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Home My WebLink About01-2158 RICHARD C. BEIDEL, · 1N THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA V. ·CIVIL ACTION - LAW RONNIE J. B EIDEL, 'NO. O/- c~/~-~ CIVIL TERM Defendant ·IN DIVORCE 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 RICHARD C. BEIDEL, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA v. ' CIVIL ACTION - LAW RONNIE J. BEIDEL, ' NO. c9/_ ..~ / ~-? CIVIL TERM Defendant · IN DIVORCE COMPLAINT IN DIVORCE NO FAUI,T 1. Plaintiff is Richard C. Beidel, an adult individual currently residing at 227 Frytown Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Ronnie J. Beidel, an adult individual currently residing at 227 Frytown Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 8, 1996, in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff and the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the fight to request that the Court requires the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (e) of the Domestic Relations Code. COUNT II ADULTERY 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant has committed adultery by having sexual relations with a male individual contrary to her wedding vows and the Plaintiff is the innocent and injured spouse. WHEREFORE, Plaintiff requests you Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (2). Respectfully submitted, Marylo~" M~s,-Es-quire ~4ttorney f o~Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 · _VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. RICHARD C. - ~Pla~tiff - BEIDEL, RICHARD C. BEIDEL, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA V. · CIVIL ACTION . LAW RONNIE j. BEIDEL, ' NO. 01-2158 CIVIL TERM Defendant · IN DIVORCE 1. A. Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on April 11,2001, and served on April ! 7, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERITY THAT THE STATEMENTS MADE IN THE FOREGO~G AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTA~ THAT FALSE STATEMENTS HERE~ ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa C S 4904 , UNSWO~ FALSIFICATION TO AUTHORITIES..: ........ ~ ' · · § RELATING TO DATE: e~, ~.. co / ~ RICI-IA~ C. BF_,ID~I..,, · IN THE COURT OF COM~O~ PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA V. ·CIVIL ACTION . LAW RONNIE J. BEIDEL, ·NO. 01-2158 CIVIL TERM Defendant ·IN DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose fights 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 divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTs HEREIN ARE MADE SUBJECT TO THE PENALTIES OF .-1'~ Pa C S §4904 RELAT UNSWORN FALSIFICATION .~~ TO TO AUTHORITIES / ........ ING ROBIE J. BEID~"' RICHARD C. BEIDEL, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA v. · CIVIL ACTION - LAW RONNIE J. BEIDEL, · NO. 01-2158 CIVIL TERM Defendant · IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 24th day of April, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states a tree and attested copy of a Complaint in Divorce was sent to the Defendant, Ronnie J. Beidel, at 227 Frytown Road, Carlisle, PA 17013, by certified mail, restricted delivery, remm receipt requested. A copy of said receipt is attached hereto indicating that service was made on April 17, 2001. MarYbu(~atas, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscrib[e~to before[ne this ~Z[ day of ~OV\l ,2001 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. (Please · Print your name and address on the reverse so,that we can return the card to you. · Atl~ach this card to the back of the mailpiece, ~~pn the front if space permits, i-I Agent Addressee 1. Article Addressed to: addresS... 'di. item 17 [] Yes ~.j~ t~, ~,., J, ~.'[ ~/~ / If YES, enter deli, below: [~]No /i~l~ Certified Mail I'-I Express Mail I-i Registered I"1 Return Receipt for Merchandise I~] Insu.___~~ Mail [~] C.O.D. 2. Article Nu~C/op~fr, om service label) 4. Restricted Delivery? (Extra Fee) .z~Yes Form 3811, July 1999 Domestic Return Receipt ~ 102595-00-M-0952 Postage $ Certified Fee /. ~.~) ... Return Receipt Fee ~ (EndorsementRequired)~ ~ Restricted Delivery Fee / ' '/,"'~ ~-" (Endorsement Required) ~ Zc ?' .~l' ';'~> ~ ,.., :.,.. ~,.., Total Postage & Fees ..., ':... ............ _.'._. ~ ................... RICHARD C. BEIDEL, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA VS. . · CIVIL ACTION- LAW RONNIE J. BEIDEL, · NO. 01-2158 CIVIL TERM Defendant · IN DIVORCE PETITI N F R NTEMPT AND NOW, comes Petitioner, Richard C. Beidel, by and through his counsel of record, Marylou Matas, Esqui~'e, and petitions the Court as follows. 1. Your Petitioner is the above named Plaintiff, Richard C. Beidel, an adult individual currently residing at 227 Fryetown Road, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Ronnie J. Beidel, an adult individual currently residing at 239 West North Street, Carlisle, Cumberland County, Pennsylvania. 3. The parties were engaged in divorce proceedings in the above captioned action. 4. The parties entered into a Separation and Property Settlement Agreement dated November 27, 2001 hereinafter referred to as the" ,, ' Agreement, which is attached hereto and incorporated herein by reference as Exhibit "A". 5. Paragraph 4.1 of the Agreement provides in part as follows: Debts of the Parties_ The parties acknowledge that they have outstanding debts or liabilities due and owing to: ... 4. Capital One, with an approximate date of separation balance of $202.00; ... 5. Sears, with an approximate date of separation of $154.00; 6. First USA, with an approximate date of separation balance of $2,000.00. From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card debts. Wife shall refinance the accounts into her sole and individual name and will remove Husband's name from said debt within one (1) year of signing this Agreement. 6. Despite repeated requests to do so, Respondent has failed and refused to maintain responsibility and obligation for the repayment of the aforesaid debts. 7. Each of the three creditors listed above has contacted Petitioner demanding repayment of the aforesaid debts. 8. The current outstanding balance of the Capital One debt is $409.63. 9. The current outstanding balance of the Sears debt is $332.11. 10. The current outstanding balance of the First USA debt is $2,559.48. 11. Respondent's failure and refusal to make payment on the aforesaid debts has caused Petitioner to suffer negative credit ratings on his credit report. 12. The Capital One debt has been turned over to a third party agency for collection, and Petition has been contacted for immediate repayment. 13. Respondent is in contempt of the parties' Separation and Property Settlement Agreement dated November 27, 2001. 14. Paragraph 6.12 of the parties' Separation and Property Settlement Agreement provides as follows: In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of such breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. , 15. Due to Respondent's contempt, Petitioner is entitled to compensation, not only for the specific payments that she was required to make to the aforesaid creditors, but also for costs, interest and attorney's fees incurred in these proceedings. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon Respondent to show cause, if any she has, as to the following: 1. Why Respondent should not be adjudged in contempt of the parties' Separation and Property Settlement Agreement dated November 27, 2001; 2. Why Respondent should not be obligated to compensate Petitioner for all costs, fees, expenses, late fees, interest and legal fees he has incurred due to Respondent's contempt and Petitioner's processing of the within claim; 3. Why Respondent should not be wage attached in an amount sufficient to make acceptable monthly payments to the aforesaid creditors until the debts are paid in full; 4. Why the Court should not grant other such relief as it deems equitable and appropriate. Respectfully submitted, GRIFFIE & ASSOCIATES M~~ ~a~s, Esquire Attorney~r Petitioner 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are tree 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. RICHARD C. BEIDEL THIS~4GREEMENT, made this ~ ~ between RONN1E .I. BEIDEL, of 227 Fry Town Road, Carlisle, Cumberland. County, Pennsylvania, party of the first part, hereinafter referred to as "YYife", C '-- '~T"I -U C.:'>' T-~ - '~-' RICHARD 'C BEIDEL, of 227 Fry Town Road, Carlisle, Cumbe~~iC~un~,.