HomeMy WebLinkAbout95-03901
KENNETH C, BEAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
No. 95-3901 Civil Term
SHIRLEY A. BEAN, CIVIL ACTION - LAW
Defendant : IN DIVORCE
S ORDER
I 1996, the following Is
HEREBY ORDERED AND DECREED:
A. Background Information:
1, Plan Participant:
Name:
Kenneth C, Bean
Address:
Date of Birth:
935 South 28th Street
Camp Hili, PA 17011
July 1, 1947
086.36.1396
SSN:
2, Altemate Payee:
Name:
Shirley A, Bean
Address:
96 Central Avenue
Queensbury, NY 12804
Date of Birth:
December 13, 1948
SSN:
114-42.8338
3,
Name of Plan to which this Order applies:
U,S. Navy Retirement - Account No. 086-36.1396
DIANE G. RAnCLlFF
ATI'ORNF.Y.AT_I.AW
'HI TRINhI.[ RnAn
CAr.IP 11I1.1., PA nUll
4, This Is a property distribution order made under the divorce and
equitable distribution statutes of the Commonwealth of PEnnsylvania, and In
accordance with the provisions of such statutes, the portion being distributed to the
Alternate Payee has been determined to be her property.
5. Except as set forth herein, all rights In and to the retirement benefits,
Including the regular retirement not distributed to the Alternate Payee and all VA
retirement benefits are awarded to the Plan Participant, it being the Intent of the
Order that the Plan Participant shail receive ail benefits remaining after the payment
of the Alternate Payee of her distributive share.
6, Nothing herein contained shall In any way require the Plan to provide
any form, type or amount of benefit not otherwise available by law,
7, A true copy of this Order shall be served upon the Plan Administrator
and shall take effect Immediately and shail remain In effect until further order of
court, This Court shall retain jurisdiction over this Issue so as to carry forth the
intent of this Order,
BY THE COURT:
J,
DIANE G, RADCLIFF
ATIORNf.Y.AT.I.A IV
IUI TRINPI.r. ROAn
CAMP 11I1.1.. PA nOli
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year above written,
WITNESS:
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KENNETH C, BEAN
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SHIRLEY ~ BEAN '
DIANE G. IIAIlCI.IH
ATroRNI:\,.AT.I.AII'
SHII T'U~IIt.t IUI.\n
CAMP 11I1.1.,1''\ 111111
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ACItIIOWLIDOIMlIlT
COMMOIlWIALTB or PI....StLVAIlIA
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I certify that on .Jls '" day of III (1 ,,\ 1__ , 1996,
before me the undersigned, personally appeared K......TB C. B~
(known to me or satisfactorily proven) to be the person whose
name is subscribed in the above instrument, and acknowledged
that she executed the instrument for the purposes expressed in
the instrument.
In witness to which I set my hand
official seal.
.,)
,-_1-
Not
Notary Public for the
Commonwealth of Pennsylvania
My Commission Expires: 'i,/J/'I'I
NOTARIAL SEAL
HELEN E RASMUSSEN. Notary Public
Camp Hill Borough. Cumberland County
MVCo'"~~~~~9.1_~xpif~' Aug. 2, 1999
SETTLEMENT AGREEMENT
THIS AGREEMENT
:;[it II '-
is made and entered into this
Jff1..
day of
, 1996 between Kenneth C. Bean,
referred to as
the "Husband", currently residing at 935 South 28th Street, Camp
Hill, Cumberland County, Pennsylvania, and Shirley A. Bean,
referred to as the "Wife", currently residing at 96 Central Avenue,
Queensbury, New York. They are collectively referred to as the
"Parties" .
