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Home My WebLink About04-3561 REAGER & ADLER, PC BY:JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD. No. 36461 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff RANDOLPH E. CAPP, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 64- 3SIol Ciui't-Et2..V'V) CNIL ACTION - LAW IN DNORCE SALLY COHEN-CAPP, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS 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 Associatiou 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 REAGER & ADLER, PC BY:JOANNE HARRISON CLOUGH, ESQUIRE Attorney J.D. No. 36461 233 I Market Street Camp Hill, PAl 70 Il Telephone: (717) 763-1383 Attorneys for Plaintiff RANDOLPH E. CAPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. SALLY COHEN-CAPP, Defendant CNIL ACTION - LAW IN DNORCE A VISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar acdon con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction reclamados por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 1 0 l, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO P AGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 REAGER & ADLER, PC BY:JOANNE HARRISON CLOUGH, ESQUIRE AttorneyLD. No. 36461 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff RANDOLPH E. CAPP, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol.[-JS/'I C;o~L TEfl-""1 SALLY COHEN-CAPP, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE I. Plaintiff is Randolph E. Capp, an adult individual who currently resides at 434 Parkside Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Sally Cohen-Capp, an adult individual who has a current mailing address of 434 Parkside Road, Camp Hill, Cumberland County, Pennsylvania /7011. 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were married on March 6, 1982 in Harrisburg, Dauphin County, Pennsylvania, 5. There have been no prior actions of divorce or for annulment between the parties, 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are two (2) children ofthis marriage under the age of eighteen years, namely Samantha 1. Capp, date of birth January 9,1987 and Jackelyn A. Capp, date of birth March 6,1988. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully submitted, Dated: 'l-I~ - oy By: Joann Harrison Clou , Esqui AttorneyLD. No. 36461 \ 2331 Market Street CampHill,PA 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I Randolpb E. Capp, verify that the statements made in this Complaint 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. Section 4904, relating to unsworn falsification to authorities. Date: '7 - t q _ O'-{ ~ ,>-fl-l--e~ CWF RANDOLPH E. CAPP t ~ ~ '- - . t. ~ B -t: ~ :0 lZ p=. J- ',:--:' RANDOLPH E. CAPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3561 SALLY COHEN-CAPP, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVIC]~ r, Joanne Harrison Clough, Esquire ofREAGER & ADLER, P.C., do hereby certify that r served a certified copy of the Divorce Complaint on the Defendant Sally Cohen-Capp by Certified Mail, Restricted Delivery on the 5th day of August, 2004 as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Sally Cohen-Capp 434 Parkside Road Camp Hill, PA 17011 Date: 9 -/ C 'v- 0 lJ U\ Joa . e Harrison Clough, REAGER & ADLER, P. 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Atty. rd. No. 36461 ~ "'" .c- ~ c;) I ..0 ~ --0 3: o .." .... :C-n rn~ :9\:;\ ~":}I ' C'., C) '~2.':~~ ':),(') ~;"'::'I \"r1 ::~l .~;;:>- :.!l r:--: w -' . Complete Items 1, 2. and 3. Also complete IIIln 4 W Restricted Delivery is desired. . Print your name and address on the reverse 80 that we can return the card to you. . Attach this card to the back of the mailplece, or on the front if space pennits. 1. Article Addressed to: SClt\Ll c.o'vn-Cae,:p 4:?, LL jJG\.V"b~\~ ILco.cl en n\{) 'cl1 \\L PA. . 1101' 3. Service Type ~Certlffed Mail 0 Express Mail 9Reglsterecl 0 Return Receipt for Merchandlee o Insurecl Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) )if'vea PS Form 3811, July 1999 2. Art'_I- u.._....__ "..._~__.,____ - - '-- L< " 7003 2260 0001 2319 0619 102595.0Q-M.0952 Dcmestic Return _pt c (") ....., c:: (") C c:: -i: ~ .z: U !.J:J '" ::;j n'l nl c --:'" 'n C "'::- i~--"" I ~.:J ..i;: \J f::: 0 <- ):,.. (; - Z () - 5:;' c r ~ t - , ....., "'> = J-- """ c.-: C;-) I \D o " :::1 I::IJ rni'-- -o~ :qy ::;-?c) ..