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HomeMy WebLinkAbout09-0990FAUser Folder\Firm Docs\Clients Files\4313-1 Lynn A. Cobb\divorce.complaim.cumberland.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff V. CIVIL ACTION - LAW No. 2009- C NO Civil Term ALLAN FRANK COBB, Defendant 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days ofthe date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FORALIMONY, 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff V. ALLAN FRANK COBB, Defendant CIVIL ACTION -LAW No. 2009- g 4 j} C Nv IN DIVORCE COMPLAINT IN DIVORCE COUNTI AND NOW, this +1%, day of February, 2009, comes Plaintiff, Lynn Allen Cobb, by and through her attorneys, Knight & Associates, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Lynn Allen Cobb, who resides at 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Allan Frank Cobb, who resides at 19512 Crystal Rock Drive, Apt. 24, Germantown, Maryland 20874. 3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania and has so been for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on September 29, 1984, in Ellicott City, Maryland. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. A Complaint in Divorce was filed to civil action number 2008-6010 in Potter County, Pennsylvania, on November 18, 2008, and withdrawn on January 26, 2009. 7. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. Plaintiff and Defendant are the joint owners of certain real estate which is subject to equitable distribution by this Court. 10. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this Court. 11. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests that your Honorable Court enter a Decree in Divorce equitably distributing all property owned by the parties hereto. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. Plaintiff requests your Honorable Court to allow her alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff requests that your Honorable Court enter a Decree in Divorce awarding alimony as the Court deems just and reasonable COUNT IV CLAIM FOR ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. Plaintiffrequests your Honorable Court to allow her alimony pendente lite, reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff requests that your Honorable Court enter a Decree in Divorce ordering payment of alimony pendente lite, counsel fees and expenses as the Court deems just and reasonable. Respectfully submitted, & ASSOCIATES, P. i Sean M. Shultz, Esquire Attorney ID No. 90946 1 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Plaintiff N _ Of co w AT"," LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-990 CIVIL TERM : CIVIL ACTION - LAW ALLAN FRANK COBB, Defendant : IN DIVORCE ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Please enter the appearance of the undersigned as counsel on behalf of Defendant, Allan Frank Cobb, in the above-referenced matter. Respectfully submitted, Mark A. Mateya, Es ire Pa. I.D. No. 78931 Attorney for Defendant P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Date: 5- Jo CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Sean M Shultz Esquire 11 Roadway Drive Ste B Carlisle PA 17015 Dated: 2 Z a k Mark A. Mateya, Esq ire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax r-I CZ) toa - J w,. c =? 4- ,0 '``' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff V. ALLAN FRANK COBB, Defendant CIVIL ACTION - LAW No. 2009-990 IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 17' day of March, 2009, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint was mailed on February 24, 2009, but actual service took place on March 9, 2009, by Defendant signing for a copy which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Allan Frank Cobb 19512 Crystal Rock Drive Germantown, Maryland 20874 The copy of the signed Domestic Return Receipt and Track/Confirm document from the Post Office is attached hereto as Exhibit "A" and by reference incorporated herein and made apart hereof. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. 2- Sean Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 F kUsa Fdda1Firm Doc Uimts Files\4313-1 Lym A. Cobb\mn_servix.eumbUiWW.w0 Attorneys for Plaintiff i Q o O ? Q QQQ to S N ow,)- Q Q u c r co 43 CL ?- car C S 0 p " a a { ?y O IA r ?? M ?9 n- g t-? o ow a rQ a,.a I 1 N 16 30x, lo' . -°. C7 C -r-c l mss; 712 ? -rs z? rn F f i ~ _~ r MARRIAGE SETTLEMENT AGREEMENT i~~Q t', ,. a.~ ~,;, ~~r~, q~~ a ~i~ ~ : c~ L ,, THIS AGREEMENT made this Z" da of v U57 C`''` ' .,,;T~; y ~ ~'14~,~'Y,~d~, between LYNN ALLEN COBB, (hereinafter referred to as "WIFE") and ALLAN FRANK COBB, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 29, 1984, in Ellicott City, Maryland, and separated in June 2008. WIFE filed a Divorce Action in Potter County, Pennsylvania, on November 18, 2008, docketed at 2008-6010 Civil Term. The Complaint filed in Potter County, Pennsylvania was thereafter withdrawn and a Complaint in Divorce was filed by Wife in Cumberland County, Pennsylvania on February 18, 2009, docketed at 2009-990 Civil Term. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent 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. 2. The parties have attempted to divide their marital property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be fmal and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Page 1 of 14 r ~ s 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit 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 is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving the advice of counsel; Page 2 of 14 d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501, and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code or any other law relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. Page3of14 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, chazge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The jointly owned real estate owned by the parties at 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania will become the sole property of WIFE. HUSBAND shall execute a Quit Claim Deed in favor of WIFE upon WIFE obtaining refinancing in her name alone. WIFE will be solely responsible for the aforementioned real estate and will hold HUSBAND harmless from any liability which may arise from the date of the refinancing. WIFE will refinance the mortgage in her name alone as soon as possible. g- DEBTS: HUSBAND shall be solely responsible for all debts solely in his own name Page 4 of 14 including but not limited to personal loans, charge accounts, and credit cards. WIFE will be solely responsible for her own credit card debts. Both parties represent and warrant to the other that neither has incurred and will not incur in the future contract or incur, any debt of liability for which the other or the estate of the other might be responsible. WIFE agrees to accept full responsibility for the Chase credit card account. HUSBAND and WIFE agree that no marital debt, other than the mortgage, exists. 9. ALIMONY: HUSBAND and WIFE agree that HUSBAND shall pay to WIFE an amount equivalent to $7,000. 0 per month less Husband's then-current military r~r~pk ,b~ C retirement disbursement to wife and ~eet~e~r$3~. For a period of forty-eight months from the date of execution of this Agreement, the Alimony payment shall be non-modifiable and shall not terminate except upon remarriage of Wife. After forty-eight months from the date of execution of this Agreement, Alimony maybe modified or terminated as provided under the Pennsylvania Divorce Code. 10. MILTARY RETIREMENT: A) Wife's Social Security Number is 220-52-6074. B} Husband's Social Security Number is 214-82-6575. C) This Agreement and the Divorce Decree that shall be issued pursuant to it are in conformity with the Servicemembers' Civil Relief Act. Page5of14 D) The parties' marriage overlapped Husband's military service by more than ten years during creditable military service. E) Wife shall receive 44% per month from Husband's military retirement as Wife's sole and sepazate property, payable from Husband's disposable retired or retainer pay, and Wife shall further receive 44% of any future cost of living increases in said retirement retainer pay, computed from the gross sum thereof. For the purpose of interpreting this Agreement and making the divisions set forth, "military retirement" includes retired pay paid or to which Husband should be entitled for longevity of active duty and/or reserve component military service and all payments paid or payable under the provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied (except for deductions because of an election to provide a survivor benefit annuity to Wife). It also includes all amounts of retired pay Husband actually or constructively waives or forfeits in any manner and for any reason or purpose, including but not limited to any waiver made to qualify for Veterans Administration benefits, or reduction in pay or benefits because of other federal employment, and any waiver arising from Husband electing not to retire despite being qualified to retire. It also includes any sum taken by Husband in addition to or in lieu of retirement benefits, including but not limited to exit bonuses, voluntary separation incentive pay, special separation benefits, or any other form of compensation distributable to sepazation from military service instead of or in addition to payment of the military retirement benefits normally payable to a retired member, except that the percentage of such benefits payable to Wife shall have to be recalculated to take in to account that fewer Page6of14 than 240 months of total service have accrued. All sums payable to Wife as a portion of military retirement shall be payable from Husband's disposable retired or retainer pay to the extent that it is so restricted by law. Said payments shall be made by direct deposit through the Defense Finance and Accounting Service disbursing office, its agent, or any future entity that handles the payment of military retirement benefits. Nothing in this Agreement shall be construed to adversely affect Wife's rights or entitlements under the Uniform Services Formal Spouses Protection Act, 10 U.S.C Section 1408 et seq. or Social Security law. The Parties agree to cooperate by completing any future documents or taking any future actions that are necessary to effectuate the purpose of this paragraph. 11. PERSONAL PROPERTY: The parties agree that they will amicably divide the personal property among themselves. WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest, which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which aze then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee Page 7 of 14 of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or maybe required to pay on account of such lien or encumbrance. 12. AUTOMOBILES: The parties acknowledge that HUSBAND and WIFE have and shall retain sole and exclusive ownership of their own vehicles. 13. INTANGIBLE PERSONAL PROPERTY: The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing of this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other rights on such polices to the respective party who presently owns such policy. Further, the parties agree that Husband will retain his 401(k) account from Southwest Airlines as well as his profit sharing account from Southwest Airlines. Wife waives any and all interest she may now have or may have in the future therein. The parties also agree that wife will retain all of the equity in the marital home mentioned in paragraph seven (7) above. Husband waives any and all interest he may now have or may have in the future therein. Page 8 of 14 14. SUBSEQUENTLY ACQUIRED PROPERTY: HUSBAND and WIFE agree to waive and relinquish any and all other rights 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. 15. INVESTMENTS, IRA'S: IiUSBAND agrees to roll over Ten Thousand Dollars ($10,000.00) from his traditional IRA into WIFE'S Roth IRA.. HUSBAND hereby agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in WIFE's pension through her present or prior employment. HUSBAND hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that WIFE may have in her individual name or may have secured through her present or prior employment. 16. LIFE INSURANCE: The parties agree that HUSBAND shall maintain life insurance with a benefit level of at least one million dollars ($1,000,000.00) with WIFE as the irrevocable beneficiary. HUSBAND shall provide WIFE proof of the life insurance coverage upon request by WIFE. Each party shall retain ownership of his or her own life insurance policies. The parties agree that HUSBAND shall maintain his present levels of life insurance and the present beneficiaries of said insurance. Each party agrees Page 9 of 14 to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policy. 17. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. HUSBAND agrees to waive all interest, which he has in any bank accounts of the WIFE. 18. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. The parties shall simultaneously with the signing of this Agreement, execute Affidavits of Consents and Waivers of Notice of Intention to Request Entry of Divorce Decree. Said documents shall be filed with the court and counsel for the WIFE will file a Praecipe to Transmit Record and obtain a divorce decree. 19. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as maybe available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. Page 10 of 14 ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 24. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Page 11 of 14 Agreement are null and void and of no effect. 25. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs required to obtain and complete the divorce. 26. WAIVER OF CLAIMS AGAINST ESTATES: 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, curtesy, 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, 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. 27. MODIFICATION: No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 28. SEVERABILITY: If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being Page 12 of 14 impaired or invalidated in any way. 29. AGREEMENT NOT TO BE MERGED: This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITN ES: /~-~- ALLEN COBB ~~- K COBB Page 13 of 14 ~. •. COMMONWEALTH OF PENNSYLVANIA SS :COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this ~ day of ~ l~C S , 2010, a Notary Public, in and for the Commonwealth of Pennsylvania and Co ty of Cumberland, LYNN ALLEN COBB, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. OtAI'y P ~C COMMONWEALTH OF PENNSYLVANIA CO MONWEALTH OF PENNSYLVAN{A Notarial Seal uoay M• Hodcenbeny, Notary PttbNc MdC'11np•, Ctmberiarb My Oorrrrrrission E~ires Sept Y M«nbe-, Pennsylvenla MrrraolWnn of fVtserulrr SS :COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this 2`~ day of , 2010, a Notary Public, in and for the Commonwealth of Pennsylvania and ounty of Cumberland, ALLAN FRANK COBB, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage .Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. otary Publi Z:\Clients\Cobb, Alan\MAS8.wpd COMMONWEALTH OF RENNSYLVANIA Notarial Seal ~y M. Hockenberry, Notary P1,bNc A+Ndt Twp., Ctmt My Corrunission E~q,~irea ~ 2 Member, Pennsytvanda Assocletfon of Notaries Page 14 of 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff v. ALLAN FRANK COBB, Defendant To the Prothonotary: CIVIL ACTION -LAW No. 2009-990 IN DIVORCE PRAECIPE TO TRANSMIT RECORD N P" ~ _.J ~. o -,-~ ~, t:-.. ~j~ -~ Cc°. ~,~-.' 1~ c ,- r' C1.. 3 -~ t.'i. . 7~ N _- ` ..~. :a~r_ .. Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: mailed to Defendant by United States Certified, Return Receipt Requested, Restricted Delivery Mail on February 24, 2009, and accepted by Defendant on March 9, 2009. 3. Date of execution of the Plaintiff s Affidavit of Consent required by Section 3301 (c) of the Divorce Code August 2, 2010; by the Defendant: November 28, 2009. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August 2, 2010. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 8, 2009. Date: August 2, 2010 LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney I.D. No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, n N '~ o `~i Plaintiff CIVIL ACTION -LAW '-- : ~_ ~:- -f-~ -- ~:;~: v• No. 2009-990 '~, ' -- .p_. rte: ALLAN FRANK COBB, ~ ~ ~ ~: - Defendant IN DIVORCE `= '~ ._._ 9~j c :a AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 18, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 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 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 are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: ~_, 2010 Ly Allen obb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff CIVIL ACTION -LAW ~..~ ,.~, v• No. 2009-990 ~` `' . - -~ .. , ~v. ~~ ALLAN FRANK COBB, : _ - ~"~~ . ~ : ~_'-' a-, Defendant IN DIVORCE cti; - ~, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY.'' '~' ~ ~ ,~-~ OF A DIVORCE DECREE UNDER &3301(C) OF THE DIVORCE C~E ~ ~ ~' 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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: ~, 2010 ,J Lyn len Cobb LYNN ALLEN COBB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALLAN FRANK COBB • 2009-990 NO. DIVORCE DECREE AND NOW, _ ~oss~' 1'~, ~1Q , it is ordered and decreed that LYNN ALLEN COBB plaintiff, and ALLAN FRANK COBB ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement dated August 2, 2010, is hereby incorporated, but not merged, into this Decree. By the Court, Attest: ~, • '~• ~w.>LQ, P thonotary ~• ~a• 1 a Cam-. C~~~ r~.~ te..d .~-o ~ • Ia. • i o ~crti cA. ~'Y1a; tec~ -~-o P~#~ A44~ Shu.Hz Ma~~ ~. . ~ .~~ 4 4• i '. LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 2009-990 CIVIL TERM . CIVIL ACTION -LAW rte., c~ ~ ~ ~ -,~ ALLAN FRANK COBB, r,, .*~ ~ `~ ,- Defendant : IN DIVORCE ~~ cr, ~~~~ PETITION TO AMEND MARRIAGE °;- SETTLEMENT AGREEMENT DATED ~~ = ~-_; e AUGUST 2.2010 AND DIVORCE DECREE - J E-~ AND NOW comes Defendant, Allan Frank Cobb, by and through his counsel Mark A. Mateya, Esquire, and in support avers the following: 1. Lynn Allen Cobb, (hereinafter referred to as "Plaintiff') filed a Complaint in Divorce on or about February 13, 2009, through her counsel Sean NI. Shultz, Esq. 2. Allan Frank Cobb, (hereinafter referred to as "Defendant"), has been represented at all times hereto in this matter by Mark A. Mateya, Esq. 3. The parties entered into a Marriage Settlement Agreement on or about August 2, 2010. A copy of the Marriage Settlement Agreement is attached hereto as Exhibit "A". 4. This Honorable Court issued a Decree in Divorce on August 12, 2010. 5. As part of the Marriage Settlement Agreement, Defendant agreed to roll over Ten Thousand Dollars ($10,000.00) from his traditional IRA into Plaintiff s Roth IRA. 6. In order to effectuate this transaction with First Command Financial Services, it is necessary to change the wording of the Marriage Settlement Agreement concerning the paragraph relating to the IRA from "rollover" to "transferred". 7. The parties herein have signed an Addendum to the Marriage Settlement Agreement dated August 2, 2010, which is attached hereto as Exhibit "B". WHEREFORE upon consideration of the foregoing, it is hereby requested that this Honorable Court issue an Order approving the change in language to effectuate the transfer of the IRA account from Defendant to Plaintiff and to amend the Divorce Decree. Respectfully submitted, Mark A. Mateya, Esq ire Counsel for Allan Frank Cobb Attorney ID No. 78931 55 W. Church Avenue Carlisle PA 17013 (717) 241-6500 (717) 241-3099 Fax 4~ 16 lZ Date: • ~ i ~ i +~ r i ~ w.~~:- .. .. ~L. l~fAXRIAGE SETTLEMENT AGREEMENT ~ , ~ _ . j - ~ , ~ 2010 ,..~ Z ~,; I~ ~~ 1 CuPpa~ ~ ~~ ~~ : a~ THIS AGREEMENT made this 2 day of v U57"" ;2~~10 ~;~ayi 'J between LYNN ALLEN COBB, (hereinafter referred to as "WIFE") and ALLAN FRANK COBB, (hereinafter referred to as "HUSBAND") WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 29, 1984, in Ellicott City, Maryland, and separated in June 2008. WIFE filed a Divorce Action in Potter County, Pennsylvania, on November 18, 2008, docketed at 2008-6010 Civil Term. The Complaint filed in Potter County, Pennsylvania was thereafter withdrawn and a Complaint in Divorce was filed by Wife in Cumberland County, Pennsylvania on February 18, 2009, docketed at 2009-990 Civil Term. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent 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. 2. The parties have attempted to divide their marital property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. ~ B Page 1 of 14 ., 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other acfiivity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benef t 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 is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each parry to the Agreement acknowledges and declares that he or she, respectively: ar is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement aad of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving the advice of counsel; Page 2 of 14 d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all properly that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501, and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regazd to the rights of each Party. 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code or any other law relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. Page3of14 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a foil and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The jointly owned real estate owned by the parties at 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania will become the sole property of WIPE. HUSBAND shall execute a Quit Claim Deed in favor of WIFE upon WIFE obtaining refinancing in her name alone. WIFE will be solely responsible for the aforementioned real estate and will hold HUSBAND harmless from any liability which may arise from the date of the refinancing. WIFE will refinance the mortgage in her name alone as soon as possible. 8. DEBTS: HUSBAND shall be solely responsible for all debts solely in his own name Page4of14 including but not limited to personal loans, charge accounts, and credit cards. WII~`E will be solely responsible for her own credit card debts. Both parties represent and warrant to the other that neither has incanted and will not incur in the future contract or incur, any debt of liability for which the other or the estate of the othex might be responsible. WIFE agrees to accept full responsibility fox the Chase credit card account. HUSBAND and WIFE agree that no marital debt, other than the mortgage, exists. 9. ALIMONY: HUSBAND and WIFE agree that HUSBAND shall pay to WIFE an amount equivalent to $7,000. 0 per month less Husband's then-current military r~~~pk ,b~2. C retirement disbursement to wife and ~ee~err$3~. For a period of forty-eight months from the date of execution of this Agreement, the Alimony payment shall benon-modifiable and sha11 not terminate except upon remarriage of Wife. After forty-eight months from the date of execution of this Agreement, Alimony maybe modified or terminated as provided under the Pennsylvania Divorce Code. 10. MILTARY RETIREMENT: A} Wife's Social Security Number is 220-52-6074. B) Husband's Social Security Number is 214-82-6575. C) This Agreement and the Divorce Decree that sha11 be issued pursuant to it are in conformity with the Servicemembers' Civil Relief Act. Page5of14 D) The parties' marriage overlapped Husband's military service by more than ten years during creditable military service. E) Wife shall receive 44% per month from Husband's military retirement as Wife's sole and separate property, payable from Husband's disposable retired or retainer pay, and Wife shall further receive 44% of any future cost of living increases in said retirement retainer pay, computed from the gross sum thereof. For the purpose of interpreting this Agreement and making the divisions set forth, "military retirement" includes retired pay paid or to which Husband should be entitled for longevity of active duty and/or reserve component military service and all payments paid or payable under the provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions ate applied (except far deductions because of an election to provide a survivor benefit annuity to Wife}. It also includes all amounts of retired pay Husband actually or constructively waives or forfeits in any manner and for any reason or purpose, including but not limited to any waiver made to qualify for Veterans Administration benefits, or reduction in pay or benefits because of other federal employment, and any waiver arising from Husband electing not to retire despite being qualified to retire. It also includes any sum taken by Husband in addition to ar in lieu of retirement benefits, including but not limited to exit bonuses, voluntary separation incentive pay, special separation benefits, or any other form of compensation distributable to separation from military service instead of or in addition to payment of the military retirement benefits normally payable to a retired member, except that the percentage of such benefits payable to Wife shall have to be recalculated to take in to account that fewer Page 6 of 14 than 240 months of total service have accrued. All sums payable to Wife as a portion of military retirement shall be payable from Husband's disposable retired or retainer pay to the extent that it is so restricted by law. Said payments shall be made by direct deposit through the Defense Finance and Accounting Service disbursing office, its agent, or any future entity that handles the payment of military retirement benefits. Nothing in this Agreement shall be construed to adversely affect Wife's rights or entitlements under the Uniform Services Formal Spouses Protection Act, 10 U.S.C Section 1408 et seq. or Social Security law. The Parties agree to cooperate by completing any future documents or taking any future actions that are necessary to effectuate the purpose of this paragraph. 11. PERSONAL, PROPERTY: The parties agree that they will amicably divide the personal property among themselves. WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest, which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Notwithstanding any other provisions ui this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee Page 7 of 14 of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or maybe required to pay on account of such lien or encumbrance. 12. AUTOMOBILES: The parties aclaiowledge that HUSBAND and WIFE have and shall retain sole and exclusive ownership of their own vehicles. 13. INTANGIBLE PERSONAL PROPERTY: The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing of this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other rights on such polices to the respective party who presently owns such policy. Further, the parties agree that Husband will retain. his 401(k) account from Southwest Airlines as well as his profit sharing account from Southwest Airlines. Wife waives any and all interest she may now have or may have in the future therein. The parties also agree that wife will retain all of the equity in the marital home mentioned in paragraph seven (7) above. Husband waives any and all interest he may now have or may have in the future therein. Page 8 of 14 14. SUBSEQUENTLY ACOUIItED PROPERTY: HUSBAND and WIFE agree to waive and relinquish any and all other rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. HUSBANA and WIFE specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 15. IlWESTMENTS. IRA'S: HUSBAND agrees to roll over Ten Thousand Dollars ($10,000.00) from his traditional IRA into WIFE'S Roth IRA.. HUSBAND hereby agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in WIFE's pension through her present or prior employment. HUSBAND hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that WIFE may have in her individual name or may have secured through her present or prior employment. 16. LIFE INSURANCE: The parties agree that HUSBANA shall maintain life insurance with a benefit level of at Least one million dollars ($1,000,000.00) with WIFE as the irrevocable beneficiary. HUSBAND shall provide WIFE proof of the life insurance coverage upon request by WIFE. Each party shall retain ownership of his or her own life insurance policies. The parties agree that HUSBAND shall maintain his present levels of life insurance and the present beneficiaries of said insurance. Each party agrees Page 9 of 14 to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policy. 17. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. HUSBAND agrees to waive all interest, which he has in any bank accounts of the WIFE. 18. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and Legal fees of the party who is seeking the divorce. The parties shall simultaneously with the signing of this Agreement, execute Affidavitts of Consents and Waivers of Notice of Intention to Request Entry of Divorce Decree. Said documents shall be filed with the court and counsel for the WIFE will file a Praecipe to Transmit Record and obtain a divorce decree. 19. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. Page !0 of 14 ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 24. PRIOR AGREEMENTS: It is understood and agreed that any and all properly settlement agreements which may or have been executed prior to the date and time of this Page 11 of 14 Agreement are null and void and of no effect. 25. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs required to obtain and complete the divorce. 