WIT N E SSE T H:
WHEREAS, the Parties hereto were duly and lawfully married to
each other on August 29, 1970 in Newcomb, Essex County, New York;
WHEREAS, Husband and Wife have no minor children as of the
date of this Agreement and Wife is not now pregnant;
WHEREAS, certain unhappy and irreconcilable differences have
arisen between the Parties, in consequence of which, they presently
live separate and apart, and intend to live separate and apart for
the remainder of their lives;
WHEREAS, the parcies desire to enter into an Agreement under
which their respective financial and property rights, and all other
rights, remedies, privileges and obligations to each other arising
out of the marriage relation or otherwise shall be fully prescribed
and bounded thereby; and
WHEREAS, a Complaint in Divorce was filed in the Court of
Common Pleas of Cumberland County, Pennsylvania, at No, 95-390l on
July 24, 1995;
1
ARTICLE II
NO MOLESTATION
Neither party shall in any way molest, disturb, or trouble the
other or interfere with the peace and comfort of the other or
compel or seek to compel the other to associate, cohabit or dwell
with him or her by any action or proceeding for restoration of
conjugal rights or by any means whatsoever.
ARTICLE III
ALIMONY
The Parties agree that Husband shall pay Wife three hundred
dollars ($300.00) each month as alimony.
However, upon any
increase in Husband's designated non-VA benefits due to a decrease
in Husband's Veteran's Disability waiver, said monthly alimony
payments shall be reduced accordingly, Husband's obligation to pay
alimony shall begin on the date the divorce decree is issued, and
shall terminate upon wife's death, remarriage or cohabitation, or
upon Husband's death. The alimony payments shall be income to Wife
and a tax deduction for Husband. Husband shall pay said alimony as
follows:
A. Fifty dollars ($50.00) directly to Wife;
E. Two hundred fifty dollars ($250.00) directly to the
institution that administers the loan for the mobile home (as
discussed in Article v, Paragraph E) until one of the following
occurs:
1. The debt is refinanced by Wife;
2. The debt is paid in full; or
3, The mobile home is sold,
3
The parties agree that if one of the above contingencies
occurs, Husband shall make the alimony payment directly to Wife
until the termination of Husband's obligation to pay alimony.
ARTICLE IV
SPOUSAL SUPPORT
Each party waives, for the remainder of his or her natural
life, any right which he or she may have to receive spousal support
from the other party.
ARTICLE V
MARITAL PROPERTY AND EQUITABLE DISTRXBUTXON
A. Financial Disclosure. The Parties waive their rights to
require the filing of financial statements by the other, although
the Parties have been advised by their respective attorneys that it
is their legal right to have these disclosures made prior to
entering into this Agreement and by entering into this Agreement
without reliance upon financial disclosure, the Parties are forever
waiving their right to request or use that as a basis to overturn
this Agreement or any part thereof.
B,
Income Tax Considerations.
The transfers of property
pursuant to this agreement are transfers between Husband and Wife
incident to their divorce and as such are nontaxable, with no gain
or loss recognized, The transferee's basis in the property shall
be the adjusted basis of the transferor immediately before the
transfer. The transfers herein are an equal division of marital
property for full and adequate consideration and as such will not
result in any gift tax liability.
4
C. Militarv Retirement. The Parties stipulate and agref>
that Wife shall receive fifty percent (50'ld of Husband's non-VA
retirement benefits as well as the cost of living increases
coinciding with her share, to be paid to her directly by the
military pursuant to a Qualified Domestic Relations Order,
Each party shall be responsible for any taxes associated
with his or her share of the non-VA retirement and shall report
same on his or her tax returns.
The Parties agree that Husband's military retirement pay
that has been waived in order to receive Veteran's Disability
benefits is not marital property subject to equitable distribution
and as such shall remain the property of Husband, free of any claim
or right of Wife,
The Parties further stipulate and agree that Wife shall
be entitled to all military benefits to which she is entitled by
law.
D. Personal Propertv. The Parties stipulate and agree that
all items of personal property have previously been divided between
themselves upon mutual agreement. The Parties do hereby
specifically waive, release, renounce and forever abandon whatever
claims, if any he or she may have, with respect to any of the items
previously divided between themselves,
1. Motor Vehicles. The Parties agree that each Party
shall have full and sole possession and shall become the full and
sole owner of the automobile presently in their possession. On or
5
before the date of the execution of this Agreement, the Parties
shall execute the titles to the said vehicles, if appropriate, so
~s to effectuate the transfer as herein provided,
The Parties further stipulate and agree that they previously
divided between themselves any and all other items of marital and
personal property, not specifically mentioned above,
Each party shall pay any taxes, expenses, loan payments, and
insurance associated with the personal property awarded to him or
her pursuant to this Agreement, unless otherwise provided in this
Agreement.
