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HomeMy WebLinkAbout07-0152(J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN W. BEAUDRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07- /Sk awt LROBERT J. BEAUDRY, JR., : CIVIL ACTION -LAW 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN W. BEAUDRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 ROBERT J. BEAUDRY, JR., : CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Susan W. Beaudry, an adult individual residing at 135 Bryce Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Robert J. Beaudry, Jr., an adult individual residing at 3600 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 16, 1974, in Yalesville, Connecticut. 5. There are no minor children born of this marriage. 6. The parties separated on January 1, 2006. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiffrequests entry of a divorce decree in her favor in accordance with 3 3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Susan W. Beaudry, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; and 2 B. Awarding other relief as the Court deems just and reasonable. Dated: January 4, 2007 ple-Sullivan, Esquire,- Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN W. BEAUDRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT J. BEAUDRY, JR., Defendant . NO. CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: J U UT SUSAN W. BEAU RY Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN W. BEAUDRY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT J. BEAUDRY, JR., Defendant : NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, SUSAN W. BEAUDRY, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 6o'_(aP\W 677- SUSAN W. BEA RY C=no 'i t71'rt -„ G? ? r C'3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN W. BEAUDRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT J. BEAUDRY, JR., Defendant : NO. 07 - 152 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7004 2890 0002 8467 0665, Return Receipt Requested, on the above-named Defendant, Robert J. Beaudry, Jr., on January 11, 2007 at Defendant's last known address: 3600 Old Gettysburg Road, Camp Hill, PA 17011. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. 34904 relating to unwornfgeif?ation to authorities. Dated: January 2007 Barbara-Kuinple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Ln • ¦ W O CAPP Hitt CO Postage $ rU O CerNtied Fee C3 C3 Return Receipt Fee (Endorsement Required) O Restricted Delivery Fee Cr (Endorsement Required) rU Total Postage & Fees $ C3 Swrt c C3 . I.,- SUbet, Apt Noi ------------- or PO Box No. 3 1n n n elk $0.63 0070 ~- $?.40 I19 rV?t1,6?? t ostm(??y?? `.? ? t ?V D $3.70 ? 2007 'I or -- C----- -- do -.r ...... .. k ?11 usbu(?n gzC'GI E A. SWnatu X N") G D. Is delivery aridness dNrsrsnt H YES, enter dWM ¦ complete itema11,2. and S. Also complete Ilartl 4 if Restricted DOIKWy is de*ed• ¦ w your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpW% or on the front If space peffn ts. 1. ArWe Addressed to 3t?v? old 6"`5 catti,p ?, ii, 1 r7 2. Article Number Ps Form 3811, FsbnurY 2004 o Aomt ? AddSm ate of D**Wy giiim- f? 0 Y46 below: O No ?. SWACO ¦ 0~ mom a E40111111 MIN o fornnercfwrdlw O lnNAW INaA D c o.D. ova 7004 2890 01302 8467 06.65 taasos•aa?taw DWMMla PAWM fMoW EXHIBIT "A" C'? ? p ril t V r) I'D it C DC C, z . , MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this H"day of , 2009, by and 0 between Susan W. Beaudry ("Wife") - A N D - Robert J. Beaudry, Jr. ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on August 16, 1974 at Yalesville, Connecticut; WHEREAS, two (2) children were bom of this marriage; said children being Nathan and Taylor Beaudry; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Susan and Robert to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce c , pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right 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 control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 07-152. The parties agree that they will execute and file with the court Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the execution of this Agreement. Thereafter, counsel for Wife shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: 1) All right, title and interest in the property and lot situated at 135 Bryce Road, Camp Hill, PA, pursuant to the terms of Paragraph 3 of this Agreement; 2) All right, title and interest in the property and lot situated at 2 3600 Gettysburg Road, Camp Hill, PA, pursuant to the terms of Paragraph 4 of this Agreement; 3) All right, title and interest in Beaudry Oral Surgery, Inc.; 4) All right, title and interest in any and all shares of Integrity Bank stock titled in Husband's name; 5) All right, title and interest in the entire balance of Merrill Lynch IRA #83730, titled in Husband's name; 6) All right, title and interest in the entire balance of Merrill Lynch Roth IRA #85038, titled in Husband's name; 7) All right, title and interest in the 2005 Jeep titled in Husband's name; 8) All right, title and interest in Husband's Merrill Lynch 401(k) account #5009, subject to the provisions regarding division of that account pursuant to the terms of Paragraph 5 of this Agreement; 9) All right, title and interest in Merrill Lynch CMA account #53937; 10) All right, title and interest in Merrill Lynch CBA account #57252; 11) All right, title and interest in any and all bank accounts, investment accounts and any other form of fmancial account titled in Husband's name; 3 t I 12) All right, title and interest in any and all tangible and intangible personal property currently in Husband's possession or control. