HomeMy WebLinkAbout05-5125
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CONNIE E. COLDREN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. oS - ~1).S C/~~L~E/2.J-7)
STEVEN P. COLDREN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the di vorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at the Cumberland County Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION 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.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (717)249-3166 or (800)990-9108
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Attorney for Plaintiff
TUCKER ARENSBERG, P.C.
P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
. ,
CONNIE E. COLDREN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05" - S:/:J..S Co,Lly~
CIVIL ACTION - LAW
IN DIVORCE
STEVEN P. COLDREN,
Defendant
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
COUNT I:
1. Plaintiff is Connie E. Coldren, an adult individual who
is sui juris and resides at 108 North Second Street, Village of
Bowmansdale,
Mechanicsburg,
Cumberland
County,
Pennsylvania
17055.
2. Defendant is Steven P. Coldren, an adult individual who
is sui juris and resides at 2248 Canterbury Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17055. The present whereabouts of
the Defendant, Steven Coldren, to the knowledge of the Plaintiff,
is the same.
3. Both Plaintiff and Defendant have been bona fide
residents in the Commonwealth of Pennsylvania for at least six (6)
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 15,
1999, in Dillsburg, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. Plaintiff has been advised of the availability of
counseling and the right to request that the Court require the
parties to participate in counseling.
7. The Defendant is not a member of the Armed Services of
the United States or any of its Allies.
8. The Plaintiff avers that the grounds on which the
action is based is that the marriage is irretrievably broken.
COUNT II:
CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER THE DIVORCE CODE
9. Plaintiff and Defendant are the joint owners as tenants
by the entireties of the following real estate which is subject to
equitable distribution by this court:
2248 Canterbury Drive
Mechanicsburg, PA 17055
10. Plaintiff and Defendant are the owners of various items
of personal property, furniture and household furnishings acquired
during their marriage which are subject to equitable distribution
by this court.
11. Plaintiff and Defendant are the owners of various motor
vehicles, bank accounts, investments, insurance policies and
retirement benefits acquired during their marriage which are
subject to equitable distribution by this court.
... '
COUNT III:
CLAIM FOR ALIMONY UNDER THE DIVORCE CODE
12. The Plaintiff has no adequate means of support for
herself except as provided for by her disability and Defendant.
13. Plaintiff is unemployed and receives $1,220.00 per
month ($815.00 - Plaintiff + $405.00 - children) in disability.
Defendant is employed as a Systems Manager at Piedmont Airlines in
Middletown, Pennsylvania, and earns $50,000.00 per year.
COUNT IV:
CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND
EXPENSES UNDER THE DIVORCE CODE
14. Plaintiff does not have sufficient funds to support
herself and pay counsel fees and expenses incidental to this
action.
15. Defendant is full well and able to pay Plaintiff
Alimony,
Alimony Pendente Lite,
counsel fees and expenses
incidental to this divorce action.
WHEREFORE, Plaintiff requests the Court to enter a Decree:
A.
Dissolving
the
marriage
between
Plaintiff
and
Defendant;
B. Equi tably distributing all property owned by the
parties hereto;
C.
Directing
the
Defendant
to pay Alimony
to
the
Plaintiff;
D. Directing the Defendant to pay Alimony Pendente Lite
and Plaintiff's counsel fees and the costs of this proceeding; and
E. For such further relief as the Court may determine
equitable and just.
TUCKER ARENSBERG, P.C.
