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HomeMy WebLinkAbout97-06547 \ rti r - ~ \'I . ::> ~ - ...t: ~ ''''. -, , / // iI' 'I f It ~ -.J :> j r- .,. , ~I ( a- ,:.e- '. ':e' ':c' '*':00;, ,:eo;. ':c' .:c. :c' .:M:' ~ ;' -....-- - ". ,_..... ~ 8 :.:' ~<<. .:+:. <... .:.:.;tl:. :.~. :<<. -:*:. :. .:.:' .:c. :<c. ':00:- :eo;. .*, .lIt:o '. .. 11 . .._.. '.,. ,...-- '.. '. i. * * * . . . . . . . . . . . I- . . . . . * . I: I~ !~ !~ 1M I' :~ i~ ~ ~ JI .~ * wi ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF !7~ PENNA. . ~ *1 81 f . * .' ~ . . 8 . . *1 'I . . . . 8 8 * 8 8 8 . . . . * '1 -I ~---~ Steven C. Kohls, ;\; o. 97-6547., Plaintif f \"('1".',11:1 . Linda K. Kohls, Defendant DECREE IN DIVORCE AND NOW, ..."..,..~",.. ,~,~... 19 9,1'.., it is ordered and decreed that "".,. ,Steven. c.., .Kohls ' , , . . ' , , ' , . , , , . , ' . , , . '. plaintiff, and. , . . , , , P,"9i1, .K.., ,!<c:>,t\~l? . , . , . . . , . , . . . , . , , . . . , . . . , '. 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; The, ,tE!rms of the Apr i125, , 19,98, Prof'e,rtr, S,ettle,ment ,~'1~~e,m':!t;t .b~twe,en, ~,he. parties is. herebyincorl?c:>~.a,t;~d.., ,I?':lt, .I'1C?~, !1'.~~9!!~,., ~nto this f nal Decree in Divorce. e .C/1JL Alle.t: t~...i., 0;0{-' X"'J /~,p,.~r... /) LJ ....:. Y1" /' '1(;; . II.. '" ~/'r:' :y .. Prothonotary ~ ~~.~.~.*..~..~.~.~..~..*.**~.~.*~.~ J. ~ ;~ n.?; M'dJJ"'.:J,-.: -4 ~ s').~ 7!~ ~y ~ ~'fI' MARITAL SETTLEM~NT AGREEMflfl THIS AGREEMENT. made Ihi~y of ~j, I , 1998, by and between Steven C. Kohls, hereinafter called "Husband", and Linda K. Kohls, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married In on June 12. 1991, in York County, Pennsylvania; and, WHEREAS, differences have arisen between the parties and it is the Inlention of Wife and Husband to live separate and apart. and Ihe parties herelo desire to sellle fully and finally their respective financial and property rights and obligations as belween each other Including. without limilation by specification: the settling of all matters belween Ihem relating 10 the ownership and equilable distinclion of real and personal property; the setlllng of all matters between them relating to the past. present and future support, alimony and/or maintenance or Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one againslthe other or 9gainstlheir respective eslates, NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideralion, 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 as follows; 1.. SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafler to live separate and apart from each other at such place as he or she from time 10 time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their IiYing apart, Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried. excepl as may be necessary to carry out the provisions of this Agreement, Neither party shall molesl or attemplto endeavor to molest the other, or in KOHLS MSA 2 any way harass or malign the other, nor in any olher way interfere wilh the peaceful existence. separate and apart from the olher, 2. ENE.QRC~ENI: f . ,... ' The parties hereby acknowledge that Husband has filed an action in divorce under Section 3301 (c) of Ihe Pennsylvania Divorce Code to Cumberland County. Courl of Common Pleas. Pennsylvania, dockel number 97.6547 Civil Term, It is further specifically underslood and agreed by Ihe parties that the provisions of this Agreement relating to Including but not limited to equitable distribullon of property of the parties, alimony, alimony pendente liIe, counsel , fees. costs and expenses, and insurance(s) are accepted by each party as a final selllement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Cede, Each of the parties hereby consents and agrees that this Agreemenl and all of its covenants shall nor be affected In any way by a decree in divorce and thai nothing in a decree or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It i r. I - ,L I Is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof shall be incorporated by reference into a final decree In divorce, This incorporation however shall not be regarded as a merger. il being the specific intent of the