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HomeMy WebLinkAbout05-3976J KENNETH E. KOUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW SARAH K. KOUGH NO. 3q1 G CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 KENNETH E. KOUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SARAH K. KOUGH : NO, e5-347,?, CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Kenneth E. Kough, an adult individual currently residing at 147 Steelstown Road, Newville, Cumberland County, Pennsylvania, 2. Defendant is Sarah K. Kough, an adult individual currently residing at 147, Steelstown Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 26, 1985, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, '*AcyAj _aK A& nr\-Slmra p-, Hannah Herman-Snyder, Esquite Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: '? a r, . 4 KENNETH E. KOUGH, ain ff ?t Y t_ a W o fi G KENNETH E. KOUGH, Plaintiff V. SARAH K. KOUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 05-3976 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Nathan C. Wolf, Esquire acknowledge that on or about l zdaf received a copy of Plaintiffs Complaint for Divorce directed to Defendant, in the above captioned action and acknowledge that I am authorized to do so on behalf of Sarah K. Kough. Date: Nathan C. Wol , Esquire 37 Sou ver Street, Suite 201 C?fflisle-T'A n N ° C? o cn 1% rf? ?.. ..? ; T ? 4T ti_ ? ? ? :; ? :.< , Ln STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE, PA 17073 (717) 211-4436 ATTORNEY FOR DEFENDANT KENNETH E. KOUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SARAH K. KOUGH, : NO. 05 - 3976 CIVIL TERM Defendant : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 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 Prothonotarys 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. April 2006 4.?? ARAH K. KOUGH, efendant t? a?i r - : ?f , ;_ STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 741-4436 ATTORNEY FOR DEFENDANT KENNETH E. KOUGH, Plaintiff V. SARAH K. KOUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 3976 CIVIL TERM IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(D) OF THE DIVORCE CODE NOW, comes the defendant, Sarah K. Kough, by her attorney, Stacy B. Wolf, Esquire, and responds to the complaint in divorce as follows: 1. The averments of fact contained in paragraph one of Plaintiff's complaint are admitted. 2. Denied. Defendant is an adult individual currently residing at 182 Big Spring Terrace, Newville, Cumberland County, Pennsylvania. 3. The averments of fact contained in paragraph three of Plaintiff's complaint are admitted. 4. The averments of fact contained in paragraph four of Plaintiff's complaint are admitted. 5. The averments of fact contained in paragraph five of Plaintiff's complaint are admitted. 6. The averments of fact contained in paragraph six of Plaintiff's complaint are admitted. 7. Denied. Defendant is without sufficient information or knowledge to form a belief as to the truth of the averments of fact contained in paragraph seven of Plaintiff's complaint. 8. The averments of fact contained in paragraph eight of Plaintiff's complaint are admitted. 9. The averments of fact contained in paragraph nine of Plaintiff's complaint are admitted. 10. No response is required to the averments of fact contained in paragraph ten of Plaintiff's complaint. WHEREFORE, the defendant demands judgment dissolving the marriage of the parties. NEW MATTER 11. Defendant's responses to the averments of paragraphs one through ten of Plaintiff's complaint are incorporated herein by reference as though fully set forth herein. 12. Defendant is unable to sustain herself during the course of litigation. 13. Plaintiff has the means and ability to pay alimony pendente lire and alimony to Defendant. 16. Defendant requests your Honorable Court allow her alimony as it deems just and reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. 17. Defendant requests your Honorable Court to allow her alimony pendente lire, reasonable counsel fees, and expenses as it deems just and reasonable pursuant to Section 3702 of the Pennsylvania Divorce Code. WHEREFORE, the defendant requests that the Court order payment of alimony, alimony pendente lire, counsel fees and expenses as the Court deems just and reasonable; and for such further relief as your Honorable Court may deem equitable and just. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. April 7 2006 tea' SARAH K. KOUG , Defendant Respectfully submitted, April ! 7 , 2006 STACY B. WOLF, ESQUIRE Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT KENNETH E. KOUGH, Plaintiff V. SARAH K. KOUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 05 -3976 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, have served a true and correct copyof Defendant's Answerwith New Matter to Plaintiff's Complaint in Divorce upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Hannah Herman-Snyder, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 WOLF & WOLF ?J April2006 By: STACY B. W F, ESQUIRE Attorney for Defendant 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 89732 i" r r?i t ' :.. ? ?? ? . -. ? ? _V ? i w. ?. _ -, c, _ n _i ?:? _. C ?? .{ v STACY B. WOLF, ESQUIRE ATTORNEY ID N0.88732 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT KENNETH E. KOUGH, Plaintiff v. SARAH K. KOUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 05-3976 CIVIL TERM IN DIVORCE MOTION FOR HEARING O DEFENDANT'S PETITION FOR ALIMONY PENDENTE LITE AND NOW comes Stacy B. Wolf, Esquire, counsel for Sarah K. Kough and requests the Court to schedule a hearing on her Petition for AlimonyPendente Lite. Respectfully submitted, WOLF & WOLF April,, 2006 By: STACY B. WOLF, ESQUIR9 Attorney for Defendant 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT KENNETH E. KOUGH, Plaintiff V. SARAH & KOUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 05 - 3976 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, have served a true and correct copy of the foregoing document upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Hannah Herman-Snyder, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 WOLF & WOLF April , 2006 By: V ? STACY B. WOLF, ESQUIRE Attorney for Defendant 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 KENNETH E. KOUGH, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-3976 CIVIL TERM SARAH K. KOUGH, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 420108296 ORDER OF COURT AND NOW, this 19`h day of May, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on Tuesday June 13 2006 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on May 19, 2006 to: Petitioner Respondent Stacy B. Wolf, Esquire Hannah Herman-Snyder, Esq. ' ` Date of Order: May 19, 2006 J. adday Conference tle Officer r YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 Cl) c rV o ?