({ /Jt/tf5
111 N. Front Street
P.O. Box 889
Harrisburg, PA 17108
717-234-4121
Attorneys for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Dated: C(j28jO'S""
81080,1
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CONNIE E, COLDREN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
No. 05-5125 Civil Term
STEVEN P. COLDREN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of the undersigned, Joseph D. Caraciolo, Esquire on behalf
of the Defendant, Steven P. Coldren, in the above captioned matter,
Date: I/u (o~
CONNIE E, COLDREN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No, 05-5125 Civil Term
STEVEN P. COLDREN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that I have served upon all parties listed below, a true and correct copy of
the PRAECIPE FOR ENTRY OF APPEARANCE in the above captioned matter this 1st day
of November, 2005, by United States First Class Mail, postage pre-paid and addressed as
follows:
Sandra L. Meilton
Attorney for Plaintiff
Tucker Arensberg, P.C,
P.O, Box 889
Harrisburg, PA 17108
Date:ll/Oj(}}
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MAN & FOREMAN, P,C,
9 North Front Street
Harrisburg, PA 17110
ID: 90919 TEL: (717)236-9391
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CONNIE E. COLDREN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 05-5125 Civil Term
STEVEN P. COLDREN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ACKNOWLEDGEMENT OF SERVICE
I, Joseph D. Caraciolo, Esquire, counsel for Defendant, hereby acknowledge and
confirm that a certified copy of the Complaint in Divorce filed in the above matter was
received by Defendant on October 6, 2005, when same was served by certified mail,
"restricted delivery", and accepted by Catherine G. Coldren, as evidenced by the attached
certified mail return receipt card.
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Date: {u!' C;; / C::;-
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J eph D. Caraciolo, Esquire
F: reman and Foreman
409 N. Front Street
Harrisburg, PA 17110-1709
82557.1
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. Complete items 1, 2, and 3. Also complete
~em 4 if Restricted Delivery is desired,
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece.
or on the front ff space perm~s.
1. Article Addressed to:
Mr. steven Coldren
2248 Canterbury Drive
Mechanicsburg, PA 17055
3. Service Type
EIlCertlfied Man [J Exprass Man
o Registered Ii~etum Receipt for Merchandise
o Insured Mall [J C.O.D.
4, Restricled Oalivary? (Extra Fae) XWes
2. ArtIcle Number
~fromservlcelabal) 7002 2410 0001 2367 3093
PS Form 3811. August 2001 Domestic Return Rec&1pt
102595-02-M-1540
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CERTIFIED MAIL. RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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(Endorsement Required)
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CONNIE E. COLDREN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 05-5125 Civil Term
STEVEN P. COLDREN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
REQUEST FOR P ARTIAL EQUITABLE DISTRIBUTION
IN ACCORDANCE WITH 23 Pa. C.S.A. ~ 3502(f)
AND NOW, comes the Defendant, Steven P. Coldren, by and through his attorneys,
Foreman & Foreman, P.C" and Joseph D. Caraciolo, Esquire, and files the instant Motion
making the following averments:
1. Defendant is Steven P. Coldren, an adult individual, currently residing at the
Cumberland County Prison in Cumberland County, Pennsylvania.
2. Plaintiff is Connie E. Coldren, an adult individual, currently residing at 108 North
Street, Village ofBowmansdale, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. Plaintiff filed the above-captioned Divorce Complaint on September 30,2005.
4, Plaintiff and Defendant acquired marital property which is currently being held in
a Commerce Bank Account Number 0537330730 with an approximate balance of $85,259.52.
,
5. Plaintiff and Defendant also acquired marital property which has currently gone
to collections and is being processed by CIT and has a potential to reflect negatively on both the
parties credit scores.
6. Defendant has requested that the parties payoff the CIT amount in order to
prevent harm to both of their credit scores.
7. Plaintiff has not responded to said request.
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8. The Defendant avers that it will be unnecessarily wasteful for the parties to suffer
both economic harm, and harm to both their credit scores, if the amount owed to cn remains
unpaid.
9. The Defendant avers that the amount of marital property currently held by
Commerce Bank is more than enough to payoff the CIT amount.
10. The Defendant avers that it is not only economically wasteful, but against the
interest of both parties, for the CIT debt to remain unpaid.
WHEREFORE, the Defendant respectfully requests that this Honorable Court order a
partial equitable distribution in accordance with Section 3502(f) of the Divorce Code to acquire
Plaintiff to agree to payoff the marital debt with the funds available in the Commerce Bank
Account along with all attorney's fees associated with the filing of this Motion.