parties to permit this Agreement to survive a final decree in divorce or any Judgment and to be forever binding and conclusive upon the parties, ;L WAIVER OF SPOUSAL SUPPORT. ALIMONY PENDENTE LITE. COSTS AND EXPENSES: Husband and Wife hereby acknowledge Ihat they have been Independently and separalely advised, or have had the opportunity to receive such advice and nevertheless knowingly has waived such advice. that each may have the rlghlto assert a claim for spousal support, alimony pendentllle, attorney fees, costs and/or expenses, Further. Husband and Wife acknowledge thai they understand thaI said rights are available In this action. Nevertheless. Husband and Wire hereby knowingly forever waive and relinquish any right they may each independently have to assert a claim now or in the future for spousal support, alimony pendente KOHLS M!lA 3 hte. attornev fees, costs and expenses, Eacn party nerebv expressly waives anv ngntlo ahmonv pendente hie and eacn partV agrees 10 be responsible for ner or nis own legal fees and expenses, t. WAIVER OF ALlMO~Y: Husband and Wife nerebv acknowledge tnat tney nave been independentlv and separate1v advised, or nave nad tne opportul1llv to receive sucn advice and nevertneless knowinglv nas waived sucn adyice, tnat eacn may nuve tne rignt to assert a claim for alimony, Furtner, Husband and Wife acknowledge In at tney understand tnal said rignts are ayailable in tnis action, Nevertneless, Husband and Wife nerebv knowingly foreyer waive and relinquisn any rignttnev may eacn independenllv nave to assert a claim now or in Ine future for alimony, Tne parties nerein acknowledge IMt by tnis Agreementtlley nave respective1v secured and maintained an adequate fund witn wnicn to provide for tnemselves; furtner, tnev nave sufficient financial resources 10 provide for Ineir respective comfort, maintenance and support for the stalion of hfe to whicn they each are accustomed, Wife and Husband do herebv walye, release, discharge and forever rehnquish anv and all rights or claims which he or she mzy haye, now or hereafter, that theV may respectively have against the other for alimony. support or maintenance, It shall be from the execution of the Agreement the sole responsibility of each of the respective parties 10 sustain themselyes, &.. EQUITABLE DISTRIBUTION OF PROPERTY: A. REAL PROPERTY - 214 Gutl Court, Mechanlcsburg, York COUNTY, PENNSYLVANIA,17055: The parties are owners of Ihe mobile home located at as 214 Gull Court, Mechanlcsburg. York County, Pennsylvania, 17055, with the Pennsvlvania title being held bV Bank of America, Currently, the property is occupied bV Husband, Husband shall have exclusive possession of the trailer, Husband shall continue to be responsible for all financial obligations associated wilh said property. including but not limited to, the first mortgage with Bank of America, taxes, lot rent, Insurance(s), utilities. etc. KOHLS MSA 4 Husband shall indemnify and hold Wife harmless for all expenses associated with said mobile home. Snould any action be laken by an creditor for amount(s) unpaid by Husband, Husband shall be liable to Wife for any and all costs she may Incur as a result of Husband's default. !, Wife upon requesl shall execute any and all documents necessary to transfer title to Husband, Wife hereby waiyes all right, tille and Interest to said mobile home she may have, B. WAIVER OF PERSONAL, TANGIBLE AND INTANGIBLE MARITAL AND NON-MARITAL ASSETS: ~ ! 1. t ! Husband and Wife do hereby acknowledge that they have heretofore divided to Iheir , i . I I i mutual satisfaction all non.marilal and marital assets including, but withoullimitation to, business interests, partnership(s). inheritance(s), jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities. Individual Retirement Accounts, employment benefits. checking and savings accounls, mutual funds, and other assets whether real, personal or mixed. tangible or intangible, Husband and Wife further acknowledge and agree Ihat the assets In the possession of f I i I I the other spouse shall be that spouses sole and separate property, each party hereto specifically waiylng, releasing, renouncing and forever abandoning