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HomeMy WebLinkAbout05-0426 CAROLYN S. HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant # (K. (/).~ CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR 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 2 Liberty Avenue Carlislej pennsylvania 17013 717.249-3166 CAROLYN S. HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant # o!{. 'I d-y CIVIL TERM AFFIDAVIT OF MARRIAGE COUNSELING If Carolyn S. Hoover-Kocher, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Dated:~ Sworn and SUbscri~ to bef~me this t of ('It'l1l ),1 i\ 1 / day , 2 oQS::'. 0DnoJ) A Notary Public NOTARIAl. SEAL CAROl A MORROW, NoIIIyP/Mo CIIfIIIe ~ CUll1bedendCotIllr My Corm 'ulen Expha-28,'ST/ 1/\ (ytVtocJ , CAROLYN S. HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant # 0 S -If ~ CIVIL TERM COMPLAINT IN DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, Carolyn S. Hoover-Kocher, Plaintiff, by her attorney, Ruby D. Weeks, Esquire, who avers as follows: 1. Plaintiff, an adult sui juris, is Carolyn S. Hoover-Kocher, a U. S. citizen, who currently resides at 340 Mountain View Road, Shippensburg, Cumberland County, Pennsylvania 17257, since November 2004. 2. Defendant, an adult sui juris. is Steven L. Kocher, aU. S. citizen, who currently resides at 695 Mt. Rock Road, Carlisle, Cumber County, Pennsylvania 17013, since September, 1999. 3. Plaintiff and Defendant have been a bona fide resident(s} in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 25, 1993, at Hagerstown, Washington County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Neither party is a member of the Armed Forces of the United States, 7. The marriage is irretrievably broken. 8. Plaintiff and Defendant have lived separate and apart since November 2004. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a decree of divorce. COUNT I (A)- INDIGNITIES 3301 (a) (6) of the Divorce Code 11. Paragraphs 1 through 10 are hereby incorporated by reference and made a part hereof. 12. The averments under this Count are not collusive. 13. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. COUNT II - IRRETRIEVABLE BREAKDOWN 3301 (d) of the Divorce Code 14. Paragraphs 1 through 13 are hereby incorporated by reference and made a part hereof. 15. The marriage is irretrievably broken. a. Plaintiff and Defendant have lived separate and apart since November 2004. 16. Plaintiff has been advised as to the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 17. Plaintiff requests the Court to enter a decree of divorce. COUNT III - REQUEST FOR DIVISION OF PROPERTY UNDER SECTION 53502 OF THE DIVORCE CODE 18. Paragraphs 1 through 17 are hereby incorporated by reference and made a part hereof. 19. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". 20. Upon entry of a divorce decree, such property should be divided equitably as is just and proper. COUNT IV. COUNSEL FEES, COSTS, EXPENSES 21. Paragraphs 1 through 20 are hereby incorporated by reference and made a part hereof. 22. Plaintiff, Carolyn S. Hoover-Kocher, has retained the services of Ruby D. Weeks, Esquire, and the counsel fees, costs, and expenses for representation in this action will be substantial and continuing. 23. Plaintiff is without sufficient funds, income, or assets to pay counsel fees, costs, and expenses. 24. Plaintiff will need to retain the services of an appraiser and other experts with regard to this action. such 25. Defendant is financially able to provide for these expenses of Plaintiff. WHEREFORE, plaintiff prays that a decree in divorce be entered divorcing plaintiff from the bonds of matrimony between the said plaintiff and defendant. a. As to Count I, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. b. As to Count II, in the alternative, should Defendant execute an Affidavit consenting to a divorce because the marriage is irretrievably broken, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. c. As to Count III, that this Court determine marital property and order an equitable distribution thereof. d. As to Count IV, that this Court enter an award for preliminary and interim counsel fees, costs and expenses and to enter a final award of counsel fees, costs, and expenses. e. Such other additional relief as the Court deems necessary and appropriate. I verify that the statements made in this Complaint 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: J- / '1-0 s""" \0--U~ ks, Esquire Attorney or Plaintiff 10 West High Street Carlisle, PA 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND The above named, Carolyn S. Hoover-Kocher/ being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint are true and correct, and the Complaint is not made out of levity or by collusion between her and the said Defendant for the mere purpose of' being freed and separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the said Complaint. -~ (jaxt& A Notary Public CAAOI. A._EAI. CIIIIIe~~= CanlI,w,rj ExpIre, _ 28, 2M! f~ ""- M~ \ \.N ~ - ~ v, \):; '" .... \Y "" -S> '" 0 "'" -::. u -<> <:> \l--: ~ ~ V' d <:> ~ \ t c:::> t ----- o S;; -Oeri q:~~:l'-".\ ;?:C" (f.':.\ ." ~~: ~;(.) ~C,'I t::~ :2 '"'" <:::':;) <'" <J' <-- ".. % N <en c> ".., .-t ::t: fliP;: -orfl ::'"ll.'"1 S?'rL, ',~j~-'l' \ ,.-''\"l ~2(''') ~'~,rn ;~ "if; c< """ :3': (:5 "" ~ - CAROLYN S. HOOVER-KOCHER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY STEVEN L. KOCHER, Defendant # OS, tp.(p CIVIL TERM COMPLAINT FOR JOINT AND SHARED CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The plaintiff is, Carolyn S. Hoover-Kocher, hereafter referred to as the natural mother, residing at 340 Mountain View Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Steven L. Kocher, hereafter referred to as the natural father, residing at 695 Mt. Rock Road, Carlisle, Cumber County, pennsylvania 17013. 3. Plaintiff seeks legal custody of the following child: a. Name Present Residence Aoe Morgan Nicole Kocher 340 Mountain View Road 9 Shippensburg, PA 17257. b. The child was born on February 27, 1995. c. The child is presently in the custody of the natural mother, who resides at 340 Mountain View Road, Shippensburg, Cumberland County, Pennsylvania 17257. d. The child has resided with the following persons and at the following addresses for the past 16 months: Persons Address Dates Mother 340 Mt. View Road Mother & Father 695 Mt. Rock Rd. November 2004 until present September 1999 until November 2004 3. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 4. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 5. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 6. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child, so none will be given notice of the pendency of this action and the right to intervene. 7. Pursuant to the Custody and Grandparents Visitation Act, the mother requests this Court to grant an award of legal custody to her. 8. The mother requests physical custody of the child in that she is in a better position to provide consistent and stable care for the child and she is the parent more likely to assure that the child have a relationship with both parents. 9. The best interests and permanent welfare of the child and her physical, spiritual, emotional and moral well-being will be served by granting the relief requested of legal and physical custody with the mother. 10. Plaintiff mother prays for an Order awarding joint legal custody of the minor child, Morgan Nicole Kocher, born February 27, 1995, to the Plaintiff mother and with partial custody awarded to Defendant father as this Court determines is in the best interests of the child. WHEREFORE, Plaintiff mother prays for an Order awarding joint legal custody of the minor child, Morgan Nicole Kocher, to the mother, with actual physical custody to the mother. Date: /'11-":;~ Respectfully submitted, RUb~ c:!fi?~~ Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid I the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct, c~;), ~01f11i;t illJ~ SworD to and subscribed to bef~ me this I '--\ day U of O'I~I)IlJL.u , 20~. 6 0mClJ ~ Notary Public U-~,., . . SEAL MClTARlAl NIl" r;A'r1(fc />,. i<l!ORR~ Cr!'~ 1.;'I\t~'" 1':'\ro!lllI1,C June :la, 2;JJ1 " !,'" C':;mm\1;3\lln ~ -"~",,.=., ' :",,-:~~.,"....-,,--_...,~-:.:-:.~.~ t~ I.A. .... .,s,. G V ...... \J.> I.)l V. , ~ R ,", Q ~jf~:: n-:f;" :-""-" ~'~: ...7\..... 1'",~, '( .! )7> (': -" ::" ::;) ,...., (:::::~ \':.