HomeMy WebLinkAbout01-2851SHELLY LYNNE DEITCH NESTER: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERI~MND COUNTY, PENNA
:
vs. : NO. 0~-,7~o~1 CML TERM
:
TODD LEE NESTER :
Defendant : CIVIL ACTION-LAW
NOTICE TO DEFEND AND CLAIMS 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 axe warned
that if you fail to do so, the case may proceed without you and a decree of divorce or
annulment may be entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers by the Phlntiff.
You may lose money or property or other rights important to you, including custody
or visitation of your children.
When the ground for divorce is indignities or irrelxievable bre-kdown of the
marriage, you may request marri%oe counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Sq,,.re, Carlisle, PA.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM AN
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
T~.I.EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL H~.LP.
Cumberland County Lawyer Referral Service
2 Liberty Street
Carlisle, Pennsylvania 17013
(717) 249-3166
SHE! J.Y LYNNE DEITCH NESTER: IN THE COURT OF COMMON PLEAS
phi~tiff : CUi~fBERLAND COUNTY, PENNA
:
vs. : NO. ~ Io ,~ ~'~'1 CIVIL TERM
:
TODD LEE NESTER :
Defendant : CIVIL ACTION-LAW
NOTICE OF AVl, II ABILITY OF
COUNSELING TO THE WITHIN NAM~.D DEFENDANT
You have been named as a Defendant in a divorce proceeding filed in the
Court of Common Pleas of Cumberland County. This notice is to advise you that in
accordance with ~$$02 (c) or (d) of the Divorce Code, you may request that the court
require you and your spouse to attend marri%ve counseling prior to a divorce decree
being handed down by the Court. A list of professional marriage counselors is
awlhble at the Cumberland County Courthouse, Cumberland County, Pennsylvania.
You're advised that this list is kept as a convenience to you and you're not bound to
choose a counselor from the list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling
within twenty (20) days of the date on which you receive this notice. Failure to do so
will cons6tute a waiver of your right to request counseling.
SHELLY LYNNE DEITCH NESTER: IN THE COURT OF COM_MON PLEAS
Plaintiff : CUMBERL~M~ID COUNTY, PENNA
:
vs. : NO. 0 I- .~ ~'-~-I CIVIL TERM
:
TODD LEE NESTER :
Defendant : CIVIL ACTION-LAW
DIVORCE COMPLAINT
1. Plaintiff is Shelly Lynne Deitch Nester who currently resides at 208 Faith
Circle, Carlisle, Cumberland County, Pennsylvania 17013, since 1997.
2. Defendant is Todd Lee Nester, who currently resides at 208 Faith Circle,
Carlisle, Cumberland County, Pennsylvania 17013, since 1997.
3. Shelly Lynne Deitch Nester has been a bona fide resident in the
Commonwealth for at least six (6) months immediately previous to the filing of this
Complaint.
4. The pl~i,~tiff and Defendant were married on September 20, 1997, at
Carlisle, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between
the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and that Haintiff
may have the right to request the court to require the parties to participate in
counseling.
8. Plaintiff requests the court to enter a decree of divorce.
Respectfully submitted,
ABOM ~ KUTULA~$
y I.D. No. 77961
Suite 204
8 South Hanovex Street
Carlisle, PA 17013
(717) 249-0900
I, Shelly Lyrme Deitch Nester, hereby verify that the facts set forth in the
foregoing Divome Complaint are tree and correct to the best of my knowledge,
infomaation and belief.
I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. ~4904, relating to unswom falsification to authorities.
· Shellyc~m~eitch Nester
SI"I I ';I ,I ,Y LYNN[". I)I'W['CI I NI_';S'I'I"~I{.: IN THE COLtRT OF C, OMM()N PLEAS
Plaintiff CUbfl'~F. RLAND C(_')UNTY, PV. NN:\
vs. Ne'). Cl~ql, TERM
'l't )1)1) I ,I-';V, N I"/,STER
Defendant CIVIL ACTION-I,A\V
CERTIFICATE OF SERVICE
.hq D NO\V, this l0~ d.ty r~t' May. 2t}01, 1, J,',hn A. Almm. Esquire. hereby certi(v that I did
sm'v,. :l tree nnd c,~rrc'ct c~py o£ the fi',r¢.g,:,ing Divorce Complaint fl~c Defendant by pcrson:dly hand
delivering s~tid o,py t~, Defendant's counsel. I lubert X. (.;ilroy, Esquire at the l..aw Offices ,'~f
Broujos & (';ilrr,y, P.{ 2, 4 N. H~mm'er Street, Carlisle, P.'\ 171.113.
