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HomeMy WebLinkAbout06-0134 FRANCES C. BESSELMAN :IN "TI IE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE: DAVID M. BESSELMAN. Defendant :NO. 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 lake prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree oi'divorce or annulment may be entered against you by the court. A judgment may also be entered against for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievahle 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 Prothonotarv Cumberland County Court House 1 Courthouse Square 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 V \??j N?1 1c C ? FRANCES C. BESSELMAN, Plaintiff V. DAVID M. BESSELMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN DIVORCE NO. O(o. 13Y &0 COMPLAINT AND NOW comes the Plaintiff, Frances C. Besselman, who, by and through her attor- neys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Frances C. Besselman, is an adult individual residing at 208 Winding Way, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, David M. Besselman, is an adult individual residing at 208 Winding Way, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on June 25, 1960. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 4 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorpo- rated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Frances C. Besselman, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 11. The averments contained in Paragraphs I through 10 of this Complaint are incorporated herein by reference as though set forth in full. -2- 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage, which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, pursuant to 23 Pa.C.S.A. §3502, Plaintiff, Frances C. Besselman, respectfully requests the Court to divide all marital property equitably between the parties. COUNT III REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 15. The averments contained in Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. -3- 16. Plaintiff lacks sufficient property to provide for her reasonable means and is un- able to support herself in the lifestyle established during the marriage. 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, pursuant to 23 Pa.C.S.A. §3701, Plaintiff, Frances C. Besselman, respectfully requests the Court to enter an award of alimony in her favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 18. The averments contained in Paragraphs 1 through 17 of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, pursuant to 23 Pa.C.S.A. §3702, Plaintiff, Frances C. Besselman, respectfully requests the Court to enter an award of Alimony Pendente Lite, interim counsel fees, -4- costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. DATED: January 6, 2006 Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Respectfully submitted, --"7 ais A. eckley ?. l ?Elizalrsth eck Attorneys for Plaintiff -5- VERIFICATION I, Frances C. Besselman, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: Frances C. Besselman ?? 'V C' ? ?? ? ? p R? c ? ?? v; -_ ?? ?` --?> ?: ?? `?\ ?- •? 4- ?,- _ ? ?? ? ?. - r (S ? i I <"'S FRANCES C. BESSELMAN, Plaintiff V. DAVID M. BESSELMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN DIVORCE NO. 2006-134 CIVIL ACCEPTANCE OF SERVICE I, David M. Besselman, hereby accept service of the Divorce Complaint filed in the above-captioned action on behalf of Plaintiff, Frances C. Besselman. DATED: January 10, 2006 ,t David M. Bessleman 47 n `? r ? 1 ? rya ` ra . FRANCES C. BESSELMAN, Plaintiff v. DAVID M. BESSELMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO.: 2006-134 PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Defendant, David M. Besselman, as counsel in the above referenced matter Dated: ?S S ndra L. Meilton Attorney I.D. # 32551 TUCKER ARENSBERG, P.C. 111 North Front Street Harrisburg, PA 17101 (717) 234-4121 Attorney for Defendant 1 - ; ,.. ' ? `?', ,4, ?. FRANCES C. BESSELMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE DAVID M. BESSELMAN, --134 Defendant : NO. 2006 PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION, ALIMONY AND ALIMONY PENDENTE LITE, COUNSEL FEES, COST AND EXPENSES COUNTS TO THE PROTHONOTARY: Kindly withdraw the Equitable Distribution, Alimony and Alimony Pendente Lite, Counsel Fees, Costs and Expenses Counts filed in the above-captioned action. DATED: _69 of Counsel BECKLEY & MADDEN 21 a North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, Eliz eth Attorney for Plaintiff CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 DATED: May 6, 2009 RiB>4X` OF THE 1T?QTAi Y 2404 MAY -6 AM 9* 2 7 CUMBEF-11_,A ' COUNTY / Vt FRANCES C. BESSELMAN, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW : IN DIVORCE DAVID M. BESSELMAN, Defendant :NO. 2006 -- 134 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 6, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 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 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. Dated: Frances C. Besselman Ra 'iACE OF THE PROTHONOTARY 9MAY -6 AM 