whatever claim. If any, he or she may have with respeclto any of the foregoing items which are the sole and separate property of Ihe other, C. INTENT: This Agreement Is inlended 10 distribute all property of the parties. whether real or personal. and whether determined 10 be separate or marilal property, In the event that any property may be omitted from this Agreement, It Is understood and agreed that the person haying possession and/or title to such property following the execution of this Agreemenl shatl be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefor to evidence title to such property In the other party, KOHLS MSA 5 In the event either party is required to execute any document related to waiving, releasing, renouncing or abandoning his or her respective interest in said asset, said party shall proyide his or her immediate and full cooperation, Each of the parties shall on demand execute and deliver to Ihe other any deeds, documents, records or closing slatements relating to the sale of real estale under this Agreement, bills of sale, assignment. consents to change of beneficiary on insurance policies, lax returns and other documents and do or caused to be done any other act or thing tnat may be necessary or desirable 10 the provisions and purposes of this Agreemenl. If either party fails on demand to comply wilh this provision, that party shall pay to the olher all attorneys' fees, costs and other expenses reasonable Incurred as a resull of such failure, L AfTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independentiy of any claim or right of Ihe other. all property. be they real. personal or mixed, tangible or Intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of Ihe same as fully and effectively. in all respecls and for all purposes. as though he or she were unmarried. The parties hereby agree that. as to all assets not specifically me~tloned herein which are presentiy tltied in the sole name of one of the parties hereto or, if untitled, are presentiy In the sole possession of one of Ihe parties herelo. the party nol having title Ihereto or possession thereof hereby waives, releases. relinquishes and forever abandons any and all claims therein. and acknowledges that the party having title or possession of such Items shall be the sole and exclusive owner thereof, 1.. DEBTS: A.. Wife's Debts: Wife represents and warrants 10 Husband that since Ihe parties' separation she has not and In the future she will nol contracl 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 againsl him by reason of debts or obligations Incurred by her. KOHLS MSA B.. Husband'. Dabls: Husband represents and warranls to Wife that since the parties' separation he has not and In the future 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 ell claims or demands made againsl her by reason of debts or obligations Incurred by him, c. In.lIemnlficaUQU: All further debts incurred by the parties shall be their Individual responsibility, Each party represents and warrants 10 the other that he or she has not incurred any debl. obligation, or other liability. other than described in this Agreement, on which the other party is or may be liable, Each party covenants and agrees Ihat If any claim, action or proceeding is hereinafter Initiated seeking to hold the other party liable for any other debts, obligations, liability. act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party In respect of all damages as resulting therefrom. Damages as used herein shall Include any claim, action. demand. loss. cost. expense, penalty, and other damage. including without limitation. counsel fees and other costs and expenses reasonably incurred In investigaling or attempting to avoid same or In opposing the imposition thereof or enforcing this Indemnity, resulllng to Husband or Wife from any Inaccurate representation made by or on behalf of either Husband or Wife to the other In this Agreement, any breach of any of the warranties made by Husband or Wife In this Agreement, or breach or dafaullln performance by Husband or Wife of any of the obligations to be performed by such party hereunder, The I' Husband or Wife agrees to give the other prompt written notice of any litigation threatened or Instituted against either party which might constllule the basis for a claim for indemnity pursuant to the terms of this Agreement. 