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HomeMy WebLinkAbout99-05285 Ix: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHERI D. COOVER, 99-5285 CIVIL TEfJ Plaintiff No. - ...................... ................. ... ........ Versus JEFFREY D. COOVEIZ Defendant DECREE IN ••,, DI VORCE AND NOW, ......../"#1CvVJA1 a0???tlis o dered and .................. SHERI D. COOVER decreed that .................................................• plaintiff, JEFFREY D. COOVER and .........................................................• defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; Hone. .. ...1T.. IS.. FVATXgR..OnER]RD.. And. .ARORE&D.. ghat.. the ..terms ..a1}d conditions of the Marital Settlement Agreement attached hereto, At'e' 'ibCbi'lftfth'ted' h'eYAia 'byr' refer .. ... ' ........................ By h ur Attest: --?, Prothonotary 4w9f I .W;. ,,e;•..s. v s •v, e 8 i e MARITAL SETTLEMENT BY AND BETWEEN !i i? li II ?j j' I SHERI D. COOVER AND JEFFREY D. COOVER Jordan D. Cunningham, Enquire Cunningham & Chernicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (Attorney for Sheri D. Coover) MARITAL 3STTLSMSNT AGRRSMRNT THIS AGREEMENT is made by and between SHERI D. COOVER, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"), and JEFFREY D. COOVER, of Shippensburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"), WITNESSETH: WHEREAS, WIFE was born on April 2S, 1969, and currently resides at 1133 Pheasant Drive, North, Carlisle, Pennsylvania; WHEREAS, HUSBAND was born on June 22, 1971 and currently resides at 12 Wyrick Avenue, Shippensburg, Pennsylvania; WHEREAS, the parties hereto are husband and wife, having been married on July 28, 1990, in Shippensburg, Pennsylvania; :ny WHEREAS, the parties are the parents of the following minor children: Name Tyler Matthew Coover I' Andrew Jeffrey Coover Patrick Samuel Coover Date of Birth M 1/17/91 M 12/14/92 M 12/27/94 WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, 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 these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby i j acknowledged by each of the parties hereto, HUSBAND and 2 WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Jordan D. Cunningham, Esquire. WIFE and HUSBAND declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his selection; that WIFE has been independently represented by counsel and that HUSBAND, cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement. Each party acknowledges that he or she has had the opportunity to receive independent legal counsel of his or her selection, and that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence, and that it is 3 not the result of any improper or illegal agreement or agreements. In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 53101, vt a=., whereby the Court has the right and duty to determine all martial f rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make i any determination or order affecting the respective parties, rights to alimony, alimony pendente lite, equitable distribution of all marital property, counsel i. fees and costs of litigation, or any other right arising from the parties' marriage. 4 2. PERSONAL PROPERTY: HUSBAND warrants and represents to WIFE, and WIFE warrants and represents to HUSBAND, that they have effected a fair and equitable division of all marital property of the parties, and that any and all marital property, except as expressly provided herein, presently in possession or under the control of WIFE shall be the property solely of WIFE, and that any and all marital property, except as expressly provided herein, presently in possession or under the control of HUSBAND shall be the property solely of HUSBAND. WIFE shall have sole rights of possession, title and ownership to the personal property presently in her possession, and HUSBAND does hereby waive and relinquish any and all right he has or may have to claim any interest or share in said personal property. HUSBAND shall have sole rights of possession, title and ownership to the personal property presently in his possession, and WIFE does hereby waive and relinquish any and all right she has or may have to claim any interest or share in said personal property. 5 1 I Neither party shall make any claim to any items of marital property, or of the separate personal property of either party, which are awarded to the other pursuant to the provisions of this Agreement or which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the I? case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. HUSBAND and WIFE do hereby waive and forever release any interest or right either may have to make any claim against or to assert any interest or right to or in any retirement plan, pension plan, profit sharing plan, or other employee benefits of any nature or type earned or provided to the other. 