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HomeMy WebLinkAbout01-03159 )0< ,J ". ~ ~~ '", "'">'''-1"";;,,, = -. ".,~ ~ ,,-,,~,,,,",',-,,'''-',,,~^,;..."\:oL,_~,_ -f'f . . ;to; ;to; ff.;to; ;to; ff. ;to; ;to; . ;to; ;to;;to; ff.;to; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. . . . Fay Geesaman . . . . No. 01-3159 . . VERSUS Donald Geesaman . . . . . . . . DECREE IN DIVORCE ANDNOW,~~ 7OC> '$ , , tb IT IS ORDERED AND DECREED THAT FAY GEESAMAN , PLAINTIFF, . . . . DONALD GEESAMAN , DEFENDANT, AND . . ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO~t> If!... THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YE-r BEEN ENTERED; ~LAe.- . The attached Marital Settlement Aqreement is incorporated, . but not merged, in the Divorce . . ( PROTHONOTARY . . . . . . ",;to; ff. ff. ;to; ;to; ;to; ;to; ;to; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . w fi}3 /.:2 - It' .03 I,;) . /'i .a3 'j " ""'- ,"4 . ,,~ ~ ~"ll . '<; ~ a/~/Wb~~4~ 7!~ ~ :? tij' ~~ '" ~"li,~ q.~ "','~"_ c >, r'- ""',~'_ ,~_~~~, ,Jl!!:l~~M!\l~W'l'!i'"!~lwrfNW;'~1!""':>;"""'r""",,,,~g;~~I"""'t~w1~~~~~ ,,',',,", "_f_" ."" "'""-;.";,.,.';,,,,,,~...""'''' "I", " ",>,,~',-;'n,'_ -- -,..", "~",{::'i-'''';;,;<,':_ ;:--"'';'''-~':,;.o,-,' !.~;, -;J,i~;;~L:.":-:'-,i,:;,;"jj.';:;;:;';{";:";:,,L,-<:;;__, ' '," ,. \0 FAY GEESAMAN, PLAINTIFF, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-3159 DONALD GEESAMAN, DEFENDANT. : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 330HC) OR 3301 (D) OF THE DIVORCE CODE 1. A complaint in divorce under S 3301(D) or 3301 (D) of the Divorce Code was filed on May 23, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe 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. S 4904 relating to unsworn falsification to authorities. ~/~--. DONALD GEESAMAN DATE: l?o/C3 -1ir-""-~lj l' 1li1Ii.i"Ii""+$1'''''~~'tl.'t''u'!tii'L "';:":~':' ~i-li~,,~~~rw~ C,",,=_~ ,",~~ ~ ,~~. ~e '. ",',~ ,> ,. , <""'- i" -~ -" " ;'.' " ~ 0 0 0 C W .'1 $: :z __-I ""00.1' 0 ~.'I S2~B -< , "f='';;: ZC -:;~;8 ~~;~ r-.> , ' ~C -.:::::(:) ;':>> -""I ~C ~" ~1~~ ~ >~ If? (~5 rn Z ::,..--t :< .s:- ~ "' "1'.' Ii 'i I .. ~ . . ',,"'" " 61- 31 S9 C?:,~~L"r~ C? ~J?t ~c. cJ=' ~EIu)I.CL. ( . et"ii~m~ 1.2,~;'d3: Afs~ ';o';;pl"t~ item 4 if Restricted Delivery, is desired. . Print your name and address on the reverse , so that we' can return the card to you. . Attach this card to the back of the maiipiece, or on 'the front if sq~~..permits. . ,"', ~~1".l"r-.n~ 1. Article Addressed to:. , .- Jt~l..l:,;~,n; i'U;,:--?)y Donc.ltO ~;;~m~~'1 : \9> D ~'X /(!:iCJ ~ (Yl-t"C\"~.fi 1'70SV 3_~Se,TyPe~ ~ Certified Mall tJ R.gistered o Insured Mall ~ 2. Article Number (Copy from service label) C ..k rrf ~ ?~OOi-i?!-ffi~i<;-4',ep;; .,O}T~irq)~~ ;iii! ' 1"$ "'0".381 i, July 1999 ' " " ' . bom~ic R~;um R~eipl' , , """ i 1025!J6.00.M-0962 ...a, '0' ';;>- ,;;>- , U1 Postage $ \Tl r-'l C Certified Fee LIl Return Receipt Fee , t:l (Endorsement Required) t:l Restricted Delivery Fee C (Endorsement ReqUJred) t:1 Total Postage & Fees \Tl U'l r-'l ,0 o o l"'- , ' ~~~~~~l.;;ilAli"'ij,'-'_.H!lIiiII<l.Ml~]~;i<I~li~~~~~~~~'~".L~~a-' =,~ <" ~ '" _r~' ~ ,,~,~ ~,',~~ -' I, ,~"~ ._fitiAfii!\<' '" "'u ,~"",,, ,"'" ',,,,~ - ,,.-_ -'>. ~~ (") <:=> 6 ~ to.) "1'",' i:1ro 0 fT1 mrn C") -r{ Z:o i;;:;;; Z'-' -~Jr.q cn~ :,----:,0 ~~-". '::) L :-:::c, -0 ,.,.jf.J ~o ::;0:: ::-7'--H :;;;:0 ~) (") C om ~ r..n ~ r" -< ~, - , ~ Ii ~ ~- .c"..,';,',"",, - " ;,~, c' """"cb,. --,'c:'"'___ "',,"',," --~', ,; . ,'-;" ,,'~;,i,~ ,,,,,-,,'",,, '.."" . , . , m:\home\jrb\family\geesaman agt.wpd Draft 11 10/07/03 AGREEMENT BETWEEN DONALD L. GEESAMAN AND FAY L. GEESAMAN Jeffrey R. Boswell, Esquire Counsel for Donald L. Geesaman Jay R. Braderman, Esquire Counsel for Fay L. Geesaman -1- -~ ,>~ - ~ ~ .~ " ..!>' 1:- ."~,~ SECTION I INTRODUCTION THIS AGREEMENT made this day of September, 2003, by and between DONALD 1. GEESAMAN ("Husband") and FAY 1. GEESAMAN ("Wife"). WITNESSETH: WHEREAS, Donald 1. Geesaman, Social Security Number 181-42-8572, was born on August 3,1951, and currently resides at 1472 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007; WHEREAS, Fay 1. Geesaman, Social Security Number 198-44-8855, was born on February 8, 1955, and currently resides at 20 Ashbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050; WHEREAS, the parties hereto are Husband and Wife, having been married on October 27, 1984, in Carlisle, Cumberland, Pennsylvania 17013; WHEREAS, two children were born of this marriage, a son, Courtoey, born December 24, 1986, and a daughter, Whitney, born December 19, 1989; WHEREAS, the parties separated and both remained in the marital residence on and after May 3, 2001; WHEREAS, the marital residence was later sold as provided herein; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support 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 ofthe mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree, as follows: -2- - .....