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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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PENNA.
LAWRENCE,M...COONEY
. Plaintiff
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,~ENNIFERA.. COONEY
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...Defendant
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DECREE IN
D I V 0 R C E .....t ,o:~oA.~.
AND NOW, ....',. ,t:?~..'.,...,.., 19 !.~,.. it is ordered and
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decreed that.... Lawrence. M-.. .Cooney...........".........., plaintiff,
and. . . . . J.enoif,er. A,.. .Cooney. ., . , . . . . . . . . . . . . , , , . . . . . . . , . " defendant,
are divorced from the bonds of matrimony,
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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,'l'be. ,parties ~. September. .9, . 1.9.9B. Marria.ge. Settlement. .Agreement. .is
.hereby. incorpora ted . but.. .not. ,merged. into. ' decree.' . . . . . . . . . . .
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DIANE G, RADCLIFF
3448 TRINDLE ROAO
CAMP HILL, PA 17011
17171737-0100
settling fully and finally their respective financial and property
rights and obligations as between each other including, without
limitation by specification: the settling of all matters between
them relating to the ownership and equitable distribution of real
and personal property; the settling of all matters between them
relating to the past, present and future support, alimony and/or
maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in
general, the settling of any and all claims and possible claims by
one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and mutual
promises, covenants and undertakings hereinafter set forth and for
other good and valuable consideration, receipt of which is hereby
acknowledged by each of the parties hereto, WIFE and HUSBAND, each
intending to be legally bound hereby, covenant and agree as
follows:
1. INCORPORATION OF PREAMBLE:
The recitals set forth in the Preamble of this Agreement
are incorporated herein and made a part hereof as if fully set
forth in the body of the Agreement,
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS:
This Agreement shall not be considered to affect or bar
the right of HUSBAND and WIFE to an absolute divorce on lawful
grounds if such grounds now exist or shall hereafter exist or
to such defense as may be available to either party,
This
Agreement is not intended to condone and shall not be deemed
to be condonation on the part of either party hereto of any
act or acts on the part of the other party which have
occasioned the disputes or unhappy differences which have
occurred or may occur subsequent to the date hereof.
Page 2 of 23
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
17171737.0100
3 . DIYORClLDE.CREE.l.
The
parties
acknowledge
that
their marriage
is
irretrievably broken and that they will secure a mutual
consent no-fault divorce decree in the above captioned divorce
action. As soon as possible under the terms of said Divorce
Code, the parties shall execute and file all documents and
papers, including affidavits of consent and Waiver of Notice
forms, necessary to finalize said divorce,
If either party
fails or refuses to finalize said divorce or execute and file
the documents necessary to finalize the divorce, said failure
or refusal shall be
considered a material breach of this
Agreement and shall entitle the other party at his or her
option to terminate this Agreement,
4, EFFECT OF DIVORCE DECREE:
Unless otherwise specifically provided herein, this
Agreement shall continue in full force and effect after such
time as a final Decree in Divorce may be entered with respect
to the parties,
5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE:
The terms of this Agreement shall be incorporated into
any Divorce Decree which may be entered with respect to them,
6, NON-MERGER.:.
This Agreement shall not merge with the Divorce Decree,
but rather, it continues to have independent contractual
significance and each party maintains their contractual
remedies as well as court remedies as the result of the
aforesaid incorporation or as otherwise provided by law or
statute,
Page 3 of 23
DIANE Q, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(7171737,0100
7, DATE_OZ-EXEQUTION:
The "date of execution" or "execution date" of this Agreement
shall be defined as the date of execution by the party last
executing this Agreement,
8 . D.IS.TRIBl1'l'ION-DATa:.
The transfer of property, funds and/or documents provided
for herein shall only take place on the "distribution date"
which shall be defined as the date of execution of this
Agreement unless otherwise specified herein,
9. VOLUNTARLEXECUTIOH-ANlL.EAIRNESS OF AGREEMEN'l'.l.
Each party acknowledges that this Agreement has been
entered into of his or her own volition, with full knowledge
of the facts and full disclosure of their separate and joint
estates, and that each believes this Agreement to be
reasonable
under
the
circumstances,
Further,
WIFE
acknowledges that she has been advised of her right to be
advised by an attorney of her own choosing prior to entering
into this Agreement and that she has sought and received said
advice from independent legal counselor has voluntarily
decided not to retain such counsel, and further acknowledges
that she accepts said Agreement and that said acceptance is
not based on any advice or representation made by HUSBAND'S
counsel, Diane G, Radcliff, Esquire, nor has any such advice
and/or representation been given to WIFE by said counsel,
10, FINANCIAL DISCLOSURE:
The parties confirm that each has relied on the
substantial accuracy of the financial disclosure of the other,
as an inducement to the execution of this Agreement and each
party acknowledges that there has been a full and fair
Page 4 of 23
DIANE Q, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
17171737-0100
disclosure of the parties' marital assets which has been
provided to each party,
11 , IUliCLOS.'l1RILANDJlAI:\lER-QF-ERQCEIlURAL_RI.GH'l'S.l.
