Loading...
HomeMy WebLinkAbout98-00757 , ':.:. .:.~. -:.:- .:+:. .:.;, .:.:. .:.:. -:.:. -:+:. .:.:. .:+:. :. ':.:0- ':.:-,:':.:":.;'_':.:' -:..:- .:.:. ,:+:.;' .:.:.: -.;4 ,~ "'. .,- ~ ~ ~ ""-' ~'-',...-...""...-,..-, -~ ....''O-_.._______.-...-...-...~.____...........__..._______._____ " " ~ ~ ..~ '-' .:.:. .:.:. .:.;. .:.;, ':.:. .:.:. ~~'-,..~,...~.., " W{ ~.. ':.:' -:.;' -:.~. ~ ',' IN THE COURT OF COMMON PLEAS ," ~ ,. ',' OF CUMBERLAND COUNTY l~, STATE OF ;~~~~ PENNA, ~ w ',' ~ ',' ," ~ W <:" ,', ~ IO~I,I,Y I" COOI<, w ',' i\: ()'q~~:::7,5.7.,.. q'y,~~..,TERM Plaintiff ~ \'1'1'.""1.-; ~ ',' Imsr,gy L. COOK, * ~ ',' Defendant " ~ ',' ~ ',' DECREE IN DIVORCE AND NOW,..,.., ~O~ ,'3-:Q....,.." 19 ,~~..,' it is ordered and ~ ',' ~ ',' ~ " i, ~ ',' decreed that""""" ..~J;:~~'y: ,~....GqQ!<....""".."......", plaintiff, and, , , .. .. .. , , .. , , , , .. .. ~~,~~?y, ,~: , ~9,ql5, , , .. .. , , , , .. .. , , , " 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; ~ ',' w ~. w ',' , , t'I~,11~ ~ , , .'l:/)<:l, ?,~!?t:-,N,lJPt-~,a,~ ,~g,:r::~~I)1~,f\1; , ri.1,~c;1, 9,1; ,l,"(i!,c,Q:r;c;1, ,i,l1 , t/l.i.:o , , , , , ,~~,~c:<;!~~,~~~, ,i,~ ~!l,C,~~I??.r,~1;:7?, ,~l;1~, ,~~1;:, !l1,~:r;9!"~ ~'.1):~, ,t\1~.s, .I?~~,X:E!<:l, ~,n Divorc . ~ ',' ,', ~ AlIe.I:4i2'k, q L~ry<- ~ ", ~ ~. n y ,', ~ ~ " ~ ~ 7- <; ~ ---- -- '-~ ~>...;. .:.;, .:.:. .:.:' .:+:. .:+;. .. --.. . ... ,.~----..-.. .,-~-... ,..,-,,--......~,.~... "", ", .. ,~ .:' .:.:. -:+:' .:+:- .:.:. .:.;. .:.;. ':.:. .:.:. .:.;. .:+:- ':.:. ,:.;. .:+:. .:ot;, .:~:. -:+;. .:+;. .:+:' .:e;. ':.:. .:.:.' ~ ',' ~ ... ~ '.' ,,~ ~ ,,~ * *. ~.~ ,.; ~ ~ ',' *- '.' ~ ~.' ~ ~.~ .', ~ *- ',' ~ r:. ~ ~ ~.~ ~ ~.' *- ~.~ ~ ~ ~ :.' ~ ~.~ ~ " ~ ~ * ~ ',' ~ ~ ~ ~ * J. i'~ ~ I, i~ " 7 / ft !itf ~ 11(~.tJt:J' ~ 4- ~t.,-r.;~",,,"-,tA.... 7./ ~ /1~ /o",:a(~ ~ 4- 6~ r :[ II 1\, i i -i I ." I ~ )A 'II,: :1'1,': i :\". , '/ 'I ; I , ! : ij ! , , ,', ,I , , \ , '~ (' l" ;, " " i I POST-NUPTIAL AGREEMENT THIS AGREEMENT made and entered into this :;) 'I nl day of ~ 'oj /<...,; , 1998 by and between: KELLY L, COOK, of 4 North Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania, party of the first part (hereinafter "Wife") AND WESLEY L, COOK, of Mechanicsburg, Cumberland County, Pennsylvania, party of the second part (hereinafter "Husband") WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as "the parties") were married to each other October 5, 1996 in New Kingston, Cumberland County, Pennsylvania; and WHEREAS, the parties separated on January 6, 1998, having last resided with each other at 4 North Stoner, Avenue, Shiremanstown, Pennsylvania; and WHEREAS, the parties have accumulated certain assets and , incurred certain debts during their marriage; and WHEREAS, the parties have had no children of their marriage. ~..N O:lF'ICL:.. 5NELDf.~ER 8RENNE~lA'; & Sp^nc I !I " WHEREAS, certain differences have arisen between the ~'- I:; Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable, Attached to this Post-Nuptial Agreement (also referred to herein as the "agreementn) is a listing of certain marital property identified and incorporated by reference herein as "Exhibit A". Husband shall receive and keep the following items of personal property identified on "Exhibit A": table and J.T' ~ )LLL chairs (kitchen), coffee pot, wine rack, crystal, television, computer, leaf blower, weed wacker, grill and paint sprayer. All other items on the list identified as "Exhibit A" shall be owned and possessed solely by Wife. All items of personal property possessed in accordance with this Post-Nuptial Agreement and any other items of personal property not listed on "Exhibit A", whether or not considered marital property shall, from the effective date of this agreement, be owned by the possessor thereof free and clear of any right, claim or interest of the other party and may be freely sold, disposed, alienated or utilized by the possessor, Husband shall make arrangements through a third party to have removed all items of personal property identified as his above and as set forth on Exhibit A from the residence of 4 Stoner Avenue, Shiremanstown within twenty (20) days of the ;..