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HomeMy WebLinkAbout07-4829TERI GELDART, Plaintiff vs. NATHAN GELDART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007- L/ ~f~-~1 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 will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation or 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 at the First Floor, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 TERI GELDART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007- ~/~~-q CIVIL ACTION -LAW NATHAN GELDART, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 C OR 3301 D OF THE DIVORCE CODE AND NOW comes Teri Geldart, plaintiff herein, by and through her attorney, Jacqueline M. Verney, Esquire, and represents the following: 1. Plaintiff is Teri Geldart, an adult individual, currently residing at 1138 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013 since December, 2003. 2. Defendant is Nathan Geldart, an adult individual, currently residing 1138 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013 since December, 2003. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on June 10, 2000, in Yarmouth, Massachusetts. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. This marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce. Respectfully submitted, M. I~ acq line M. Verney, Esquire Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing divorce complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date ~:~,~~ Teri Geldart, Plaintiff ~ "~' ~-~ c~ _ ~ ~_ `~ -~, _~, , - _ _ ,z i ~ i ~ ~ CJI ~' , ' _ ~ ~ ~- `r~ w ~ ~.-' r Ji47 ~ O ~ ~ N ~ P TERI GELDART, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2007- ~~ $a q CIVIL ACTION -LAW NATHAN GELDART, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce in the above captioned matter pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of the defendant. Date: ~' /t ,S ~~ ~ '"%'/~cc~ Nathan Geldart, Defendant ~ f 3$` NCM~J~ \~ Cd Ca--rS ~ ~ R ~~ Mailing Address Cy ~ ;,~ ty ~ n ~;' ~ ~ _. 3 ~ ' ; c -~ -. 4 :~- : - ~ r n _ =" 1'•~ N ; .~ ..ti TERI GELDART, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2007-4829 CIVIL ACTION -LAW NATHAN GELDART, Defendant : IN DIVORCE MARITAL PROPERTY AND SETTLEMENT AGREEMENT This Agreement, made and entered into this ~ .3 day of 2007, between Teri Geldart, hereinafter referred to as "Wife," and Nathan Geldart, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 10, 2000 in Yarmouth, Massachusetts; and, WHEREAS, a Complaint in Divorce was filed in the Cumberland County Court of Common Pleas at No. 2007-4829 on august 15, 2007; and, WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligation 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; and, WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; and, WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Advice of Counsel. Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligation, and each party acknowledges and accepts that this 2 Agreement is, and under the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 3. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3 4. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 4 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court pursuant to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, exce t as otherwise expressly provided for herein. 5. Division of Personal Property. Except as set forth hereinafter, the parties agree that they have divided their personal property including all household items, accounts, mutual funds and automobiles to their mutual satisfaction. Each parry agrees to execute whatever document is necessary to accomplish the intent of this paragraph. Household items. The parties have satisfactorily divided all personal property. Motor Vehicles. The parties have satisfactorily transferred title to the motor vehicles. The parties agree to execute any documents necessary to transfer title to the individual owners upon request of the party. Bank accounts. The parties have satisfactorily divided all bank accounts. Upon the signing of this agreement, each party shall have the freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the 5 other pertaining to such disposition of property. 6. Real Property. The parties acknowledge that they are the joint owners of real estate located at 1138 Newville Road, Carlisle, Pennsylvania. Husband agrees to transfer title to said real property to Wife on or before the refinance of said mortgage currently securing the property. Wife shall as soon as practicable apply to refinance said mortgage. It is anticipated that the refinance shall be consummated within ninety days of the signing of this agreement. In the event that Wife does not qualify for a mortgage in her own name, the parties shall list for sale the property at 1138 Newville Road, Carlisle, Pennsylvania with a realtor of their choice at an amount agreed to by the parties as soon as possible. Until finalization of the sale of the property, Wife shall be responsible for the monthly mortgage payment and hereby covenants that the monthly mortgage payments will be made in a timely manner. Any excess proceeds remaining after the sale, Husband and Wife shall share equally. 7. Debts. Husband and Wife shall be responsible for their respective debts and indemnify the other from any liability arising therefrom. 8. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will indemnify and hold the other harmless from any and all liability thereof. 