26. WAIVER OF CLAIMS AGAINST ESTATES: 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, curtesy, 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, at the request of the other, execute, aclrnowledge 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. 27. MODIFICATION: No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 28. SEVERABILITY: If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being Page 12 of 14 impaired or invalidated in any way. 29. AGREEMENT NOT TO BE MERGED: This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity aze specifically not waived or released. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WI ES: ALLEN COBB ~~ K COBB Page 13 of 14 S. COMMONWEALTH OF PENNSYLVANIA SS :COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this ~ day of I~ 2010, a Notary Public, in and for the Commonwealth of Pennsylvania and Co rY of Cumberland, LYNN ALLEN COBB, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF,1 have hereunto set my hand and official seal. otary P 'c COMMONWEALTH OF PENNSYLVAI~TIA TM of ~vNSnv~ww No~IM seal ~oct '11~p , ~G~urnl,. PuDMc ~bo~~ean~atarpt ~p M«nb~r, P~wnylwnM AaooMpen SS :COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this Z~ day of , 2010, a Notary Public, in and for the Commonwealth of Pennsylvania and unty of Cumberland, ALLAN FRANK COBB, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage ,Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, l have hereunto set my hand and official seal. otary Publi Z:\ClientslCobb, Alan\MAS8.wpd ~...T~+ of ~nvusnvoNiA Ndwid Sad GonnMalon Q't~D~~ C0i1'b' save. ~ zoo INembe-, Pennsylv~nla AssochUon of Notertes Page 14 of 14 LYNN ALLEN COBB, Plaintiff v. ALLAN FRANK COBB, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-990 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ADDENDUM TO MARRIAGE SETTLEMENT ,,,,,~QA,, GREEMENT DATED AUGUST 2, 2010 AND NOW this "''day of September, 2012, the Marriage Settlement Agreement dated August 2, 2010, by and between Lynn Allen Cobb, (hereinafter referred to as "WIFE") and Allan Frank Cobb, (hereinafter referred to as "HUSBAND") shall be amended as it pertains to Paragraph 15. Investments, IRA's as follows: HUSBAND agrees to transfer Ten Thousand Dollars ($10,000.00) from his traditional IRA into Wife's traditional IRA. HUSBAND hereby agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in WIFE's pension through her present or prior employment. HUSBAND hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that WIFE may have in her individual name or may have secured through her present or prior employment. HUSBAND agrees to transfer the following funds to WIFE's Fidelity Traditional Advisor Freedom 20-30 Account #xxxx-xxxxxxx 1260: 1. Fidelity Advisor Strategic Income Fund, Traditional IRA #XXXX- X~~XXXX 1526 (All Shares); and 2. Enough shares in Fidelity Advisor New Insights Fund, Traditional IRA#XXXX- X~~D~X1526 to make up the remaining balance to equal a sum of $10,000.00. The remainder of the Marriage Settlement Agreement entered into by and between the IXHIBIT CJ parties dated August 2, 2010, shall remain in full force and effect. A copy of the Marriage Settlement Agreement dated August 2, 2010, is attached hereto as Exhibit "A". IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESES: ~~ v ~~~ ~ ~~, T L LEN C B ALL RANK COBB CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct. copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Sean M Shultz Esquire Saidis Sullivan & Rogers 26 West High Street Carlisle PA 17013 ~• Mark A. Mateya, squire 55 W. Church Avenue Carlisle, PA 17013 (717)241-6500 (717) 241-3099 Fax Dated: ~ l ~ ~ ~ Z. LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA . c ~ NO. 2009-990 CIVIL TERM ~_o r' CIVIL ACTION -LAW z n°Ji o ~ T ALLAN FRANK COBB, ~ ~ N ~ - Defendant. : IN DIVORCE q ~ MENT TO PETITION TO AMEND MARRIAGE SETTE~4' = ~: ~` AMEND AGREEMENT DATED AUGUST 2, 2010 AND DIVORCE DREW --r cn j -.~~ .~- Defendant Allan Frank Cobb, by and through his undersigned attorney, amends his ~`~~ Petition to Amend Marriage Settlement Agreement Dated August 2, 2010 and Divorce Decree to comply with Local Rule 208.3(a)(2) and Local Rule 208.3(a)(9). Specifically, Allen Cobb states the following: 1. Judge M.L. Ebert, Jr. was the judge who signed the divorce decree in this matter. To the best of Defendant's knowledge, no other judge has ruled upon any other issue in this or any related matter. 2. Attorney Mateya sought concurrence from plaintiff s attorney, Sean M. Shultz, of Saidis, Sullivan & Roger, 26 West High Street, Carlisle, PA 17013. Mr. Shultz concurs in the Petition to Amend the Marriage Settlement Agreement dated August 2, 2010 and Divorce Decree. Date: II 2l ~2 Respectfully submitted, ~~ Mazk A. Mateya PA Attorney ID No. 78931 55 W. Church Avenue Carlisle PA 17013 (717) 241-6500 (717) 241-3099 Fax Attorney for Defendant Allan Frank Cobb ~ .. CERTIFICATE OF SERVICE I, Mazk A. Mateya, hereby certify that on November 21, 2012, I served a copy of the foregoing document, Amendment to Petition to Amend Marriage Settlement Agreement Dated August 2, 2012 and Divorce Decree on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Sean M Shultz Esquire Saidis Sullivan & Rogers 26 West High Street Carlisle PA 17013 Mazk A. Mateya LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 2009-990 CIVIL TERM i._, CIVIL ACTION -LAW `~' '~ ~'~ ALLAN FRANK COBB, -o~ N .;;~ ~.; Defendant : IN DIVORCE z~ ® `*~'s" c r~ ~~ ~: F--- x: ~: ~~ ~ ORDER p c; ~ ~ y AND NOW this ~~ day of ` ; ~ ~.-+ [...J ~-..:; N dy , 2012, upon consideration ohe re 'gin .., g Addendum to the Marriage Settlement Agreement dated August 2, 2010, by and between the parties, it is hereby ORDERED and DECREED that the Marriage Settlement Agreement dated August 2, 2010, is amended as follows: HUSBAND agrees to transfer the following funds to WIFE's Fidelity Traditional Advisor Freedom 20-30 Account #xxxx-xxxxxxx 1260: l . Fidelity Advisor Strategic Income Fund, Traditional IRA #XXXX- XXXXXXX1526 (All Shares); and 2. Enough shares in Fidelity Advisor New Insights Fund, Traditional IRA#XXXX- XXXx:XXX1526 to make up the remaining balance to equal a sum of $10,000.00. The remainder of the Marriage Settlement Agreement entered into by and between the parties dated August 2, 2010, shall remain in full force and effect. An Amended Divorce Decree shall bf; issued to reflect the Amendment to the Marriage Settlement Agreement. a'~" _' 9 ~~.~ ~' BY THE COURT: ~~ J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lynn Allen Cobb V. Allan Frank Cobb AMENDED DIVORCE DECREE AND NOW, N 0V ~~ ~.~ ~~. , it is ordered and decreed that Lynn Allen Cobb plaintiff, and Allan Frank Cobb bonds of matrimony. NO. 2009-990 defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement dated August 2, 2010, and the Addendum to the Marriage Settlement Agreement dated September 6, 2012, are hereby incorporated, but not merged into the Divorce Decree By the Court, ~~ -~ ,,~ Attest: ~ d r-, _ ~-~ ~ ~~ ! ~---- - Prath(onotary .. o C~r~. ~ ~ LAW OFFICES OF PETER J. RUSSO, P.C. BY: Jennifer Spears Brenize, Esquire PA Supreme Court ID: 87445 Email: jspearsbrenize@pjrlaw.com 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591 -1755 Facsimile: (717) 591 -1756 Attorneys for Defendant/Petitioner LYNN ALLEN COBB, Plaintiff /Respondent v. ALLAN FRANK COBB, Defendant/Petitioner f4APR f 1 FM 2: CUMBERLAND CUL . i T T PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2009 -990 CIVIL TERM : IN DIVORCE PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT AND NOW, comes Petitioner, Allan Frank Cobb, by and through his attorneys, and represents as follows: 1. Petitioner is Allan Frank Cobb, who currently resides at 890 College Parkway, Rockville, Montgomery County, Maryland. 2. Respondent is Lynn Allen Cobb, who currently resides at 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties entered into a Marriage Settlement Agreement (hereinafter referred to as "the Agreement ") on August 2, 2010, a copy of which is attached hereto as Exhibit A. 4. A Divorce Decree was entered by the Honorable M. L. Ebert, Jr. on August 12, 2010, which incorporated, but not merged, the Marriage Settlement Agreement. A copy of the Decree is attached hereto as Exhibit B. 5. Under Paragraph 7 of the Agreement, Husband was to execute a quitclaim deed of the jointly held real estate (hereinafter "marital residence") in favor of Wife "upon Wife obtaining refinancing in her name alone." 6. For reasons unknown to Petitioner, his former attorney, Mark A. Mateya, Esquire, recorded the quitclaim deed in February of 2011, although Respondent had not refinanced the mortgage on the marital residence. 7. Paragraph 7 further states that, "Wife will refinance the mortgage in her name alone as soon as possible." 8. To date, Husband has requested several times, including a last attempt by letter on October 9, 2013, a copy of which is attached as Exhibit C, that Respondent refinance the mortgage to remove him from liability, and Respondent has failed or refused to do so. 9. Husband requests this Honorable Court to order Respondent to refinance the joint liability on the marital residence within 60 days, or list the house for sale based on recommendations by a Realtor for listing price, etc. 10. The Honorable M. L. Ebert, Jr. signed the Divorce Decree in this matter. 11. Respondent is not believed to be represented by counsel currently, however a courtesy copy of this Petition is being served upon her former attorney, Sean M. Shultz, Esquire. WHEREFORE, Petitioner requests this Honorable Court order and direct Wife to refinance the joint liability on 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania within 60 days, or list the property for sale if she cannot refinance currently. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Date: By: Jennifer Spears Brenize, Esqu PA Supreme Court ID: 87445 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Attorneys for Defendant/Petitioner VERIFICATION I, Allan Frank Cobb, Petitioner, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: C 4- Allan ank Cobb, Petitioner EXHIBIT A MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this Z day of ALI v5 F , 2010, by and between LYNN ALLEN COBB, (hereinafter referred to as "WIFE ") and ALLAN FRANK COBB, (hereinafter referred to as "HUSBAND "). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 29, 1984, in Ellicott City, Maryland, and separated in June 2008. WIFE filed a Divorce Action in Potter County, Pennsylvania, on November 18, 2008, docketed at 2008 -6010 Civil Term. The Complaint filed in Potter County, Pennsylvania was thereafter withdrawn and a Complaint in Divorce was filed by Wife in Cumberland County, Pennsylvania on February 18, 2009, docketed at 2009 -990 Civil Term. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent 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. 2. The parties have attempted to divide their marital property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Page 1 of 14 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit 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 is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving the advice of counsel; Page 2 of 14 d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501, and that is referred to in this Agreement as "Marital Property", between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code or any other law relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. Page 3 of 14 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The jointly owned real estate owned by the parties at 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania will become the sole property of WIFE. HUSBAND shall execute a Quit Claim Deed in favor of WIFE upon WIFE obtaining refinancing in her name alone. WIFE will be solely responsible for the aforementioned real estate and will hold HUSBAND harmless from any liability which may arise from the date of the refinancing. WIFE will refinance the mortgage in her name alone as soon as possible. 8. DEBTS: HUSBAND shall be solely responsible for all debts solely in his own name Page 4 of 14 including but not limited to personal loans, charge accounts, and credit cards. WIFE will be solely responsible for her own credit card debts. Both parties represent and warrant to the other that neither has incurred and will not incur in the future contract or incur, any debt of liability for which the other or the estate of the other might be responsible. WIFE agrees to accept full responsibility for the Chase credit card account. HUSBAND and WIFE agree that no marital debt, other than the mortgage, exists. 9. ALIMONY: HUSBAND and WIFE agree that HUSBAND shall pay to WIFE an amount equivalent to $7,000.0 per month less Husband's then - current military ears e k10. .2.c • retirement disbursement to wife and seii For a period of forty-eight months from the date of execution of this Agreement, the Alimony payment shall be non - modifiable and shall not terminate except upon remarriage of Wife. After forty -eight months from the date of execution of this Agreement, Alimony may be modified or terminated as provided under the Pennsylvania Divorce Code. 10. MILTARY RETIREMENT: A) Wife's Social Security Number is 220 -52 -6074. B) Husband's Social Security Number is 214 -82- 6575. C) This Agreement and the Divorce Decree that shall be issued pursuant to it are in conformity with the Servicemembers' Civil Relief Act. Page 5 of 14 L D) The parties' marriage overlapped Husband's military service by more than ten years during creditable military service. E) Wife shall receive 44% per month from Husband's military retirement as Wife's sole and separate property, payable from Husband's disposable retired or retainer pay, and Wife shall further receive 44% of any future cost of living increases in said retirement retainer pay, computed from the gross sum thereof. For the purpose of interpreting this Agreement and making the divisions set forth, "military retirement" includes retired pay paid or to which Husband should be entitled for longevity of active duty and/or reserve component military service and all payments paid or payable under the provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied (except for deductions because of an election to provide a survivor benefit annuity to Wife). It also includes all amounts of retired pay Husband actually or constructively waives or forfeits in any manner and for any reason or purpose, including but not limited to any waiver made to qualify for Veterans Administration benefits, or reduction in pay or benefits because of other federal employment, and any waiver arising from Husband electing not to retire despite being qualified to retire. It also includes any sum taken by Husband in addition to or in lieu of retirement benefits, including but not limited to exit bonuses, voluntary separation incentive pay, special separation benefits, or any other form of compensation distributable to separation from military service instead of or in addition to payment of the military retirement benefits normally payable to a retired member, except that the percentage of such benefits payable to Wife shall have to be recalculated to take in to account that fewer Page 6 of 14 than 240 months of total service have accrued. All sums payable to Wife as a portion of military retirement shall be payable from Husband's disposable retired or retainer pay to the extent that it is so restricted by law. Said payments shall be made by direct deposit through the Defense Finance and Accounting Service disbursing office, its agent, or any future entity that handles the payment of military retirement benefits. Nothing in this Agreement shall be construed to adversely affect Wife's rights or entitlements under the Uniform Services Formal Spouses Protection Act, 10 U.S.0 Section 1408 et seq. or Social Security law. The Parties agree to cooperate by completing any future documents or taking any future actions that are necessary to effectuate the purpose of this paragraph. 