\,... ,J~rlCr.::.. effective date of this Post-Nuptial Agreement at a time mutually S~rLD'"r" agreed to by the parties, aRE~INF.M^'; 5 SPARr: 11 II -4- !I , " ,\, C:: I' I ,. r.lo ~:,I tf , , :1 I' ,/ f I , i' !\,,; , . !' ~ :/ i I . I i' \ I. " 4. MARITAL RESIDENCE AT 4 NORTH STONER AVENUE, SHIREMANSTOWN. Husband and Wife acknowledge that they acquired during their marriage certain real estate improved with a residence located at 4 North Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania (hereinafter the "marital residence"), They acknowledge that the marital residence is secured by a purchase money mortgage, Husband agrees to convey to Wife all of his right, title and interest in and to the marital residence by special warranty deed, free and clear of all encumbrances except the purchase money mortgage noted above. Said deed shall be delivered to Wife's attorney within ten (10) days of the effective date of this agreement, Wife agrees to pay and be solely responsible for the purchase money mortgage. Wife agrees to hold harmless and indemnify Husband of and from all liability with respect to the purchase money mortgage and all maintenance, utilities, taxes and expenses associated with the marital residence, Wife agrees to make a completed loan application within sixty (60) days of the effective date of this agreement in order to refinance the purchase money mortgage for purposes of extinguishing husband's liability for same, Whether or not wife qualifies and is able to refinance said mortgage, same will ~....'. "J-~ICl.:~ SNE!..D'\KER GRt~;~E'M'; a S?'\R!: not affect her obligation to indemnify and hold Husband harmless for same. Husband agrees to execute any documentation -5- reasonably required by Wife's lender or title insurance company to facilitate Wife's refinancing efforts, In the event Wife is unable to close on refinancing of the purchase money mortgage within one year of the effective date of this agreement, Wife agrees to sell the marital residence, All expenses associated with the sale and all proceeds of such sale shall be the responsibility of and belong to Wife, Wife shall be solely responsible for any capital gain implications of such sale, 5. DEBT, MARITAL DEBT AND FUTURE OBLIGATIONS, As indicated above, Wife shall be solely responsible for the purchase money mortgage secured by the marital residence. Husband shall assume and be solely responsible for the following debts: all AT&T credit card debt (account No. 5398 7000 0752 4733); all Montgomery Ward Mastercard debt (account No. 5441- 3000-0076-1148); all First USA Bank Platinum VISA debt (account No, 4417 1286 1627 1670) and all debt due for the parties' wedding photographs, The parties agree that any and all loans, debts and/or obligations incurred subsequent to January 6, 1998 shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf LAN OFFIces S:;:LOM:rn, anr.~-:NEM "-l a Srl.\RE of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such 1 ! " -6- B. DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to execute the necessary affidavits, waivers and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. The parties will execute the necessary affidavits, waivers and consents at the time of executing this Agreement, 9. GENERAL RELEASE, Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this agreement. 10. SURVIVAL OF AGREEMENT, It is the intention of the L,\.\' r.J'I'ICtJ S:-.E~O.'X:5:R 8Rt~;~~tM.