12. L!lna.:. Each of the parties represents and warranls thaI he or she has nol placed, nor caused to be placed. nor is aware of, any liens. encumbrences. easements or any other restrictions of -,-... ".......=..".-...~--_. 6 ,y .' KOHLS MSA 7 record relating to the assets which shall be the property of the other party pursuant to this Agreement and which shall exist as of the dale of execution of Ihis Agreement. If, notwithstanding one of the parties' representation and/or warranty to the contrary. any such lien, encumbrance, easement or any other restriclion of record has been placed on the assets which shall be the property of Ihe other party pursuanlto this Agreement as a result of the lot action or inacllon of Ihe party not receiving the asset as his or her propertv, then that party shall exonerate and indemnify Ihe party receiving the asset as his or her property against and hold , him or her harmless from any lIabllitv and/or expense, including reasonable counsel fees. which is incurred in connection with such lien, encumbrance, easement or olher reslrlction of record E. AUIQMOBILE DEBTS: relating to the asset involved. Husband shall be responsible for Ihe PNC automobile loan held by PNC, Upon request ~. ~ I f , I I , i bV Husband, Wife shall execute the title and any other document to the 1998 Chevrolet Tahoe presently titled In Wlfe's name, thereby divesting herself of all right, title and inlerest she may have thereto, Husband shall Indemnify and hold Wife harmless on any and all expenses associated with the Tahoe, Wife shall be responsible for the automobile loan on the 1995 Hvundi Accent. Upon request. Husband shall execute the title and any other document to the Hvundi presentlv jointly tilled. thereby divesting himself of all righ!. title and inlerest he may have thereto. Wife shall ind~mnify and hold Husband harmless on any and all expenses associated with the Hyundl. E.. CREDIT CARDS/LOANS~ The parties hold a joint credit card debt with Master Card ($t200.00), a Norwest loan ($5000,00) and an American General loan ($5000,00). Husband shall be responsible for the Master Card credit card deb!. Husband shall be responsible for the Norwest loan, Husband shall be responsible for Ihe American General loan, The party responsible for the itemized date shall Indemnifv and hold harmless the other party thereon, Any and all expenses essociated with the KOHLS MSA 8 collection of these amounts by any and all creditors shall be deemed the sole responsibility of the responsible party, The parties acknowledge that Husband on March 13, 1998, filed Chapler 7 In Bankruplcy to the Unlled States Bankruplcy Court, Middle District of Pennsylvania, Case Number 1.98.01232, While the parties acknowledge that Husband intends to discharge the credil card debtllemlzed above, Husband neverthless agrees to indemnify and hold Wife harmless on said debls in the evenl Ihe creditor allempts to collect such agalnsl Wife, Furthermore, Husband shall Indemnify and hold Wife harmless on the Bank of America loan on 214 Gull Court and the PNC automobile loan on the Tahoe, The obligations as Identified hereunder shall b'e deemed as alimony to Wife pursuant to the Divorce Code of 1980 for purposes of enforcement in any bankruptcy proceeding filed by Husband, In the event Wife files for bankruptcy. she will not be required to hold Husband harmless nor Indemnify him on any accounl Identified herein except the Hyundl aulomobile loan, 1. FULL DISCLOSURE: The parties acknowledge that they have been fully advised and informed of the weallh, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or Information, The parties hereto have been fully advised and Informed of all rig hIs and interests which, except for the execution and delivery hereof. have been conferred upon or vested In each of them by law with respect to Ihe property or estate of the other by reason of their marital status. or has knowingly refused or waived such advice or Information, i. RELEASES: Except