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HomeMy WebLinkAbout96-01348 I , \ , ~ I . I , , \ , " \ // f I ! i I ; I j i I j i i I i j I ! e... '::r- "I :1 c}-' ~~~~*.*~_______*_*_*,w________~ ~~,~.,,-,.,.q.._......~q.. ."'.--.......-.....--.. . ....' '..... .......13 , *: 1$ ~I I, *: IN THE COURT OF COMMON PLEAS : , ' *i OF CUMBERLAND COUNTY ~ MI ~ ~I fac~ ~ *! STATE OF ~;m~ PENNA. ~ M ' , ~ * ~ , JUDY A, COHICK ~ ;\11,96-1348 CIVIL It) 96 ~ ~ Plaintiff ~ *1 \,,",,"., * ~ CHESTER Q. COHICK ~ M ~I Defendant ,: ~ ~ ., .. ., M DECREE IN ' ~1 D I V 0 R C~ ~ (0 ~ 3 ~)-!A : *1 Jff Q t.(h AA P'\ ~ "I AND NOW, ..,.. ...I........,,' 19...", it is ordered and ~ : ' .. JU I $ " decreed that ."" , , , , , , , , ,A ~, ,COHIC,~ , , , , , , , . , . , , . , , . , , ' . . . , " p aintiff. ., $ * and.......,.."..,.. C.~~~T~,~ ,9... ,COH~C,~..."" """""", defendant, * are divorced from the bonds of matrimony, * (I * ~ 8 (I (I ~ ~ (I ~ ~ ~ ~-~-,;.: :;';:-:;':'.-~, ..:... ;,;;, .:~.: :.....:. .~.:....' .~..:. ....;' ..... '~.'. ,.... ..... ,.... ..... ..... ...', . -- - - - - - .. ,... _. .. .. .. .. .... .. " ., .. .. 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; ......, ........ ....... '. '................ .......... ,'/,<./'V><--e.' [' /~/ ~rl'.....;': :J. . .-' ~1 -;I " ~ ;'.C f .h.tt", 7f" . ~ . ~rolhonOlary ~ ~ * ,."...- a .:.:. .:4:' .:.;. .:.:. .;.:. .:.:. .. ... .. -..., ..- ~ * ~ ~ .. ., .. ., ~ ~ 8 ~ .,. ~ ,;, ., tl\.,.\aobia..,.a\.." 16 - 134 K a~T"",, " 'f) .. " I , :, '/ '" I " I , , "I ( . AGRffMfM In I -~ THIS AORBIMBJI':, made this ISI day of by and between JUDY A. COHICK, of Cumberland /1'k(l , 1996, County, Pennsylvania, (hereinafter referred to as "Wife"), and CHESTER Q, COHICK, of Cumberland County, Pennsylvania, (hereinafter referred to as "Hus- band")J WIT N E SSE T H: HBBRBAS, Husband and Wife were lawfully married on September 26, 1965, and KBERBAS, 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 partie. hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification. the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife, and in general, the settling of any and all claimE and -1- MON T....'O.., in consideration of the premises and of the mutual promise., covanants and undertakings hftreinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree a. follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivabls by each party, and of every other fact relating in any way to the .ubject matter of this agreement. These disclosurss are part of the consideration made by each party for entering into this agreement. 2. PreDaration of Aareement. This agreement has been prepared by the attorney for the Wife. Said attorney at the commence- ment of, and at all stages during, the negotiation of thi. agreement informed the Husband that he has acted solely as counsel for the Wife and has not advised or represented the Husband in any manner whatsoev- er. The Husband at the commencement of, and at all stages during, the negotiation of this agreement has been told by said attorney that the Husband should be represented by his own counsel, but at all times he has refused to do so. The Husband has read this agreement carefully and thoroughly, fully understands each of its provisions, and there- fore signs it freely and voluntarily, -2- 3, Lawfulne.. of SeoaratioD. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at auch place as he or ahs may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causea leading to their living apart. 4, preedom from Interference, Each party shall be free from interference, authority, and contact by the other, as fully as if he or ahe were .ingle and unmarried excspt as may be necessary to carry out the provisions of this agreement. Neither party shall moleat the other or attempt to endeavor to molsst the other, nor compel the other to cohabit with the other, or in a~ way harass or malign the other, nor in any way interfere with the peaceful exis- tence, .eparate and apart from the other. 