-:.:> c.n <- ;po Z "" (J' o "T1 -, :1: -n n1-:;:~, -ot:Il -D\,~ -.....l. S:~! ~,~,J ~J:-H ~;,:;~ ~':~ , , ~::'1 . "~ :"J~ "..:... ...:t :- a ",. :::Jl: <2 v) N CAROLYN S. HOOVER-KOCHER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 05-426 CIVIL ACTION LA W STEVEN L. KOCHER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 27, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jocqueline M. Verney, Esq, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursd:lY, February 17,2005 , the conciliator, at 10:30 AM _. for a Pre-Hearing Custody Conference. At such eonference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to detlne and narrow the issues to bc heard by the court, and to enter into a temporary order. All children age t1ve or older may also be present at the conference. Failure to appear at the conference may prDvide grDunds fDr entry of a tempDrary or permanent Drder. The court herehy directs the parties to furuish any and all existing Protection from Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled bearing. FOR THE COURT. By: Isl Jacqueline M. Verney, Esq. CustDdy CDnci)iatDr 1~ The CDurt Df CDmmon Pleas Df Cumberland CDunty is required by law to cDmply with the Americans with Disabilites Act of 1990. For infonnatiDn about accessible facilities and reasDnable accommodatiDns available tD disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours priDr tD any hearing or business before the CDurt. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland C Dunty Bar Association 32 South Bedford Street Carlisle, Pennsylvania ] 70] 3 Telephone (7 I 7) 249-3166 . ~ c~ Ir ~ I""'r' I.6y .92 ,el ~ . * " ~/ /'t<~ 5" '" I "P"'T'/ ~? ~;iI,fp r'l '7" JC I , ' ;0 :Q\ ~rJ 3Z N'iff ~aUt ------ CAROLYN S. HOOVER-KOCHER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY STEVEN L. KOCHER, Defendant :#05-426 CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (a) (1) (ii) COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for Carolyn S. Hoover-Kocher, being duly sworn according to law, depose and say that a true and correct copy of the divorce complaint and custody complaint was served on the Defendant, Steven Kocher, at 695 Mt. Rock Road, Carlisle, cumberland County, Pennsylvania, 17013, by mailing the same to him by certified mail, restricted delivery, No. 7003 1010 0001 1187 4132, on February 2, 2005. Service was accepted on February 12, 2005. RUb~~~ Sworn and subscribed to this -'~) day 20 {K'. N01MW.llEAL CAROl A.MORROW~NIo ~~...u.j,'" lU rn '"" =r U.S. Postal Service,,, CERTIFIED MAIL." RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) f'- <0 '"" '"" Postage $ '"" Cl Cl "",m ",,'ept Fee o (Endorsement Required) CJ Restricted DeliverY Fee M (Endorsement Required) Cl .-'l Certffied Fee U.7':, $0.00 Total Postage & Fees $ 15.11 rn ~ ~;OAjiI~.....liff-hU:~'v""'"Tr-l-"''' ";;:;":~;NO~4.!Q.=~..~.....~~yf-&t...._~.,.... . Complete items 1,.2: and 3. Also complete item 41f Restricted Delivery is desired. . Print your name and address on the reverse so that we can retum'ttJ8 card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~eu(r\ Iioche.r LPqs mi. ~ Qd. ~ \i csk l {)A- lit> l '3> A. Received by (Please Print Clearly) _47c Ve.v {0(/1 e/{ I~ x D, Is delivery addre!;s different from item 1? If YES, enter delivery address below: 3. Service Type ~Certffied Mail o Registered o Insured Mail o Agent o Addressee DYes o No o Express Mail a Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service lsbeQ 700.3 10/1) fV't1j / IS? 413d-.. PS Form 3811 , July 1999 Domestic Ret~rn Receipt ~es 102595.00.M-0952 ~- tYl y:.',. t)'"; ...r.-!' r-;"C) ~:'?) '/" ^ --------- ",. ~ (I ......; ',1 /- ~ FEEl 1 8 2005 I)- vf' CAROLYN S. HOOVER-KOCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-426 CIVIL TERM STEVEN L. KOCHER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 2 ~l J day of _F(" S ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: l. The Mother, Carolyn S. Hoover-Kocher, and the Father, Steven L. Kocher, shall have shared legal custody of Morgan Nicole Kocher, born February 27, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Mother shall have primary physical custody of the Child. 3. Father shall have periods of supervised visitation at counseling sessions with Deb Snelson. 4. Father shall cooperate with Father/daughter counseling with Deb Snelson. Father shall be responsible for scheduling appointments after school at a frequency determined by the counselor. Father shall execute a release so that the counselor may discuss the counseling with Mother. 5. Neither parent will do or say anything nor permit a third party to do or say anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. This provision is to be strictly enforced by the parents. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for May 3, 2005 at 8:30 a.m. on the 4th floor of the Cumberland County Courthouse. BY THE COURT, CC6;D. Weeks, Esquire, Counsel for Mother )""ul Rominger, Esquire, Counsel for Father ~ 0.1 - d.5 -Q.S 1 J. fIB 1 8 2005V CAROLYN S. HOOVER-KOCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-426 CIVIL TERM STEVEN L. KOCHER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as tollows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Morgan Nicole Kocher February 27, 1995 Mother 2. A Conciliation Conference was held in this matter on February 17,2005, with the following individuals in attendance: The Mother, Carolyn S. Hoover-Kocher, with her counsel, Ruby D. Weeks, Esquire, and the Father, Steven L. Kocher, with his counsel, Karl Rominger. 3. The parties agreed to the entry of an Order in the form as attached. .;2.-IK'-D<) Date ~/&I.~ acq eline M. Verney, Esquire Custody Conciliator ~ RECEIVED MAY 041llffi CAROLYN S. HOOVER-KOCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-426 CIVIL TERM STEVEN L. KOCHER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this A day of t11 ~ ~ ,2005, upon consideration of the attached Custody Conciliation R port, It IS ordered and dlfected as follows: I. The prior Order of Court dated February 23, 2005 shall remain in full force and effect with the following modifications: 2. Paragraphs 3 and 4 are hereby deleted. 3. Paragraph 3 shall be replaced with the following. Father shall be entitled to supervised visitation on alternating Saturdays from I :00 p.m. to 7:00 p.m. beginning May 14,2005 and every Wednesday from 5:00 p.m. to 8:00 p.m. beginning May II, 2005, except for the week of June 10, 2005 when Mother has a scheduled vacation. The supervisors are Ann Hoover, Phyllis Keiter or Sue Keiter. 4. Paragraph 4 shall be replaced with the following. Father will cooperate with counseling with the child at a counselor of Father's choice selected from Mother's list of health care providers. The parents will sign necessary releases so that the counselors may share information with each other and with the parents. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may request another Conciliation Conference within 90 days of this Order. BY THE COURT, / :r w,,- ~ cc:"R~y D. Weeks, Esquire, Counsel for Mother' /"~D:""'" C"~~I f", I,,",,, t)O o l J. i 0 u.'tr. co ,"c- C:_ ~ ill I ~'~ 'i , LCO C:::'"l C::J C"" <.:5 <--.."....---- --,-.--."^,'''' CAROLYN S. HOOVER-KOCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-426 CIVIL TERM STEVEN L. KOCHER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Morgan Nicole Kocher February 27, 1995 Mother 2. A Conciliation Conference was held in this matter on May 3, 2005, with the following individuals in attendance: The Mother, Carolyn S. Hoover-Kocher, with her counsel, Ruby D. Weeks, Esquire, and the Father, Steven L. Kocher, with his counsel, Karl Rominger. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated February 23,2005 providing for shared legal custody with Mother having primary physical custody and Father having supervised visitation at the child's counseling sessIOns. 4. The parties agreed to the entry of an Order in the form as attached. :;-3-0;-- Date ~~. IV/ V~'{ i dcqu ne M. Verney, Esquire J Custody Conciliator MARRIAGE SETTLEMENT AGREEMENT fA THIS AGREEMENT, made this,jt) day of , 2005, by and between CAROLYN S. HOOVER-KOCHER, hereinafter ferred to as Wife, and STEVEN L. KOCHER. hereinafter referred to as Husband, WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 25, 1993, in Hagerstown, Washington County, Maryland; and they separated November 2004, and WHEREAS, there has been one child born of this marriage, namely, Morgan Nicole Kocher, born February 27, 1995; and WHEREAS, diverse unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties as a result of which they are living separately and apart; and WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the settling of their property rights and other rights and obligations growing out of their marriage; and WHEREAS, it is the desire of the parties to effect a complete and full settlement with respect to any and all claims, obligations, rights, duties and responsibilities ofthe parties with respect to the marriage, including but not limited to financial and property rights and obligations between each other in accordance with the provisions of the Divorce Code. NOW, THEREFORE, considering the above conditions and circumstances, and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, and intending to be legally bound hereby, it is agreed as follows: I. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 2. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as ifhe or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabited or dwell with him or her. 1 3. Wife relinquishes her inchoate interstate right in the estate of Husband, and Husband relinquishes his inchoate interstate right in the estate of Wife, and each of the parties hereto, by these presents for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action, or suits at law or in equity, of whatsoever kind of nature, for or because of a matter or thing done, omitted or suffered to be done by said party prior to and including the date hereof, except that this release shall in no way affect any cause of action in any absolute divorce which either party may have against the other, nor shall this release affect any cause of action which either party may have against the other of whatever nature, arising or which may arise, under this Agreement or for the breach of any provision thereof. 4. Nothing contained in this Agreement shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against each other in any jurisdiction based upon any of the grounds for divorce specified in Section 3301 ofthe Pennsylvania Divorce Code. In the event any such action is pursued or initiated, the parties shall be bound by all the terms of the Agreement. This Agreement may be submitted to the Court for approval pursuant to the Pennsylvania Divorce Code, with a request that it be incorporated into the Final Decree; and, in any event, this Agreement shall survive any Divorce Decree, shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties, and continue to be enforceable in accordance with its terms. 5. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 ofthe Pennsylvania Divorce Code, and have taken into account all considerations set forth therein. The division of existing martial property is not intended by the parties to constitute in any way a sale or exchange of assets, and a division is being effected without the introduction of outside funds or property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights and any other rights of the parties. 2 6. Except as otherwise specifically set forth herein, the parties have divided between them to their mutual satisfaction the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither will make any claim to any such items which are now in the possession or control of the other. As of the date ofthe execution of this Agreement, Husband has in his possession and control at the marital residence all items but those items listed on Exhibit "A" attached hereto and made a part hereof which contrary to the provision set forth above shall be deemed the absolute property of Wife . Wife shall be entitled to remove said items from the marital residence at such time as the parties may mutually agree or at such time as the marital residence is sold or transferred whichever shall first occur. All remaining property not otherwise previously distributed or set forth on Exhibit "A" shall become the absolute property of Husband, except that any items not removed from the house by May 31, 2005, shall become the property of the Wife. This Agreement shall have the effect of an assignment or bill 0 sale from each party to the other for such property as may be in the individual possession of each of the parties hereto or designated to become their property as provided for herein and, should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph, upon request. 7. The parties hereto are owners as tenants by the entirety of real estate situate at 695 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania. The parties agree that they shall sell this real estate and after the deduction of all legitimate costs associated with the sale thereof, including real estate commissions if any, transfer taxes, outstanding real estate taxes, etc., and the payoffs of the mortgage to National City Mortgage with an approximate balance due of $161,800 as of date of this agreement, the home equity loan from Waypoint Bank (now Sovereign) with an approximate balance due of $39,590 (used for Husband's business and purchase ofa vehicle) as of the date of this agreement, and the further reimbursement to Wife for one-half of her payment for the mortgage, interest, taxes, and insurance of $8776 and $1655 on the home equity loan since date of separation to date ofthis agreement, totaling $5215 as of May 2005,. The parties further agree that Wife shall be reimbursed by Husband from his share of the net proceeds from said sale. The net proceeds from said sale shall then be distributed equally between the parties after payment from those proceeds for the following joint 3 marital debt: PSECU Acct. No. 0188505645 - USAA Acct. No. 5491237111925279 Sears Acct. No. 5121071800984837 $7400 5850 14,275 7.200 $34,725 Members I" Credit Union Acct. No. 48691-08 ~ Husband currently resides in the marital residenceL~~ shaJI vacate the premises on or . ~ ?-t,s'A5, ~ D'lLA ~4'z.--. e. i"-'<- J.{'s ~Yh~~ l\. before~' 31, ')fll),2. . Untit'such time as the mantal residence is sold, the parties agree to be~~. ~~ tJ.v ..k....t -b. ~ rl.~:: jointly shall be responsible for all utilities, ordinary maintenance, taxes, and the insurance ~n ~ ~.., ~ rnl")'(M. l1 1'-.:1-".; said premises and any such unpaid costs for these shall be deducted from Husliand' s share of the ~;" } e:t'Ii-A> ~r proceeds at the time of the sale.. eu;..lL ~,,'1'- ..t. The parties shall each bear equal responsibility for payment of one-ha~t~~:1~ capital gains on the residence for Federal and Pennsylvania tax purposes, if any. //o~ ~ ~ . 8. The 1996 Ford Explorer automobile currently titled in joint names, shall become the sole and absolute property of Husband, who shall pay all costs of transferring title to himself. Wife relinquishes any and all right, title and interest she may have in said vehicle. There is no debt on this vehicle. 9. The 2003 Subaru automobile currently titled in joint names shall become the sole and absolute property of Wife, who shall pay all costs of transferring title to herself. Husband relinquishes any and all right, title and interest he may have in said vehicle. The Wife shall be solely responsible for repayment of the debt on this vehicle owed to Chase Auto Finance in the amount of approximately $8689. She agrees to indemnify and. hold harmless the Husband from this obligation. The parties agree to transfer these titles to each other as stated above at the time of execution of this agreement. 10.a. The parties have divided between them to their mutual satisfaction all savings and checking accounts heretofore used by them during their marriage and all such savings and checking accounts remaining in their own individual names shall become their own absolute property . b. The parties agree that the party receiving property from individual or joint names to a party's name shall bear the cost of transferring said property. II. In the event there are not sufficient proceeds from the sale of the house to pay the 4 ( joint marital debt previously mentioned, each party agrees to be responsible for one-half of any such unpaid joint, marital debt, and each shall indemnify, save, and hold harmless the other from any expense or liability of any kind for more than one-half these obligations. Each party shall assume and be solely responsible for payment of any debts in their sole name, indemnifying, saving, and holding harmless the other from any expense or liability of any kind for these individual obligations and shall assume and be solely responsible for payment of these debts in their name. 12. Both parties relinquish and waive all right, title, claim or interest either may have in the employee benefits ofthe other, including but not limited to, retirement plans, pension plans, IRAs and, specifically, Wife's pension through her employment at the Carlisle Hospital: that is, her pension plan through HMA Associates Carlisle; with a date of separation value of $7651; and her retirement plan at Carlisle Hospital through Citistreet, Acct. No. 01130276 with a date of separation value of$14,555. The parties acknowledge that the wife's AIM Investment Acct. No. 2500039713, wife's IRA, with a date of separation value of$5480 is her separate pre- marital asset and was a gift to her from her parents. The Husband has no retirement benefits.. Both parties agree to sign any releases that may be required to effect his or her renunciation of any interest in the other party's pension or retirement plan. The parties agree to have the court enter a qualified domestic relations order transferring the amount in wife's annuity account No. 965945061 through Lincoln Financial Group in the amonnt of$I3,750.43 to Husband. The Husband shall be solely responsible for any tax consequences resulting from his withdrawal of these funds from the plan. 