Date: 0 ~!t7 /0 C
t l
By:
seph D. Caraciolo, Esquire
OREMAN & FOREMAN, P.C.
112 Market Street, 6th Floor
Harrisburg, P A 1710 1
ID: 90919 TEL: (717)236-9391
....' '4.
CONNIE E. COLDREN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 05-5125 Civil Term
STEVEN P. COLDREN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ATTORNEY VERIFICATION
The undersigned, Joseph D. Caraciolo, Esquire, hereby verifies and states that:
1. He is the attorney for the Defendant Steven P. Coldren;
2. He is authorized to make this verification on his behalf;
3. The facts set forth in the foregoing Motion are known to him and not necessarily to his
client;
4. The facts set forth in the foregoing Motion are true and correct to the best of his
knowledge, information and belief; and
5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.
4904, relating to unsworn falsification to authorities.
Date:~
By:
ph D. Caraciolo, Esquire
E REMAN & FOREMAN, P.C.
12 Market Street, 6th Floor
Harrisburg, P A 1710 1
ID: 90919 TEL: (717)236-9391
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CONNIE E. COLDREN,
Plaintiff
: IN THE COURT OF COMMOt-l PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-5125 Civil Term
STEVEN P. COLDREN,
Defendant
: CIVIL ACTION -LAW
: IN DIVORCE
: (Honorable Edward E. Guido)
PETITION TO WITHDRAW AS COUNSEL
AND NOW, comes Petitioner, Sandra L. Meilton, Esquire, for the law firm of Tucker
Arensberg, P,C, and hereby avers the following:
1. In or about September, 2005, Petitioner began performing legal services on
behalf of Plaintiff with regard to the above matter,
2, The working relationship between Petitioner and Plaintiff has ~eteriorated,
(a) Petitioner last spoke and met with Plaintiff in early May, 2006,
(b) Since that time, Petitioner has received four pieces of ~ortespondence
from Defendant's counsel and forwarded same to Plaintiff along with request$ for Plaintiff to
contact Petitioner so that Petitioner could respond to Defendant's counsel.
(c) When the last letter from Defendant's counsel was forWarded to Plaintiff,
Petitioner included a consent to allow Petitioner to withdraw from her represeNation,
(d) Plaintiff has ignored all recent communication and has nolresponded to
Petitioner.
(e) Plaintiff is indebted financially to Petitioner in an amount in excess of
$2,000.
3, On September 1, 2006, Petitioner was served with a pleading entitled
Defendant's Request for Partial Equitable Distribution with attached Rule artd a copy of same
has been forwarded by Petitioner to Plaintiff,
4. Petitioner has no way of knowing what Plaintiffs position is on said Request
because Plaintiff will not communicate with Petitioner.
5. Since this Honorable Court signed a Rule returnable within tVierilty (20) days,
Petitioner would appreciate a five (5) day returnable Rule on the within Petitiort so that Plaintiff
will contact Petitioner or Petitioner is withdrawn by Petition to Make Rule Absolute before the
Answer to the twenty day Rule is due.
6, For the reasons set forth herein, Petitioner desires to sever the representation
relationship with Plaintiff.
WHEREFORE, Petitioner respectfully requests that this Honorable Court to issue a
returnable Rule within five (5) day and to grant Sandra L. Meilton, Esquire, and the law firm of
Tucker Arensberg, P.C" permission to withdraw as counsel for Plaintiff in the above matter.
Respectfully submitted,
TUCKER ARENSBERG, P,C.
By: ~~~
/ Sandra L. Meilton, I.D. 0, 32551
DATE: cr -,~ O~
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
PETITIONER
CERTIFICATE OF SERVICE
AND NOW, this 1st day of September, 2006, I, Gloria M. Rine, Paraleg!al to Sandra L.
