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HomeMy WebLinkAbout00-05479 . r .- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <; . . ,,. ~".,,". , .. . Of. ;Ii :tiff. . .. it; "':F. '" . ~ <' n , "' ~ , . .. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF STEVEN S. COHICK, PENNA. Plaintiff No. 00-5479 CIVIL TERM VERSUS KAREN S. COHICK. Defendant AND DECREE IN DIVORCE NOW'~<~-Jw. ,e <; <; DECREED THAT Steven S. Cohick AND Karen S. Cohick . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . if. 2; ro f/A. ~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; <; <; . The parties' Separation and Property Settlement Agreement dated . . August 14, 2000, is incorporated herein. but not merged. <; . <; . . . . . . . . . . . . . . .. . . .. Of. :f. :f.:f. f~ ., OTHONOTARY . . <; <; . '-", ,"Ol <; . . . . . . . . . . . . . . . . . . . . . . . . <; . . . . . . . . . . . . . . <; . . <; . . . . . . . . I II. I ,I , Ii ~ I"~ .. , - , .,. ~. ", . " , '-'" '~~.-'~--~"" ~,'~ -- - .~.~ /d d&'. a;/ /ddO~ I ,"' "-.."' -"""-' .. , ' ,,_ ..^~-,> " '..- .., ~o.,_ "',"" ~. . , "~ .,'~ M~~~4~ J;f~ ~ :z~- .'_'1',. "' _, ""U,,i\i!!~fl1l\liH'W~!"'!I'~~~,..~"'1!"""'''_ ~I'j.!lf: .~"",,~IiIiI~ . " -~ '!t;", ." SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THISAGREEMENT, made this JI-lii- dayof ~ ,2000, by and between STEVEN S. COHICK, of 625 Grahams Woods Road, Newville, Cumberland Coun!)', Pennsylvania, party of the first part, hereinafter referred to as "Husbantl', AND KAREN S. COHICK, of 406 Mohawk Road, Newville, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wift!', WITNESSETH: WHEREAS, Husband and Wile were married on March 13, 1982, in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which has caused Wife to be desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the >_'--l "'- "- " " """'.,.~--'" '. resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wile at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirllCt, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement . " ~ ~ _d-,,~,' shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounqs; not to prevent either party from defending any such action which has been, may. or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and WIfe to execute the Agreement. Husband and WIfe each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and WIfe do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. -",," -" .-- -".;,;,- ARTICLE III EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. " , , - ~ 1I"'~h 3.3 Pt!1'8onal PrODertv. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, and other tangible or intangible property in their possession that they wish to have and neither party will make any claim whatsoever against the other party for any items of personal property or assets that is in the other parties' possession. 3.4 Life Insurance. At present, the only life insurance maintained by the parties is a life insurance policy on Husband's life, which he carries through his present employment with Computer Aide, Incorporated and a "rider" on that policy insuring Wife's life. The parties agree that they shall maintain their children, Seldon Scott Cohick, born November 11, 1983, and Sean Swain Cohick, born September 14, 1986, as the beneficiaries on these each of their life insurance policies maintained through Husband's employment. Until such time as the children reach twenty- one (21) years of age, the other party shall serve as Trustee for 'the children on the said life insurance policies. This provision of this Agreement shall override any other beneficiary designation on the life insurance policies themselves such that, under any circumstances, the within named children shall be the sole beneficiaries on the aforesaid life insurance policies. With the exception of these life insurance policies, neither party has life insurance that they have purchased independently of their employment. 3.5 Subsequentlv Acquired ProDertv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. - ~" _, L'n 1-. "," .1, , .