as specifically provided for in this Agreemenl. this Agreement constilules a full and final resolution of any and all claims which each of Ihe parties ever had, now have or may have In the future against the other party and/or the estate of the other party. Including, but nor necessarily resulting from, their stalus as Husband and Wife, Therefore, except for all rights and obligations specifically arising under this Agreemenl, the parties each do, for themselves and for KOHLS MSA 9 their heirs, executors. edmlnlslrators, successors, and agents, hereby mutually waive. remise, release. quitclaim and forever discharge the other party and the heirs, executors, administrators, successors and agents of the other party, for all time to come and for all purposes whatsoeyer, of and from any and all right. title, Interes!. cause of action and/or claim In or egainst the olher or the assets of the other. or agalnslthe estate of the other, of whatever nature (Including. but nol Ilmlled 10, the assets identified pursuant to Ihls Agreement as belonging to the other party. any Income and/or gain from such property, end eny assets of whatever nature acquired by the other party prior to or subsequenlto the date of execution of this Agreement) and which he or she now has or at any time in the future may have against the other, the estate of the other or any part thereof. whether In law or In equity, whether known or unknown. matured or unmatured, and whether arising under the laws of any jurisdiction and including. but not limited 10, Ihe following: (i) out of any former acts. contracts, engagements or lIabllllles of such other; (II) pursuant 10 Inheritance. elective and/or Intestate rights 10 the olher party's estate. Including, without limitallon. claims for dower. curtesy. widow's or widower's rights, family exempllon, a distributive share, survivor's allowance, benefits under a rellrement plan. under the Intestate laws, the right to take against the deceased spouse's Will, the right to treal a lifetime conveyance by the other as testamentary. and all other rights of a surviving spouse to challenge a deceased spouse's Will, challenge the other party's Will, elecl 10 take against the other party's Will. and/or participate in a deceased spouse's eslate as admlnlstralor. executor or otherwise; (iii) right to share in any retirement benefits for the other spouse. except social security; and (Iv) for past, present or future support or maintenance. alimony, alimony pendenle lIle, property division (including, but not necessarily limlled to. equitable distribullon). counsel fees, costs or expenses, whether arising as a result of the marital relallon or otherwise. whether under the Divorce Code or otherwise. Excepl as specifically provided for In this Agreement: a) each of the parties shall have Ihe right 10 dispose of his or her property by lasl Will, or otherwise. as he or she chooses, without any claim by the other party; b) the estate of each of the parties. of whatever nalure, shall belcng KOHLS'MSA 10 to whoever would have heen enlilled to iI, as If the decedent had been the last to die; c) each party shall permit any Will of the other to be probated and allow administralion upon his or her eslale of whatever nature 10 be taken out by whoever would have been enlilled to do so had Husband or Wife died during the Iifelime of the other; d) neither Husband nor Wife shall claim against or conteslthe Will and/or the estate of Ihe other: and e) each of the parties covenants , and agrees for himself and herself and his or her heirs, executors, administralors and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs. executors, , ~ administrators, or assigns. for Ihe purpose of enforcing any of the rights relinquished under this Paragraph, 1lI. COURT CONFIRMATION: Husband and Wife hereto agree that the foregoing provisions shall be confirmed by the Court of Common Pleas. Cumberland County, docket number 97-6547 Civil Term upon application of Husband and/or Wife, 11. TAX ON PROPERTY DIVISION: Husband hereby agrees to pay all income taxes assessed against him, if any. as a result of the division of the property of the parties hereunder. Wife