Meilton, Esquire, for the firm of Tucker Arensberg, P.C, hereby certify that I have this day
served a copy of the within document, by mailing same by first class mail, postage prepaid,
addressed as follows:
Mrs, Connie E. Coldren
c/o Bernice E, Mummert
108 North Second Street
Village of Bowmansdale
Mechanicsburg, PA 17055
Joseph D, Caraciolo, Esquire
6th Floor, Veterans Building
112 Market Street
Harrisburg, PA 17101-2015
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Gloria M. Rine
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RECEIVED
AUG 2 :i 2006
BY:
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CONNIE E, COLDREN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
No, 05-5125 Civil Term
STEVEN p, COLDREN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AND NOW, this c?1~
ORDER
day of ~ , 2006, and based upon
Defendant's Request for Partial Equitable Distribution in Accordance with 23Pa, C.S,A. ~
3502(f), a Rule is hereby issued upon the Plaintiff to show cause why Defendant's request should
not be granted,
This Rule is returnable
~
days from the date of service, Proof of
service shall be filed with the Prothonotary,
/J/
Distribution:
Joseph D. Caraciolo, Esquire;~man & Foreman, P,C., 112 Market Street, 6'" Floor, Harrisburg, PA 17101
Sandra L. Meilton, Esquire; Tucker Arensberg, P,C., P.O. Box 889, Harrisburg, P A 17108
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CONNIE E. COLDREN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 05-5125 Civil Term
STEVEN P. COLDREN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
: (Honorable Edward E. Guido)
RULE TO SHOW CAUSE
AND NOW, this
5~ day of
~'f.Jut 't.i
, 2006, upon consideration of
the Petition to Withdraw as Counsel, a Rule is issued upon Plaintiff, Connie E. Coldren, and
Joseph D, Caraciolo, Esquire, counsel for Defendant, to show cause why Sandra L. Meilton and
TUCKER ARENSBERG, P.C" should not be granted leave to withdraw as counsel for Connie
E, Coldren in this case,
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RULE RETURNABLE F~ (5) DAYS FROM THE DATE OF SERVICE. Service shall
be accomplished by first class mail to Plaintiff and counsel for Defendant.
BY
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CONNIE E. COLDREN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 05-5125 Civil Term
STEVEN p, COLDREN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
I hereby certify that I have served upon the party listed below, a true and correct copy of
the Order dated August 29, 2006 in the above captioned matter this 31 5t day of August, 2006, by
United States First Class Mail, postage pre-paid and addressed as follows:
Sandra L. Meilton
Attorney for Plaintiff
Tucker Arensberg, P.C.
P.O, Box 889
Harrisburg, PA 17108
Respec~~~l, Sub . ed
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J seph D. Caraciolo, Esquire
'OREMAN & FOREMAN, P,C.
i 12 Market Street, 6th Floor
Harrisburg, PA 17101
ID: 90919 TEL: (717)236-9391
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MARRIAGE SETTLEMENT AGREEMENT
TIDS AGREEMENT is made this ~day of fJhA fl LlJ.... . 2006, by and
between STEVEN P. COLDREN, now of Cumberland County, Pennsylvania, hereinafter
referred to as "Husband",
-AND-
CONNIE E. COLDREN, now of 108 North Second Street, Village of Bowmansdale,
Mechanicsburg, Cumberland County, Pennsylvania, 17055, hereinafter referred to as "Wife",
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on May 15, 1999; and
WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing
them to believe that their marriage is irretrievably broken, as a result of which they now live
separate and apart from one another, the parties being estranged due to such marital difficulties;
and
WHEREAS, the parties intend this Agreement to be a full and complete Marriage
Settlement Agreement, providing for the absolute and final settlement of all their respective
rights growing out of the marital relationship; and
WHEREAS, the parties have made full disclosure to each other of their assets and
liabilities and have agreed on a settlement of all property rights and differences existing between
them; and
WHEREAS, the parties intend this Agreement to be a full and complete Marriage
Settlement Agreement, providing for the absolute and final settlement of all their respective
marital and property and all other claims.
