HomeMy WebLinkAbout97-01045
YOKO FAUST, : IN THE COURT OF COOMON PLEAS OF
plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
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. L't.;J V't., '"
vs. . NO. 97- II '15
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JOlIN I. COX, . CIVIL ACTION
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Defendant . CONFESSION OF JUDGMENT
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PURSUANT TO THE AUTHORITY CONTAINED IN THE WARRANTY OF
ATl'ORNEY, THE ORIGINAL OR A ropy OF WHICH IS A'l'l'ACHED TO THE CXXotPLAINT
FILED IN THIS ACTION, I APPEAR FOR THE DEFENDANT AND CONFESS JUDGMENT IN
FAVOR OF THE PLAINTIFF AND AGAINST DEFENDANT AS FOLLOOS:
Attorney's fees
Cumberland Co. CCP - filing fee for Complaint
Cumberland Co. CCP - fee to index Complaint
Marion Co. Court, Florida - JUdgment recording fee
Marion Co. Court, Florida - registerd mail fee
Marion Co. Court, Florida - execution fee
Marion Co. Sheriff's Office, Fla. - Docketing fee
for execution
Marion Co. Process Server - Service of Complaint:
Service of Judgment
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Dawn S. Sunday, ESq;;Q
Attorney for Defendant
Principal Sum
other authorized items:
Rhy()~ ,..;1< /997
Date
$5300.00
$ 551.00
14.50n A I
'"=tle- {)VJ"'"
95.50
6.37
25.00
20.00
40.00
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action pending in Cumberland County. Under the Agre-.."IIlE!nt and
Release, the Defendant agreed to pay the Plaintiff the lump
sum of Seventy-five Hundred ($7500.00) Dollars by a certain
date and Eighteen Thousand ($18,000.00) Dollars in monthly
installments of Five Hundred ($500.00) Dollars beginning on
October 1, 1992 and continuing the first day of each month
thereafter for 36 consecutive months (paragraph 2).
7. Paragraph 4 of the Agreement and Release contains a
confession of judgment provision providing, in the event of
default, that confession of jUdgment may be entered against
the Defendant in any court of record in Pennsylvania or any
other state in the amount of any unpaid sum due under the
agreement plus costs, expenses, and ten (10%) percent added
for attorney's fees (paragraph 4). A true and correct copy
of the Agreement and Release dated April 8, 1992 is attached
hereto as Exhibit B.
8. The Defendant's total alimony obligation under the Agreement
and Release totaled Twenty-five Thousand Five Hundred
($25,500.00) Dollars, comprised of the Seventy-five Hundred
($7500.00) Dollar lump sum payment due by September 1, 1992
and the Eighteen Thousand ($18000.00) Dollar payment to be
made in Five Hundred ($500.00) Dollar monthly installments
for 36 months.
9. The Defendant paid the $7500.00 lump sum payment required by
paragraph 1 of the Agreement and Release, but has failed to
pay the full balance of the remaining alimony obligation.
10. The total payments made by the Defendant to the Plaintiff on
the outstanding Eighteen Thousand ($18000.00) Dollar alimony
obligation totals Twelve Thousand Seven Hundred ($12700.00)
Dollars which were paid in the following years:
1992 - $ 850.00
1993 - $ 4000.00
1994 - $ 3750.00
1995 - $ 2900.00
1996 - $ 1200.00
11. The total amount due to Plaintiff in alimony arrearages,
which should have been paid in full on or before October 1,
1995, equals Five Thousand Three Hundred ($5300.00) Dollars.
12. The last payment received by the Plaintiff from the Defendant
was in the amount of Three Hundred ($300.00) Dollars in April
1996.
13. Judgment has not been entered previously on the Agreement and
Release in any jurisdiction.
14. Under paragraph 4 of the Agreement and Release, the Plaintiff
is entitled to confess judgment on the Defendant's behalf for
the amount of any unpaid sum due under the Agreement and
Release together with all costs of suit and expenses and 10%
for attorney's fees. The Plaintiff has incurred or will
incur the following costs of suit and expenses in this
action:
cumberland Co. CCP - filing fee for Complaint
CUrrberland Co. CCP - fee to index Complaint
Marion Co. Court, Florida - JUdgment recording fee
Marion Co. Court, Florida - registered mail fee
Marion Co. Court, Florida - execution fee
Marion Co. Sheriff's Office, Fla. - Docketing fee
for execution
Marion Co. Process Server - Service of Complaint:
Service of JUdgment
$ 14.50
9.00
95.50
6.37
25.00
20.00
40.00
'rol'AL
$ 210.37
~, the Plaintiff requests that the Court enter jUdgment
for the Plaintiff and against the Defendant in the amount of Six Thousand
Sixty-one 37/100 ($6061.37) Dollars plus any unforeseen costs not listed
above. '!he Plaintiff also requests that the Court assess interest against
the Defendant at the legal rate for the unpaid alimony which was to have
been paid in full by October 1995.
