HomeMy WebLinkAbout01-3159FAY GEESAMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
DONALD GEESAMAN,
Defendant
: NO.
: CIVIL ACTION - LAW
: 1N 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 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 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.
Date:
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
/' Ja/w/g. ~rad a6an, Esquire
/ ~l, forffey I3 No.07047
~ /26 Locus( Street
//PDBox 11489
Harrisburg, PA 17108-1489
(717) 232-6600
FAY GEESAMAN,
Plaintiff'
V.
DONALD GEESAMAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT
DIVORCE UNDER SECTION 3301 (C) OR 3301 (D)
OF THE DIVORCE 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 OakDrive, 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.
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. Plaintiffhas been advised of the availability of counseling and the right to request
that the Court require the parties to participate in counseling.
of its Allies.
9.
proceeding are:
A.
The Defendant is not a member of the Armed Services of the United States or any
The causes of action and sections of the Divorce Code under which Plaintiff'is
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.
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
14.
15.
16.
Plaintiff.
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 II
ALIMONY
13. Paragraphs 1 through 12 of the Complaint are incorporated herein by reference as
though set forth in full.
Plaintifflacks sufficient property to provide for her reasonable needs.
Plaintiff is unable to sufficiently support hereselfthrough appropriate employment.
Defendant has sufficient income and assets to provide continuing support for
COUNT III
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. Plaintiffis 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.
20. PlaintiWs 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 at 105 Pin Oak
Drive, Carlisle, Pennsylvania.
28. The relationship of Plaintiffto 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.
31. Plaintiffhas no information ora custody proceeding concerning the children
pending in a court of the Commonwealth. Plaintiffdoes not know ora 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 Plainti~
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
Date:
Plaintiff
~tto/nefI.D. No.: 07047
J 126 Lo/oust Street
P.O. Box 11489
Harrisburg, PA 17108
(717) 232-6600
ATTORNEY FOR PLAINTIFF
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: '~a~ /3,400/
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.
AN, ESQ~"~
Harrisburg, PA 17108
Attorney for Plaintiff
FAY GEESAMAN,
Plaintiff
DONALD GEESAMAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT
FAY GEESAMAN, being duly sworn according to law, deposes and says:
1. I have been advised of the 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.
EESAM~AN
FAY GEESAMAN,
PLAINTIFF,
DONALD GEESAMAN,
DEFENDANT.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
..
: NO. 01-3159
:
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
UNDER SECTION 3301(C} OR 3301 CD} OF THE DIVORCE CODE
1. A complaint in divorce under § 3301(D) or 3301 (D) o£the Divorce Code was
filed on May 23, 2003.
2. The marriage o£ 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 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. § 4904 relating to
unswom falsification to authorities.
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FAY GEESAMAN,
PLAINTIFF,
DONALD GEESAMAN,
DEFENDANT.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
_-
: NO. 01-3159
:
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER § 3301(CJ OR 3301 (DJ
OF THE DI~7ORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
2. ! understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI 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. § 4904 relating to
unsworn falsification to authorities.
DATE:
FAY GEESAMAN,
PLAINTIFF,
DONALD GEESAMAN,
DEFENDANT.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3159
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
UNDER SECTION 3301(C) OR 3301 (DJ OF THE DIVORCE CODE
1. A complaint in divorce under § 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 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. § 4904 relating to
unsworn falsification to authorities.
~Y GEESAMAN '
DATE:
FAY GEESAMAN,
PLAINTIFF,
DONALD GEESAMAN,
DEFENDANT.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-3159
:
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER § 3301(C} OR 3301 (D}
OF THE DIVORCE CODE
1. I consent to the entry ora 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. § 4904 relating to
unsworn falsification to authorities.
FAY GEESAMAN,
Plaimiff
DONALD GEESAMAN,
Defendant
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3159
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Kindly reinstate the attached Divorce Complaim.
Respectfully submitted,
Date:
Harrisburg, PA 17108
(717) 232-6600
FAY GEESAMAN,
Plaimiff
V.
DONALD GEESAMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3159
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE
To The Prothonotary:
Please withdraw and mark settled and discontinued Counts I, II, III and IV Of
Plaintiff's Complaint in Divorce.
Respectfully submitted,
Harrisburg, PA 17108-1489
(717) 232-6600
Attorney For Plaintiff
CERTIFICATION
I hereby certify that I am this day serving a tree and correct copy of the
attached Praecipe on the following individual by First Class U.S. Mail addressed
as follows:
Jeffrey R. Boswell, Esquire
Boswell, Tintner, Piccola & Wickersham
315 North Front Street
P.O. Box 741
Harrisburg, PA 17108
Date:
1~ 5 Locust Street
Harrisburg PA 17108-1489
(717) 232-6600
Attomey For Plainfrff
JUN 3 0 2004
In The Court Of Common Pleas
Of Cumberland County, Pennsylvania
Plaintiff
Fay Geesaman
Docket No. 01-3159
In Divorce
Defendant
Donald Geesaman
COURT ORDER ACCEPTABLE FOR PROCESSING
AND NOW, this '~'/'~day of _..-~L.~ , 2(]C~'~ , based on the findings
set forth below in items one ti~ough 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 Coud 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
Social Security Number: #181-42-8572
Birth Date: August 3, 1951
17007
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
Social Security Number: #198-44-8855
Birth Date: February 8, 1955
17055
CSRS (COAP)
PAGE 2
The Former 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 Em,p_loyee'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
12-09-03-106o3547Q
CSRS (COAP) PAGE 3
1 2. Refund 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. Former 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
0roviding the former spouse survivor annuity awarded in paragraph 13.