Each party understands that he or she has the right to
obtain from the other party a complete inventory or list of
all of the property that either or both parties own at this
time or owned as of the date of separation, and that each
party has the right to have all such property valued by means
of appraisals or otherwise, Both parties understand that they
have the right to have a court hold hearings and make
decisions on the matters covered by this Agreement,
Both
parties understand that a court decision concerning the
parties' respective rights and obligations might be different
from the provisions of this Agreement,
Each party hereby acknowledges that this Agreement is
fair and equitable, that it adequately provides for his or her
needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue
influence exercised by either party upon the other or by any
other person or persons upon either party,
Given said understanding and acknowledgment, both parties
hereby waive the following procedural rights:
a. The right to obtain an inventory and appraisement of all
marital and separate property as defined by the
Pennsylvania Divorce Code,
b. The right to obtain an income and expense statement of
the other party as provided by the Pennsylvania Divorce
Code, except in instances where said income and expense
statement is hereafter required to be filed in any child
Page 5 of 23
support action or in any other proceedings pursuant to an
order of court,
c, The right to have any discovery as may be permitted by
the Rules of Civil Procedure, except discovery arising
out of a breach of this Agreement, out of any child
support action, or out of any other proceedings in which
discovery is specifically ordered by the court,
d. The right to have the court determine which property is
marital and which is non-marital, and
distribute between the parties that property
court determines to be marital,
equitably
which the
e. The right to have the court decide any other rights,
remedies / privileges, or obligations covered by this
Agreement, including, but not limited to, possible claims
for divorce, spousal support, alimony, alimony pendente
lite (temporary alimony), and counsel fees, costs and
expenses,
12. PERSONAL PRQEE~
HUSBAND and WIFE do hereby acknowledge that they have
previously agreed to a division of their tangible personal
property including, but without limitation, jewelry, clothes,
furniture, furnishings, rugs, carpets, household equipment and
appliances, tools, pictures, books, works of art and other
personal property,
Hereafter WIFE agrees that all of the
property previously agreed to be distributed to HUSBAND shall
be the sole and separate property of HUSBAND; and HUSBAND
agrees that all of the property previously agreed to be
distributed to WIFE shall be the sole and separate property of
WIFE,
The parties do hereby specifically waive, release,
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737,0100
Page 6 of 23
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
1717)737'0100
renounce and forever abandon whatever claims, if any, he or
she may have with respect to the above items which shall
become the sole and separate property of the other,
13 , AETER.:,ACQUIRED_ERO.EER'l'.Y_t
Each of the parties shall hereafter own and enj oy,
independently of any claim or right of the other, all
property, tangible or intangible, real, personal or mixed,
acquired by him or her, since February 23, 1998, the date of
the parties' marital separation being the date of the filing
of the divorce complaint in the above captioned action with
full power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes, as though
he or she were unmarried and each party hereby waives,
releases, renounces and forever abandons any right, title,
interest and claim in and to said after acquired property of
the other party pursuant to the terms of this paragraph,
14. DIVISION OF VElUCLEB-:.
With respect to the vehicles owned by one or both of the
parties, they agree as follows:
a. 1995 Nissan Maxima, acquired by WIFE during the marriage
with her pre-marital funds, shall be the sole and
exclusive property of WIFE,
b, 1993 Volvo 850, acquired by HUSBAND prior to the date of
the marriage, shall be the sole and exclusive property of
HUSBAND,
The titles to said vehicles shall be executed by the
parties, if appropriate, for effectuating transfer as herein
provided on the date of execution of this Agreement and said
executed titles shall be delivered to the proper party on the
Page 7 of 23
DIANE Q, RADCLIFF
3448 TAINDLE ROAD
CAMP HILL, PA 17011
(717)737'0100
distribution date,
For purposes of this Paragraph the term
"title" shall be deemed to include "power of attorney" if the
title to the vehicle is unavailable due to financing
arrangements or otherwise,
In the event any vehicle is
subject to a lien or encumbrance the party receiving said
vehicle as his or her property shall take it subject to said
lien and/or encumbrance and shall be solely responsible