~...~"-?, ..... : C/:.,J .~i!~;; ,.,.~ ... -~._ ..:::.. ~...~ ~.~-.. ~ ~, .... ~ _: ........ ~.,:.,.~ WHF_3~_.AS, Z-Zusb~d a~d W'~e were ma,'~ed on .Tuly S, ]996, in ~ewvUIe, Cumberland County, Pennsylvania; and · , ; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least thepast six months; .. WttEREAS, certain differences have arisen between the parties hereio which have made them desirous of living separate and apart fi'om one another; and · WttERE~, Husband and Wife desire to settle and determine certain of their marital fights.and obligations, and'm-,tke an. equi:~le distribution oft,heir ,,marital property, det, ennine their fights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle ail financial and property fights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the Exhibit "A" resolution of their mutual differences, at~er both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinaf[er and for other good and valuable consideration, and intending to be legally bound and to legally bind l their heirs, successors, assigns, and personal · . representatives, do hereby covenant, promise and agree as follows:. ,4_~R TICL E I SEPA~~~N /.1 It shall be lawful for Husband and W'ff'e at aH' times herea~er to live separate and apart · from each other and to reside from time to time at such place or places as they shah respectively : deem fit flee from any control, restraint, or interference, direct or indirect, by each other. Neither party shah molest the other or compel or endeavor to compel the other to c~habit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an · , admission on the part of either Husband or W'fie of the lawfulness of the causes leading to them li;~mg separate and apo,~rt. AR TICL E II DIVORCE 2.1 This Agreement is not predicated on divorce..It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby wan'ant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevem either party from defending any such action which has been, may, or shah be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and W'ffe, each to the other, that this Agreemem is lawfial and enforceable and this warranty, covenant, and representation is made for . the specific purpose of inducing .Husband and 'Wife to execi~te the Agreement. Husband and W'ffe each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and W'~e do each hereby warrant, covenant and agree that, in any possible · event, he and she are and shall forever be estoppi~d fi'om asserting any illegality or unenforceability as to aH or any part of this Agreement. 2.2 ' It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each' party as a final settlement for aH purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shah not be affected in any way by any such separation and divorce. 2.3 This Agreement shah survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shaH be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such ~ecree. ._ ~IR TICL E Ill $.1 . The parties have attempted to divide their marital property in a manner which Conforms to the criteria' set forth in the Pennsylvania Divorce Code, and taking into account the following · · considerations- the length of the marriage; the prior marriages of the parties; the age, health, . station, amount and sources' Of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or incr~ earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not' limited to medical, retirement, insurance or o~er benefits; the contribution or dissipation of each p~ in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart, to each' party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the · property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all fights of equitable distribution of the parties. 3.3 Personal Prop~ The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, and other tangible or intangible property in their possession that they wish to have and neither party will make any claim whatsoever against the other party for any items of personal property or assets that is in the other parties' possession. · 3.4 L~i£e Insurance; Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other party. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. ~ 3.$ Subse uentl Ac uired Pro · HUsband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any fight in such property that may arise as a result of the marriage relationship. 3.6 Pension Retirement Pro t-$han'n . Wife agrees to waive, relinquish or transfer any and all of her fight, title and interest she has or may have in her 'individual capacity, or as Husband's Wife in any and all pension, retirement, profit_Sharing, stock options or similar accounts with Husband's present employers or past employers of which Husband has secured independently. Husband agrees to waive, relinquish or transfer any and all of her right, title and interest · he has or may have in his individual capacity or as W'~e's Husband in any and all pension, · retirement, profit-sharing, stock options or similar accounts with Wife's present employers or past employers of which Wife has secured independently. 3.7 Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1992 Chevy Lumina Van, which was originally titled in the parties' names jointly. Wife shall execute the title of the vehicle within fifteen (15) · days of being requested to do so by Husband or Husband's legal counsel to HUsband,s name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle fi'om the date of execution of this Agreement forward. The parties acknowledg6 that Husband has and shall retain sole and exclhsive ownership and possession of a certain 1985 Chevy S-10 Pickup Truck, which was originally titled in Husband's name individUally. W'd'e shall make no claim whatsoever relative to access to or use of .. the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. · The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain all-terrain vehicle, which was originally tiffed in Husband's name individually. Wife shall make no claim whatsoever relative to access t° or use of the aforesaid . vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle fi'om the date of execution of this Agreement forward. 3.8 ~ The parties have already transferred or waived fights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fn°teen (15) days of signinE this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial ~unts or other investments or intangible personal property that have already been 'retained by that party as described -herein. 3.9 Real Estate. The parties acknowledge that Husband is the owner of real state located at 227 Fry Town .Road, Carlisle, cumberland County, Pennsylvania. The property is encumbered with a mortgage due and owing to U.S. Bank, requiring a monthly payment of approximately $500.00. In addition, the aforesaid real estate is encumbered by a second mortgage due and owing to U.S. Bank, requiring a monthly l~ayment of approximately $342.00. Husband shall be solely and exclusively responsible for making any and all payments and meeting any and all financial commitments due and owing on the aforesaid mortgage to U.S. Bank. Husband shall indemnify X~Fffe and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid mortgages. From the time of execution of this Agreement forward, and upon the parties' compliance with all terms of this Agreement, ~Fffe waives and relinquishes any and all right, title and interest in the aforesaid real estate. ARTICLE ~ DEBTS OF THE pARTIES 4.1 The parties acknowledge that they have outstanding debts or liability due and owing to: 1. M & T Bank, with an approximate date of separation balance of $10,139; 2. Lowes/MBGA, with an approximate date of separation balance of $2,800; o . 