[)ate: ....,
.Joh, n ')~. Aborn, Esquire
Attorney I.D. No. 77961
Suite 204
8 Stmth l..Iam)ver Street
Carlisle, PA 171113
(717) 2494'}900
.4ttome. y./br P~dn(i/l'
SHELLY LYNNE DEITCH NESTER, :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
:
v : NO. 0!-2851 CIVIL
:
TODD LEE NESTER, :
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE
Please enter the appearance of Hubert X. Gilmy, Esquire and the firm of Broujos & Gilroy,
P.C. as attorney for Defendant Todd Lee Nester in the above matter. Also, please note
acceptance of service of the Divorce Complaint on behalf of the Defendant on May i 1,
2001.
Hubert X. Gdroy, Es96ire
Atto.mey fo.r. Defenj~nt
BrOulOS & Gdroy/P.C.
4 North Hanover Street
Carlisle, PA 17013
(171 ) 2'~:5-4574
SHELLY LYNNE DEITCH NESTER : IN THE COURT OF COMMON:
PLEAS
Plaintiff :
: CUMBERLAND COUNTY, PA
VS.
: No. 01-2851
TODD LEE NESTER :
Defendant : CIVIL ACTION.LAW
PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF
· ,~;~g.u~ ND E ION I c F THE DIV RCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed on May 1, 2001.
2. The marriage of plaintiff and defendant is irretrievably broken and
ninety days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divoree.
4. I understand that ! may lose rights concerning uli~ony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is
granted.
I veri~ that the statements made in this affidavit are txue and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. ~ 4904, rdating to unswom falsification to authorities.
Date: ~/~
, Sh~ll~eitch Nest~
SHELLY LYNNE DEITCH NESTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff ~ CUMBERLAND COUNTY, PENNSYLVANIA
v : 01-2851 CIVIL TERM
:
TODD LEE NESTER, :
Defendant : IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(¢) OF THE DIVORCE CODE
I. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on May
!, 2001.
2. Defendant acknowledges receipt and aeeept~ service of the Complaint on or about
May I I, 2001.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing oftbe Complaint.
4. i consent to the entry of a final decree of divorce without notice.
5. I understand that ! may lose '
fees or expenses if I r~ghts concerning alimony, division of property, lawyer's
do not claim them before a divorce is granted.
6. 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
Prothonota~.
7. I have been advised of the availability of marriage counseling and understand that I
may request that the Court require counseling, ! do not request that the Court require
counseling.
! verify, that the statements made in this affidavit are true and correct. ! understand that false
statements herein arc made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworo
falsification to authorities.
Date: .~
Todd L. Nester, Defendant
SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. ~4304.1(a)(3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBERS
PLEASE FII.L IN THE APPROPRIATE INFORMATION AND RETURN
TO THE PROTHONOTARY,S OFFICE
DATE: 7/1/02
DOCKET NUMBER: 01-2851
PLAINTIFF/PETITIONER SS # 171-62-8820
NAME: Shelly Lynne Nester
DEFENDANT/RESPONDENT SS # 152-62-1196
NAME: Todd Lee Nester
SHF. T I.y LYNNE NESTER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNA
:
vs. : NO. 01-2851 CIVIL TERM
:
TODD LEE NESTER :
Defendant : CIVIL ACTION-LAW
ORDER TO VACATE APPOINTMENT OF MASTER
AND NOW, this/0
__ day of August, 2002, upon
consideration of the within Motion of Jason P. Kutulakis, Esquire, Attorney for
the Plaintiff, IT IS HEREBY ORDERED THAT the Order appointing a
Divorce Master, is hereby VACATED.
BY THE COURT:
Dist:
Herbert Gilroy, Esquire
~ ~ ~'-I~..o~
Jason P. Kutulakis, Esquire
CERTIFICATE OF SERVICE
AND NOW, this 13th day of August, 2002, I, Jason P. Kutulakis, Esquire, by
and through ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve a true
and correct copy of the foregoing Motion to Vacate Appointment of Divorce Master
upon the below listed counsel of record and/or parties by depositing, or causing to be
deposited, same in the United States Mail, First-class mail, postage prepaid addressed
to the following:
Herbert Gilroy, Esquire
Law Offices of Broujos & Gilroy, P.C.
4 N. Hanover Street
Carlisle, PA 17103
Date: August 13, 2002 ABOM & KIJTULAKIS, L.L.P.