therefor and said party further agrees to indemnify, protect
and save the other party harmless from said lien or
encumbrance,
Each of the parties hereto does specifically
waive, release, renounce and forever abandon whatever right,
title and interest they may have in the vehicles that shall
become the sole and separate property of the other pursuant to
the terms of this Paragraph,
15. DIVISION OF REAL-E~
The parties are the joint owners of a certain tract of
real estate with improvements situate thereon known and
numbered as 485 Woodcrest Drive, Mechanicsburg, Pennsylvania,
Said real estate has an approximate value of $230,000,00 and
is encumbered by a mortgage to Fleet Mortgage Company having
an approximate balance of $160,000,00, The real estate was
owned by HUSBAND prior to the date of the marriage and was
transferred into the joint names of the parties at or shortly
after the marriage, With respect to the real~he
parties agree as follows: J:s1: (lUl) ,aJ ~
a, Upon WIFE'S receipt of the payment of $aQ,eee,ee from
HUSBAND, WIFE shall make, execute and deliver all
documents in the usual form conveying, transferring and
granting to HUSBAND all of WIFE'S right, title and
Page 8 of 23
interest in and to the real estate situate and known as
485 Woodcrest Drive, Mechanicsburg, Pennsylvania, and
upon said transfer WIFE shall specifically waive,
release, renounce and forever abandon all her right,
title and interest therein,
b, The said conveyance shall be free of all liens and
encumbrances except the lien of the existing mortgage and
shall be under and subject to any covenants and
restrictions of record,
HUSBAND shall hereinafter be
c,
solely responsible for the payment of the said mortgage,
and shall indemnify, protect and save WIFE harmless
therefrom, it being understood and agreed that the
mortgage was obtained by HUSBAND prior to the date of the
parties' marriage and is carried in his sole ~~and
therefore WIFE has no liability thereunder. ~ar 7~
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HUSBAND shall pay WIFE the sum of "$:;'tf, aea, 00 for her
interests in the real estate and other marital assets
being distributed pursuant to the terms of this
Agreement, Said payment shall be made fifteen (15) days
prior to WIFE'S closing on her purchase of a home but in
no event any later than six (6) months from the date of
this Agreement, The financing for said payment shall be
obtained by HUSBAND by way of his securing a home equity
loan which shall be a lien against the Real Estate, WIFE
shall cooperate with HUSBAND in transferring the Real
Estate into HUSBAND'S sole name so as to enable him to
obtain the home equity loan financing for said payment
within such a time and in such a fashion so that
concurrently wi th the closing of that financing, WIFE
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(7171737-0100
Page 9 of 23
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DIANE G, RADCLIFF
3448 TRINDlE ROAD
CAMP Hill, PA 17011
(717)737,0100
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shall transfer her
interests in the real e'
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shall make the $"~, '
HUSBAND and HUSBAND
aforesaid, To facilitate the foregoing, it is understood
and agreed that WIFE shall deliver the executed
conveyancing deed to HUSBAND'S attorney or before the
date of HUSBAND'S closing on the said financing, which
deed shall be held in escrow by HUSBAND'S attorney and
shall not be recor~d
distribution of the
sing is completed and
ent aforesaid is made
to WIFE.
d, WIFE shall have a reasonable period of time not to exceed
six months to find alternative housing before she shall
be required to vacate the real estate, This time period
may be extended based on mutual
EAClLEARTY RETAINS OWN PENSIO
Each of the parties
waive, release,
renounce and forever abandon all of their right, title,
interest or claim, whatever it may be, in any Pension Plan,
Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan,
Stock Plan, Tax Deferred Savings Plan, IRA Account or Plan
and/or any employee benefit plan of the other party, whether
acquired through said party's employment or otherwise, and
hereafter said Pension Plan, Retirement Plan, Savings Plan,
Tax Deferred Savings Plan and/or any employee benefit plan
shall become the sole and separate property of the party in
which name or through whose employment said plan is carried.
With respect to the foregoing it is understood and agree
that the following distributions shall apply:
a. Distribution to HUSBAND:
Page 10 of 23
1. HUSBAND'S pre-marital Charles schwab IRJ\ account
having an estimated value of $45,000,00;
2 .
HUSBAND'S marital InSource IRA/401K type plan
having an estimated value of $4,000,00
b. Distribution to WIFE:
17,
1, WIFE'S pre-marital Travelers and Lincoln National
Annuity having an estimated value of $60,000,00
IllYISION OF BANlLAC.QOllN'l'.S/..s.'ro.CKLLIFE INS!1RANCE.:.