9. Spousal Support, Alimony and Alimony Pendente Lite. The parties hereby waive any right either may have to receive Spousal Support, Alimony or Alimony Pendente Lite. 10. Pensions/Retirement. Husband hereby waives any right, title or interest in any retirement, pension, IRA, or 401 K that Wife has or may have an interest in. Wife hereby waives 6 any right, title or interest in any retirement, pension, IRA, or 401 K, including any military pension that Husband has or may have an interest in. 11. Counsel fees. The parties shall be responsible for their respective counsel fees. 12. Income Taxes. For the tax year 2007, the parties shall file joint income tax returns and share equally any refund received therefrom. 13. Divorce. The parties acknowledge their intention and agreement to proceed in an action in divorce to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in any divorce action. The parties agree to execute any and all documents necessary for the entry of a final divorce decree. 14. Breach. In the event that either party breaches any provision of this Marital Property and Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 15. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 16. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 7 17. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 18. Incorporation and Judgment for Divorce. In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital settlement agreement. 19. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: .. ~ ~~Y ~` - ~ TERI GELDART ~~ NATHAN GE DART 8 C^_-Y ^-{ ~ . - "'["1 <f~ ~r -~ . r,~ _r M ~. : ~~ r3i ~ -_ .w~ ~ ~_. r- ~ TERI GELDART, Plaintiff V. NATHAN GELDART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4829 CIVIL ACTION -LAW IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Plaintiff in the above matter hereby intends to resume and herea8er use the previous name of Teri L. Evans and gives this written notice avowing her intention in accordance with applicable law. ~M Teri Geldart To be known as: Teri L. Evans COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On the 0~0 day of 2007, before me, a notary public, personally appeared Teri L. Evans (formerly known as Teri Geldart), known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. Y~LERIE F (~ a~~ CsiliNe 8oro. ' ~ ~Y Comn~sion Expires October 9, 2014 IN WITNESS WHEREOF, I have hereunto set hand and seal. ~-~_ ~ ~~-,~ ~~~ Notary Public ~~ f ~ ~ i ,. ~ ~' i -.- . '1 ~_._ ~. ^~7 8 ~Ci ~.~ ' a ~ .~ ~ _ :;~ ~'~ "i ~ - t 'y ~ .. ~~ .~ tYrA `' .' 1;~iMA31R `~O P+T.u~3M/NGN/i~AS):f ~ .. s~ ~~' ~ - t ~ _ ~ , TERI GELDART, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. N0.2007-4829 CIVIL ACTION -LAW NATHAN GELDART, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed and served on August 15, 2007. 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 bf a final decree of divorce after service of notice of intention to request entry of the decrde. 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. Date: /.[~ s~a~ f'~ii~~~~ Nathan Geldart, Defendant C'~ rv 'a t~ ~^-' „~.., c.a K:` i::~, © r~ ~ ; a C ~ ~ , ~ ~ ~ , ' ~ ..~ cam, ..~ TERI GELDART, Plaintiff V. NATHAN GELDART, Defendant ', : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4829 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTE TION TO RE UEST ENTRY OF A DIVORCI DECREE UNDER SECT ON 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claimlthem 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 jbe sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Date: ~ ~ S' D'7 I s=..y"z I 1~Tathan Geldart, N ~~ ~ ~ ! c~ ~-,.~ . ,, ~~a :;r:: . Q rv 1 ~ P, . 7 c ~~ ~ .: -~ -: -? L -r°, "r~ y t _ -> r~s ~ ~ c.n ~ c,a --c TERI GELDART, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V• : N0.2007-4829 CIVIL ACTION-LAW NATHAN GELDART, • Defendant : IN DIVORCE PRAECIPE'~ TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together' with the following information to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c), 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Acceptance of Service by Defendant dated August 15 2007. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff November 16, 2007; by defendant November 15.2007. (b) (1) Date of execution of the aiffidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the defendant 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to transmit record, a copy of which is attached (b) Date plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 16.2007 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 20 2007 ~cq aline M. Verney, Esquire ttorney for Plaintiff 1 S. Hanover Street arlisle, PA 17013 17) 243-9190 n ~ p -n 't7 ~z ~ t tv -~ _ F_.... ,C-~ t-~; .~ --~5 ..-~ ~- L_ Q ~+-~~ TERI GELDART, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. , N0.2007-4829 CIVIL ACTION -LAW NATHAN GELDART, Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed and served on August 15, 2007. 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 of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities. _ ! Date: I ~ ` ~ ~ '0, f Teri Geldart, Plaintiff Q ~ ~ a _ -n f 7:' +C -p f'~ ~'- ~~ ~- 'O ~ -.~ ~j T," F' t .+ ~ ~ ~, T'i .. ~' C ~ (Jl TERI GELDART, Plaintiff V. NATHAN GELDART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4829 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Date: ~~ ~~ v ~.~ Teri Geldart, Plaintiff C? o v -rr r~~~= ~ ~._ .c ~ ~-, `, rn ;-~ ~~ ,> t ~ ~ %~ ~-. ca ~i ~ o ' c~ + I N THE COURT OF COMMON PLEAS Teri Geldart Plaintiff VERSUS Nathan Geldart Defendant 2007-4829 NO. DECREE IN DIVORCE AND NOW, ~ ~~ DECREED THAT Teri Geldart ~---3.-Sa~,•.•~ . ~', IT IS ORDERED AND Nathan Geldart AN D ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAT NTI FF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' marriage settlement agreement dated August 23, 2007 is incorporated herein ATTEST: J , PROTHONOTARY OF CUMBERLAND COUNTY STATE OF ~ PENNA. ,~ . . =~ ~= ~~~ ~. ' ~/ ~' ,