hereby agrees 10 pay all income taxes assessed againsl her, if any, as a result of the diyision of the property of the parties hereunder, 11. BREACH: If either party breaches any provision of this Agreement. the other party shall have the right, al his or her election, to sue for damages for such breach, The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under Ihis Agreement. or seeking such other remedy or relief as may be ayailable to him or her, ll.. REPRESENTATIQN: The provisions of this Agreement and their legal effect have been fully explained to the parties by theil respective counsel, Each party acknowledges that he or she has received KOHLS MSA independent legal advice from counselor his or her seleclion and that each fully understands the facts and has been fully Informed as to his or her legal rights and obligations, Each party acknowledges and accepts that this Agreement Is, under the circumstances, is being enlered into freely and voluntarily after having received such advice and wilh such knowledge, and Ihal execution of this Agreement Is not the resull of any duress or undue influence and that it is not the result of any collusion or Improper or Illegal agreement or agreemllnts. In the event either party has decided not to seek legal counsel for advice in this maller, then such decision shall not Invalidate Ihls agreemenl or serve 10 operate In favor of the party and against the other since both parties are competent and able to seek counsel for advice, Thus. if either party chooses not to seek counsel, Ihen that party's voluntary choice Is an acknowledgment thaI this agreemenl reflects his or her Intent and he or she will abide by the terms herein, H. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and aach party acknowledges that this Agreement is fair and equitable. that It Is being entered into VOluntarily and that it is nollhe result of any duress or undue Influence, Further. each party acknowledges that he or she has the mental capacity 10 understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress, 1.5. EHIJRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, 1i. PRIOR AGREEMENT; It Is understood and agroed thai any and all property selllemen1 agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 11. MODIFICATION AND WAIVER: 11 KOHLS MSA 12 Any modification or waiver of any provision of Ihls 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 nol be construed as a waiver of any subsequent defaull of Ihe same or similar nature, a.. GOVERNING LAW: .,. This Agreemer.t shall be governed by and shall be construeil in accordance with the laws of the Commonweallh of Pennsylvania, It Is specifically understood and agreed by and belween the parties hereto that each U. INDEPENDENT SEPARATE COVENANTS: paragraph hereof shall be deemed to be a separate and Independent covenant and agreement 2J!. VOID CLAUSES: If any term, condition, clause, or provision of this Agreemenl 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 Agreemenl shall be valid and continue In full force, effect and operation, 21. DISTRIBUTION DATE: The parties hereto acknowledge and agree Ihal for purposes of dlslrlbution of property as provided for In this agreement, the date of execution of this agreemenl shall be known as the Distribution Date. ; .1 I U. DATE OF EXECUTION: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party executes this Rgreement. I , !' KOHLS MSA i ~ 13 IN WITNESS WHEREOF, the parties hereto. intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above wrilten. WITNESS: - " A.-~--/.......:( Steven C, Kohls , ~~) y(p~ i da K. Kohls COMMONWEALTH OF PENNSYLVANIA COUNTY OF U 8''''':''' On this. the -lS'h'day of ~./ , 199C before me, a Notary Public. personally appeared Steven C, Kohls, Known to me to be the person whose name is subscribed to the within Selllement Agreement and acknowledged thai he executed the same for the purposes therein contained, ss. --- .---- --~ IN WITNESS WHEREOF. I hereunto sel my hand and official seal, 1.. '"." ',.,' .1_ f.~ ,I,,: !::J"~;' PUDI"~ Hi" /-, ,,' f)' -' .... f', .,' ,','-""~} _ ,uQlllnCountr W'-, '.