3. FNANB/Circuit City, with an approximate date of separation balance of $140; 4. Wachovia Bank, with an approximate date of separation balance of $2860. From the date of execution of this Agreement forward, Husband shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or. collection activity of any nature whatsoever relative to the aforesaid credit card debts. HUsband · , shall refinance the accounts into his sole a~d individual name and will remov~ %V'ffe's name from said debt within one (1) year of signing this Agreement. The parties acknowledge that they have outstanding debts or liabilities due and owing to: 1. Boscov's, with an approximate date of separation balance of $645; 2. Bbn-Ton, with an approximate date of separation bklance of $80; 3. MBNA, with an approximate date of separation balance of $365;/'~ 4. Capitol One, with an approximate date of separation balance of $202; 5. Sears, with an approximate date of separation balance of $154; 6. First USA, with an approximate date of separation balance of $2000. " From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card debts. Wife shall refinance the accounts into her sole and indMdual name and will remove Husband's-name from said debt · within one (1) year of signing this Agreement. 4.2 Each party represents to the other that except as otherwise specifically set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties' and that since the separation neither party has contracted for any debts for which the other will be responsible, and each party indemnifies and holds harmless the other for aH obligations separately incurred or assumed under this Agreement. · · ARTICLE V AL1MONY~ ALIMONY P~_ DENTE LITF~ SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties specifi~y are aware of, acknowledge and understand their right to demand alimony, Alimony Pendente Lite (APL) and support and hereby waive their right to these claims against the other now. and in the future. Both parties agree not to make a claim for alimony, APL or support now or during any furore divorce proc~gs between the parties or at any time thereafter. .. '- ..ARTICZE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have had the opportunity to review the provisions of this Agreement and further have had the opportunity to secure legal counsel and advice relative to the legal effect to this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection or that they have specifically chosen with full knowledge and on their on volition, to not seek legal advice relative to this Agreement. They further acknowledge that they fully understand the facts that are the basis of flxis Agreement. They acknowledge and accept that this AgreemerR is being entered into freely and voluntarily after having, the opportunity to receive legal advice and within the knowledge that execution of this Agreemem is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. Mutual Release._ Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of bach other, for all times to come and for all purposes whatsoever, of and. from any and all fight, rifle and interest, or Claims in or against the property (including income and gain from property hereaft~ accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at · ' an~ time herea~er may have against such other, the estate of such other, or any part thereof; whether arising out of any former acts, comracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature o~' dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the fight to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving 'spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory Of the United States, or (c) any other country, .or-any rights which either party may have or at any time herea~er have for past, Present, or furore support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the m~tal relation or otherwise, 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 thereof. It is the intention of Husband and W'fie to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreemem or for the breach of any thereof. I[3 Warranties. Each party represents that they have not heretofore 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 providecl for in this Agreement. Each party agrees to indemnify or hold the other par~ harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each 'warrant, covenant, represent and agree that each will, now and at all i · tirrles hereaRer, save harmless and keep the other indemnified from all debts, charges, an~l liabilities incurred by the' other after the execution date of this Agreement, except as is otherwise sp&cifically provided for by the terms of this Agreement and that neither of .them here~er incur any liability whatsoever for which the estate of the other may be liable. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequem default of the same or similar nature. &$ Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shah inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. · This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. Severabili~. If any term, condition, clause, section, 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'aH other respects, this .. Agreement shah be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. ~11 Disclosur& The parties each warrant and represent 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 party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreemem. ~12 · · , En orceabili and Consideration. This Agreemem shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, .either at law or in equity, to enforce 'the terms of the Agreement by either Husband or Wife until it shall have been fidly satisfied and performed. The i consideration for this contract and agreement is the mutual benefits to be obtain~ by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for aH agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either . party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shah have the fight, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~TNESSED BY: · '.. ~'~-~-t--~.,~: \ i ~ r~~. ~~ . '~ ;~,~ Date ROBIE ~ B~EL i i . COMMONWEAL~ OF PENNSYLVANIA · COUNTY OF ~-~U ~h ~~'0 . On this (~T? day of ~c~~ ~ ~ · , 2001, before me, the undersigned officer, personally appeared Ronnie J. Beidel, known to me (or satisfactory proven) to be the person whose name is subscribed to the within .Agreement and acknOwledged that she executed the same for the pu .rpose therein comained. : . IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL JUDIT'H ANN VALENTINE, Notary Public Carlisle, Cumberland County CO~ONWEALT~ OF PENNSYLVANIA · My Commission Expires Nov. 12, 2002 · . On this '~/ day of p4~i'~i~/~/r , 2001, before me, the undersigned officer, personally appeared Richard C. Beidel, known to me (or satisfactory proven) to be the person whose name is subscribed to the Within Agreement and acknowledged that he executed the same. for the purpose therein contained. IN WITNESS WIIEREOF, I hereunto set my hand and official seal. RICHARD C. BEIDEL, · IN THE COURT OF COMMON PLEAS OF Plaintiff 'CUMBERLAND COUNTY, PENNSYLVANIA VS. RONNIE j. BEIDEL, ' CIVIL ACTION. LAW · NO. 01-2158 CIVIL TERM Defendant · 1N DIVORCE AND NOW this ~ day of_~~~~.~, 2002, upon presentation and consideration of the within Petition, a Rule is hereby issued upon the Defendant~espondent, Ronnie j. Beidel, to show cause, if any she has, as to why the relief requested by Petitioner, Richard C. Beidel, should not be granted. A hearing shall be held on ~~~"~~ ,~th e day of 002, a~ '~Z~~.~. in Co~roo~ ~o~ ,a~ Cu~~r~an~ County Courthouse, Chambersburg, Pennsylvania. cc: ~l'arylou Matas, Esquire Attorney for Plaintiff/Petitioner ~l~onnie J. Beidel, Pro Se RICHARD C. BEIDEL, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA V. ·CIVIL ACTION . LAW RONNIE J. BEIDEL, ·NO. 0!-2158 CIVIL TERM Defendant ·IN DIVORCE AFFIDAVIT F N ENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on April 11,2001, and served on April 17, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING 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: //~~O / C. BEIDEL, Plaintiff RICHARD C. BEIDEL, · 1N THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · V. ·CIVIL ACTION . LAW RONNIE J. BEIDEL, ·NO. 0!-2 ! 58 CIVIL TERM Defendant ·IN DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose fights 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 divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE iN THE FOREGOING 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 RICHARD C. BEIDEL, Plaintiff RICHARD C. BEIDEL, ' IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNYSLVANIA v. ' CIVIL ACTION- LAW RONNIE J. BEIDEL, ' NO. 01-2158 CIVIL TERM Defendant ' IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the 23ra day of September, 2002, cause a copy of Plaintiffs Petition for Contempt and related Order of Court dated July 12, 2002 to be served upon Defendant by personal service at her place of employment at the following location: Ronnie J. Beidel Wal-Mart Carlisle, PA 17013 DATE:_ 9'~/~._37C.;Z_ -.