6 3. REAL PROPERTY: For and in consideration of the sum of Twenty Three Thousand and 00/100 Dollars ($23,000.00) representing WIFE'S marital property interest in the former marital residence to be paid at execution of 'i this Agreement, WIFE shall make, execute and deliver to HUSBAND a special warranty deed conveying, transferring and granting to HUSBAND all of her right, title and interest in and to the real property of the parties situated at and known as 12 Wyrick Avenue, Shippensburg, Cumberland County, Pennsylvania. The aforesaid sum shall be paid to WIFE upon i execution and delivery of this Agreement and the warranty j deed. This is not a conveyance or sale. 4. DEBTS AND INDEMNIFICATION: HUSBAND and WIFE represent and warrant to each other that except as provided herein, neither one has contracted, since separation or will in the future contract, any debts, charges or liabilities whatsoever for which the other party or their property or their estates shall or may be or become liable I or responsible, and they covenant that they will at all times keep each other free, harmless and indemnified against and from any and all debts and liabilities 7 heretofore or hereafter contracted or incurred by the other, except as expressly provided in this Agreement. S. WAIVER OF RIGHTS AND MUTUAL RELEASE: The parties hereto have been informed of their rights by their respective counsel under and pursuant to the Divorce Code, Act of April 2, 1980, Number 1980-26, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital k property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by that party and shall not be subject to any claim whatsoever by the other party. Subject to the provisions of this Agreement, each party has released, discharged and, by this Agreement, does for himself or herself, and his or her heirs, legal is II B representatives, executors, administrators and assigns, release and discharge the other of and from all cause of actions, claims, rights or demands whatsoever, in law or equity, which either of the parties ever had, now have, or i can have at any time against the other, specifically including rights or claims to spouse support, alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution of marital property, except for any cause of action for divorce from the bonds of matrimony and any cause of action for breach of any provisions of this Agreement. The parties hereto expressly relinquish and waive any and all rights that they may have now or in the future to claim and/or obtain spouse support, alimony pendente lite, alimony, counsel fees and expenses or equitable distribution of property. This Agreement is not intended to be nor shall it be construed or deemed to be a release or waiver of any right WIFE or HUSBAND may have to claim, assert or obtain social security benefits to which either may be entitled by 9 virtue of the marriage relationship between HUSBAND and WIFE. 6. ESTATE RELEASE: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or 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, courtesy, statutory allowance, widow's allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the others estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 7. AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any a i? claims or right of the other, all items of real and II 10 personal property, tangible or intangible, hereafter acquired by him or her, 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. 8. PRIOR INCOME TAX RETURNS: The parties have heretofore filed joint federal and state income tax returns. HUSBAND agrees 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 WIFE by reason of her having joined in the filing of said joint returns, HUSBAND will indemnify and hold WIFE harmless from and against any loss or liability for any such tax deficiency or assessment and any interest and penalty incurred as a result of HUSBANDS misrepresentation or failure to disclose the nature and extent of HUSBAND'S separate income, and WIFE hereby agrees that she will indemnify and hold harmless HUSBAND from and against any loss or liability for any tax deficiency or assessment and any interest and penalty incurred as a result of WIFE'S misrepresentation or failure to disclose the nature and extent of WIFE'S separate income. 