\'; t',; SN.RE parties that this Post-Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by -B- future obligations, Further, the parties hereto agree to indemnify and hold harmless the other party of and from any and all liability arising from the debts or accounts specifically identified above. 6, PENSION. 401K, RETIREMENT PLANS, BENEFITS AND EMPLOYMENT BENEFITS, Each party waives and forever releases the other of and from any and all claims which either may have against any pension, 401K Plan, retirement plan or any other retirement plan, benefit or employee benefit or benefits of the other. 7, RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE, Unless otherwise specifically provided herein, each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. Wife agrees to withdraw the Petition for Alimony :......... OFHcca Pendente Lite filed by her February 10, 1998 and docketed in the S..::::"Oo\KER. Br;!:';~IF.M.\rl .'i Sfl,'RE Divorce Action, -7- loA'" o,n:r, 5~:C::'D";':ER BR~~;~E~.I.,'. li 5PJoRE either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code, The parties agree to incorporate this agreement into a separate order of court to be entered in the Divorce Action, but this agreement shall not be merged into said order or decree in divorce. 11, COOPERATION, The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. 12. BREACH: INDEMNIFICATION, If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including -9- i attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 13. VOLUNTARY EXECUTION, The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect fully explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them, 14, ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, The parties acknowledge LMV OFFices SI-l!:l.D\;';Ci1 8nr:N"r.~.1,\'. c.: S,J.\Rl:: and agree that the provisions of this agreement with respect to II I I I , , the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length " I! !I " , -10- " ~, of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this agreement. 15. WAIVER/MODIFICATION. The waiver of any term, conditions, 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. This agreement can only be modified in writing executed by both parties hereto, 16. APPLICABLE LAW. This agreement shall be construed, interpreted and enforced according to the laws of the L.\W O:-nccs S:-;!:LD'''':E'R, Bf1!::'>l:'-lEMo\:. ti SP.\AE' Commonwealth of Pennsylvania. -11- I I, " I' 1\ ! l' I, I, f I : ( . I I ~ \ \~ . f! ": \, " , . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) SS. ~ -7'; &. On this, the /\5 - day of 'lL,...:.,.' , 1998, before me, a Notary PUblic, the undersigned II fficer, personally appeared WESLEY L. COOK, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within instrument and acknowledged that he executed the same as his act and deed for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and off icial seal. NOTAIIAl SIAl. CATHY J, IMUIO, ......, I'IIWc ''bI",,-' . .,.... ~b....id Ca.. 'A M,ComJr' 'I \~MMtt '.. 2aoJ C- 9 I." I, ,/ ,. '-'<-t:::7~Lr ' - h Lu_l~ Notary Public My Commission Expires: 'tr9-,t ~ ,;,1",' / : ;( ,: ~ 'I,Z- COMMONWEALTH OF PENNSYLVANIA) COUNTY OF SS. CUMBERLAND) On this, the J~tt day Of]~~ , 1998, before me, a Notary Public, the undersigned officer, personally appeared KELLY L. COOK, known to me (or satisfactorily proven to be) the person whose name is SUbscribed to the within instrument and acknowledged that she executed the same as her act and deed for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and off icial seal. ...... ;>'ICr..l 5~;C;:..D~KER, eR~~;,'~B1A'1 :. SP,'R:: 9d~t?) Q ;:j/~'-U...~ Notary PUblic My Commission Expires: .')', 3/- tiy Nolanal Sa&I PIlIIIcIa J, Tllomson. ~ Pld: ~Boro. CllmberlindCQnv I.Iy CormIIsaDi ElcpIms Dee. SI, IIl96' ~.Po..