---',' 7 -- : ..,, Attorneyfi r Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 RICHARD C. BEIDEL, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · v. · 01-2158 CIVIL TERM · RONNIE j. BEIDEL, · CIVIL ACTION - LAW Defendant · IN DIVORCE IN RE- PETITION FOR SPECIAL RELIEF QRDER OF COURT AND NOW, this 25th day of September, 2002, after hearing, the Petition for Special Relief will be ~ranted. The Defendant is directed to reimburse the Plaintiff in the amount of $1,530.00, representin~ debts he compromised on her behalf. She is also directed to reimburse him an additional $375.00 for legal fees incurred in this matter. The Defendant shall pay Plaintiff $20.00 per month commencin~ October 1, 2002, continuin~ until such time as all sums are paid in full. Provided, that 50 percent of any income tax refund shall also be ~iven to the Plaintiff each year until such time as this entire amount is paid in full. Edward E. Guido, j. /~arylou Matas, Esquire Attorney for Plaintiff /~onnie J. Beidel ' 239 West North Street ' Carlisle, PA 17013 Defendant, Pro se srs ,0~ .. VINV/~,"IASNNEId ~....,.,,..,,,., ,. ...... iAINO L~:! i,!d 9Zd3SZO · , · · THIS AGREEMENT, made this .~ ~4~ day of .~J c) ~/~ff~ ~f ,2001, by ~d between ROBIE ~ BEIDEL, of 227 F~ To~ Road, C~lisle, Cumberl~d Count, Pe~sylv~~ p~ of the first p~, herein~er refe~ed to ~ "~f~', A~ ~CH~ C BEIDEL, of 227 Fo/ To~ Road, C~lisle, Cumberl~d Count, Pe~sylv~~ p~ of the second p~, herein~er refe~ed to as "Husban~', ~~SSE~: WHEREAS, Husband and Wife were married on July 8, 1996, in New,lie, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital fights and obligations, and m'~e an equi:able distribution ofthe~- marital property, determine their fights to alimony and support and any other matters which may be considered under the Divorce Code; and Wt~REAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle ..all financial and property rights between them; and WttEREAS, the parties hereto have mutually entered imo an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. . NOW, THEREFORE, the parties hereto, in consideration of' the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do he, reby covenant, prom.:se and a~ee as follows: ~R TICL F. l 1.1 It shall be lawful for Husband and Wife at al/times hereaRer to live separate and apart from each other and to reside from time to time at such pla¢~ or places as they sba/! respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or ¢ompe! or endeavor to compel the other to cohabit or dwel/with him or her by any lega/or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of th~ causes leadin8 to them li~-~ng separate and apart. J__R TICL E I1 DIVORCF~ 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto ~om commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and 'Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specific~ly understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.$ This Agreement shah survive any decree in divorce and shah be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shah be incorporated into any decree, divorce or separation, hut it shah not be deemed merged in such decree. o · · · A R TICL E III $.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increase~ earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. $.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all fights of equitable distribution of the parties. ,, ! , s · · · o · ,, 3.3 Personal PropertF. The parties acknowledge that they have divided their personal property, tangible and intangible, to theft mutual satisfaction. The parties acknowledge that they have the cash, accounts, and other tangible or intahgible property in their possession that they wish to have and neither party will make any claim whatsoever against the other party for any items of personal property or assets that is in the other parties' possession. Life Ins#fane& Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other party. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any fights on such policies to the respective party who presently owns such policies. 3.$ SubsequentlF Acquired PropertF; Husband and Wife agree to waive and relinquish any and all fight that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any fight in such property that may arise as a result ofthe marriage relationship. 3.6 .Pension~ Retirement, Profit-Sharine. Wife agrees to waive, relinquish or transfer any and all of her fight, title and interest she has or may have in her individual capacity or as Husband's Wife in any and all pension, retirement, profit-sharing, stock options or similar accounts with Husband's present employers or past employers of which Husband has secured independently. Husband agrees to waive, relinquish or transfer any and all of her fight, title and interest he has or may have in his individual capacity or as Wife's Husband in any and all pension, , · · · · , · . · · retirement, profit-sharing, stock options or similar accounts with Wife's present employers or past employers of which Wife has secured independently. 3.7 ..Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1992 Chevy Lumina Van, which was originally titled in the parties' names joimly. Wife shall execute the title of the vehicle within fifteen (15) days of being requested to do so by Husband or Husband's legal counsel to Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1985 Chevy S-10 Pickup Truck, which was originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain all-terrain vehicle, which was originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid . vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3.8 Intangible Personal Property. The parties have already transferred or waived fights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (1 $) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. 3.9 Real Estate. The parties acknowledge that Husband is the owner of real state located at 22? Fry Town Road, Carlisle, Cumberland County, Pennsylvania. The property is encumbered with a mortgage due and owing to U.S. Bank, requiting a monthly payment of approximately $500.00. In addition, the aforesaid real estate is encumbered by a second mortgage due and owing to U.S. Bank, requiting a monthly payment of approximately $342.00. Husband shall be solely and exclusively responsible for making any and all payments and meeting any and all financial commitments due and owing on the aforesaid mortgage to U.S. Bank. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid mortgages. From the time of execution of this Agreement forward, and upon the parties' compliance with all terms of this Agreement, Wife waives and relinquishes any and all right, title and interest in the aforesaid real estate. ARTICLE I~ DEBT~-~OF THE PARTIES 4.1 The parties acknowledge that they have outstanding debts or liability due and owing to: 1. M & T Bank, with an approximate date of separation balance of $10,139~ 2. Lowes/MBGA, with an approximate date of separation balance of $2,$00~ 3. FNANB/Circuit City, with an approximate date of separation balance of $140; 4. Wachovia Bank, with an approximate date of separation balance of $2860. From the date of execution of this Agreement forward, Husband shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card debts. Husband shall refinance the accounts into his sole and individual name and will remov~ .~'.