13. Husband shall retain as his absolute property any interest he has in the Kocher's Metal Works, Inc., which the parties have agreed has equipment assets valued at $9000.00. Wife relinquishes any and all right she might have in said business interest. Husband shall assume and be responsible for his share of any and all debts of these business and shall be entitled to all obligations of the business due and payable to the parties and this paragraph will act as an assignment of any and all such obligations to Husband. . Husband shall indemnify and hold Wife harmless from any expenses or liability she may incur on any debts assumed hereunder by Husband. Wife acknowledges that no professional valuation of the Husband's business has been requested by her 5 14. FINANCIAL DISCLOSURE (a) The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement (b) The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. (c) Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon property for inspection. The parties agree to waive any further discovery. (d) The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so. 15. Each of the parties shall hereinafter own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, acquired after the date of separation of the parties or hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 16. Except as otherwise specifically provided for herein, both parties specifically waive any and all rights they may have at present or hereafter may have for spousal support and further waive any and all rights they may have at present or hereafter may have for alimony, alimony pendente lite or separate maintenance and support as provide in Section 3701 and 6 Section 3702 ofthe Divorce Code. 17. Each party shall be individually responsible for the payment of his or her own respective attorneys fees and costs both for the negotiation and preparation of this Agreement. Costs of any divorce action, including attorney fees, shall be borne by the party filing such action. The other party shall be responsible for their own attorney fees in connection with the divorce. 18. It is understood and agreed by the parties hereto that Wife and either has fileds an action in divorce in the court of Common Pleas of Cumberland County, Pennsylvania in which he has alleged that the marriage is irretrievably broken under Section 3301(c) of the Divorce Code. Both parties further understand and agree that Wife shall continue to pursue said divorce on said grounds and that both parties agree to file the necessary affidavits of consent, waivers of notice, and/or any and all other petitions and documents necessary to effectuate the divorce. Husband and his attorney shall receive a photocopy of said decree from Wife when such is entered. 19. Except for any joint debt or obligation assumed by either party under this Agreement, each party hereby agrees to indemnify, save and hold the other harmless from all personal debts and obligations incurred by him or her in their individual name from November I, 2004 and thereafter. 20. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability other than described in this Agreement on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter instituted seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will, at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. Each party hereby releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement, or under any instrument or documents executed pursuant to this Agreement. 21. Neither party shall contract any debt or liability for which the other party or his or 7 her property or estate might be responsible, and shall indemnify and save the other harmless from any and all claims and demands made against him or her by reason of the debts or obligations incurred by the other party. 22. If either party breaches any provision 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 shall be responsible for payment of actual legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 23. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, the Wife from Ruby D. Weeks, Esquire, the Husband from Karl Rominger, Esquire, and each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that the execution on of this Agreement is not the result of any collusion or improper illegal agreements. 24. Each party shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments which may be reasonably required to give full force and effect to the provisions ofthis Agreement. 25. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter may have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court-ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to 8 seek relief of any court for the purpose of enforcing the provisions of this Agreement. 26. A modification or waiver of any of the provisions ofthis Agreement shall be effective only ifmade in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 27. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. If any terms, condition or clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, operation and effect. 29. This Agreement shall be binding and shall inure to the benefit ofthe parties hereto and to their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. ~. . (SEAL) - S. Hoover-Kocher ~ JtJC~ Steven L. Kocher (SEAL) / ... Karl Rominger, Esquire 9 COMMONWEALTH OF PENNSYL VANIA : SS. COUNTY OF CUMBERLAND On this, th~ day of JO/1 e ,2005, before me, the undersigned officer, personally appeared CAROLYN S. HOOVER- KOCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. ) COMMONWEALTH OF PENNSYL VANIA Member, Pennsylvania Association of Notaries : SS. COUNTY OF CUMBERLAND On this, th~ day of '\ It)/] e- , 2005, before me, the undersigned officer, personally appeared STEVEN 1. KOCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. ~ ~-/ ~~ ~(SEAL) Not EALTHOF~v. Ncq,faI8e&/ Wanda K H..., Nofay PlmIc CatHsIe Boro, Cunbe,tanilean, My ComnIesiool Expns May 10, all>> Member. Pennsylvania A..~-" _"on 01 NOllatea 10 n ~-~ ;:0:,.... :;:,"::' "f-:' ....., '" '~'") ~'-.'.-) ~_.<'l o -n <- C'': , ~ ::;:J f"-ti:TI . f,:;~, l:''.; " (.J '.,.,' -" -:::3 ....,., r'n CAROLYN S. HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant #05-426 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on January 25, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer r s fees or expenses if I do not claim them before a divorce is granted. 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. Dated: 1-/2-()5' :). HOOVER-KOCHER, Plaintiff tI NOTARIAl S"..Al SHIRlEY P CWYNG ':., 1'lolaIy PlM: C8rlIsle Soro, ~ CcUIlr "'CQ.-.w...~_14,_ n "" = 0 c: = -r, .' <or. <...... 3':'..,., C'': n1- r- r- -0 ill ::::,0 W C~,? ....-. " :D> ,':.:;:,' ~ ,"')0 (~~- '-R i~5rn L. ;~-;:! --J ~:n -( C..f1 -< CAROLYN S. HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant #05-426 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on January 25, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of, a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property I lawyer r s fees or expenses if I do not claim them before a divorce is granted. 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. Dated: ?~ I?- - (4- ~.r~ STEVEN L. KOCHER, Defendant Sworn and SUbscr~d to bef~ mi) this /~ day_ of U V , 200~ . /~~~ 9- ~.k/ Not ry Publ~c Nolasioot SeIlI ~ J. Junpa<, NoCary P\dc C8rtiIlIe Bcro. Cunbellar<l Coonly r.tyQ..,........ ElqinIo J\*t 23. 2006 ~.p..-MW~a~ ...., c:::> = CJ"l c...:> o -n ...... :-;,_, -n , -- _...,r;=1 -t"lC;:! ':-:~\Ci], :.. -l"\ .:'~~.F;~ C.J 71 ::'i, ...0 0'< - ....-- CAROLYN S. HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant 1105-426 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301 eel OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 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. 5 4904 relating to unsworn falsification to authorities. Date: 7-j2-05 o ,;; ;-" I ~ ...., ("""..:.:.> 5; L.. c:: r-- o "" --I :J;~ n ',__ -om -Tit.? ;;l~f~ '~f? .~ "-n .A. .< 0:> ::;:: ~ '!? c' CAROLYN S. HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant #05-426 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER S 3301 (e) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. ~. 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, 7-n "'~ ~ ~ ;r:?t:, STEVEN L. KOCHER, Defendant CJ C ::-.,. ...., = <= c.n c. r~:; C) -n -l ::i::""'r\ ;-11-'-~ r- -:-\rT~ ))~j (n) ,...1- ~sJ ~. , .. ,----:;:U .;-0 ;'--~fn t~ .-<; w "':? <n CAROLYN S. HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE/CUSTODY STEVEN L. KOCHER, Defendant #05-426 CIVIL TERM ACCEPTANCE OF SERVICE I, Karl E. Rominger, Attorney for the Defendant in the above captioned divorce and custody action, hereby accept personal service at my law office, 155 South Hanover Street, Carlisle, Pennsylvania, of the Complaint in Divorce and Custody, docketed to No. 426, Civil 20005. Dated: ;-2t-or ~ L Karl E. Rominger, Esquire ,..., = = c.n <- (~ o ..., .... ffi-n ..