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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KATHLEEN L, GEESEY,
Plaintiff
No, 97-714 CIVIL TERM
v,
CIVIL ACTION - LAW
IN DIVORCE
ROBERT D, GEESEY,
Defendant
PRAECIPE OF 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 Section 3301(c) of the Divorce Code,
2.
Date
a,
b,
c,
of filing and manner of service of the complaint:
Date of filing of Complaint: 2/12/97
Manner of service of Complaint: Certified Mail, Restricted Delivery
Date of Service of Complaint: 2/25/97
3. Date of execution of the affidavit of consent required by section 3301 (c) of
the Divorce Code:
a. Plaintiff: 7/19/01
b, Defendant: 8/7/01
OR
Date of execution of the Plaintiff's affidavit required by Section 3301(d) of
the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon
the Defendant:
a, Date of execution:
b, Date of filing:
c, Date of service:
N/A
N/A
N/A
4. Related claims pending:
No issues are pending, All issues have been resolved pursuant to the Marriage
Settlement Agreclnent between the parties dated August 7, 2001 which Agreement
is to be incorporated into but not merged with the Divorce Decree,
5. Date and manner of service of the Notice of Intention to file Praecipe to
Transmit Record, a copy of which is attached. if the decree is to be entered
under Section 3301(d) (1) (i) of the Divorce Code:
a, Date of Service: N/A
b, Manner of Service: N/A
Date Waiver of
Prothonotary:
a, Plaintiff's
b, Defendant's
OR
Notice in Section
3301(c)
Divorce was
filed with
the
Waiver: 7/25/01
Waiver: 8/17/01
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KATHLEEN L. GEESEY
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. q ~ - '11 't CI..t:~L r"TMfr.'",
ROBERT D. GEESEY
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT
AND NOW, this \L~ day of h bL~.ta1997, comes the
Plaintiff, Kathleen L, Geesey, by her attorney, DIANE G.
RADCLIFF, ESQUIRE, and files this Complaint in Divorce of
which the following is a statement:
COUNT I: DIVORCE
1. The Plaintiff, Kathleen L. Geesey, is an adult
individual residing at 6330 Whitehill Dr" Mechanicsburg, Pa,
since 1974,
2. The Defendant, Robert D. Geesey, is an adult
individual residing at 6330 Whitehill Dr" Mechanicsburg, Pa.,
since 1974.
3, Plaintiff and/or Defendant have been bona fide
residents of the Commonwealth for at least six (6) months
previous to the filing of this Complaint,
4. Plaintiff and Defendant were married on August 8,
1970 at Marysville, Pa.
DIANE G, RAIlCUH
ATfORNEI'-AT-I.A\\'
~HM TRI~IH.i', R(MII
C\Mr 11I1.1., rA 17011
2
VERIFICATION
Kathleen L. Geesey verifies that the statements made in
this Complaint are true and correct, Kathleen L, Geesey
understands that false statements herein are made subject to
the penalties of 18 Pa.c,s, Section 4904, relating to unsworn
falsification to authorities,
,
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KATHLEEN L, GEESEY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
plaintiE f
v.
No, 97-714 civil Term
ROBERT D, GEESEY,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
Complaint in Divorce was served upon Robert D. Geesey on
February 25, 1997, by certified mail, restricted delivery, as
appears on the return receipt card attached hereto, marked
Exhibit "A". and made a part hereof.
