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HomeMy WebLinkAbout01-5004In the Court of Common Pleas of Cumberland County, Pennsylvania JILL E. BEAM, ) Plaintiff, ) vs. ) No. 2001 - ~-~0L~ ) RICHARD L. BEAM, ) CIVIL TERM Defendant. ) IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divome 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: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania JILL E. BEAM, VS. Plaintiff, RICHARD L. BEAM, Defendant. ) ) ) No. 2001- Sf.)(~ ~ ) CML TERM ) IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITI-ffN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in Divome proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 In the Court of Common Pleas of Cumberland County, Pennsylvania JILL E. BEAM, VS. Plaintiff, RICHARD L. BEAM, Defendant. ) ) ) No. 2001 ) ) CIVIL TERM ) IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by her attomey Michael S. Travis, respectfully represents: 1. Plaintiffis Jill Elaine Beam, who resides at 72 Tory Circle, Enola, Cumberland County, Pennsylvania, 17025, since June 30, 2001. 2. Defendant is Richard Lee Beam, who resides at 1407 Yorktowne Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, since 1993. 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on February 28, 1992, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart. At a subsequent time, plaintiff may submit an Affidavit that the parties have lived separate and apart for at least two (2) years. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Neither party is a member of the United States Armed Services, and do not fall within the provisions of the Soldiers' and Sailors' Relief Act of Congress of 1940 and its amendments. 10. Plaintiff requests the court to enter a decree of divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: ~avis laintiff I.D. # 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Fax 731-9511 $1AV~4J. '$ '13VHDIH In the Court of Common Pleas of Cumberland County, Pennsylvania JILL E. BEAM, ) Plaintiff, ) vs. ) No. 2001 - 5004 ) RICHARD L. BEAM, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF SERVICE I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce, hereby state that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. 7000 1670 0000 8954 0137, return receipt requested, by depositing the same in the United States mail on August 28, 2001, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on August 30, 2001. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 C.O.D. In the Court of Common Pleas of Cumberland County, Pennsylvania JILL E. BEAM, VS. Plaintiff, RICHARD L. BEAM, Defendant. ) ) ) No. 2001 - 5004 ) ) CIVIL TERM ) IN DIVORCE 27,2001. 2. AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on August The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATED: ~_~E. Beam, Plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania JILL E. BEAM, ) Plaintiff, ) vs. ) No. 2001 - 5004 ) RICHARD L. BEAM, ) CIVIL TERM Defendant. ) IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A D/VORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the )rothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. J~ E. Beam, Plain~tT - In the Court of Common Pleas of Cumberland County, Pennsylvania JILL E. BEAM, ) Plaintiff, ) vs. ) No. 2001 - 5004 ) RICHARD L. BEAM, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF CONSENT 27,2001. 2. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce afier service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATED: '~, ~_~)/' Richard L. Beam, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania JILL E. BEAM, ) Plaintiff, ) vs. ) No. 2001 - 5004 ) RICHARD L. BEAM, ) CIVIL TERM Defendant. ) IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECRi~,I~. UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Richard L. Bdam, Defendant MARRIAGE SETTLEMENT AGREEMENT TI-~S AGREEMENT made this ~C(6x day of.~,~, 2001, by and between Richard L. Beam, (hereinafter referred to as "Husband,") and Jill E. Beam, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on February 28, 1992; and WHEREAS, there are two minor children bom of the marriage, Sean Mackenzie Beam and Shaelyn Nicholle Beam, bom January 7, 1993, and September 21, 1996. WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. DEFINITIONS (a) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. (b) Distribution Date. The phrase "distribution date" shall be defined as fourteen days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next business date. 1 2. ADVICE OF COUNSEL The parties have had an opportunity to review the provisions of this Agreement with their respective counsel. Husband and Wife acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets to the extent that it has been requested. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 3. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on th~ part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 4. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully, as if he or she were single and unmarried except as may be necessary to carry out the proms~ons of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. DIVISION OF PERSONAL PROPERTY The parties further agree that they have agreed to divide their personal property according to the attached list, marked as "Exhibit A." Neither party will make any claim to any items which are now in the possession or under the control of the other, following distribution according to Exhibit A. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE Each party agrees to relinquish the right to Support/and Alimony Pendente Lite. 2 CHII,D SUPPORT The parties' child support obligation(s) will be determined by the Domestic Relations Office of Cumberland County, Pennsylvania. 7. ALIMONY Each party agrees to relinquish the right to Alimony. 8. LIFE INSURANCE It shall not be necessary for either party to maintain a policy of life insurance for the benefit of the other party. 9. AUTOMOBILES (a) The parties are the owners of two automobiles, a blue 2001 Saturn L200 V1N 1GSJU52F71Y574518 titled to wife and a tan 2001 Saturn V1N 1GSZH54841Z301651 titled to husband. Both vehicles are encumbered by purchase money loans. Husband shall have sole and exclusive possession of the tan 2001 Saturn. Wife shall have sole and exclusive possession of the blue 2001 Saturn L200. (b) Husband shall assume and hold Wife harmless for the purchase money loan on his auto. Wife shall assume and hold Husband harmless for the purchase money loan on her auto. Should any action be required to transfer title or other document of ownership, the parties will take steps to transfer and reflect ownership as soon as possible after the distribution date. (c) Both parties agree to assume all responsibility and hold each other harmless for any and all liability, including insurance, costs and expenses associated with ownership of the above. The costs of any title transfers or fees shall be borne equally by the parties. 10. DIVISION OF REAL PROPERTY Premises. Husband and Wife hold title as tenants by the entireties to the premises identified as 1407 Yorktowne Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. (The Marital Residence). The parties agree as follows with respect to the Marital Residence: From the date of the execution of this Agreement, Husband shall be solely mspousible for all past, present, and future costs, expenses or liabilities attributable and/or resulting from Husband's and/or Wife's interests in the Marital Premises, and/or by reason of Wife's former ownership thereof. The property is encumbered by a purchase money mortgage with First Nationwide Mortgage. The property is believed to be worth approximately $92,000.00. Husband agrees to be responsible for any and all encumbrances on the property and indemnify and hold wife harmless for any claim thereon. Wife waives the right to any equity in the marital residence. Wife shall deliver to Husband, at an expense to be paid by Husband, a quitclaim deed conveying all of her right and title of the Marital Premises to Husband upon sale or refinance of the Marital Residence as discussed below. Husband agrees to refinance or assume the mortgage by June 1, 2002 to remove Wife's name from the mortgage. In the event that Husband does not sell or assume the mortgage by June 1, 2002, then the property shall be listed for sale by a Realtor and sold in order to remove Wife's name from the mortgage. In the event of negative equity in the property on sale, Husband shall indemnify and hold Wife harmless thereon. Husband shall not further encumber the property by any mortgages or liens prior to refinance or sale. 11. PENSION AND RETIREMENT ACCOUNTS Husband and Wife shall maintain their separate pension, IRA and/or retirement accounts. Wife relinquishes any other rights, title, and interest she may have in all other existing and future retirement assets or benefits of Husband's pension or retirement plans. Husband relinquishes any and all rights, title, and interest he may have in all existing or future retirement assets or benefits of Wife's pension or retirement, 401K or other account. 12. MEDICAL INSURANCE The parties shall be responsible for their own medical insurance. 4 13. MARITAL DEBTS The parties have the following loans in addition to the home mortgage discussed in Paragraph 10: None. Since separation, neither party has contracted for any debts which the other will be responsible for and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. 14. FILING OF IRS RETURN/TAXES Husband and Wife agree to file separate tax returns for the tax year in which the Decree in Divorce is entered. The parties agree to split any income tax refunds due equally. 15. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and allow to be filed the necessary documents to obtain a divorce under Section 330 l(c) of the Divorce Code. 16. DEATH PRIOR TO DIVORCE If either Husband or Wife dies before the entry of a final decree in divorce between the parties, this Agreement is deemed to survive the death, and the parties, heirs or assigns shall enter into the same stares as after the Agreement was entered into. 17. INCORPORATION This agreement is to be incorporated for the purposes of enforcement, but not merged into any subsequent Decree in Divorce. 18. CONTINUED COOPERATION The parties agree that they will, after the execution of this Agreement, execute any and all written instruments, assignments, releases, deeds or notes or other such writings as may be necessa~ or desirable for the proper effectuation of this Agreement. 19. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 20. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement or for seeking such other remedies or relief as may be available to him or her. 21. VOLUNTARY AGREEMENT The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable; that it is being entered into voluntarily; and that it is not the result of any duress or undue influence. 22. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 23. BINDING EFFECT This Agreement shall be binding upon the parties' heirs, successors and assigns. 24. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formalities as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this Agreement are null and void and of no effect. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding effect whatsoever in determining the rights or obligations of the parties. 28. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals the day and the year first written above. Wimess W~tness Richard L. Beam, Husband Ji~. Beam, Wife Commonwealth of Pennsylvania: : SS; County of QBj~0~t~ t. Jp~D : PERSONALLY APPEARED BEFORE ME, this }74tl day of (~tOtbfft~ ,2001, a notary public, in and for the Commonwealth of Pennsylvania, Richard L. Beam, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Commonwealth of Pennsylvania: county of : SS: Notarv0?ublic NOTARIAL SEAL [ Mary Ann C. Garbarino, Notary Public Silver Spring Twp., Cumberland County My Commission Expires Dec, 13, 2004 PERSONALLY APPEARED BEFORE ME, this I ~kday of OC,~.~A_ ,2001, a notary public, in and for the Commonwealth of Pennsylvania, Jill E. Beam, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. Notar~ Public Notarial Seal ' 1 A Mattes, NotaW Publk~ [ ~ HO ,P~,., ~,,,,., Cumberland Co~. I ~s~t~ et NotaeeS ExI-m3IT A List of Wife's Property in Possession of Husband: None. Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 In the Court of Common Pleas of Cumberland County, Pennsylvania JILL E. BEAM, ) Plaintiff, ) vs. ) No. 2001 - 5004 ) RICHARD L. BEAM, ) CIVIL TERM Defendant. ) IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Complaint was mailed August 28, 2001, via United States certified mail, restricted delivery, return receipt requested to Defendant, which was received by Defendant on August 30, 2001, Affidavit of service attached hereto. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiffon December 4, 2001; by defendant on December 4, 2001. 4. Related claims pending: Economic claims are resolved by Marital Settlement Agreement dated October 19, 2001, incorporated by reference hereto. 5. Date plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: December 7, 2001. Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: December 7, 2001. ~ ~'Travis Michael S. Travis 1D No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 In the Court of Common Pleas of Cumberland County, Pennsylvania JILL E. BEAM, ) Plaintiff, ) vs. ) No. 2001 - 5004 ) RICHARD L. BEAM, ) CIVIL TERM Defendant. ) IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry ora divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Complaint was mailed August 28, 2001, via United States certified mail, restricted delivery, return receipt requested to Defendant, which was received by Defendant on August 30, 2001, Affidavit of service attached hereto. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff on December 4, 2001; by defendant on December 4, 2001. 4. Related claims pending: Economic claims are resolved by Marital Settlement Agreement dated October 19, 2001, incorporated by reference hereto. 5. Date plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: December 7, 2001. Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: December 7, 2001. ~ ~'S. Travis IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .,~. PENNA. JILL E. BEAM, Plaintifft VERSUS RICHARD L. BEAMt NO. 2001 - 5004 AND NOW, DECreE iN DIVORCE DeCREEd that Jill E. Beam PLAINTIFF, AND P~chard L. Beam , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated October 19, 2001 is incorporated but not merqed into this Decree. ATTEST: ~ PROTHONOTARY