~Vife's name from said debt within one (1) year of signing this Agreement. The parties acknowledge that they have outstanding debts or liabilities due and owing to: 1. Boscov' s, with an approximate date of separation balance of $645; 2. Bon-Ton, with an approximate date of separation balance of $80; 3. MBNA, with an approximate date of separation balance of $365;/~ 4. Capitol One, with an approximate date of separation balance of $202; 5. Sears, with an approximate date of separation balance of $154; 6. First USA, with an approximate date of separation balance of $2000. From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection a~vity of any nature whatsoever relative to the aforesaid credit card debts. Wife shall refinance the accounts into her sole and individual name and will remove Husband's name from said debt within one (1) year of signing this Agreement. o 4.2 Each party represents to the other that except as otherwise specifically set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, them are no major outstanding obligations of the parties' and that since the separation neither party has contracted for any debts for which the other will be responsible, and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY~ ALIMONY PENDENTE LITF~ SPOUSAL S UPPOR T AND MAINTENANCE $.1 The parties specifically are aware of, acknowledge and understand their fight to demand alimony, Alimony Pendente Lite (APL) and support and hereby waive their fight to these claims against the other now and in the furore. Both parties agree not to make a claim for alimony, APL or support now or during any future divorce proceedings between the parties or at any time therea~er. ARTICLE FI .MISCELLANEOUS PROVISIONS &l Advice of Counsel. The parties acknowledge that they have had the opportunity to review the provisions of this Agreement and further have had the opportunity to secure legal counsel and advice relative to the legal effect to this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection or that they have specifically chosen with full knowledge and on their on volition, to not seek legal advice relative to this Agreement. They further acknowledge that they fully understand the facts that are the basis of this Agreement. They acknowledge and accept that this Agreemont is being entered into freely and voluntarily after having the opportunity to receive legal advice and within the knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. Mutual Rele_a_~e~ Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other fights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the · · · other now owns or may herea~er acquire, except and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. &3 Warranties. Each party represents that they have not heretofore 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 ma3' be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereaf[er, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other al[er the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shah be deemed a waiver of any subsequent default of the same or similar nature. Husband and Wife covenant and agree that they will forthwith execute any and aH written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to can3r fully and effe~ively the terms of this Agreement. · · J · . , · , · , · · 6.6 This Agreement shah be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shah be binding and shah inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. This Agreement constitutes the entire understanding of the parties and supersedes any and aH prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.9 S~erabilitF.. If any term, condition, clause, section, or provision of this Agreement shah be determined or declared to be void or invalid in law or otherwise, then only that ter~ condition, clause or provision shah be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shah in no way void or alter the remaining obligations of the parties. It is specifically understood and agreeA that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosur~ The parties each warrant and represent 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 party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and aH other facts relating to the subject matter of this Agreement. &12 En orceabili and Consideration. This Agreemem shah survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shah be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the fight, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. · · · . 1N WITNESS WttEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: · , . ~. ,.. .- ~ ......... ~,~,o~ ' ,~, .~ Date Date RICHAR~ C. BEI:DEL · CO~O~Ar~ O~ ~E~SV~V~ . COV~¥ OS O..V ~ ~'0 On this ~T~ day ct ~~~ ~~ , , 2001, before me, the undersized officer, person~ly app~ed Ro~e J. Beidel, ~o~ to me (or ~tisfa~o~ proven) to ~ ~e person whose n~e is subsc~bed to the ~t~n Agreement ~d ac~wledg~ that she ex~t~ the ~e for the pu~ose therein ~nt~ned. ~ ~~SS ~~OF, I hereumo ~t my h~d ~d offici~ ~. ,. CO~O~~~ OF PE~S~V~A . o~~r, person~ly appe~ed ~ck~d C. ~eidel, ~o~ to me (or ~tistaao~ proven) to ~ tke per~n w~ose ~e is subscribed to the ~t~n A~eement ~d ac~owl~ged t~t ke ex~t~ tke ~me for the pu~ose therein ~nt~ned. ~ ~~SS ~~OF, I hereumo set my ~d ~d offici~ ~. RICHARD C. BEIDEL, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · · CIVIL ACTION - LAW V. RONNIE J. BEIDEL, · NO. 01-2158 CIVIL TERM Defendant · IN DIVORCE 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) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: By certified mail, restricted delivery to Defendant, Ronnie J. Beidel, on April 17,2001. 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 November 27, 2001 by Defendant: September 6, 2001 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 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 to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in {}3301 (c) Divorce was filed with the Prothonotary: December 3, 2001 Date defendant's Waiver of Notice in {}3301 (c) Divorce was filed with the Prothonotary' September 20, 2001 Ma Attorney for Plaintiff ::.~ .... '-r~ ~.3 ~:'~ :) I'll r 'i' · ,.. '.~ '.--.~ .; ..... ~ C"' ~ '. ..... r"~ CC..' .:"' o_.~ .... ~ r .... Z2d .-" · ~'~. C':, --- ' · · ...... IN The COURT OF COMMON PLEAS (DF CUMBERLAND COUNTY StA'FE OF ~ PENNA. · __~_T_{".I-IA RTl ('. RI~.TT'iI~'.T._ l~ O. (11 - 71 ~,o, {"'.TVTT. "['F.I~M VERSUS __R{'}NNTE ..T. RP. ThP. T.; ..... DEC tee IN .. DIVORCE ~ ?.'o ~ ~.A. AND NOW, , , IT IS ORDERED AND DECREED THAT R~chbrd C. Beidel , PLAINTIFF, R^4 A^ I , DEFENDANT, AN D P.o:.". i c ~T ....... , 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; __~ovember 2 7 ' ed. By Th ATTESt' J' PROTHONOTARY · · . i THIS/I GREEMENT, made this ~ t~ day of ]~J ~,, ~_4~ ~/- , 2001, by and between RONNIE .12. BEIDEL, of 227 Fry Town Road, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Bqfe", CZ ----. -",'1 RICH. dRD C BEIDEL, of 227 Fry Town .Road, Carlisle, Cumbe~.d Pennsylvania, party of the second part, hereinafter referred to as i~/:--:~ · .: ~-'~-', : "Husband", . ""~ ?'~i. '-._'~i~ .-.-" .""~- ~_-_~ .~..-. - ?-._._. .~ . _ ~.:'..-.! WHEREAS, Husband and W'ffe were manied on July 8, 1996, in Ne~e, Cumberland County, Pennsylvania; and , I' WHEREAS, Husb~d and Wife ar~ residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; · · WHEREAS, certain differences hav~ arisen between th~ parties hereto which have mad~ them desirous of' living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine ce~ain of their marital nga,s and obligations, and make an '-~ eqm,~le distribution o£theL- marital property, determine their fights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective fights and duties of the parties while they continue to live apart from each other and to settle all financial and property fights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreemem reduced to writing. NOW, TItEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind' their heirs, successors, assigns, and personal . representatives, do hereby covenant, promise and agree as follows: : A R TICL E I SEPARATION 1.1 It shall be lawful for Husband and Wife at all' times hereafter to live separate and apart , · from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any comrol, restraint, or interference, direct or indirect, by each other. Neither . party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or W'te of the lawfiflness of the causes leading to them !i;~.ng separate and apart. ARTICLE II DIVORCE 2.1 This Agreemem is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawfial and enforceable and this warranty, covenant, and represemation is made for . the specific purpose of inducing Husband and 'Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenfor~le in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any 'possible , event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 9_.2 ' It is further specifi~y understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreemem hereby consents and agrees that this Agreement and all its covenants shall not be afl, ed in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such A R TICL E III E O UITA BL E DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations' the length of the marriage; the prior marriages of the parties; the age, health, station, amoum and sources Of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the comribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or otli. er benefits; the contribution or dissipation of each p~ in the acquisition, preservation, depreciation, or appreciation of marital property, including the comribution of a party as a homemaker; the value of the property set apart, to each' party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected withom the introduction of outside funds or other property not constituting marital property. The division of property under this Agreemem shall be in flail satisfaction of all fights of equitable distribution of the parties. 