Respectfully submitted,
DIANE
3
Ca
(717) 737 -0100
1.D, No. 32112
, ESQUIRE
Attorney for plaintiff
DIANE G, RAIlCLlFF
ATroRNH-AT.I.AW
J4IK TRI:'\oiUl.F. ROAn
CAMP 11I1.1-, I'A 17ClII
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7.2.01. Geeoey Conoento
KATHLEEN L, GEESEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-714 CIVIL TERM
ROBERT D, GEESEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AUIDAVIT OF-CONSEm'
1, A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on February 12, 1997,
2, The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing and service of the Complaint,
3, I consent to the entry of a final Decree in Divorce after
service of notice or 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, Section 4904 relating to
unsworn falsification to authorities,
Dated: 1-/1-0/
b, Alimonv: The following shall apply with respect to alimony to
be paid by Husband to Wife:
1, Commencement Date and Amount: Commencing with the date
of the entry of the decree in divorce, Husband shall pay
Wife alimony at the rate of $948,00 per month until
terminated or modified in accordance with the following
terms and conditions,
2, Terminat ion: Husband's obI igation to pay Wife alimony
shall
automatically
terminate
upon
the earliest
occurrence of any of the following events:
a. Death of either party;
b. Wife's remarriage;
c, Wife's cohabitation with a male not related by
blood;
d, November 11, 2011.
3, Modification: The alimony amount shall be subject to
modification by the Court based on a substantial change
in circumstances, which modification and modified amount
shall be determined in accordance with the Pennsylvania
State Support Guidelines and other laws governing spousal
support determination. The foregoing notwithstanding or
- 31 -
or his/her failure to perform his/her job as
required
by
his/her
employer,
except
for
termination of the alimony obligation in accordance
with the provisions of subparagraph 2 above;
d. Involuntarv Loss of Employment or Income: A
modification shall be permitted in the event
Husband or Wife has an involuntary loss of
employment or income, except for termination of the
alimony
obligat ion
in
accordance
with
the
provisions of subparagraph 2 above,
4. Tax Conseauences: The alimony payments are intended to
qualify as alimony under applicable IRS rules and
regulations, The alimony shall be reported by Wife as
income on her applicable income tax returns and
deductible by Husband on his applicable income tax
returns,
For all purposes, including income tax
treatment purposes, the payments shall be deemed to be a
periodic payment of alimony between Husband and Wife
associated with a dissolution of their marriage and
pursuant to a written marital agreement.
5, Pavment: Husband shall pay the aforesaid alimony and
- 33 -
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spousal support obligations to and through Domestic
Relations Office of Cumberland County, PA pursuant to a
court order to be entered for that payment converting the
existing spousal support obligation into an obligation to
pay alimony in accordance with the terms hereof and
Husband's wages shall be attached to guaranty that
payment, The parties further agree that the aforesaid
spousal support obligation shall be converted into an
alimony obligation in accordance with the terms hereof.
3.03.
HEALTH INSURANCE
The following shall apply regarding health insurance on the
parties:
e, Health Insurance for Spouse: Any party carrying health
insurance on the other party shall continue to provide health
insurance coverage on the other party until the date of the
entry of the divorce decree, The party for whom that health
insurance is provided shall be entitled to elect Cobra
coverage under the other party's employment policy in
accordance with federal rules and regulations provided that he
or she shall be solely be responsible for the payment of the
- 34 -
costs therefor,
f,
Health Insurance Documentation:
Any party having the
insurance coverage on the other party shall be required to
provide the other party with all documentation pertaining to
the insurance including, but not limited to. medical insurance
cards, benefit booklets, claim submission forms and all
statements pertaining to the determination of insurance
coverage as to each claim made thereunder,
THIS SPACE INTENTIONALLY LEFT BLANK
- 35 -
pursuant to the terms of this Paragraph, that party shall be solely
liable for any and all taxes and penalties resulting from that
withdrawal,
With respect to the foregoing it is acknowledged that Wife has
no retirement plans and that Husband shall receive as his sole and
separate property his 401 K Plan having an approximate value at
separation in the amount of $3,325,00,
2.08.