-j-r, i:S::D ~",.O -:'c:"{n ~:-:'l )> ~n ~< -n ::~i'; 1'3 W -...l ',- MARIT At SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2.111--- day of {k~~ by and between SALLY COHEN-CAPP (hereinafter "WIFE") and RANDOLPH E. C PP (hereinafter "HUSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married on March 6,1982, in Harrisb rg, Dauphin County, and separated on April 1, 2004, and WHEREAS, the parties have two (2) children of this marriage; Samar tha born January 9, 1987 and Jackelyn born March 6, 1988; and WHEREAS, difficulties have arisen between the parties and it is theref re their intention to live separate and apart for the rest of their lives and the parties re desirous of settling completely the economic and other rights and obligati ns between each other, including, but not limited to: the equitable distribution of he marital property; past, present and future support; alimony, alimony pendente I e; and, in general, any and all other claims and possible claims by one against the ot er or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promis s hereinafter to be kept and performed by each party and intending to be lega y bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL Each party has had the opportunity to have the provisions of this Agreeme t and their legal effect fully explained to the parties by independent counsel of his r her own choosing, WIFE has elected not to retain counsel and to represent herself i the negotiation and execution of this Agreement. HUSBAND is represented b Joanne Harrison Clough, Esquire, The parties further declare that each is executing the Agreement freely an voluntarily having either obtained sufficient knowledge and disclosure of thei respective legal rights and obligations, or if counsel has not been consulted , expressly walvmg the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result 0 any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to ~ 3301(c) 0 the Divorce Code. A divorce action was filed by Husband with the Court of Co on Pleas of Cumberland County, Pennsylvania at Civil Action No. 04-3561 on Jul 22, 2004. The parties agree to execute Affidavits of Consent for divorce and Waive of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a f decree in divorce may be entered with respect to the parties. The parties agree at the terms of this Agreement shall be incorporated into any Divorce Decree w .ch may be entered with respect to them and specifically referenced in the Divo ce Decree. This Agreement shall not merge with the divorce decree, but shall conti to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall defined as the date upon which it is executed by the parties if they have ea h executed the Agreement on the same date. Otherwise, the "date of execution" r "execution date" of this Agreement shall be defined as the date of execution by t e party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate f the other from any and all rights and obligations which either may have for pas, present, or future obligations, arising out of the marital relationship or otherwis , including all rights and benefits under the Pennsylvania Divorce Code of 1980, an amendments except as described herein. Each party absolutely and unconditionally releases the other and his or he heirs, executors, and estate from any claims arising by virtue of the marita 2 relationship of the parties. The above release shall be effective whether such c ims arise by way of widow's or widower's rights, family exemption, or unde the intestate laws, or the right to take against the spouse's will, or the right to tr at a lifetime conveyance by the other as testamentary or all other rights of a survi ing spouse to participate in a deceased spouse's estate, whether arising under the aws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may hav or claim to have, each party gives to the other by the execution of this Agreemen an absolute and unconditional release from all claims whatsoever, in law or in eq ity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the finan ial disclosure of the other as an inducement to the execution of this Agreement. E ch party understands that he/she had the right to obtain from the other par a complete inventory or list of all property that either or both parties owned at he time of separation or currently and that each party had the right to have all s ch property valued by means of appraisals or otherwise. Both parties understand t at they have right to have a court hold hearings and make decisions on the matt rs covered by this Agreement. Both parties hereby acknowledge that this Agreemen is fair and equitable, and that the terms adequately provide for his or her interests, a d that this Agreement is not a result of fraud, duress or undue influence exercised y either party upon the other or by any person or persons upon either party. 6. SEP ARA TION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate a apart. They shall be free from any interference, direct or indirect, by the other in respects as fully as if they were unmarried. Each may, for his or her separate use r benefit, conduct, carryon and engage in any business, occupation, profession r employment which to him or her may seem advisable. WIFE and HUSBAND sha I not harass, disturb, or malign each other or the respective families of each other. 