~.(I~~~lc:I~ " \,':) r:, f: ,~~":') -'I i:'F --. -,.'. ~!}C c-; , );2 1'-> ""l '" '.0 -~11:- t-...~ ~. \'.'fcS " :2 - -'"I ~;l' :") --. ( , ~rI ;"-::c.. 'OJ .... c~ ::':) ('jnl $ -., :,.) .". :~, (JJ ~, " " KELLY L. COOK, , I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-757 CIVIL TERM CIVIL ACTION - LAW Plaintiff v. WESLEY L. COOK, Defendant IN DIVORCE STIPULATION AND AGREEMENT Plaintiff Kelly L, Cook, represented by Keith o. Brenneman, Esquire of Snelbaker, Brenneman & Spare, P. C. and Defendant Wesley L. Cook, represented by Andrew C. Sheely, Esquire hereby stipulate and agree as follows: 1. Exclusive possession of the parties' marital residence located at 4 North stoner Avenue, Shiremanstown, Pennsylvania is given and granted to Kelly L. Cook. 2. Wesley L. Cook shall at no time enter into or Upon the house or real estate identified and known as 4 North stoner Avenue, Shiremanstown, Pennsylvania. Further, Wesley L. Cook shall at no time enter into or be upon the premises of any future residence of Kelly L. Cook. 3. Wesley L. Cook shall at no time enter into or upon the present place of employment of Kelly L. Cook or enter into or upon any future place of employment of Kelly L. Cook. LAW OFFIC[';& SNELDAKER. BRENNEMAN 8: SPARE 4. Wesley L. Cook shall have no direct personal contact with Kelly L. Cook. 5. Wesley L, Cook shall have no written, verbal or , , J I , ..1 ) ) i \ , I ~ , \ II ,! 'I if II it ! ~ , \ ! '1 : f I .. \, " .. , .. \.'...:..; telephonic communication with Kelly L. Cook. All communication between the parties shall be made by communication between the parties' attorneys. 6. This stipulation and Agreement shall be submitted to the Court for approval in the form of an Order of Court. 7. Upon the issuance of an Order by the Court approving this stipulation and Agreement, Kelly L. Cook agrees to withdraw without prejudice the Petition For Protective Order Under the Protection From Abuse Act docketed to No, 98-3298 Civil Term, Cumberland County, PennsYlvania, at which time any Temporary Protective Order entered in the aforementioned proceeding shall terminate and end if not earlier terminated or ended by Order of Court. 8. This Stipulation and Agreement shall be enforceable against Wesley L. Cook through contempt proceedings brought in the Court of Common Pleas of Cumberland County, Pennsylvania or in any other applicable and appropriate jurisdiction or court. 9, This stipulation and Agreement shall in no way be construed to preclude any future remedy, proceeding or action of any kind or nature available to or involving either party. 10. The parties hereto acknowledge and agree that there is full and adequate legal consideration for this stipulation and Agreement. LAW OI'FICES SNELBAKER. 8RENNEMAN 8: SPARE WHEREFORE, Plaintiff Kelly L. Cook and Defendant Wesley L. Cook, intending to be legally bound hereby execute this -2- , l\ . I il r !l " i~ " i\~ ii, l" ' r: " ;\/ :'1 , i " ,1,."1, "' I , " ~~~ (SEAL) Wesley LftCd ' (SEAL) r: " I ~' I, ) ,J ~ ,~ i I , , stipulation and Agreement this :J.9,,1 day of June, 1998. tf~. ~~~ire 127 South Market Street P. o. Box 95 Mechanicsburg, PA 17055 ~~~ Keith o. Brenneman, Esquire Snelbaker, Brenneman & Spare, P. c. 44 W. Main Street Mechanicsburg, PA 17055 ," LAW OFFices SNELDAKER. BRENNEMAN Be SPARE -3- " (') v:) .-:1 (- ;;:'u ."- 'r, ." :':"~ ~-: ',-) n I,.. -:),-;:1 '..... ';,,)) ;;;:;: "-' ,'- '",' "8 :::'.1, .. I::> ,.,..... l;~~.. ' ) .., :;~ ,,<, ,.: -, " -'i .:'., , ~:!