BANK ACCOUNTS/STOCK/LIFE INSURANCE
The parties acknowledge and agree that they have previously
divided to their mutual satisfaction all of their bank accounts,
certificates of deposit. bonds, shares of stock, investment plans
and life insurance cash value, ("the Accounts"), Hereafter Wife
agrees that all the Accounts held in the name of Husband shall
become the sole and separate property of Husband; and Husband
agrees that all the Accounts held in the name of Wife shall become
the sole and separate property of Wife, Each of the parties does
specifically waive, release, renounce and forever abandon whatever
right, title, interest or claim, he or she may have in the Accounts
that are to become the sole and separate property of the other
pursuant to the terms hereof,
- 25 -
2.10.
TAX PROVISIONS
The parties believe and agree that the division of property
made to be made pursuant to the terms of this Agreement is a non-
taxable division of property between co-owners rather than a
taxable sale or exchange of such property, Each party promises not
to take any position with respect to the adjusted basis of the
property assigned to him or her or with respect to any other issue
which is inconsistent with the terms of this Paragraph on his or
her applicable federal or state income tax returns.
2.11.
WIFE'S DEBTS
Wife represents and warrants to Husband that since the
parties' marital separation she has not contracted or incurred any
debt or liability for which Husband or his estate might be
responsible. Wife further represents and warrants to Husband that
she will not contract or incur any debt or liability after the
execution of this Agreement for which Husband or his estate might
be responsible,
Wife shall indemnify and save Husband harmless
from any and all claims or demands made against him by reason of
debts or obligations incurred by her,
- 26 -
$15,000,00, which she paid from the proceeds she
received from the sale of the Real Estate;
2. Any and all debts, liabilities, obligations, loans,
credit card accounts, and the like carried in
Wife's sole name,
b. Husband's Debts: Husband shall be solely responsible for
the following bills and debts:
1. Dauphin Deposit in the approximate amount of
$18,000,00;
2. Husband's father in the amount of $3,500,00;
3. Any and all debts, liabilities, obligations, loans,
credit card accounts, and the like carried in
Husband's sole name.
c, Indemnification: Each party agrees to hold the other harmless
from any and all liability which may arise from the aforesaid
bills which pursuant to the terms herein are not the
responsibility of the other party.
d, Cancellation of Joint Debts: Any joint debt shall be canceled
so that neither party can make any further charges thereunder,
and if said charges are made in violation of this Agreement,
- 28 -
"
then the party incurring said charge shall immediately repay
the same,
e, Non-Disclosed Liability: Any liability not disclosed in this
Agreement shall be the sole responsibility of the party who
has incurred or may hereafter incur it, and the party
incurring or having incurred said debt shall pay it as it
becomes due and payable,
f. No Further Joint Debt: From the date of this Agreement, each
party shall only use those credit card accounts or incur such
further obligations for which that party is individually and
solely liable and the parties shall cooperate in closing any
remaining accounts which provide for joint liability,
g,
2.14.
INDEMNIFICATION
Any party assuming an obligation pursuant to the terms of this
Agreement shall indemnify, protect and hold the other party
harmless from and against all any and all liability thereunder,
including, but not limited to, any attorney's fees and costs
incurred by the other party as the result of defending against the
obligation and/or enforcing the provisions of this indemnification,
- 29 -
release, renounce and forever abandon whatever right, title
and interest they may have in the Vehicles that shall become
the sole and separatp. property of the other party pursuant to
the terms of this Paragraph.
2.06.
REAL ESTATE
The parties were the owners of a certain tract of improved
real estate known and numbered as 6330 Whitehill Road,
Mechanicsburg, PA 17055 ("the Real Estate") which they sold in
April, 1998,
The parties acknowledge that they have previously
agreed to a division of the proceeds derived from said sale after
payment of all normal settlement costs and liens and encumbrances
and have effectuated said division and distribution to their mutual
satisfaction.
