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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
5THE OF ,~.o PENNA.
KATHRYN t:. COGI.EY,
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98-6632 CIVIL
No.
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VE~SUS
SCOTT R, COGLEY,
Defendant
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DECREE IN
DIVORCE
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AND NOW, :r.,11 <,
. IT IS ORDERED AND
2002
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DECREED THAT KATHRYN E. COGLEY
PLAINTIFF,
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SCOTT R. COGLEY
AND
. DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY. :
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THE COURT RETAINS JURISDICTION OF THE FDLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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The attached Property Settlement Agreement is incorporated but not
merged to the Decree in Divorce.
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PROTHONOTARY
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ctRTIFIED CDPY
KATHRYN E. COGI.EY.
Plaintiff
IN TilE ('( llJRT OF COMMON PLEAS
CUMBERI.ANDCOUNTY. PENNSYLV ANIA
v.
NO. l)X-6632 CIVIl.
scon R. COGLEY.
Dcfcndant
CIVIl. ACTION. DIVORCE
I)RAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the rccord, togcther with thc following infol111ation. to thc Court for entry
of a divorce decree:
I. Grounds for divorce: Irrctricvablc brcakdown undcr Section 3301(c) of the
Divorce Code.
2. Date of service of thc Complaint: November 30, 1998, as evidenced by the
Affidavit of Acceptance of Service, which was filed with the Court on December 15,
1998.
3, Date of execution of the Affidavits of Cons en I. required by Section 3301(c)
of the Divorce Code: by KATHRYN E, COGLEY, Plaintiff, on June 19,2002; by
SCOTT R. COGLEY, Defendant, on June 14,2002; which are being filed
contemporaneously herewith.
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I'IWI'EI{TV SEITLEl\1ENT AGIH:El\1ENT
TillS AGREEMENT,madc this 14" day of :, '-", -,- ,2002, by and
betwccn scorr R. COGLEY, hcrcinaftcr call cd "llusband", and KATlIRYN E, COGLEY,
hcrcinaftcr callcd "Wifc".
WITNESSETH:
WHEREAS, Husband and Wifc wcrc lcgally marricd on April 14, 1984;
WHEREAS, two childrcn wcrc born of this marriage, Dcvon R. Cogley, born April 16,
1987, and Drew S. Cogley, born Decembcr 12, 1990;
WHEREAS, differences havc arisen betwecn Husband and Wifc in conscquenec of which
they desire to live separate and apart from each other; and
WHEREAS, Husband and Wife dcsire to settle and delemline their rights and obligations.
NOW THEREFORE, in consideration of the premises and covenants contained herein, it is
agreed by and between the partics hereto that:
I. SEPARATION.
It shall be lawful for eaeh party at all times hereaftcr to live scparate and apart from each
other at such place as he or she from time to time shall choose or deem fit. The foregoing provision
shall not be taken as an admission on the part of either party ofthe lawfulness or unlawfulness of
the causes leading to thcir living apart,
2. INTERFERENCES.
Each party shall be free from intcrfcrence, authority and control by the other, as fully as if
hc or she were single and unmarried, except as may be necessary to carry out the provisions of this
Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way
harass or malign the other, nor in any other way interfere with the peaceful existence, separate and
apart from the other, Each of the partics hercto completcly understands and agrees that neither shall
do or say anything to the children ofthe parties aL any time which might in any way influcnce the
children advcrsely against the other party.
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3. I>IVISION OF REAL I'IHW~:IHV.
The parties were the owners of a home lue.lled .11 30K Bl,leksmilh Road. Camp I !ill.
Cuml>erland County. Pennsylvania which has !>cen sold. The parties havc equally divided the
equity from the proceeds of the sale with each party receiving approximately $6.835.85.
4. I>IVISION OF I'ERSONAL I'IWI'EIHV.
l11e parties have divided between them to their mutual satisfaction. personal efTecls.
household goods and fumishings and all other articles of personal property whieh have heretofore
been used in common by thcm. and neither party will make any claim to any such items which are
now in the possession or under the control of the other. Should it become necessary. each party
agrees to sign any title or documents necessary to give cfTectto this paragraph. upon request.