The parties acknowledge and agree that they have
previously divided to their mutual satisfaction all of their
bank accounts, certificates of deposit, bonds, shares of
stock, investment plans and life insurance cash value and
hereafter WIFE agrees that all said bank accounts,
certificates of deposit, IRA accounts, bonds, shares of stock,
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investment plans and life insurance cash value in the ,
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possession of HUSBAND shall become the sole and separate I
property of HUSBAND; and HUSBAND agrees that all the said i
bank accounts, certificates of deposit, IRA accounts, bonds,
shares of stock, investment plans and life insurance cash
value in the possession of WIFE shall become the sole and
separate property of WIFE,
Each of the parties does
specifically waive, release, renounce and forever abandon
whatever right, title, interest or claim, he or she may have
in any bank account, certificates of deposit, IRA accounts,
bonds, shares of stock, investment plans and life insurance
cash value that is to become the sole and separate property of
the other pursuant to the terms hereof,
With respect to the foregoing it is understood and agreed
that the following distributions shall apply:
DIANE Q, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
1717) 737-0100
Page 11 of 23
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DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737,0100
a. HUSBAND'S premarital Charles Schwab stock account having
an estimated value of $5,000,00 shall be distributed to
HUSBAND,
b, WIFE'S pre-marital Charles Schwab stock account and any
other stocks and bonds and money market accounts held in
her individual name having an estimated value of between
$20,000,00 and $35,000,00 shall be distributed to WIFE;
c, The parties' respective individually held CoreStates
checking and savings accounts shall be distributed to the
party in whose name the account is held, It is estimated
that as of the date of the filing of this action WIFE'S
accounts had an estimated value of $2,000,00 and
HUSBAND'S accounts had an estimated value of $4,000,00,
18. WAIVER OF INTEREST IN BUSINE~
The parties acknowledge that each party is the owner, in
pert or in whole, either individually or as a stock holder, of
a separate consulting business,
It is further acknowledged
that said businesses have no real tangible value subject to
distribution between the parties since they do not have many
fixed assets and all good will emanates from the professional
good will resulting from the party's personal professional
reputation and not from any general reputation as a going
concern,
Each of the parties, therefore, does specifically
waive, release, renounce and forever abandon any right, title,
interest and claim, if any, either party may have in and to
the business or business interest owned by the other party,
19, WAIVER OF INHERITANCE:
Each of the parties hereto does specifically waive,
release, renounce and forever abandon any right, title,
Page 12 of 23
DIANE G, RADCLIFF
3448 TRINDlE ROAD
CAMP Hill, PA 17011
17171737,0100
interest and claim, if any, either party may have in and to
any inheritance of any kind or nature whatsoever previously or
in the future received by the other party,
2 0 . l'llFE_'_S....DEB'l'S_1.
WIFE represents and warrants to HUSBAND that since the
parties' marital separation she has not contracted or incurred
any debt or liability for which HUSBAND or his estate might be
responsible and WIFE further represents and warrants to
HUSBAND that she will not contract or incur any debt or
liability after the execution of this Agreement, for which
HUSBAND or his estate might be responsible,
WIFE shall
indemnify and save HUSBAND harmless from any and all claims or
demands made against him by reason of debts or obligations
incurred by her,
21. HUSBAND'S DEBTS:
HUSBAND represents and warrants to WIFE that since the
parties' marital separation he has not contracted or incurred
any debt or liability for which WIFE or her estate might be
responsible and HUSBAND further represents and warrants to
WIFE that he will not contract or incur any debt or liability
after the execution of this Agreement, for which WIFE or her
estate might be responsible, HUSBAND shall indemnify and save
WIFE harmless from any and all claims or demands made against
her by reason of debts or obligations incurred by him,
22. MARITAL DE~
During the course of the marriage, HUSBAND and WIFE have
incurred certain bills and obligations and have amassed a
variety of debts,
and it is hereby agreed, without
Page 13 of 23
ascertaining for what purpose and to whose use each of the
bills were incurred, the parties agree as follows:
a. WIFE shall be solely responsible for the following bills
and debts:
1. Any credi t card accounts / loans and other debts
held in WIFE/S sole name.
b. HUSBAND shall be solely responsible for the following
bills and debts:
1. Any credi t card accounts / loans and other debts
held in HUSBAND' S sole name, including but not
limited to HUSBAND' S CoreStates debt having an
approximate balance of $10/000,00
Each party agrees to hold the other harmless from any and
all liability which may arise from the aforesaid bills which
pursuant to the terms herein are not the responsibility of the
other party, Any joint debt shall be canceled so that neither
party can make any further charges thereunder and if said
charges are made in violation of this Agreement than the party
incurring said charge shall immediately repay the same,
Any liability not disclosed in this agreement shall be
the sole responsibility of the party who has incurred or may
hereafter incur it, and the party incurring or having incurred
said debt shall pay it as it becomes due and payable, From
the date of this Agreement, each party shall only use those
credit card accounts or incur such further obligations for
which that party is individually and solely liable and the
parties shall cooperate in closing any remaining accounts
which provide for joint liability,
DIANE G, RADCLIFF
3448 TRINDlE ROAD
CAMP Hill, PA 17011
1717} 737,0100
Page 14 of 23
23. BANKRU~T~Y:
The parties hereby agree that the provisions of this
Agreement shall not be dischargeable in bankruptcy and
expressly agree to reaffirm any and all obligations contained
herein,
In the event a party files such bankruptcy and
pursuant thereto obtains a discharge of any obligations
assumed hereunder, the other party shall have the right to
terminate this Agreement in which event the division of the
parties I marital assets and all other rights determined by
this Agreement shall be subject to court determination the
same as if this Agreement had never been entered into,
24. ~lLRE'I'.URNB.:.