In addition to the foregoing the parties agree that WIFE has
received, and shall be entitled to retain as her sole and separate
property, the excess funds in the approximate amount of $1,000,00
remaining in the swimming pool escrow account associated with the
foregoing sale of the Real Estate and Husband hereby waives,
releases and forever abandons any and all right, title, interest
and claim therein,
It is further agreed that Husband shall be
- 23 -
entitled to retain the mortgage tax receipts and real estate tax
receipts for 1998,
The parties hereby agree that the distribution of the Real
Estate sale proceeds and swimming pool escrow account aforesaid is
hereby adopted as the parties' formal agreement pertaining to said
distribution and that they hereby waive any and all right to
distribute said proceeds and escrow account in any manner or to any
person or entity at variance to the distribution set forth above.
2.07.
RETIREMENT AND PENSION PLANS
Each of the parties does specifically waive, release, renounce
and forever abandon all of their right, title, interest or claim,
whatever it may be, in any Pension Plan, Retirement Plan, IRA
Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan,
Tax Deferred Savings Plan, any employee benefit plan and/or other
retirement type plans of the other party, whether acquired through
said party's employment or otherwise, ("the Retirement Plans"),
Hereafter the Retirement Plans shall become the sole and separate
property of the party in whose name or through whose employment
said plan or account is held or carried, If either party withdraws
any sums from the Retirement Plans distributed to him or her
- 24 -
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penalty or expense shall be paid solely and entirely by the
individual who is finally determined to be the cause of the
misrepresentations or failure to disclose the nature and
extent of his or her separate income on the aforesaid joint
returns.
b, Current Returns: The parties acknowledge that they have filed
individual income tax returns commencing with the tax year
1997 and agree that the parties shall file individual tax
returns hereafter,
1.27.
PRESERVATION OF RECORDS
Each party will keep and preserve for a period of four (4)
years from the date of their divorce all financial records relating
to the marital estate, and each party will allow the other party
access to those records as may be reasonably necessary from time to
time.
1.28.
MANNER OF GIVING NOTICE
Any notice required by this Agreement shall be sent to a party
at the address listed on page 1 above, or such other address as
that party may from time to time designate,
- 17 -
SECTION II
PROPERTY DISTRIBUTION PROVISIONS
2.01.
FINAL EQUITABLE DISTRIBUTION OF PROPERTY
The parties agree that the division of all property and debts
set forth in this Agreement is equitable and in the event an action
in divorce has been or is hereafter commenced, both parties waive
and relinquish the right to divide and distribute their assets and
debts in any manner not consistent with the terms set forth herein
and further waive and relinquish the right to have the court
equitably divide and distribute their marital assets and debts. It
is further the intent, understanding and agreement of the parties
that this Agreement is a full, final, complete and equitable
property division,
2.02.
AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all property,
tangible or intangible, real, personal or mixed, acquired by him or
her, since December 30, 1996, the date of the parties' marital
separation, with full power in him or her to dispose of the same as
- 19 -
fully and effectively, in all respects and for all purposes, as
though he or she were unmarried and each party hereby waives,
releases, renounces and forever abandons any right, title, interest
and claim in and to said after acquired property of the other party
pursuant to the terms of this Paragraph,
2.03.
WAIVER OF INHERITANCE
Each of the parties hereto does specifically waive, release,
renounce and forever abandon any right, title, interest and claim,
if any, either party may have in and to any inheritance of any kind
or nature whatsoever previously, or in the future, received by the
other party,
2.04.
PERSONAL PROPERTY
With respect to the tangible personal property of the parties
including, but without limitation with specific reference to,
jewelry, clothes, furniture, furnishings, rugs, carpets, household
equipment and appliances, tools, pictures, books, works of art and
other personal property ("the Personal Property"), the parties
agree as follows:
a. Division: Husband and Wife do hereby acknowledge that they
have previously divided the Personal Property, Hereafter Wife
- 20 -
agrees that all of the Personal Property in the possession of
Husband shall be the sole and separate property of Husband;
and Husband agrees that all of the Personal Property in the
possession of Wife shall be the sole and separate property of
Wife,
b, Waiver: The parties do hereby specifically waive, release,
renounce and forever abandon whatever claims, if any, he or
she may have with respect to the Personal Property which shall
become the sole and separate property of the other.