~ J~::il ~'i;C} ~ l:.:;11I , , "_4 :~ '" o. :0 ,< r" KELLY L. COOK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIAj NO. 98-757 CIVIL TERM CIVIL ACTION - LAW I v, WESLEY L. COOK, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please 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 of service of Complaint: on February 9, 1998, (See Acceptance of service filed herein) 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: June 29, 1998; by the Defendant: June 25, 1998, 4. Related pending claims: None, 5. Date of execution of the Waiver of Notice in Section 3301(c) Divorce Code: by the Plaintiff: June 29, 1998; by the Defendant: June 25, 1998. By: Attorneys for Plaintiff SNELBAKER, BRENNEMAN & SPARE, P. C. Date: June 29, 1998 14~ea~ LAW OFFIC1:S SNELDAKER, BRENNEMAN ec SPARE ~ C) r:: -,. ri; b~ ; Ir~' f~~{'i~:' '." ~.-' . ,. _:~:(-., ,:..~: i -', .~;:{:/ ::'1 -~ , '" CD '-- D1 ;\,) '.0 (") -1., --, -,- 'ii:!:J r- ";)CJJ ':.....1 "') I 'jp , "J ~ ').f '.~~ r) C5(;n :.;:--1 S5 '<: .~O :~;,: ':y ..,) r...,> I I I I I I I \ V Ii [', (I ?:} till ,r..'" 'f' .., j," ~' KELLY L. COOK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- 1j'/ CIVIL TERM CIVIL ACTION - LAW Plaintiff v. WESLEY L. COOK, Defendant IN DIVORCE AFFIDAVIT KELLY L. COOK, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsification to authorities. LAW OFFICES SNELDAKER. BRENNEMAN a SPARE Date :--dR.hf..l./Cuy Z rnP (') v:! Q f; ~. ., "'tIt.";'.; '::: -J (ill.!.! ::-: i-:::JJ ?J.~~:" ,,~ "- '.:> '/8 !::;',:',. " ) --, ..;::tC> l,"," .'.,,, r - -', : ,;:;n :..;" { ,~~') '0 ~:' ;,')' " .\.) ~ ..~; :0 ~, il -<; ~' KELLY L. COOK, Plaintiff IN THE COURT OF COMMON PLEAS OF! CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-757 CIVIL TERM CIVIL ACTION - LAW v. WESLEY L. COOK, Defendant IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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. 4. 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. 5 4904 relating to unsworn falsification to authorities. - Date: VUo4Jf ). 1, 19'/11 Mdfrf 1 ({if'L . ~llY L. k (') ',[) 0 F ~o:> -n lj(~~ g~ -) t; 1/:', :~li ::;:J -_.. ,-- ~:: ,-' N rom ~.j '.0 !-ioy '-.J !-.:i ,-,0 :2? ,;:j] ';,;c 8c) :;:"c. ":i' Gin ~~ .. ~~~~; :r;! ~::.; i\.> :u -< r..;, -.;: KELLY L. COOK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- 757 CIVIL TERM CIVIL ACTION - LAW v. ESLEY L. COOK, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in the above action. Date: :;.f"l ("t~ / /7'/ .~~ ,/, .~. vt#. / Wesley/ . Cook, Defendant 14 East Keller Street Mechanicsburg, PA 17055 (mailing address) I.AW OFFices SNELDAKER. BRENNEMAN 8: SPARE (") .a 0 c: co -n -- .." ~:o .~ -on) fTI Q'L'l c;:l r.1~ Z.I.' :g :z: r;: 0 UJ 0';"" 0 n ~c; :~-B ::2 ~C) -'~ (5b r:.--::O :~m ]>c: - ~ .. -/ ':J1 ?t ~ I-=> -< . KELLY L. COOK PlllinliITIPClilioncr IN TilE COURT m' COMMON I'LEAS OF CUMDERLANI) COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE WESLEY L. COOK Dcfcndalll/Rcspolldcllt NO. 9H - 7~7 CIVIL TERM IN DIVORCE DR# 27,314 PIICSCS# 3971111I1135 ORDER OF COllRT AND NOW. Ihis J1i!.!!. dllY of Fcbnral)' . 199H. upou considcralion oflhc allachcd Pctilion for Alimony Pcndenlc Lite and/or counsel fees. it is hereby dircclcd lhallhc pllrties and Iheir rcspecli\'e counsel appear before R.J, Shadda\' on March 16, 199M nt 9:1111 a,m, for II conference. nt 13 N. Hlmo\'er Sl.. CnrJisle. PA 171113. aOer which Ihe conferencc officer may recommend thnt an Order for Alimony Pcndenle Lile be entered, YOU llrc further ordered 10 bring 10 Ihc eonfcrence: (I) a Inle copy of)'onr most recent Federal Income Tax Relurn, including W-2's as filed (2) )'onr pay slnbs for lhe preceding six (6) monlhs (.1) Ihe Income and E.~pcnsc Slatemcnt allachcd 10 Ihis ordcr. complctcd as rcquircd by Rule 1910.11-1' (4) \'crification of child carc Cxpcnscs (5) proof of mcdical co\'cragc which )'onmay ha\'c. or ma)' ha\'e ll\'Uilablc 10 you IF you nlil 10 appear for thc coufcrcucc or bring Ihc rcquircd documcnls. thc Court may issuc II warrant for )'ollr arresl. cc: pctitioncr lmd respondcn!