5. SVI'I'OIH.
The parties agree that on the date of the execution of this Agreement. the spousal support
portion ($242.38) of the existing Support Order indexed to No. 246 S I 998/PACSES Case No.
352100077 in the Court of Common I'leas. Cumberland County.l'ennsylvania, Domestic Relations
Section, shall be terminated.
With the exception of the deletion of the spousal support, the Child Support Order in this
mallcr shall remain in full force and efTect unless modificd by the court on the application of either
party.
6. ADVANCICD EDUCATION.
Husband currently maintains two accounts for the college education expenses of Devon and
Drew, Dcvon's account is with American Century, account no. 022-000947376, and Drew's
account is with Legg Mason, account no. 363.01124-1-9. The parties agree that these funds will be
used for children's education. The parties agrec that they will share cqually the cost of the college
education expenses for each of their children after the sums referred to above are exhausted.
Husband shall be entitled as a credit on his fifty (50%) percent contribution, for all paymenLs
contributed to the college fund of the children by him after April 1998. The amount contributed to
Devon's account is $3,050.00 and the amount contributed to Drew's account is $650.00.
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Therefore, $3,050.00 ofllusband's finy (50%) percent contribution to Devon's educational
expenses and $650.00 amount of Ilusband's finy (50%) percent contribution to Drew's educational
expenses shall be credited:at the tillle Illonics arc rcquircd to be contributed by the parties hereto.
Prior to the parties making their finy (50%) pcrcent contribution, the childrcn shall apply
for all grants, loans, scholarships or other financial aid to a,sist in thcir college education expenses
and the children shall contribute to the educational expenses themselves in an anlOunt equal to
monies gcnerated by a forty (40) hour minimum wage job during the number of weeks
encompassing the children's summer break from school. College education expenses shall include
room, board, books, tuition and fees only.
7. PENSIONS/40Ik PLAN.
Husband shall retain as his sole and separate property, except as specifically set forth
herein, the rollover of his 40lk plan through GPU,lnc. and his pension plan from GPU,lnc.
Wife shall retain as her sole and separate property, her pension benefits through the
Pennsylvania School Employee's Retirement System and, in addition, Wife shall receive the sum
of $46,903.00 as a rollover from Husband's 40lk plan now hcld in an IRA to an IRA accounL held
by Wife with The Variable Annuity Life Insurance Company (V ALl C), account no. 5555089. This
rollover shall be accomplished without tax consequence to either party and, to the extent possible,
shall be handled by the parties directly with each of their IRA holders. In any event, said amount
shall be rolled over within thirty (30) days of the execution of this Agreement.
8. FEDERAL INCOME TAX EXEMPTIONS.
Each of the parties shall be entitled to claim one of their children as an income tax
exemption. The parties shall agree on which child each shall claim, but in any event, aner one child
is no longer eligible to be claimed, the parties shall alternate the exemption for the youngest child
unLiI that exemption is no longer available.
9. MARITAL DEBTS,
There are no joint debts of the parties existing at the prescnt time. All prior debts of the
parties paid by either party have been taken into account in Lhe equitable distribution set forth in
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this Agreement. Any debts in the individual names of the parties shall continue to be their sole and
separate liability.
10. MOTOI{ VEIIICI.ES.
Ilusband shall retain us his sole and separate property the 1993 Silllb and Wife shall retain
as her sole and separate property Ihe 1996 Taunls. Wife shall be solely responsible for any debt
againslthe vehicle being rctained by her.
II. BANK ACCOUNTS/SAVINGS BONI>S.
All bank accounts of the parties held by them in comlllon have been previously divided.
Husband shall retain any savings bonds in his possession and Wife shall retain any savings bonds in
her possession.
12, MOI>IFICA TION OF CHILI> SUPPORT.
The provisions oflhis Agreemcnl relating 10 child support may be modified or revoked al
any time 10 the discretion of a court of competent jurisdiction, exccpt as 10 any anlOunlthat may
have been accnled prior to the efTective date of any Order of a Court of competent jurisdiction
modifying the provisions of this Agreement.