Jas~VP. Ku-tu~a~is, Esquire
Attorney I.D. No. 80411
Suite 204
8 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
~4aom~ for Plaintiff
SHELLY LYNNE NESTER : IN THE COURT OF CON. iON PLEAS
Plaintiff : CUMBERI.AND COUNTY, PENNA
:
vs. : NO. 01-2851 CIVIL TERM
:
TODD LEE NESTER :
Defendant : CIVIL ACTION-LAW
ORDER FOR APPOINTMENT OF MASTER
AND NOW, this /'7 7~Xday of __~/2002, upon
consideration of the within Motion of Jason P. Kutidakis, Esquire, Attorney for
the Plaintiff, IT IS HEREBY ORDERED THAT E. Robert Elicker, II,
Esquire, is appointed Master with respect to the following claims:
[ X ] Divorce [ X ] Distribution of Property
[ ] Annulment [ I Support
[ ] Alimony [ ] Counsel Fees
[ ] Alimony Pendent Lite [ ] Costs and Expenses
BY THE COURT:
9
SHELLY LYNNE NESTER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNA
:
vs. : NO. 01-2851 CML TERM
:
TODD LEE NESTER :
Defendant : CIVIL ACTION-LAW
MOTION FOR APPOINTMENT OF MASTER
Shelly Lynne Nester, Plaintiff, moves the Court to appoint a Master with
respect to the following claims:
[ X ]Divorce [ x ]Distribution of Property
[ ] Annulment [ ] Support
[ ] Alimony [ ] Counsel Fees
[ ] Alimony Pendent Lite [ ] Costs and Expenses
The support of the Motion the Plaintiff states:
1. Discovery is complete with respect to the claims for which the
appointment of the Master is requested.
. 2. The Defendant has appeared in the action by his attorney, Hubert X.
Gilroy, Esquire.
3. The statutory ground for the divorce is: Irretrievable breakdown, no-
fault divorce.
4. The action is contested with respect to the following daims: All claims
5. The hearing is expected m take one day.
6. Additional information, if any, relevant to the motions: None.
Respectfully Submitted,
ABOM & KUTULAKIS, L.L.P.
)a~on PJ Kut~,l~lds, Esquire
_,~l.ttomey I.D. No. 80411
Suite 204
8 South Hanover Street
Carlisle, PA 17013
('/17) 249-0900
A#0rn~,j~r P/ai#ttff
CERTIFICATE OF SERVICE
AND NOW, this ~(a day of,~'~. 2002, I, Jason P. Kutulakis, Esquire,
by and through ABOM & KUTULAKIS, 12L.P., hereby certify that I did serve a true
and correct copy of the foregoing Motion For Appointment of Master upon the
below listed counsel of record and/or parties by depositing, or causing to be
deposited, same in the United States Mail, First-class m~il~ postage prepaid addressed
to the following:
Herbert Gilroy, Esquire
Burgess & Gilroy
4 N. Hanover Street
Carlisle, PA 17103
Date: ~'"/~'- o"?-.- ABOM & KUTUL~KIS, L.L.P.
Jas~ a P. Kutulalds, Esquire'~'a
Am }rney I.D. No. 80411
Suite 204
8 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney./br Plai#tiff
SHELLY LYNNE DEITCH NESTER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO: 01-2851
:
TODD LEE NESTER, :
Defendant : CIVIL ACTION-LAW
PRAECIPE TO TRANSMIT THE RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under §(3301(c)) (3301(dX1)) of the
Divorce Code
2. Date and manner of service of the complaint: Hand delivered to Defendant's
Counsel. Hubert X. Gilrov. Esouire. 5/11/01.
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 7/1/02 ;
by defendant 5/13/02
4. Related claims pending: NONE
5. Complete either paragraph (a) or (b):
(b) Date plaintiff's Waiver of Notice in §330~.(c) Divorce was filed with
the Prothonotary: 7/1/02
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed
with the Prothonotary: 7/1/02
Respectfully submitted,
.AB~._OM & KUTULAKIS, L.L.P.
Date: ~ ~,,r~, f~
Jas~i-P.-Ku~ula k~s, 'Esquire ~
Attorh.~y I.D. No: 80411
Suite 204
8 South Hanover Street
Carlisle, PA 17013
(717)249.0900
Attorney for Plaintiff
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~' ' day of-Fet:~'ffl:~, 2002 between
Shelly Nester, (hereinafter referred to as "WIFE"), and Todd Nester
{hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on September
20, 1997, in Carlisle, Cumberland County, Pennsylvania: and
WHEREAS, one (1) child was born of this marriage: Collin Jacob
Nester, born January 14, 2000.