- ~..,ITl ~::JO ")1. ::::'lc-..J i;;'::ft ~~;~ C) ,:,;,,_rn ;::-{ ~~ .< 0.) :J:;;;. \..f? w - CAROLYN S. HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant 1105-426 CIVIL TERM PRAECIPE TO WITHDRAW COUNTS IN DIVORCE TO THE OFFICE OF THE PROTHONOTARY: Please withdraw the previous requests for Count III - Request for Division of Property and Count IV - Counsel Fees, Costs, Expenses to be withdrawn, in the above captioned divorce action since these matters have been satisfactorily resolved between the parties through a Property Settlement Agreement entered into June 30, 2005. Dated: Julv 12, 2005 /-\ ~ - '-, (; !~) h.(iCAJ Ruby D. Week6, Esquire Attorney for Plaintiff cc: Ruby D. Weeks, Esquire Karl E. Rominger, Esquire (") r---' C) = ~~:, ...-:::? -n "" '- c::: r - <..>-' ~~ _:,,- ....0 ,/ ';.:"j -( CTI - -------- CAROLYN S. HOOVER-KOCHER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant #05-426 CIVIL TERM 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 Section 3301(d). 2. Date and manner of service of the complaint: by certified mail, restricted delivery, No. 7003 1010 0001 1187 4132, on February 2, 2005. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff July 12. 2005; by the defendant Julv 12, 2005. 4. Related claims pending: NONE 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: oersonal service on Defendant's attorney. (b) Date plaintiff's Waiver of Notice in ~ 3301(c) Diyorce was filed with the prothonotary: July 12, 2005. (c) Date defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the prothonotary: July 12, 2005. /". . / (I. . !C.'-~~ )y L-cLJUL- RUBY D. WEEKS, ttorney tor the Pla1nt1tt Date: July 12, 2005 C r-' CJ , c::::) ~~-; ~ -r\ <p ,., , 0) '--R ...... ---------- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + + . . . . + + . + . + . + + . + + . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . +. . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PEN NA. CAROLYN S. HOOVER-KOCHER, Plaintiff N 05-426 O. cr..-II:, ACTI6N IN DIVORCE bAll CIVIL TERM VERSUS STEVEN L. KOCHER, Defendant DECREE IN DIVORCE AND NOW,~1 CAROLYN S. HOOVER-KOCHER - 2.~"'" IT IS ORDERED AND DECREED THAT , PLAINTIFF, STEVEN L. KOCHER AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; A PROPERTY SETTLEMENT AGREEMENT IS ATTACHED AND MADE A PART HEREOF FOR PURPOSES OF ENFORCEMENT. , "i - ~ ~ ,~ ~ .~ "- , " , , , '. ~ , - "' , , AT T(t~. _~ ---~ PROTHONOTARY . . - . "',-., .'",- ./. .-. / , :.....-..:. ,~\.. ' "" ~ 'If'.. ~, V :"'>....~....._t~ . ~ 'to'+' 'f :+::f. ,.,:+;'f. :+: Of;+; . 'f';f'f. ;t; .. 'f ;+;'f. 'fi:t:'f:: Of . ... . . . . . + + . . . . . . . . . . + . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . + + . . . + + . . J. . . . . . . . . . . . " ~ ~?~ ~u; .5C?;5C"( ~ r ;E. ~-~'/'9 j?75C"t., C'. :; ! ~ . ." ~ , CAROLYN S. HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant #05-426 CIVIL TERM QUALIFIED DOMESTIC RELATIONS ORDER The marriage of Carolyn S. HooverLlolr~:~~ Steven L. Kocher has been dissolved by Court Order dated J. . In connection with the marital distribution between the parties, he articipant assigns a portion of tax deferred annuity benefits to the Alternate Payee as set out below. The plan subject to the Qualified Domestic Relations Order ("QDRO") is as follows: PLAN NAME: Employer/Sponsor 403(b) Tax Deferred Annuity Plan which is funded by the Lincoln National Life Insurance Company, Contract No. 96-5945061 PARTICIPANT: Carolyn S. Hoover-Kocher Address: 340 Mountain View Road Carlisle, PA 17013 Date of Birth: May 23, 1956 Soc. Sec. #: 188-50-5645 ALTERNATE PAYEE: Steven L. Kocher Address 695 Mt. Rock Road Carlisle, PA 17013 Date of Birth: May 6, 1963 Soc. Sec. #: 304-86-4362 The Participant was employed by: Carlisle Hospital (now Carlisle Regional Medical Center), Carlisle, Pennsylvania. The Participant terminated employment effective: June 10, 2005. The Participant assigns to the Alternate Payee $13,750.43 as of date of divorce decree which shall be paid in the form of a lump-sum distribution directly to the Alternate Payee. Alternate Payee shall be solely responsible for any tax consequences resulting from his withdrawal of these funds from the plan. This assignment of benefits does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided or available under the Plan. This assignment of benefits does not require the Plan to provide increased benefits nor does it require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another court order previously determined to be a Qualified Domestic Relations Order. The court retains jurisdiction to amend this QDRO for the purposes of establishing or maintaining its qualification as a QDRO under the Retirement Equity Act. The Participant and Alternate Payee shall each be solely responsible for any income taxes and penalties arising out of any distributions, if eligible I from their respective annuities. Dated at ~ ~. ~V\-S-ti~-M~ CAROL S. HOO ER-KOCHER Participant .;f , this 0;) day of July, 2005. ~~d STEVEN L. KOCHER +;V:~ 01. /. -91pclL, ~ ~ 1; J,J.lr!~': ." '~:'\li-''i ,'" 'V Z Q : II [Ii! S2 -]If Se02 J;.1\1:"'"...e' :...,,~: . Au t.j.'..,/< ~\..CL~U~':) :iHl :!O =JJI::bO-(Jjli~ CAROLYN S. HOOVER-KOCHER, plaintiff IN THE COUR~~ OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant #05-426 CIVIL TERM PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT, F.ICT FORMER HUSBAND FROM MARITAL RESIDENCE AND GRANT EXCLUSIVE POSSESSION TO PETITONER WIFE TO SELL PROPERTY Comes now, Carolyn Hoover-Kocher, Petitioner, of 340 Mountain View Place, Shippensburg, PA 17257, by and through her attorney Ruby D. Weeks, Esquire; and avers: 1. Carolyn Hoover-Kocher was the Plaintiff in the abovl:!-captioned divorce action in which a decree was granted July 21, 2005, by this Honorable Court. 2. Respondent is Steven L. Kocher who was the Defendant in said divorce action and who has resided in the marital residence at 695 Nount Rock Road, Carlisle, PA 17013, and continues to do so. 3. On June 3D, 2005, the parties entered into a marriage settlement agreement whereby Husband agreed to remove himself from the marital residence on or before July 15, 2005 (see paragraph 7, page 4 of attached agreement made a part hereof as Exhibit A). Wife lent Husband $1500.00 as per said agreement (See also note of July 12, 2005, as Exhibit B and photocopy of check to Husband attached hereto and made a part hereof as Exhibit C) . 4. In addition, Husband has received a $13,750.43 distribution from wife's Lincoln Financial Group as per the Qualified Domestic Relations Order in this matter (See a copy attached and made a part hereof as Exhibit D) . 5. wife has expended $1,352.00 in efforts to cl"ar and clean the marital residence for sale as per the attached listing made a part hereof as Exhibit E. 6. Husband has made little or no effort to remove himself, his property, or to assist in the cleaning or maintenance of the property since separation, rather in fact allowing what work Wife has expended funds and efforts on to deteriorate, thereby making a sale difficult. 7. Although there is a contract to sell the marital residence currently, along with a $1,500 deposit on said contract held by the realtor, there is an as yet unmet contingency regarding the sale and wife still is making efforts to show the property with few results because of the condition of the property. 8. Wife seeks to have Husband evicted from the marital resident with exclusive possession to be given here in order to effectuate sale of the property. 9. As provided in paragraph 22, page 8 of the Marriage Settlement Agreement, Wife seeks payment from Husband of her actual legal fees and costs incurred in enforcing this Agreement breached by Husband. Wife's attorney fees from July 15, 2005 to the present have been at the rate of $175.00 per hour and she will continue to incur this expense to enforce this Agreement. She has expended $3.78 on the service of this petition by certified mail to date. 10. Karl Rominger, Esquire, Attorney for Respondent is aware this Petition was being filed and has been provided a copy. It is not know, but assumed Respondent is not in agreement. WHEREFORE, Petitioner seeks an Order immediately evi.cting Respondent from the property at 695 Mount Rock Road, Carlisle, PA 17013, and granting Petitioner exclusive possession of said property, as well as awarding $320.25 in attorney fees and $3.78 costs to Petitioner to be paid immediately by Respondent, as well as any such continuing costs of enforcing the Marital Settlement Agreement of June 30, 2005. Respectfully submitted, ~'U~ Ruby D. W eks, Esquire Attorney for petition~ oove'!!