The Parties do hereby specifically waive, release, renounce
and forever abandon whatever claims, if any he or she may have,
with respect to the above items which shall become the sole and
separate property of the other.
E. Mobile Home. The Parties agree that Wife shall have sole
ownership of the mobile home located at 96 Central Avenue,
Queensbury, New York 12804, Husband agrees to transfer said
property to Wife upon the occurrence of one of the contin3encies of
Article III. Husband agrees to make, execute, and deliver any and
all instruments deemed necessary or desirable for the purpose of
transferring ownership to Wife.
Upon the occurrence of one of the contingencies in Article III
or the termination of Husband's obligation to pay alimony, the
responsibility for the debt regarding the mobile home shall shift
to Wife, Wife, in this circumstance, agrees to hold Husband
6
harmless for the payment of these expenses, or to reimburse Husband
for any such expenses he may choose to make on Wife's behalf for
the purpose of saving the property from repossession.
Once the responsibility for. paying said expenses shifts to
Wife, if Wife is unable to pay said expenses, then the mobile home
will immediately be placed for sale with both parties agreeing to
make, execute, and deliver any and all documents necessary to
effectuate the sale. The net proceeds of the sale shall then be
the sole property of Wife.
F. Timeshare Property. The Parties stipulate and agree that
Husband shall own their interest in the timeshare property located
at the Lago Visa Vacation Resort at Buena Ventura wakes, 180 Royal
Palm Drive, Kissimmee, Florida. Both Parties agree to make,
execute, and deliver any and all documents deemed necessary or
desirable to effectuate such transfer. Husband shall pay the
expenses incurred annually and shall receive the proceeds if the
property is sold.
G. Other Assets.
1. Subj ect to a.ld except as provided in this Agreement,
each party shall own, free of any claim or right of the other, all
of the items of property, real, personal, and mixed, of any kind,
nature, or description, and wheresoever situate, which are now
owned by him or her, or which are now in his or her name or
physical possession or control or to which he or she is, or may be,
beneficially entitled or which may hereafter belong to or come to
7
him or her with full power to him or to her to dispose of the same
as fully and effectually in all respects and for all purposes as if
he or she were sole and unmarried.
2. Except as herein provided to the contrary Husband
hereby expressly waives any right or interest he might have or
might acquire in or to any assets of Wife not specifically
mentioned in this Agreement, including but not limited to
automobiles, bank accounts, brokerage accounts, jewelry, furs,
musical instruments, individual retirement accounts, stocks, bonds,
options, pension plans, life insurance and causes of action.
3. Wife hereby expressly waives any right or interest
she might have or might acquire in or to any assets of Husband not
specifically mentioned in this Agreement, including but not limited
to automobiles, bank accounts, brokerage accounts, jewelry, furs,
musical instruments, individual retirement accounts, stocks, bonds,
options, pension plans, life insurance and causes of action.
ARTICLE VI
DEBTS
A.
Marital Debts.
The parties agree that there are no
marital debts. All debts, contracts, obligations or liabilities
incurred at any time in the past or future by either of the parties
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 other or his
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too,
or her estate indemnified and saved harmless from all debts or
liabilities incurred by him or her, as the case may be, and from
all actions, claims and demands whaLsoever with respect thereto and
from all costs, legal or otherwise, and counsel fees whatsoever
appertaining to such actions, claims and demands. Neither party
shall, after the date of this Agreement, contract or incur any debt
or liability for which the other or his or her property might be
responsible and shall indemnify and save harmless the other from
any and all claims or demands made against her or him by reason of
debts or obligations incurred by her or him and from all costs,
legal costs and counsel fees unless provided to the contrary
herein.
B. Husband's Debts. Husband represents and warrants to Wife
that since the separation 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
Wife from any and all claims or demands made against her by reason
of debts or obligations incurred by him. Further, Husband hereby
agrees to be solely responsible for all debt associated with any
credit accounts, indemnifying and holding Wife harmless thereon.
c. Wife's Debts. Wife represents and warrants to Husband
that since the separation 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 Husband from any and all claims or demands made against
9
him by reason of debts or obligations incurred by her. Further,
Wife hereby agrees to be solely responsible for all debt associated
with any credit accounts, indemnifying and holding Husband harmless
thereon.