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: 1) The sum of one hundred fifty thousand ($150,000) dollars to be paid to Wife by Husband within ten (10) days of the date of execution of this Agreement; 2) All right, title and interest in the entire amount of Merrill Lynch IRA #86367, titled in Wife's name; 3) All right, title and interest in the entire balance of Merrill Lynch Roth IRA #85039, titled in Wife's name; 4) An amount to be transferred from Husband's Merrill Lynch 401(k) account #5009 to Wife's Merrill Lynch IRA #86367, pursuant to the terms of Paragraph 5 of this Agreement; 5) All right, title and interest in any and all bank accounts, investment accounts and any other form of financial account titled in Wife's name; 6) All right, title and interest in the 1999 Chrysler Sebring convertible titled in Wife's name; 7) All right, title and interest in the RCI Premier timeshare #4311719; 4 8) All right, title and interest in any and all tangible and intangible personal property in Wife's possession or control, subject to the provisions of Paragraph 6 of this Agreement regarding distribution of the household goods currently located in the Marital Home. 3. Marital Residence. The parties acknowledge that they are the owners of the property and lot situate at 135 Bryce Road, Camp Hill, PA (hereinafter "Marital Home"). Husband shall become the sole and exclusive owner of the Marital Home and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and/or interest she may have in and to the Marital Home. Wife shall, at Husband's request, execute a deed transferring all of her right, title and interest in the Marital Home to Husband, which deed shall be prepared by Husband's counsel. The parties acknowledge that Wife is not a borrower on the note secured by the Marital Home and is not legally obligated to repay the existing debt. Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Home shall be endorsed to reflect Husband as the sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under such insurance policies. Until November 30, 2008, Husband was solely and exclusively responsible for all costs, expenses and liabilities associated with or attributable to the Marital Home, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, maintenance and repairs, consistent with the terms of the parties' agreement and actions since January 2007. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Home. Beginning on December 1, 2008, Husband shall be solely and exclusively responsible for the mortgage, real estate taxes, homeowners insurance, home security system, sewer and water expenses associated with or attributable to the Marital Home. Wife shall be solely and exclusively responsible for any and all other expenses and liabilities associated with or attributable to the Marital Home, including utility costs, for the entire time period during which she resides in the Marital Home after November 30, 2008. Wife shall have the sole and exclusive right to reside in the Marital Home from the date of execution of this Agreement until February 28, 2009, or the date upon which Wife vacates the Marital Home, whichever first occurs. Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Home. Both parties acknowledge and agree that despite their intentions to implement this February Agreement prior to November 30, 2008, the Agreement was not executed until Tan 2009. Husband and Wife agree that Husband paid certain expenses for Wife, for which Wife will reimburse him, and Wife incurred certain expenses for which Husband will reimburse her. Instead of making payments back and forth for reimbursement of expenses, the parties shall 6 determine the entire amount owed from Husband to Wife for expenses, the entire amount owed from Wife to Husband for expenses, and offset that net amount against the alimony payments owed to Wife by Husband pursuant to Paragraph 17 of this Agreement. As an example, if the total reimbursement for expenses owed by Wife to Husband is three thousand ($3,000) dollars and the total reimbursement for expenses owed by Husband to Wife is two thousand ($2,000) dollars, the net amount of one thousand ($1,000) dollars owed by Wife to Husband will be offset against the alimony payments owed to Wife by Husband for December 2008 and January 2009. 4. Gettysburg Road Property. The parties acknowledge that Husband is the owner of the property and lot situate at 3600 Old Gettysburg Road, Camp Hill, PA (hereinafter "Gettysburg Road Property"). Husband shall remain the sole and exclusive owner of the Gettysburg Road Property and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and/or interest she may have in and to the Gettysburg Road Property. Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Gettysburg Road Property shall be endorsed to reflect Husband as the sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under such insurance policies. Husband shall be solely and exclusively responsible for all costs, expenses and liabilities associated with or attributable to the Gettysburg Road Property, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, maintenance and repairs. Husband warrants that Wife is not an obligor or guarantor of any 7 i t mortgages, lines of credit, business loans or equipment loans associated with the Gettysburg Road Property or Beaudry Oral Surgery. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Gettysburg Road Property. 