~ "r' ~- ." ~ ~ _._ i"~ 'ililiiil!iif'" "I. ~~.." ~';;"'.":"~I''';''-; SECTION II GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution ofthis Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless other wise 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. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" ofthis Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Jay R. Braderman, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Jeffrey R. Boswell, Esquire, The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, 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 -3- ............. " I . ,~,.-,"'-' --'< ':"'J" ,';.0:"" - =' lW~ 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. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by 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 position set forth in the preceding sentence on his or her federal or state income tax returns. The parties filed separate federal income tax returns for the period ending December 31, 2002. With regard to the joint income tax returns previously filed, both parties agree that any tax, interest, and penalty will be paid solely by the individual responsible for the omission or misrepresentation prompting additional tax. For tax year 2003, and thereafter, Courtney will be Husband's dependent, and Whitney will be Wife's dependent, so long as both are dependents. When there is only one dependent, Husband will declare the one dependent in the first year, and Wife will declare the dependent in the second year, alternating same thereafter, with both parties agreeing to execute any forms required, including the written declaration, IRS Form 8332. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband 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 whatsoever with him or her. 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement. A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this -4- -,~,~.."...~ - - , ~ " , ~ ;""" "~, ~a..w.rj\\li~;j~lilM'llii,""l' Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any fonner or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior to or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery pennitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional infonnation is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4 ) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. -5- :t......~<""'"=""'-'. '= "h.~ ---." - -,'"' .' '-... ilii'~~" "',."-c ~ ~ "~"'''''A'' 11. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies oflaw and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code, as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. 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. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. -6- ~~'''"... '~'~'-~'--"~ ~ " "~ - ",J. i' I ' ~~ ','::..~I,,:' 17. NO WAIVER DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of either party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to 20 Ashbury Drive, Mechanicsburg, Pennsylvania 17050, or counsel for Fay 1. Geesaman, or such other address as Wife from time to time may be designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent be certified mail, return receipt requested, to 1472 Boiling Springs Road, Boiling Springs, Pennsylvania 17007, or counsel for Donald 1. Geesaman, or such other address as Husband from time to time may designate in writing. 20. 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. -7- """"_..."",,. " ~- , . ~"''""''''''',. ~ ~- - ; .I:I~" ~~"~ J> "" ,- - - ~!II_,,;.' SECTION III CHILD CUSTODY The parties will abide by any Order of Court concerning custody of the minor children identified, as follows: Courtney Geesaman, born December 24, 1986; and Whitney Geesaman, born December 19, 1989, as filed to Cumberland County, 03-422. SECTION IV CHILD SUPPORT The child support of the minor children, Courtney Geesaman and Whitney'Geesaman, shall be provided in Cumberland County, Domestic Relations Section, Docket Number 634-S- 2002, P ACSES Case Number 482104681. SECTION V ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS 1. ALIMONY AND LIFE INSURANCE A. Alimonv. The parties acknowledge and agree that the provision of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them as supplemental by alimony as provided, as follows: Husband shall pay Wife on the first day of each month alimony, as follows: $475.00 from October 1, 2003, to June 30, 2005; and $300.00 from July 1,2005, to June 30, 2008 The payment of alimony will terminate upon either party's death, Husband's retirement from the federal government, Wife's remarriage, or Wife's