ARTICLE VII
MUTUAL RELEASE AND DISCHARGE OF GENERAL CLAIMS
Subject to the provisions of this Agreement, each party has
remised, released, and forever discharged, and by these presents
does for himself or herself, and his or her heirs, legal
representatives, executors, administrators, and assigns, remise,
release, and forever discharge the other of and from all causes of
action, claims, rights, or demands, whatsoever, in law or in
equity, which either of the Parties hereto ever had, or now has,
against the other, except any and all cause or causes of action for
divorce.
ARTICLE VIII
MUTUAL RELEASE AND DISCHARGE OF CLAIMS IN BSTATBS
Each party hereby releases, waives and relinquishes any and
all rights which he or she may now have, or may hereafter have, as
the other party's spouse under the present or future laws of any
jurisdiction (a) to share in the Estate of the other party upon the
latter's death; and (b) to act as Executor or Administrator of the
other party's Estate.
This provision is intended to, and shall,'
constitute a mutual waiver by the Parties to take against
other's Wills, now or hereafter, in force under the pre.ent
10
ARTICLE XV
FULL DISCLOSURE
Both the legal and practical effects of this Postnuptial
Agreement, in each and every respect, and the financial status of
the Parties have been fully explained to both Parties by their
respective counsel, and each party acknowledges that the Agreement
is reasonable and that it is not the result of any fraud, duress,
or undue influence exercised by either party upon the other or by
any other person or persons upon either.
ARTICLE XVI
SUBSEOUENT DIVORCE
There is pending between the Parties an action for divorce
instituted in the Court of Common Pleas of Cumberland County,
Pennsylvania at Docket No. 95-3901. Husband and Wife agree that
their marriage is irretrievably broken and that the same shall be
dissolved pursuant to Section 3301 (c) of the Divorce Code of
Pennsylvania. The Parties, therefore, agree as follows, TO WIT:
A. Not later than seven (7) days following (the 90th day)
October 22, 1995, or the signing of this Agreement, whichever is
later, both Husband and Wife shall sign, for filing with said
Court, an Affidavit of Consent agreeing to the entry of a final
decree in divorce.
B. Unless ei ther party shall have requested counseling prior
to the filing of said Affidavit of Consent, the right to request
such counseling shall be deemed waived.
13
C. The Parties agree that the provisions contained in this
Agreement are final and cannot be modified other than by subsequent
written agreement of the Parties. The provisions of this Agreement
shall be incorporated and made a part of the decree of divorce
granted in the aforementioned action, and the Court of Common Pleas
of Cumberland County, Pennsylvania shall have jurisdiction over the
parties to enforce this Agreement. This Agreement shall, in all
respects, survive the same and be forever binding and conclusive
upon the parties enforceable as the independent contractual
obligations of the Parties after the entry of any such order or
decree.
ARTICLE XVII
}lREACH
If either party breaches any provisions of this Agreement, the
other party shall have the right, at his or her election, to sue
for damages for such breach or seek such other remedies or relief
as may be available to him or her, and the party breaching the
Agreement shall be responsible for payment of any legal fees and
costs incurred by the other in enforcing his or her rights under
this Agreement.
ARTICLE XVIII
HEADINGS
The headings are used in this Agreement solely for conyenience
and are not to be uSed in construing or interpreting this
Agreement.
14
respective hands and seals the day and year first above written and
IN WITNESS WHEREOF, the Parties hereto have hereunto set their
they hereby aCknowledge and agree that the provisions of this
Agreement shall be binding upon their respective heirs, assigns,
executors and administrators.
WITNESS:
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KENNETH C. BEAN
(Seal)
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SHIRLEY A. B (Seal)
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KENNETH C. BEAN I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
va. I No. 95 - 3901 CIVIL TERM
I
SHIRLEY A. BEAN, I CIVIL ACTION - LAW
Defendant I DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following
information, to the Court for entry of a divorce decree:
1. The ground for divorce is irretrievable breakdown under
Section 3301(c) of the Divorce Code.