13. APPLICABILITY OF TAX LAW TO PROPERY TRANSFERS.
The parties hereby agree and express their intent that any transfer of property pursuant to
this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of
property between spouses and former spouses. The parties agree to sign and cause to be filed any
elections or other documents required by the Internal Revenue Service to render the Act applicable
to the transfers set forth in this Agreemcnt without recognition of gain on such transfer and subject
to the carry-over basis provisions of the said Act.
14. BREACH.
If either party breaches any provision of this Agrcement, 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
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righls under this Agreement, or seeking such other remedy or relief lIS mllY he lI\'lIi/lIble to him or
her. The pllrties speciliclllly lIcknowledge thllt lhey arc emit led to utilize the remedies lIS set forth in
Ihe Divorce Code of 1980, as amendcd.
IS. FUI.L D1SCLOSlJJU~.
Ilusband and Wife ellch represcnl and warrant 10 Ihe other that he or she has made a full and
complete disclosure to Ihe other of all assets of lIny nature whatsoever, lInd of 1111 other fllClS relating
to lhe subject matter of this Agreemcnt to which such party may reasonably require 10 make an
informed decision regarding Ihis Agreement.
16. ADDITIONAL INSTRUMENT.
Each of the parties shall on demand execute and deliver 10 Ihe other any deeds, bills of sale,
assignment, consents to change of beneficiary on insurance policies, tax returns and other
documents and do or caused 10 be done any other act or thing that may be necessary or desirable to
the provisions and purposes of this Agreement. If either party fails on demand 10 comply with this
provision, Ihal party shall pay to Ihe other all attomcys' fees, costs and other expenses reasonably
incurred as a result of such failure,
17. WIFE'S QEIITS.
Wife represents and warrants to Husband Ihal since Ihe parties' separation she has not and in
the future she will not contract or incur any debt or liability for which Husband or his estate might
be responsible and 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.
18, HUSBAND'S DEBTS.
Husband represents and warrants to Wife that since the parties' separalion 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 Husband shall indemnify and save Wife harmless from any and all claims or
demands made against hcr by reason of debts or obligations incurred by him.
19. W MVERS OF CI,AIMS AGAINST ESTATES.
Except as otherwise provided herein, each party may dispose of his or her property in any
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way, and each party hereby waives and relinquishes any and all rights he or she may now have ,lr
hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the
estate of the other as a result of the marital relationship, including without limitation, dower, curtsy,
statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of
the other, and right to act as administrator or executor of the other's estate, and each will, to the
request of the other, execute, acknowledge, and deliver any and all instruments which may be
necessary or advisable 10 carry into efTectthis mutual waiver and relinquishment of all such
interests, rights and claims.
20. REPRESENTATION.
It is recognized by the parties hereto that Husband is represcnted by John J. Connelly, Jr.,
Esquire, and Wife is represented by J. Paul Helvy, Esquire. It is fully understood and agreed that
by the signing of this Agreement, each party understands the legal impact of this Agreement and
further acknowledges that the Agreement is fair and reasonable and each party intends to be legally
bound by the tenns hereof.
21. VOLUNTARY EXECUTION.
The provisions of this Agreement are fully understood by both parties and cach party
acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and
that it is not the result of any duress or undue inftucnce.
22. ENTIRE AGREEMENT.
This Agreement contains the enLire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth herein.
23. PRIOR AGREEMENT.
It is understood and agreed that any and all property settlement agreements which mayor
have been executed prior to the date and time of this AgreemenL are null and void and of no effect.
24. MODlFICA TION AND WAIVER.
Any modification or waiver of any provision of this Agreement shall be effective only if
made in writing and executed with the same fonnality as this Agreement. The failure of either
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pany to insist upon strict pcrfonnance of any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of'the sume or similar nature,
25. GOVERNING LAW.
This Agreement shall be governed by and shall be construed in aecordunce with the laws of
the Commonwealth of Pennsylvania.
26, INDEPENDENT SEPARATE COVENANTS.
II is specifically undcrstood and agreed by and between the parties herclo thaI each
paragraph hereof shall be deemed to be a separate and independent eovenunt and agrecment.