The parties have heretofore filed joint federal and state
returns, Both parties agree that in the event any deficiency
in federal, state or local income tax is proposed, or any
assessment of any such tax is made against either of them,
each will indemnify and hold harmless the other from and
against any loss or liability for any such tax deficiency or
assessment therewith, Such tax, interest, penalty or expense
shall be paid solely and entirely by the individual who is
finally determined to be the cause of the misrepresentations
or failures to disclose the nature and extent of his or her
separate income on the aforesaid joint returns,
25. EIN~L EOUITABLE DISTRIBUTION OF PROPERTY:
The parties agree that the division of all property set
forth in this Agreement is equitable and in the event an
action in divorce is commenced, both parties relinquish the
right to divide said property in any manner not consistent
with the terms set forth herein,
It is further the intent,
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737,0100
Page 15 of 23
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DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737,0100
understanding and agreement of the parties that this Agreement
is a full, final, complete and equitable property division.
WAI.V..ElLOE-ALIMONY.,J~USAL_S.UP.E.QRT-ANlLQO.5'l'S.J.
The parties hereto agree and do hereby waive any right
and/or claim they may have, both now and in the future,
against the other for alimony, alimony pendente lite, spousal
support, maintenance, counsel fees and costs,
HEAL'I'ILJ:NB.lIRANCE.J.
HUSBAND shall continue to provide health insurance
coverage on WIFE as it exists as of the date of this Agreement
until the date of the entry of a decree in divorce between the
parties, Thereafter WIFE shall be entitled to continued COBRA
coverage under HUSBAND'S health insurance policy as provided
for by law provided that she pays the costs of said coverage
in a timely fashion,
EERSONAL RIGHTS.
live
shall, at all times hereafter,
They shall be free from any control,
or authority, direct or indirect, by
er in all respects as fully as if they were unmarried.
HUSBAND and
the
They may reside at such place or places as they may select.
Each may, for his or her separate use or benefit, conduct,
carryon and engage in any business, occupation, profession or
employment which to him or her may seem advisable. HUSBAND
and WIFE shall not molest, harass, disturb or malign each
other or the respective families of each other nor compel or
attempt to compel the other to cohabit or dwell by any means
or in any manner whatsoever with him or her,
Page 16 of 23
27. MU'I-UAL_REI.EASES.1.
HUSBAND and WIFE each do hereby mutually remise, release,
quitclaim and forever discharge the other and the estate of
such other, for all time to come, and for all purposes
whatsoever, of any from any and all rights, title and
interests, or claims in or against the property (including
income and gain from property hereafter accruing) of the other
or against the estate of such other, of whatever nature and
wheresoever situate, which he or she now has or at any time
hereafter may have against such other, the estate of such
other or any part thereof, whether arising out of any former
acts, contracts, engagements or liabilities of such other or
by way of dower or curtsey, or claims in the nature of dower
or curtsey or widow's or widower's rights, family exemption
or similar allowance, or under the intestate laws, or the
right to take against the spouse's will; or the right to treat
a lifetime conveyance by the other as testamentary, or all
other rights of a surviving spouse to participate in a
deceased spouse's estate, whether arising under the laws of
(a) the Commonwealth of pennsylvania, (b) State, Commonwealth
of territory of the united States, or (cl any other country,
or any rights which either party may have or at any time
hereafter have for past, present or future support or
maintenance, alimony, alimony pendente lite, counsel fees,
equitable distribution, costs or expenses, whether arising as
a result of the marital relation or otherwise, except, any
only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof, It is
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717)737,0100
Page 17 of 23
the intention of HUSBAND and WIFE to give to each other by the
execution of this Agreement a full, complete and general
release with respect to any and all property of any kind or
nature, real, personal or mixed, which the other now owns or
may hereafter acquire, except and only except all rights and
agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any
provisions thereof,
28. WAIVER OR MODIEICA~ON TO BE IH-WR~
No modification or waiver of any of the terms hereof
shall be valid unless in writing and signed by both parties
and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or
similar nature,
29 , MUTUAL COOPERA~ONJ..