2. The Complaint was filed on July 24, 1995, and was served
upon the Defendant by certified mail on August 7, 1995.
3. The Plaintiff's Affidavit of Consent was executed by the
Plaintiff on ~u I1.A.. 4 ,1996, and filed on
.JWlf I~ The Defendant's Affidavit of Consent was
executed on AA{ucl);' t.- 1996, and filed on
A/J/11 ),..1. , 1996.
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4. Plaintiff executed a Waiver of Notice of Intention to
Request Entry of a Divorce Decree under 3301(c) of the Divorce Code
on JLlIH >-I' , 1996, and said waiver was filed on -.JLI nl 1 ~ ,
1996. Defendant executed a Waiver of Notice of Intention to
Request Entry of A Divorce Decree Under 3301 (c) of the Divorce Code
on -Aillv1l.h ,),L, , 1996, and said waiver was filed on
Ann I ),'1 ' 1996.
.
5. There are no related claims pending. The parties have
resolved economic issues by agreement.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Dated: ~ /13 J t)l(
.l
inda A.
Attorney ID No. 729
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Attorney for Plaintiff
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ItIlIOlBTH C. BBAIf, I IN THE COURT or COJOCON PLUS or
Plaintiff I CUMBBRLANDCOUNTY, PBIOISYLVANIA
I
va. I NO. 95- ;/ ,?O J CIVIL TBRH
I
SHIRLBY A. BEAN, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
NOTICB TO DBI'BND AND CLAIM RIGHTS
YOU HAVB BBBN 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 diyorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or yisitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary, Cumberland County Court House,
Carlisle, Pennsylvania.
II' YOU DO NOT FILB A CLAIM rOR ALIMONY, DIVISION or PROPBRTY,
LAWYBR'S J'BBS OR Bll'BNSBS BUORE A DIVORCB OR ANNULHBNT IS GRANTBD,
YOU KAY LOSB THB RIGHT TO CLAIM ANY or THBH.
YOU SHOULD TAitE THIS PAPER TO YOUR LAWYER AT ONCE. II' YOU DO
NOT HAVE A LAWYBR OR CANNOT Arl'ORD ONB, GO TO OR TBLBl'HONB TBB
OI'J'ICB SBT PORTH BBLOW TO rIND OUT WHERE YOU CAN GET LEGAL BBLl'.
CUMBERLAND COUNTY COURT ADMINISTRATOR
Cumberland County Courthouse
Third Floor
Carlisle, PA 17013
(717) 249-1133 or (717) 697-0371
KIIOIITH C. B!AIf, I IN THI COURT OF CONNON PLEAS OF
Plaintiff I CUMBIRLANDCOUNTY, PIIOISYLVANIA
I
v.. I NO. lI5- CIVIL TIRM
I
8HIRLIY A. B!AIf , I CIVIL ACTION - LAW
Defendant I IN DIVORCI
AVISO PARA DIFINDIR Y RICLAMAR DIRICHOS
U8TID HA 8IDO DIMANDADO EN LA CORTE. si desea defenderse de
las quejas expuestas en las paginas seguientes, debe tomar accion
con prontitud. se le ayisa que si no se defiende, el caso pude
proceder sin usted y decreto de diyorcio 0 anulamiento puede ser
emitido en su contra por las Corte. una decision puede tambien ser
emitida en su contra por caulquier otra queja 0 compensacion
eclamados por el demandante. Usted puede perder dinero, 0
propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio eo indignidades 0 rompimiento
irreparable del matrimonio, usted puede solicitar consejo
matrimonial. Una lista de consejeros matrimoniales esta disponible
en la oficina del Prothonotary, en la York County Court of Common
Pleas, 28 East Market street, York, Pennsylvania.
SI U8TID NO RICLAMA PIHSIOH ALIMENTICIA, PROPIEDAD MARITAL,
KOJrORARIOS DI AIIOGADO U OTROS OAST08 ANTES DE QUI EL DECRETO FINAL
DI DIVORCIO 0 ANULAMIINTO 8EA INTIDO, U8TID PUIDE PIRDER EL DIRICKO
A RICUUL\R CUALQUIIRA DI ILL08.