3 '. 7. REAL PROPERTY. The parties are the joint owners of real property located at 434 Parkside } oad, Camp Hill, Cumberland County, PA 17011. In consideration of HUSB ~ND assuming sole responsibility and agreeing to indemnify WIFE and hold her harr uess on the debts exceeding NINETY THOUSAND DOLLARS ($90,000.00) as set for h in Paragraph 8 of this Agreement and in consideration of HUSBAND assuming sole responsibility for and indemnifying and holding WIFE harmless on the mortgaE P on said residence with Bank of America loan number 0030105175 with an outstan ing balance of $90,084.10 as of September 30, 2004, and the home equity loan with Bi NK ONE with a balance of $9, 342.56 as of September 30, 2004, WIFE agrees to trar fer any and all right title and interest in said property to HUSBAND. The parties loth acknowledge said real estate was assessed with a value of $151, 290.00 in 2 04. WIFE agrees to execute a deed prepared at HUSBAND's expense transferring i id property to HUSBAND contemporaneously with the execution of this Agreem nt. HUSBAND shall be solely responsible for the payment of any and all exper es associated with said real property and indemnify and hold WIFE harmless thereo 8. DEBTS. HUSBAND and WIFE specifically agree that in consideration of the ot er property transfers set forth in Paragraphs 7 and 9 and 13 of this Agreemelt, HUSBAND agrees to assume sole responsibility for, and to indemnify and h( ld WIFE harmless on the following obligations: A. MAJOR CREDIT CARDS Card Name Discover Platinum People's Bank CitiCard Gold MBNA Desil!:n News MBNA Elite Rewards Capitol One Bank of America Bank One Bank One Account Number 6011 0027 5054 2904 55451401 0972 8290 5410654861457510 5490 9900 7811 3766 4264294907426888 4388641851651906 4024134000106568 4417128652193689 4417122621969790 4 Balance $2,881.28 $7,075.27 $7,957,.82 $12,109.06 $9,096.53 $2,808.40 $8,315.47 $16, 000.67 $19,903.09 B. DEPARTMENT STORE CREDIT CARDS Boscov's Sears JC Pennvs Hecht's Circuit City $3, 339.67 $148.42 $749.12 $113.78 $817.16 If a party has acquired debt except as set forth above, the parties agree hat each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for wI ich WIFE or her estate might be responsible, and he shall indemnify and save W FE harmless from any and all claims or demands made against her by reason of s ch debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she as not, and in the future she will not, contract or incur any debt or liability for whi eh HUSBAND or his estate might be responsible, and he shall indemnify and sa e HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except s otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND is the owner of a 401k plan through his employment with Tyc WIFE has no retirement accounts or pension/retirement plans. WIFE agrees t waive any right, title, claim or interest in HUSBAND's 401k in consideration of th' other property transfers and debt assumption set forth in this Agreement. The parties specifically waive any and all other retirement benefits obtaine by the parties pre-marriage, during marriage, and post-separation. The individua who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 5 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accou ts to their satisfaction. The bank accounts held solely in individual names shall be me the sole and separate property of the party in whose name it is registered. ach party does hereby specifically waive and release his/her right, title and intere t in the other party's respective accounts. 11. LIFE INSURANCE. HUSBAND hereby waives any right, title, claim or interest he may hav in any life insurance policy of WIFE. WIFE hereby waives any right, title, clai or interest she may have in any life insurance policy of HUSBAND. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that t ey have divided all furniture, household furnishings and personal property betw n them in a manner agreeable to both parties. The parties mutually agree that ea h party shall from and after the date of this Agreement be the sole and separate ow r of all tangible personal property in his or her possession. 13. VEHICLES. HUSBAND and WIFE own a 1997 Honda Passport, a 1997 Toyota Corol and a 2003 Mitsubishi Eclipse. The parties agree to distribute the vehicles as follow : A. 1997 Honda Passport: HUSBAND agrees to transfer his interest i the 1997 Honda Passport to WIFE and said vehicle shall be the sole and exclusiv property of WIFE. B. 1997 Toyota Corolla: HUSBAND agrees to transfer his interest i the 1997 Toyota Corolla to WIFE and said vehicle shall be the sole and exclusiv property of WIFE. HUSBAND agrees to pay the automobile insurance for the Toyotat Corolla as long as the parties children continue to use said vehicle. C. 2003 Mitsubishi Eclipse: WIFE agrees to transfer her interest in the 2003 Mitsubishi Eclipse to HUSBAND. HUSBAND agrees to indemnify WIFE and 6 hold her harmless on the debt/lien on said vehicle and agrees to timely pa the monthly payment of $599.68 through May 7, 2007. 