~~r, p~er Date: September 9, 2005 cc: Karl Rominger, Esquire Attorney for Respondent Ruby D. Weeks, Esquire Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct. (Jow<-~ sworn to and subscribed to before me this ~ day Ofel~ ,2~ ~~~~ Notary Public COMMONWEALTH OF PENNSYLVANIA NolarIaI Seal Wanda K. HlI1Ier, NolaIy NlIIc ClullsIe 80m, Clrnbedand County MyCan.IIs8O.. ElcpIreo May 10, 2009 Member, Pennsylvania Assoclatlon of Notaries ~ ~ ~, '.. " MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this.$97~ay of ~ :1005, by and betw'tfP '" CAROLYN S. HOOVER-KOCHER, hereinafter~s Wife, and STEVE~L. ~ r~'c:~-_' ?= KOCHER, hereinafter referred to as Husband, ::c: I'''' o TI .-j :1:...... f'" " :r:rCn CJ ___,,_."J WITNESSETH: :,. . -,~'.. ~~ WHEREAS, the parties hereto are Husband and Wife, having been marrit'd'<>~ Ju~e 252~;, -~; \...0 eJI11 ...~- .. ---I 1993, in Hagerstown, Washington County, Maryland; and they separated Novembe~OO4,..and:"s co -.< WHEREAS, there has been one child born of this marriage, namely, Morgan Nicole Kocher, born February 27,1995; and WHEREAS, diverse unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties as a result of which they are living separately and apart; and WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the settling of their property rights and other rights and obligations growing out of their marriage; and WHEREAS, it is the desire of the parties to effect a complete and full settlement with respect to any and all claims, obligations, rights, duties and responsibilities of the parties with respect to the marriage, including but not limited to financial and property rights and obligations between each other in accordance with the provisions of the Divorce Code. NOW, THEREFORE, considering the above conditions and circumstances, and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, and intending to be legally bound hereby, it is agreed as follows: 1. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 2. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as ifhe or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabited or dwell with him or her. 1 " ". 3. Wife relinquishes her inchoate interstate right in the estate of Husband, and Husband relinquishes his inchoate interstate right in the estate of Wife, and each of the parties hereto, by these presents for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the olther party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action, or suits at law or in equity, of whatsoever kind of nature, for or because of a matter or thing done, omitted or suffered to be done by said party prior to and including the date hereof, except that this release shall in no way affect any cause of action in any absolute divorce which either party may have against the other, nor shall this release affect any cause of action which either party may have against the other of whatever nature, arising or which may arise, under this Agreement or for the breach of any provision thereof. 4. Nothing contained in this Agreement shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against each other in any jurisdiction based upon any of the grounds for divorce specified in Section 3301 ofthe Pennsylvania Divorce Code. In the event any such action ,is pursued or initiated, the parties shall be bound by all the terms of the Agreement. This Agreement may be submitted to the Court for approval pursuant to the Pennsylvania Divorce Code, with a request that it be incorporated into the Final Decree; and, in any event, this Agreement shall survive any Divorce Decre,e, shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties, and continue to be enforceable in accordance with its terms. 5. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code, and have taken into account all considerations set forth therein. The division of existing martial property is not intended by the parties to constitute in any way a sale or exchange of assets, and a division is being effected without the introduction of outside funds or property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights and any other rights of the parties. 2 , ., 6. Except as otherwise specifically set forth herein, the parties have divided between them to their mutual satisfaction the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither will make any claim to any such items which are now in the possession or control of the other. As of the date of the execution of this Agreement, Husband has in his possession and control at the marital residence all items but those items listed on Exhibit "A" attached hereto and made a part hereof which contrary to the provision set forth above shall be deemed the absolute property of Wife. Wife shall be entitled to remove said items from the marital residence at such time as the parties may mutually agree or at such time as the marital residence is sold or transferred whichever shall first occur. All remaining property not otherwise previously distributed or set forth on Exhibit "A" shall become the absolute property of Husband, except that any items not removed from the house by May 31, 2005, shall become the property of the Wife. This Agreement shall have the effect of an assignment or bill 0 sale from each party to the other for such property as may be in the individual possession of each of the parties hereto or designated to become their property as provided for herein and, should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph, upon request. 7. The parties hereto are owners as tenants by the entirety of real estate situate at 695 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania. The parties agree that they shall sell this real estate and after the deduction of all legitimate wsts associated with the sale thereof, including real estate commissions if any, transfer taxes, outstanding real estate taxes, etc., and the payoffs of the mortgage to National City Mortgage with an approximate balance due of $161,800 as of date of this agreement, the home equity loan from Waypoint Bank (now Sovereign) with an approximate balance due of $39,590 (used for Husband's business and purchase of a vehicle) as of the date of this agreement, and the further reimbursement to Wife for one-half of her payment for the mortgage, interest, taxes, and insurance of $8776 and $1655 on the home equity loan since date of separation to date of this agreement, totaling $5215 as of May 2005,. The parties. further agree that Wife shall be reimbursed by Husband from his share of the net proceeds from said sale. The net proceeds from said sale shall then be distributed equally between the parties after payment from those proceeds for the following joint 3 marital debt: PSECU Acct. No. 0188505645 - USAA Acct. No. 5491237111925279 . $7400 5850 Sears Acct. No. 5121071800984837 14,275 ~~' Husband currently resides in the marital residence aqe! shaJlllacate the premises on or . ~ ?_/S-o$, ~ &Y"I--A ~ ck'z.~ '-'!1<- ~. H's ~yn~ ~ l\. before Ma'y 31, 71)0i. . Untifsuch time as the mantal residence is sold, the parties agree to be ~$x>" L~ . . 1 h 11 b 'bl fi 11 '1" d" d ~h' -I>. ~--L"f.~:~.J;., JOInt y S a e responsl e or a uti ltles, or Inary maIntenance, taxes, an t e Insurance on . ....,.,....,. ~~ ~ T"ntM ~ ?-.2'~.; said premises and any such unpaid costs for these shall be deducted from Hus15and's share of the ~-i.., k. p'ft"1 ~r proceeds at the time of the sale.., ~~~ The parties shall each bear equal responsibility for payment of one-ha~t~~ ft: :;t~/ capital gains on the residence for Federal and Pennsylvania tax purposes, ifany. //o~ ~ ~. 8. The 1996 Ford Explorer automobile currently titled in joint names, shall become the sole and absolute property of Husband, who shall pay all costs of transferring title to himself. Wife r,elinquishes any and all right, title and interest she may have in said vehicle. There is no debt on this vehicle. Members 1st Credit Union Acct. No, 48691-08 7.20Q $34,725 9. The 2003 Subaru automobile currently titled in joint names shall become the sole and absolute property of Wife, who shall pay all costs of transferring title to herself. Husband relinquishes any and all right, title and interest he may have in said vehicle. The Wife shall be solely responsible for repayment of the debt on this vehicle owed to Chase Auto Finance in the amount of approximately $8689. She agrees to indemnify and. hold harmless the Husband from this obligation. The parties agree to transfer these titles to each other as stated above at the time of execution of this agreement. 10.a. The parties have divided between them to their mutual satisfaction all savings and checking accounts heretofore used by them during their marriage and all such savings and checking accounts remaining in their own individual names shall b,~come their own absolute property. b. The parties agree that the party receiving property from individual or joint names to a party's name shall bear the cost of transferring said property. 