\ cc: Kcith 0, Breuncman, Esq, L.. rn~.d .JI~/qa cc: Andrcl\' C. Shcely, Esq~ /'leU<.... Dntc of Ordcr: Febrn:m' I H. 199M BY THE COURT. G rgc E, HolTcr. Pr 1~~Udge " - ,~~ onfcrcncc Officer . ..~() YOU HAVE THE RIGHT TO A LAWVER, WHOE MA V ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT IIA VE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MA V GET LEGAL HELP. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE. PENNSYLVANIA 17013 (7 I 7) 240.6200 KELLY L. COOK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- 157 CIVIL TERM CIVIL ACTION - LAW Plaintiff v. WESLEY L, COOK, Defendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE Plaintiff Kelly L. Cook, by her attorneys, Snelbaker, Brenneman & Spare, p, C., files this Petition for Alimony Pendente Lite and in support thereof states the following: 1. On February 6, 1998 Plaintiff initiated this action by filing a Complaint in Divorce. 2. In Count III of Plaintiff's Divorce Complaint, Plaintiff requested, inter alia, alimony pendente lite. 3, Plaintiff is without SUfficient income at this present time to properly SUpport and maintain herself without contribution from the Defendant during the pendency of this action, 4. Defendant has failed to support Plaintiff adequately since the parties' separation. LAw OFFICES SNELBAkER. BRENNEMAN B: SPARE 5, Defendant earns, or has an earning capacity which would generate SUfficient income to pay alimony pendente lite to VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, ~ 4904 relating to unsworn falsification to authorities. Date!-jebrua~/ Z IQtJf 6'fj f.!,(b.t:; (~, , I:~ I (j I IS i ~' , j . ' , \ ; . g ,0 0 W -n ;.... ..,., -I -cti:.~ \~., -r:-n rnrf1 rP 1';1F- ;;-'.=--' ?,~ :.: r;:' C> u~...: .,:"'1 -......1.. :::J:H r.:;':; -'0 .,. ";;~ C") ~ ~~(., (~O ~rn ;.;c.:.: - 8 .. :3. UI "JO (,J =< KELLY L, COOK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I NO. 98-757 CIVIL TERM ' CIVIL ACTION - LAW v, WESLEY L. COOK, Defendant IN DIVORCE ORDER AND NOW, this ~ day of ~ , 1998, upon consideration of Plaintiff's Motion For Order Approving stipulation and Agreement, and the Defendant's concurrence therein, it is hereby ORDERED that the parties' Stipulation and Agreement attached to the foregoing Motion as Exhibit A is hereby incorporated in this Order and APPROVED. BY THE J. ./ KELLY L, COOK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-757 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 'I, WESLEY L, COOK, Defendant MOTION FOR ORDER APPROVING STIPULATION AND AGREEMENT Plaintiff Kelly L. Cook, by her attorneys, Snelbaker, Brenneman & Spare, P. C. submits this Motion For Order Approving Stipulation and Agreement and in support thereof states the following: 1. Plaintiff and Defendant are parties in the above- captioned divorce proceeding which was initiated by Complaint filed on February 10, 1998. 2. Subsequent to the filing of a Complaint in Divorce by the Plaintiff, certain differences have arisen between the parties concerning and relating to contact and communication between the parties and Plaintiff's sole possession and occupancy of the parties' marital residence. 3. The parties have entered into a stipulation and Agreement addressing those issues identified in Paragraph 3, above, a true and correct copy of which stipulation and Agreement is attached hereto and incorporated by reference herein as "Exhibit A". LAw OFFICES SNELDAKER. BRENNEMAN Be SPARE 4. The parties desire their stipulation and Agreement be approved by the Court and incorporated into an Order of this Court, 5, Defendant's counsel, Andrew C, Sheely, Esquire, concurs in this Motion, WHEREFORE, Plaintiff requests this Court to approve the stipulation and Agreement attached to this Motion as "Exhibit All. SNELBAKER, BRENNEMAN & SPARE, P.C. Date: June 29, 1998 By: r;. Y-'t-t(,t. Ke