NOW, THEREFORE, in consideration of the premises and of the promises, covenants
and undertakings hereinafter set forth and for other good and valuable consideration, the 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. SEPARATION, It shall be lawful for each party, at all times hereafter, to live
separate and apart from the other, at such place or places as he or she may, from time to time,
choose or deem fit. Each party shall be free from interference, authority or control by the other,
as fully as if he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to
harass the other, nor compel the other to cohabit with the other, or in any way malign the other,
nor in any way interfere with the peaceful existence, separate and apart from the other. The
foregoing provision shall not be an admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to their separation, A reconciliation will not void the
provisions of this agreement.
Should a decree, judgment or order of separation or divorce be obtained by either of the
parties in this or any other state, country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall not be affected in any way by any such
separation or divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term of this Agreement, whether
or not either or both of the parties shall remarry, it being understood by and between the parties
hereto that this Agreement shall be incorporated in but shall not be merged into any decree,
judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this
Agreement or the substance of the provisions thereof, may be incorporated by reference into any
divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it
being the specific intent of the parties to permit this Agreement to survive any judgment and to
be forever binding and conclusive upon the parties.
2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of
execution" or "execution date", 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. Transfer of property, funds and/or documents shall occur on the
effective date unless otherwise specified herein.
3, AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be
considered to affect or bar the right of either party to a divorce on lawful grounds as may be now
or hereafter available to either party. This Agreement is not intended to be and shall not be a
condonation on the part of either party of any act or acts of either party hereto. Both parties
hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to
execute any and all affidavits or other documents necessary for the parties to obtain an absolute
divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right to request
Court ordered counseling.
4, EQUITABLE DISTRIBUTION, It is specifically understood and agreed that
this Agreement constitutes an Equitable Distribution of property that was legally or beneficially
acquired by Husband and Wife or either of them, during the marriage, as contemplated by the
Act of April 2, 1980 known as the Divorce Code, 23 Pa.C.S. ~ 3101 et. seq., as amended, of the
Commonwealth of Pennsylvania. The parties hereto agree that the division of marital property
2
provided herein is fair, adequate and satisfactory to them. Each agrees to accept the provisions of
this Agreement in lieu of and in full and final settlement in satisfaction of all claims and demands
that either may now or herein after have against the other for equitable distribution of martial
property .
The parties acknowledge that each has an interest in an escrow account held at the
Commerce Bank with account number 0537330730 and valued at approximately $85,270,73.
The parties agree that this account represents the most substantial portion of the martial property.
In accordance with the provisions of this paragraph, and the remainder of this Agreement, the
parties have agreed to split this account with 50% being transferred to Husband as his exclusive
and individual property, and 50% being transferred to Wife as her exclusive and individual
property. Each party hereby specifically waives any right, or claim of ownership to the portion of
this account being transferred as exclusive and individual property of the other.
The parties additionally acknowledge that each has an interest in an automobile purchased
or acquired during the marriage, and desire and agree to keep and maintain as their separate
property each automobile regularly driven by him or her. To that end, Wife shall hereby be the
sole and exclusive owner of a Mercury Villager and Husband will be the sole and exclusive
owner of a Chevrolet Lumina. Each party hereby agrees to cooperate with the other in order to
transfer any title to said automobile. In the event either automobile has been disposed of prior to
this Agreement, the proceeds from the sale, or insurance proceeds, will be that party's individual
property ,
5, DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that
he or she has not, and in the future will not, contract or incur any debt, obligation or liability for
which the other party or his or her estate may be responsible or liable, except as provided for in
this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely
payment of the debts identified to be paid by him or her. Each party hereto agrees to indemnify
and hold harmless the other from any and all claims, debts, obligations or demands made against
him or her by reason of debts or obligations incurred by him or her or identified to be paid by
him or her.