~ '"!.i\1;;'_' 3.6 Real Estate. The parties are the joint owners of real estate located at 625 Grahams Woods Road, Newville, Cumberland County, Pennsylvania, which property is currently held in the parties' names as tenants by the entireties. This property is encumbered with a mortgage due and owing to Keystone Financial and a home equity loan or second mortgage loan due and owing to Americhoice Federal Credit Union. Within fifteen (15) days of execution of this Agreement, Wife shall execute a general warranty, fee simple deed conveying all of her right, title and interest in the aforesaid real estate to Husband. From the date of execution of this Agreement forward, she shall make no claim of any legal or equitable interest in the aforesaid real estate. In the event it is necessary for Wife to execute any other documents to so waive, relinquish or transfer her legal and equitable rights in the real estate, she will do so within fifteen (15) days of being requested to do so by Husband or his legal representation. Husband shall be solely and exclusively responsible for repayment of the mortgage due and owing to Keystone Financial and the home equity or second mortgage due and owing to Americhoice Federal Credit Union from the date of execution of this Agreement forward. He shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid mortgages and encumbrances. The within described real estate is the only real estate in which either party has any legal or equitable interest. 3.7 Pension. Retirement. Profit-Sharinf!. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in her individual capacity or as I ~ - " ~' - -," Husband's WIfe in any and all pension, retirement, profit-sharing, stock options or similar accounts with Husband's present employers or past employers or which Husband has secured independently, including, but not limited to, any retirement that has been established through his past employment with IBM, as well as the 401(k) account that he has established through his present employment with Computer Aide Incorporated. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in his individual capacity or as Wife's Husband in any and all pension, retirement, profit-sharing, stock options or similar accounts with WIfe's present employers or past employers or which WIfe has secured independently, including, but not limited to, any retirement that has been established through her present employment with Saylors IGA and her prior employment with the Big Spring School District. 3.8 Vehicles. The parties acknowledge that during their marriage they purchased certain vehicles and presently have in their ownership and possession the following vehicles: 1984 Honda Prelude; 1989 Mercury Marquis Station Wagon; 1991 Jeep Wrangler; and a 1998 Dodge Durango. WIfe shall retain as her sole and exclusive possession the 1984 Honda Prelude, which shall be transferred into WIfe's sole name contemporaneously with the execution of this Agreement or, under any circumstance, within fifteen (15) days of execution of this Agreement. From that date forward, Husband shall make no claim of any nature whatsoever relative to any ownership interest or rights to possession of the aforesaid vehicle. Husband shall retain sole and exclusive ownership and possession of the 1989 Mercury Marquis Station Wagon, the 1991 Jeep Wrangler and the 1998 Dodge Durango. Contemporaneously with execution of this Agr!!t1ment or within fifteen (15) days of being . ~ "' I!f:~"" . . . O' ,,- ~ c_ ~ ' ,'- .~--" requested to do so, Wife shall execute any and all necessary documents to waive, relinquish and transfer any and all right, title and interest she has in the aforesaid vehicles. In the event there are any encumbrances of any nature on any of the aforesaid vehicles, the party retaining ownership and possession of the respective vehicle shall be sole and exclusively responsible for any such debts and shall indemnifY the other party and hold them harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to any such debts. It is specifically recognized that there is a loan due and owing to Americhoice Federal Credit Union on the 1991 Jeep Wrangler and a loan due and owing to Americhoice Federal Credit Union on the 1998 Dodge Durango, both of which encumbrances shall be Husband's sole and exclusive responsibility. 