Respectfully Submitted,
Rh'lI~ rJ'l. /997
Date --cT .
l1Mt j L~oi~
Dawn S. Sunday, Esqu re
Counsel for Plaintiff
10 I 41954
39 West Main Street - Suite II
Mechanicsburg I PA 17055-6230
(717) 766-9622
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SEPARATION AGREEMENT
THIS AGREEMENT made this l.-et. day of Octu\'.o..v- ,1987,
by and between John I, Cox, of York County, Pennsylvania,
hereinafter referred to as "HUSBAND", and Yoko Cox, of York
County, Pennsylvania, hereinafter referred to as "WIFE".
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on
April 27, 1972; and,
WHEREAS, one child has been born of this marriage,
born on March 12, 1973; and,
WHEREAS, differences have arisen between HUSBAND and
WIFE in consequence of which they intend to live apart from each
other; and
WHEREAS, HUSBAND and WIFE desire to settle and
determine their rights, obligations and the support and
maintenance of the wife and child by the HUSBAND; and,
NOW, THEREFORE, the parties intending to be legally
bound hereby do 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 party at such
place as he or she 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
causes leading to their living apart,
2. INTERFERENCE
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Each party shall be free from interference,
authority, contact 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 the Agreement, Neither party shall molest the
other or attempt to endeavor to molest the other, nor compel the
other to cohabit with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence,
separate and apart from the other, and each of the parties hereto
completely understand and agree that neither shall do or say
anything to the child of the parties at any time which might in
any way influence the child adversely against the other party.
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3. WIFE'S DEBTS
WIFE represents and warrants to HUSBAND that she
will not contract or incur any debt or liability for which
HUSBAND or his estate might be responsible and shall indemnify
and save harmless HUSBAND from any and all claims or demands made
against him by reason of debts or obligations incurred by her,
4, HUSBAND'S DEBTS
HUSBAND represents and warrants to WIFE that he
will not contract or incur any debt or liability for which WIFE
or her estate might be responsible and shall indemnify and save
harmless WIFE from any and all claims or demands made against her
by reason of debts or obligations incurred by him. Further.
HUSBAND will continue to make monthly payments on the American
Express and Mastercard accounts. the Sears account and the
residential mortgage and other normal household expenses related
to the current marital residence property until he vacates the
marital residence. At that time. the parties shall agree on a
division of responsibility for payment of any remaining balance
due,
5. MUTUAL RELEASES
SUbject to the provisions of this Agreement, each
party has released and discharged, and by this Agreement does for
himself or herself, and his or her heirs. legal representatives,
Executors, administrators and assigns. release and discharge the
other of and from all cause of action, claims. rights or demands,
whatsoever in law or equity, which either of the parties ever had
or now has against the other, except any or all cause or causes
of action for divorce and except any or all causes of action for
breach of any provisions of this Agreement.
6, DIVISION OF PERSONAL PROPERTY
The parties have agreed to divide between them, to
their mutual satisfaction. the personal effects, household
furniture and furnishings. and all other articles of personal
property which have heretofore been used by them in common, and
neither party will make any claim to any such items which are now
in the possession or under the control of the other. Should it
become necessary, the parties each agree to sign any titles or
documents necessary to give effect to this paragraph under
request.
HUSBAND has already given WIFE the sum of $4500 as
part of the division of marital property,
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WIFE waives any and all rights to share in the
Pederal Employees Retirement system plan which HUSBAND is in. and
any benefits to which he may become entitled to,
7, AUTOMOBILES
HUSBAND and WIFE are presently the owners of a
1984 Fiero automobile and a 1982 Honda automobile, Upon the
execution of this Agreement. or as soon as possible thereafter,
prior to the termination of the marriage by divorce, HUSBAND
agrees to transfer to WIFE all of his rights. title and interest
in said 1982 Honda automobile, Upon the execution of this
Agreement. or as soon as possible thereafter, prior to the
termination of the marriage by divorce, WIPE agrees to transfer
to HUSBAND all of her rights. title and interest in said 1984
Fiero automobile.