Husband hereby agrees that, within thirty (30) days of receiving his portion of the escrow
account as more fully described in paragraph 4, he will fully satisfy the party's joint debt owed
to:
I.US Air Express, estimated at $7,400,82
2, Belco Visa, estimated at $588.51
3. Discover Platinum Card, estimated at $4,516.08
4, crn Bank Credit Card, estimated at $3,271.00
5. Chase Visa Card, estimated at $700.99
6. Lane Bryant card, estimated at $93.91
3
7. Bank of America Visa, estimated at $2,589.85
8. Clearview Credit Union Credit Card, estimated at $1,724,36
9. Sears MasterCard, estimated at $3,412.28.
Wife hereby agrees that, within thirty (30) days of receiving her portion of the escrow
account as more fully described in paragraph 4, she will fully satisfy the parties' joint debt owed
to:
1. Citizens Bank for Mercury Villager
2. The medical expenses for Wife's daughter's dental treatment held by
CIT Bank.
Wife also acknowledges that Husband has been making payments to CIT Bank on behalf
of Wife for the total amount of $795.84. Husband acknowledges that as of November 15, he
owes Wife $1,067.22 for his 80% share of Victoria's medical expenses, The parties, therefore,
agree that Husband's payment of $795.84 shall fully and finally satisfy his obligation to pay
$1,067.22 medical bill obligation, Future non-covered medical bills shall be paid in accordance
with the Domestic Relations Order captioned at PACSES Case Number 738107625 and Docket
No, 00741 S 2005.
6, ALIMONY. Husband hereby agrees to pay to Wife, as Alimony, as more fully
defined in the Divorce Code, $564,00 per month, for a period of five (5) years (60 months)
beginning on the date of execution of this Agreement. Husband agrees to pay, and Wife agrees
to accept exactly sixty (60) payments of $564,00 with the first payment due within thirty (30)
days after the signing of this Agreement.
Husband and Wife understand that a Domestic Relations Order regarding Spousal
Support is currently in place and the parties will certify to Domestic Relations that this Spousal
Support will continue as Alimony for exactly sixty (60) additional payments after the date of
execution of this Agreement beginning with December 2006 and ending November 2011.
Husband and Wife agree and understand that said Alimony payments shall terminate upon the
death of either party, the re-marriage or cohabitation with an intimate partner, or the written
agreement of the parties, but that otherwise, said Alimony payments are non-modifiable,
7. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release,
quit-claim and forever discharge the other and the estate of such other, for all time to come, and
for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the
estate of such other, of whatever nature and wherever 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 acts, contracts, engagements or liabilities of such other or by way of
dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights,
family exemption or similar allowance or under the intestate laws; or the right to take against the
4
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 of the United States, or any other
country; or any rights which either party may now have or at any time hereafter have for past,
present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or
expenses, whether arising as a result of the marital relation or otherwise, except and only except
all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof. It is the intention of Husband and
Wife to give to each other by the execution of this Agreement a full, complete and general
release 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 arise under this Agreement or for the
breach of any provision thereof. It is further agreed by each party that this Agreement constitutes
a full and final resolution and settlement of all claims of any kind, and especially and claims
arising under the Pennsylvania Divorce Code, which either party may have against the other.
8. DIVISION OF REAL ESTATE. HOUSEHOLD AND PERSONAL
PROPERTY. Husband and Wife do acknowledge that, except as herein provided, they have
heretofore divided the marital property including, but without limitation, jewelry, clothes,
furniture and other personal items and hereafter Wife agrees that all the property in the
possession of Husband shall be the sole and separate property of Husband; and, Husband agrees
that all the property in the possession of the Wife shall be the sole and separate property of Wife.
Each of the parties hereto does hereby specifically waive, release, renounce, and forever abandon
whatever claims, if any, she or he may have with respect to any of the above items that are the
sole and exclusive property of the other.