14. TIME SHARE PROPERTY HUSBAND and WIFE are joint owners of a time share property locat in "The Fairways at Palm-Aire-Paradise Towers", Pompano Beach, Florida. The pa ties acknowledge that said property is currently listed for sale by mutual agree nt. The parties further acknowledge said time share purchase was financed and the e is an outstanding balance due of $5,420.51 as of October 4, 2004. In consideratio of HUSBAND agreeing to be solely responsible for the outstanding balance due for said property purchase and his agreement to be solely responsible for any and all maintenance fees, costs and expenses associated with said property, WIFE agree to transfer any and all right, title, claim or interest she may have in said propert to HUSBAND. HUSBAND shall receive any and all proceeds form the sale of said ti e share. 15. TYCO STOCK OPTIONS AND TYCO STOCK HUSBAND and WIFE acknowledge that as a result of HUSBAN 's employment, HUSBAND owns certain Tyco Stock Options and owns 49 shares f Tyco stock. In consideration of the debt assumptions and property transfers s t forth in this Agreement, WIFE agrees to waive any and all right, title, claim r interest she may have to said stock options and stock, and said stock options an stock shall be the sole and exclusive property of HUSBAND. 16. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financia reorganization proceedings of any kind while any obligations remain to performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. 7 The parties mutually agree that in the event of bankruptcy or fin cial reorganization proceedings by either party in the future, any monies to be pa d to the other party, or to a third party, pursuant to the terms of this Agreement hall constitute support and maintenance and shall not be discharged in bankruptcy. 17. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any nd all rights or claims which either may now or hereafter have for spousal sup alimony pendente lite, alimony, or maintenance except as set forth in Paragrap regarding health insurance. The parties further release any rights that they ay have to seek modification of the terms of this Agreement in a court of law or equ ty, with the understanding that this Agreement constitutes a final determination fo all time of either party's obligations to contribute to the support or maintenance of he other. 18. HEALTH INSURANCE FOR WIFE In consideration of the other property transfers set forth in this Agreeme t, HUSBAND agrees to provide health insurance coverage for WIFE via COB A through Tyco for three (3) years at HUSBAND's sole expense. The current cost f said COBRA coverage is estimated to be $230.80 per month. HUSBAND agrees 0 provide the COBRA coverage for 36 months after the parties divorce decree .s issued. HUSBAND agrees to continue to maintain health insurance coverage f r WIFE until said divorce. WIFE shall be responsible to pay any deductible and no - covered medical expenses. 19. Custody HUSBAND and WIFE agree that they shall have shared legal custod of Samantha and Jackelyn. The parties further agree that HUSBAND shall hav primary physical custody of the children for as long as he continues to reside in th residence located at 434 Parkside Road, Camp Hill, PA 17011. 20. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 8 \. 21. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreemen and the other party retains counsel to assist in enforcing the terms thereof, the brea party will pay all reasonable attorneys' fees, court costs and expenses (inclu interest and travel costs, if applicable) which are incurred by the other pa in enforcing the Agreement, whether enforcement is ultimately achieved by litig tion or by amicable resolution. It is the specific Agreement and intent of the parties t at a breaching or wrongdoing party shall bear the obligation of any and all c sts, expenses and reasonable counsel fees incurred by the nonbreaching part in protecting and enforcing his or her rights under this Agreement. 22. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement 0 all marital and non-marital property; (b.) The right to obtain an income and expense statement of eit er party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Ru es of Civil Procedure; and (e.) The right to have the court make all determinations regardi g marital and non-marital property, equitable distributi n, spousal support, alimony pendente lite, alimony, counsel f s and costs and expenses. 23. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order 0 carry through the terms of this Agreement, including but not limited to, the signi of documents. 24. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall determined or declared to be void or invalid in law or otherwise, then only th term, condition, clause or provision shall be stricken from this Agreement, and in al other respects this Agreement shall be valid and continue in full force, effect an operation. 9 f '- 25. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonweal h of Pennsylvania. 26. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and t ere are no representations, warranties, covenants or undertakings other than t ose expressly set forth herein. 27. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving ny ambiguity herein, the parties agree that this Agreement was prepared jointly by he parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seal of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE a d HUSBAND acknowledge the receipt of a duly executed copy hereof. :1lJutll d 1h ~-f:/\ Witness j f~()~/h::. Uflt . Randolph E. Capp -1rb~li 1ll ~rl Witness ' ~tJ~(J41ti\' Cd~U Sally Conen-Capp 10 . t .. COMMONWEALTH OF PENNSYLVANIA :55. COUNTY OF On the dCj +h day of --.l\J(),J e 1\'\ be r . 2004, before e, a Notary Public in and for th Commonwealth of Pennsylvania, the undersi ned officer, personally appeared I known to me (or satisfac Dry proven) to be one of the parties executing tn foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. AWf!!'!!!!LSEAI. "...,. """"~PuIrdIc - . 1 .. ~ ci:illli.te.td ,.,.,;,... Uyec.....~&pn.q. t..2006"' f;/fn S. ~ Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA :55. COUNTY OF On the ;;Fi fA day of I\)OvE'm ber . 2004, before me a Notary Public in and for the Commonwealth of Pennsylvania, the undersign d officer, personally appeared ~ r rk1} - {j2pP . known to me (or satisfacto y proven) to be on of the parties executing tt;e foregoing instrument, and e acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal t e day and year first above written. Notary Public My Commission Expires: NOrNlW. SEAL PNl8.1Ur, ~NIe ........ . vlilL,QII_la.ldCacny u,c....r 'JJ~""" tuxlS 11 RANDOLPHE. CAPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V IA NO. 0 1- 3S'(.J SALLY COHEN-CAPP, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fil don June 10, 2003 and served upon Defendant on or about June 17, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety ( 0) days have elapsed from the date of the 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 or upon filing of my Waiver of the Notice ofIntent on to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understa d that the Court maintains a list of marriage counselors and that I may request the Court to requi e my spouse and I to participate in counseling and, being so advised, do not request that the Co rt require that my spouse and I participate in counseling prior to the divorce becoming finaL I verify that the statements made in this affidavit are true and correct. I understan false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relati to unsworn falsification to authorities. Date: \ 2 ~ ") Zv.:>'--( ~'1h. Randolph E. Capp :) RANDOLPH E. CAPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV A NO. 0'1 - 3561 SALLY COHEN-CAPP, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fil don June 10,2003 and served upon Defendant on or about June 17, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety 0) days have elapsed from the date of the 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 or upon filing of my Waiver of the Notice ofInten on to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and underst d that the Court maintains a list of marriage counselors and that I may request the Court to requi e my spouse and I to participate in counseling and, being so advised, do not request that the Co rt require that my spouse and I participate in counseling prior to the divorce becoming final. I verifY that the statements made in this affidavit are true and correct. I understan that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relati g to unsworn falsification to authorities. Date: D c...C '3 '00 0'-( / S RANDOLPH E. CAPP, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V A : NO. 04 - 3.J,~b I SALLY COHEN-CAPP, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO SEEK ENTRY OF FINAL DIVORCE DECREE UNDER 3 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is grant d. 3. I understand that I will not be divorced until a Divorce Decree is ent red by the Court and that a copy of the Decree will be sent to me immediately after it is fi