8. DIVISION OF REAL PROPERTY
The real estate owned by the parties as tenants by
the entireties situated at 34 Ashley Drive, York County.
Pennsylvania. shall forthwith be conveyed in fee simple to WIFE,
WIFE shall assume full responsibility for payment of the existing
mortgage and note to First Federal Savings and Loan Association.
WIFE indemnifies and saves HUSBAND harmless for any liability on
the mortgage and its accompanying note.
9, CUSTODY AND VISITATION
WIPE shall maintain custody of the parties' minor
child and shall provide reasonable temporary custody and
visitation rights to the HUSBAND,
10. CHILD SUPPORT
HUSBAND agrees to pay the WIFE the sum of $220.00
per month for the support of the parties' minor child, which
payments shall begin for the month immediately after the HUSBAND
vacates the marital residence,
(a). Said obligation for child support shall
terminate when the minor child reaches the
age of 18 or graduates from high school or
becomes self-supporting. whichever shall
first occur, However. if the child attains
the age of 18 before graduation from high.
school. support shall continue until
graduation from high school so long as she
remains a full-time student.
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(b) .
(c) ,
(d) .
If at the time the child graduates from high
school and said child is qualified to attend
and does attend college or a similar
institution of higher learning, as a full-time
student, the HUSBAND, if financially able,
agrees to pay such support as a Court deems
fit and proper under the circumstances at that
time.
HUSBAND agrees that the amount of child sup-
port shall increase to $500,00 per month upon
the cessation of alimony as stated in Item 11
below,
HUSBAND will re responsible for providing Blue
Cross and Blue Shield medical coverage or its
equivalent for his minor child until she
reaches the age of eighteen (18) or as long
as she continues to receive child support from
the HUSBAND. HUSBAND shall also pay all un-
insured medical bills of the child as long as
he pays child support for her,
11. ALIMONY
HUSBAND shall pay for the support of the WIPE,
alimony in the amount of $1280,00 per month beginning on the
month immediately after this Agreement is signed. The amount
shall be prorated for any remaining days in the month after this
Agreement is signed. Alimony at the above amount shall only
continue until April 30, 1988. Beginning on March 1, 1988,
alimony shall be reduced to $980.00 per month. The reduced
amount shall remain in effect, subject to the contingencies below
until April 30, 1991..
The payment of alimony herein shall be contingent
upon and cease altogether upon the occurrence of any of the
following: death of payee or payor; cohabitation of the payee
with a person of the opposite sex who is not a member of the
payee's immediate family or the re-marriage of the payee.
12. DEPENDENT TAX DEDUCTION
The parties agree that WIFE shall be entitled now
and in the future to take Vera Lynn Cox, the party's minor child,
as an exemption for income tax purposes,
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13, MEDICAL INSURANCE
HUSBAND shall provide BIlle Cross and Blue Shield
medical coverage or its equivalent for the child so long as
provided without charge by his employer and HUSBAND shall supply
WIFE with proof of such coverage upon request,
14. WAIVER OF CLAIMS AGAINST ESTATE
Except as herein otherwise provided, each party
may dispose of his or her property in any way, and each party
hereby waives and relinquishes any and all rights he or she may
now have or hereafter acquire, under the present or future laws
of any jurisdiction, to share in the property or the estate of
the other as a result of the marital relationship, inclUding
without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the
Will of the other, and right to act as administrator or executor
of the other's estate, and each will, at the request of the
other, execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, rights
and claims.
(a). This paragraph shall not affect either
party's right or power to expressly in-
clude the other party as beneficiary in
any Will or other document, whether
written in past or in the future,
15. SUBSEQUENT DIVORCE
Nothing herein contained shall be deemed to
prevent either of the parties from maintaining a suit for
absolute divorce against the other in any jurisdiction based upon
any past or future conduct of the other, nor to bar the other
from defending any such suit. In the event any such action is
instituted or concluded, the parties shall be bound by all the
terms of this Agreement,
16. NON MERGER
This Agreement shall not be merged with or
incorporated into any Court Order or Decree,
17. BREACH
If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach, and the party
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breaching this contract shall be responsible for payment of legal
fees and cost incurred by the other in enforcing their rights
under this Agreement, or seek such other remedies or relief as
may be available to him or her.