th 0, Brenneman, Esqu re 44 West Main Street Mechanicsburg, PA 17055-0318 Telephone: 717-697-8528 Attorneys for Plaintiff Kelly L. Cook LAw OFFICES SNEl.DAKER. BRENNEMAN a SPARE -2- KELLY L. COOK, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-757 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. WESLEY L. COOK, Defendant STIPULATION AND AGREEMENT Plaintiff Kelly L, Cook, represented by Keith O. Brenneman, Esquire of Snelbaker, Brenneman & Spare, P. C. and Defendant Wesley L. Cook, represented by Andrew c. Sheely, Esquire hereby stipulate and agree as follows: 1. Exclusive possession of the parties' marital residence ! located at 4 North Stoner Avenue, Shiremanstown, Pennsylvania is given and granted to Kelly L, Cook. 2. Wesley L, Cook shall at no time enter into or upon the house or real estate identified and known as 4 North Stoner Avenue, Shiremanstown, Pennsylvania. Further, Wesley L, Cook shall at no time enter into or be upon the premises of any future residence of Kelly L. Cook. 3. Wesley L. Cook shall at no time enter into or upon the present place of employment of Kelly L. Cook or enter into or upon any future place of employment of Kelly L. Cook. 4. Wesley L. Cook shall have no direct personal contact with Kelly L. Cook. ,,".N O,"I~t:5 5. Wesley L, Cook shall have no written, verbal or SNEl.DA!>:En. aR~NNEMA~ 8: SPAR!: EXHIBIT A I .~ '~' telephonic communication with Kelly L, Cook. All communication between the parties shall be made by communication between the parties' attorneys. 6. This stipulation and Agreement shall be submitted to the Court for approval in the form of an Order of Court. 7. Upon the issuance of an Order by the Court approving this stipulation and Agreement, Kelly L. Cook agrees to withdraw without prejudice the Petition For Protective Order Under the Protection From Abuse Act docketed to No. 98-3298 civil Term, Cumberland County, Pennsylvania, at which time any Temporary Protective Order entered in the aforementioned proceeding shall terminate and end if not earlier terminated or ended by Order of Court. 8. This Stipulation and Agreement shall be enforceable against Wesley L. Cook through contempt proceedings brought in the Court of Common Pleas of Cumberland County, Pennsylvania or in any other applicable and appropriate jurisdiction or court. 9. This stipulation and Agreement shall in no way be construed to preclude any future remedy, proceeding or action of any kind or nature available to or involving either party, 10. The parties hereto acknowledge and agree that there is full and adequate legal consideration for this Stipulation and Agreement. L4.\' ~rnctJ SNEl..D,u,EA SRE:'~NEM~'; a Sa,\Ri! WHEREFORE, Plaintiff Kelly L. Cook and Defendant Wesley L. Cook, intending to be legally bound hereby execute this " I I -2- .., " , _!O,'. ):~- .'}. Stipulation and Agreement this 'J.q ," day of June, 1998, ~~~&f (SEAL) Wesley L~ k 1/,1 Kel y ~ ~ tvvt'Vl/1 Keith o. Brenneman, Esquire Snelbaker, Brenneman & Spare, P. c. 44 W. Main Street Mechanicsburg, PA l7055 ~~. ~~~~~ire 127 South Market Street P. O. Box 95 Mechanicsburg, PA 17055 (SEAL) 1...\W \J;:,nc:J SNtLD^"'EA. aRcm~EM.\~1 e. SP/\RC -3- CERTIFICATE OF SERVICE I, KEITH 0, BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Andrew C, Sheely, Esquire 127 South Market Street P. 0, Box 95 Mechanicsburg, PA 17055 ]de~??~ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Kelly L. Cook Date: June 29. 1998 LAW OI"l"ICl:G SNELBAKER. BRENNEMAN Be SPARE n L<:\ 0 r.:: ::J :.~.. "n ~.;.'i "'. ~-J ft ~, -' r :l:]J :':~: ;: j , ,- , ' N :~t~ <!','-' 'D L~:'~ ' , ,( :.t? ':-2':'1 ....: c~_, Cl-d ~;~; .~.r) r:-? 6rn :cJ .,-, '" :::..; -, .-J -< ~ ~ 1- " ~l~j ,'!. .-! " ~ ..t );\.