5. Retirement Accounts. The parties acknowledge and agree that they intend to divide their combined retirement assets, all of which are invested through Merrill Lynch, with Wife receiving fifty five (55%) percent of the total value of the retirement assets and Husband receiving forty five (45%) percent of the total value of the retirement assets. Husband shall retain the IRA account #83730 and Roth IRA account #85038 titled in his name as his sole and separate property and Wife shall retain the IRA account #86367 and Roth IRA account #85039 titled in her name as her sole and separate property. Husband shall also retain a certain portion of the assets held in the 401(k) account #5009 titled in his name as his sole and separate property according to the formula set forth in this Paragraph. Husband shall transfer a certain portion of the assets held in the 401(k) account #5009 titled in his name to Wife's IRA account #86367 according to the formula set forth in this Paragraph. The assets to be transferred from Husband's 401(k) account #5009 to Wife's IRA account #86367 shall be calculated based on the balances of their respective IRA and Roth IRA accounts on or as close as possible to the date of the 401(k) account transfer. The total value of the sum of each party's respective IRA and Roth IRA accounts shall first be calculated. Given those values, the assets held in Husband's 401(k) account shall be divided, in kind, to give Wife fifty five (55%) percent of the total value of the retirement assets and to give Husband forty five (45%) percent of the total value of the retirement assets. As an example, if the total value of the combined retirement assets is six hundred thousand ($600,000) dollars, Wife should receive total retirement assets valued at three hundred thirty thousand ($330,000) dollars and Husband should receive total retirement assets valued at two hundred seventy thousand ($270,000) dollars. If the combined balance of Husband's IRA and Roth IRA accounts is two hundred thousand ($200,000) dollars, the combined balance of Wife's IRA and Roth IRA accounts is one hundred thousand ($100,000) dollars and Husband's 401(k) account is valued at three hundred thousand ($300,000) dollars, Wife would receive an additional two hundred thirty thousand ($230,000) dollars, transferred from Husband's 401(k) account to Wife's IRA account. Reducing that amount to a percentage of the value of the 401(k) account, Wife would receive seventy six and 67/100 (76.67%) percent ($230,000 divided by $300,000) of the 401(k) assets, transferred in-kind, to her IRA account. The parties acknowledge and agree that the figures used in this example are for illustrative purposes only. The retirement assets shall be valued and all necessary transfers made as soon as reasonably possible after the execution of this Agreement. Husband's counsel shall prepare any necessary documents required by Merrill Lynch to facilitate the transfer of the parties' retirement assets. The parties agree that this paragraph shall serve as notice to Merrill Lynch of their intent and instructions to distribute their retirement accounts as specified herein. 6. Household Goods. The parties acknowledge and agree that they own various 9 l household goods and items of personal property, which are located in the Marital Home. The parties agree that the following method of dividing their household goods and personal property is fair and equitable and that they will engage in the process of dividing their personal property in good faith. Wife has made a list of the items of personal property from the Marital Home that she would like to keep and provided a copy of that list to Husband. After Husband received a copy of Wife's personal property list, he had full and fair access to the Marital Home for purposes of inspecting and reviewing the household goods and personal property. Husband prepared a list of the items of personal property from the Marital Home that he would like to keep and provided a copy of that list to Wife. Each party shall keep the items specified only on his or her respective list as his or her separate property. The parties shall divide the items contained on both parties' lists in a manner which they both agree is fair and equitable. The parties shall dispose of all remaining household goods and personal property (the items neither party wants to keep) as they mutually agree. 7. Taxes. The parties agree to jointly file their 2008 personal income tax return, as prepared by William R. Kaufman, CPA, JD. Both parties shall sign the tax return within ten (10) days of receiving notice from Mr. Kaufinan that it is prepared. Husband shall be solely and exclusively responsible to pay any tax liability owed for the 2008 tax year. Husband shall receive the entire amount of any tax refund for the 2008 tax year. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them for any jointly filed tax returns, each will indemnify and hold harmless the other from and against any loss or liability 10 S for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 8. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 9. Transfers Subject to Existing Liens. Except as set forth in this Agreement, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 10. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 11. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. 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 11 of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 12. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 13. 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 hereafter acquired by him or her, 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. 14. Debts. Husband shall be responsible for the joint debts of the parties. Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 15. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the 12 other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 16. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 17. Alimony. Beginning on December 1, 2008, Husband shall pay to Wife the sum of five thousand ($5,000) Dollars per month for her separate support and maintenance until his death, her death or remarriage or until the first day of the month in which Wife attains 65 years of age, whichever shall first occur. It is the intention of the parties that Wife's cohabitation with an unrelated individual shall be the equivalent of her remarriage for purposes of this paragraph. For purposes of this Agreement, cohabitation is defined as residing in the same household for a continuous or cumulative period of ninety (90) days, regardless of whether Wife or the other individual maintains a separate address or residence. For example, if Wife resides in the same household with an unrelated individual for a continuous period of ninety (90) days, Husband's alimony obligation shall end as of the last day of the month in which the ninety (90) day 13 requirement is met. By way of further example, if Wife resides in the same household with another individual for a period of thirty (30) days, resides by herself for a period of time, then resides with the same individual for another sixty (60) days, Husband's alimony obligation shall end as of the last day of the month in which Wife and the other individual resided in the same household for a cumulative period of ninety (90) days. Both parties acknowledge and agree that they desire to live separate and apart from each other, without undue involvement in the other's life. Wife does not want any scrutiny of her living arrangements by Husband and Husband does not want to be obligated to keep track of Wife's living arrangements. Therefore, the parties agree that Wife shall have the obligation to make Husband aware of her living situation if it could reasonably lead to termination of Husband's alimony obligation pursuant to this remarriage or cohabitation provision. Wife shall promptly provide written notice to Husband's counsel to document time periods of cohabitation or remarriage plans, giving Husband reasonable notice of the pending termination of his alimony obligation. Both parties acknowledge their intent to comply with this remarriage or cohabitation provision in good faith. In the event that Husband overpays his alimony obligation to Wife, Wife shall promptly reimburse Husband in full for any and all alimony payments she received in excess of Husband's required payments pursuant to this Paragraph. The parties agree that none of their obligations under the terms of this Agreement are intended to be a debt which is affected by a discharge in bankruptcy. They further specifically intend that Husband's alimony obligations under the terms of this Agreement shall be non dischargeable and not subject to discharge in bankruptcy because they acknowledge that, based 14 (. . upon the respective incomes, assets and needs of the parties and their households, such are necessary for Wife to meet her financial obligations and to support and maintain her standard of living. Husband represents that there are no bankruptcy proceedings presently pending in which he is involved. If Husband files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations of this paragraph are in the nature of maintenance and support, and are not dischargeable under current bankruptcy law or under any amendment thereto. 18. Tax Ramifications of Alimony. The parties agree that the entire amount being paid to Wife pursuant to Paragraph 14 of this Agreement is a separate maintenance periodic payment, included and intended to be included with the income of Wife within the meaning and intent of Section 71 of the United States Internal Revenue Code-Qf 1954 and deductible from the Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. Wife agrees that all said payments shall be included as income to Wife in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. The parties acknowledge and agree that since they are filing a joint personal income tax return for 2008, Husband's alimony payment to Wife for December 2008 will not be deductible for Husband for tax purposes or included as income for Wife for tax purposes. This Agreement has been negotiated and executed under the assumption that the payments for alimony to Wife shall be deductible by Husband. If, as a result of a binding determination to the contrary or because of some subsequent change in the governing law or its authoritative interpretation, the payments or any part of the payments will no longer be 15 l ? i deductible by Husband, then the sums payable by Husband to Wife under Paragraph 14 of this Agreement shall be reduced by the amount of his increased tax obligation. 19. Non-Modification of Alimony. The parties agree that the alimony provision takes into account the parties' overall economic circumstances including the equitable distribution of property herein and so shall not be subject to modification by any court 20. Life Insurance. Wife shall be named as sole irrevocable beneficiary of life insurance benefits insuring Husband's life in the amount of five hundred thousand ($500,000) dollars until Husband's alimony commitment to Wife is terminated pursuant to the terms of Paragraph 14 of this Agreement. Husband shall pay all required premiums to maintain the insurance coverage on his life with Wife as the beneficiary as required by this Paragraph. Husband shall pay all required premiums to maintain the life insurance coverage totaling one million ($1,000,000) dollars on Wife's life until Husband's alimony commitment to Wife is terminated pursuant to the terms of Paragraph 14 of this Agreement. Husband shall be named as the sole irrevocable beneficiary of life insurance benefits insuring Wife's life in the amount of five hundred thousand ($500,000) dollars until Husband's alimony commitment to Wife is terminated pursuant to the terms of Paragraph 14 of this Agreement. 21. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in 16 this Agreement is specifically waived. The parties acknowledge and agree that during the course of their divorce proceedings, Husband disclosed to Wife and her counsel documents and information regarding the financial position of his oral surgery practice, including but not limited to, loan documents, financial account information, retirement account information, accounting statements, balance sheets and profit and loss statements. Husband and Wife agree that any documents and information provided in the course of their divorce proceedings and mediation sessions shall not be divulged or disclosed to any individuals or entities other than the parties, their counsel and the mediator and shall be kept and maintained strictly confidential. 22. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 23. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole 17 expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 24. General Provisions. 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. 25. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after 18 L L ? y having received such advice and with such knowledge, and that execution of 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. 26. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 27. Execution of Documents. Each parry shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 28. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 29. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 30. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 31. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall 19 , ' 1 not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 20 r .. • N COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Robert J. Beaudry, Jr., who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this T? day of 2009. Notary My Commission Expires: COMMONWEALTH OF PENNSYI_VAN;'A Notarial Seal Vicky L. Fitz, Notary Public Susquehanna Twp., Dauphin County Commission Expires Jan. 6, 201Member, Pennsylvan( `kssociation of Notaries COMMONWEALTH OF PENNSYLV IA . SS. COUNTY OF C4,(1M Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Susan W. Beaudry, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this - day of Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal My Commission Expires: Barbara SumpleSuilivan, Notary Public New Cui nberian l Boro, Cumberland County 21 My Commission E)Ores.Nov. 15,2011 Member, Pennsylvania Association of Notaries 2009. v` 01M dF t.ff -y r ry .. -lir. f J i?A c Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 STTSAN W. BEAUDRY, IN THE COURT OF COMMON PLEAS Plaintiff V. ROBERT J. BEAUDRY, JR., Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 152 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 8, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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 may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: " 19 , 2009 -AtA SUSAN W. BIEAUDR ra :? ?: ,-? rx? '?., ; --- -.? ? i , .. .. ? t r ? ; Y - .. :?' '`?{ .. ^-? ,.? ? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN W. BEAUDRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT J. BEAUDRY, JR., Defendant : NO. 07 - 152 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 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. 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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: 12009 SUSAN W. BE UDRY ?.' ? s '?*7 ?? ?. d " ? ? t ,. ....? i ? \ -?' t?,;j F? t Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN W. BEAUDRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT J. BEAUDRY, JR., Defendant NO. 07 - 152 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 8, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 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 may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: F - , 2009 ? rv n Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN W. BEAUDRY, IN THE COURT OF COMMON PLEAS Plaintiff V. ROBERT J. BEAUDRY, JR., Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 152 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE . 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. 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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: k, I-, 2009 h3 r ffi rj r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN W. BEAUDRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - 152 ROBERT J. BEAUDRY, JR., CIVIL ACTION -LAW 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) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail Restricted Delivery on January 11, 2007. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff February 4, 2009; by Defendant February 4, 2009. 4. Related claims pending: All matters have been resolved pursuant to the Marriage Settlement Agreement reached by the parties dated February 4, 2009 and incorporated, but not merged, into the Decree. See paragraph 31, page 19 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: February 10, 2009. Date Defendant's Waiver of Notice in §33 (c) Divorce was filed with Prothonotary: February 10, 2009. Dated: February 10, 2009 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN W. BEAUDRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 152 ROBERT J. BEAUDRY, JR., CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: James R. Demmel, Esquire Smigel, Anderson & Sacks, LLP 4431 N. Front Street Harrisburg, PA 17110 DATED: February 10, 2009 r%uu111vy 1v1 r la11u111 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 c? r? c: ? -*, ?-; --- =1 ca ? ,,'? . - ?.?; .. ?: --? rri IN THE COURT OF COMMON PLEAS OF SUSAN W. BEAUDRY ; CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT J. BEAUDRY, JR. NO. 07 - 152 DIVORCE DECREE AND NOW, Teat-jp.4,4 it is ordered and decreed that SUSAN W. BEAUDRY plaintiff, and ROBERT J. BEAUDRY, JR. , 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.") All matters have been resolved pursuant to the Marriage Settlement Agreement reached by the parties dated February 4, 2009 and incorporated, but not merged, into the Decree. By the Court, ,*-? Attest: J. Prothonotary r 1 vk d