9. PENSIONS. RETIREMENT ACCOUNTS AND INSURANCE. Each party
specifically waives any claim they may have against the retirement of the other. Each party
acknowledges that the other spouse may have a retirement plan or account to which the parties
may have contributed marital property over the course of the marriage. Each of the parties
acknowledges, without the necessity of an expert evaluation, that retirement assets may prove to
comprise a substantial percentage of the entire marital estate. Nonetheless, each party desires to
waive and specifically release any claim they may have as to the retirement assets currently in
possession of the other spouse. Each party further agrees to execute immediately upon demand
any documents as may be required by the retirement plan administrator of the other spouse so as
to confirm they have waived any claim, right, or interest thereto.
10. DIVORCE. The parties agree and acknowledge that their marriage is
irretrievably broken, that they do not desire marital counseling, and that they both consent to the
entry ofa decree in divorce pursuant to 23 Pa. C.S,A, 93301(c). Accordingly, both parties agree
to forthwith execute such consents, affidavits, or other documents and to direct their respective
attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to
5
promptly proceed to obtain a divorce pursuant to said 23 Pa. C.S.A. ~ 330I(c), Upon request, to
the extent permitted by law, and the applicable rules of civil procedures, the named defendant in
such divorce action shall execute any waivers of notice or other waivers necessary to expedite
such divorce.
It is the intention of the parties that the Agreement shall survive any action for divorce
which may be instituted or prosecuted by either party and no other judgment or decree of divorce,
temporary, final, or permanent, shall affect or modify the financial terms of this Agreement, This
Agreement shall be incorporated in but shall not merge into any such judgment or decree of final
divorce, but shall be incorporated for the purposes of enforcement only,
11. ADVICE OF COUNSEL. The provisions of this Agreement and their legal
effect have been fully explained to Wife by her counsel, Sandra L. Meilton, Esquire, The
provisions of this Agreement and their legal effect have been fully explained to Husband by his
counsel, Joseph D. Caraciolo, Esquire. Husband and Wife each covenants that he or she has
made a full financial disclosure to the other of his or her respective property, holdings and
income. Husband and Wife each acknowledge that each fully understands the facts of this
agreement and has been fully informed as to her or his legal rights and obligations and each party
acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and
that it is being entered into freely and voluntarily, and that execution of this Agreement is not the
result of any duress or undue influence and that it is not the result of any collusion or improper or
illegal agreement or agreements.
12, 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, deeds, titles or documents that may be reasonably required to give full force and
effect to the provisions of this Agreement, including all papers necessary to transfer title.
13. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independently
own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or
her, with full power to dispose of the same in all respects and for all purposes; as though he or
she were unmarried.
14. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties
hereby agree and express their interest that any transfer of property under this Agreement shall be
within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to as
"the Act," and specifically the provisions of the Act pertaining to property transfers between
spouses and former spouses. The parties agree to sign and file any elections or other documents
required by the Internal Revenue Service to apply the Act to transfers under this Agreement
without recognition of gain and subject to the carry-over basis provisions of the Act.
6
21. APPLICABLE LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania,
22, VOID CLAUSES. 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
HUSBAND:
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""STEVEN P. COLDREN
WITNES/
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WIFE:
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~IE E. COLDREN
8
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF 0~
of Q.v~LLA...
SS
On this the
It/etA
, 2006, before me, the
undersigned officer, personally appeared STEVEN P. COLDREN, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within Agreement and
acknowledged that he executed the same for the purposes therein contained.
Cf}(l1tJtfl ,fdd/<<
Notary Public
My commission expires:
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Da.o//1J;/", : SS
On this the /~~ of iJt'? r'#J 6-t-t
, 2006, before me, the
undersigned officer, personally appeared CONNIE E. COLDREN, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within Agreement and
acknowledged that she executed the same for the purposes thejn contained,
~m6~
Notary Public
My commission expires: 1/ -5 -07
NOTARIAL SEAl.