27. VOID CLAUSES.
I f any tenn, condition, clause, or provision of this Agreement shall be detcrmincd or
dcclared to be void or invalid in law or otherwise, thcn only that tcrm, condition, clause or
provision shall be strickcn from this Agrecment and in all othcr respects this Agrccmcnt shall be
valid and continue in full force, effect and operation.
28. ENTRY AS PART OF DECREE.
It is the intention of the parties that this Agreement shall survive any action for divorce
which may be instituted or prosecuted by either pany and no order, judgment or decrce of divorce,
temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This
Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final
divorce.
29. DIVORCE ACTION.
The panies shall, at the time of the execution of the Agreement, execute documents
necessary to finalize the divorce action including, but not limited 1.0, the withdrawal of any claims
pending under said action, indexed to number 98.6632 Civil, in the Court of Common Pleas,
Cumberland County, Pennsylvania, as well as Affidavits of Cons en I. and Waivers of Counseling
and Waivers of Notice ofIntention to RequesL Entry of a Divorce Dccree.
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30. DOMESTIC RELATIONS CODE OF TilE COMMONWEALTH OF
rENNSVL VANIA,
Except as specifically provided in this Agreement, each party waives any claim they may
have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania
including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable
distribution of marital property.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have
hereunto scttheir h,mds and seals the day and year first above wrillen.
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KATHRYN E. COGLEY.
Plaintif f
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 18 c,~j)_ ~L~l..~
,
SCOTT R. COGLEY,
Defendant
CIVIL ACTION - DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against
the claims set forth in the fOllowing pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A jUdgment may also be entered
against you for any other claim or relief requested in these papers
by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for 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,
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 LA",YER 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 Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166 or 1-800-990-9108
5. Plaintiff avers that there are children at the partieD
under the age of 18, namely: Devon Rae Cogley (date of birth April
16, 1987) and Drew Scott Cogley (date of birth December 12, 1990).
6, Neither Plaintiff nor Defendant is in the military or
naval service of the United States or its allies within the
provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
7. There have been no other prior actions of divorce or
annulment filed by either of the parties hereto.
8, Plaintiff has been advised of the availability of
counseling and that Plaintiff has the right to request that the
Court require the parties to participate in counseling.
9. The marriage is irretrievably broken.
10, In the alternative, the Plaintiff avers as grounds for
this action that:
(a) the Defendant has committed adultery.
(b) the Defendant has offered such indignities to her, the
injured and innocent spouse, as to render her condition intolerable
and life burdensome.
COUNT I
CLAIM FOR EOUITABLE DISTRIBUTION OF
MARITAL PROPERTY UNDER SECTION 401 OF THE DIVORCE CODE
11, The averments of Paragraphs 1 through 10 are hereby
incorporated by reference thereto.
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12. The Plaintiff and Defendant are the owners of v,)rlOUS
items of property acquired dud"y Lheir marriage which are subject
to equitable distribution by this Court.
COUNT II
CLAIM FOR ALIMONY UNDER SECTION 501 OF THE DIVORCE CODE
13. The averments of Paragraphs 1 through 12 are hereby
incorporated by reference thereto.
14, The Plaintiff believes and avers that she is entitled to
an award of alimony pursuant to the provisions of the Divorce Code.
COUNT III
CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL
FEES COSTS AND EXPENSES UNDER SECTION 502
OF THE DIVORCE CODE
15. The averments of Paragraphs 1 through 14 are hereby
incorporated by reference thereto.
16. The Plaintiff believes and avers that she is entitled to
an award of reasonable alimony pendente lite, counsel fees, costs
and expenses.
17. Defendant is fully well and able to pay Plaintiff alimony
pendente lite, counsel fees, costs and expenses incidental to this
divorce action.
WHEREFORE, the Plaintiff requests the Court enter a Decree:
a. Dissolving the marriage between Plaintiff and
Defendant;
b. Resolving the economic issues raised herein;
VERIFICATION
I hereby verify that the statements of fact made in the
foregoing Complaint in Divorce are true and correct to the best of
my knowledge, information and belief. I understand that any false
statem~nts therein are subject to the penalties contained in 18
Pa.C.S. ~4904. relating to unsworn falsification to authorities.