5. R.leaa. of Claim., wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the eatate of such other, for all time to come, and for all purpoaes whatsoever, of and from any and all rights, titles and interesta, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the eatate of auch other, of whatever nature and wheresoever situate, including any rights which they may have in regard to the othsr's penaion, IRA or similar accounts, which she or he jOW 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, con- -3- tracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take againet the spouse's willI 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 dece.sed spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the united States, or (c) any other country, or any rights which Wife may 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 thereof. It i. the intention of Wife and Busband to give to each other by the execution of this agreement a full, complete and general relsase 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 thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warranty as to Future Obliqations. Each party repre- sents that they have not contracted any debt or liability for tne -4- other for which the .state of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable, Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities, 1. AsSwaDtioD of Liabilitiss. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. Since the aSRumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor s.6ks to hold such other party liable, Should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 8, AsswaDtion of Debts. Husband assumes and agrees to pay and hold the Wife harmless against the following debts and obliga- tionsl the Home Equity Loan with Dauphin Deposit Bank and Trust Company, Account No. 012-1915-001. If any claim, action or proceeding is hereafter brought seeking to hold the Wife liable on account of such debts or obligations, the Husband will, at his sole expense, defend the Wife against any such claim, action or proce9ding, whether or not well founded, and Husband will indemnify and hold Wife harmless from and against such claim, action or proceeding, 9, Personal ProDertv. Wife and Husband do hereby acknowl- edge that they have heretofore divided the marital property including, -5- but without limitation, jewelry, clothes, furniture and other person- alty and hereafter Wife agrees that all of the property in the possession of Busband shall be the sole and separate property of Bus- bandJ and, Busband agrees that all property in the possession of Wife ehall be the sole and separate property of Wife. Each of the parties doe. 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 which are the sole and separate property of the other. Wife shall fifty (50') per cent of the Prudential Mutual Fund Services Account No. 4500006007-6 based on the value of said account as of April l2, 1996, with distribution to Wife to occur within five (5) days of the entry of a final divorce decree. Husband and Wife acknowledge that Wife shall receive $3,466.49 from said account with Husband being entitled to the remaining balance in said account. lO. Cash, Except as otherwise provided in paragraph 15 below, all cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. ll. Automobile to Husband. The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 1995 Ford Bronco Truck, 12. Automobile to wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the 1991 Chevrolet Lumina. -6- 13. ProDerty Not provided For, The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual ~atisfaction, all rights that either may have in their proper- ty, whether owned by them jointly or separately, real and personal, and wherssoever situated, Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. l4. RIAl Estate, Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in the real estate situated and located at 22 Patricia Drive, Enola, Cumberland County, Pennsylvania. From the date of this agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises. and Husband agrees and covenants to hold Wife harmless from any such liability or obligation. Wife agrees to deliver to Husband a deed of conveyance for said property within five (5) days of the entry of a final divorce decree. 