Each party shall, at any time and from time to time
hereafter, take any and all steps and execute, acknowledge and
deliver to the other party, any and all further instruments
and/or document that the other party may reasonably require
for the purpose of giving full force and effect to the
provisions of this Agreement,
30 . AGREID<lENT BINDIlliLON HEIRS:
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns,
31,~
This Agreement constitutes the entire understanding of
the parties and supersedes any and all prior agreements and
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717)737,0100
Page 18 of 23
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negotiations between them, There are no representations or
warranties other than those expressly set forth herein,
32, O.THEIU10_C_l1MENTA'l'ION.:,
WIFE and HUSBAND covenant and agree that they will
forthwith (and within at least twenty (20) days after demand
therefor) ,
execute any and all
written
instruments,
assignments, releases, satisfactions, deeds, notes, stock
certificates, or such other writings as may be necessary or
desirable for the proper effectuation of this Agreement, and
as their respective counsel shall mutually agree should be so
executed in order to carry out fully and effectively the terms
of this Agreement,
33. NO WAnlER OF DEFAUL'l'..t
This Agreement shall remain in full force and effect
unless and until terminated under and pursuant to the terms of
this Agreement, The failure of either party to insist upon
strict performance of any of the provisions of this Agreement
shall in no way affect the right of such party hereafter to
enforce the same, nor shall the waiver of any subsequent
default of the same or similar nature, nor shall it be
construed as a waiver of strict performance of any other
obligations herein,
34, BREACH:
If for any reason either HUSBAND or WIFE fails to perform
his or her obligations owed to or for the benefit of the other
party and/or otherwise breaches the terms of this Agreement,
then the other party shall have the following rights and
remedies, all of which shall be deemed to be cumulative and
not in the alternative, unless said cumulative effect would
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(7171737,0100
Page 19 of 23
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(7171737,0100
have an inconsistent result or would result in a windfall of
the other party,
a, the right to specific performance of the terms of this
Agreement, in which event the non-breaching party shall
be reimbursed for all reasonable attorney I s fees and
costs incurred as the resul t of said breach and in
bringing the action for specific performance,
b. the right to damages arising out of breach of the terms
of
this Agreement,
which damages
shall
include
reimbursement of all attorney's fees and costs incurred
as the result of the breach and in bringing the damage
action,
c. the right to all remedies set forth in Section 3502(e) of
the Pennsylvania Divorce Code, 23 Pa, C.S,A, 3502(e), an
any additional rights and remedies that may hereafter be
enacted by virtue of the amendment of said Section or
replacement thereof by any other similar laws, which
remedies shall include, but not limited to:
1, the entry of judgment;
2. the authorization of the taking and seizure of
goods and chattels and collection of rents and
profits of real and personal and tangible and
intangible property;
3. the award of interest on any unpaid installment;
4. the transfer and sale of any property required to
obtain compliance with the obligations undertaken
by this Agreement;
Page 20 of 23
5,
the posting of security to insure future payments
to
compliance
the
obligations
assure
with
undertaken by this Agreement;
6, the issuance of attachment proceedings and the
holding of the breaching party to be in contempt
and the making of appropriate order therefor
including, but not limited to, commitment of the
breaching party to county jail for a period not to
exceed six (6) months,
the award of counsel fees and costs,
7,
8. the attachment of the breaching party's wages.
d. Any other remedies provided for in law or in equity,
35. LAW OF PENNSYLVANIA 1I.EELICABLE..:..
This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania,
36. SEVERABILITY:
If any term, condition, clause or provision of this
Agreement 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 Agreement shall remain valid and
continue in full force, effect and operation, Likewise, the
failure of either party to meet his or her obligations under
this Agreement under anyone or more of the paragraphs
hereunder, with the exception of the satisfaction of a
condition precedent, shall in no way avoid or alter the
remaining obligations of the parties,
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
Page 21 of 23
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37 . HEADINGSJroLPART-O.F-AGREEMEN'X-.:.