11. In the event there are not sufficient proceeds from the sale of the house to pay the ( 4 .. joint marital debt previously mentioned, each party agrees to be responsible for one-half of any such unpaid joint, marital debt, and each shall indemnify, save, and hold harmless the other from any expense or liability of any kind for more than one-half these obligations. Each party shall assume and be solely responsible for payment of any debts in their sole name, indemnifying,. saving, and holding harmless the other from any expense or liability of any kind for these individual obligations and shall assume and be solely re:sponsible for payment ofthese debts in their name. 12. Both parties relinquish and waive all right, title, claim or interest either may have in the employee benefits of the other, including but not limited to, retirement plans, pension plans, IRAs and, specifically, Wife's pension through her employment at the Carlisle Hospital: that is, her pension plan through HMA Associates Carlisle; with a. date of separation value of $7651; and her retirement plan at Carlisle Hospital through Citistreet, Acct. No. 01130276 with a date of separation value of$14,555. The parties acknowledge that the wife's AIM Investment Acct. No. 2500039713, wife's IRA, with a date of separation value of $5480 is her separate pre- marital asset and was a gift to her from her parents: The Husband has no retirement benefits.. Both parties agree to sign any releases that may be required to effect his or her renunciation of any interest in the other party's pension or retirement plan. The parties agree to have the court enter a qualified domestic relations order transferring the amount in wife's annuity account No. 965945061 through Lincoln Financial Group in the amount of $13,750.43 to Husband. The Husband shall be solely responsible for any tax consequences resulting from his withdrawal of these funds from the plan. 13. Husband shall retain as his absolute property any interest he has ih the Kocher's Metal Works, Inc., which the parties have agreed has equipment assets valued at $9000.00. Wife relinquishes any and all right she might have in said business interest. Husband shall assume and be responsible for his share of any and all debts of these business and shall be entitled to all obligations of the business due and payable to the parties and this paragraph will act as an assignment of any and all such obligations to Husband. . Husband shall indemnify and hold Wife harmless from any expenses or liability she may incur on alny debts assumed hereunder by Husband. Wife acknowledges that no professional valuation of the Husband's business has been requested by her 5 14. FINANCIAL DISCLOSURE (a) The parties confirm that each has relied on the substantial. accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement (b) The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. (c) Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of docum(:nts or entry upon property for inspection. The parties agree to waive any further discovery. (d) The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so. 15. Each of the parties shall hereinafter own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, acquired after the date of separation of the parties or hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, iin all respects and for all purposes, as though he or she were unmarried. 16. Except as otherwise specifically.provided for herein, both parties specifically waive any and all rights they may have at present or hereafter may have for spousal support and further waive any and all rights they may have at present or hereafto:r may have for alimony, alimony pendente lite or separate maintenance and support as provide in Section 3701 and 6 Section 3702 of the Divorce Code. 17. Each party shall be individually responsible for the payment of his or her own respective attorneys fees and costs both for the negotiation and pn~paration of this Agreement. Costs of any divorce action, including attorney fees, shall be borne by the party filing such action. The other party shall be responsible for their own attorney fees in connection with the divorce. 18. It is understood and agreed by the parties hereto that Wife and either has fileds an action in divorce in the court of Common Pleas of Cumberland County, Pennsylvania in which he has alleged that the marriage is irretrievably broken under Section 330l(c) of the Divorce Code. Both parties further understand and agree that Wife shall continue to pursue said divorce on said grounds and that both parties agree to file the necessary affidavits of consent, waivers of notice, and/or any and all other petitions and documents necessary to effectuate the divorce. Husband and his attorney shall receive a photocopy of said decree from Wife when such is entered. 19. Except for any joint debt or obligation assumed by either party under this Agreement, each party hereby agrees to indemnify, save and hold the other hannless from all personal debts and obligations incurred by him or her in their individual name from November 1, 2004 and thereafter. 20. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability other than described in this Agreement on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter instituted seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will, at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold hannless the other party in respect to all damages resulting therefrom. Each party hereby releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement, or under any instrument or documents executed pursuant to this Agreement. 21. Neither party shall contract any debt or liability for which the other party or his or 7 her property or estate might be responsible, and shall indemnify and save the other harmless from any and all claims and demands made against him or her by reason of the debts or obligations incurred by the other party. 22. If either party breaches any provision 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 shall be responsible for payment of actual legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 23. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, the Wife from Ruby D. Weeks, Esquire, the Husband from Karl Rominger, Esquire, and each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that the execution on of this Agreement is not the result of any collusion or improper i11egal agreements. 24. Each party shall, from time to time, at the request ofthe other, execute, acknowledge and deliver to the other party any and all fmiher instruments which may be reasonably required to give full force and effect to the provisions ofthis Agreement. 25. This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter may have algainst the other for equitable distribution oftheir property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court-ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to 8 seek relief of any court for the purpose of enforcing the provisions of this Agreement. 26. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 27. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. If any terms, condition or clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, operation and effect. 29. This Agreement shall be binding and shall inure to the benefit of the parties hereto and to their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WI~~ RubyD. eks, E~ ~ ~. . . ~(SEAL) Carol S. Hoover-Kocher ~.l ~L(SEAL) Steven L. Kocher " -- Karl Rominger, Esquire COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On this, th~ day of JU/J e ,2005, before me, the undersigned officer, personally appeared CAROLYN S. HOOVER- KOCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. ) COMMONWEALTH OF PENNSYLVANIA Member. Pennsylvania Association of Notaries : SS. COUNTY OF CUMBERLAND On this, th~ day of ~ /IJ/J e- , 2005, before me, the undersigned officer, personally appeared STEVEN L. KOCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he execu~ed the same for the purposes therein contained.. ~ u' ~~~ ~(SEAL) Nota EALTHOf'PENNSYlV Notarial Seal Wanda K Hl.Ilfsr,Nofay Plttc CaItIsle 80m, CunIl8Jfanll Ccu1Iy My Corrvn1sobi &p/ms May 10, ax>> Member, PennsylvanIa A'!lOClatlon of Notattes ,., ~~Lhl-J ~ NOTE For value received and per paragraph seven (7) of the Marriage Settlement Agreement of June 30, 2005 entered into between Carolyn S. Hoover-Kocher and Steven L. Kocher, I promise to pay, without defalcation, to the order of Carolyn Hoover-Kocher, the actual amount of my moving expenses as documented by receipts from the service provider up to One Thousand Five Hundred dollars and no cents ($1500.00) within one hundred (100) days from the date herein or from Steven L. Kocher's share of proceeds from the sale of the marital residence should that occur first. Said loan is to be at eight per cent (8%) interest. Date: July /;J.. , 2005 jJ ;;tJ d (Seal) ~.L. Kocher 695 Mt. Rock Road Carlisll~, Pa. 17013 M Q~k\61+- L ,- / \ -,T.' . . - ~~,' ~-}:~-:'~~':\"':-"" 1. 