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Kathryn E. gley
C-:;k:r,y' /;j/~/9g
Dated: November 15, 1998
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KATHRYN E. COGLEY,
PlaintilT
: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
v.
: NO,lJll.6632 CIVIL
SCOTI' R. COGLEY,
Defendant
: CIVIL ACTION. LAW
: IN DIVORCE
DEFENDANT'S AFFIDA VIT OF CONSENT
ANI) WAIVER OF COUNSELING
J. A Complaint in Divorce under Section 3301(e) of the Divorce Code was filed on
November 20, 1998,
2. The marriage of the PlaintilT and Defendant is irretrievably broken, and ninety days
have elapsed from the date ofbolh the filing and service of the Complaint.
3. I consent to the entry ofa final decree of divorce afier service of Notice of Intention
to request entry of the Decree.
4. 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 arc made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date: G 11\.//01-
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KATHRYN E, COGLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 98-6632 CIVIL
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SCOTT R. COGLEY,
Defendant
CIVIL ACTION - DIVORCE
ORDER
AND NOW, this __ day of
1999, in
consideration of Plaintiff's MOTION TO COMPEL DEFENDANT'S ANSWERS
TO INTERROGATORIES AND RESPONSES TO REQUEST FOR PRODUCTION OF
DOCUMENTS, attached hereto, it is hereby ordered that Defendant,
SCOTT R. COGLEY, will provide Plaintiff with answers to
Interrogatories and responses to Plaintiff's Request for production
of Documents within ten (10) days of this Order, or appropriate
sanctions will be imposed upon application to the Court.
BY THE COURT:
.
WHEREFORE, Plaintiff, KATHRYN E. COGLEY. respectfully requcsts
this Court to enter an order compelling Dcfendant to answer said
Interrogatories and Request for Production of Documents within ten
(10) days of the Court's order compelling such answers.
. 0 ::U:bmiUOd
a aul Helvy, Esquir
ttorney I.D. #5314
Bradley A. Schutje ,
Attorney 1.0. #75954
KILLIAN & GEPHART
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108
(717) 232-1851
Dated: li- \e; _c\C1
Attorneys for Plaintiff
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3. Name any ilnd all financial ill"tit\ltionn at which you have
deponited or withdrawn funds over the l,iHt 12 rnonthG.
ANSWER:
-4 -
4. For each financial account ([nciudinc! but. not limited t.o
silvings, checking, mutual [llncJ:'.1, BLock pIau!,; and retirement
plans) in which you currently have an ownership interest or
which you owned or had an interest in over the last year,
please provide:
a) the name of the financial institution in which it is
held;
b) the account number(s) of said account(s);
c) a description of the account, i.e., checking, savings,
mutual fund, stock plan, 401-K, etc.;
d) the month-end balance for each account for the past 12
months.
ANSWER:
-5-
5. ^re you a beneficiary or participant in any pension, profit
sharing,
401-K,
retirement account or other deferred
compensation plan? If so, with respect to each plan state the
following:
the nature and amount of any contributions that you have
made in such plan as of the date of separation and
currently;
b) the nature and amount of any contributions to the plan
made by your employer as of the date of separation and
currently;
a)
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c) the date you began to participate in the plan;
d) the date upon which your benefits in the plan are vested;
e) the amount of vested benefits in the plan as of the date
of separation and currently;
f) the amount of non-vested benefits in the plan as of the
date of separation and currently;
g)
the names of the persons other than yourself who have
information relative to the details and amounts of your
pension plan benefits;
h) Please attach a current statement of all plans to your
answer to these interrogatories;
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i)
Are any of these accounts in payment status?
indicate the monthly amount received.
If so,
ANSWER:
-6-
8. State the name(o). account number(o) and amount (0) owing on
all charge aCCOllnU, owned by YOll individually or jointly with
another person.