11. PERSONAL PROPERTY: The parties agree that they will amicably divide the personal property among themselves. WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest, which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee Page 7 of 14 of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 12. AUTOMOBILES: The parties acknowledge that HUSBAND and WIFE have and shall retain sole and exclusive ownership of their own vehicles. 13. INTANGIBLE PERSONAL PROPERTY: The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing of this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other rights on such polices to the respective party who presently owns such policy. Further, the parties agree that Husband will retain his 401(k) account from Southwest Airlines as well as his profit sharing account from Southwest Airlines. Wife waives any and all interest she may now have or may have in the future therein. The parties also agree that wife will retain all of the equity in the marital home mentioned in paragraph seven (7) above. Husband waives any and all interest he may now have or may have in the future therein. Page 8 of 14 14. SUBSEQUENTLY ACQUIRED PROPERTY: HUSBAND and WIFE agree to waive and relinquish any and all other rights 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. 15. INVESTMENTS, IRA'S: HUSBAND agrees to roll over Ten Thousand Dollars ($10,000.00) from his traditional IRA into WIFE'S Roth IRA. HUSBAND hereby agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in WIFE's pension through her present or prior employment. HUSBAND hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that WIFE may have in her individual name or may have secured through her present or prior employment. 16. LIFE INSURANCE: The parties agree that HUSBAND shall maintain life insurance with a benefit level of at least one million dollars ($1,000,000.00) with WIFE as the irrevocable beneficiary. HUSBAND shall provide WIFE proof of the life insurance coverage upon request by WIFE. Each party shall retain ownership of his or her own life insurance policies. The parties agree that HUSBAND shall maintain his present levels of life insurance and the present beneficiaries of said insurance. Each party agrees Page 9 of 14 to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policy. 17. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. HUSBAND agrees to waive all interest, which he has in any bank accounts of the WIFE. 18. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. The parties shall simultaneously with the signing of this Agreement, execute Affidavits of Consents and Waivers of Notice of Intention to Request Entry of Divorce Decree. Said documents shall be filed with the court and counsel for the WIFE will file a Praecipe to Transmit Record and obtain a divorce decree. 19. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. Page 10 of 14 ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 24. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Page 11of14 Agreement are null and void and of no effect. 25. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs required to obtain and complete the divorce. 26. WAIVER OF CLAIMS AGAINST ESTATES: 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, curtesy, 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, 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. 27. MODIFICATION: No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 28. SEVERABILITY: If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being Page 12 of 14 impaired or invalidated in any way. 29. AGREEMENT NOT TO BE MERGED: This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: Page 13 of 14 COMMONWEALTH OF PENNSYLVANIA : SS :COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this 2 day of 2010, a Notary Public, in and for the Commonwealth of Pennsylvania and Co y of Cumberland, LYNN ALLEN COBB, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANA [ Notertal Seal Doy ll KHodcenberry, Notary Public Middlesex Tvirp., Cumberland County My Cornnti‘.sien Wires Sept 24, 2010 Pe.mr4y7;;;Tri—h;::oerr-ition of fliotarlea COMMONWEALTH OF PENNSYLVANIA : SS :COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this 2,0 day of 2010, a Notary Public, in and for the Commonwealth of Pennsylvania and ounty of Cumberland, ALLAN FRANK COBB, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. u8 COMMONWEALTH OF PENNSYLVAMA [ Notarial Seal Dlly M. H .00ckeiterry, Notary Public Mddiesex Iwp., Curribariand County My Conn',lsi.sice Expires Sept. 24, 2010 Fz2r.syivalia AswoletIon of Notwiet Z:\Clients\Cobb, Alari\MAS8.wpd Page 14 of 14 EXHIBIT B LYNN ALLEN COBB V. ALLAN FRANK COBB : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO 2009 -990 CIVIL TERM DIVORCE DECREE AND NOW, AUGUST 12 LYNN ALLEN COBB 2010 ALLAN FRANK COBB , it is ordered and decreed that , plaintiff, and , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None. ") The Marriage Settlement Agreement dated August 2, 2010, is hereby incorporated, but not merged, into this Decree. Certified Copy Issued: August 31, 2010 Date By the Court, M.L. Ebert, Jr. Attest: David D. Buell J. Protho otary EXHIBIT C MARTSON D EARDORFF VX'I.LI,IAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243 -3341 FACSIMILE (717) 243 -1850 INTERNET wwwmartsonlaw.com October 9, 2013 Ms. Lynn Cobb 1151 Allendale road Mechanicsburg, PA 17055 RE: Our File No. 15372.1 Dear Ms. Cobb: WILL F. MARTSON DAVID A. FITZSIMONS JOHN B. FOWLER III CHRISTOPHER E. RICE DANIEL K. DEARDORFF JENNIFER L SFCARs THOMAS J. WILLIAMS* SETH T. 1%fosr_BEY No V. Orro III KATIE J. MAXWELL HUBERT X. GILROY R. C. V:%NLANDINGHAM GEORGE B. FALLER JR.* 'BOARD Certneteo Crum. Ttwu. Srecuusr I have been retained by Allan Cobb to communicate with you regarding the refinance of the former marital residence, as is required under your Marriage Settlement Agreement dated August 2, 2010. Although there is no deadline for the refinancing to occur, three years have elapsed. We hereby request that you refinance the joint liens on the property within 90 days, or we will be forced to file a petition to compel your compliance with the Marriage Settlement Agreement. If you are unable to refinance, the court may direct you to list the property for sale. The deed has already been recorded and transferred to your name alone which should not have been done until the time of refinancing. Mr. Cobb has followed through on his obligations, and expects you will do the same in the time period requested in this letter. Should you wish to discuss this matter further, please have your attorney contact me. Very truly yours, MARTSON LAW OFFICES Je an} L. S ears P JLS /tde cc: Sean Shultz, Esquire Mr. Allan Cobb F:•FILES'.Clients\15372 Cobb `. 15372.1.Id.wpd INFORMATION • ADVICE • ADVOCACY SM LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. ALLAN FRANK COBB, : CIVIL ACTION - LAW : NO. 2009-990 CIVIL TERM Defendant/Petitioner • : IN DIVORCE CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I am on this day serving a copy of the foregoing documents upon the person(s) listed below via US First Class Mail, and addressed as follows: Date: Ms. Lynn Allen Cobb 1151 Allendale Road Mechanicsburg, PA 17055 Sean M. Shultz, Esquire Law Offices of Saidis, Sullivan & Rogers 635 North 12th Street, Suite 400 Lemoyne, PA 17043 . Strouphauer, Para ega LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ALLAN FRANK COBB, DEFENDANT : NO. 09-990 CIVIL IN RE: PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 15th day of April, 2014, upon consideration of the Defendant's Petition to Enforce Marriage Settlement Agreement, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested by Defendant should not be granted; 2. The Plaintiff will file an Answer on or before May 2, 2014; 3. Hearing/argument on the matter will be held on Monday, June 16, 2014, at 10:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 45velsA z7R..t.sso Sean Shultz, Esquire $/ynn Cobb, Plaintiff Jennifer Spears Brenize, Esquire Attorney for Defendant bas (J) .1> 0 --t (71 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff/Respondent v. ALLAN FRANK COBB, Defendant/Petitioner IN DIVORCE NOTICE TO PLEAD TO: ALLAN FRANK COBB, Defendant/Petitioner, YOU ARE HEREBY NOTIFIED to plead to the within New Matter within twenty days after service of this Answer and New Matter. FILED-OFF;CE OF THE PROTHONOTARY 2014 HAY -2 F'i CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION — LAW No. 2009-990 Date: May 2, 2014 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Respectfully submitted, SAIDIS, SULLIVAN GERS Sean M. Shultz, Esquire Attorney ID No. 90946 26 W. High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Plaintiff/Respondent Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff/Respondent CIVIL ACTION — LAW v. No. 2009-990 ALLAN FRANK COBB, Defendant/Petitioner IN DIVORCE ANSWER AND NEW MATTER TO PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT 2 AND NOW, this day of May, 2014, comes Plaintiff/Respondent, Lynn Allen Cobb, by and through her attorney, Sean M. Shultz, Esquire, and files the following Answer and New Matter to Petition to Enforce Marriage Settlement Agreement and in support thereof aver as follows: Admitted. 2. Admitted. 3 Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. It is admitted that Petitioner has requested that Respondent refinance the mortgage into her name to remove Petitioner from the liability. It is admitted that Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Respondent has not yet refinanced the mortgage into her name alone. It is denied, as implied by Paragraph 8 of the Petition, that Respondent must do anything more than make good faith, reasonable efforts to refinance the mortgage "as soon as possible" based upon the terms of the Agreement. 9. It is denied that this Honorable Court has the authority per the terms of the Agreement to order Respondent to refinance the joint liability on the marital residence or to order that the house be listed for sale because those are not the terms of the Agreement and the benefit of the bargain reached by the parties. 10. Admitted. 11. It is admitted that Respondent held such a belief. NEW MATTER 12. Paragraphs 1 through 11 are incorporated by reference. 13. Respondent had no control over the recording of the quit claim deed by Petitioner's previous legal counsel. 14. At the time of the recording of the quit claim deed by his counsel, Petitioner was under no obligation to have the quit claim deed recorded and could have refused to do so. 15. During the marriage, Respondent had put her career on hold in order to raise the parties' family. 16. Petitioner was aware that it would take Respondent several years to complete her schooling and increase her income sufficiently enough to qualify to refinance the mortgage into her name alone. Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 17. Respondent has made reasonable effort to refinance the mortgage. 18. In 2012, Respondent sought to refinance the mortgage as evidenced by the email confirmation she received from Foundation Financial Group. The email is attached hereto and made a part hereof as Exhibit A. 19. Respondent's application through Foundation Financial Group was eventually rejected due to Respondent's financial circumstances and due to the lack of a guarantee of continued alimony for a period of three years from the date of the application. 20. In 2013, Respondent began to seek financing to refinance the mortgage through the mortgage broker, Foote Capital. An email exchange between Respondent and Foote Capital is attached hereto and made a part hereof as Exhibit B. 21. Respondent has been advised by Foote Capital that due to appraisal requirements she will not be able to qualify for financing until work is completed on the installation of a radiant heating system in the home, which Respondent had initiated due to a lack of adequate heating in some zones of the house. A copy of an email exchange Respondent and Foote Capital is attached hereto and made a part hereof as Exhibit C. 22. The installer of the radiant heating system was injured, and the work on the system has been delayed. 