9:27 U COUIQY PENNSMIA. A0 R FRANCES C. BESSELMAN, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND. CQfJNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW IN DIVORCE DAVID M. BESSELMAN, Defendant :NO. 2006 -- 134 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: S C FC. Besselman t7 i'a OF Dt 2W9 MAY -PROTMCMARY 5 AM 9: 2 7 CLW6EkL- ti, PENNSYN -V qft Lindsay Gingrich Maclay, Esquire DALEY ZucKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 1mac1Ua,dzmmg1aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANCES C. BESSELMAN, Plaintiff No. 2006-134 CIVIL ACTION - LAW DAVID M. BESSELMAN, Defendant (In Divorce) AFFIDAVIT OF CONSENT & WAIVER OF MARRIAGE COUNSELING 1. A complaint in divorce under § 3301(c) or § 3301 (d) of the Divorce Code was filed on January 6, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and at least 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. 4. I understand that I can request that the Court Order marriage counseling and that there are a list of counselors available at the Prothonotary's office; however, I do not want marriage counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: David M. Besselman, Defendant of joliki -6 Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclavadzmmelaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANCES C. BESSELMAN, Plaintiff No. 2006-134 CIVIL ACTION - LAW DAVID M. BESSELMAN, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301 (c) AND &3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: David M. esselman, Defendant (?ry??ww {?rFq??,yi??}(iy{?.}?i?R ICE ???r({`y, 1 THE 1? 1L3 1 'CW AR Y OF 2009 MAY -6 AM 9.28 Pe4NSYWAJMA r c Lindsay Gingrich Maclay, Esquire DALEY ZucKER MEiLroN MINER & GiNGRiCH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imac1ayadzmmR1aw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANCES C. BESSELMAN, Plaintiff DAVID M. BESSELMAN, Defendant No. 2006-134 CIVIL ACTION - LAW (In Divorce) THIS AGREEMENT is made this 0day of A , 2009, BY and BETWEEN Frances C. Besselman of 208 Winding Way, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D RECITALS R.1: The Parties hereto were Husband and Wife, having been joined in David M. Besselman of 790 North Highland Drive, Apartment H, Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as Husband. marriage on June 25, 1960 in Greensburg, Westmoreland County, Pennsylvania; and R.2: There were three (3) children born of this marriage, all of whom are now emancipated; and R.3: Differences have arisen between the Parties, in consequence of which the parties have lived separate and apart since on or about November 11, 2005; and I } R.4: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and R.5: Wife filed a Complaint in Divorce in Cumberland County on January 6, 2006 to the above-referenced term and number; and R.6: It is the desire and intention of the Parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.7: The Parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.8: The Parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and 2 R.9: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has- been independently represented by Sandra L. Meilton, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and that Wife has been independently represented by Elizabeth S. Beckley, Esquire; and R.10: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his/her respective property holdings and income; and R.11: The parties confirm that they have relied on the completeness and substantial. accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parry shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. Further, the non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 3 NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each Party at all times hereafter to live separate and apart from the other Party at such place(s) as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither Party will molest the other or endeavor to compel the other to cohabit or dwell with him/her by any legal or other proceeding. Neither Party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either Party. Each Party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. (2) DIVORCE: The Parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneously with the execution of this Agreement, the parties shall execute their respective Affidavits of Consent and Waiver of Notice Forms necessary to finalize the Divorce. Said Affidavits and Waivers shall immediately thereafter be filed with the Cumberland County Prothonotary's Office. If either Party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement for which the 4 other party may receive counsel fees and sanctions. Said breach does not entitle either party to seek termination, or invalidation, of this Agreement, nor does it permit the other party to assert the agreement as void for failure to execute the Consent and Waiver. (3) REAL PROPERTY: The parties jointly own the property located at 208 Winding Way, Camp Hill, Cumberland County, Pennsylvania, (hereinafter "Marital Residence"). Wife estimates the current fair