USTID DIBI LIVAR 18TI PAPIL A UN ABOOADO DI INMBDIATO. 80 NO
TIINI 0 NO PUBDI PAGAR UN ABOGADO, VAYA 0 LLAME A LA OrICINA
IIIDICADA ABAJO PARA AVIRIGUAR DOHDI PUIDI OBTINIR A8I8TINCIA LIOAL.
CUMBERLAND COUNTY COURT ADMINISTRATOR
Cumberland County Courthouse
Third Floor
Carlisle, PA 17013
(71"') 249-1133 or (717) 697-0371
.BnITS C. BBAIf , I IN THE COURT or COKHON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
va. I NO. 95- 3'}o I CIVIL TERN
I
SHIRLBY A. BBAIf , I CIVIL ACTION - LAW
Dafendant I IN DIVORCE
COMPLAINT UNDER SECTIOW 3301(0) OR 3301(d)
or THB DOMESTIC RELATIONS CODE
1. Plaintiff is Kenneth C. Bean, an adult individual, who
currently resides at 935 South 28th street, Camp Hill, Cumberland
County, Pennsylvania 17011.
2. Defendant is Shirley A. Bean, an adult individual, who
currently resides at 96 Central Avenue, Queensbury, New York 12804.
3. Plaintiff has been a bona fide resident of the
Commonwealth of Pennsylvania for at least six (6) months
immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on August 29,
1970 in Newcomb, New York.
5. The Plaintiff and Defendant are residing in separate
households.
6. The parties haye been separate and apart since March,
1993.
7. There have been no prior actions of divorce or for
annulment between the parties.
B. The Defendant is not a member of the armed forces of the
United States or any of its allies.
KlIflfBTH C. BIAN, I IN THB COURT OF CONNON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PBIflfSYLVANIA
I
v.. I NO. 95- CIVIL TERM
I
SHIRLEY A. BEAN, I CIVIL ACTION - LAW
D.f.ndant I IN DIVORCE
VERIFICATION
I, ItEKNETH C. BEAN, verify that the statements made in the
foregoing DIVORCE COMPLAINT are true and correct to the best of my
knowledge, information and belief.
I understand that false
statements herein are made subject to the penaltios of 18 Pa. C.S.
4904, relating to unsworn falsification to authorities.
-
Date: 7-7 - 9 s
'101 ~ (Ix..
KENNETH C. BEAN
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ItENNETH C. J)EAN, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
va. I No. 95 - 3901 CIVIL TERM
I
SHIRLEY A. BEAN, I CIVIL ACTION - LAW
Defendant I DIVORCE
AFFIDAVIT OF CONSENT
I, ItENNETH C. BEAN, being duly sworn according to law, depose
and say:
1. A Complaint in Divorce under section 3301 (c) of the
Divorce Code was filed on July 24, 1995.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing 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 and expenses if I do not claim
them before a divorce is granted.
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 1B Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
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KENNETH C. BEAN, Plaintiff
Sworn to and subscribed before me
this 4-1-1\ day of \IL1.11.L- ,1996.
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NOTARIAL SEAL I
HELEN E HASMUSSF.N, NotRry Public.
Camp Hill D[ll~ltllh, Cumborland County
.._~V.~~I.I"~ . , rJf'IrIJ5 AIIO .2. 1999 :
KENNETH C. BEAN, I IN THE COURT OP COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
VB. I NO. 95 - 3901 CIVIL
I
SHIRLEY A. BEAN, I CIVIL ACTION - LAW
Defendant I DIVORCE
WAIVER OP NOTICE OF INTENTION TO REOUEST
ENTRY OP A DIVORCE DECREE UNDER
SECTION 3301 CC) OP 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,
diYision of property and lawyer's fees or expenses if I do not
claim them before a divorce is granted.
3. I understand that I will not be diVorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Dated:
'-4-'fG
J)J..
KENNETH
~ r /?-
C. BEAN, Plaintiff
.'
..
ItBNNBTH C. BEAN I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
VB. I No. 95 - 3901 CIVIL TERM
I
SHIRLEY A. BEAN, I CIV!L ACTION - LAW
Defendant I DIVORCE
AFFIDAVIT OF CONSENT
I, SHIRLEY A. BEAN, being duly sworn according to law, depose
and say:
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on July 24, 1995.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing of
the Complaint.