6O-72691Z31'3 CAROLYN HOOVER,KOCHER j. "3381137069 ~ ':~ s3~~~%~~~~H~;iR,t~~; .:Z:,.' ~. "~~~" ,!"!~"f'~:~~'f~ Ii 4fJ3V'!:r!A~~..~~jJ;:', .',~'::'.,~'$&~q?~ I .CJr.-1-~~tj.A1;;/fAJH Jutr:/Y"J~L:::.. .' -. .wn ~ ! '.Sovereign'Bank .:.', ,:..' '., ", ..i,::,:~~~;~,Q~~~ · 563 -..':-. e"::' - ,. c~ UA T) ,., CAROLYN S. HOOVER-~OCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlJNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant #05-426 CIVIL TERM OUALIFIED DOMESTIC RELATIONS ORDgR The marriage of Carolyn S. Hoover-Kocher and Steven L. Kocher has been dissolved by Court order dated /J.uf.,)/.~. . In connection with the ma,ital distribution between the parti~~ot~e'~a-rt;cipant assigns a portion of taX deferred annuity benefits to the Alternate payee as set out below. The plan subject to the Qualified Domestic Relations Order ("QDRO") is as follows: pLAN NAME: Employer/Sponsor 403(b) Tax Deferred Annuity plan which is funded by the Lincoln National Life Insurance Company, contract No. 96-5945061 P.hRTICIPANT: Carolyn S. Hoover-Kocher Address: 340 Mountain view Road carlisle, PA 17013 Date of Birth: May 23, 1956 Soc. Sec. #: 188-50-5645 ALTERNATE PAYEE: Steven L. Kocher Address 695 Mt. Rock Road Carlisle, PA 17013 Date of Birth: May 6, 1963 Soc. Sec. #: 304-86-4362 The Participant was employed by: Carlisle Hospital (now Carlisle Regional Medical Center), Carlisle, pennsylvania. The participant terminated employment effective: June 10, 2005. The participant assigns to the Alternate payee $13,750.43 as of date of divorce decree which shall be paid in the form of " lump-sum distribution directly to the Alternate Payee. Alternate payee shall be solely responsible for any tax consequences resulting from his withdrawal of these funds from the plan. This assignment of benefits does not require the plan to provide any type or form of benefit, or any option, not otherwise provided or available under the plan. This assignment of benefits does not require the plan to provide increased benefits nor does it require the payment of benefits to an Alternate Payee which arc required to be paid to another Alternate po.yee under another court . order previously determined 'to be a Qualified Domestic :~elations Order. The court retains jurisdiction to amend this QDRO for the purposes of establishing or maintaining its qualification as a QDRO under the Retirement Equity Act. The Participant and Alternate payee shall each be solel.y responsible for any income taxes and penalties arising out of any distributions, if eligible, from their respective annuities. sf this 0)/ day of July, J7. -/ KL ~)CHER ' Alternate payee 2005. Dated at /J.J~ ;;.. , ~~4~~ participant l-t p. 11').y~ &u. 9' T~UE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. Trus ...~....". day Of.tit.. .........~.r.. ...............'i&.WAALf ,<f::'~. ~ p'fCr.oI'I".r.n-............. ,. . Protflo.:.oi .~.. ......- C21-l,6;-t L ~ EXPENSES TO CLEAR AND CLEAN RESIDENCE Lawn Care Cleaning Stones for driveway Kough's Oil Service Total $340.00 $250.00 $142.00 $620.00 $1,352.00 ~~) '" (.:';':;' () c;:';:, c.r, -'/'1 (0 --; r-'l .::r::n ~, f/1F::z - ~r,: tv ;;"::,7'?' 2:~~ .'~,';~ -.". '--,., ,\---.' S' ; '~:)~ r;? I "~1 Cj ,->- ,"J] 0.) '"", v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW IN DIVORCE CAROLYN S. HOOVER-KOCHER,: PLAINTIFF STEVEN 1. KOCHER, DEFENDANT #05-426 CIVIL TERM DEFENDANT'S ANSWER TO RULE TO SHOW CAUSE AND NOW comes, Steven 1. Kocher, by and through is attorney, Karl E. Rominger, Esquire, and provides the following as Answers to Ru1e to Show Cause: 1. Admitted. 2. Admitted. 3. Admitted and denied; It is admitted that parties enteI'1~d into a marriage settlement agreement on June 30, 2005. By way of further answ~r, Defendant has removed his articles from the marital residence; however, Defendlmt has put a deposit on new residence but carmot move into said residence until October I, 2005. 4. Admitted. 5. Admitted and denied; It is admitted that Wife expend\~d monies to clear and clean residence. By way further answer, Defendant avers marital residence is in salable condition; however, Plaintiff still has items stored at marital residence. 6. Denied. It is denied that Defendant has made little or no effort to remove himself, property or kept residence in salable condition. 7. Denied. It is denied that Defendant has made little or no effort to remove himself, property or kept residence in salable condition. 8. Denied. Defendlmt has put a deposit on new reside\nce, but carmot move into said residence until October 1,2005. 9. Denied. Strict proof is of same is demanded. 10. Admitted. WHEREFORE, Defendlmt respectfully requests this Honorable Court to extend the time of his eviction until October 2,2005; at that time, Defendant will be out of marital residence and in his new residence. Dated: September 19,2005 Respectfullly submitted, ROMING:ER, BAYLEY & WHARE ?- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendlmt CAROLYN S. HOOVER-KOCHER,: PLAINTIFF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION- LAW IN DIVORCE STEVEN 1. KOCHER, DEFENDANT #05-426 CIVIL TERM VERIFICATION Karl E. Rominger, ESQUIRE, states that he is the attomey for Steven L. Kocher, Defendant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. Pa.C.S. g4904, relating to unsworn falsification to authorities. Date: X/I /'1,; L IIor ~- Karl E .Rominger, Esquire Attorney for Defendant CAROLYN S. HOOVER-KOCHER,: PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION- LAW IN DIVORCE STEVEN 1. KOCHER, DEFENDANT #05-426 CIVIL TERM CERTIFICATE OF SERVI(;E I, Karl E. Rominger, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the Defendant's Answer to Rule to Show Cau.se upon the following by HAND DELIVERY. Ruby D. Weeks, Esquire 10 West High Street Carlisle, PA 17013 Dated: September 19,2005 Respectfully submitted, ROMING:E~R, BAYLEY & WHARE ----- :) ,c::;-- Karl E. Rom~nger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Collrt ID # 81924 Attorney for Defendant () c ~ ~ (/) CJ Q. ~~ ~ ~~ ~ c;;;I?"> -- t,ffl :::. """ " :t>. r ~ co ~"" ~~;1 y~ 6; (/~ G~_ "'r;"" ,--~- "><f-~-' i~ ?2" 2 CAROLYN S. HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE STEVEN L. KOCHER, Defendant #05-426CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R,C,P, 1920,4 (a) (1) (ii) COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for Carolyn S, Hoover-Kocher, being duly sworn according to law, depose and say that a true and correct copy of the Rule to Show Cause was served on Karl Rominger, Esquire, Attorney for Defendant, Steven L. Kocher, at 155 South Hanover Street, Carlisle. cumberland County. Pennsylvania, 17013. by mailing the same to him by regular mail, on September 12, 2005. RUb:~~ Sworn and subscribed to before me this ad day of September, 2005. \N~~fd;;~ ' COMMONWEALTH OF PENNSYlVANIA NoIadaI SeeI Wanda K. Htner. Nolary PtbIc Call1sIe Boro. CtnIbe,fBnil Ccxny My~ Ellpir80 May 10, 2001 Member, Pennsylvania ASSociation of Notaries :-' c:.::, '::-'~::> 1.:,..;1 ~:? ,.\ -~::' r0 r\~ .r- ..., -::-::'\ ~~t. .>>' ."":: . . R~r~q.-~ I .........t.- ..:......- CAROLYN S. HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW IN DIVORCE STEVEN L, KOCHER, Defendant #05-426 CIVIL TERM RULE TO AND NOW, this ~ day of consideration of the within Petition, SHOW CAUSE ~tf ' a Rule is hereby issued upon Steven L. , 2005. upon Kocher to show cause why petition to enforce property settlement agreement, evict former Husband from marital residence and grant exclusive possession to petitioner wife to sell property should not be issued. Rule returnable and hearing on the 3JM ~tP~ day of 2005, at Court Room No. ~ at 1:30 fL.m, Karl Rominger, Esquire Attorney for Respondent J '~ ~ C}_/~.D{ Ruby D. Weeks, Esquire Attorney for Petitioner ~ ,-}- ~ -rJFVF/ '1i1~5 ~ ^r ...) "'I 0 -'~rr "".J t1' , . ~ r- ~ C> \5 .. - -:J ~:;2: - ,-)'5 p:~ ~ o~ ,.J-'r::- ~::>. ~2 n.::J ..0 ",-,.... "":teD we>. _,)2 e~ fu ;.:r..Z ',.LtW en :;'90- ~ >- :5 5 <.) CAROLYN S, HOOVER-KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION -- LAW IN DIVORCE STEVEN L, KOCHER, Defendant #05-426 CIVIL TERM PRAECIPE TO WITHDRAW RECORQ To the Prothonotary: Please withdraw without prejudice the Petition to Enforce property settlement agreement, evict former husband from marital residence a.nd grant exclusive possession to Petitioner wife to sell property in the above matter filed September 16, 2005, and set for hearing on December 30. 2005 at Court Room No.1 at 90:30 a.m. before Judge J. Wesley Oler, Jr. Date: December 21, 2005 ~uh~ RUBY D. WEEKS, Es lre Attorney for Petl oner cc: Karl Rominger, Esquire Attorney for Respondent Ruby D. Weeks. Esquire Attorney for petitioner Carolyn Hoover-Kocher, Petitioner (') ,..., Cl = c; C..::J -n a. .' ::;i , -~ 0 01 "';--"'T1 C-' rlip N -cCD ';)\.? N ~~~ ~~~ "2";: M."" ,0 ~{n J,c _r::- ~ ro ------