WHEREAS, disputes and difficulties have arisen between the parties,
and it is the present intention of Husband and Wife to live separate and
apart, and the parties hereto are desirous offsetting their respective
financial and property rights and obligations as between each other,
including without limitation by specification: the settling of all matters
between them relating to the past, present, and future support and/or
maintenance of Wife by Husband or Husband by Wife; the settling of all
matters between them relating to the equitable division of martial
property; 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, husband and Wife declare that each has had a full and
fair opportunity to obtain independent legal advice of counsel of his or
her selection; that Wife had been represented by Jason P. Kutulakis,
Esquire, of ABOM & KUTULAKIS, L.LP. and that Husband has been
represented by Hubert Gilroy, Esquire, of Broujos & Gilroy, in this action.
The parties represent and warrant that they have fully disclosed to each
other all assets of any nature owned by each, all debts or obligations for
which lhe other party may be liable in whole or part, and all sources and
amounts of income. The parties acknowledge that they fully understand
the facts, and they acknowledge and accept that this Agreement, is,
under the circumstances, fair and equitable, and that it is being entered
into freely and voluntarily, 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 improper or illegal agreement or agreements.
NOW THEREFORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth and
for other good and valuable consideration, receipt of which is hereby
acknowledged by each of the parties, hereto, Husband and Wife, each
intending to be legally bound hereby, covenant and agree as follows:
1. PERSONAL RIGHTS. It shall be lawful for each Husband and
Wife at all times hereafter to live separate and apart from lhe other party
at such place as he or she may from time to time choose or deem fit. The
parties 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, except as may be necessary to carry out the provisions of this
Agreement. 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 in any manner
whatsoever with him or her. The foregoing provision shall not be taken as
an admission on the part of either party of the lawfulness or unlawfulness
of the causes leading to their living apart.
2. MUTUAL RELEASE. Husband and Wife each do hereby
mutually remise, release, quitclaim and forever discharge the other, for all
time to come, and for all purposes whatsoever, of and from any and all
rights, titles and interests, or claims in or against the property (including
income and gains from property hereinafter 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, the estate of such other or any part thereof, whether
arising out of any former act, contracts, engagements or liabilities of such
other or by way of dower or courtesy; or claims in the nature of dower or
courtesy or widow's or widower's rights, family exception or similar
allowance, or under the interest 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 law of Pennsylvania,
any state, commonwealth or territory of the United States, or any other
country, or the right to act as personal representative of the estate of the
other; or any rights which any party may now have or any time hereafter
have for past, present, future support, maintenance, alimony, alimony
pendente lite, counsel fees, costs or expenses, whether arising as a result
of the martial relation or otherwise; except all rights and agreements and
obligations of whatsoever nature arising or which may arise under this
Agreement or for breach of any provision hereof. It is the intention of
Husband and Wife to give to each other, by the execution of the
Agreement, a full, complete and general release with 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 adse under this Agreement or for the breach of any provision hereof.
It is fudher specifically understood and agreed by and between the
parties hereto that each accepts the provisions herein made by the other
in lieu of and in full settlement and satisfaction of any and all of their dghts
against the other or any past, present and future claims on account of
suppod and maintenance; that it is specifically understood and agreed
that the payments, transfers and other considerations herein recited so
comprehend and discharge any and all such claims by each other
against the other, and are, inter alia, in full settlement and satisfaction and
in lieu of their past, present and future claims against the other in account
of maintenance and suppod, and also alimony, alimony pendente lite,
counsel fees, costs and expenses, as well as any and all claims to
equitable distribution of property, both real and personal, and any other
charge of any nature whatsoever pertaining to any divorce proceedings
which may have been or may be instituted in any coud in the
Commonwealth of Pennsylvania or any other jurisdiction, including any
other counsel adsing in any manner whatsoever, except as may be
incurred in connection with a breach of the Agreement as set forth
hereinafter in paragraph 25.
3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this
Agreement, each of the padies hereto shall have the right to dispose of
his or her property by last will and testament or otherwise, and each of
them agrees that the estate of the other, whether real, personal or mixed,
shall be and belong to the person or persons who would have become
entitled thereto as if the decedent had been the last to die. Except as set
forth herein, this provision is intended to constitute a mutual waiver by the
parties of any rights to take against each other's estate whatsoever, and is
intended to confer third-party beneficiary rights upon the other heirs and
beneficiaries of each. Either party may, however, make such provision for
the other as he or she may desire in an by his or her last will and
testament; and each of the parties further covenants and agrees that he
or she will permit any will of the other to be probated and allowed
administration; and that neither Husband nor Wife will claim against or
contest the will and estate of the other except as necessary to enforce
any breach by the decedent of any provision of this Agreement. Each of
the parties hereby releases, relinquishes and waives any and all rights to
act as personal representative of the other party's estate. Each of the
parties hereto further covenants and agrees for himself and herself and his
or her heirs, executors, administrators or assigns, for the purpose of
enforcing any of the right relinquished under this Agreement.