23. Respondent plans to work with Foote Capital to refinance the mortgage as soon as the radiant heating system work is completed. WHEREFORE, Plaintiff/Respondent requests that this Honorable Court dismiss Petitioner's Petition to Enforce Marriage Settlement Agreement. Respectfully submitted, S, SULLIVAN & ROGERS Sean M. Shultz, Esquire Attorney ID No. 90946 2.6 W. High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Plaintiff/Respondent Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff/Respondent CIVIL ACTION — LAW v. No. 2009-990 ALLAN FRANK COBB, Defendant/Petitioner IN DIVORCE VERIFICATION I VERIFY that the statements set forth in the foregoing Answer and New Matter 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. Date: May vt , 2014 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Exhibit A Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Print https://us-mg5.mail.yahoo.com/neo/launch?.rand=b107dd4m9uv6k#783... Subject: Congratulations From: Marqulos A. Ricketts (mricketts@ffg.com) To: lynsmcb@yahoo.com; _.................. Bcc: .................... Date: Wednesday, June 27, 2012 5:05 PM ame@ffg.com; OUNDATIO N,. MORTGAGE;.s 1NSIJRAA .4 TIRF�IF_ :G It Congratulations Lynn on taking your first step in your financing needs! This letter is to confirm that we have received authorization from you to review your credit report and are working quickly to find a great loan program for you! We look forward to working with you and hope to exceed all of your needs. In addition, this communication confirms that you have agreed to receive all of your loan documents electronically and we will use this email address to provide documents to you. Currently, we are working diligently on your application and will be back in contact soon. We pride ourselves here at FFG not only with exceptional speed, but top notch customer service. If there is anything you need assistance with please do not hesitate to ask at any time throughout the entire loan process. As a mortgage lender who has closed OVER FOUR BILLION DOLLARS in mortgage loans, we have noticed that a large majority of our customers have been paying too much for their insurance needs. Due to their busy schedule, most people do not take the time to review their insurance policies. FFG's insurance affiliate can do all of the work for you! We are offering insurance reviews at no cost to our customers, and are confident that we can possibly provide a more comprehensive insurance policy at a lower price than what you are paying now! We have strategic partnerships with ALL the major inurance carriers so that you donieAt have to spend 15 minutes with each one to ensure you get the most competitive pricing. Just spend 15 minutes with FFG and we will find the lowest current price available! Who knew saving on insurance could be this simple? If you would like immediate assistance with your review, please call 866-334-9114 or click below to speak to one of our insurance professionals today, otherwise we will be in contact soon. If you would like to be contacted now about additional ways to save money, please confirm here: Yes, I want to be contacted. Affiliated Business Arrangement Disclosure This is to give you notice that Homeowners Mortgage of America, Inc. dba Foundation Financial Group who is your Lender ("Foundation Financial") has a business relationship with Foundation Insurance Services, LLC (the "Insurance Agency"). Because of this relationship, this referral may provide Foundation Financial a financial or other benefit. 1 of 4 4/27/2014 8:21 PM Print https://us-mg5.mail.yahoo.com/neo/launch?.rand=b107dd4m9uv61c#783... The Insurance Agency provides hazard insurance (homeownerfiy2s insurance), flood insurance or other casualty insurance on real property, among other products or services. You may receive an insurance quote on your property from the Insurance Agency. Of course, the ultimate cost of your insurance may vary due to many factors including the size, location, age of home and cost of your property. You are NOT required to use the Insurance Agency as a condition for your loan on the subject property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Settlement Service by Foundation Insurance Services, LLC Estimated Range of Charges -Annual Premium (Section L of HUD -1) Hazard Insurance .2% - 2.5% of Loan Amount Flood Insurance .2% -2.5% of Loan Amount NOTE: The above estimated range of charges shown is for the annual premium for insurance. An actual quote and acceptance by the Insurance Agency or its carrier is subject to the underwriting guidelines of the Insurance Agency or its carriers. If enhancements to the policy such as increased limits, safety hazards, scheduled articles, earthquake or hurricane coverages are required, the charge for the annual premium may be higher. ACKNOWLEDGMENT: I/We have read this disclosure form, and understand that Lender is referring me/us to purchase the above- described settlement services and may receive a financial or other benefit as the result of this referral. [Borrower] [Co-Borro e Marketing Opt -out — Homeowners Mortgage of America, Inc. DBA Foundation Financial Group is providing this notice. — Federal law gives you the right to limit some but not all marketing from our affiliates. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from our affiliates. — You may limit our affiliates in the Foundation Financial Holdings, Inc. group of companies, including; Foundation Insurance Services, LLC, Foundation Tax Services, LLC and Foundation Retirement Services, 2 of 4 4/27/2014 8:21 PM Print https://us-mg5.mail.yahoo.com/neo/launch?.rand=b107dd4m9uv6k#783... LLC, from marketing their products or services to you based on your personal information that we collect and share with them. This information includes; information you provided to us during your application process, including income information, and credit and account history with us. — Your choice to limit marketing offers from our affiliates will apply for 5 years from when you tell us your choice unless you later notify us that you have changed your choice. 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Through a vast array of philanthropic endeavors the company not only provides significant monetary donations but also fosters a workforce environment that encourages all learn members to personally make a difference. Foundation Financial is committed to its strong focus on customer service and community investment as it continues to grow and compete with the largest financial institutions in the world. 3 of 4 4/27/2014 8:21 PM Print https://us-mg5.mail.yahoo.com/neo/launch?.rand=b107dd4m9uv6k#783... 4 of 4 This e-mail and any files transmitted with it are intended solely for the use of the addressee. This e-mail may contain confidential and/or legally privileged information. My review, transmission, disclosure, copying, or any action taken or not taken, by other than the intended recipient, in reliance on the information, is prohibited. If you received this e-mail in error, notify the sender and delete this e-mail (and any accompanying material) from your computer and network. In addition, please be advised that Foundation Financial Group reserves the right to monitor access and review all messages, data and images transmitted through our electronic mail system. 4/27/2014 8:21 PM Exhibit B Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Print https://us-mg5.maiLyahoo.comineo/launch?.rand=b107dd4m9uv6k#478... Subject: Re: From: cobb lynn (lynsmcb@yahoo.com) To: skane@FooteCapital.com; Date: Wednesday, August 14, 2013 6:51 PM Hi Stephanie, Yes, I do want to do the refinance. I think I survived the class - don't have a grade yet. Pulled an all-nighter to finish before we left for the beach. It was the craziest class workwise that I have ever taken. I am sure it was a "weed out" class. Am at the beach now and will be back on Friday. Next week, my best day to see you is Tuesday (anytime). I can also come on Monday, Wed., or Thurs., after 3:30. School years completed: About 17 years (bachelor's plus some master's classes) House: Closed on it at end of June 2004 - actually moved in during August, but was ours at end of June CATU: Went full time in October of 2008. I have looked over the paper you sent me, and I believe I can have all of that information for you by next week. See you when I get back, and thanks so much for trying, Lynn From: Stephanie Chaplinski-Kane <skane@FooteCapital.com> To: cobb lynn <lynsmcb@yahoo.com> Sent: Monday, August 12, 2013 4:24 PM Subject: Hi Lynn, I hope you have survived your first class! I was wondering if you are still interested in doing the refinance. Just let me know when you have a second. Thanks! Stephanie Chaplinski-Kane Mortgage Advisor Foote Capital Mortgage Company 3 East Mulberry Avenue Carlisle, PA 17013 717-249-7500 x104 Office 717-249-7509 Fax 717-385-7413 Cell SKane@FooteCapital.com http;//www.FooteCapital.com http://www.facebook.com/FooteCapitalMortgage 1 of 2 4/27/2014 8:35 PM Print https://us-mg5.mail.yahoo.com/neo/launch?.rand=b107dd4m9uv61c#478... My business depends 100% on the referrals of your family, friends, co-workers and associates. If you know of anyone who may benefit from my services, please pass my name and number along. Thank You! ******°*** Confidential Electronic Mail Notice: The information contained in this message is intended only for the persons to whom it is addressed and may contain confidential or privileged material. If you received this message in error, please notify the sender and delete the entire message from any computer. **.~***°^^°~°**°**°***°°°°^°**°**° °°°^°°^*°°°****°°**°°**°°°^°**°**° Equal Housing Lender; Licensed by the PA Dept. of Banking; NMLS # 141153 2 of 2 4/27/2014 8:35 PM Exhibit C Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Print https://us-mg5.mail.yahoo.com/neo/launch?.rand—b107dd4m9uv6k#889.., Subject: RE: Mortgage Status From: Shaun Foote (sfoote@FooteCapital.com) To: lynsmcb@yahoo.com; Date: Friday, April 11, 2014 2:32 PM Okay...thanks for following up, Lynn . Hang on to my contact information and I look forward to hearing from you when you are ready to proceed. Shaun R. Foote President, Mortgage Advisor Foote Capital Mortgage Company ...your direct lender 17 East High Street, Suite 102 Carlisle, PA 17013 717-249-7500 x101 Office 717-249-7509 Fax 717-448-9123 Cell SFoote@FooteCapital.com http://www.FooteCapital.corn http://www.facebook.com/FooteCapitalMortgage My business depends 100% on the referrals of your family, friends, co-workers and associates. If you know of anyone who may benefit from my services, please pass my name and number along. Thank You! Confidential Electronic Mail Notice: The information contained in this message is intended only for the persons to whom it is addressed and may contain confidential or privileged material. If you received this message in error, please notify the sender and delete the entire message from any computer. ********************************************************************** Equal Housing Lender; NMLS # 134411 1 of 3 4/27/2014 8:44 PM Print 6upo://ue-mA5.maU.yuboo. zuud~b07dJ4mPom6b#8O0— From: cobbkmn[maUto: Sent: Friday, April 11, 2014 2:29 PM To: Shaun Foote Subject: Re: Mortgage Status Shaun, A late answer to your question... My house was quite warm this winter, so my heat worked well. For refinancing purposes, though, it is still incomplete. Due to the main installer breaking his leg, we got behind schedule. However, I do think that I will be ready to try at the end of the summer, and plan on coming to see you when ready. Thanks, Lynn Cobb On Tuesday, January 14, 2014 5:13 PM, Shaun Foote <sfoote@FooteCapital.com> wrote: Lynn, I remember when we spoke last in September you were still completing your radiant heating installation, but wanted to come back to Foote Capital to refinance your home upon the completion of this work. Please advise me on the status of this work and when you would like to move forward with your refinance. I hope all is well... bestwishes! Shaun R. Foote President, Mortgage Advisor Foote Capital Mortgage Company ...your direct lender 17 East High Street, Suite 102 Carlisle, PA 17013 717-240-75UOx101Office 717-249-7509 Fax 717-448-9123 Cell SFoote@FooteCapital.com http://www.FooteCapital.com http://www.facebook.com/FooteCapitalMortgage My business depends 100% on the referrals of your family, friends, co-workers and associates. If you know of anyone who may beneffrom my services, please pass my name and number along. Thank You! ********************************************************************** Confidential Electronic Mail Notice: 2 of 3 4/27/2014 8:44 PM Print https://us-mg5.mail.yahoo.com/neo/launch?sand=b107dd4m9uv6k#889... The information contained in this message is intended only for the persons to whom it is addressed and may contain confidential or privileged material. If you received this message in error, please notify the sender and delete the entire message from any computer. Equal Housing Lender; Licensed by the PA Dept. of Banking; NMLS # 134411 3 of 3 4/27/2014 8:44 PM Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff/Respondent CIVIL ACTION — LAW v. No. 2009-990 ALLAN FRANK COBB, Defendant/Petitioner IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of May, 2014, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Answer and New Matter to Petition to Enforce Marriage Settlement Agreement by first class, United States Mail, postage pre -paid, addressed as follows: Jennifer Spears Brenize, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, Pennsylvania 17050 Attorney for Defendant/Petitioner Respectfully submitted, S , SULLIV & ROGERS Sean M. Shultz, Esquire Attorney ID No. 90946 26 W. High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Plaintiff/Respondent LAW OFFICES OF PETER J. RUSSO, P.C. By: Jennifer Spears Brenize, Esquire PA Supreme Court ID: 87445 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Email: jspearsbrenize@pjrlaw.com Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Defendant/Petitioner 201 PENNS Yl. V NIACOU, LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. ALLAN FRANK COBB, Defendant/Petitioner : CIVIL ACTION - LAW : NO. 2009-990 CIVIL TERM : IN DIVORCE PETITIONER'S RESPONSE TO RESPONDENT'S NEW MATTER AND NOW, COMES the Petitioner, by and through his counsel, Jennifer Spears Brenize, Esquire, and the Law Offices of Peter J. Russo, P.C., and avers the following in support of his response to Respondent's New Matter: 12. Denied. The Pennsylvania Rules of Civil Procedure do not require a response to the averments contained in this paragraph. 13. Admitted. 14. Admitted in Part and Denied in Part. It is admitted that Petitioner was under no obligation to have the quit claim deed recorded, but it is denied that Petitioner was able to refuse to have the quit claim deed recorded because he was not aware that legal counsel was going to record the deed until after it was recorded; therefore, he was unable to refuse. 15. Admitted with clarification. It is admitted that during the marriage, Respondent put her career on hold in order to raise the parties' family. By way of further answer, this factor was considered by the parties in reaching the agreement set forth in their Marriage Settlement Agreement, and Petitioner had taken this into account before filing his Petition to Enforce Marriage Settlement Agreement. Moreover, it has been almost 4 years since the Agreement was entered into, which is more than a reasonable amount of time for Respondent to have refinanced. 16. Admitted with clarification. It is admitted that Petitioner was aware that it would take Respondent several years to complete her schooling and increase her income sufficiently enough to qualify to refinance the mortgage into her name alone. By way of further answer, Petitioner had taken this into account before filing his Petition to Enforce Marriage Settlement Agreement. Moreover, it has been almost 4 years since the Agreement was entered into, which is more than a reasonable amount of time for Respondent to have refinanced. Petitioner has no information as to the completion or progress of Respondent's schooling. 17. Denied. Specific proof thereof is demanded at trial. To the extent which an answer is required, Petitioner is without sufficient knowledge or information to form a belief as to the truth of Respondent's averment. 