2.05.
VEHICLES, BOATS AND THE LIKE
With respect to the vehicles, boats, snowmobiles, motorcycles
and the like owned by one or both of the parties, or the trade in
value thereof, ("the Vehicles") if the Vehicles have been sold or
traded in prior to the date of this Agreement, the parties agree as
follows:
a. Wife's Vehicles: Any vehicle titled in Wife's sole name or
being used exclusively by her, shall be the sole and separate
property of Wife.
b. Husband's Vehicles: Any vehicle titled in Husband's sole name
or being used exclusively by him shall be the sole and
- 21 -
separate property of Husband,
c,
Ident ificat ion:
Identification of a Vehicle herein shall
include not only the Vehicle, but also the sale or trade-in
value thereof if it had been sold or traded in prior to the
date of this Agreement,
d,
Transfer of Titles:
The titles to the Vehicles shall be
executed by the parties, if appropriate, for effectuating
transfer as herein provided on the date of execution of this
Agreement and said executed titles shall be delivered to the
proper party on the distribution date.
e, Title and Power of Attorney: For purposes of this Paragraph
the term "title" shall be deemed to include "power of
attorney" if the title to the Vehicle is unavailable due to
financing arrangements or otherwise,
f.
Liens:
In the event any Vehicle is subject to a lien or
encumbrance the party receiving the Vehicle as his or her
property shall take it subject to said lien and/or encumbrance
and shall be solely responsible therefor and said party
further agrees to indemnify, protect and save the other party
harmless from said lien or encumbrance.
g, Waiver: Each of the parties hereto does specifically waive,
- 22 -
Both parties understand that they have the right to have a court
hold hearings and make decisions on the matters covered by this
Agreement,
Both parties understand that a court decision
concerning the parties' respective rights and obligations might be
different from the provisions of this Agreement,
Each party hereby acknowledges that this Agreement is fair and
equitable, that it adequately provides for his or her needs and is
in his or her best interests, and that the Agreement 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
party.
Gi ven said understanding and acknowledgment, both parties
hereby waive the following procedural rights:
a, Inventorv: The right to obtain an inventory of all marital
and separate property as defined by the Pennsylvania Divorce
Code.
b, Income and Expense Statement: The rigtt to obtain an income
and expense statement of the other party as provided by the
Pennsylvania Divorce Code, except in instances where such an
income and expense statement is hereafter re~uired to be filed
in any child support action or any other proceedings pursuant
- 7 -
to an order of court,
c,
Discovery:
The right to have any discovery as may be
permitted by the Rules of Civil Procedure, except discovery
arising out of a breach of this Agreement, out of any child
support action, or out of any other proceedings in which
discovery is specifically ordered by the court,
d, Determination of Marital and Non-Marital prooertv: The right
to have the court determine which property is marital and
which is non-marital, and equitably distribute between the
parties that property which the court determines to be
marital.
e. Other Riohts and Remedies: The right to have the court decide
any other rights, remedies, privileges, or obligations covered
by this Agreement, including, but not limited to, possible
claims for divorce, spousal support, alimony, alimony pendente
lite (temporary alimony), counsel fees, costs and expenses,
1.12.
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
- 8 -
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 rights determined by this
Agreement shall be subject to court determination the same as if
this Agreement had never been entered into,
1.13.
SOCIAL SECURITY BENEFITS
The parties agree that, subject to the rules and regulations
of the Social Security Administration, each of the parties shall
continue to be eligible for Social Security benefits to which he or
she would ordinarily be qualified as a party to a divorce after a
marriage of ten (10) years or more in duration, if the parties'
marriage is determined to be of ten (10) or more years in duration.
1.14.
PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live
separate and apart,
They shall be free from any control,
restraint, interference or authority, direct or indirect, by the
other in all respects as fully as if they were unmarried, They may
reside at such place or places as they may select, Each may, for
- 9 -
his or her separate use or benefit, conduct, carryon and engage in
any business, occupation, profession or employment which to him or
her may seem advisable, Husband and Wife shall not molest, harass,
disturb or malign each other or the respective families of each
other nor compel or attempt to compel the other to cohabit or dwell
by any means or in any manner whatsoever with him or her,
1.15.
MUTUAL RELEASES
Except as other wise expressly provided in this Agreement,
Husband and Wife each do hereby mutually remise, release, quitclaim
and forever discharge the other and the estate of such other, for
all time to come, and for all purposes whatsoever, of and from the
following:
a, Claims AQainst Prooertv or Estate: Any and all right, title,
interest and/or claims in or against the other party, the
property (including income and gain from property hereafter
accruing) of the other or against the estate of such other, of
whatever nature and wheresoever situate, which he or she now
has or at any time hereafter may have against such other
party, the estate of such other party or the property of the
other party or any part thereof, whether arising out of any
- 10 -
former acts, contracts, engagements or liabilities of such
other,
b, Dower. Curtsev, Widows Riqht~: Any and all rights and claims
of dower or curtsey, or claims in the nature of dower or
curtsey or widow's or widower's rights, family exemption or
similar allowance, or under the intestate laws, or the right
to take against the spouse's will;
c, Life Time Convevances: 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 (I) the Commonwealth
of Pennsylvania, (ii) State, Commonwealth or Territory of the
United States, or (iii) any other country;
d, Marital Rights: Any rights which either party may have or at
any time hereafter have for past, present or future support or
maintenance, alimony, alimony pendente lite, counsel fees,
equitable distribution, costs or expenses, whether arising as
a result of the marital relation or otherwise.
e, Breach Excevtion: The foregoing shall not apply to all rights
and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any
- 11 -
provision thereof. It is the intention of Husband and Wife to
give to each other by the execution of this Agreement a full,
complete and general release wi th respect to any and all
property of any kind or nature, real, personal or mixed, which
the other now owns or may hereafter acquire, except and only
except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this
Agreement or for the breach of any provisions thereof,
1.16.
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 of
any breach hereof or default hereunder shall be deemed a waiver of
any subsequent default of the same or similar nature,
1.17.
MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter,
take any and all steps and execute, acknowledge and deliver to the
other party, any and all further instruments and/or document that
the other party may reasonably require for the purpose of giving
full force and effect to the provisions of this Agreement.
- 12 -
1.18.
AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit
of the parties hereto and their respective heirs, executors,
administrators, successors and assigns,
1.19.
INTEGRATION
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.
1.20.
OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith
(and within at least twenty (20) days after demand therefor),
execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes, stock certificates, or such other
writings as may be necessary or desirable for the proper
effectuation of this Agreement, and/or as their respective counsel
shall mutually agree, should be so executed in order to carry out
fully and effectively the terms of this Agreement,
1.21.
NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless
- 13 -
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 subsequent default of the same or
similar nature, nor shall it be construed as a waiver of strict
performance of any other obligations herein.
1.22.
BREACH
If for any reason either Husband or Wife fails to perform his
or her obligations owed to or for the benefit of the other party
and/or otherwise breaches the terms of this Agreement, then the
other party shall have the following rights and remedies, all of
which shall be deemed to be cumulative and not in the alternative,
unless said cumulative effect would have an inconsistent result or
would result in a windfall of the other party:
a, Specific Performance: The right to specific performance of
the terms of this Agreement, in which event the non-breaching
party shall be reimbursed for all reasonable attorney's fees
and costs incurred as the resul t of said breach and in
bringing the action for specific performance,
- 14 -
b. Damaqes: The right to damages arising out of breach of the
terms of this Agreement, which damages shall include
reimbursement of all attorney's fees and costs incurred as the
result of the breach and in bringing the damage action.
c, Di vorce Code Remedies: The right to all remedies set forth in
Section 3502 (e) of the Pennsylvania Divorce Code, 23 PA,
C,S.A, 3502(e), and any additional rights and remedies that
may hereafter be enacted by virtue of the amendment of said
statute or replacement thereof by any other similar laws,
d, Other Remedies: Any other remedies provided for in law or in
equity,
1.23.
LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws
of the Commonwealth of Pennsylvania,
1.24.
SEVERABILITY
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 remain valid and continue in full force, effect and
- 15 -
operation. Likewise, the failure of either party to meet his or
her obligations under this Agreement under anyone or more of the
paragraphs hereunder, with the exception of the satisfaction of a
condition precedent, shall in no way avoid or alter the remaining
obligations of the parties,
1.25.
HEADINGS NOT 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,
1.26.
INCOME TAX MATTERS
With respect to income tax matters regarding the parties the
following shall apply:
a,
Prior Returns:
The parties have heretofore filed joint
federal and state returns,
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, each will indemnify and hold harmless the
other from and against any loss or liability for any such tax
deficiency or assessment therewith,
Such tax, interest,
- 16 -
rights and obligations as between each other including, without
limitation by specification: the settling of all matters between
them relating to the ownership and equitable distribution of real
and personal property; the 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 premises and
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 hereto, Wife and
Husband, each intending to be legally bound hereby, covenant and
agree as follows:
THIS SPACE INTENTIONALLY LEFT BLANK
- 2 -
broken and that they will secure a mutual consent no-fault divorce
decree in the above captioned divorce action, Upon the execution
of this Agreement, or as soon as possible under the terms of said
Divorce Code if said documents can not be signed upon the execution
of this Agreement, the parties shall execute and file all documents
and papers, including affidavits of consent, necessary to finalize
said divorce. If either party fails or refuses to finalize said
divorce or execute and file the documents necessary to finalize the
divorce, said failure or refusal shall be considered a material
breach of this Agreement and shall entitle the other party at his
or her option to terminate this Agreement,
1. 04.
EFFECT OF DIVORCE DECREE
Unless otherwise specifically provided herein, this Agreement
shall continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties,
1. 05.
AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The terms of this Agreement shall be incorporated into any
Divorce Decree which may be entered with respect to them,
1. 06.
NON-MERGER
This Agreement shall not merge with the Divorce Decree, but
- 4 -
rather,
it shall continue to have independent contractual
significance and each party shall maintain their contractual
remedies as well as court remedies as the result of the aforesaid
incorporation or as otherwise provided by law or statute,
1.07.
DATE OF EXECUTION
The "date of execution", "execution date" or "date of this
Agreement" shall be defined as the date of execution by the party
last executing this Agreement,
1. 08.
DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for
herein shall only take place on the "distribution date" which shall
be defined as the date of execution of this Agreement unless
otherwise specified herein.
1. 09.
ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have
been fully explained to the parties by their respective counsel,
Maria p, Cognetti, Esquire for Husband, and Diane G. Radcliff,
Esquire, for Wife, The parties acknowledge that they have received
independent legal advice from counsel of their selection and that
they fully understand the facts and have been fully informed as to
- 5 -
their legal rights and obligations. They acknowledge and accept
that this Agreement is, 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, 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.
1.10.
FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial
accuracy of the financial disclosure of the other, as an inducement
to the execution of this Agreement and each party acknowledges that
there has been a full and fair disclosure of the parties' marital
assets and debts and the parties' respective incomes, which has
been provided to each party.
1.11.
DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS
Each party understands that he or she has the right to obtain
from the other party a complete inventory or list of all of the
property that either or both parties own at this time or owned as
of the date of separation, and that each party has the right to
have all such property valued by means of appraisals or otherwise.