9. REPRESENTATIONS AND WARRANTIES: The parties acknowledge that they have been advised by their respective counsel of their right to require the filing of financial disclosure statements by the other prior to the entering into this Agreement, and being so advised the parties acknowledge that they have waived their right to request such financial disclosure. However, each of the parties hereby warrant and represent to the other that at the time of separation, they had no right, title and interest in any real or personal property with a fair market value in excess of Five Hundred and 00/100 Dollars ($500.00) except for any asset or item of real or personal property specifically described and awarded pursuant to Paragraphs i and 2 of this Agreement. 10. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or determine fit. 11. NO INTERFERENCE: Each party shall be free from interference, authority and control, direct and indirect, by the other as fully as if he or she were single and 12 i unmarried. Neither shall molest the other, compel, or endeavor to compel, the other to cohabit or dwell with him or her, or to interfere with friendships, society or acquaintances which either of the parties hereto may choose or have from this day forward. Neither party shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 12. DOCUMENTS: Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Agreement. 13. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a divorce on lawful grounds as 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 i deemed to be a 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 13 which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980. The parties agree to sign all necessary documents, including Affidavits of Consent, to secure said no-fault divorce. 14. ABSOLUTE AND FINAL SETTLEMENT: The provisions of this Agreement are intended to consider, determine, and distribute all of the assets of the parties hereto as part of the terms of this Postnuptial Agreement. This Agreement is intended by the parties hereto to be a valid Postnuptial Agreement, providing for the absolute and final settlement of their respective property rights and all obligations of spouse support. This Agreement is not intended to be a mere Separation Agreement. This Agreement contains the i' entire understanding of the parties, and there are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 15. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT: Each party acknowledges that this Agreement has been entered into of his or her own volition, (with full 14 knowledge of the facts and full information as to the legal rights, liabilities and the assets of the other), and that each believes the Agreement to be reasonable under the circumstances and not the result of any duress or undue influence. 16. MODIFICATION AND WAIVER: Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified, except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement, or any right or option hereunder shall not be deemed a continuing waiver, and shall not prevent or estop such party from thereafter enforcing such provision, right or option, and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and i' effect. i? 15 17. SITUS: This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 18. INDEPENDENT SEPARATE COVENANTS: It is specifi- cally understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 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 be valid and continue in full force, effect and operation. 19. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 20. SURVIVAL OF THIS AGREEMENT: It is the intention of the parties that this Agreement shall survive any action 16 for divorce which may be instituted or prosecuted by either party and no Order, judgment or decree of divorce (temporary, interlocutory, final or permanent) shall affect or modify the financial terms of this Agreement. 21. BREACH: If either party breaches any provision of this Agreement, (excluding however, provisions or terms relating to child custody or child support) the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other legal or equitable remedies or relief as may be available to him or her; and the party breaching this contract hereby agrees to be responsible for payment of all attorneys fees, legal costs and expenses incurred by the other in enforcing their rights under this Agreement. 