18. Denied. Specific proof thereof is demanded at trial. To the extent that an answer is required, even with the attached exhibit, Petitioner is without sufficient knowledge or information to form a belief as to the truth of Respondent's averment. 19. Denied. Specific proof thereof is demanded at trial. To the extent that an answer is required, Petitioner is without sufficient knowledge or information to form a belief as to the truth of Respondent's averment. 20. Denied. Specific proof thereof is demanded at trial. To the extent that an answer is required, even with the attached exhibit, Petitioner is without sufficient knowledge or information to form a belief as to the truth of Respondent's averment. 21. Denied. Specific proof thereof is demanded at trial. To the extent that an answer is required, even with the attached exhibit, Petitioner is without sufficient knowledge or information to form a belief as to the truth of Respondent's averment. 22. Denied. Petitioner is without sufficient knowledge or information to form a belief as to the truth of Respondent's averment. 23. Denied. Petitioner is without sufficient knowledge or information to form a belief as to the truth of Respondent's averment. Date: May 22, 2014 BY: Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Jen if r Spears Brenize, : quire PA Supreme Court ID: 8 445 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Defendant/Petitioner VERIFICATION I, Allan Frank Cobb, Petitioner, 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 perjury of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 5/3 P63— an i rank Cobb, Petitioner LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA • v. ALLAN FRANK COBB, Defendant/Petitioner : CIVIL ACTION - LAW : NO. 2009-990 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I have on this day served a true and correct copy of Petitioner's Response to Respondent's New Matter upon the following persons, in the manner indicated: FIRST CLASS MAIL Date: 51.9-3601-t Sean M. Shultz, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 LAW OFFICES OF PETER J. RUSSO, P.C. By: . Strouphauer, ralegal LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V ALLAN FRANK COBB, : 09-0990 CIVIL TERM Defendant/Petitioner IN RE: PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 16th day of. June, 2014, the parties having requested a continuance of this matter in order to allow Lynn Allen Cobb to re -finance the mortgage of the marital home, IT IS HEREBY ORDERED AND DIRECTED that hearing in this matter will now take place on January 7, 2015, at 10:00 a.m. By the Court, \.\M. L. Ebert, Jr., Sean 'M. Shultz, Esquire 'o Plaintiff/Respondent Jennifer Spears Brenize, Esquire For Defendant/Petitioner . mt f a LAW OFFICES OF PETER J. RUSSO, P.C. BY: Jennifer Spears Brenize, Esquire PA Supreme Court ID: 87445 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: jspearsbrenize@pjrlaw.com Attorneys for Defendant/Petitioner LYNN ALLEN COBB, Plaintiff/Respondent v. ALLAN FRANK COBB, Defendant/Petitioner ri/LEi; ii 4U0 7 PE/t/7/c",'JNO C C.VA /qr��'�' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2009-990 CIVIL TERM : IN DIVORCE PETITION FOR MODIFICATION OR TERMINATION OF ALIMONY AND NOW, this 25th day of August, 2014, comes Defendant/Petitioner, Allan Frank Cobb, by and through his attorneys, Jennifer Spears Brenize, Esquire, and the Law Offices of Peter J. Russo, P.C., and files the following Petition for Modification or Termination of Alimony, and in support thereof avers as follows: 1. Defendant/Petitioner is Allan Frank Cobb, an adult individual, who currently resides at 890 College Parkway, Rockville, Montgomery County, Maryland. 2. Plaintiff/Respondent is Lynn Allen Cobb, an adult individual, who currently resides at 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties entered into a Marriage Settlement Agreement (hereinafter referred to as "the Agreement") on August 2, 2010. A copy of the Agreement is attached hereto, and incorporated herein, as Exhibit "A." 4. A Divorce Decree (hereinafter referred to as "the Decree") was entered by the Honorable M. L. Ebert, Jr. on August 12, 2010, which incorporated, but did not merge, the Marriage Settlement Agreement. A copy of the Decree is attached hereto, and incorporated herein, as Exhibit "B." 5. Paragraph 9 of the Agreement entitled Alimony states: "Husband and Wife agree that Husband shall pay Wife an amount equivalent to $7,000.00 per month less Husband's then current military retirement disbursement to Wife under Paragraph 10. For a period of forty-eight months from the date of execution of this Agreement, the Alimony payment shall be non -modifiable and shall not terminate except upon remarriage of Wife. After forty-eight months from the date of execution of this Agreement, Alimony may be modified or terminated as provided under the Pennsylvania Divorce Code." 6. Moreover, Paragraph 10 of the Agreement entitled Miltary [sic] Retirement states in part: "Wife shall receive 44% per month from Husband's military retirement as Wife's sole and separate property, payable from Husband's disposable retired or retainer pay, and Wife shall further receive 44% of any future cost of living increases in said retirement retainer pay, computed from the gross sum thereof. 7. Defendant/Petitioner believes, and therefore avers, that Plaintiff/Respondent has been cohabiting with Mr. Steven T. Lee. 8. 23 Pa.C.S.A. §3706 of the Divorce Code states: "No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity." 9. Since the Agreement clearly states that alimony can be modified or terminated as provided under the Pennsylvania Divorce Code, Defendant/Petitioner believes, and therefore avers, that alimony should be terminated due to Plaintiff's/Respondent's cohabitation, and/or modified due to such other reasons that may appear after discovery, should Defendant's Motion for Leave of Court to Conduct Discovery be granted. 10. Defendant/Petitioner will contemporaneously file a Motion for Leave of Court to Conduct Discovery along with this Petition. 11. Should Defendant/Petitioner be granted adequate time to conduct discovery, Defendant/Petitioner respectfully requests that upon completion of discovery, a hearing be scheduled in regard to this matter. 12. Pursuant to Cumberland County Local Rule 208.3(a)(2), it is the assertion of undersigned counsel that the Honorable M. L. Ebert, Jr. is the only judge to have ruled on this matter. 13. Pursuant to Cumberland County Local Rule 208.3(a)(9), Counsel for Defendant/Petitioner contacted Counsel for Plaintiff/Respondent regarding the within Petition, and to date, Counsel for Plaintiff/Respondent has yet to respond as to whether or not they concur with our request. WHEREFORE, Defendant/Petitioner requests this Honorable Court schedule a hearing in Courtroom 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. By: Date: 6-7C/ Lf Jennifer Spears Brenize, Esqire PA Supreme Court ID: 87445 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Defendant/Petitioner VERIFICATION I, Allan Frank Cobb, Defendant/Petitioner, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 19 A u b--Aig r ) Allan Fra tk Cobb, Defendant/Petitioner EXHIBIT "A" L MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this Z day of Ai 5% , 2010, by and between LYNN ALLEN COBB, (hereinafter referred to as "WIFE") and ALLAN FRANK COBB, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 29, 1984, in Ellicott City, Maryland, and separated in June 2008. WIFE filed a Divorce Action in Potter County, Pennsylvania, on November 18, 2008, docketed at 2008-6010 Civil Term. The Complaint filed in Potter County, Pennsylvania was thereafter withdrawn and a Complaint in Divorce was filed by Wife in Cumberland County, Pennsylvania on February 18, 2009, docketed at 2009-990 Civil Term. The parties hereto agree and covenant as follows: I . The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent 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. 2. The parties have attempted to divide their marital property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Page 1 of 14 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit 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 is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving the advice of counsel; Page 2 of 14 d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501, and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code or any other law relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. Page 3 of 14 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that be or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The jointly owned real estate owned by the parties at 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania will become the sole property of WIFE. HUSBAND shall execute a Quit Claim Deed in favor of WIFE upon WIFE obtaining refinancing in her name alone. WIFE will be solely responsible for the aforementioned real estate and will hold HUSBAND harmless from any liability which may arise from the date of the refinancing. WIFE will refinance the mortgage in her name alone as soon as possible. 8. DEBTS: HUSBAND shall be solely responsible for all debts solely in his own name Page 4 of 14 including but not limited to personal loans, charge accounts, and credit cards. WIFE will be solely responsible for her own credit card debts. Both parties represent and warrant to the other that neither has incurred and will not incur in the future contract or incur, any debt of liability for which the other or the estate of the other might be responsible. 'WIFE agrees to accept full responsibility for the Chase credit card account. HUSBAND and WIFE agree that no marital debt, other than the mortgage, exists. 9. ALIMONY: HUSBAND and WIFE agree that HUSBAND shall pay to WIFE an amount equivalent to $7,000.0 per month less Husband's then -current military Qa��4�Ya L t o. 02. C . retirement disbursement to wife and scrgetl Sat For a period of forty-eight months from the date of execution of this Agreement, the Alimony payment shall be non -modifiable and shall not terminate except upon remarriage of Wife. After forty-eight months from the date of execution of this Agreement, Alimony may be modified or terminated as provided under the Pennsylvania Divorce Code. 10. MILTARY RETIREMENT: A) Wife's Social Security Number is 220-52-6074. B) Husband's Social Security Number is 214-82-6575. C) This Agreement and the Divorce Decree that shall be issued pursuant to it are in conformity with the Servicemembers' Civil Relief Act. Page 5 of 14 D) The parties' marriage overlapped Husband's military service by more than ten years during creditable military service. E) Wife shall receive 44% per month from Husband's military retirement as Wife's sole and separate property, payable from Husband's disposable retired or retainer pay, and Wife shall further receive 44% of any future cost of living increases in said retirement retainer pay, computed from the gross sum thereof. For the purpose of interpreting this Agreement and making the divisions set forth, "military retirement" includes retired pay paid or to which Husband should be entitled for longevity of active duty and/or reserve component military service and all payments paid or payable under the provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied (except for deductions because of an election to provide a survivor benefit annuity to Wife). It also includes all amounts of retired pay Husband actually or constructively waives or forfeits in any manner and for any reason or purpose, including but not limited to any waiver made to qualify for Veterans Administration benefits, or reduction in pay or benefits because of other federal employment, and any waiver arising from Husband electing not to retire despite being qualified to retire. It also includes any sum taken by Husband in addition to or in lieu of retirement benefits, including but not limited to exit bonuses, voluntary separation incentive pay, special separation benefits, or any other form of compensation distributable to separation from military service instead of or in addition to payment of the military retirement benefits normally payable to a retired member, except that the percentage of such benefits payable to Wife shall have to be recalculated to take in to account that fewer Page 6 of 14 than 240 months of total service have accrued. All sums payable to Wife as a portion of military retirement shall be payable from Husband's disposable retired or retainer pay to the extent that it is so restricted by law. Said payments shall be made by direct deposit through the Defense Finance and Accounting Service disbursing office, its agent, or any future entity that handles the payment of military retirement benefits. Nothing in this Agreement shall be construed to adversely affect Wife's rights or entitlements under the Uniform Services Formal Spouses Protection Act, 10 U.S.0 Section 1408 et seq. or Social Security law. The Parties agree to cooperate by completing any future documents or taking any future actions that are necessary to effectuate the purpose of this paragraph. 11. PERSONAL PROPERTY: The parties agree that they will amicably divide the personal property among themselves. WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest, which he has in the personal property of the WIFE, Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee Page 7 of 14 of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 12. AUTOMOBILES: The parties acknowledge that HUSBAND and WIFE have and shall retain sole and exclusive ownership of their own vehicles. 13. INTANGIBLE PERSONAL PROPERTY: The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing of this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other rights on such polices to the respective party who presently owns such policy. Further, the parties agree that Husband will retain his 401(k) account from Southwest Airlines as well as his profit sharing account from Southwest Airlines. Wife waives any and all interest she may now have or may have in the future therein. The parties also agree that wife will retain all of the equity in the marital home mentioned in paragraph seven (7) above. Husband waives any and all interest he may now have or may have in the future therein. Page 8 of 14 14. SUBSEQUENTLY ACQUIRED PROPERTY: HUSBAND and WIFE agree to waive and relinquish any and all other rights 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. 15. INVESTMENTS, IRA'S: HUSBAND agrees to roll over Ten Thousand Dollars ($10,000.00) from his traditional IRA into WIFE'S Roth IRA. HUSBAND hereby agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in WIFE's pension through her present or prior employment. HUSBAND hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that WIFE may have in her individual name or may have secured through her present or prior employment. 