Any headings preceding the text of the several paragraphs
and subparagraphs hereof, are inserted solely for convenience
of reference and shall not constitute a part of this Agreement
nor shall they affect its meaning, construction or effect,
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BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWL~DGES HAVING READ
AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE
PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written,
WITNESS:
11)/1/ ~
(SEAL)
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DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(7171737,0100
Page 22 of 23
COMMONWEALT~ OF PENNSYLVANIA
COUNTY OF .Ulltll'l)/,v SS,
On this the /6 yt.. day of .k/)(J..L ,19 '6 , before me
the undersigned officer, personafly appeared, JENNIFER A, COONEY,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Agreement / and acknowledged that
JENNIFER A, COONEY executed the sam!o! for the purposes therein
contained,
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal,
NOTARIAL Sl:Al
NANCY E, ROACH, Notary Public
Horrhburo, Dauphin County, PA
My CommlnJon Ekplrel Jon. 29, 2001
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NOT1\: Y PUBLIC / /
My Commission Expires: //:1:; j.J/
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS,
On this the g'U\.,day of &-P~b-vr.-, 19 <JS' ,before me
the undersigned officer, personally appeared, LAWRENCE M, COONEY,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Agreement, and acknowledged that
LAWRENCE M, COONEY executed the same for the purposes therein
contained,
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal,
?1~P2L:~
DIANE G, RADCLIFF
3448 lRINDLE ROAD
CAMP HILL, PA 17011
17171737,0100
ission Expires:
tJoI,"Hi1! Senl 1
!nmmy J. F:J:I~.I":IJI)' PuIJIIc:
M.lrJdr'.ltl.'wn Ur,f,l, D~u,.hln r.~unly J
M~ Ccrr:mic;r:lon EX[Jl((.r, Stir,!. 21, 1993
M~.m:....'f'. P(j(1.15'j.vJrj,1/'U:'''~i1i!):l of t.J.:t.:.1f.c'i
Page 23 of 23
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PEIlNSYLVANIA
LAWRENCE M, COONEY
Plaintiff
v,
NO, 98-987 civil Term
JENNIFER A, COONEY
Defendant
CIVIL ACTION - LAW
DIVORCE
PRAECIPE OF 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 of filing and manner of service of the complaint:
a, Date: February 23, 1998
b, Manner: Acceptance of Service
3. Date of execution of the affidavit of consent required by Section 3301
(c) of the Divorce Code:
a, Plaintiff: September 9, 1998
b, Defendant: September 16, 1998
OR
Date of execution of the Plaintiff' s affidavit required by Section
3301(d) of the Divorce Code and date of service of the Plaintiff's 3301
(d) affidavit upon the Defendant:
a, Date of execution: nla
b, Date of filing: nla
c, Date of service: nl a
4, Related claims pending:
No issues are pending, All issues have been resolved pursuant to the
Marriage Settlement Agreement between the parties dated September 9, 1998
which Agreement is to be incorporated into but not merged with the
Divorce Decree,
5. Date and manner of service of the Notice of Intention to file Praecipe
to Transmit Record, a copy of which is attached, if the decree is to be
entered under Section 3301(d) (1) (i) of the Divorce Code:
a, Date of Service: nla
b, Manner of Service: nla
Date Waiver of
Prothonotary:
a, Plaintiff's
b, Defendant's
OR
Notice in Section 3301 (c) Divorce was filed with the
Waiver:
Waiver:
September 9, 1998 ~,~-------.". ')
September :L6.,_D198 "_
-- \
DIANE G, CLIFF-,-ES
......lJtj Tr1nn1'e- oad
\~ Hill, .~. 17011
Supreme-Court ID # 32112
Phone: (717) 737-0100
Fax: (717) 975-0697
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LAWRENCE M, COONEY
Plaintiff
v.
NO. q r - (IS' 'J 0..~.J-C,-,
CIVIL ACTION - LAW
DIVORCE
JENNIFER A. COONEY
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff, You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A
list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE O~' 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 C,~ GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
DIANE G, RADCLIFF
344BTRINDLE ROAD
CAMP HILL, PA 17011
(717) 737.0100
"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LAWRENCE M. COONEY
Plaintiff
v.
NO, (J f, '/ S' 7 e,~(.(l '0.....
CIVIL ACTION - LAW
DIVORCE
COMPLAINT
JENNIFER A. COONEY
Defendant
AND NOW, this ~ay of February 1998, comes the Plaintiff,
LAWRENCE M. COONEY, by his attorney, DIANE G. RADCLIFF, ESQUIRE,
and files this Complaint in Divorce of which the following is a
statement:
COUNT I: DIVORCE
1. The Plaintiff is LAWRENCE M. COONEY, an adult individual
residing at 485 Woodcrest Drive, Mechanicsburg, Pennsylvania,
since 1992,
2. The Defendant is JENNIFER A. COONEY, an adult individual
residing at 485 Woodcrest Drive, Mechanicsburg, Pennsylvania,
since 1995.
3. Plaintiff and/or Defendant have been bona fide residents of
the Commonwealth for at least six (6) months previous to the
filing of this Complaint.
4. Plaintiff and Defendant were married on June 6, 1995 at
Middleburg, Virginia.
5. There have been no prior actions of divorce or annulment
between the parties.
- 2-
6, Plaintiff has been advised of the availability of counseling
and the right to request that the Court require the parties to
participate in counseling.
7, The Defendant is not a member of the Armed Services of the
United States or any of its Allies.
8, The Plaintiff avers that the grounds on which the action is
based are:
a. That the marriage is irretrievably broken;
Or in the alternative,
b. That the parties are now living separate and apart, and
at the appropriate time, Plaintiff will submit an
Affidavit alleging that the parties have lived separate
and apart for at least two (2) years and that the
marriage is irretrievably broken.