cohabitation with a person of the opposite sex. Husband's payment of alimony pendente lite, as enforced by the Cumberland County Domestic Relations Section, shall be dismissed immediately and be replaced by alimony as provided in this section. The parties acknowledge and agree that alimony payments will not be included in the calculation of Child Support (Section IV) as income to Wife or as a deduction to Husband. B. Life Insurance. Husband and Wife each agree to purchase a $30,000 term life insurance policy naming each other as primary beneficiary and the children as contingent beneficiaries, and they agree to keep their respective policies in force until June 30, 200&. The parties shall provide each other proof of insurance immediately and on July 1 of each year. -8- "'~j,.""",""'~'_ l '-!l'<"....' ~ -", ~' ;;'111 ,;<, '" , .;jj.lr~l>lMj,;(;;"h..,', SECTION VI PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 2. RETIREMENT BENEFITS The parties agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans, including her retirement/pension plan as a member of the Pennsylvania State Employees Retirement System and the plan resultant from her employment with the United States Postal Service, and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. The parties further agree that Husband shall retain sole ownership and possession of his retirement/pension plan resultant from his military service with the U.S. Marine Corps, and Wife specifically releases and waives any and all interest, claim, or right that she may have to this asset. Husband shall retain ownership and possession of thirty-five (35%) percent of the marital portion of his civil service retirement resultant from his employment as a civilian for the federal government, and Wife specifically releases and waives any and all interest, claim, or right she may have to those assets. Wife shall acquire ownership of sixty-five (65%) percent of the marital portion of Husband's civil service retirement resultant from his employment as a civilian for the federal government as shall be provided in an appropriate Qualified Domestic Relations Order (QDRO), the cost for the preparation of which QDRO shall be shared equally by Husband and Wife. 3. BANK ACCOUNTS Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are -9- , ~"~- ~~ I ," . " . " "< '" .< -f;,,_' , ,'.' , '., , .'';',[~'~; '. ,'. entitled and each party waives any right, title or interest they may have in the other parties' account. Husband and Wife agree that Husband will be sole owner of the TSP account that existed prior to separation and that Husband and Wife will disclose to each other any accounts established prior to separation for the benefit of either or both children. 4. AUTOMOBILES At the time of separation, the parties were the owners of various automobiles including a 1996 Chevrolet Silverado Truck, a 1998 Chevrolet Astro Van, a 1984 Monte Carlo, and a 1997 Subaru. The 1996 Chev~olet Silverado Truck was traded after the marital separation for a 2000 Ford F -150 Truck. After marital separation, Wife purchased a 2002 Dodge Intrepid. The 1998 Chevrolet Astro Van was sold; the loan was paid off, and the proceeds were divided equally, Husband and Wife agree that the 1996 Chevrolet Silverado Truck, and the 1984 Monte Carlo shall remain the sole and separate property of Husband, and Wife waives any right, title or interest she may have in this vehicle. Husband and Wife agree that the 1997 Subaru and the 2002 Dodge Intrepid shall be the sole and separate property of Wife, and Husband waives any right, title or interest he may have in the vehicle. Each party shall be responsible for any loans on his or her vehicles distributed under this Agreement. Husband and Wife agree that neither has any right, title, or interest to any vehicle purchased subsequent to their separation and shall likewise not be responsible for any loans or leases as to those vehicles. 5. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credits cards and accounts for which that party is individually liable. The following credit cards had outstanding balances when the parties separated. Wife and Husband agree that the liability for payment as to those certain accounts shall be, as follows: A. Husband (I) PNC Visa, Account No. 4264297967395646 $10,180 (2) U.S. Bank Visa, Account No, 4430470085739974 $127 (3) Members I", Account No. 23886-1 (ref. Section VI. 8) $5,000 B. Wife (I) Bonton, Account No. 061867412 $180,94 (2) Discover, Account No, 601102250324621 $284.47 -10- .",,. " " . .' , . (3) Kohl's, Account No. 0293780060 $49.64 (4) Sears, Account No. $100.00 (5) Boscov's, Account No. $100.00 6. WAIVER OF PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 7. AFTER-ACOUlRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution ofthis Agreement, with full power in him or her to dispose ofthe same as fully effectively, in all respects and for all purposes, as through he or she were unmarried. 