15. Transfer to FERS: In the event that Employee makes a one-time
~rrevocable 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 immediately reimburse the Former Spouse 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
12-0g-03-106-3547Q
CSRS (COAP) PAGE 4
18. Continued Jurisdiction: The Court shall retain jurisdiction with respect
to this Order to the extent r, equired to maintain its status as a Court Order Acceptable
for Processing and the original intent of the parties as stipulated herein.
BY THE COURT: /
DRAFTED: 12/17/Q3
12-09-03-106-3547Q
m:\home\jrb\f~mily\geesaman agt.wpd
Dra~ II 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-
SECTION I
INTRODUCTION
THIS AGREEMENT made this day of September, 2003, by and between
DONALD L. GEESAMAN ("Husband") and FAY L. GEESAMAN ("Wife").
WITNESSETH:
WHEREAS, Donald L. Geesaman, Social Security Number 181-42-8572, was bom on
August 3, 1951, and currently resides at 1472 Boiling Springs Road, Boiling Springs,
Cumberland County, Pennsylvania 17007;
WHEREAS, Fay L. Geesaman, Social Secur/ty Number 198-44-8855, was bom on
February 8, 1955, and currently resides at 20 Ashbury Drive, Mechanicsburg, Cumberland
County, Permsylvania 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 bom of this marriage, a son, Courtney, bom
December 24, 1986, and a daughter, Whitney, bom 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 of the 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-
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 of this
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 part/es.
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" of this 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-
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 other~vise 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-
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 former 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 permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied
that no additional information 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-
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 of law 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.
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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 maiI,
return receipt requested, to 20 Ashbury Drive, Mechanicsburg, Pennsylvania 17050, or counsel
for Fay L. 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 L. 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 or'reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
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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, PACSES 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, 2008. The
parties shall provide each other proof of insurance immediately and on July 1 of each year.
-8-
SECTION VI
PROPERTY DISTRIBUTION PROVISIONS
1. PERSONALPROPERTY
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 fight 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 fight 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
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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 Chevrolet 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
(1) PNC Visa, Account No. 4264297967395646
$10,180
(2) U.S. Bank Visa, Account No. 4430470085739974
$127
(3) Members 1s~, Account No. 23886-1 (reft Section VI. 8) $5,000
B. Wife
(1) Bonton, Account No. 061867412
$180.94
(2) Discover, Account No. 601102250324621
$284.47
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(3) Kohl's, Account No. 0293780060 $49.64
(4) Sears, Account No. $100.00
(5) Boscov's, Account No. $100.00
WAIVER OF PAYMENT OF LEGAL FEES
Each party hereby agrees to be responsible for any legal fees incurred on their behalf.
7. AFTER-ACOUIRED 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 of this Agreement, with full power in him or her to
dispose of the 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:
(l)
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 1, 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 1st $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-
(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
(2) Carriage House Country Club, Pocono Manor, Pennsylvania
to be sent (100%) to Husband and who will pay 50% and imme(~l/~fel~n-'d
bill to Wife to pay remaining 50°/.0) Ali .bjl~s for the timeshares shall be paid
within 60 days of their r~ceiPt.
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 hlive 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.
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.
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IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto
have set their hands and seals on the date indicated below.
· Geesaman
DATE
-13-
FAY GEESAMAN,
Plaintiff
DONALD GEESAMAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-3159
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORI)
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a
Divorce Decree:
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
0005 0135 4406 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
5. Indicate date and manner of service of the Notice of Intention to File Praec'lpe to
Transmit Record, and attach a copy of said Notice under Sections 3301(c) or 3301(d)(1)(i) of the
Divorce Code: Plaintiff's 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
Copies of both time-stamped Waivers are attached to this
Prothonotary on November 12, 2003.
Praecipe.
R. esp~lly submitted,
/~ttomey ). No.: 07047
126 Loca ~t Street
P.O. Box 11489
Harrisburg, PA 17108-1489
(717) 232-6600
Attorney for Plaimiff
IN THE COURT OF COMMON
Fay Geesaman
OF CUMBERLAND COUNTY
STATE OF ~I~ _ PENNA.
NO. 01-3159
PLEAS
VERSUS
Donald Gees~man
DECREE IN
DIVORCE
,~, IT IS ORDERED AND
DECREED THAT
AND
FAY GEESAMAN
DONALD GEESAMAN
__,PLAINTIFF,
,DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORI~ ~N_THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
The attached Marital Settlement Agreement is incorporated,
but not merged,
in the Divorce
bY Th~COU RT:
¢
ATTEST:
PROTHONOTARY
1NTHE COURT OF COMMON
Of CUMBERLAND COUNTY
STATE OF ~~ PENNA.
N O. 01-3159
VERSUS
DONALD GEESAMAN
PLEAS
AND NOW,
DECREED THAT
AND
FAY GEESAMAN
DONALD GEESAMAN
ARE DIVORCED fROM THE BONDS OF MATRIMONY.
, IT IS ORDERED AND
, PLAINTIFF,
, 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 attached Marital Settlement Aqreement is incorporated,
but not merged, in the Divorce Decree.
By THE COURt:
ATTEST:
PROTHONOTARY