15. Cash Payment bv Husband, The Wife shall receive and the Husband shall deliver or cause to be delivered to the Wife the sum of $56,500,00 within five (5) days of the entry of a final divorce d~cree. l6. Naiver of Alimony, The parties herein acknowledge that by this agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves suffi- -7- cient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, alimony pendente lite or maintenance. It shall be from the date of this agreement the sole responsibility of each of the respectivs parties to sustain themselves without seeking any support from the other party. 17. PaYment of Attorne. Fee.. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforeaaid attorney's fees and other costs. 18. Informed and VoluntarY Execution. Each party to this agreement acknowledges and declares that he or she, respectively: a. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. -8- b. Enter. into thi. agreement voluntarily after reoeiving the advioe of independent counsel, free from fraud, undue influence, ooercion or duress of any kind. o. Bas given careful and mature thought to the making of thi. agreement. d. Bas carefully read eaoh provision of thi. agreement. e. Fully and completely understands each provi.ion of thi. agreement. 19. .e.dina.. The headings or caption. preoeding the paragraph. in thi. agreement are inaerted for convenience of referenoe only and ahall not be oonstrued in interpreting this agreement. 20. Mutual Cooveration. The Busband and the Wife shall each concurrently herewith, or. at any time hereafter on the demand of the other, execute any other documents or instruments, and do or oause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 21. Severabilitv. If any provision in this agreement i. held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless oontinue in full force and effect without being impaired in invalidated in any way. 22. aeconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, thi. agreement shall nevertheless continue in full force until it i. -9- modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 23. Future Baruinas. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hsreby and forever waive, releale and relinquish all right, title and interest in all such income, earnings or other property 10 received or acquired by the other. 24. waiver of Riahts. Each of the parties hereby irrevoca- bly waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the expresl intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the sntry of a Decrse in Divorce, 25. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 26, Survival of Aareement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpreta- tion, be intended to survive and extend beyond the termination of the -10- marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the expreea intention of both parties hereto to have thia agreement govern their relationship now or hereafter, irrespective of their marital atatus. 27. Juriadiction, This agreement ahall be construed under the lawa of the Commonwealth of Pennsylvania, and both partiea conaent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, pennaylvania, on account of any auit or action brought with reapect to this agreement or any provisions or matter a referred to in any provisions thereof. 28. AGr....nt BindinG on Parti.a and S.ira. This agreement shall be binding in all its terms, conditions, clauses and provision. of the partie. hereto and their respective heirs, administrator., executora and aasigna. 29. rinal Divorc. D.cre.. Busband and wife agree to cooperate in having a final divorce decree entered in the Court of Common Pleas of Cumberland County, Pennsylvania, upon the expiration of ninety (90) days from the filing of the divorce complaint, which shall include their execution of Affidavits of Consent to the .ntry of a final divorce decree and such other documents as may be required to have a final divorce decree entered in the Court of Common Pl... of Cumberland County, Pennsylvania, 30. Cemet.rv Plots. Husband and Wife are joint owners of two cemetery plots at Woodlawn Memorial Gardens, Harrisburg, Pennayl- -11- >- r', cr; -. t" LU':c . : rr " t_ ~i 'oj ~i' ( f)") 1~ :: .' -.. ~! " itd '-L. I.. - I). \.:.'1 ) C C. (.) ;- ...' +: ~ " -,J - - J , ) .) ; oJ '. , -' J ..J r- ) '{' .