22. BINDING EFFECT: Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and date first written, each 17 adopting the seal following his or her signature as his or her own. •., TI. ne ,n HUSBAND: 4FY COOVER 18 1 4. COMMONWEAL H OF PENNSYLVANIA COUNTY OF L? On this, the ? day of A, be,- 2001, before me, a Notary Public, the undersigned officer, personally appeared SHERI D. COOVER known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Postnuptial Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Blan"a A. 1h H9RbC Comm COMMONWEALTH OF PENNSYLVANIA : My Hart b UfQ, n COUNTY OF member, ennsy var On this, the --?k Q4 day of 200', before me, a Notary Public, the U-n-dersigned officer, personally appeared JEFFREY D. COOVER known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Postnuptial Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 19 SHERI D. COOVER, Plaintiff V. JEFFREY D. COOVER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5285 CIVIL ACTION - ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under 3301-fe} or 3301(d)(1) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the rmmnlainf•. (a) Date of execution of the Affidavit of Consent required by 53301(c) of the Divorce Code: by Plaintiff: November 9. 2001: Defendant: November 2. 2001. (b) (1) Date of execution of the Affidavit required by 53301(d) of the Divorce Code: N/A. (2) Date of filing and service of the Plaintiff Is Affidavit upon the respondent: N/A. 4; Related claims pending: All economic and the parties. 3. (Complete either Paragraph (a) or (b)). S. (Complete either Paragraph (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: N/A (b) Date Plaintiffis Waiver of Notice in 53301(c) Divorce was filed with the Prothonotary: November 14 2001. Date Defendants Waiver of Notice in 53301(c) Divorce was filed with the Prothonotary: November 14 2001. Respectfully submitted, , P. C. 11 . Date:November 14, 2001 ,Jdrdan . Cunningham, Esquire I.D. 3144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (Attorneys for Plaintiff) 2 .. a Ci. .? __ 1 f _. CJ c z 1 ?a :? U Q 0¢a P p? w (n -{- T x ZZ uoz a i., --I- V. a! Lu a =Zx C ,^ Z N M 0 S Z N Q U o? ?-? v Q x I . T G O 'J J L 4 O J v e 'J 7 ? J 0 L J n N_^ V L T .w L T ? J C L ? O C Q CUNNINGHAM & CHERNICOFF, P.C. -• . SHERI D. COOVER, Plaintiff V. JEFFREY D. COOVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. J42 K5 CIVIL ACTION - LAW IN 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 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 Dauphin County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 Court Administrator Cumberland County Courthouse-4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 Telephone: (717) 240-6200 CUNNINGHAM & CHERNICOFF, P.C. Date: Cltt ?;.??\ 31;. q li By:? Paige Macdonald-Matthes, Esquire I.D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 SHERI D. COOVER, Plaintiff V. JEFFREY D. COOVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. -2 CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Sheri D. Coover, by and through her attorneys, Cunningham & Chernicoff, P.C., who files this Complaint in Divorce, alleging the following: 1. Plaintiff is Sheri D. Coover, who currently resides at 35 North 4th Street, Apartment 1, Newport, Perry County, PA 17074. The Plaintiff is a citizen of the United States of America and has been issued social security number 172-58- 5805. 2. Defendant is Jeffrey D. Coover, who currently resides at 12 Wyrick Avenue, Shippensburg, Cumberland County, Pennsylvania, 17257. The Defendant is a citizen of the United States of America and has been issued social security number 229-90-3249. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 28, 1990 in Shippensburg, Pennsylvania. 5. The Plaintiff and Defendant separated on July 15, 1999. 6. The marriage is irretrievably broken. 7. The Plaintiff avers that she is the innocent and injured spouse, and the Defendant has offered such indignities to the Plaintiff so as to render her condition intolerable and life burdensome. 8. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in 2 counseling. 10. Plaintiff avers that there are three (3) children of this marriage under the age of eighteen (18) years of age, Tyler Matthew Coover, DOB January 17, 1991; Andrew Jeffrey Coover, DOB December 14, 1992; and Patrick Samuel Jordan Coover, DOB December 27, 1994. WHEREFORE, Plaintiff requests this Court to enter a Decree of Divorce, and further award Plaintiff all such other relief as is proper and just. COUNT II- EQUITABLE DISTRIBUTION 11. The averments in Paragraphs 1 through 10, inclusive, are incorporated herein by reference thereto. 12. During the course of the marriage, the parties acquired marital property. 3 WHEREFORE, the Plaintiff requests the Court to equitably determine, divide, distribute and assign the marital property of the parties pursuant to Section 3501 of the Divorce Code. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: C??t 3„ M 99 By: kL .n Iwo. c c1?. oS?a rh„9?c 4a c Paige Macdonald-Matthes, Esquire I.D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Plaintiff) 4 VERIFICATION I, Sheri D. Coover, verify that the statements made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. N?.u?. COocie?, rS eri D. Coover Date:_ U,)O" f l AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lure zLoioh ss; The Plaintiff, being duly sworn according to law, deposes and says that she is the Plaintiff in the above captioned matter and that she personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is in the National Guard out of Chambersburg, Franklin County, Pennsylvania, however, he has not been deployed. Defendant is not in the Military Service or in any branch of the Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldiers, and Sailors, Civil Relief Act of Congress of 1940 and its Amendments. (Jeri D. Coover SWORN and Subscribed to Before me this day of 1999. NOT/ Y PUBLIC Pomm S.'I o°m? ?es1 c?e wanfos,NottBgryry MyCor.:r .Cm..arWnA!0P(f ) ., i,eSiO01.>n'tlS uH,4. 'Yl 1. JU AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : COUNTY OF BA4PH-IN I, Sheri D. Coover, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in cn-seling prior to a Divorce Decree being ha,,led down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to au /Aorities? ^. /? C / l t CS eri D. Coover SWORN and Subscribed to Before me this day of _auqu6e 1999. NOTARY PUBLIC Mr=,, r _ P" Coumy ;iq. 1990 ,gi,?+ACCnriryt'9n SHERI D. COOVER, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5285 JEFFREY D. COOVER, :CIVIL ACTION - LAW Defendant :IN DIVORCE PROOF OF SERVICE I do hereby certify that a true and correct copy of the Complaint in Divorce in the above captioned matter was served on Defendant, Jeffrey D. Coover, by First Class, Certified Mail, Restricted Delivery, postage prepaid, on September 2, 1999. The receipt card is attached hereto. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: September 7, 1999 By: CA . Beth A. Theurer, Secretary to Paige Macdonald -Mat thes, Esquire I.D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 80WOM ttwn 1 "" 3 for adOWW wvkw .0mn0W etwa 3.4e, rid 4D. Y?p.r NW gditu m the nor of ON form w dutyan mwn PM *Wd UppWaylmL?tliM for W tlr YoM d the mml0m, aw Cr be* Woo dm nd .YYM.'N,hsrm Aaymf w the mYpNa Edow ev W kw nunbr. .11r RNmRwpmtlI Ow to whmon wkM mMlvered W ftdde 8 dre?t.d. & Arddo AddrenW to: 4a. Artk seffirey D. 000\Pr- ? W 4b. Ben I also wish to recalw ttr ft>Wng sonelm (tOr an tome fee): ?1. ??y Addreesea'sAddnee 'MlRuftlc dDNMry. Carrot poebnubr for fa. 10< ??-tcK rTVVlue ?RoOdered 5hippensbu-9, f? 17aS7 o t:qxo.MaH C3 Mum R90W T. Date W DOW 5. ReaWed ST. (Prim Nenw) 8. Addran 7 r and re. Is pah rj e. slignaw ree. rapenr) s ? P8 F 1 , Dece(Mer 1994 iozsnmsamrs ' GVVW S : I Olmund O COD r) k_ 'i: i ,... ??_i is ? - ' 1-' .? V: ? ` 4? . _? :? SHERI D. COOVER, Plaintiff V. JEFFREY D. COOVER, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5285 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 53301(c) of the Divorce Code was filed on August 30, 1999. 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. 1 consent to the entry of a Final Decree of 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. 94904 relating to unsworn falsification to authorities. I I 1 C V i ?^ {. l.C Date: ERI D. COOVER } ? t y y zF `- ?_`' ? ` N ? ,? 7 j _. ?i i? ! r ??? < _ z _ ?, c? U SHERI D. COOVER, Plaintiff V. JEFFREY D. COOVER, Defendant :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5285 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 93301(C) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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. 54904, relating to unsworn falsification to authorities. Date: ,'I 1 CI _r(?Cl? HERI D. COOVER c, w ?, ,,; ?: N ?.; C C'> `'.' t?:i ':7 J ` . L ' ? t/ ? .7 .. i?-? 1? ? '117 ? !1 ?.. ?Q' e \ `J ? ? i V SHERI D. COOVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-5285 CIVIL ACTION - LAW JEFFREY D. COOVER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 30, 1999. 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 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. 54904 relating to unsworn falsification to authorities. Date ?--1s JEV?M-1) . COOVER N ?Z ? • `5? _ ??1 U O L16. 1 _y ^' ?? r' . U : SHERI D. COOVER, Plaintiff V. JEFFREY D. COOVER, Defendant :IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5285 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(C) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers 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. §4904, relating to unsworn falsification to authorities. Date:.xJ6) vO0/ '` _ JE y COOVBR i`z } r- ul~ N ?- Fn CJ C-)