18, 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 that may be
reasonably required to give full force and effect to the
provisions of this Agreement,
19. VOLUNTARY AGREEMENT
The provisions of this Agreement are fully
understood by both parties and each party acknowledges that the
Agreement is fair and equitable, that it is being entered into
voluntarily, and that it is not the result of any duress or undue
influence.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding
of the parties and there are no representations, warranties,
CO'Tenants or undertaking other than those expressly set forth
herein.
21, MODIFICATION AND WAIVER
A modification or waiver of any of the provisions
of this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature.
22. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in
determining the rights or obligations of the parties.
23. ACCEPTANCE BY WIFE
WIFE acknowledges that the provisions of this
Agreement provide for the support and maintenance of herself and
the parties' child and are fair, adequate and satisfactory to
her. Upon that provision, WIFE accepts these provisions in lieu
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the above-mentioned action.
NOH THEREFORE, in conaideration of the promisee and eeveral mutual
promieee, covenants and agreements hereinafter contained, each of the
parties hereto, intending to be legally bound hereby, promi.I',
covenanta and sgreee as follows:
1. Defendant agrees to pay to plaintiff the eum of $7500.00
within ten (10) days of the date he closes on the eale of the
above-nwntioned real estate or by Septemober 1. 1992:
whichever firet occurs.
2, Defendant agrees to pay to plaintiff the .um of $18,000.00
in monthly installments of $500.00 cannencing on October 1,
1992, and continuing the first day of each In:lnth thereafter
for thirty eix (36) consecutive monthe.
3. Defendant sgr..e to pay to hie daughter, Vera Lynn Cox,
the eum of $200.00 per In:lnth for roan and board st colllCjle
COIIII1encing on Septent>er 1, 1992, eo long as Vera Lynn Cox
maintains her etstus as a full time etudent.
4. ___.,8SIOIf or JlllQAJ.. In the event the defendant
defaults under thi. Agre_nt, TIll IB'MWft' [DlS II!lRII8f
AU'lBJUZB All:) ~ Mr Iu."""",. or MY mm' or RIkXJU) or
PIIlt.diLVMIA m or Mr OTIII!R STA'm 'It) API'IlAR rat HU' All:)
........_ .n.u--.. III FAVOR or PLAIIft'IPP lit 'nIB NDMr or MY
tR'AID SOflI [KJB UID!R 'MIS ~-J I!Ift' '.......nan WI'l1I ALL CDI'I'8 or
surr All:) ~~~, AIm WI'nl 'J1!N ~ (lOt) AID!D rat
A............ PIlES.
IlIIPIIImAIft' ........... IIIUV!S AIm RBLIlASBS ALL 1!IlR(JtS, .--....m
All:) IJt1lI!IU'1IrrICIIS IIIA'1'tM!R III TIll IlIm!RIIlG or JlJDQIIlIft', AIm
N:RIBS '1BAT JI:) 1OfI(JI (It RULIl 'It) 0PllN (It 8'l'RIKB OPF ~.,
(It ftJ1'.lU'l '1'0 STAY (It SIl'l' ASIIlIl BllIDJ'l'I(JI 8HALL IIIl 1WlE; AIIJ to
..u'l' or maat or APPBAL SllALL DB 'l'AIUIIt.
~ "",,,own llQUlIlS 'ftL\'l' TIll RICIft' All) FOIIlR '1'0
API'BAR All:) '1'0 IlIft'IIR (It <XH'IlSS JmGICIl.h AIIJ 'nIB RIG1ft' '10
...- OM...... UtIlIlR Mr SUCH Jt>Wl4I!N1' SHALL IIIl BXJalClSABLB
MY IUU!R or 'l'DI!S AIm BllALL IlD'l' Il8 EllIWJS'n!D BY ON!: (It KIIB
USIlS, """1oIIIlO\ t-......l'IVE (It untmOfISR.
5, Plaintiff agrees that upon the defendant'. aatiefectory
performllnce of the above conditions. ehe shell fUe with the
C\Jnt)erlend County Prothonotary II praecipe to withdraw the
action filed to NO. 4228 Civil 1991
IN WITNESS W1!1!:Rl!X)f', and intending to be legally bound hereby, the
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