--,' ", ''>:,:-,1;[1 E_'/.ilh'S Apnl 30 2'001 A:ftiilb:t h~:i;~;j'.I,J!jlil A;;!iI"H:!Jtwn u, fJo1:lrles MMONWE TH OF LYLVANIA SSe COUNTY OF On this, the 'ZS~ay of ~ I ,,99?betore me. a Notary Public, personally appeared Linda K, Kohls kno to me to be the person whose name is subscrtbed to the within Selllement Agreement and acknowledged thaI she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto sel my hand and official seal. !~ \~-" 'I.' \---<' ~.--- ,,:-\ n V') ~ c. 0 "... ... ;~ , ,,( ,., . "':Ji (rLlj ~ 11.. f;...f..l -r w ..d ,,- " ,'10 (/.1.. ; . r .-(... . ~t.) .- r--.:~ .. ''''0 '. "J -., \ ~::: (., ;;:; , !~') ::.: ~':: - . "IFl :;... ',- ~ .,~ ,,- ~ 11 -'. 1;::1 ... \ I . -:.t",,:,,~_~l.!<-i:;' '-,:_'_ - _ II:,' ~. : ji:'.Ci.."D.. D" JAM':."#:': Mittt1r..", f -., - ~:',.~"-'~;~'_'" - M ..,... . """.","1 -,: <<;-.; .".,' . "-- (J(l"'6icoJ- " ..'-'-J' . .... ."" ......,.., y ,~ -; 1 ~ ~ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 97-6547 civil Term Steven C, Kohls, Plaintiff Linda K. Kohls, 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) of the Divorce Code. 2. Date and manner service of the Complaint: a CERTIFIED COPY OF THE COMPLAINT IN DIVORCE dated November 24, 1997, was served on the Defendant on December 26, 1997, by the Acceptance of Service of Divorce Complaint. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: April 25, 1998 by Defendant: April 25, 1998 4. Related claims pending: claims pending. There are no related Respect~ully Submitted, By: tvLi ,IJames A. Miller, Esquire Attorney for plaintiff )2 Locust Street Site 100 rrisburg, PA 17101 .-/ (") .fi ~;-'j f;.i ;:0:" .<( (,., ~ "~;, : ~~;! ;.::; ::j '0 Cl) ,.", '0 "Q Co.) o ::0 -.: p ., .1 :,;'tJ "frl '1' '")Cl ,~ :Jl ~}O L'jrrl :..... ::0 '"<; - .. t:- O Steven C. Kohls Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. q) - U~l/7 ~?, Linda K, Kohls Defendant CIVIL ACTION. LAW IN DIVORCE NOTICE You have been sued In Court. If you wish to defend against the claims set forth In the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree In 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 Court House, 1 Courthouse Square, Pennsylvania, 17013, 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 Lawyer Referral, Service Court Administrator Cumberland county courthouse Carlisle, Pennsylvania, 17013 Phon . (717) 240-6200 Steven C, Kohl. PlaIntiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 97." ,'11 c.'-i/ ~<_ CIVIL ACTION - LAW IN DIVORCE 9411 V. Linda K, Kohl. Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Steven C. Kohls who currently resides at214 Gull Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. , 2. Defendant is Linda K. Kohls who currently resides at 285 Kernel Lane, Ellers, York County. Pennsylvania, 17319. 3. Plaintiff has been a bona fide resident in the Commonwealth for at . least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 12, 1991 in York County, Pennsylvania. ~ \ 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United Stales of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The Plaintiff avers the following: (check one) (Xl A. Plaintiff avers that there are no childran of the parties under the age of eighteen. Plaintiff avers Ihatthare are children of the parties under the age of eighteen, namely: () B. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling, COUNT 1 REOUEST FOR A NO.FAUL T DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 11, The marriage of the parties is irretrievably broken, WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the dale of the filing of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. VERIPICATION I verity that the statE!ll'e1l~.s made in the attached are true and CXlrrect. I understand that false staterrents herein are made subject to the penalties of 18 Pa. e.s. Section 4904 relating to W'lSWOm falsific<~tion to authorities. Date: (c ...1.0_~\ ~- ~-d ....r.;......: : ~~ ~~ ~ ~ ~~ ~ " ~ '" 9< ~ ~~ \ \\ ~~ ~ ~ a ~ ~1-:1 iJ S-:'~.I -. '" n "q ~ ~ ! . 1:'1 , '.-:n "0 ~~o -0 -'-I~:H ..Cl . . ;;.J ; .;rn ::~ r:- ~o '0 _, -'" ',- "J -, {;tl~ .r-'-I.." .. ......... A. MIL.U. ~-~ , - - - - " - - - - - . :~Jj.~ --.,'''''' t_ - w- M IYle. - ,,,.,. ....'.. ... "'1'" ........., -~' -~', . ,.