ed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I un rstand that false statements herein are made subject to the penalties of l8 Pa.C.S. 34904 elating to unsworn falsification to authorities. DATE: ( -<. - 3 - W::Y-f ~- Randolph E. Capp RANDOLPH E. CAPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V IA : NO. 0'( - 3 )/ ~ I SALLY COHEN-CAPP, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO SEEK ENTRY OF FINAL DIVORCE DECREE UNDER :;) 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a fmal Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is grant d. 3. I understand that I will not be divorced until a Divorce Decree is ent ed by the Court and that a copy of the Decree will be sent to me immediately after it is fi ed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I und rstand that false statements herein are made subject to the penalties of l8 Pa.C.S. 34904 elating to unsworn falsification to authorities. DATE: $\ ? $<20 ~ 2o~ \ . RANDOLPH E. eAPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANI vs. NO. 04-3561 SALLY COHEN-CAPP, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~ 3301(c) of the Divorce Code. 2. Service of Complaint on Defendant was by Certified Mail on August 5, 2004, Certified Mail number 700322600001 2319 06l9. An Affidavit of Service was filed on August 9, 2004. 3. (a) Date of execution ofPlaintitT' s Affidavit of Consent required b ~ 330 l( c) of the Divorce Code: December 3, 2004. Date of execution of Defendant' s Affidavit of Consent required by ~ 3301 (c) of the Divorce Code: December 3,2004. (b) Date of filing and service ofPlaintitT's Affidavit on Defendant: Affidavit filed with the Court December 16, 2004. Affidavit served on Defendant December 16, 2004. (c) Date of filing and service of the Affidavit of Consent for the Defendant: December 16,2004. Defendant's Affidavit filed with the Court on December 16, 2004. Affidavit served on Defendant December 16, 2004. 4. Related claims pending: None . 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was executed 0 December 3,2004, and filed with the Prothonotary: December 16, 2004. Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was execu ed on December 3,2004, and filed with the Prothonotary: December 16,2004. Respectfully submitted, DATED: \ /' ,/ 0'-" 1---/h \ JO~ HARRISON CLO'iH, PC !~~~/ L Joann Harrison Clough, squire I.D. No. 3646l 24 N. 32nd Street Camp Hill, PA 1701 1 (717) 737-5890 Attorney for Plaintiff Randolph E. Capp ~~ ~ ~ . . .. . . . . "',., :f.;t::t: . . . :+:::t: :ti '" :+::+:: Of. :+::f.e+::f. ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , , . , . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEA OFCUMBERLANDCOUNTY . PENNA. . STATE OF . . . . . , . R'\NIX)LPII E. CArr No. 04,,3561 . . . PLA.LNTH't' VERSUS . ~l\LLY C.()fOOI c.^2P DEl"ENDiIDll DECREEJN DIVORCE AND NOW, ~)), ..r 7. ''I) ;t:D~ IT IS ORDER DECREED THAT RANlJOLrll D. eAFP , PLAINTIF , AND S!\LLY COHEN C.'WP , DEFENDA T, ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,/11. o AND THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHI H HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER H S NOT YET BEEN ENTERED; Th De=ee. renee, u no ATTEST: PROTHO OTARY 't: ;to+:;+; ;+:+: 'I':f.'+' :.1''1' .. . Of :f. + +: 'I' '" +: 'f Of.:f. +':+: +:i' Of. Of. +: '" . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . " ----'" ,.-'-' ~ .'i 1 en, .-..-\ -"1 , ' , ' , ' <, .....,; _~g~~.d, ,{NJe-e/ ~ fr~ ~ N#Jf'9 ;,oceet . IN THE COURT OF COMM:ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rn{\~h [, C~ Plaintiff Vs 5 G' ~ C6 ~el\ - cr~\J Defendant File No. r!).OO 4- 6 :55&1 I IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select o~e by marldng "x"] _ prior to the entry of a Final Decree in Divorce, or L after the entry of aFinaI Decree inDivorce dated QQ.~~ dOll ~l.{ hereby elects to resume the prior surname of COM'" , and gives thi~ written notice avowing his / her intention pursuant to the~rovisions Of.54 P .S. 704. Date:-.:.( ~/, / tIJJ ~cJ_ _VJ\ -~ , / . Signature ~&A~' Signatur of name bemg resumed so.( lj MfI Cohe.f) COMMONWEALTH OF PENN~YLV ANIA ) COUNTY OF ~tl ~~ On the -/d- day of ~ , 200~ before me, the Prothonotary or the notary public, personally appeared the above affiant lmO'Wll to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Qy-t t2 .~ I~ Prothonotary or Netfuy Puulic NOTARIAL SEAL PROnIONOTARY, NOTARY MLIC CMUIlE CUMBERLAND COUN1Y COURTHOUsE . MY COMMISSION EXPIRES JANUARY., 2010 f"''-' L t .---"-~---"" .P.l;d:.i,-:F ;,)~ . ' t OU':ltlt\ 'f:~10'" ::,'-1r'\;~'~~ i ( '1' ;' !tr:- O'! ;~; !~ ','" ." ~~~ ' ,; ~.. . : , ~~ ~ C> ~ ~ ~ ~ C> " ~ b ~ g -o~ mO," Zr..', z( C/)- -/'-.; r~""" :.<C ~C <<"--0 >c :z: =< ~ c:::::. c;;::) c:n o ,.." ('"') I o " ~:n -oF;; ~? -to .::I:',' .~.... 'TI ,-' C5 Zrn c: ~ ~ :J: S' U'I