market value of the Marital Residence to be Two Hundred Thirty Thousand ($230,000.00) Dollars and Husband estimates the current fair market value of the Marital Residence to be Two Hundred Fifty Thousand ($250,000.00) Dollars; however, the parties did not have an appraisal of the Marital Residence conducted in conjunction with this agreement. The only encumbrance on the Marital Residence is a Home Equity Line of Credit through PNC Bank (hereinafter "PNC HELOC") which had an unpaid principal balance of Forty-One Thousand Five Hundred Thirty-Four and 92/100 ($41,534.92) Dollars in February of 2008. Said PNC HELOC is in joint names. Husband shall begin paying the parties' joint PNC HELOC the same month that Husband lowers his alimony payment to Wife to the sum of $2,500.00 per month as provided for in Section (11) of this Agreement; however, nothing in this Agreement will require Husband to refinance the joint PNC HELOC solely into his name. The parties have agreed that they shall close the PNC HELOC so that neither party can further encumber the Marital Residence. If the parties have not already done so, they shall take whatever steps necessary to close the PNC HELOC within ten (10) days of the execution of this Agreement. The parties have further agreed that the parties' joint Ameritrade account, account number ending in 2980 (hereinafter Ameritrade 2980"), will remain in 5 joint names until such time as the PNC HELOC is paid off. So long as there is an outstanding balance on the PNC HELOC, Husband will ensure that the account will always have enough money in it to pay off the PNC HELOC in full; however, nothing will prevent Husband from using the funds in the Ameritrade 2980 account, so long as there remains enough money in said account to pay off, in full, the PNC HELOC at any given time. For tax purposes, Husband shall claim any and all mortgage interest associated with his payment of the PNC HELOC on the Marital Residence. If Wife would receive the mortgage interest statement at the end of any calendar year, she hereby agrees to forward said statement to Husband within five (5) days of receipt of same. With the exception of the PNC HELOC payments for which Husband agrees to be responsible, commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received, or due, Wife shall be solely responsible for all past, present and future costs/liabilities associated with or attributable to maintaining the Marital Residence, including, but not limited to, all real estate taxes, water/sewer rents, gas, electric/telephone service, homeowners insurance, and expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses resulting from Wife's ownership of the Marital Residence. Nothing in this Agreement will prevent Wife from selling the Marital Residence should she wish to do so. In the event that Wife chooses to sell the Marital Residence and the PNC HELOC is not yet paid in full, she shall provide to Husband notice, in 6 writing, of her intention to sell the Marital Residence and Husband shall, within thirty (30) days of receipt of said notice, pay off the joint PNC HELOC. Husband shall, simultaneously with the execution of this Agreement, execute a Special Warranty Deed waiving any and all right, title and interest he may have in and to the Marital Residence, specifically including, but not limited to, any increase in value of the Marital Residence during the course of the parties' marriage. Said Special Warranty Deed shall be prepared by Wife's attorney and recorded in the Cumberland County Recorder of Deeds office, at Wife's expense after both parties have executed this Agreement. (4) HUSBAND'S BUSINESS: Husband shall retain as his sole and separate property the business known as Besselman Pediatric Associates, along with all fixtures, equipment, accounts receivable, etc. Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to maintaining Besselman Pediatric Associates, including, but not limited to, any and all rents, utilities, electric and telephone service, insurance, and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Husband's ownership of Besselman Pediatric Associates. Wife hereby waives any right, title and/or interest she may have in and to Besselman Pediatric Associates. Wife further agrees to execute any and all documents 7 necessary to relinquish any and all right, title and/or interest she may have in and to Besselman Pediatric Associates within five (5) days of a request by Husband to do so. (5) DEBT: A. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on November 11, 2005, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. B. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on November 11, 2005, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. C. OUTSTANDING JOINT DEBTS: In the event that either party contracted or incurred any debts since the date of separation on November 11, 2005, the 8 party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. The parties have a joint home equity line of credit through PNC Bank (PNC HELOC). This loan was taken out jointly by the parties prior to the parties' separation. The balance on this loan as of February of 2008 was reported to be approximately Forty-Three Thousand ($41,534.92) Dollars. Husband shall pay in due course the parties' joint PNC HELOC; however, nothing in this Agreement will require Husband to refinance the joint PNC HELOC solely into his name. The parties have agreed that they shall close the PNC HELOC so that neither party can further encumber the Marital Residence. If the parties have not already done so, they shall take whatever steps necessary to close the PNC HELOC within ten (10) days of the execution of this Agreement. For tax purposes, Husband shall claim any and all mortgage interest associated with his payment of the PNC HELOC on the Marital Residence. If Wife would receive the mortgage interest statement at the end of any calendar year, she hereby agrees to forward said statement to Husband within five (5) days of receipt of same. Commencing on the execution date of this Agreement, Husband shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to this joint obligation, including, but not limited to, all monthly payments, interest, and late fees, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with said loan. D. UNDISCLOSED DEBTS: Any liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter 9 incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (6) MOTOR VEHICLES: The parties acknowledge that the parties jointly own the 2000 Lexus X300 SW currently in Wife's possession. The parties further acknowledge that there is no outstanding loan obligation with regard to this vehicle. Husband hereby relinquishes any right, title or interest he may have in and to the 2000 Lexus X300 SUV currently in Wife's possession. Wife shall acquire and maintain separate insurance on the 2000 Lexus X300 SUV currently in her possession. Wife shall hold harmless and indemnify Husband from any loss thereon. The parties shall, within ten (10) days of the execution of this agreement, execute any and all documents necessary to individually title and register this vehicle with the Commonwealth of Pennsylvania. The parties acknowledge that Husband, individually, owns the 1996 Jaguar XJS convertible, currently in Husband's possession. The parties further acknowledge that there is no outstanding loan obligation with regard to this vehicle. Wife hereby relinquishes any right, title or interest she may have in and to the 1996 Jaguar XJS currently in Husband's possession. Husband shall acquire and maintain separate insurance on the 1996 Jaguar XJS currently in his possession. Husband shall hold harmless and indemnify Wife from any loss thereon. The parties shall, within ten (10) days of the execution of this agreement, execute any and all documents necessary to individually title and register this vehicle with the Commonwealth of Pennsylvania. 10 The parties acknowledge that Husband, through his business, is leasing the 2008 Mercedes C300 currently in his possession. Wife hereby relinquishes any right, title or interest she may have in and to the 2008 Mercedes C300 currently in Husband's possession. Husband shall acquire and maintain separate insurance on the 2008 Mercedes C300 currently in his possession. Husband shall hold harmless and indemnify Wife from any loss thereon. (7) TANGIBLE PERSONAL PROPERTY: The parties hereto acknowledge and agree that they have reached a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them. Each party shall, from and after the date hereof, be the sole and separate owner of all such property whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (8) INTANGIBLE PERSONAL PROPERTY: Except as otherwise herein provided, each Party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401(k) plans, 403(b) plans and the like. The Parties acknowledge that Husband has an IRA with Ameritrade, account number ending in 1960 (hereinafter "Ameritrade IRA"). The value of Husband's Ameritrade IRA was Seven Hundred Sixty-Four Thousand Nine Hundred Ninety-Six and 11 01/100 ($764,996.01) Dollars as of October 31, 2008. Wife acknowledges that she has received documentation verifying Husband's Ameritrade IRA balance as of that date. Due to recent volatility in the stock market, the value of Husband's Ameritrade IRA as of November 4, 2008 dropped to Five Hundred Seventy Thousand Nine Hundred Ninety- Five and 41/100 ($570,995.41) Dollars. The parties agree that this Ameritrade IRA shall be divided equally between the parties. Prior to dividing the current outstanding balance of the Ameritrade IRA between the parties, the amount of $50,280.18 shall be added onto the current balance so that Wife shares in the distributions previously taken by Husband. In addition, if Husband takes any additional distributions beginning January 1, 2009 going forward prior to the account being divided between the parties, those distributions shall be added back in as well before the account is divided between the parties. (For example, if the account has a current balance of $500,000.00 then $50,280.18 should be added to that total prior to the distribution to Wife so that the