEINTRAUB & ASSOC, RICHARD SMITH Cumberland County, Pennsylvania, says, the within COMPLAINT - DIVORCE BEiDELMAN CHRIS M DEFENDANT at 0019:55 HOURS, on the at 506 W MAIN ST ~ 4 MECHA~NICSBURG, PA 17055 CHRIS BEIDLEMAN a true and attested copy of COMPLAINT 9th day of April Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2001 by handing to - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this /~ ~ day of ~_~j,..,o _3,~,,e / A.D. So Answers: -- ~, R. Thomas Kline .... '~ 04/10/2001 .... EDWARDBy:H, WE~ AS SOC i.:.: >o~ ~ :< / De~utf S~eriff MELINDA ANN HOLSINGER BEIDELMAN,* Plaintiff * VS. CHRIS M. BEIDELMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1429 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was flied on March 12, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 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. Section 4904 relating to unswom falsification to authorities. /~/t/' ~"/~! Melinda A. Holsi~er Beidelman, Plaintiff Date: MELINDA ANN HOLSINGER BEIDELMAN,* Plaintiff * VS, * CHRIS M. BEIDELMAN, * Defendant * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01~1429 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 consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if ! do not claim them before a divorce is granted. 3. ! 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 ver'dy that the statements made in this affidavit are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Melinda A. Holsingef Beidelman, Plaintiff MELINDA ANN HOLS1NGER BEIDELMAN,* Plaintiff * CHRIS M. BEIDELMAN, * Defendant * 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1429 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 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. Section 4904 relating to unsworn falsification to authorities. Date: Chris M. Beidelman, Defendant MELINDA ANN HOLSINGER BEIDELMAN,* Plaintiff * VS. CHRIS M. BEIDELMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1429 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 consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 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. Section 4904 relating to unsworn falsification to authorities. Chris M. Beidelman, Defendant MELINDA ANN HOLSINGER BEIDELMAN, * Plaintiff * CHR/S M. BEIDELMAN, * Defendant * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1429 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW COUNT TO THE PROTHONOTARY: Kindly withdraw Count I of the Divorce Complaint entitled "Request for a Fault Divorce under §3301(a)(b) of the Divorce Code," filed in the above captioned matter on behalf of Plaintiff. Harrisburg, PA 17110 (717) 238-2200 ID#84406 ATTORNEY FOR PLAINTIFF Date: VS. CHRIS M. BEIDELMAN, Defendant MELINDA ANN HOLSINGER BEIDELMA~, IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, · PENNSYLVANIA · NO. 01-1429 · CIVIL ACTION - LAW · IN DIVORCE NOTICE OF ELECTION TO RESUME PRIOR NAME Notice is hereby given that, a Divorce Complaint has been filed and is pending in the above captioned matter and, plaintiff hereby elects to resume her prior name of MdindaAnn Holsing~, and gives this written notice of her intention in accordance with the provisions of 54 Pa. C.S.§704. Melinda Ann Holsin~er Beidelman Melinda Ann Holsirf~er COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : SS: On th.e, day of ~o,Q:~ ~rc'.~x ~'/~C~. , 2001, before me, a Notary Public, personally appeared Mehnda Ann Holsm~er Beidelman known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. P6blic Misty D. Lehman, Notary ~ · Harrfsburg, Dauphin.County My Commission Exptres Aug. 2, 2004 MELINDAANN HOLSINGER BEIDELMAN, * Plaintiff * vs. * NO. 01-1429 CHRIS M. BEIDELMAN, * CIVIL ACTION - LAW Defendant * IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on January 2, 2002, I served a true and correct copy the Decree in Divorce, upon Chris Beidelman, Defendant, by depositing same, via regular mail, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Mr. Chris Beidelman 408 Sioux Drive Mechanicsburg, PA 17050 Date: MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 18th day of December, 2001, by and between Christopher Mark Beidelman, hereinafter referred to as "Husband", and Melinda Ann Holsinger, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 24, 1997; and WHEREAS, certain differences arose between the parties as a result of which they separated on February 4, 2001, and now live separate and apart from one another, and 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 relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, the Wife hereto, after being properly advised by her attorney, Heather L. Harbaugh, Esquire, of Edward J. Weintraub & Associates located at 2650 North Third Street, Harrisburg, Dauphin County, Pennsylvania 17110, and Husband, who has chosen not to retain an attorney notwithstanding the fact that Wife's attorney has told him that he has an absolute right to be represented by an attorney, Husband has chosen instead to negotiate directly with his Wife. The parties have come to the following agreement and Husband hereby acknowledges that he has done so willingly and that he fully understands the facts and has been fully informed and understands that had a Court decided this matter, he may have received more or less than is provided for in this Agreement. Husband knowingly waives his right, if any, to utilize the lack of his legal representation as a basis to attack the validity of this Agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: (Initials) (Initials) 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other as such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below, Wife represents and warrants to Husband that since February 4, 2001, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since February 4, 2001, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: DESCRIPTION AMOUNT A. Auto Loan on 1995 Toyota $3,000 Husband Tercel PERSON(S) NOW RESPONSIBLE (Initials) 2 (Initials) B. Mortgage on 4125 Kittatinny $83,200 Wife Drive Property, with Pennsylvania Housing Finance Agency The parties agree that Husband shall hereafter be responsible for paying debt A above and Wife shall be responsible for paying debt B. Each party agrees to pay the outstanding joint debts as allocated and further agrees to indemnify and save harmless the other from any liability for such debts or obligations. In the event that either party contracted or incurred any debts, other than those specifically identified herein since February 4, 2001, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION: A. Husband has already transferred all of his right, title, claim and interest in and to the real estate located at 4125 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, subject to the Pennsylvania Housing Finance Agency mortgage of approximately eighty-three thousand two hundred ($83,200) Dollars, to Wife by Deed on August 9, 2001. Wife agrees to be solely responsible for the payment (Initials) ~//j~/ (Initials) 3 of all future mortgage payments, taxes, insurances and utility bills relative to said real