8. REAL ESTATE A. Marital Residence. The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 105 Pin Oak Drive, Carlisle, Pennsylvania 17013 (hereinafter referred to as "Marital Residence"), which is subject to a first mortgage. The parties agree as follows with respect to the Marital Residence: (I) The marital residence was sold November 15, 2002, for $129,900.00. The net proceeds of$25,615.37 on November 19, 2002, was placed in Attorney Braderman's trust account awaiting distribution. (2) William Treichler was paid $775.00 on October I, 2003, as per the March 28, 2003, Bear Construction estimate for certain repairs, which satisfies all claims by William Treichler, the purchaser. (3) Distribute the net proceeds to Wife and Husband, as follows: (i) Members I sl $5,000.00 to Husband with regard to a home improvement loan, account 23886-1, as to which loan Husband will be solely responsible; -11- '-"- .1,,, lO" ',~, ' , < '--';;, ,; , ,,~ ';;', ;,;J"',')I~~~e;:1 ,",--, ,~" - l'"-' ',' . . (ii) 50% of remaining funds ($9,920,19) to Wife; and (iii) 50% of remaining funds ($9,920,18) to Husband, B. Timeshares. Husband and Wife agree to divide certain timeshares, equally, identified, as follows: (1) Star Island Resort & Club, Kissimmee, Florida 34746 (with bills to be sent (50%) to Husband and (50%) to Wife); and Carriage House Country Club, Pocono Manor, Pennsylvania 18}J';l f.lAlitPbilIs to be sent (100%) to Husband and who will pay 50% and inllm(grra'YelY'teii'ff bill to Wife to pay remaining 50%)~11~ for the timeshares shall be paid within 60 days of their receipt. ~?"".JV" Husband and Wife shall continue to own the timeshares, equally, as tenants in common, with the parties' children to be the owners of those timeshares upon the decease of either or both of the parties, The maintenance and real estate charges and membership for those timeshares shall be equally divided. In odd number years, Wife shall have the Pocono timeshare available to her, and Husband shall hltve the Florida timeshare available to him. In even numbered years, Wife shall have the Florida timeshare available to her, and Husband shall have the Pocono timeshare available to him. Husband and Wife agree that there will be no reimbursement to each other for the 2002 expenses paid by either of them. Husband and Wife agree to share equally expenses for 2003 and subsequent years. Husband and Wife agree that their children will succeed to ownership of each parent's individual one-half (1/2) interest of both timeshares upon his or her death, that they shall provide for same in his or her Last Will and Testament, and that failure to provide for same will not defeat the children's claim to the timeshares, (2) 9. BOAT AND LAWNMOWER. Husband and Wife acknowledge that they own a 1988 20' Sunbird power boat and a Craftsman riding mower. Neither of these items are subject to loans, nor are they registered or titled. Husband and Wife agree that Husband shall be the sole and separate owner of the 1988 20' Sunbird power boat and the Craftsman riding mower. SECTION VII CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. -12- ~~~ ~'"..~-, .~ ,~~ -~,,~' - - , d.,"'" =_. .'. r,,~. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. ~A_~_ onald L. Geesaman - ~;(~p~ Fa . Geesaman /:fr~ D~T 10/;';:/03 DATE -13- ",'_J --'. " "',.,- ___'1,__' , "r.- ~ ,. I ~' .', ," '='.-',.~ "' ,.,_" '~rj~,",., " ,,,~ -" l~"':;' FAY GEESAMAN, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3159 DONALD GEESAMAN, Defendant : CIVIL ACTION - LAW : 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: L Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: U. S. Certified Mail Number 7000 1530 000501354406 accepted June 21,2001, signed by Donald Geesaman. A copy of which is attached hereto. 3, Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, October 15, 2003, By Defendant, October 22,2003. Both Affidavits of Consent were filed with the Prothonotary on November 12, 2003, Copies of the time-stamped Affidavits of Consent are attached to this Praecipe, 4, Related claims pending: None ."- f_'-__ ,"," '... "'0"" ,-" '".". """''-'''-",-;", '",""'kK"."'^ ',.," , . ""'''., \~, . . 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(c) or 3301(d)(1)(i) of the Divorce Code: Plaintiffs Waiver executed on October 15, 2003, and was filed with the Prothonotary on November 12, 2003; Defendant's Waiver executed on October 22, 2003 and was filed with the Prothonotary on November 12, 2003. Copies of both time-stamped Waivers are attached to this Praecipe. Respectfully submitted, Date: / Attorney for Plaintiff ~~~~~!I.lI~~~i~j """,,,_,,"~r:l= ,- ~~:E&,_~~_"")jl..otM~,liil..