amount to be divided between the parties is $550,280.18 which means Wife would receive $275,140.09 in an account in her individual name. The parties shall, simultaneously with the execution of this agreement, execute any and all documentation necessary to effectuate the equal division of the Ameritrade IRA. The parties hereto agree that the equal division of the Ameritrade IRA shall take place as soon as administratively feasible after the execution of this Agreement. In the event that Ameritrade requires a Qualified Distribution Order or similar documentation in order to effectuate the transfer to Wife, Husband's counsel agrees to prepare any necessary documentation in a timely fashion. The Parties acknowledge that Husband has a cash account with Ameritrade, account number ending in 1171 (hereinafter "Ameritrade 1171"). The value of 12 Husband's Ameritrade 1171 account was Twenty-Five Thousand Seven Hundred Forty- Eight and 79/100 ($25,748.79) as of April 1, 2008. Wife acknowledges that she has received documentation verifying Husband's Ameritrade 1171 account balance as of that date. The value of Husband's Ameritrade 1171 account as of November 4, 2008 was Twenty-Nine Thousand Nine Hundred Forty-One and 32/100 ($29,941.32) Dollars. The parties further acknowledge that they jointly own another cash account with Ameritrade, account number ending in 2980 (hereinafter "Ameritrade 2980"). The value of the joint Ameritrade 2980 account was Twenty-Eight Thousand Four Hundred Fifty-Seven and 13/100 ($28,457.13) Dollars as of April 1, 2008. Wife acknowledges that she has received documentation verifying the joint Ameritrade 2980 account balance as of that date. The value of the joint Ameritrade 2980 account as of November 4, 2008 was Twenty-One Thousand One Hundred Ninety-Four and 501100 ($21,194.50) Dollars. The parties agree Husband's Ameritrade 1711 account and the joint Ameritrade 2980 account shall be equalized in dollar amounts. The equalization of these two (2) accounts shall take place as soon as administratively feasible after the execution of this Agreement. The parties shall, simultaneously with the execution of this agreement, execute any and all documentation necessary to effectuate the equalization of Husband's Ameritrade 1711 account and the joint Ameritrade 2980 account. After equalization of the balances in these two (2) accounts, Husband's Ameritrade 1711 account shall become the sole and exclusive property of Wife. After equalization of the balances in the Ameritrade 2980 account and the Ameritrade 1711 account, Husband shall forever waive and relinquish any right, title interest or claim he might otherwise have in and to the Ameritrade 1711 account. 13 Husband shall, within ten (10) days of a request by Wife to do so, execute any and all documents necessary to waive his interest in and to the Ameritrade 1711 account. After equalization of the balances in the Ameritrade 2980 account and the Ameritrade 1711 account, the Ameritrade 2980 shall remain in joint names-until such time as the parties joint PNC HELOC is paid in full (pursuant to Paragraphs 3 and 5(c) of this Agreement). Nothing shall prohibit Husband from using the money in the Ameritrade 2980 account, except that Husband shall always maintain enough money in said account to pay off the parties joint PNC HELOC at any given time. Wife, except to pay off the joint PNC HELOC at any point in time, shall have no right to any of the money in the Ameritrade 2980 account. Once the parties' joint PNC HELOC is paid in full, Wife shall forever waive and relinquish any right, title, interest or claim she might otherwise have in and to the Ameritrade 2980 account. Wife shall, within ten (10) days of a request by Husband to do so, execute any and all documents necessary to waive her interest in and to the Ameritrade 2980 account. The parties also acknowledge that Husband has an additional account with Ameritrade, account number ending in 9140 (hereinafter "Ameritrade 9140"). Said account was a holding account only. The value of Husband's Ameritrade 9140 account was Zero ($0.00) Dollars as of April 1, 2008. Wife acknowledges that she has received documentation verifying Husband's Ameritrade 9140 account balance as of that date. The value of Husband's Ameritrade 9140 account as of November 4, 2008 was Zero ($0.00) Dollars. Wife forever waives and relinquishes any right, title interest or claim she might otherwise have in and to the Ameritrade 9140 account. Wife shall, within ten (10) days of 14 a request by Husband to do so, execute any and all documents necessary to waive her interest in and to the Ameritrade 9140 account. The parties acknowledge that Wife has a retirement account with PNC, account number ending in 9178 (hereinafter "PNC MX'). The value of Wife's PNC IRA was Nine Thousand Nine Hundred Seventy-Four and 70/100 ($9,974.70) Dollars as of June 30, 2008. Husband acknowledges that he has received documentation verifying Wife's PNC IRA balance as of that date. Husband forever waives and relinquishes any right, title interest or claim he might otherwise have