-,,. -c.it'i. . . c.-.--_ ':..., Steven C, Kohls, Plaintiff In the Court of Common Pleas Cumbelland County. Pennsylvania v. No,; 97.6547 Linda K. Kohls, Defendant Civil Action. Law In Divorce Date: I ~ /Jl.~/ '1? ,. ~ ;#1d1, ACCEPTANCE OF SERVICE OF DIVORCE COMPI.AINT !, Linda K. Kohls, Dcfendant in the above captiuned action hereby accept service of the divorce complaint filed to the above term and docket. Linda K. Kohls t u. ..,;. <JI1 '" (I r ..... , 2 \0 ~ g:) ~ t- ;;:.1 "i*:,; i..!: - :'1 :~~ IJJt~ .~ "Ih, k_' - ~~~:. 0 tv 36 ?-'. ::1 _.J~;, . -'J ',~;c -".. 'Sa '~E~ r ~61n .- .. .'-1 \ ....-.. ~ ~-J .::> -, .l:'" ~ J . ... 1"'71 ........., c Cf~~ , Stev.n C. Kohls Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 97-8547 Civil Term ~ i t ~ Linda K. Kohls D.f.ndant CIVIL ACTION - LAW IN DIVORCE ., Af.fJDAlJI.LOfJ;ONSEN.I 1, A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 24, 1997, 2, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)days have elapsed from the date of filing and service 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, c 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. 5, I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised. I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court I 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,A. Section 4904, r lating to unsworn falsification to authorities, Date: A ~ Steven C, Kohls ~ .... ... . ~ ." . , t " 9, ., , n .0 0 ~ C? -II r " ;!~ %'0 :::1 ..,., li:D ntt!" ~ ;...o:.,-~ If; ;,:l IN (I) -. 0 ~;6 ~(; ..., -:.B 2;: c ~ j.. .;.c> ,-c .--.m ~c' - u .. -i :% ~ ~ ~ C) "'&&:-"r-~..._:'~-_ _ ,', _ " :T\:.iW ........* .. "....... .. MIUoCII ,} ~..~,........ .-- . ''f'., . ",,,. '....1.' . ... ~IYJ ......." '; ~-_.~ -....~ -- O~\<t~ - _.-.__.,~. Steven C. Kohl., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Y. NO.: 97-6547 Civil Term Linda K. Kohl., Defendant CIVIL ACTION. LAW IN DIVORCE WAIVER OF NOTICE OF IN.TENTION TO REQUEST ENTRY OF A DNORCE..QECREE UNDER SECTION 3301(c) OF THE DNORCE 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 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. e.s. A. Section 904, relating to unworn falsification of authorities. Date: .A. ::?:/L Steven C. Kohls ..v V -...I ,,--<t 0 II) ~ ~ CO ,... . -ot-j -0 }: n1tfi ;;0 IF! Z..'j Zt:" (..) ..,~ 0>--'" 0 ':J ..: , " . ~(~-' '-, ~ " ..., _4:B .:;c: - .,:~~ 'C (j ~L: - .~~ .. ~... ~ ~ ~ C) _.H""_""'_'_,',', -_'f",';;:~'~:_!;:'~;:", ,-,.' - _ -'. ;.L.I.W.......... ......... .. MI~&.A1I ',..~I~....,...- .. .".. . ..'.....'., ... I" '" ........, C('\'t}~ . --. r---.......' Steven C. Kohls Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Y. NO.: 97-6547 Civil Term Linda K. Kohl. Defendant CIVIL ACTION. LAW IN DIVORCE AEfIDAVII.OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 24, 1997. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)days have elapsed from the dale of filing and service 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 if a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court I 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. e.SA Section 4904 relating 10 unsworn falsification to authorities. ~ /?~ J 'j( Y/d~ i da K. Kohls Dale: ..... ..., ~ .- "- I I ! i \ r - ., n \.cJ 0 c:: :.0 " ~ ~ ,.,. , -oE; .0 --1 rI)t:.: ;>".) ',:OJ 4'....1 ,r:;; -"C- t.) t., " 0 f6 ~':(:~ -,"; "" :~ -'-'-.' ::>.: ' \. ...~, ;- :-~( j~~ .. ...)<0 --I ~ t:"' :fe- 'I1 0 -< ~,. ,,'., . ..,.... ,...,.. . .... rt..,.......... .<~~,.", "'-~_"'_'4 o('\~u:J.- 1;;. ._~~' -:.7 <,' Sleven C. Kohl., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 91-6547 Civil Term Linda K. Kohl., Defendant CIVIL ACTION. LAW IN DIVORCE WAIVER OF NOTICE OEJNIEtilIO.N..IQ.REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33Q1WOf_nt.E..DLVQBCE CODE t 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 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A Section 4 , relating to unworn falsification of authorities. Date: ,yJ?~) t:,Y/d ~ Linda K Kohls '" v o;;.~ Il' , n >on ~ ~ w .- .". -:1 .,-,:_, " -0 . '.:!J (l1j.' ;0 ~1 Z:J".J t.) % L'.'~> 0 ~) .....::::. 'l ,- ,:.C ." :I~ .' ~~~ C~ :x <5 :.;~f~ - :~jl I .. ;:;:! ~ ... ~ c::> .