- 6 -
.
,
I'
,
t.:
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KATHLEEN L. GEESEY,
Plaintiff
VS.
ROBERT D. GEESEY,
Defendant
NOTICE TO DEFEND AND CLAIM RIGlITS
You have heen sued in Courl. If you wish to d<fond
against lh. claims sel forth in the following pago"
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 lhe Courl. A judgment may nlso he
entered against you for Rny other claim or reHef
requesled inlhese papers by tb. Plaintiff. You may
lose money or property or other rights important to
you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you muy
request marriage counsding. A list of marriag~
counselors is available in the Office of the
Prothonotary at the Cumherland County Courl House.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY,
DIVISION OF PROPERTY, COUNSEL FEES OR
EXPENSES BEFORE THE FINAL DECREE OF
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.
:,
NO. 97-714
CIVIL ACTION - LAW
IN DIVORCE
AVISO PARA DEFENDER Y REl'J.AMAR DERECIIOS
Ustcd lIu Sido Dcmundudo En Lu Corle. Si desea
det~ndersc de hL" quejus expueslaS en las paginas siguientes,
dehe tomur acci6n con prontitud. Se Ie avisa que si no se
defiende, el caso puede proceder sin usted y decreto de
divorcio 0 anulamienta puede ser emitido en su contra por
la Corte. Una dedsi6n puede tambi.n ser emitida en sa conlra
por cualquier otra queja 0 compensaci6n reclamadoJ par el
demandante. Usted puede perder dinero, 0 propiedades u
olros derechos importantes para usted.
Cuando 18 ha.se para d divorcio es indignidades 0 rompimiento
irreparahle del matrimonio, usted puede solicitar consejo
matrimonial. Una lisla de conscjero5 matrimoniales csta
disponihle enla oficina del Prnlhonowy, en 10 Cumberland
Counly Court Hous.. Carlisle, PA.
SI USTED NO RECLAMA PENSION ALIMENTICIA,
PROPIEDAD MARITAL, HONORARIOS DE ABOGADO
U OTROS GASTOS ANTES DE QUE EL DECRETO
FINAL DE DlVORCIO 0 ANULAMIENTO SEA
EMITIDO. USTED PUEDE PERDER EL DERECHO A
RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO
DE INMEDlATO. SI NO TIENE 0 NO PUEDE PAGAR
UN ABOGADO, V A Y A 0 LLAME A LA OFICINA
INDICADA ABAlO PARA AVERIGUAR DONnE PUEDE
OBTENER ASISTENCIA LEGAL.
COURT ADMINI!,TRATOR'S OffiCE
of Cum her land County
Cumberlund Counly Courthouse
I Courlllouse Squure
Curli,le, Pem"ylvuniu 17013
Telephone: (717) 240-6200
TelHono (717) 240-6200
(continued)
AS OF 10 -oS" - ~()o(.,
CASE# /117 - 7/~
HAS BEEN SCANNED.
ALL EARLIER
FILINGS TO THIS
CASE HAVE BEEN
MICROFILMED.
KATHLEEN L. GEESEY,
PlaintifflPetitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
VS.
CIVIL ACTION - DIVORCE
ROBERT D. GEESEY,
Defendant/Petitioner
NO. 97-714 CIVIL TERM
IN DIVORCE
PACSES # 501000021
ORDER OF COURT
AND NOW to wit, this 5th day of October 2006, it is hereby Ordered that pursuant to the
parties' marital settlement agreement of August 7, 2001, and upon notification that the plaintiff
has remarried, the Domestic Relations Section hereby dismisses their interest in this matter.
The above captioned case is closed with no balance due the plaintiff.
BY THE COURT:
Ke~e;;S' ~ f-i.. j.
DRO: R.1. Shadday
xc: Petitioner
Respondent
Maria P. Cognetti, Esq.
Setvice Type: M
FonTI OE-OOI
Worker: 21005
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