4. FINANCIAL DISCLOSURE. The padies waive their rights to
require the filing of financial statements by the other, allhough the parties
have been advised by their respective attorneys that it is their legal right to
have these disclosures made pdor to entering into this Agreement without
reliance upon financial disclosure, the padies are forever waiving their
dght to request or use that as a basis to overturn this Agreement or any
part thereof.
5. INCOME TAX CONSIDERATIONS. The transfers of propedy
pursuant to this Agreement are transfers between Husband and Wife
incident to their divorce and as such are nontaxable, with no gain or loss
recognized. The transferee's basis in the propedy shall be the adjusted
basis of the transferor immediately before the transfer. The transfers herein
are an equal division of marital property for full and adequate
consideration and as such will not result in any gift tax liability.
6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR
OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive
and relinquish any right, claim, title or interest in any pension, profit-sharing,
retirement, credit union or other employment-related plans in which the
other has any interest by virtue of his or her past or present employment,
whether vested or unvested, matured or unmatured.
7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties
have attempted to distribute their marital property in a manner which
conforms fo the criteria set forth in Section 3502 of the Pennsylvania
Divorce Code and taking into account the following considerations: the
length of marriage; the fact that it is the first marriage for Husband and
Wife; the age, health, station, amount and sources of income, vocational
skills, employabilify, estate, liabilities and needs of each of the parties; the
contribution of each party fo the education, training or increased earning
power of the other party; the opportunity of each party for further
acquisitions of capital assets and income; the sources of income of both
parties, including but not limited to medical, retirement, insurance or other
benefits; the contribution or dissipation of each party in the acquisition,
preservation, depreciation or appreciation of the martial property,
including the contribution of each spouse as a homemaker the value of
the properly set apart to each party; the standard of living of the parties
established during the marriage; and the economic circumstances of
each party at the time the division of the property is to become effective.
The division of existing marital property is not intended by the parties
to constitute in any way a sale or exchange of assets, and the division is
being effected without the introduction of outside funds or other property
not constituting marital property. The division of property under this Agreement
shall be in full satisfaction of all marital rights of the parties.
A. MOTOR VEHICLES. The parties agree that Husband shall have full
and sole possession of the 1996 Dodge Pickup Truck, and Wife shall become full
and sole owner of the 1996 Nissan Maxima. On or before the date of the execution
of this Agreement, the parties shall execute the titles to the said vehicles, if
appropriate, so as to effectuate the transfer as herein provided. Furthermore, each
party shall become solely responsible for the financial obligation associated with
the vehicle he or she is to retain pursuant to this Agreement and each party agrees
to indemnify and hold harmless the other party from any and all liability therefore.
B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The
parties hereto have divided between themselves, to their mutual satisfaction, all
items of tangible and intangible marital property. Except as otherwise set forth
hereinat~er, neither party shall make any claim to any such items of marital
property, or of the separate personal property of either party, which are now in the
possession and/or under the control of the other. Should it become necessary, the
parties each agree to sign, upon request, and titles or documents necessary to give
effect to this paragraph. Property shall be deemed to be in the possession or under
the control of either party if, in the case of tangible personal property, it is
physically in the possession or control of the party at the time of the signing of this
Agreement, and in the case of intangible personal property, if any physical or
written evidence of ownership, such as passbook, checkbook, policy or certificate
of insurance or other similar writing is in the possession or control of the party.
Anything to contrary contained herein notwithstanding, Husband and Wife shall be
deemed to be in the possession and control of any pension or other employee
benefit plans or other employee benefits of any nature to which either party may
have a vested or contingent right or interest, apart fi.om the provision of the
Divorce Code, at the time of the signing of this Agreement.
From and at~er the date of the signing of this Agreement, both parties shall
have complete freedom of disposition as to their separate property and any
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 at, er marriage, and neither
Husband nor Wife need ioin in, consent to, or acknowledge any deed,
mortgage, or other instrument of the other pertaining to such disposition of
property.
8. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS. The parties
agree to sell and divide equally their money market account.
The parties shall retain as their respective sole and separate
property any other depository or brokerage accounts, stocks, or bonds
held in their respective individual names._
9. REAL ESTATE. The parties acknowledge that they are the joint
owners of the marital residence situate at 208 Faith Circle, Carlisle,
Cumberland County, Pennsylvania. Husband and Wife have listed said
marital residence for sale. All costs associated with the sale of the marital
residence, including but not limited to realtor's fees, transfer fees, closing
costs, and taxes, shall be shared equally by Husband and Wife. All
proceeds from the sale of the marital property shall likewise be shared
equally.
