HomeMy WebLinkAbout96-01348
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*: IN THE COURT OF COMMON PLEAS :
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*i OF CUMBERLAND COUNTY ~
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*! STATE OF ~;m~ PENNA. ~
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, JUDY A, COHICK
~ ;\11,96-1348 CIVIL It) 96 ~
~ Plaintiff ~
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~ CHESTER Q. COHICK ~
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~I Defendant ,:
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M DECREE IN '
~1 D I V 0 R C~ ~ (0 ~ 3 ~)-!A :
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"I AND NOW, ..,.. ...I........,,' 19...", it is ordered and ~
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" decreed that ."" , , , , , , , , ,A ~, ,COHIC,~ , , , , , , , . , . , , . , , . , , ' . . . , " p aintiff.
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* and.......,.."..,.. C.~~~T~,~ ,9... ,COH~C,~..."" """""", defendant,
* are divorced from the bonds of matrimony,
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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;
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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.
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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.
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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
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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-
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ATT(")RNEV~ .~T l.AW
41-1 BRIDG<: STREEr
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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
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CHESTER Q, COHICK, Defendant
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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
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JUDY A. COHICK, Plaintiff
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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;
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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,
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JUDY ; COHICK, Plaintiff
Date:
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