3.3 Personal Propertw. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, and other tangible or intangible property in their possession that they wish to have and neither party will make any claim whatsoever against the other party for any items of personal property or assets that is in the other parties' possession. · $°4 Life Insuranc~ Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other party. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the reSPective party who presently owns such policies. 3.$ Subsequently Acquired Propertw. Husband and Wife agree to waive and relinquish any and all fight that he or she may now have or hereafter acquke in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension, Retirement, Proi~t-$harin~. Wife agrees to waive, relinquish or transfer any and all of her fight, title and interest she has or may have in her individual capacity or as Husband's Wife in any and all pension, retkement, profit-sharin~ stock options or similar accounts with Husband's present employers or past employers of which Husband has secured independently. Husband agrees to waive, relinquish or transfer any and all of her right, title and interest he has or may have in his individual capacity or as Wife's Husband in any and all pension, retirement, profit-sharing, stock options or similar accounts with Wife's present employers or past employers of which Wife has secured independently. $.7 Vehicles._ The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1992 Chevy Lumina Van, which was originally titled in the parties' names jointly. Wife shall execute the title of the vehicle within fifteen (15) . days of being requested to do so by Husband or Husband's legal counsel to HUsband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. , The parties acknowledge that Husband has and shall retain sole and excllasive ownership and possession of a certain 1985 Chevy S-10 Pickup Truck, which was originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the afore~d vehicle from the date of execution of this Agreemem forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain all-terrain vehicle, which was originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no owners~p claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3.8 lntaneible Personal Propertw. The parties have already transferred or waived fights and interest in other intangible personal property, including their various bank accoums, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of' any nature whatsoever against the other party relative to the financial accounts or other investmems or intangible personal property that have already been retained by that party as described herein. 3.9 Real Estate. The parties acknowledge that Husband is the owner of real state located at · 227 Fry Town Road, Carlisle, Cumberlantl County, Pennsylvania. The property is encumbered with a mortgage due and owing to U.S. Bank, requiting a monthly payment of approximately $500.00. In addition, the aforesaid real estate is encumbered by a second mortgage ' due and owing to U.S. Bank, requiring a monthly l~ayment of approximately $342.00. Husband shall be solely and exclusively responsible for making any and all payments and meeting any and all financial commitments due and owing on the aforesaid mortgage to U.S. Bank. Husband shall indemnify Wife and hold her ham~ess fi'om and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid mortgages. From the time of execution of this Agreement forward, and upon the parties' compliance with all terms of this Agreement, W'ffe waives and relinquishes any and all fight, title and interest in the aforesaid real estate. A~R TICL E IV DEBTS OF THF~ PARTIF~$ 4.1 The parties acknowledge that they have outstanding debts or liability due and owing to: 1. M & T Bank, with an approximate date of separation balance of $10,139; 2. Lowes/MBGA, with an approximate date of separation balance of $2,800; 3. FNANB/Circuit City, with an approximate date of separation balance of $140; '-. 4. Wachovia Bank, with an approximate date of separation balance of $2860. From the date of execution of this Agreement forward, Husband shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card debts. Htlsband . shall refinance the accounts into his sole and individual name and will remove'Wife's name from said debt within one (1) year of signing this Agreement. The parties acknowledge that they have outstanding debts or liabilities due and owing to: 1. Boscov's, with an approximate date of separation balance of $645; 2. B0n-Ton, with an approximate date of separation bklance of $80; 3. MBNA, with an approximate date of separation balance of $365; ?~ 4. Capitol One, with an approximate date of separation balance of $202; 5. Sears, with an approximate date of separation balance of $154; 6. First USA, with an approximate date of separation balance of $2000. " From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnify Husband and hold him harmless from and against any and all demands for paymem or collection activity of any nature whatsoever relative to the aforesaid credit card debts. Wife shall refinance the accounts into her sole and individual name and will remove Husband's name from said debt within one (1) year of signing this Agreement. 4.2 Each party represents to the other that except as otherwise specifically set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties' and that since the separation neither party has contracted for any debts for which the other will be responsible, and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ,A, RTICLE F' AL~ONY~ AL~ONY PENDENTE LITE, SPOUSAL SUPPORT AND MAINTENANCE The parties specifically are aware of, acknowledge and understand their fight to demand ,. alimony, Alimony Pendente Lite (APL) and support and hereby waive their fight to these claims against the other now and in the furore. Both parties agree not to make a claim for alimony, APL · or support now or during any furore divorce proceedings between the parties or at any time thereffier. ' " ARTICLE Fl MIS CELLA NE 0 US PR 0 VISIONS 6.1 ,,Advice 0[' Counsel. The parties acknowledge that they have had the opportunity to review the provisions of this Agreemem and further have had the opportunity to secure legal counsel and advice relative to the legal effect to this Agreemem. The parties acknowledge that they have either received independent legal advice from counsel of their own selection or that they have specifically chosen with full knowledge and on their on volition, to not seek legal advice relative to this Agreement. They further acknowledge that they fully understand the facts that are the basis of this Agreemem. They acknowledge and accept that this Agreemem is being emered into freely and voluntarily after having the opportunity to receive legal advice and within the knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. &2 , Mutual Releuse: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of ~Uch other, for all times to come and for all purposes whatsoever, of and from any and all fight, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or She now has or at an~ time hereaf[er may have against such other, the estate of such other, or any part thereof~ whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other fights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, Co) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereaf[er