16. LIFE INSURANCE: The parties agree that HUSBAND shall maintain life insurance with a benefit level of at least one million dollars ($1,000,000.00) with WIFE as the irrevocable beneficiary. HUSBAND shall provide WIFE proof of the life insurance coverage upon request by WIFE. Each party shall retain ownership of his or her own life insurance policies. The parties agree that HUSBAND shall maintain his present levels of life insurance and the present beneficiaries of said insurance. Each party agrees Page 9 of 14 to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policy. 17. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. HUSBAND agrees to waive all interest, which he has in any bank accounts of the WIFE. 18. DIVORCE: The pat -ties both agree to cooperate with each other in obtaining a final divorce of the marriage. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. The parties shall simultaneously with the signing of this Agreement, execute Affidavits of Consents and Waivers of Notice of Intention to Request Entry of Divorce Decree. Said documents shall be filed with the court and counsel for the WIFE will file a Praecipe to Transmit Record and obtain a divorce decree. 19. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. Page 10 of 14 ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 24. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Page 11 of 14 Agreement are null and void and of no effect. 25. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs required to obtain and complete the divorce. 26. WAIVER OF CLAIMS AGAINST ESTATES: 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, curtesy, 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, 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. 27. MODIFICATION: No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 28. SEVERABILITY: If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being Page 12 of 14 impaired or invalidated in any way. 29. AGREEMENT NOT TO BE MERGED: This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: Page 13 of 14 COMMONWEALTH OF PENNSYLVANIA : SS :COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this Z day of 2010, a Notary Public, in and for the Commonwealth of Pennsylvania and Co >l fty of Cumberland, LYNN ALLEN COBB, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA Nodal Seal [lolly M. Hodcenbarry, Notary Public IJliddleseXTa .,DurnlYcrtandCounty My Cohtn tss!on ixplres Sept 24, 2010 G 1:.[veru F.::ocle.tron of Notaries : SS :COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this 2�� day of CI,5 4-- 2010, a Notary Public, in and for the Commonwealth of Pennsylvania and ounty of Cumberland, ALLAN FRANK COBB, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. C'.': MM f [WEALTH OF PENNSYLVANIA" Notarial Seal Daily N. Hcd enberry, Notary Pudic Mddir"ex Twp., Cumbeframi County My Cam r- s Icn Explrt;s Scot 24, 2010 I A;tvaa'on of Noteriv: Z:\Clients\Cobb, AIan\MAS8.wpd Page 14 of 14 EXHIBIT "B" V. LYNN ALLEN COBB V. ALLAN FRANK COBB : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-990 CIVIL TERM DIVORCE DECREE 2010 AND NOW, AUGUST 12 , it is ordered and decreed that LYNN ALLEN COBB ALLAN FRANK COBB , plaintiff, and , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None?) The Marriage Settlement Agreement dated August 2, 2010, is hereby incorporated, but not merged, into this Decree. Certified Copy Issued: August 31, 2010 Date By the Court, M.L. Ebert, Jr. Attest: David D. Buell Protho otary LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ALLAN FRANK COBB, : NO. 2009-990 CIVIL TERM Defendant/Petitioner : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 25th day of August, 2014, I, Derek M. Strouphauer, Paralegal to Jennifer Spears Brenize, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing Petition for Modification or Termination of Alimony by mailing same via first class mail and addressed as follows: Sean M. Shultz, Esquire Law Offices of Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Attorneys for Plaintiff/Petitioner By: LAW OFFICES OF PETER J. RUSSO, P.C. `orilllO :I Derek- . .o ;o . _.�r�arale_ !+„_ 006 East Trind e Road, Suite 203 Mechanicsburg, Pennsylvania 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: glicol-2-C)) LAW OFFICES OF PETER J. RUSSO, P.C. BY: Jennifer Spears Brenize, Esquire PA Supreme Court ID: 87445 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: jspearsbrenize@pjrlaw.com Attorneys for Defendant 0. 1f;f; ( C(ff°i;E.rL nN PEMssY AN;A� Ti�, LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS OF Plaintiff, v. ALLAN FRANK COBB, Defendant, : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2009-990 CIVIL TERM : IN DIVORCE DEFENDANT'S MOTION FOR LEAVE OF COURT TO CONDUCT DISCOVERY AND NOW, this 25th day of August, 2014, comes Defendant, Allan Frank Cobb, by and through his attorneys, Jennifer Spears Brenize, Esquire, and the Law Offices of Peter J. Russo, P.C., and files the following Motion for Leave of Court to Conduct Discovery, and in support thereof avers as follows: 1. Defendant is Allan Frank Cobb, an adult individual, who currently resides at 890 College Parkway, Rockville, Montgomery County, Maryland. 2. Plaintiff is Lynn Allen Cobb, an adult individual, who currently resides at 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties entered into a Marriage Settlement Agreement (hereinafter referred to as "the Agreement") on August 2, 2010. A copy of the Agreement is attached hereto, and incorporated herein, as Exhibit "A." 4. A Divorce Decree (hereinafter referred to as "the Decree") was entered by the Honorable M. L. Ebert, Jr. on August 12, 2010, which incorporated, but did not merge, the Marriage Settlement Agreement. A copy of the Decree is attached hereto, and incorporated herein, as Exhibit "B." 5. Paragraph 9 of the Agreement entitled Alimony states: "Husband and Wife agree that Husband shall pay Wife an amount equivalent to $7,000.00 per month less Husband's then current military retirement disbursement to Wife under Paragraph 10. For a period of forty-eight months from the date of execution of this Agreement, the Alimony payment shall be non -modifiable and shall not terminate except upon remarriage of Wife. After forty-eight months from the date of execution of this Agreement, Alimony may be modified or terminated as provided under the Pennsylvania Divorce Code." 6. Moreover, Paragraph 10 of the Agreement entitled Miltary [sic] Retirement states in part: "Wife shall receive 44% per month from Husband's military retirement as Wife's sole and separate property, payable from Husband's disposable retired or retainer pay, and Wife shall further receive 44% of any future cost of living increases in said retirement retainer pay, computed from the gross sum thereof. 7. Defendant intends to file a Petition for Modification or Termination of Alimony (hereinafter referred to as "Petition") contemporaneously with the filing of this Motion. 8. Defendant's Petition will request that a hearing be scheduled. 9. It is believed, and therefore averred, that discovery in the form of Production of Documents, Interrogatories, and depositions will be necessary for Counsel for Defendant to adequately prepare for the hearing. 10. Rule 4001(c) of the Rules of Civil Procedure provides: "Subject to the provisions of this chapter, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for preparation of pleadings, or for preparation or trial of a case, or for use at a hearing upon petition, motion or rule, or for any combination of the foregoing purposes." See Pa.R.Civ.P. §4001(c). 11. Rule 4001(d) of the Rules of Civil Procedure provides: "Subject to the provisions of this chapter, any party may obtain discovery by one or more of the following methods: depositions upon oral examination (Rule 4007.1) or written interrogatories (Rule 4004); written interrogatories to a party (Rule 4005); production of documents and things and entry for inspection and other purposes (Rule 4009); physical and mental examinations (Rule 4010); and requests for admission (Rule 4014). See Pa.R.Civ.P. §4001(d). 12. Pursuant to Cumberland County Local Rule 208.3(a)(2), it is the assertion of undersigned counsel that the Honorable M. L. Ebert, Jr. is the only judge to have ruled on this matter. 13. Pursuant to Cumberland County Local Rule 208.3(a)(9), Counsel for Defendant contacted Counsel for Plaintiff regarding the within Motion, and to date, Counsel for Plaintiff has yet to respond as to whether or not they concur with our request. WHEREFORE, the Defendant respectfully requests this Honorable Court to grant his request for leave of Court to conduct discovery in the form of Production of Documents, Interrogatories, and depositions. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. By: Date: 6' Jennifer Spears Brenize, Es4uire PA Supreme Court ID: 87445 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Defendant 0 L MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this Z day of Alias , 2010, by and between LYNN ALLEN COBB, (hereinafter referred to as "WIFE") and ALLAN FRANK COBB, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 29, 1984, in Ellicott City, Maryland, and separated in June 2008. WIFE filed a Divorce Action in Potter County, Pennsylvania, on November 18, 2008, docketed at 2008-6010 Civil Tenn. The Complaint filed in Potter County, Pennsylvania was thereafter withdrawn and a Complaint in Divorce was filed by Wife in Cumberland County, Pennsylvania on February 18, 2009, docketed at 2009-990 Civil Term. The parties hereto agree and covenant as follows: I . The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent 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. 2. The parties have attempted to divide their marital property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Page 1 of 14 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit 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 is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving the advice of counsel; Page 2 of 14 d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501, and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code or any other law relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. Page 3 of 14 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The jointly owned real estate owned by the parties at 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania will become the sole property of WIFE. HUSBAND shall execute a Quit Claim Deed in favor of WIFE upon WIFE obtaining refinancing in her name alone. WIFE will be solely responsible for the aforementioned real estate and will hold HUSBAND harmless from any liability which may arise from the date of the refinancing. WIFE will refinance the mortgage in her name alone as soon as possible. 8. DEBTS: HUSBAND shall be solely responsible for all debts solely in his own name Page 4of14 including but not limited to personal loans, charge accounts, and credit cards. WIFE will be solely responsible for her own credit card debts. Both parties represent and warrant to the other that neither has incurred and will not incur in the future contract or incur, any debt of liability for which the other or the estate of the other might be responsible. WIFE agrees to accept full responsibility for the Chase credit card account. HUSBAND and WIFE agree that no marital debt, other than the mortgage, exists. 9. ALIMONY: HUSBAND and WIFE agree that HUSBAND shall pay to WIFE an amount equivalent to $7,000.0 per month less Husband's then -current military ParKra L ID. 02.C. retirement disbursement to wife and se For a period of forty-eight months from the date of execution of this Agreement, the Alimony payment shall be non -modifiable and shall not terminate except upon remarriage of Wife. After forty-eight months from the date of execution of this Agreement, Alimony may be modified or terminated as provided under the Pennsylvania Divorce Code. 10. MILTARY RETIREMENT: A) Wife's Social Security Number is 220-52-6074. B) Husband's Social Security Number is 214-82-6575. C) This Agreement and the Divorce Decree that shall be issued pursuant to it are in conformity with the Servicemembers' Civil Relief Act. Page 5 of 14 D) The parties' marriage overlapped Husband's military service by more than ten years during creditable military service. E) Wife shall receive 44% per month from Husband's military retirement as Wife's sole and separate property, payable from Husband's disposable retired or retainer pay, and Wife shall further receive 44% of any future cost of living increases in said retirement retainer pay, computed from the gross sum thereof. For the purpose of interpreting this Agreement and making the divisions set forth, "military retirement" includes retired pay paid or to which Husband should be entitled for longevity of active duty and/or reserve component military service and all payments paid or payable under the provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied (except for deductions because of an election to provide a survivor benefit annuity to Wife). It also includes all amounts of retired pay Husband actually or constructively waives or forfeits in any manner and for any reason or purpose, including but not limited to any waiver made to qualify for Veterans Administration benefits, or reduction in pay or benefits because of other federal employment, and any waiver arising from Husband electing not to retire despite being qualified to retire. It also includes any sum taken by Husband in addition to or in lieu of retirement benefits, including but not limited to exit bonuses, voluntary separation incentive pay, special separation benefits, or any other form of compensation distributable to separation from military service instead of or in addition to payment of the military retirement benefits normally payable to a retired member, except that the percentage of such benefits payable to Wife shall have to be recalculated to take in to account that fewer Page 6of14 than 240 months of total service have accrued. All sums payable to Wife as a portion of military retirement shall be payable from Husband's disposable retired or retainer pay to the extent that it is so restricted by law. Said payments shall be made by direct deposit through the Defense Finance and Accounting Service disbursing office, its agent, or any future entity that handles the payment of military retirement benefits. Nothing in this Agreement shall be construed to adversely affect Wife's rights or entitlements under the Uniform Services Formal Spouses Protection Act, 10 U.S.0 Section 1408 et seq. or Social Security law. The Parties agree to cooperate by completing any future documents or taking any future actions that are necessary to effectuate the purpose of this paragraph. 