~ :co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW . . : KELLY L, COOK, : Plaintiff . . : File No. 98-757 . . vs. . IN DIVORCE . : : WESLEY L, COOK, . . Defendant . . NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the 30th day of June . 19 98 ,hereby elects to resume the prior surname of this written notice KELLY L. DEARDORFF , and gives pursuant to the provisions of 54 P.S. S 704. Ivll/~ il~~) DATE: ? /15/9% . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : SSe : On the ~s-tk _ day of ~/_ ,l9~, before me. a Notary Public, personally appea~above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that ~/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. , Ch;~~~ Nota y Public ~ NOlanal Seal ChnSlrne M While, Notary Public Machanlcsburg 80ro Cumberfand Counly MYCommlss,onE'PlresSepl,172001 Member, Pennsylvania Association of Notaries ~ ~ \~ \ ~. '" ~ "'1\ ~ \( }J ~ ~ , 1 ~ ? Ij 0 \.0 0 C': ::t.a -n ~I" (; ,- ::J :;~.'! c:-: , I ,- ;::1 -n " f~ .,. , '" .., f" C..> , 0 ') 1 .. .. .::;C) .-::J . .:~~q ,.,<) ,':.,-;;"11 .. ::> .:; .~! .,' ( ~) ::'2 ~. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KELLY L. COOK ) Docket Numher 98-757 r:v Plaintiff ) vs. ) PACSES Case Numher 397100035/27,314 WESLEY L, COOK ) Defendant ) Other Stale ID Numher ORDER AND NOW, to wit on this 10TH DAY OF MAY, 2000 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or ~ Other PETITION FOR A.P.L. filed on FEBRUARY 10, 1998 in the above captioned matter is dismissed without prejudice due to: THE FINAL DIVORCE OECREE OF JUNE 30, 1998. ... o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. OftJi;J BY THE COURT: Service Type M DRO: R.J Shaclday xc: plalntJff deferdant Ke.1 th Brenneman, Esql1l re Ardrew Sheely, Esql1lre MAILED 5" -I:UX} ~ Ke.*: /ld_ JUDGE Form OE-505 Worker ID 21005 t:','t, I [, II :<{;' 1,'\ I .d I (,,1 ~, (") t::> 0 C- O .." ;~: :r: ,-, ""Tlr.::: ~.. T {Jlrn -< ;I;f[1 /..::n -,.~-- "~ C,?,,": u, :-~ ~, ~~ r: C~ ~ .; -t] -....C"'! :JJ: ':.21- ~c5 .._~ /. ,.r.:.C ~ 0 Z ,:....:I ~ ~ (n , :. ; 1:. 'I " .{ i r ,'F " 'rl& Ih . \ ! 'r' I l? !' ii' 1\.," Si l:~:i " -2:' ~< B, i" ~1.11 t:.~., .~' , " ~ ~1 ....-";'< ~. i~lt W". '1< , KELLY N. COOK, IN THE COURT OF COMMON ('LEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff vs. ; No.1?-'151 Civil Term DANIEL L. COOK, : ACTION IN DIVORCE Defendant NOTICE TO RESUME PIUOR SURNAME, To the Prothonotarv: Notice is hereby given that the Plaintiff in the above matter: _X_ prior to the entry ofa Final Decree in divorce, OR _ after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of SHENK and gives this written notice avowing her intention pursuant to the provisions of 54 P.S, s704. Date: -a ~:-:> lOl-l l( [& ME , KELL, N, COOK Prior Name !tit;, f! .->>t IALt KELL ~N. SHENK Signature of Name being resumed. COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the % ~ay of Feb NJ"E~ ....A20#before me, the undersigned officer, personally appeared KELLY N. COOKlKEI l'J. SHENK personally know to me, (or satisfactorily proven) to be the person whose me is subscribed to the within instrument. and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and 0 'ticial seal. NOTARIAL SEAL JANE E. ADAMS. NaIIry PuliD CIItIIe Boro. CU/tibeIIII'Iit Ccu1tI . Mr CanvnIMIOn EIpiIII .......- ( y commission expire, ... '.) .{( ,'1 ,t '; !~~ ~I I n (~ ,..., 0 ,." , Co:> ." ~ .' ",. .oJ .." ". rn :r~'J (:) ~ \.:I;'L (;0 rnr~ "A ''>i' ", --'.'9 f'<:' ['1" . ::u ~ ~ (Jl SC~ ~ r; l~~ ,~-IJ ~ ::'.-,: -0 ;~'"'l :1. ~ ~': . I. . :i: :c:.C) - ":0 8n1 -C 9-J ~ }.~'- c:: r:? ..~! 'I." ~ c./) ::::. w ~;'1 CX1. -< w -. .eo ~ <:>q ~ ---0 <:> :'"1 V 'i - ._~] -,\:1;! J~jR"r(h' '~-+J\(.; \,\1"J'{:J1 ,.::p ",(1,\ :1 ~~~v~~ ~. . ,,' , ,t, ," '-I 'f >.' t ," .'~ . 'lflT"'~) to'",'1J.".", ,.'.11', '.I'O,J ~.G ,,~a{~ t~'.':I:i 't'.I~..~in:i\"':J (V. ' ....... ."1 .'~..,..-.....-...