~ ,. ., r - '.1' J (. P' c ~ 'I' (I L_ .,. 1'1 j ,~ r'..J ~ -< ... Z to! ~ SS :r. 2 C>l ~ .:l (J ! 2 .:l ,.. c: Ul ~ . I>< en 0 J t; ~ z > 011 . z i5 I-< .... ... ... ~ '" a: ! 0 .... c z ~ . ~ ~ I I>< ,"' '" H 3 ~ '" ... 'tl :s ~ .. . I-< C . C ~ > ~ ,.. ,"' '" <11 '" .. Q ... '" u.... ~ j 0 z Ii I>< Z .... H " ;; a: .. 0 ::> "'I>< ",0 U ~ 0 0 u 0 . ~ .. " ... (J z ... u ~ 0 c ~ " c: 0 "' f ~ ::>0 H 0 . 8'" ~ (J 01 ~ Z gjS . . > fa Ul < .:l ... e-<~ H ,.. en .> 0 OJ ;':;8 01-< ::> "' z(J .., u S-rON,.;, LAFAVr-;1t & STONl'~ ATT(")RNEV~ .~T l.AW 41-1 BRIDG<: STREEr , . , NBW CuwnKH!.ASU. P.\ 17070 JUDY A. COHICK, Plaintiff IN THE COURT QF CQMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 96 134<3 CIVIL TERM CHESTER Q, COHICK, Defendant CIVIL ACTION ' IN DIVORCE NOTICE TO DEFEND AND m.A TV 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IN YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, IaAWYER'S PEES OR EXPENSES BE PORE 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. IP YOU DO NOT HAVE A LAWYER OR CANNOT APFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland Countv Courthouse Carlisle. PA 17013 Telephone: (717) 240-62~ fl\4iv\QOD..D&..ll v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUBTY, PENNSYLVANIA : : NO, 96 - l348 CIVIL TERM : : CIVIL ACTION LAW : IN DIVORCE JUDY A. COHICK, Plaintiff CHESTER Q. COHICK, Defendant AJmDA vrr OJ' COBSlDl'l' 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 12, 1996. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the complaint. 3. I consent to the entry of a final decree of divorce, 4. 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, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities, Date &//;:,-/f(.- , , C~) 4/, C~ CHESTER Q, COHICK, Defendant ~ u. cr, -J .' >- " ~s':" I :-:~ F" ,~J ~;~ ."? ,r: , C;:;'.' .. ~ 'J , - ;: - t. <..:' ~j 0 (. 'l\d!v\aone.at..11 JUDY A. COHICK, Plaintiff v, I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO, 96 - 1348 CIVIL TERM I I CIVIL ACTION LAW I IN DIVORCE CHESTER Q. COHICK, Defendant AlI'lI'IDA vrr Oll' COBBENT l, A complaint in divorce under Section 330l(c) of the Divorce Code was filed on March 12, 1996. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the complaint. 3. I consent to the entry of a final decree of divorce. 4, 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. 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 l8 Pa, C,S. Section 4904 relating to unsworn falsification to authorities. Date '.,.,//S-/9fD I f./) o lei i/ (:~(a) JUDY A. COHICK, Plaintiff "- \.0 l':; -: ~: t5:=: - '--r:: - ft!:-' "'..:; .. , ~F ~,.~ ,3 I 'tj) II :.:! , _..,~ 'So c;:!l,' :-' ,ti.J r 'Ll. . /'. H.. _.-J (J 0, '--' '\'di.'l.~...Aa' JUDY A. COHICK, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO, 96-1348 CIVIL TERM I CHBSTER Q, COHICK, I CIVIL ACTION IN DIVORCE Defendant I KAIWR or .OTICI or UITlIl'nOIl TO REQUEST BIITRY or DIVORCI DIC...I UllDIR 53301(c) or TU DIVORCI COOl 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose righte 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, 54904 relating to unsworn falsifica- tion to authorities, c:4 (( C~ CHESTER Q. COHICK, Defendant Date; & It ')-/9&, , >- r- 0:; ..:1 " ;:~ .!..~ UJr.: '--.i ( )~" .;~-:: fE~ .;.-: ~~- ~:::j . :...>- (' ',.r' rJ~' -~~~ -'t.., :ii'Q U:;., .. ., u:: f!- -, ~i I}-- I.f) Q V' U 11\d!v\1-wa!...DOt JUDY A. COHICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA , : v. : NO. 96-1348 CIVIL TERM . . CHESTER Q, COHICK, , CIVIL ACTION IN DIVORCE , Defendant : NAIVER or HOTICE or IIITBJlTIOH TO REQUEST EIITRY or DIVORCE DECREE UlJDER 53301(c) or THB DIVORCE CODB 1, I consant to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa, C,S, S4904 relating to unsworn falsifica- tion to authorities, (1 {)/1 ./ d- /'''i. I,.,. '/ JUDY ; COHICK, Plaintiff Date: &(0-/9& .... ,- ~ -' .' ~ UJ~ . , , . ().- ; ~ l~ ft~, '~..:: ::j ~' - ,:~ r.J . ~ [:;'1.'; ~ ':CJ ..... f~: " . " I,~ ., 0 C\ _J