have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, aH rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a fi~, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereat~er 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 thereof. ~3 Warranties. Each party represents that they have not heretofore 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 ma}, be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of' this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all · times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise sp&cificaHy provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of' the terms of this Agreement shah be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assigrunents, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. This Agreement shah be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. &7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. ~S ' . This Agreement constitutes the entire understanding of the parties and supersedes any and aH prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. !' Severabilit~. If any term, condition, clause, section, or provision of this Agreement shall be detem~ed or declared to be void' or invalid in law or otherwise, then only .that term, condition, clause or provision shah be stricken fi'om this Agreement, and in ali other respects, this . . Agreement shah be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 . It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. ~11 Disclosur~ The parties each warrant and represent 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 party has an interest, of the sources, and amount of' the income of' such party of' every type whatsoever, and all other facts relating to the subject matter of' this Agreement. 6.12 . ~ This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreemem is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreemems of each of the parties to the other. The adequacy of the consideration for all agreemems herein contained in stipulated, confess~ and · admitted by the parties, and the parties intend to be legally bound hereby. In the event either · . party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: F ' · ,~. · -~ ~'-".-.e--,,,~, ' ' - , ~/"' ' '" ...... ~'~ '~'" d"~,~. Date RONNIE J. ., ,n """1 : ,. . Date R/CHARD C. BEIDEI. CO~O~aVE~T~ OV VE~SVrV~ . COV~¥ O~ Cv ~ ~ 0 ~ . On t~s ~T~ day of ~~~ ~~ , , 2001, before me, the ~dersi~ed officer, personflly appe~ed Ro~e J. Beidel, ~o~ to me (or ~tisfa~o~ proven) to ~ the person whose n~e is subscribed to the ~t~n A~eemem ~d ac~owledged that sM ex~t~ the ~e for the pu~ose there~ ~m~ned. , ~ ~~SS ~OF, I here~to ~t my h~d ~d offici~ s~. CO~O~~~ OF P~S~V~ · CO--OF ~.[ ~ [~.~..~ . On t~s '~ day of ~[~~{P~~f ,2~1, be. re me, the ~dersi~~ oa~r, p~r~ay ~pp~~d Ec~d C. ~dd~l, ko~ lo m~ (or ~li~t~ao? pror~) to k th~ permn who~ n~e is sukscfiked to the ~t~ A~eement ~d ac~owledged ~at he ex~t~ ~e ~e for the pu~ose there~ ~nt~ed. ~ ~~SS ~~OF, I hereunto set my h~d ~d o~cid s~. 0000000 9 4121741436583863 O0 0409630010000068002 Please print address changes below using blue or black ink CREDITOR; CAPITAL ONE SERVICES, ]:NC, REFERENCE' 4121741436583863 Street ApL - BALANCE' $409.63 ci~ ~, zip Home Phone Alternate Phone 05/31/2002 CAPITAL ONE '"'1 ATTN: PAYMENT REMITTANCE I,,mlll,,mlll,,,,,,ll,,ll,l,,,ll,,,I,i,l,,ll,,,,I,II,,,I,l,,ll r P.O. BOX 85147 RICHARD C BEIDEL A226 RICHMOND, VA 23276-0001 227 FRYTOWN RD EY17 I,,I,l,,ll,,,I,II,,,I,II,,ll,,,ll,,,ll,,,,,,ll,l,,ll,,,ll,,I,I CARLISLE PA 17013-7756 CAi Please write your account number on your check or money order made payable to Capital One Bank and mail in the enclosed envelope. DEAR RICHARD C BEIDEL' CAPITAL ONE SERVICES, INC. HAS ASSIGNED YOUR DELIQUENT ACCOUNT TO OUR AGENCY FOR COLLECTION. PLEASE REMIT THE BALANCE LISTED ABOVE IN THE RETURN ENVELOPE PROVIDED. -TO OBTAIN YOUR MOST CURRENT BALANCE INFORMATION PLEASE CALL 1-800-916-9006. OUR FRIENDLY AND EXPERIENCED REPRESENTATIVES WILL B~ GLAD TO ASSIST YOU AND ANSWER ANY QUESTIONS YOU MAY HAVE. THIS IS A COMMUNICATION FROM A DEBT COLLECTION AGENCY. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UNLESS YOU NOTIFY THIS OFFICE WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, OUR OFFICE WILL ASSUME THIS DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN 30 DAYS FROM RECEIVING THIS NOTICE THAT YOU DISPUTE THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL OBTAIN VERIFICATION' OF THE DEBT OR OBTAIN A COPY OF A JUDGMENT AND MAIL YOU A COPY OF SUCH JUDGMENT OR VERIFICATION. UPON YOUR WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THIS OFFICE WILL PROVIDE YOU WiITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. ' · ..! 10024 SKOKIE BLVD CREDIT CORP. oo?? .o37 { I FAX- 847-673-8165 ht tp: //www. vanru, com AUG 6 2002 RICHARD C BEIDEL 227 FRYTOWN RD CARLISLE PA 17013-7756 RE: CAPITAL ONE ACCOUNT NUMBER: 4121741436583863 VR FILE NUMBER: 3898151 CLIENT/VR BALANCE: 459.35 DEAR: RICHARD C BEIDEL This office has been authorized to accept $230.00 as final settlement on the account listed above. The FULL PAYMENT is due in the amount of $230.00 and is to be received no later than 08/31/02. The above arrangement is the settlement in full and final payment of the account listed above. Please contact our office immediately at 800-477-0777 for specific instructions that need to be followed in order to confirm acceptance and compliance of this arrangement. This communication is from a debt collector attemptin~ to collect a debt and any information obtained will be used for that purpose. Please contact our office at 800-477-0777 for further information. Sincerely, CAPITAL ONE Van Ru Credit Corporation Page- .. ._. _ . T"{'-: CtLAlqSACTION STMT FORMAT 02/09/18 12.03 . 55 STFD 1 STMT CC, 96 .DP EBS.!" MS 50852 ACTION COMPLETE ACTION CO!D PROD COi0'q~ DDA ACer -':~: 8 .il 24224 89 SHORT NAME BEIDEL RICHARD C CURR C. CDE ~k3.-.~.i'.',....: 5 SEARCH FROM 102/07/24 THRU 102/09/13 ACTN .POST EFFECt::"!'VE C'K?~C..'" NI/.~:BER TRAN AMOL~NT D/C B~CE TIAA.CE ID DESCRIPTION · '/'2,5 30.00 D 68.94- 6823 9082202162% TlqS'UPFICIENT FUNDS FEE-PI. IRCHASE .9~:/30 1,211.01 C 1,142.07 04100'.')3?7'3 ..... 'i!'E. BOLD, INC PAYROLL 0179629253 20.00 D 1,122 · 07 ~"'/03 08/30 KF7035 ? 793524~26~; 5 ~-S'flVi WDL 09/03 68.85 D 1,053.22 6881i~.~3102~1 .... ~i ""~:":'.~RCI-L%,SE 08/31 N69804 ? · 50 D 1,052.72 ' I_GEN102090"~00041,~:;.~i) .~,OS i~...TM FEE ,'3 ~,03 550.00 D 502.72 23':_37''.~:-.~887sc .... ~ 'q'~YPO~'NT BANK ML PAYMENT 9800060~.23 30.00 D ................... ... ............... '"-'~' · ..~..~..J._o_/~ ......................................... . ....................................... . :. ....' ..... ' )~ ....... ' ;3'.:; .~227 230.00 D 242.72 ,..,..j3205u'-L : .'i'~.CK HUMBER 0227 PF 1-HELP 3 PLVL 6 IN'.'..} -SD -,':.F e-ASUM 11-CUTO -STSM · · -- .- -..' - ~. ,, ...~../' ~RICHARD C BEIDEL ['. 227 227 ~RWOWNROAD t / 60-:Z95'313 I [I CARLISLE' PA 17013 ~ / Bate 43. ~ 'Dollars ........... ................................ '::AcCount BalanCe.::::.Payment.Due:':i: ..... ':MinimUm'Due:::i:I ':Amount EnCl0sed'l I Make Cheoks Payable to Sears National Bank Change of Address? RICHARD C BEIDEL JR 0008749 PO BOX 182156 227 FRYTOWN RD COLUMBUS OH q3218-2156 CARLISLE PA 17015-7756 0000 5121071735556429 0040465 0008000 0000000 ~.AR~ Account Number 5121-0717-3555-6429 I or= 1 Gold MaslerCard. Customer Service 1-800.669.8488 Account I. Total Credit Cash Access Available Available Billing cycle Payment Balanco '1 Une Une Credit Une Gash Closing Date Due Date $404'65 ~00.00 ~00.00 ~00.00 ~00.00 08/27/02 09/24/02 Account Summary Previous Balance $368.01 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $29.00 FINANCE CHARGES $7.64 Account Balance }404.65 Regular Transactions Trans Post Description Ohargea/ Date Date Oredits · 08-25 0B-25 LATE PAYMENT FEE'" ."" $29.01: .. Finance Charges Day~ In Billin~l'Period: 31 - ANNUAL I Periodic Rate Purchase Total Average Dally PERCENTAGE I D-Day Periodic 8ear8 Regular . ~04'$5 $374.47 ~4.00 % 0.08S8 % (D} $7.