3.9 Intanl!ible Personal PrODertv. The parties acknowledge that they have previously transferred or waived rights or otherwise transferred their ownership interest in all intangible personal property such that all the intangible personal property that presently exists including their various bank accounts, credit union accounts and the like have already been distributed to their mutual satisfaction. Neither party will make any claim of any nature whatsoever against the other relative to the fuIancial accounts or other investments or intangible personal property that have already" been retained by that party as described herein. 3.10 Cemeterv Plots. The parties are the joint owners of cemetery plots with Cumberland Valley Memorial Gardens, Carlisle, Pennsylvania. Within fifteen (15) days of being requested to do so by Husband or his legal representative, Wife shall execute any and all necessary documents to waive, relinquish and transfer any and all right, title and interest she has in the aforesaid cemetery plots so that they shall become and remain Husband's sole and exclusive possession. ,~ ~ ~ . ,. .~ "' -~, "e. ARTICLE W ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. CHILD SUPPORT AND MAINTENANCE 4.1 The parties acknowledge that they have each secured and maintained sufficient income and adequate funds to provide for themselves with sufficient resources to provide for their own comfort, maintenance and support in the station of life in which they are accustom. Husband and Wile do hereby waive, release and give up any rights they may have, respectively, against the other, for alimony, spousal support or maintenance except as provided in paragraph 4.2 hereinafter. 4.2 At the time of the parties' separation and prospective divorce, if it becomes necessary for Wile to secure her own automobile insurance, independent of the insurance carried by Husband, Husband agrees that he shall be responsible for payment of Wile's automobile insurance premiums in a timely fashion until such time as Wile remarries. In the event Husband believes that Wile has attempted to secure an automobile insurance policy that is excessive, he has the right to secure insurance for Wife's vehicle comparable to the insurance that he carries on his vehicles through an insurance carrier of his selection. In addition, Husband agrees that he shall be solely and exclusively responsible for any and all uninsured medical expenses that are presently due and owing to any service care provider for - Husband, Wile or the parties' children, as of the date of the execution of this Agreement. In addition, any uninsured medical expenses that are incurred by Wife in the future shall be Husband's responsibility until such time as Wife is able to secure health insurance through her present employment with Saylors IGA. - " - "--'-- 4.3 The parties agree that neither party will request or secure child support from the other party from the date of execution of this Agreement forward, but rather, the party who has primary physical custody of the children shall simply remain responsible for the primary expenses associated with raising the children and the non-custodial parent shall assist in those expenses as that parent deems appropriate. 4.4 Husband and Wife specifically waive, release and relinquish any rights for alimony, alimony pendente lite, and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES 5.1 The parties acknowledge that they have secured certain debts not previously referenced herein during their marriage. With respect to such debts, the parties shall each assume responsibility for repayment of certain debts and hold the other party hannIess from collection of such debts. More specifically, Wife shall be solely and exclusively responsible for repayment of the Bon Ton credit card or charge card account that is believed to exist in her name alone. She shall indemnifY Husband and hold him harmless from and against any and all demand for payment or collection activity of any nature whatsoever relative to such account. Husband shall be solely and exclusively responsible for the Americhoice Visa account, the Discover credit card, and the Sears credit card or charge card account, which are believed to be primarily in Husband's name, but with Wife as a joint obligor. Husband shall indemnifY Wife and "~ ., -, ~ "- ..