10. DEBTS. Husband represents and warrants to Wife that since the
separation he has not, and in the future he will not contract or incur any
debt or liability for which Wife or her estate might be responsible, and he
shall indemnify and save Wife harmless from any and all claims or
demands made against her by reason of such debt or obligation incurred
by him since the date of said separation, except as otherwise set forth
herein.
Wife represents and warrants to Husband that since the separation
she has not, and in the future she will not, contract or incur any debt or
liability for which husband or his estate might be responsible, and she shall
indemnify and save Husband harmless from any and all claims or
demands made against him by reason of such debts or obligations
incurred by her since the date of said separation, except as otherwise set
forth herein.
Husband hereby assumes and shall be solely responsible and liable
for the payment of the following obligations:
a. VISA from PSECU (approx. $5,000.00)
b. $1,836.23 to Wife due to the following:
1. Wife assumed $9,000.00 Members 1st loan
2. $9,000.00 minus $5,000.00 = $4,000.00
3. $4,000.00 divided by 2 = $2,000.00
Husband shall immediately upon execution of this Agreement take
such steps as are necessary to transfer ownership of the said accounts
and obligation to his name solely, obtaining a full, complete and general
release of Wife from the said creditors. Husband will immediately upon
execution of this Agreement accompany Wife to Members 1st to make
arraignments consistent with the above-paragraph. In the event thai the
creditors refuse for any reason to transfer the charge accounts to
Husband's name absolutely and to release Wife from any liability thereon,
such accounts shall be immediately closed.
Wife hereby assumes and shall be solely responsible and liable for
the payment of the following obligations:
a. Members 1st loan (approx. $9,000.00)
Wife shall immediately upon execution of this Agreement take such
steps as are necessary lo transfer ownership of the said accounts and
obligation to her name solely, obtaining a full, complete and general
release of Husband from the said creditors. In the event that the creditors
refuse for any reason to transfer the charge accounts to Wife's name
absolutely and to release Husband from any liability thereon, such
accounts shall be immediately closed.
11. PATERNAL GRANDPARENTS: Provided that matters remain
civil, paternal grandparents will continue to pick up the child from the
current daycare provider. Each party shall pick up the child from the
paternal grandparents on their respect days of custody/visitation. Each
party reserves the right to alter this provision of the Agreement.
12. CHILD SUPPORT. Said payments shall be made through the
Domestic Relations Section of Cumberland County.
13. CHILD TAX EXEMPTION. Wife shall be entitled to the
dependency exemption and child tax credit for all "odd" years beginning
with the 2001 tax filing. Husband shall be entitled to the dependency
exemption and child tax credit for all "even" years beginning with the
2002 tax filing. Both parties will sign all necessary documents with the IRS
to allow the other parent to claim the tax deduction for Collin in the year
as specified above.
Wife may claim child care expenses at 40% every year. Husband
may claim child care expensed at 60% every year.
Telephone Contact. The parties agree that the child is to have
liberal rights of telephone contact with the non-custodial parent, no
matter who is exercising his or her right to physical custody.
Medical Care/Treatment. Both Husband and Wife shall be
immediately informed as to the medical care and treatment of the child.
Relocation. Upon the knowledge of a pending relocation, temporary
or permanent, of either parent, that parent must immediately inform the other of his
or her new address and telephone number.
14. MEDICAL INSURANCE. Wife shall provide medical insurance for
Collin of the parties for such period of time, as it is available to her without cost
through her employment. Wife shall also continue to maintain Husband on her
medical insurance coverage until such time as a final Decree in divorce is entered.
In the event that Wife's medical insurance coverage is terminated or becomes
unavailable without cost, Husband shall be responsible for providing medical
insurance coverage for Collin. The obligations set forth herein shall continue until
such time as Collin has graduated from high school or has reached 18 years of age.
The parties shall equally share all medical, dental, prescription, eye care,
orthodontic and counseling expenses for the child which are not otherwise paid by
medical insurance until Collin has graduated from high school or has reached 18
years of age.
15. COLLEGE EXPENSES. The parties each acknowledge herein that it is
their intent to contribute to the expenses associated with the college or other post-
high school education for their child, to the extent that they are financially able at
that time. Such expenses would include, without limitation, tuition, room and
board, lab fees, miscellaneous student fees, books and student supplies,
transportation expenses for summers and other school breaks, clothing and
miscellaneous spending money, however, the provisions herein acknowledging the
parties intent, shall not in any manner, confer third party beneficiary rights unto
their child for the payment of said expenses. If applicable, both parents shall be
involved in and have input into the choice of academic institutions selected by the
child. Further, the child will be required to apply for and to use all possible grants,
scholarships and work-study programs and any of their own income or assets
before the parties are responsible to contribute to their college expenses.