~:li ~~., "5'>-~-"""""""~'~h'"_~,~'" = ~~ _,_ - 'lllf'--' .~~-- ~" - - ,~ -" , 0 0 0 ~ tAl 'T1 0 ~ ""Ct.}:! \""'1 (~\::_; 92r" " :X: -c:r:!:! zr-- ~~-, :;~~ ~CJ -u 3:0 :.it ~~~ri -0 PC: ~ U1 ::;;! N ~ ~~ !II '" -c :__' :_: I - J ~,' ., ~o "' -,,-i,;.o,.-';""c,,-,,"> -"c~">;,.,;tC,:':',0,,:~'::.:,;:, -"'k <,,;':~~ FAY GEESAMAN, PLAINTIFF, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-3159 DONALD GEESAMAN, DEFENDANT. : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(0 OR 3301 (D) , OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. 0ca -d1UM~ FA GEESAMAN DATE: \ \{ V>\ \)2, ~~ti!lit&tt:ill~_i.l:IM.~W~~~f.1i~~~iilillimlll~ '"' ,.c;;;;'~..\;:~~'",k .." ,'"' ',~ " ,,""CO, " "', " 0 CO C) C GO -Ti ~ :z ""OQ C:J mrr! ,,-;:::' '-7 :X" Zr;: ---, ~;" 1') --:,''') --,:?~C) t<C'--~ "., ':",-, 2?:c - ~~~ Z~ - ~U If? Orn c: Z -_t =<! $" ?D -< "' " iI,.;;_ I",,', '~,' 1" " . , ~--, 0' - ~ ::'~' I" ,~d""';{''';k":'';,'' '.' ,- ~."'~J:/~i,:";""; -"',', __'~"-"",,",,__i;'~ FAY GEESAMAN, PLAINTIFF, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3159 DONALD GEESAMAN, DEFENDANT. : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 330HC) OR 3301 (D) OF THE DIVORCE CODE 1. A complaint in divorce under S 3301(C) or 3301 (D)ofthe Divorce Code was filed on May 23, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe 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. S 4904 relating to unsworn falsification.to authorities. J~ do~. Y GEESAMAN DATE: 10\ lS-\\)3 "~fiI.i." ~, l~i'ilt_~~~,.cid.~"""'-- f~. ".~~_"~~~_ "..'~.~"-, ,_.'~~. ~ '-~ ~ < ~ - ..:.1 "_ "'-' ;"t ',' ,~, "''''''''''~"'' '-' ^ " ~ ' 0 <=) 0 C <..0:' '11 g Z -00:' C;:) m[f: 0<:: ".12 ~~~,: 2_1_' Zr- _"".1.".' ~,;t~ 1') ~t; ".. ~;i~i ~() ::s:: 2~ :;;0 'f? c ~ z e =<! .c- ~ " -'" '-',:' - " ~ ._, ,"-'_",'L"';': ,'...."-;,"-" ' ,: ~"__',." FAY GEESAMAN, PLAINTIFF, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-3159 DONALD GEESAMAN, DEFENDANT. : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 330HC) OR 3301 (D) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 ofthe 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. S 4904 relating to unsworn falsification to authorities. ~!J/-~ DONALD GEESAMAN DATE: loj~~Cl0 , '~ _~-"_ t "'~ ">""...'" FAY GEESAMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3159 DONALD GEESAMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the attached Divorce Complaint. Respectfully submitted, Date: . .. ' "~ ,~, " ':';\ ~. ., j.i8:J1ifiii::~ '","'~.-~-" Ir{uM"'""'~~I'il1JU~'j'lll( "i"'liirlit~~--.r~I!ill~~_~J~~~ J! ",tILL-Lilli mL,lllllll!" .w.:'" '~;;~ w '_"'~W'H,_~",'A,,"",""~""',',"",",,,, ~,.. ,',"','".~"" co.' "" () C 7'" -o[J'j mrr: Z:J~: ?"r- w","t> -< 4-~ r:: 1..._' ,,," ~~3 7 =< " "' . ..............,~ (:J- ~ '~, -" ~::: -'"JP ---~ ";',1 \-0 -."iT'1 -) '-r" >,,",,'- (~) ~~i " p ~ -'" -,>> i",') w " u ,~ '.' ~n _ _~ " ' .r. 'J. " ""'.- ~ FAY GEESAMAN, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3159 DONALD GEESAMAN, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE To The Prothonotary: J Please withdraw and mark settled and discontinued Counts I, II, ill and IV of Plaintiff's Complaint in Divorce. Respectfully submitted, Attorney For Plaintiff } . J' , - CERTIFICATION I hereby certify that I am this day serving a true and correct copy of the attached Praecipe on the following individual by First Class U.S. Mail addressed as follows: Jeffiey R Boswell, Esquire Boswell, Tintner, Piccola & Wickersham 315 North Front Street P.O, Box 741 Harrisburg, P A 171 08 L3 Attorney For Plaintiff gti:ik"'ilI~~li'~il~lilii~;lgj'~~1lij~~ofil~~.jjlj1ilii\ti:i~~lI'Ji>>i'[' _.. __u.. 1\JI",^J,._,~ - _". <_""3,"",""""-"""",,",,,,,, ., ~~.="~"'?,""'~, ,~~,. ,,~"'" _", _ . ." .~ , ld......b..~L;, =- -'. ~""' """"-",,,~~ :~~' -'"~ 'n 0 0 c w s: 'TJ -'''''OlXi 0 ::;:J 'me;:; fT"J Z......} n :'~'~' J:J e;5;:: ~'~i''-n -< o. -:-,<50 ~6 r~-'\ L '< -0 :':,CJ ~C :z ;t= :-R p:O ~,() c - Or'll :z " -I =< (J1 ~ N -< > , ~. L C~ " '1~""~ . ~ "~<"' ,l <~tliillli~ ..- - , . . , <M< - ,. _'k <' --I '11liif.'; " t, ~ JUN 3 0 2004 v' In The Court Of Common Pleas Of Cumberland County, Pennsylvania Plaintiff Fay Geesaman Docket No. 01-3159 In Divorce v. Defendant Donald Geesaman ' cS[;Q.~ -, COURT ORDER ACCEPTABLE FOR PROCESSING / AND NOW, this "(.oday of ~~, 2~ ,based on the findings set forth below in items one tnrough five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through eighteen: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on October 27, 1984. 