ANSWER:
-9'
9. For tJdch piece of redl ,.:;talJ} oWfll.~d by YOll in your own nam(~ or
jointly with ilnother part.y, "t.al.o,':
(1) the locdtioJl;
b) the date of purchase;
c) purchase price;
d) the current market villue;
e) the value as of the date of separation;
f) the total mortgage to which such property is subject;
g) the monthly mortgage payment on each such property;
h) the monthly rental income from each such property, if
applicable;
i)
Your interest, i.e.,
entireties, etc.
sole ownership,
tenants
by
ANSWER:
-10-
11. Identify all penJOnal property owned by you, either
individually or with another, having a value in excess of One
Thousand ($1,000.00) Dollars on the date of separation and
following the date of separation. State when it was acquired
and the source of the funds used to acquire it.
ANSWER:
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-12 -
CERTIFICATE OF SERVICE
I do certify that I served a true and correct copy of the
within document upon the following via fax and by depositing a copy
of aamc in the United StateD mail, poatage prepaid, addressed as
follows:
John J. Connelly, Jr., Esquire
JAMES, SMITH, DURKIN & CONNELLY
P.O. Box 650
Hershey, PA 17033-0650
/
/
. Paul Helvy, Esqu' e
Killian & Gephart
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Dated: 2,;) """"1.9
Attorneys for Plaintiff
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(c) ^ny idell~ i fyin9 llllfnb..r on the document;
(d) f,ny iclenti fying de[li~Jnation for the document;
(e) ^ d"[lcl-iption of t.he document.;
(f) The subject matter of the document;
<g) The name, title, address and telephone number
of each person who wrote: signed, prepared,
dictated, participated ~n preparation of,
created, initialed or otherwise had any func-
tion respecting preparation of the document or
review of the document;
(h) The name, title, address and telephone number
of each addressee on the document as well as
the same for each person receiving a copy of
the document;
(i)
The present location of t~e document
name and address of the custodian
document;
and the
of the
(jl If a document is not an original, the loca-
tion, name and address of the custodian of the
original; and
(k) Any other designation necessary to identify
the document for purposes of obtaining a copy
thereof.
B. The term "documents" when used herein shall mean all
written, typed, printed, recorded or graphic matter of every type
and description, however and by whomever prepared, produced, repro-
duced, disseminated or made, ir: any form, now or formerly in the
possession, custody, or control of the party to whom this Request
is addressed, its officers, agents, employees and attorneys, or any
of them, including, but not limited to letters, correspondence,
telegrams, memoranda, records, minutes of all types of meetings,
contracts, subcontracts, agreements, intra and interoffice communi-
cations, purchase orders, requisitions, plans, studies, summaries,
analyses, results of investigations, reviews, bulletins, proposals,
estimates, appraisals, recommendations, critiques, trip reports,
engineering calculations, bills of materials, drawings, sketches,
blueprints, charts, indices, notices, diaries, books, desk
calendars, appointment books, messages, instructions, work assign-
ments, notes, notebooks, tape recordings, partial or complete
reports of telephone conversations, photographs, slides, public
statements, newspaper or other media releases, public and govern-
2
mental filingn, opiniom;. ilnd illlY otlle,' wdling:1, drilwill'lD 0'.
rccordinHn. I f any document wan, but is nrJ longei', in the
possession of the party lO whom thi s Rcquent in addre:lflcd 01'
subject to <Juch pa,'ty's control, identify th.' dnclImr!l1t.
C. Wilen used herein, the term "perDon" shall mean any indi-
vidual, partnership, joint venture, firm, association, corporation
or business or any governmental or legal entity.
D. When used herein, the term "communication" shall mean any
and all transmissions of information, the information transmitted,
the process by which the information is transmitted and the term
shall expressly be inclusive of all written and oral communica-
tions.
E. When used herein, the terms "relate to", "relating to" or
"in relation to" shall mean constituting, reflecting, repre-
senting, supporting, contradicting, referring to, stating,
describing, recording, noting, embodying, containing, mentioning,
studying, analyzing, discussing, evaluating, or relevant to. As
indicated, the term necessarily includes information which is in
opposition to as well as in support of the position(s) and claim(s}
of the party to whom the Request is addressed.
F. When used herein, the term "reflect" shall mean embody,
contain, record, note, refer to, relate to, describe, be relevant
to, state or mention.
G. When used herein, the term "Plaintiff" shall refer to
KATHRYN E. COGLEY, Plaintiff herein.