estate. Wife covenants and agrees to pay and discharge the existing mortgage obligations on said premises and agrees to indemnify Husband from any loss by reason of any default in payment and agrees to save Husband harmless from any future liability with regard thereto. The parties agree to share equally (50/50) the costs associated with all fees relating to the transfer of all insurance and title policies and deed relating to 4125 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 to effectuate Wife's sole ownership. Should Wife have already paid these costs, Wife shall provide Husband with the documentation relating to the payment of the fees and costs incurred with the deed transfer and Husband shall reimburse Wife fifty-percent (50%) of the costs thereof within 10 (ten) days of receiving this information. Thereafter, Wife shall be the sole owner of the real estate and shall be permitted to record the deed and take any other action with respect thereto that she deems appropriate. Husband agrees that upon the execution of the deed, Wife shall become the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any payments now or hereafter due under such insurance policies. B. Contents of The Marital Residence: As of the date of the execution of this Agreement, the parties have equitably divided the personal property contained within the marital residence. Husband relinquishes his right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items within the former marital residence within the possession of Wife or elsewhere. C. Contents of Husband's Residence: As of the date of the execution of this Agreement, the parties have equitably divided the personal property contained within Husband's residence. Wife relinquishes her right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items within Husband's residence within the possession of Husband or elsewhere. (Initials) 4 Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) (2) (3) Husband shall retain the 1995 Toyota Tercel. Wife shall retain the 1995 Plymouth Neon. All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. (4) The parties agree to share equally (50/50) the costs and fees associated with transferring the title of the 1995 Toyota Tercel to Husband. Should Husband have already paid these costs, Husband shall provide Wife with the documentation relating to the payment of said fees and costs and Wife shall reimburse Husband fifty-percent (50%) of the costs thereof within 10 (ten) days of receiving this information. Indi¥idual Retirement Accounts, Pensions And Employment Benefits: Each party shall retain sole ownership and control of their own IRA's, Pensions and Employment benefits. Specifically, Wife shall retain sole ownership and control of her 401(k) through American Express and Husband will retain sole ownership and control of his 401(k) through American Express. F. Joint Bank and Charge Accounts: The parties agree that all joint bank and charge accounts, credit card accounts and any other joint accounts have already been equitably divided and paid off. Should any other joint bank and charge accounts, credit card accounts and any other joint accounts exist, the parties agree to terminate those accounts and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts. Husband shall retain all of the current balances in his current savings and checking accounts. (Initials) '~/~'~ (Initials) 5 G. Property to Wife: The parties agree that Wife shall own, posses, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to her by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. I. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the 2receding sentence on his or her Federal or State income tax returns. 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently m effect, without restriction as to the designation of beneficiaries. (Initials) 6 (Initials) 10. HEALTH INSURANCE: The parties agree that each shall be responsible for obtaining their own health insurance and paying any uninsured medical expenses. Provided dental coverage is provided at a reasonable cost to -lusband, not to exceed $20.00 per month, Husband shall provide secondary dental coverage for Wife's minor child, Khayman Holsinger, and Wife shall be responsible for any and all uninsured dental expenses relating to this secondary coverage. 11. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties. 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment 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 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 responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties shall file separately in 2001, and thereafter. 13. WAIVERS OF CLAIMS AGAINST ESTATES: 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 rights he or she may now have or hereafter acquire, under the present or future laws of any ~'~ (Initials) '~ (Initials) 8 Entry of a Divorce Decree under section 3301(c) of the Divorce Code within ten (10) days of July 9, 2001, to enable counsel for Wife to proceed with a no-fault divorce as soon as possible, providing counsel for Husband with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 16. BREACH AND ENFORCEMENT: 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 responsible for payment of Jegal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the taw, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either ~ (Initials) '~,// (Initials) 10 financial affairs of the other which has been requested by each of them or by their respective counsel. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 ~ seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any dghts to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. (Initials) ,~// (Initials) 12 COMMONWEALTH OF PEN,NSYLVANIA COUNTY OF ,.~ O,J~L~L~ SS. BEFORE ME, the undersigned authority, on this I~l-~"day of ]L.~¢L0 ~ , 2001, personally appeared Christopher Mark Beidelman, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. ~ --G~IVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~tt~/' ~ay of ,~ ).~ P.._O.~k.~C.f ,2001. Commonwealth of Pennsylvania Notadal Seal Misty D. Lehman, Notar~ Public Harrisburg, Dauphin uounty My Commission Expires Aug. 2, 2004 COMMONWEALTH OF PENNSYLVANIA ~ ,, BEFORE ME, the undersigned authority, on this )~"'-day of ~'~)~}"~/ ,2001, personally appeared Melinda Ann Holsinger, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ ay of [)f C~ ,200~. cin and fo~the Commonwealth of Pennsylvania J Notarial Seal ~ ~ rg, uphirl Coun~ ~ My Commission Expires Aug. 2, 20~ IN The COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MELINDA ANN HOLSINGER BEIDELMAN Plaintiff VERSUS CHRIS M. BEIDELMAN Defendant No. 01-1429 Civil DECREE IN DIVORCE AND N OW,'~'~.,~~ ~,IIT IS ORDERED AND DECREED THAT MELINDA ANN HOLSINGER BEIDELMAN , PLAINTIFF, AND CHRIS M. BEIDELMAN , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THe COURT RETA]NS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The Marital Settlement Agreement, dated December 18, 2001, is incorporated herein by reference but is not merged into this Decree, ATTEST: PROTHONOTARY