WHEREFORE, Plaintiff requests this Honorable Court to enter a
decree in divorce, divorcing the Plaintiff and Defendant.
i
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COUNT II: EQUITABLE DISTRIBUTION
9. Paragraphs 1 through 8 are incorporated by reference hereto as
fully as though the same were set forth at length.
10. Plaintiff and Defendant have acquired property and debts, both
real and personal, during their marriage from June 6, 1995
until the date of separation, all of which is "marital
property".
11, Plaintiff and/or Defendant have acquired, prior to the
marriage or subsequent thereto, "non-marital property" which
has increased in value since the date of marriage and/or
DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(7171737,0100
- 3 -
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subsequent to its acquisition during the marriage, which
increase in value is "marital property".
12, Plaintiff and Defendant have been unable to agree as to an
equitable division of said property as of the date of the
filing of this Complaint,
Respectfully submitted,
WHEREFORE, Plaintiff requests this Honorable Court to
equitably divide all marital property and debts of the parties.
,
CI
, PA 17011
-0100
Attorney for Plaintiff
I.D. No. 32112
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3448 TRINDlE ROAD
CAMP Hill, PA 17011
(717) 737.0100
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IN THE COURT OP COMMON PLEAS OP
CUMBERLAND COUNTY, PENNSYLVANIA
LAWRENCE M, COONEY
Plaintiff
v.
NO, 98-987 civil Term
CIVIL ACTION - LAW
DIVORCE
JENNIPER A, COONEY
Defendant
AEF-IDAV.1LOE-CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on pebruary 23, 1998,
The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing and service of the Complaint,
3, I consent to the entry of a final Decree in Divorce after
1.
2 ,
service of notice of intention to request entry of the decree,
I verify that the statements made in this Affidavit are true
and correct,
I understand that false statements herein are made
subject to the penalties of 18 Pa, C,S, Section 4904 relating to
unsworn falsification to authorities,
Dated: 7~q
LAWREN
DIANE Q, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(7171737,0100
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LAWRENCE M, COONEY
plaint if f
v,
NO, 98-987 Civil Term
JENNIFER A, COONEY
Defendant
CIVIL ACTION - LAW
DIVORCE
~FFIDAVIT OF CONSENT
1, A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on February 23, 1998,
2, The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing and service of 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.
I verify that the statements made in this Affidavit are true
and correct,
I understand that false statements herein are made
subject to the penalties of 18 Pa, C.S. Section 4904 relating to
unsworn falsification to authorities,
Dated:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LAWRENCE M, COONEY
plaintiff
v,
NO, 98-987 Civil Term
CIVIL ACTION - LAW
DIVORCE
JENNIFER A, COONEY
Defendant
WA TVERO_F N.?JTC'E OF TNTF:NTTON TO RF:OtlEST
F:NTRV OF A DTj VORC'F: DEC'RF:F: tlNDER
SF:CTIQN 3301 IG. OF THF: DTVORC'F: C'ODE
1, I consent to the entry of a final decree in divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not
claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree
will be sent to me immediately after it is filed with the
Prothonotary,
I verify that the statements made in this Affidavit are true
and correct, I understand that false statements herein are made
subject to the penalties of 18 Pa,C.S, Section 4904 relating to
unsworn falsification to authorities,
Dated: 'l/i/fA
DIANE G, RADCLIFF
3448 TRINDLE ROAO
CAMP HILL, PA 17011
(717)737-0100
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DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717)737'0100
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LAWRENCE M, COONEY
Plaintiff
v.
NO, 98-987 Civil Term
CIVIL ACTION - LAW
DIVORCE
JENNIFER A, COONEY
Defendant
NADlER OF N01:LCE OF INTENTION TO RROURSX
ENTRY OF A DTVORC~ QRCRRE IrnDRR
SECTION 3301 leI OF TH~ QI~RCE CODR
1, I consent to the entry of a final decree in divorce without
notice,
2, I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not
claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree
will be sent to me immediately after it is filed with the
Prothonotary,
I verify that the statements made in this Affidavit are true
and correct, I understand that false statements herein are made
subject to the penalties of 18 Pa,C,S, Section 4904 relating to
unsworn falsification to authorities,
Dated: 016 vr
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LAWRENCE M, COONEY
plaintiff
v,
NO, 98-987 civil Term
CIVIL ACTION - LAW
DIVORCE
JENNIFER A, COONEY
Defendant
CERTIFICATION OF SOCI~L SECURITY NlnffiERS
In accordance with the Rules of Civil procedure, I, Diane G,
Radcliff, Esquire, Attorney for the plaintiff, hereby certify that
the social security numbers of the parties are as follows:
1-
2.
plaintiff, Lawrence M. Cooney:
Defendant, Jennifer A, Cooney:
163-54-0324.
Unknown,
.,---
Respectfully submitted,
C------.....,
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DIANE G, RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737,0100
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