~ " hold her harmless from and against any and all demand for payment or collection activity of any nature whatsoever relative to the aforesaid debts. In addition, the parties have secured personal loans due and owing to Citi Financial and to Americhoice Federal Credit Union, both of which accounts are and shall remain Husband's sole and exclusive responsibility. Husband shall indemnify Wife and hold her harmless from and against any and all demand for payment or collection activity of any nature whatsoever relative to said personal loans. In addition, the parties reaffirm their responsibility for repayment of the debts hereinbefore set forth with respect to the parties' real estate and vehicles. 5.2 Each party represents to the other that except as otherwise specifically set forth in this Agreement, and more particularly as s~t forth in subparagraph 5.1 above, there are no major outstanding obligations of the parties' that since the separation neither party has contracted for any debts for which the other will be responsible, and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE VI MISCELLANEOUS PROVISONS 6.1 Advice of Counsel. The parties acknowledge that they have had the opportunity to review the provisions of this Agreement and further have had the opportunity to secure legal counsel and advice relative to the legal effect to this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection or that they have specifically chosen with full knowledge and on their on volition, to not seek legal advice relative to this Agreement. They further acknowledge that they fully understand the facts that are ,-. ~ ~, " the basis of this Agreement. They acknowledge and accept that this Agreement is being entered into freely and voluntarily after having the opportunity to receive legal advice and within the knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Counsel fees. Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, expenses or costs. 6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, 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 as by way of dower or curtesy, or claims in the nature of dower or curtesy 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) Pennsylvania, (b) any state, commonwealth or territory of the United States, or ( c) 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 .~-,~ ^ _"~-. H; .,"- " fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. 6.4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.5 No waiver or modification of any of the terms of this Agreement 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. ". '0 ~~" 6.6 Husband and WIfe covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.10 Severabilitv. If any term, condition, clause, section, 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 be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. q, , :Ii:tiW 6.11 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and wife, or either ofthern, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.13 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is detemIined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, - ~,,~ , o O' . d . _. . .~ , the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: 1!ii-c&,1:::/~ ~ -k> !J6fL ? g/;fft;o 'D ate [3 -/4--60 Date ~J~ STEVEN s. COHICK ~~, 'N S. COHICK ,. ~ ,-"- , , .' ~ "~~ " " ~. ~'" COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND On this /L/6-day of ~ , 2000, before me, the undersigned officer, personally appeared STEVEN S. COlliCK, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Robin J. Goshorn, Notary Public Carlisle Bom, Cumberiand County My Commission Expires Apr. 17, 2003 ;;?~.a~ U~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this / I(~of ~ ' 2000, before me, the undersigned officer, personally appeared KAREN S. COHICK, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal . Robin J. Goshorn, Notary Public Carlisle Bom, Cumbarland County My Commission Expires Apr. 17, 2003 ~_,;~" ~il.~~/Ij~~>il!!i~!>lIll@I.liiIM:IiIl~MWl~U"~-!'M.i.i!-~llli>riJIJli.lli.o,,;-",,~"""""""'~ -~~ -"" -,.."" , -~ 111\.1 ~"Ck~'_ ""'.....