in and to Wife's PNC IRA. Husband shall, within ten (10) days of a request by Wife to do so, execute any and all documents necessary to waive his interest in and to Wife's PNC IRA. The parties acknowledge that Wife has a pension with Catholic Charities (hereinafter "CC Pension") that is currently in pay status. Wife receives $152.00 per month from this pension. Husband understands his right to have Wife's CC Pension valued and has chosen not to undertake the expense to do so. Notwithstanding same, Husband forever waives and relinquishes any right, title, interest or claim that he might otherwise have and to Wife's CC Pension. Husband shall, within ten (10) days of a request by Wife to do so, execute any and all documents necessary to waive his interest in and to Wife's CC Pension. (9) LIFE INSURANCE: To the extent that Wife has any life insurance policies, simultaneous with the execution of this Agreement, any policy/policies shall become her sole and separate property. Nothing in this Agreement will prevent Wife from designating beneficiaries under or encumbering any life insurance policy that she may have on her life. 15 To the extent that Husband has any life insurance policies, simultaneous with the execution of this Agreement, any policy/policies shall become his sole and separate property. Nothing in this Agreement will prevent Husband from designating beneficiaries under or encumbering any life insurance policy that he may have on his life. (10) AFTER-ACQUIRED PROPERTY: Each of the Parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. (11) ALIMONY: Husband shall pay to Wife Two Thousand Five Hundred ($2,500.00) Dollars per month in alimony for a period of five (5) years. Husband's payments to Wife shall be made the 5th of each month, with the first payment due on the 5t' day of the month following the execution of this Agreement. Husband's alimony obligation to Wife shall terminate upon Wife's co-habitation or remarriage, or upon the death of either party. Said alimony award is taxable to Wife and said alimony obligation is deductible by Husband. (12) DIVISION OF BANK ACCOUNTS: The Parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. (13) MEDICAL INSURANCE: Husband agrees that he will maintain and pay for medi-gap insurance for Wife or he shall provide Wife with comparable coverage; however, the cost to Husband for such insurance for Wife shall be capped at Three Hundred Fifty ($350.00) Dollars per month. In the event Husband is no longer able to 16 provide said medi-gap insurance for Wife, Wife will purchase said insurance on her own and Husband will pay up to $350.00 per month toward said cost so long as he lives. (14) TAX MATTERS: The Parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The Parties have determined that such division conforms to a right and just standard with regard to the rights of each Party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the Parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. (15) ATTORNEY'S FEES: Except as otherwise provided herein, each of the Parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (16) ADVICE OF COUNSEL: The Parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Sandra L. Meilton, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and Wife has been independently represented by Elizabeth S. Beckley, Esquire, of Beckley and Madden. Each Party acknowledges that they fully understand the facts and have been fully informed of their legal rights and obligations and each accepts that this Agreement is, 17 under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (17) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the Parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other Party, within ten (10) days of any request to do so, any and all further instruments that may be. reasonably required to give full force and effect to the provisions of this Agreement. (18) INCOME TAX: The Parties hereby acknowledge that they filed joint federal, state and local income tax returns for the tax year of 2008. For all ongoing years, the parties shall file separate federal, state and local income tax returns. Should the Parties owe any tax liability or receive any returns on any and all taxes filed jointly by the Parties during the course of their marriage, the Parties hereto agree to equally divide any such tax liability and/or tax return provided that the same is not a result of either Parties failure to accurately report his/her income. (19) BANKRUPTCY: The Parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a Party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other 18 rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. In the event that either party becomes a debtor in any bankruptcy or financial re- organization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor- spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. (20) COMPLETE DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the 19 date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such and undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs of expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. (21) WAIVER OF APPRAISALS: The Parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of all assets, including, but not limited to the real estate, the personal property, the vehicles, and 401K's and retirement accounts, some or all of which were acquired during the marriage and therefore constitute marital property. However, the Parties have determined that they will not undertake the expense to have these items appraised and/or evaluated, and that the division of property as set forth in this Agreement, represents a fair and equitable distribution. (22) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (23) FULL SETTLEMENT: Except as herein otherwise provided, each Party hereby absolutely and unconditionally releases and forever discharges the other and the 20 estate of the other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, arising out of the marital relationship, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither Party shall have any obligation to the other not expressly set forth herein. Except for any cause of action for Divorce which either Party may have or claim to have, and except for the obligations of the Parties contained in this Agreement and such rights as are expressly reserved herein, each Party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either Party ever had or now has against the other specifically arising from the marital relationship. (24) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each Party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators or assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the Parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, 21 contracts, engagements or liabilities or the other or by way of dower, courtesy, widow'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 rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a Divorce Decree are intended to defeat the right of either Party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either Party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (25) SEPARABILITY OF PROVISIONS: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect and operation. (26) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (27) INCORPORATION INTO DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree 22 in Divorce may be entered with respect to the Parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed to the Divorce Caption. (28) BREACH: In the event that either Party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Party. In the event of breach, the other 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. (29) ENTIRE UNDERSTANDING: This. Agreement constitutes the entire understanding between the Parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (30) AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. (31) DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the Parties if they 23 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. (32) PRESERVATION OF RECORDS: Each Party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the marital estate, and each Party will allow the other Party reasonable access to those records in the event of tax audits. (33) WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. (34) NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such Party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. (35) HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24 (36) CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: z eth Att rney for Plaintiff Sandra L. Wilton, Esquire Attorney for Defendant ---A _C, I _ Frances C. Besselmaii. Plaintiff David M. Besselman, Defendant 25 RLED4' ME OF THE PROT"" TAW 2009 MAY -5 AM 9: 29 . . • . PENNSYLVANA FRANCES C. BESSELMAN, Plaintiff V. DAVID M. BESSELMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 2006 --134 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served on David M. Besselman, on January 10, 2006, by him personally accepting service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on May 4, 2009; by defendant on April 30, 2009. 4. Related claims pending: No economic claims raised. 5. (a) Date plaintiff's Waiver of Notice May 5, 2009, and it is being filed contemporaneously herewith. (b) Date defendant's Waiver of Notice April 30, 2009, and it is being filed contemporaneously herewith. DATED: Ste-6 -0? of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, Eli xbeth S."BecAttornev for Plaintiff CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 DATED: May 6, 2009 4liet ir4 s oF THE WbTARY ?Q89 MAY AM 9: 30 FRANCES C. BESSELMAN V. DAVID M. BESSELMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 -- 134 DIVORCE DECREE AND NOW, III it is ordered and decreed that FRANCES C. BESSELMAN , plaintiff, and DAVID M. BESSELMAN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. The Property Settlement and Separation Agreement between the parties shall be incorporated into the final decree for purposes of enforcement, but shall not merge with the final Decree in Divorce. By the Court, Attest: J. Prothonotary ,A gee,4 o