11. PERSONAL PROPERTY: The parties agree that they will amicably divide the personal property among themselves. WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest, which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee Page 7 of 14 of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 12. AUTOMOBILES: The parties acknowledge that HUSBAND and WIFE have and shall retain sole and exclusive ownership of their own vehicles. 13. INTANGIBLE PERSONAL PROPERTY: The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing of this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other rights on such polices to the respective party who presently owns such policy. Further, the parties agree that Husband will retain his 401(k) account from Southwest Airlines as well as his profit sharing account from Southwest Airlines. Wife waives any and all interest she may now have or may have in the future therein. The parties also agree that wife will retain all of the equity in the marital home mentioned in paragraph seven (7) above. Husband waives any and all interest he may now have or may have in the future therein. Page 8 of 14 14. SUBSEQUENTLY ACQUIRED PROPERTY: HUSBAND and WIFE agree to waive and relinquish any and all other rights 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. 15. INVESTMENTS, IRA'S: HUSBAND agrees to roll over Ten Thousand Dollars ($10,000.00) from his traditional IRA into WIFE'S Roth IRA. HUSBAND hereby agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in WIFE's pension through her present or prior employment. HUSBAND hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that WIFE may have in her individual name or may have secured through her present or prior employment. 16. LIFE INSURANCE: The parties agree that HUSBAND shall maintain life insurance with a benefit level of at least one million dollars ($1,000,000.00) with WIFE as the irrevocable beneficiary. HUSBAND shall provide WIFE proof of the life insurance coverage upon request by WIFE. Each party shall retain ownership of his or her own life insurance policies. The parties agree that HUSBAND shall maintain his present levels of life insurance and the present beneficiaries of said insurance. Each party agrees Page 9 of 14 to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policy. 17. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. HUSBAND agrees to waive all interest, which he has in any bank accounts of the WIFE. 18. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. The parties shall simultaneously with the signing of this Agreement, execute Affidavits of Consents and Waivers of Notice of Intention to Request Entry of Divorce Decree. Said documents shall be filed with the court and counsel for the WIFE will file a Praecipe to Transmit Record and obtain a divorce decree. 19. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. Page 10 of 14 ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 24. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Page 11 of 14 Agreement are null and void and of no effect. 25. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs required to obtain and complete the divorce. 26. WAIVER OF CLAIMS AGAINST ESTATES: 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, curtesy, 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, 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. 27. MODIFICATION: No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 28. SEVERABILITY: If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being Page 12 of 14 impaired or invalidated in any way, 29. AGREEMENT NOT TO BE MERGED: This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: / • Page 13 of 14 COMMONWEALTH OF PENNSYLVANIA : SS :COUNTY OF CUMBERLAND 1 PERSONALLY APPEARED BEFORE ME, this 4, -- day of 2010, a Notary Public, in and for the Commonwealth of Pennsylvania and Co Cumberland, LYNN ALLEN COBB, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dolly Ilk Hocimnberry, Notary Mtge MIddlesexTvep., Cumberland Cowity My Cohmisslen lb"lres Sep. 24,2010 toAotleSIOn of Nohow?, SS :COUNTY OF CUMBERLAND rid PERSONALLY APPEARED BEFORE ME, this day of 2010, a Notary Public, in and for the Commonwealth of Pennsylvania and o Cumberland, ALLAN FRANK COBB, known to me (or satisfactorily proven) to person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Z:\Clients\Cobb, Alan1MAS8. MMMONWEALTH OF ?ENNSYLVAN!" Notarial Seal Dolly M. Hockfmberry, Notary Public ttraddlmex Two., Cumbafand County My Commslen Explres Sept 24, 2010 1 A....eLnIzition of Noterilz. Page 14 of 14 EXHIBIT "B" LYNN ALLEN COBB V. ALLAN FRANK COBB : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No.2009-990 CIVIL TERM DIVORCE DECREE AND NOW, AUGUST 12 2010 it is ordered and decreed that LYNN ALLEN COBB ALLAN FRANK COBB , plaintiff, and ,.defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement dated August 2, 2010, is hereby incorporated, but not merged, into this Decree. Certified Copy Issued: August 31, 2010 Date By the Court, M.L. Ebert, Jr. Attest: David D. Buell J. Protho otary LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. ALLAN FRANK COBB, Defendant, : CIVIL ACTION - LAW : NO. 2009-990 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 25th day of August, 2014, I, Derek M. Strouphauer, Paralegal to Jennifer Spears Brenize, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing Defendant's Motion for Leave of Court to Conduct Discovery by mailing same via first class mail and addressed as follows: Sean M. Shultz, Esquire Law Offices of Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Attorneys for Plaintiff By: Date: /..2Cpl / LAW OFFICES OF PETER J. RUSSO, P.C. erek M. St r • uphaue Par legal 5006 East Trindle Road, uite 203 Mechanicsburg, Pennsylvania 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNq_I,ILVANIA, V. rn rn cn f" r— CD ORDER OF COURT ALLAN FRANK COBB, DEFENDANT : NO. 09-990 CIVIL AND NOW, this 3rd day of September, 2014, upon consideration of the Defendant Allan Cobb's Motion to Conduct Discovery and Petition for Modification of Termination of Alimony; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff, Lynn Cobb to show cause why the relief requested by Defendant should not be granted. 2. An Answer to the Motion to Conduct Discovery and Petition for Modification of Termination of Alimony shall be filed on or before September 26, 2014. 3. Argument on the Motion to Conduct Discovery will be held on Friday, October 10, 2014, at 8:30 a.m. 4. A hearing date on the Petition for Modification of Termination of Alimony will be set after a determination is made as to whether discovery will be permitted in the case. ,/Sean Shultz, Esquire Attorney for Plaintiff /Jennifer Spears Brenize, Esquire Attorney for Defen1da Q� . '-_ By the Court, bas Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff CIVIL ACTION — LAW v. No. 2009-990 ALLAN FRANK COBB, Defendant IN DIVORCE ANSWER TO DEFENDANT'S MOTION FOR LEAVE OF COURT TO CONDUCT DISCOVERY AND NOW, this 25th day of September, 2014, comes Plaintiff, Lynn Allen Cobb, by and through her attorney, Sean M. Shultz, Esquire, and files the following Answer to Defendant's Motion for Leave of Court to Conduct Discovery and in support thereof aver as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. ui ru Cr) C.) Cil ♦J Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 11. Admitted. 12. Admitted. 13. Admitted. Undersigned counsel was unable to consult with Plaintiff in the week between the time of the request for concurrence from Defendant's counsel and the date Defendant's counsel drafted the instant Petition. Plaintiff's counsel was out of the Commonwealth during that intervening time. Plaintiff does not oppose Defendant's request for the parties to conduct discovery. WHEREFORE, Plaintiff requests that this Honorable Court grant the relief requested by Defendant. Respectfully submitted, SA , SULLIVAN & R• RS can M. Shultz, Esqui Attorney ID No. 90946 26 W. High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff CIVIL ACTION — LAW v. No. 2009-990 ALLAN FRANK COBB, Defendant IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. This Verification is made by Plaintiff's counsel based upon information provided by Plaintiff to Plaintiff's counsel regarding the factual averments contained herein. 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: September 25, 2014 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Sean M. Shultz, Esquire Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff CIVIL ACTION — LAW v. No. 2009-990 ALLAN FRANK COBB, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 250' day of September, 2014, I, Dolly M. Hockenberry, Paralegal, hereby certify that I have this day served the following person with a copy of the foregoing Answer to Defendant's Motion for Leave of Court to Conduct Discovery by first class, United States Mail, postage pre -paid, addressed as follows: Jennifer Spears Brenize, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, Pennsylvania 17050 Attorney for Defendant SAIDIS, SULLIVAN & ROGERS Dolly M. r • c ,enberry, ' aralegal 26 W. High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff CIVIL ACTION — LAW v. No. 2009-990 ALLAN FRANK COBB, Defendant IN DIVORCE ANSWER TO DEFENDANT'S PETITION FOR MODIFICATION OR TERMINATION OF ALIMONY AND NOW, this 25th day of September, 2014, comes Plaintiff, Lynn Allen Cobb, by and through her attorney, Sean M. Shultz, Esquire, and files the following Answer to Defendant's Petition for Modification or Termination of Alimony and in support thereof aver as follows: 1. Admitted. 2. Admitted. co �� r -� srt ter`= rn ;� 3. Admitted.''rso vl r--- c. 4. Admitted. r:> to A: 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. It is denied that it would be equitable to terminate alimony. It is admitted that modification of alimony may be appropriate based on reasons that may appear after 1 discovery is completed. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. Undersigned counsel was unable to consult with Plaintiff in the week between the time of the request for concurrence from Defendant's counsel and the date Defendant's counsel drafted the instant Petition. Plaintiff's counsel was out of the Commonwealth during that intervening time. Plaintiff concurs with the request for a hearing on this matter, and does not concur with Defendant's request to terminate alimony. WHEREFORE, Plaintiff requests that this Honorable Court schedule a hearing on this matter upon certification of the parties' counsel that discovery is complete. Respectfully submitted, SA , SULLIVA : ROGERS Sean M. Shultz, squir Attorney ID No. 90946 26 W. High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Plaintiff Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff CIVIL ACTION — LAW v. No. 2009-990 ALLAN FRANK COBB, Defendant IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. This Verification is made by Plaintiff's counsel based upon information provided by Plaintiff to Plaintiff's counsel regarding the factual averments contained herein. 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: September 25, 2014 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Sean M. Shultz, Esquire Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LYNN ALLEN COBB, Plaintiff CIVIL ACTION — LAW v. No. 2009-990 ALLAN FRANK COBB, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 25th day of September, 2014, I, Dolly M. Hockenberry, Paralegal, hereby certify that I have this day served the following person with a copy of the foregoing Answer to Defendant's Petition for Modification or Termination of Alimony by first class, United States Mail, postage pre -paid, addressed as follows: Jennifer Spears Brenize, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, Pennsylvania 17050 Attorney for Defendant SAIDIS, SULLIVAN & ROGERS Dolly M. `;ock-nb.rry, Paralegal 26 W. Hig Street Carlisle, Pennsylvania 17013 (717) 243-6222 4 LYNN ALLEN COBB, IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. ALLAN FRANK COBB, Defendant, : CIVIL ACTION - LAW : NO. 2009-990 CIVIL TERM : IN DIVORCE ORDER AND NOW, this lett, day of 0 ck , 2014, after consideration of the Defendant's Motion for Leave of Court to Conduct Discovery and Plaintiff's Answer to Defendant's Motion for Leave of Court to Conduct Discovery, it is hereby ORDERED: 1) Both parties shall be granted adequate time to conduct discovery in the form of Production of Documents, Interrogatories, and depositions; and 2) The argument currently scheduled for October 10, 2014, at 8:30 a.m., in Courtroom 2, 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, is hereby CANCELLED. BY THE COURT: \\N\ ‘A\S\\ M. L. Ebert, Jr., Judge Distribution List: ,....-cnnifer Spears Brenize, Esquire, Law Offices of Peter J. Russo, P.C., 5006 East Trindle Road, Suite 203, Mechanicsburg, PA 17050, Attorneys for Defendant Sean M. Shultz, Esquire, Law Offices of Saidis, Sullivan & Rogers, 26 West High Street, Carlisle, PA 17013, Attorneys for Plaintiff can. 'rex nel..C,L, LYNN ALLEN COBB, : IN THE COURT OF COMMON PLEAS OF Plaintiff, Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V 09-990 CIVIL TERM c ALLAN FRANK COBB, : IN DIVORCE r?co Petitioner, Defendant? f i fir., UD CD .< .' C'` x =: IN RE: PETITION TO ENFORCE MARRIAGE SETTLEMENT REEMENT- 11,1f ORDER OF COURT AND NOW, this 7th day. of January, 2015, the parties having reached an agreement to settle this matter; IT IS HEREBY ORDERED AND DIRECTED that the agreement shall be entered as an Order of Court pursuant to the following conditions: Petitioner, Allan Frank Cobb, will pay to Respondent, Lynn Allen Cobb, an amount of $22,909.00 which is the escrowed alimony. That payment shall be made immediately. Petitioner shall pay to Respondent an additional alimony payment of $2,512.00 on January 20, 2015. Alimony shall terminate upon Petitioner making the final payment on January 20, 2015. Respondent shall complete all work necessary to enable the marital home to be re -financed. The marital home shall be re -financed by Respondent by December 31, 2015. If the house is not re -financed by Respondent by December 31, 2015, the house shall be placed on the market and sold unless re -financed prior to the sale of the home. Respondent shall select a realtor of her choosing. She shall abide by all reasonable advice of the realtor on the sale of the home and the list price of the home. Cobb V Cobb 09-990 Civil Term Page 2 The August 22, 2014, Petition for Modification or Termination of Alimony filed by Petitioner is hereby dismissed with prejudice. The April 11, 2014, Petition to Enforce Marriage Settlement Agreement is hereby dismissed without prejudice. By the Court, Sean M. Shultz, Esquire Fothe Plaintiff - Respondent Jennifer Spears Brenize, Esquire for the Defendant - Petitioner :mtf