~ - ^~~__>' '. ",,c." 'Co,"~ .~ ~ e"o ,~,~," . ;2 ~c'~ "' en ~, ,;, ~--~ to" 'z >: IU C) c:: :f" ~ ::__J ~ ~ I; .- I' i: , I: ! I' ! I f ! r i ~ I I' " I l: I -"~\ '" ,0 ~J. ,',-T' -~- \~_'J ~.S ~~() --.- 1, ;-'-:};?: L ,(n ::::t ',~. 'D "< :)''1 ~> ., ~<~~ - ~~ 'c'O <""" ,,,,",,, .'-- ,," ..'" '--'0" - -~-'IT'diJij"", STEVEN S. COHICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW KAREN S. COHICK, Defendant : NO. 00-5479 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under 9330l(c) 330l(d)(1) efthe Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery to Defendant, Karen S. Cohick, on August 14, 2000. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by 93301 (c) of the Divorce Code: by Plaintiff: November 27,2000 by Defendant: November 20, 2000 (b) (1) Date of execution of the affidavit required by 93301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: November 28, 2000 Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: November 21,2000 ~il~~l1;llljmJi,!*i$!Iff.l>;lR~~~~Itel]kliEM""!-.l;,,Jt;i;rri"'~lM-I~II~~>t~~i~M - . . .. ~ ,^ ~=." . ~.< I. _1il1l1~ ~ ~l" ~ ~ o ~~~ ."':ir"' l.,i 1t 0~'.~~-- ,......:.::;-- ~s'-'- '"":;...c, i~2! ......::: ~< ~" t_" ,.- ., .'9 Cf'J r\) ,'-~ 1\.:.....'...' "" I"~; ,....'...'.'....'...' ,,, ",-:: :~-: '11.............' ;:: ,-" Ii I'.....' 1'1 " ~':i !> I~:i r' ~:! ~': ~.: fl ['I ':1 i! ~' ~,i i , Ii: 1" " :i C) ,~ ~ :::.:5 -,~ J'~.) ~-O =~"~'::: -.~ -, ': ;:(5 ,.jrn ~ -< ~.:. :" - ~ = .'"' "~or. - I 'n "~ ,._," 'il11llil:Rf,,-_ ~ STEVEN S. COHICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KAREN S. COHICK, Defendant .: NO.OO- S'1.11? CIVIL TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defendant 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 will proceed without and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights inlportant to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, PennsylvarUa, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PennsylvarUa 17013 (717) 249-3166 ,~~' ~ , .. 1 _ ~~ I -"- ~ " '1_. ,.-,-. ,~ . 11'i; .., STEVEN S. comCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NOiPlP-SY7r CIVIL TERM KAREN S. comeK, Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Steven S. Cohick, an adult individual currently residing at 625 Grahams Woods Road, Newville, Cumberland County, Pennsylvania. Plaintiff has resided at this address for approximately 14 years. 2. Defendant is Karen S. Cohick, an adult individual currently residing at 406 Mohawk Road, Newville, Cumberland County, Pennsylvania. Defendant has resided at this address since July 23,2000. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 13, 1982 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annuhnent between the parties. 6. The Defendant is not a member of the Unites States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. -,~- --, . . ~- ~. ~ .-- "-' ~M 't , 10, Plaintiff desires a divorce based upon the belief that Defendant will, ninety days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(c) of the Domestic Relations Code. Respectfully submitted, GRIFFIE & ASSOCIATES , -~. "" ~.. _ ~ n ,,_"of" - . ,", ~ t: ,. .. I verifY that the statements made in the foregoing document 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. DATE: g /'1~CJ , , ~'A &/J STEVEN S. COHICK ~ 'if .~ '- ~ir~' f~~iidMiliid.iiij$!i*;l.m~~""41iM~"'~r r'"^""-~- 0 ~ llI.<Il.t__'*,-I" .. ~Ii or ~ - ,-~ ~ .- ".L '" "" ~- 9' I ~ ., "8 g ?, ~i :t>o 15 :r ::0 rn..:D ~~" I r- CO -Ofil ~""'. :~? ;;:::0 .-, .'bo ~() ~8 ::il: ':J:,:fi 0'" CO ;;0>('') ~ <. den .,. ~ 4:" -< ~ ' & " ~-- ~ STEVEN S. COHICK, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW KAREN S. COHICK, Defendant : NO. 00-5479 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under 93301 (c) of the Divorce Code was filed on August 8, 2000, and served on August 14, 2000. 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 of Divorce after service of notice of intention to request entry of the decree. I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 1Ib,7/M I , ~4~ STEVEN S. COHICK, Plaintiff ~!Ii~~:rn~~~~~!Ii!'~tJijj!il~t!f~~~liW!~_iMI~ , '.," ~'- _'l!lIirt'iHt~:g.m~'~'""~ ,;;r)1!di.iBf~ "" ~ ~" -"I'"' q ~~:- ~~~~;' :~:I (/) r::,::>' ~~~ >"c ~ -< ~'il.