3. I consent to the entry of a final Decree of Divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees and expenses if I do not claim
them before a divorce is granted.
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 1B Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date:
3/~~J9G
I /
.~
Sworn
this
to and subscribed bef~e me
2(, day of Mlfc<,~I/\., 1996.
;CJLDf' IJ.cj_
RICHARD E, fiAlll \
f'rJtl'o,)' Put I;f ," ,"'. S, I f
N 01' .1" tl N~. ),,,.
0. AOl3Uoo Qullfi"d I,. W. .
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.
ItENNETH C. BEAN, I IN THE COURT OF CO~ON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
VB. I NO. 95 - 3901 CIVIL TERM
I
SHIRLEY A. BEAN, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
WAIVER OF COUNSELING
I, SHIRLEY A. BEAN, have been advised of the availability of
marriage counselling and understand that I may request that the
Court require that my spouse and I participate in counselling; I
understand that the Court maintains a list of marriage counsellors
in the Domestic Relations Office, which list is available to me
upon request; and, being so advised, I do not request that the
Court require that my spouse and I engage in counselling prior to
a Divorce Decree being handed down by the Court.
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 1B Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date:
'3p~ 19(0
, {
Sworn
to and subscribed before me
)t/i,';) , 1996.
It
day of
this
4i,u.o~t
- RICHARD E.
~DI(lf, PutI' BAlin
~'.JI JIC III If!.~, I
'-.v 04013:1/00 g. ." N..,
M 'Q" "'1..\1 I . or"
, COltl~'U""n fll1r,lt. .. " W'l"";" (ClUJ'
...".... 'II, .~~(
1tllllllTH C. BIAN, I IN THE COURT OF COHHON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
va. I NO. 95-3901 CIVIL TERM
I
8HIRLBY A. BIAN, I CIVIL ACTION - LA.
Defendant I IN DIVORCE
AFFIDAVIT OF SERVICE
I, Linda A. Clotfelter, Esquire, counsel for the Plaintiff,
Itenneth C. Bean, do hereby affirm that a true and correct copy of
the return receipt of the Complaint in Divorce sent by certified
Mail, Restricted Delivery, Return Receipt Requested, which return
receipt appears to contain the signature of Shirley A. Bean, is set
forth below. The undersigned understands that the statements
therein are made subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
r i ;E~D~R:
1"1 . COfnIlMI' h.m. 1 .'-d/u, 2 fOf .dd1tlon,1 "fY!'''.
I I . Compa.I' lI.m. 3, .nd ... . b.
. p,lnl 'tour n.m. .nd .dd,... on lhe "V,,,, ollhl' 101m 10 thlt w. un
r.turn thl, ,,'d to you.
~ . AlIIeh thi, 101m to IhI hont 01 the m.ilpi.u, or on thl buill! 'PIC'
e do.. nol p.rmil,
I . Will' "RttulnR'Cllp, R,quIIl'd" on lhe m.dpitc.belnw the IIIICI, numh.,
"b . The R.tum R.ulp, wllI.how to whom lhe .'llclt "'" dlllv,"d .nd Ih.d,l"
i d.ny,"d,
i 3, Artlcl. Addr....d 10:
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I ,110 wish to rocoivo the
follOWing lervice. lIor an nUa .d
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1. [J Add'....... Add.... eX
2. IX] Rostricted Delivorv
Consult pOSlmn!Hcr tor foo.
48. Articlo Numbor
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SHIRLEY A. !lEAN
96 CENTRAL AVENUE
QUEENSBURY. NY 12804
IllnslIfcd
co
1:1 COD .6
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[) Rahim Roccipt for :J
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1. Doi07DellverV - oS
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4h. Servico Typo
rJ Registered
KI C.rtlfi.d
D Expross Mall
. D.c.mber 1991 *ue.OpO:IN>-OU'''' DOMESTIC RETURN RECEIPT
LAW OFFICES OF CRAIG A. DIEHL
Dated:
~/1'j 115
,
,Ch
Clotfelter' Esquire
ttorney ID No. 72963
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613