- -' ' ,7, __ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SARAH K. KOUGH ) Docket Number 05-3976 CIVIL Plaintiff ) vs. ) PACSES Case Number 420108296 KENNETH E. KOUGH ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 13TH DAY OF JUNE, 2006 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE filed on APRIL 17, 2006 in the above captioned matter is dismissed without prejudice due to: THE PARTIES' INCOMES AND THE PENNSYLVANIA SUPPORT GUIDELINES. O The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: N -L ?," ? -- M. L. Ebert, Jr., JUDGE ARn hadday Form OE-506 32YV?cei8 Worker ID 21005 c -', - ra KENNETH E. KOUGH, Plaintiff V. SARAH K. KOUGH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3976 IN DIVORCE NOTICE CIVIL TERM If you wish to deny any of the statements set forth in the attached affidavit, you must file a counter-affidavit within twenty days after this Affidavit nas been served on you or Lhe statements will be admitted. AFFIDAVIT UNDER 43301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or before August 4, 2005, and have continued to live separate and apart since that time. 2. The marriage is irretrievable broken. 3. 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. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: KENNETH E. KOUGH, Ftknt'ift/ d Q ? trt' t_ cr) KENNETH E. KOUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW SARAH K. KOUGH NO. 05-3976 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Now comes Kenneth E. Kough, Plaintiff in the above-captioned matter, and pursuant to the provisions of 18 Pa. C.S. Section 4904, deposes and says that the Defendant in this action, to wit, Sarah K. Kough, is to the best of his knowledge, not a member of the United States Armed Services, and at such time as this action was filed and at all times thereafter, was serving neither in any active or inactive capacity with any branch of the United States Armed Forces. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ? X? C. '? YM-IL Kenneth E. Kough, Plaintiff C= ( ?4 ?i IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA -li COUNTY BRANCH Cum6ERLAM1> KENNETH E. KOUGH, CIVIL ACTION -LAW Plaintiff V. NO. F.R. 2005-3976 CIVIL TERM SARAH K. KOUGH, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on August 4, 2005, and service was made on August 11, 2005 by restricted delivery, certified mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: L 0 07 -K - ARAH K. KOUGH, Defendant F r °,r ? ? ? ,.•? ?, r ? -v ??+ IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA -PI? , COUNTY BRANCH CWme)E ZOIND KENNETH E. KOUGH, CIVIL ACTION -LAW Plaintiff V. NO. F.R. 2005-3976 CIVIL TERM SARAH K. KOUGH, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 THE FOREGOING 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: ARAHAK. KOUG , Def dan °.,s U' -a y t C74 IN THE COURT OF COMMON PLEAS OF THE 4M JUDICIAL DISTRICT OF PENNSYLVANIA - P&WOWN COUNTY BRANCH KENNETH E. KOUGH, CIVIL, ACTION - LAW Plaintiff V. : NO. F.R. 2005-3976 CIVIL TERM SARAH K. KOUGH, Defendant : IN DIVORCE AFMAVIT OF CONSENT ti. 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 4, 2005, and service was made on August 11, 2005 by restricted delivery, certified mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: '/6?txpw r? 1?ttA kt#l KENNETH JE KOUGH, PffinfiW *A, f-2 goo q f.. C -4 -ri IN THE COURT OF COMMON PLEAS OF THE .9M JUDICIAL DISTRICT OF PENNSYLVANIA - XWOMW COUNTY BRANCH C,U, jb6A A 11.D KENNETH E. KOUGH, Plaintiff V. SARAH K. KOUGH, Defendant CIVIL. ACTION - LAW NO. F.R. 2005-3976 CIVIL TERM IN DIVORCE WAMM?OF NQM OF P-ff-ENTION TO REQUEST THE EN-M OF A DIVORCE DECREE UNDER 633 UO OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 THE FOREGOING 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 AUTHORITTES. DATE: 3- 0-7 A-?"4 e? KENNETH E. KOUGH, Pl tiff a fTt f r'' '" !i r CI3 ,;c . 4'X? KENNETH E. KOUGH, Plaintiff V. SARAH K. KOUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3976 CIVIL TERM : CIVIL ACTION-LAW : IN DIVORCE TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 3301(d)(1) of the Diwm Gede. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on March 25, 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff. 09/13/07 by Defendant: 09/06/07 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: September 18, 2007 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: September 14, 2007 ru.yw.a,.- Slow Hannah Herman-Snyder, Esqui GRIFFIE & ASSOCIATES Attorney for Plaintiff e? c? -.,. -? v ?? ? ???' ? ? ' ? N ?? «„? ! • % [ r 6S'-'3876 0,,, SEPARATION AND PROPERTY SETTLEMENT AGREEMENT 11 THIS AGREEMENT, made this ! 34 k day of Sk ? LAr , 200X, by and between KENNETH E. KOUGH, JR. of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND SARAH K. KOUGH, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on April 26, 1985, in Cumberland County, Pennsylvania; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of --Page 1 of 13-- Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice o Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Stacy B. Wolf, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Hannah Herman-Snyder, Esquire. --Page 2 of 13-- ? ? 1 t f 2. WarrantE of Disclosure: 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 informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Agreement not a Bar to Divorce Proceedings: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date --Page 3 of 13-- . hereof The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of §3301(c) of the Divorce Code of 1980. 