H. When used herein, the term "Defendant" shall refer to the
Defendant named herein, SCOTT R. COGLEY, his agents and assigns.
II. General Instructions
A. Whenever a
conjunctive, it shall
versa.
request for documents is framed in the
also be taken in the disjunctive and vice
B.
singular,
Whenever a request for documents is framed in
it shall be taken in the plural, and vice versa.
the
C. The use of any tense of any verb shall be considered also
to include within its meaning all other tenses of the verb so used.
D. All documents produced shall be segregated and identified
by the paragraphs to which they are primarily responsive. Where
required by a particular paragraph of this Request, documents
3
produced shall b" further segre<jatcd alld i dent if ied as indicated in
that paragraph. For allY docUl\IcntD which are stored or maintained in
fil~R in the normal course of buuineDD, ouch documento shall be
produced in such files, or in ouch a manner as to pruuerve and
identify the file from which such documents were taken.
E. If you object to the production of any document on the
grounds that the attorney-client, attorney work-product or any
other privilege is applicable thereto, you shall, with respect to
that document:
(1) State its date;
(2) Identify its author;
(3) Identify each person who prepared or participated
in the preparation of the document;
(4) Identify each person who received it;
(5) Identify each person from whom the document was
received;
(6) State the present location of the document and all
copies thereof;
(7) Identify each person who has ever had possession,
custody or control of it or a copy thereof; and
(8) Provide sufficient information concerning the docu-
ment and the circumstances thereof to explain the
claim of privilege and to permit the adjudication
of the propriety of that claim.
F. All documents produced in response to this Request shall
be produced in toto notwithstanding the fact that portions thereof
may contain information not requested, shall include interim as
well as final editions of a document, and shall include all
editions or copies of a document which are not identical to
(whether due to handwritten notations, or revisions, or otherwise)
the original or other produced copy of a document.
G. This Request shall be deemed to be continuing so as to
require a supplemental answer by the person to whom this Request is
directed, or such person's agents, employees, representatives or
attorneys obtain such information between the time of response
hereto and trial of this case.
4
III. Documents the Production of
Which is Requested Herebv
Pursuant to Pa.R,C,P. 4009, t.hl) Pli1intiff requests you to
provide the following:
1. Copies of the Federal and State Income Tax Returns filed
by you for the year 1998, together with any accompanying worksheets
including W-2 forms.
2. Any and all records indicating any income received by you
from any and all sources from 1997 to the present.
3. Any and all documents relating to savings accounts,
checking accounts, credi t union or other passbook accounts of
yours, including those held in your name alone, jointly with any
person or entity, or in your name as trustee for any other person,
from 1997 to the present.
4. Any and all records pertaining to real estate which you
own or in which you may have acquired an interest during the period
from the date of separation to the present.
5. Copies of any and all brokerage account statements or
securities owned by you individually, jointly with any person or
entity, or as trustee, guardian or custodian, from 1997 to the
present.
6. Any and all records indicating an interest of any kind
held by you in any corporation or other entities not evidenced by
certificates or other instruments.
7. All records pertaining to stock options in any corpora-
5
tion or other entity exercised or not yet exercised.
8. CopieD of any and all documentr; relating to the pension,
profit sharing or deferred compensation plan to which you are
entitled due to your employment.
9. Copies of any and all documents relating to any motor
vehicles which you currently own or have owned since separation.
10. Please provide a copy of any and all life insurance
policies which you own.
fully submitted,
/t
/
J'. aul Hel vy, Esq
11ian & Gephart
218 pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Dated: d--';;l.~-C\9
Attorneys for Plaintiff
6
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CERTIFICATE OF SERVICE
I do certify that I served a true and correct copy of the
within document upon the following by depositing a copy of same in
the United States mail, postage prepaid, addressed as follows:
John J. Connelly, Jr., Esquire
JAMES, SMITH, DURKIN & CONNELLY
P.O. Box 650
Hershey, PA 17033-0650
Dated: "i -I-:,,<rl
ul Helvy, Esquire
Br dley A. Schutjer,
llian & Gephart
218 pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Attorneys for Plaintiff
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