2. Effect of This Order as a Court Order Acceptable for Processing: This Order creates and recognizes the existence of a former spouse's right to receive a portion of the employee's benefits payable under the Civil Service Retirement System ("CSRS"). Such benefits may represent a portion of the Employee Annuity, a Refund of Employee Contributions or may award a Former Spouse Survivor Annuity to the former spouse. It is intended to constitute a Court Order Acceptable for Processing under final regulations issued by the Office of Personnel Management ("OPM"). The provisions of this court order are drafted in accordance with the terminology used in Part 838 of Title 5, Code of Federal Regulations. The terminology used in the provisions of this order that concern benefits under the Civil Service Retirement System are governed by the standard conventions established in that part. 3. Employee Information: The name, last known address, social security number, and date of birth of the "Employee" are: Name: Donald Geesaman ("Employee") Address: 1472 Boiling Springs Road, Boiling Springs, Pennsylvania 17007 Social Security Number: #181-42-8572 Birth Date: August 3, 1951 4. Former Spouse Information: The name, last known address, social security number, and date of birth of the "Former Spouse" are: Name: Fay Geesaman ("Former Spouse") Address: 20 Ashbury Drive, Mechanicsburg, Pennsylvania 17055 Social Security Number: #198-44-8855 Birth Date: February 8, 1955 >.i' .~~..- .~ L . ~C~ ,.....' ~~ ~ , " ~ '"", ,~. ","_~,".J ' , "--''''"''-.''.-;b' 1'.., ~ "CSRS (COAP) PAGE 2 The Fo~~er Spouse shall have the duty to notify the OPM in writing of any changes in her mailing address subsequent to the entry of this Order. 5. Identification of Retirement System: The Employee will be eligible for retirement benefits under the Civil Service Retirement System based on employment with the United States Government. 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. 7. For Provision of Marital Property Rights: This Order relates to the provision of marital property rights of the Former Spouse. 8. Providing for Payments to Former Spouse: The Former Spouse is entitled to a portion of the Employee's Gross Monthly Annuity under the Civil Service Retirement System as set forth below. The United States Office of Personnel Management is hereby directed to pay Former Spouse's share directly to Former Spouse. 9. Amount of Former Spouse's Benefit: This Order assigns to Former Spouse an amount equal to Sixty-Five Percent (65%) of the Marital Portion of the Employee's Gross Monthly Annuity determined as of the date the marriage ended (May 3, 2001). For purposes of calculating Former Spouse's share of Employee's benefit, the Marital Portion shall be determined by multiplying the Employee's Gross Monthly Annuity earned through the date the marriage ended (May 3, 2001) by a fraction, the numerator of which is the total number of months of Creditable Service earned under the CSRS during the marriage (from October 27, 1984 to May 3, 2001), and the denominator of which is the total number of months of the Employee's Creditable Service accrued under the Civil Service Retirement System through May 3, 2001. The marriage began on October 27, 1984. Further, any salary adjustments that occur after May 3, 2001 shall not be incorporated into the calculation of Former Spouse's share of the Employee Annuity. 10. Cost of Living Adjustments: When Cost of Living Adjustments are applied to Employee's retirement benefits, the same Cost of Living Adjustment shall apply to the Former Spouse's share. 11. Benefit Commencement Date: The Former Spouse shall commence her benefits as soon as administratively feasible following the date this Order is approved as a Court Order Acceptable for Processing, or on the date the Employee commences his benefits, if later. Payments shall continue to the Former Spouse for the remainder of the Employee's lifetime. However, in the event that the Former Spouse dies before the Employee, the United States Office of Personnel Management is directed to pay the Former Spouse's share of the Employee's civil service retirement benefits to the surviving children of the marriage, including any adopted children, in equal shares. Upon the death of any child, that child's share will be distributed among the other surviving children. The Employee agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Former Spouse in accordance with the terms of this Order. DRAFTED: 12/17/03 12-09-03-106-3547Q ","-- ~~ ~- ' "., I , d" , '--""-'fi": - l CSRS (COAP) PAGE 3 ,1 2. Refun.d of Employee Contributions: If Employee leaves Federal service before retirement and applies for a refund of employee contributions under the CSRS, Former Spouse shall be entitled to a prorata share of the refund of such employee contributions. , 13. ~ormer Spouse Survivor Annuity: Pursuant to Section 8341 (h)(1) of Title 5, United States Code, Former Spouse shall be awarded the maximum possible former spouse survivor annuity under the Civil Service Retirement System unless Employee remarries before retirement. If Employee remarries before retirement, under Section 8341 (h)(1) of Title 5, United States Code, Former Spouse is awarded a Former Spouse Survivor Annuity under the Civil Service Retirement System in an amount equal to a prorata share. The marriage to the Former Spouse began on October 27, 1984. Employee agrees to take all necessary steps to elect Former Spouse as the designated beneficiary for purposes of establishing and sustaining such surviving spouse coverage for Former Spouse. 