GlORIA M. RINE
Notary PubIc
CITY Of HARRIS8URG. DAUPHIN COUNlV
My Commission Exr:*eI Nov 5. 2007
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SANDRA L. MEILTON, Esquire
Daley, Zucker & Gingrich, LLC
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
smeilton@dgzlaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CONNIE E. COLDREN
Plaintiff
No. 05-5125 Civil Term
CIVIL ACTION - LA W
STEVEN P. COLDREN,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 9 3301(c) of the Divorce Code was filed on
September 30, 2005.
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 herein are made subject to the penalties of 18 Pa,C,S. 94904
relating to unsworn falsification to authorities.
Date: /;).- /9- t)CP
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SANDRA L. MEIL TON, Esquire
Daley, Zucker & Gingrich, LLC
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
smeilton@dgzlaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CONNIE E. COLDREN
Plaintiff
No. 05-5125 Civil Term
CIVIL ACTION - LAW
STEVEN p, COLDREN,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER ~ 3301(c) AND ~ 3301(d) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! 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: J:)..- ItI.-f9{.p
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CONNIE E. COLDREN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 05-5125 Civil Term
STEVEN P. COLDREN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint III Divorce under 93301(c) of the Divorce Code was filed on
September 30, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of
intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property,
attorney's fees or expenses if I do not claim them before a divorce is granted.
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. 94904 relating to unsworn
falsification to authorities.
Date:
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STEVEN p, COLDREN
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CONNIE E. COLDREN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 05-5125 Civil Term
STEVEN P. COLDREN,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Decree in Divorce 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:
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CONNIE E. COLDREN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 05-5125 Civil Term
STEVEN p, COLDREN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a divorce
decree:
1. Ground for Divorce: irretrievable breakdown under Section ~ 3301(c) or
_ 3301(d)(1) of the Divorce Code.
2. Date and manner of service of the Complaint: Acknowledgement of Service filed to the above
term and number on November 10,2005, a copy of which is attached hereto.
3. Complete either Paragraph A. or B.
A.1 Date of execution of the Affidavit of Consent required by Section 3301 (c)
of the Divorce Code by Plaintiff: December 14,2006
by Defendant: December 14, 2006
A.2 Date of filing of Plaintiffs and Defendant's Waiver of Notice ofIntent:
by Plaintiff: Filed herewith
by Defendant: Filed herewith
B.l Date of execution of the Plaintiffs Affidavit required under Section 3301(d) of
the Divorce Code:
B.2 Date of service DfPlai~tiff's Affidavit upon ~fo dant: ,/i. I
Date of servIce ofNottce to IntentIOn to E~:~ / i ;!
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Date: fJ/6/dP
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CONNIE E. COLDREN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-5125 Civil Term
STEVEN p, COLDREN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ACKNOWLEDGEMENT OF SERVICE
I, Joseph D. Caraciolo, Esquire, counsel for Defendant, hereby acknowledge and
confirm that a certified copy of the Complaint in Divorce filed in the above matter was
received by Defendant on October 6, 2005, when same was served by certified mail,
"restricted delivery", and accepted by Catherine G. Coldren, as evidenced by the attached
certified mail return receipt card,
Date: fa! GIQf
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J eph D. Caraciolo, Esquire
F. reman and Foreman
409 N. Front Street
Harrisburg, PA 17110-1709
82557.1
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
CONNIE E. COLDREN
Plai itiff
No. 05-5125 CIVIL TERM
VERSUS
STEVEN P. COLDREN
Defe ida it
DECREE IN
DIVORCE
AND NOW,
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DECREED THAT
CONNIE E. COLDREN
, PLAI NTI FF,
AND
STEVEN P. COLDREN
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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;
MARRIAGE SETTLEMENT AGREEMENT DATED DECEMBER 14, 2006, EXECUTED
BY THE PARTIES AND FILED HE
IS INCORPORATED BUT NOT
ABOVE TERM AND NUMBER
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