$4 External Regular $0.00 $0.00 24.00 % 0.0658 % (D) $0.00 Oaah Regular $0.00 $0.00 24.00 % 0.0658 % (D) $0.00 ' " , Minimum FINANCE CHARGE: $0.00 NOTICE: Oee'reVe~e. side. for. important information ~nd billing fights summa~. Gall 1-800-669-8488 for customer service or to report your card lost or stolen. Mail Billing E'rr°r'NOtioes'to PO-BOX'818007 OLEVEL~ND OH 44181-8007 · ".: · · .. . .. . , Inc. Professional Collectors Financial services Division Toll Free (800) 793-6128 Local (763) 585-8003 Fax (763) 585-7881 P.O. Box 361625 Columbus, OH 43236 300300041 1 * 1 oooo,,,? .,,. m, ,~RICHARD C BEZDEL BaZance: $2,559.48 227 FRYTOWN ROAD Account ;Number: 8ooaooo4zz,z CARLISLE PA 17013-7756 C]ientRefN~ber: 4417128122242025 I,,,111,,,111,,,,,,11,,11,1,,,11,,,I,1,1,,11,,,,I,I!,,,I,1,,11 ~ate: 0?/07/02 Dear Richard C Beidel: The debt owed to First USA, account number 4417128122242025 in the amount of $2,559.48 has been placed with this agency for collection. It is our desire to assist you in this matter. Please make arrangements to pay the stated balance. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that the debt, or any portion thereof, is disputed, this office will: obtain verification of the debt or obtain a copy of a judgment and marl you a copy of such judgment or verification. If you request of this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Return the lower portion of this notice with payment in full in the enclosed .envelope. 301-3-1/1 Detach and return with payment. Sincerely, Date' 07/07/02 Chris Thunder X6641 Account Representative (800) 798-6128 Allied Interstate, Inc. First USA Collection Division Amount Due: $2,559.48 Amount Remitted: $ 3003000411'1 BFUSA Allied Interstate Inc. Bankcard Server P.O. Box 361625 Columbus, OH 43236 Professional Collectors Financial services Division Toll Free (800) 793-6128 Local (763) 585-8003 Fax (763) 585-7881 P.O. Box 361625 Columbus, OH 43236 300300041 1 * 1 ,.~n,~ S, ~, i'~ '~R]:CHARD C BEZDEL Balance: $2,559.48 227 FRYTOWN ROAD Account N~bc~: 3003000411.1 CARLISLE PA 17013- 7756 Client RefNumbcr: 4417128122242025 Date: 08/06/02 FIRST USA 70% SETTLEMENT Dear Richard C Beidel: The balance due on your First USA account is $2,559.48. First USA has authorized us to offer you a settlement of 70% on your total balance. We will accept 70% of $2,559.48 on your account, provided that these funds are received no later than 14 days from 08/06/02. If you are unable to take advantage of this settlement offer, contact Mike Finke X 6565 at (800) 793-6128. Return the lower portion of this notice with settlement in full in the enclosed envelope. This is an attempt to collect a debt. Any information obtained will be used for that purpose. First USA is required to report indebted forgiveness in excess of $600 to the Internal Revenue Service. Form 1099C will be supplied by First USA for any account settled in excess of $600. 312-3 mm mmmm mmmmmm mmmm m mlmm m m m mm m m mm m m mmm mmmm llmmm m mmmmm mlmm m lmlm m mmmmmmmmmmllmm m mmmmm mmmmm mmmmm m mmmmm m m mmm i m m mm mm m Detach and return with payment. Sincerely, Mike Finke X 6565 Account Representative Date' 08/06/02 (800) 793-6128 Allied Interstate, Inc. FIRST USA Collection Division Amount Due: $2,559.48 Amount Remitted: $ 3003000411'1 BFUSA Allied Interstate Inc. Bankcard Server P.O. Box 361625 Columbus, OH 43236 P00004-0000476 loz BRE 2002-08-06 10:44:03.793-ALTOO120020806PP001 S-1.330 DDA009LE Waypoint Bank 9/18/02 MCCOYSE DEMAND - Account Inquiry 11:46:24 Account Number _100122571 Short Name BEIDEL, RICHARD C · Monetary Ac vity · · · · Nbr Debits- 3 Lst Stmt. 8/28/02 Last Stmt Balance- 257.80 . . Nbr Credits- 0 Nbr Enclosed- 0 Current Balance- 177 80 · · · · · Eff Date B Batch Trcd Description Check Nbr Tran Amount P Current Bal . · 08/28/02 -- 051 - ~ ~HECK - 512 - 1,300.00 ? 258 80 · · · · . Post Dt Src SubSrc Seq Nbr Int Rate Trace Nbr Collected Bal . · 08/28/02 1T~- - 8660590 - .0000% ' " 258 80 · User ID _ Override ID Workstation Time ' · · · CHECK · · · + . · F2=Fold/Unfold F3=Exit F~=Field Help FT=Non-Monetary F8=Package Post . · Fg=Teller/Memo F10=Search/Display Opts F12=Previous F13=ACH Inquiry · · · ®~~~~~~~~~~~~~~®~~~~~~~~~~®~~®~~~~~®®~~®~~~~®~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~®~ Date 0.9/25/02 Time 9'43 am GRIFFIE & ASSOCIATES Detail Slip Listing Page Selection Crite Date range '04/30/02 through 09/25/02 ria Slip numbers 'Ail Attorney 'Ail Client 'mm-Beidel, Rich Activity 'Ail Custom Fields 'Ail Reference 'Ail Slip status 'Open Billing status 'Ail Rate source 'Ail at level Ail Bookmark slips 'Not checked Hours 'Ail Dollars 'Ail Variance 'Not checked For time- s=spent e=estimated v=variance Date / Start Time Re ference At t orney Client Rate ~tion ~ Activit~ _ Level Time Total - N_~__o Selection --- _ · · · · · · · · · · · · · · · · 04/30/02 ........ 19359 125.00 Telecon with Sears mm-Beidel, Rich 1 0.10s TC Third Party 12.50 BILLED- #26876 · · · · · · · · · · · · · · · · 05/17/02 ........ 20177 125.00 Telecon with Client mm-Beidel, Rich 1 0.30s TC Client 37.50 BILLED- #27140 leeeeeeelelleell 35/17/02 ........ 20178 125.00 iorrespondence to creditors mm-Beidel, Rich 1 0.30s Ltr Third Party 37.50 BILLED- #27140 eeeeeleeeeeelee $717702 ........ 2017~ mm 125.00 orrespondence to opposing mm-Beidel, Rich 1 arty 0.10s Ltr Third Party 12.50 BILLED- #27140 Date 09/25/02 ~RIFFIE & ASSOCIATES Time ~'43 am Detail Slip Listing Page 2 For time- s=spent e=estimated v=variance Date / Start Time Attorney Reference Client Rate Description ~ ~ctivity Level Time Total - No Selection · · · · · · · · · · · · · · · · 05717702 ........ 20181 125.00 Prepared±on o~ Pe~±~±on ~or mm-Be±del. Rich 1 0.80s Con~emp~ Doc Prep 100.00 BILLED- #271~0 · · · · · · · · · · · · · · · · 07/09/02 ........ 21631 125.00 Telecon with Client mm-Beidel, Rich 1 0.10s TC Client 12.50 BILLED- #27650 · · · · · · · · · · · · · · · · 0770~?02 ........ 21701 125.00 Telecon with Client mm-Beidel, Rich 1 0.10s TC Client 12.50 BILLED- #27650 · · · · · · · · · · · · · · · · 0770~?02 ........ 21702 125.00 ~eceipt and Review of docs mm-Beidel, Rich 1 0.20s from client; modify Petition R/R Document 25.00 BILLED- #27650 · · · · · · · · · · · · · · · '7/09/02 ........ 21706 125.00 'ile Petition for Contempt mm-Beidel, Rich 1 0.20s Filing of Doc 25.00 BILLED- #27650 · · · · · · · · · · · · · · · ~/26/02 ........ 22763 125.00 )rrespondence to opposing mm-Beidel, Rich 1 0.10s ~rty Ltr Opp Party ' 12.50 BILLED- #27890 uaue 09/25/02 Time 9"43 am GRIFFIE & ASSOCIATES Detail Sli~ Listing For time- s=spent e=estimated V=variance Page Date / Start Time Re ference At t orney Client Rate ~tion ~ Activit_~ _ Level Time - No Selection -- Total · · · · · · · · · · · · · · · · · 08/26/02 ....... 22764 mm 125.00 Correspondence to Sears mm-Beidel Rich 1 , 0.10s Ltr Third Party 12.50 BILLED- #27890 · · · · · · · · · · · · · · · · · 08/30/02 ....... 227~ mm 125.00 Telecon with Client mm-Beidel, Rich 0.10s TC Client 1 12.50 BILLED. #27890 · · · · · · · · · · · · · · · · · 09/23/02 ....... 22860 mm 125.00 Personal service of Order mm-Beidel, Rich 1 0.60s Miscellaneous 75.00 · · · · · · · · · · · · · · · · · 09/18/02 ....... 22861 mm 125.00 Felecon with Sears mm-Beidel, Rich 1 0.20s TC Third Party 25.00 · · · · · · · · · · · · · · · ~/18/02 ........ 228~2 mm 125.00 ffice Conference with client mm-Beidel, Rich 1 1.20s Conf. w/Client 150.00 · · · · · · · · · · · · · · )/18/02 ........ 22863 mm 125.00 ,~lecon with First USA mm-Beidel, Rich 1 0.10s TC Third Party 12.50 · · · · · · · · · · · · · · · · /17/02 ....... 22864 mm 125.00 Lecon with USPS regarding mm-Beidel, Rich 1 -~vice 0.1 Os TC Third Party 12.50 Date, 09/25/02 GRIFFIE & ASSOCIATES Time 9.43 am Detail Sliz~ Listing Page 4 For time- s=spent e=estimated v=variance Date / Start Time Attorney Reference Client Rate Description ~ _Activity Level Time Total - No Selection ........................ 22864 cont. Preparation of Certificate mm-Beidel, Rich 1 0.10s of Service Doc Prep 12.50 · · · · · · · · · · · · · · · · 0~?11702 ........ 228~ Costs advanced for certified mm-Beidel, Rich Qty Amount mail $Costs Advanced ~ 8.84 8.84 · · · · · · · · · · · · · · · · 09/11/02 ........ 22867 125.00 Telecon with Client mm-Beidel, Rich 1 0.10s TC Client 12.50 · · · · · · · · · · · · · · · · 09/25/02 ........ 22868 125.00 Preparation for hearing mm-Beidel, Rich 1 1.00s Prep Hearing 125.00 Subtotal for - Client mm-Beidel, Rich Attorney Client 5.90s 0.00 Activity 737.50 Billable 8.84 Unbillable 5.90 746.34 0.00 SRAND TOTAL _ Attorney Client 5.90s 0.00 Activity 737.50 Billable 8.84 Unbillable 5.90 746.34 0.00 · f' )