14. Cost of Former Spouse Survivor Annuity: Former Spouse's share of Employee's annuity will be reduced by the amount of the costs associated with providing the former spouse survivor annuity awarded in paragraph 13. 1 5. Transfer to FERS: In the event that Employee makes a one-time irrevocable election to transfer into the Federal Employees Retirement Systems ("FERS") before his retirement, then Former Spouse shall be entitled to a portion of the Employee's Basic Annuity and/or a Refund of Employee Contributions under FERS calculated in a manner similar to that which is enumerated in Sections 9 and 12 above for the CSRS annuity and refund, respectively, and payable directly from FERS. Additionally, Former Spouse shall be entitled to a Former Spouse Survivor Annuity payable under FERS and determined in a similar manner to the survivor benefits set forth under Section 13 above. Further, such Former Spouse Survivor Annuity shall be payable from FERS. 16. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the OPM: (a) to pay a former spouse a portion of an employee annuity before the employee annuity begins to accrue; (b) to pay a former spouse any amounts that are in excess of an employee's net annuity; or (c) to pay a Former Spouse Survivor Annuity in excess of the maximum permitted amounts under the CSRS and the FERS. 17. Constructive Receipt: In the event that the CSRS inadvertently pays to the Employee any benefits that are assigned to the Former Spouse pursuant to the terms of this Order, the Employee shall immedia~ely reimburse the Former SP<?use to the extent that he/she has received such benefit payments, and shall forthwith pay such amounts so received directly to the Former Spouse within ten (10) days of receipt. DRAFTED: 12/17/03 12-09-03-106-3547Q - "" .' -" J ,,=,~,.h' -"--Jo ,'" - -"~ .' ,- iiI~,':'''c , . ". , CSRS (COAP) PAGE 4 18. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its status as a Court Order Acceptable for Processing and the original intent of the parties as stipulated herein. ----- DRAFTED: 12/17/03 12-09-03-106-3547Q m '~..'.""--" ;~T'~~ ."~ '^"-" ~='.''''''''''''"''''"~'cW"",.~~~",r.~ !\~ O...~LEi),"CfFICE r TI-/e PF{CT!I(Jw',r/ Q'I .' " ,J,-.,-Ji/J,,;, i nal, Ji Ii -I '"''' '-P,~ "ll'i 0: 35 C", ..'I, --' , ~ "", ',' .. -' ,. " ,- ,,'!IIInfit" cJ' ~' J J~~ ~ o \ -\0 .1 ~ ~ J-~'1 '\ ,. ~,~"<, ., .,' ~~<l'-"-l ,. .,~,~R~~~!i-lOO;:~mlW'''''''t,*''0'i1'1';f,W!'''iiB,~~~m;l~~~~~!?j!!.~i''II~!,,>j!I!ij~1!~~~"111l!f;J;~~t'f-- :,. " '0. ''''l',:I''"''''''''' -,'-"~ 'IUt\iil~1lIi!_" - -^~='io;il'\l""""'- - - ~ ,~ . - ''-". '!Il[jjjllt!.l!i!"" -}':"'i*~S' FAY GEESAMAN, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 01- .31$9 c~o~ lC I~ DONALD GEESAMAN, Defendant : CIVIL ACTION - LAW : 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 of relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary. IF YOU DO NOT FILE A CLAIIvI FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIIvI ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-316 Date: f 0 ( ~i4i~..--",,,,*.<>'lI--"~ ~.. ,- "' -"~' ~ ,~" - , ~ liu lIT. I ~, , ~"'i1 .1~Thr. -~. """'-'W~~:i!.t' FAY GEESAMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01- 31Sc; (!wd r~ DONALD GEESAMAN, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT DNORCE UNDER SECTION 3301 (C) OR 3301 (D) OF THE DNORCE CODE AND NOW COMES Plaintiff, Fay Geesaman, by her Attorney, Jay R. Braderman, Esquire, and respectfully represents as follows: 1. Plaintiff is Fay Geesaman, an adult individual who is sui juris and resides at 105 Pin Oak Drive, Carlisle, Pennsylvania 17013. 2. Defendant is Donald Geesaman, an adult individual who is sui juris and resides at 105 Pin Oak Drive, Carlisle, Pennsylvania 17013. 3. Plaintiff has been a bona fide resident in 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 October 27, 1984, in Carlisle, Pennsylvania. 5. There are two children born of the marriage: Courtney, born December 24, 1986 Whitney, born December 19, 1989 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling, '~I$~%%;h~!I!l..jl.".l"'W~..li"i"'l!""'_~~~ " "-"~ ~ .~ 1 ."-"'-" liltil "liil1 !Ii ,'~ -Mi~;\\"im;- 8. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. B. Section 3301(d): The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about May 3,2001. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT I REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal during their marriage. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint and Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties and the marital debts of the r~-"",_,~,.,~ iiI.' -.,' ,"'-'- ~, ~, I . '111 Jn~' _cJ "-~~liil!lt< '< ""~~15J!Fid{7 parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order of equitable distribution of marital property and marital debts. COUNT n ALIMONY 13. Paragraphs 1 through 12 of the Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff lacks sufficient property to provide for her reasonable needs. 15. Plaintiff is unable to sufficiently support hereselfthrough appropriate employment. 16. Defendant has sufficient income and assets to provide continuing support for Plaintiff. COUNT ill ALIMONY PENDENTE LITE ATTORNEY'S FEES AND COSTS 17. Paragraphs 1 through 16 of the Complaint are incorporated herein by reference as though set forth in full. 18. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 19. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action, ''''''''~''ii''''~'~'''.'';_,",__''-'_~"H !iiI:iIl ~..," -,il!!l!llti'. 1'r;j It;-- ^" - i( .', ............., k"''''~''EI_J "-'-'~;'~:~~l' 20. Plaintiff's income is not sufficient to provide for reasonable needs and pay her attorney's fees and the costs of this litigation. 21. Defendant has adequate earnings to provide for reasonable needs and pay her attorney's fees and the costs of this litigation, 22. Defendant has adequate earnings to provide for the Plaintiff's support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff prays this Honorable Court to grant the relief requested. COUNT IV CUSTODY 23. Paragraphs 1 through 22 of the Complaint are incorporated herein by reference as though set forth in full. 24. Plaintiff is seeking primary physical custody and joint legal custody of the children, with rights of partial physical custody in the Father. 25. Courtney and Whitney from their birth until May 2001, lived with both parents at 105 Pin Oak Drive, Carlisle, Pennsylvania. 26.. The mother of the children is Fay Geesaman, currently residing at 105 Pin Oak Drive, Carlisle, Pennsylvania. 27. The Father of the children is Donald Geesaman, currently residing at105 Pin Oak Drive, Carlisle, Pennsylvania. 28. The relationship of Plaintiff to the children is that of Mother. 29. The relationship of Defendant to the children is that of Father. 30. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. - r':;;JJ{Ir"" ~~. ~', l~O ~ " ..:J. '~m.iIi~_ '1ll_~llliiiI:liIIitI~~'i",' 31. Plaintiff has no information of a custody proceeding concerning the children pending in a court of the Commonwealth, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 32. The best interest and permanent welfare of the children will be served by granting the relief requested because Mother has been a caretaker of the children and they would continue to reside with her in a loving and stable environment. 33. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Plaintiff requests this Honorable Court: a. Enter a decree of divorce dissolving the marriage between Plaintiff and Defendant; b. Equitably distribute all property, both personal and real, owned by the parties; c. Compel the Defendant to pay alimony pendente lite to Plaintiff; d. Grant Plaintiff attorney's fees and costs; e. Compel the Defendant to pay alimony to Plaintiff; and f award joint legal custody and primary physical custody of the children to the Plaintiff. I Date: 1. . B ERMAN, ESQUIRE tto e .D. No,: 07047 126 L cust Street P.O, Box 11489 Harrisburg, PA 17108 (717) 232-6600 ATTORNEY FOR PLAINTIFF '~,r M. < ..... .~" 0' "., "0 iii:" '....'n' ~';"KX;lIrl1,~';'~ VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~~ /j/~bOI \-1~ ~ FAY G ESAMAN I verify that I have reviewed this form with my client and to the best of my knowledge the allegations herein are true and correct. . B ERMAN, ESQUIRE Lo st Street ,0. Box 11489 Harrisburg, PA 17108 Attorney for Plaintiff '_~'l_l!H i1'i>l." . 'l""l....". "~ -. t~" .--"-,. jjfftJj~liitilll.l.~.w'n;1fii.;iMi,jJ;!!~t~w;;;i; FAY GEESAMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. DONALD GEESAMAN, Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT FAY GEESAMAN, being duly sworn according to law, deposes and says: 1. I have been advised ofthe 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 Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request 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, Section 4909 relating to unsworn falsification to authorities, d~ FAY~ESAMAN