~ ,~ ~ ~ ~-; I C:) o () .~!:': ....-:-.:: r".) CD --;1 (~; c:.~ ~~~ f;~ -:'i:"~ j:J -~ c,~ o'-"";""'r.~ ,!;, "" "1"" STEVEN S. COHICK, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW KAREN S. COHICK, Defendant : NO. 00-5479 CIVIL TERM : IN DIVORCE WAIVER ON NOTICE OF INTENTION TO REQUEST HIE ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 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! do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: /I j:J '1! f} 0 ~ d c:6/ STEVEN S. COHICK, Plaintiff ~~~~~~j~iit-fl;~~ld~~iBl!tfjlfd'i:MOiHi'--C -."~' ",. '"' "~"W~ ~,~," ,- , ,~ ,'~" ' "lIilIh~' , )~ !.i " ~'i! ,,'" [i! Ii! III 11, I" Iii i' MI I' il il !, II ! 1 I I ,I I II $'.2 ,'~ '-' ~ 0 ~ ;;;:;:: '-or,. i ':~~ fTlrT z,:. ~~,: j'.,,) co ~C.:' -----rl p. ~z~.<' p u c: --- . ' ~ ,r;- :.:::! :J:'i (.0 ~< .<I ,.-^ .' ~ -',^ '--, ,,~ - ':".. STEVEN S. COHICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW KAREN S. COHICK, Defendant : NO. 00-5479 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under S3301 (c) of the Divorce Code was filed on Augnst 8, 2000, and served on Augnst 14,2000. 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 of Divorce after service of notice of intention to request entry ofthe decree. I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. DATE: II-~{)-w ~~h~~~~~~~''i''<il'''''di,ml1-'-tlJJ';'~~I~~ I. ~ ,W".. ",,~ ,. 0 C.1 C C) ~~ uf;~ z rll(;, ;~:~) Z:::C 655~-. N ~y, -0 .. . C ::..') Z ,,~ ;;:;::i =< <=T; co =< .,~ ,.-. . "o~ "'~",,' " ,'i u I" ,'J ;:"j ',; :H j., i"1 Ii " 1(1 I:: 1'0 i~ ' !" H n I; p fi I: I: I ': j1 [1 il I: I' i! Ij ! l , , . ,~~ ....., ,- -' -, . . " STEVEN S. COHICK, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW KAREN S. COHICK, Defendant : NO. 00-5479 CIVIL TERM : IN DIVORCE WAIVER ON NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE !LNDER ~3301(c) OF THE DIVORCE CODE 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. g4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~. DATE: / /-~() -()O N S. COHICK, Defendant ~1Ii!l1~~m~~~!I:Illll~~~~lLl:t~f.t;r--" ~, , ~ , .... ,"\". . ,,' .~ - -. " .~~ -a;: """'" '<1 Q c. ';.:-- -oft'. rnn 7-;--' zL':" :Q~". r::::C) :::.-. ~~1 =< ., W ,~-- ~:--i H " " i'l :-, ,: I' i-'i i_I I "1 CJ- co II ,I :1 I I I , ;1 "! :j 1'1 1.1 H \1 Ii 1'1 ,I Ii ;1 !I , ~~ C~ ,,' I': I: : II Ii ,>,) ~) f..,') :.,:, - , ." , -,~- II ., . .-\. STEVEN S. COHICK, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW KAREN S. COHICK, Defendant : NO. 00-5479 CML TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 16TH day of August, 2000, comes Bradley L. Griffie, Esquire, Attorney for Plaintiff, and states that he mailed a certified and true copy of a Complaint in Divorce, to the Defendant, Karen S. Cohick, to 406 Mohawk Road, Newville, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on August 14,2000. Sworn and subscribed to before me this lilt- day of ..:AwjiA 'St ' 2000. ~tlifi~ OT' PUBLIC . NqjaiIal Seal KIlrisa J. Lehnian. No"'ft' Public CaI1IsIe BolO, Cuiiibelt8iia County My commission expires Aug. 25. 2003 -" - . -" , - .- ( .. ~, ~ "~do. ." '~ ."c,,-,," ." k- . lh '-" .'€l61ifl1!1l9iei'iiI~1: 2, 8n<J!l.i\ia.; &il1plete Item 4 if Restricted Delivery is desired. . Print your name and address on the reve'1'~~ 50 that we can Taturn the card to you. . . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: ~ rti: 1'\ 'S. Cb\tl ; c.-k.. 401.1 f\ADhc\"\,IlIL ~ NWJVI\QI ~ 11 Z4 I delivery address different from item 1? YES, enter delivery address below: fenver"ijaadressee. 3. ~ice Type jilCertified Mail o Registered o Insured Mail 4. Restricted Delivery? (Extra Fee) 2. A, rli':!;NU,~,~..eriqDf,ytro.l'?~lVjC~, ,11;01 :'i~""" /':.i"""i'I"""~'" .' IOv~ IrJr~a6) " ,~(Z" 'f;flll, i.' '.. ' PS Fo,m 3111}.\JUly 1999 Dom"'ie Return Receipt 10259S;.oo..M;.-Q952 *"'--- ". ."",- '~'_""" --- --- -~ ~~-, ,;-'-'--'"-'-.....~"."..,-"'~-~:'- ~ltIl~~IOl\@l~:Ill1~iil!?tI1~!~"'W,~"''''''';''*-<lWi,:lli~~'':Wi>l\'i1ryllibl:j~-i1si;~tiI,;.,="",,>~ >~ > ,~ r-' "11 - --aiMl[-~ aIIll~ . . ,.- <," ,,', It_ ~ ~~~~ o ~ [Reo z9:J i3s;: c:~ % ::< , ^ ~ i r . \ ..:-." (- ,-j f',) ',1 ,'- ;,':"~ jl~~: ~5-1': "-0 (5rn 'b! :b -< ,'\J (Jl - ~~,~