16. COUNSEL FEES AND COSTS. Husband and Wife each agree to
pay and be responsible for their own attorney's tees and costs incurred
with respect to the negotiation of this property settlement agreement and
the divorce proceedings related thereto.
17. DIVORCE: A Complaint in divorce has been filed to No. 01-2851
Civil Term in the Court of Common Pleas of Cumberland County,
Pennsylvania, and either party shall be free to proceed without further
delay to secure the divorce. Both padies shall sign an affidavit evidencing
their consent to the divorce, pursuant to Section 3301(c) of the Divorce
Code. In the event, for whatever reason, either party fails or refuses to
execute such affidavit upon the other party's timely request, that pady
shall indemnify, defend and hold the other harmless from any and all
additional expenses, including actual counsel fees, resulting from any
action brought to compel the refusing pady to consent. Each party
hereby agrees that a legal or equitable action may be brought to
compel him or her to execute a consent form and that, absent some
breach of this Agreement by the proceeding party, there shall be no
defense to such action asseded.
18. BANKRUPTCY. The parties further warrant that they have not
heretofore instituted any proceedings pursuant to the bankruptcy laws nor
are there any such proceedings pending with respect to them which
have been initiated by others. It is stipulated and agreed by the parties
that the terms of this Agreement as they resolve the economic issues
between the parties incidental to their divorce and the obligations of the
parties to each other resulting there from shall not be dischargeable in
bankruptcy, should either party file for protection under the Bankruptcy
Code at any time after the date of execution of this Agreement.
19. RECONCILIATION. Notwithstanding a reconciliation between
the parties, this agreement shall continue to remain in full force and effect
absent a writing signed by the parties stating that this Agreement is null
and void.
20. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this
Agreement shall be incorporated but shall not merge in the final divorce
decree between the parties. The terms shall be incorporated into the final
divorce decree for the purposes of enforcement only and any
modification of the terms hereof shall be valid only if made in writing and
signed by both of the parties. Any court having jurisdiction shall enforce
the provision of this Agreement as if it were a Court Order. This Agreement
shall survive in its entirety, resolving the spousal support, alimony, equitable
distribution and other interests and rights of the parties under and pursuant
to the Divorce Code of the Commonwealth of Pennsylvania, and no court
asked to enforce or interpret this Agreement shall in any way change the
terms of this Agreement. This Agreement may be enforced independently
of any suppod order, divorce decree or judgment and its terms shall take
precedence over same, remaining the primary obligation of each pady.
This Agreement shall remain in full force and effect regardless of any
change in the marital status of the padies. It is warranted, covenanted
and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable, and this warranty, covenant and
representation is made for the specific purpose of inducing the padies to
execute the Agreement.
21. DATE OF EXECUTION. The "date of execution" or "execution
date" of the Agreement shall be defined as the date upon which it is
executed by'the padies if they have each executed the Agreement on
the same date. Otherwise, the "date of execution" or "execution date"
of this Agreement shall be defined as the date of execution by the pady
last executing the Agreement.
22. FULL DISCLOSURE. Each party asserts that he or she has made
or shall make a full and complete disclosure of all the real and personal
property of whatsoever nature and wheresoever located belonging in
any way to each of them, of all debts and encumbrances incurred in any
manner whatsoever by each of them, and of all sources and amounts of
income received or receivable by each party.
23. ENTIRE AGREEMENT. This Agreement contains the entire
understanding of the parties, and there are no representations, warranties,
covenants or undertakings other than those expressly set forth herein.
24. BREACH. If either party breaches any provision of this
Agreement, the other party shall have the rights, at his or her election,
either to pursue his or her rights in having the terms of this Agreement
enforced as an Order of Court or to sue for specific performance or for
damages for such breach, and the party breaching this Agreement shall
be responsible for legal fees and costs incurred by the other in enforcing
his or her rights under this Agreement.
25. PENNSYLVANIA LAW. The parties agree that the terms of this
Agreement and any interpretation and/or enforcement thereof shall
forever be governed by the Laws of Pennsylvania.
26. WAIVER OF MODIFICATION TO BE IN WRITING. No modification
or waiver of any of the terms hereof shall be valid unless made in writing
and signed by both of the parties.
27. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to
time, at the request of the other, execute, acknowledge, and deliver to
the other party any and all further instruments, including Deeds and other
real estate-related documents, titles, or other documents that may be
reasonably required to give full force and effect to the provisions of this
Agreement.
28. 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
be valid and shall continue in full force, effect and operation.
29. WARRANTY. Husband and Wife again acknowledge that they
have each read and understood this Agreement, and each warrants and
represents that it is fair and equitable to each of them.
30. DESCRIPTIVE HEADINGS. The descriptive headings used herein
are for convenience only. They shall have no effect whatsoever in
determining the rights or obligations of the parties.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the
padies hereto have hereunto set their hands and seals the day and year
first above wrilten. This Agreement is executed in duplicative, and each
party hereto acknowledges receipt of a duly executed copy thereof.
,/~lly~gif~"~ Nester('
i odd ~lester
CO~tONWEALTH OF PENNSYLVANIA i SS.
COUNTY OF :
/
On this ~ day of '~.~. , ~)02, befQre jme, the
undersigned officer, personally ~ppearedbeperson ~/hose na~J~'~'~J~JL~""~'me
known to me (or satisfactorily ~roven) to the
is
subscribed to lhe within Agreement, and acknowledged thai he/~
executed the same for the purposes therp~n contained.,
J Bridget Ann Comomn, N~ ~1~
/ ~rlisle Boro, Cumbed~
J My Commission Expires June 10,
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUN~ OF :
Onthis ~dayof ~ , 2~2, before me, the
undeaigned officer, pe~onally appeared
known to me (or satisfactorily proven) to be the person whose name is
subsc~bed to the within Agreement, and acknowledg~ that he/she
executed the same for the purposes ~min
Custody of Collin Jacob Nester
THIS AGREEMENT, made this //~ day of ~)/ , 2002 between Shelly
Nester, (hereinafter referred to as "Wife", and Todd Nester (hereinafter referred to
as "Husband").
WITNESSETH:
A child was born of this marriage: Collin Jacob Nester, born January 14, 2000. The
parties shall share legal and physical custody of the said child. The visitation rights
of both parents shall be set as follows: *Husband shall have son on Wednesday
evening, Thursday, Friday, and returning to Wife on Saturday at four o'clock. Wife
shall have son on Saturday evening, Sunday, Monday, Tuesday, Wednesday, and
Thursday (husband picks up at babysitters). Husband shall have son on Thursday
evening, Friday, Saturday, Sunday, Monday, Tuesday, and Wednesday (wife picks
up at babysitters). Wife shall have son on Wednesday evening, Thursday, Friday,
and returning to Husband on Saturday at four o'clock. Husband shall have son on
Saturday evening, Sunday, Monday, Tuesday, Wednesday, and Thursday (wife
picks up at habysitters). Wife shall have son on Thursday evening, Friday,
Saturday, Sunday, Monday, Tuesday, and Wednesday (husband picks up at
babysitters). *Schedule repeats!
The parties shall share the following major holidays: Thanksgiving, Christmas,
Easter, and the child's birthday, January 14. Parties shall also alternate A.M. and
P.M. visitation rights on these said holidays. Mother's Day and Father's Day will
be spent with the respective parent, from six o'clock p.m .on the night before
through six o'clock p.m. on the said day. Each party shall also have the right to
exercise two (2) one-week periods of summer vacation or exercise fourteen (14)
single vacation days. Partial custody (seven (7) consecutive days) at a time to be
mutually agreed upon by the parties hereto, provided that the parties will provide
each other an advance notice. The parties may from time to time as they mutually
agree alter these periods of custody, provided that a minimum of twenty-four (24)
hours notice is provided for the request of additional custody.
WITNESSES:
~~ -~.~ ,,.Shelly~eitch~Nesl6r
- t// Todd Nester
Todd L. Nes
IN THE COURT Of COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~ PENNA.
SHELLY LYNNE DEITCH NEsTE~~;.~
01-2851
NO.
PLAINTIFF
VERSUS
TODD LEE NESTER,
DEFENDANT
DECREE IN
DIVORCE
AND now,~ ,,~O'~'~l", T iS ORDERED AND
DECREED THAT ~h~ll~ T.ynn~ rl~.h /~{-~ , PLAINTIFF,
AND ~Porlr] T,~ 'N~'l'~'r' , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
AND it is ~urthcr o~del~l that thc rcrms or' thc madra] ~ctdcment agrc, c'mcn[, dalcd May 13, ~J)02,
arc hcreb)' inc~)q~ora[~d, but not meee~'d, with th~ Dccrc~:.
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;
BY TRE,~JCOUR. ' /
A~-rEST: ~ J.
OTHONOTARY