5. Agreement to be Incorporated in Divorce Decree: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 6. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. Personal Property: The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, furniture, appliances, guns, and other personal property, tangible and intangible, in their possession that they wish to have and retain from this time forward. Neither party shall make any claim whatsoever against the personal property in the other party's possession or assets in that other party's possession from the time of execution of this Agreement forward. 8. Marital Debt: F Ach party hereby confirms they have not incurred any additional debt that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. --Page 4 of 13-- . 9. Debts of the Parties: The parties acknowledge that they have outstanding debts or liabilities due and owing to a Visa account, Account No. 4080-3727-9000-0606. The parties agree that Husband shall be responsible for the said debt and shall indemnify and hold Wife harmless. 10. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 11. After Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: (a) The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 1998 Jeep Cherokee, which was originally titled in Wife's name alone. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. Wife shall obtain her own --Page 5 of 13-- vehicle insurance upon the signing of this agreement. (b) The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1988 Jeep Cherokee, which was originally titled in Husband's name alone. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. Husband shall obtain his own vehicle insurance upon the signing of this agreement. 13. Pension, Retirement. Profit SharWife agrees to waive, relinquish or transfer any and all of her right, title or interest she has or may have in any retirement account held by Husband in his individual name or may have secured through his present or prior employment. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in any retirement account held by Wife in her individual name or may have secured through her present or prior employment. 14. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 15.S Musal Support. Alimony. Alimony Pendente Lite, and Spousal Maintenance a) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel --Page 6 of 13-- fees and expenses against Wife. b) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 16. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or i which may arise under this Agreement or for the breach of any thereof. It is the -Page 7 of 13- intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 17. Divorce: Husband had commenced an action for divorce against Wife pursuant to 3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce in the Court of Common Pleas of Cumberland County. Both parties shall, 90 days after the date of service of said Complaint, furnish Husband's counsel with signed Affidavits of Consent and Waivers of Notice of Intention to Request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement further: a) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any, and all rights they may have under §3502, et. of the Pennsylvania Code, Act,. No 1980-26. b) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of 11 4parties. 18. Legal Fees: In the review and preparation of this Agreement each party shall bear his i or her own legal ?es. --Page 8 of 13-- 19. Remedy, or Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 20. Equitable Distrib#tion: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 21. Summary of EffeFt of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any 'past, present and future clams on account of support, maintenance, alimony, alimony Ipendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 22. Tax Consequence l : By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, --Page 9 of 13-- except as may b otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other ProPAY not constituting a party of the marital estate. 23. Mutual Cooperati & to Mectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this 24. Reconciliation: IThe parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 25. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. --Page 10 of 13-- 26. No Waiver of De ult: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 27. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall Survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 28. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 29. Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a.) To Husband in care of Hannah Herman-Snyder at Grfe & Associates at 200 North Hau over Street, Carlisle, PA 17013. b.) To Wife ' care of Stacy B. Wolf at Wolf & Wolf at 37 South Hanover Street, Suites 201-202, Carlisle, PA 17013. --Page 11 of 13-- 30. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall I be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 31. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor inl any way effect this Agreement. 32. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and 33. Governing Law: I This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS W1 EREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: 1-- a-d Date (may L KENNETH . KOUGH 9- dv -'0 44-4? q?, Date SARAH K. KOUGH --Page 12 of 13- I COMMONWEALTH O PENNSYLVANIA COUNTY OF On this day of , 2005, before me, the undersigned officer, personally appeared KENNETH E. KOUGH, JR., known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2005, before me, the undersigned officer, personally appeared Sarah K. Kough, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public --Page 13 of 13-- C ° 9 i t? Fri rcz z s r. co -'C Gio IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Kenneth E. Kough, Plaintiff NO. 2005-3976 VERSUS Sarah K. Kough, Defendant DECREE IN DIVORCE AND NOW, -2007 , IT IS ORDERED AND DECREED THAT Kenneth E. KOugh , PLAINTIFF, AND Sarah K_ Kough 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; The parties' Property Settlement Agreement entered into on September 13, 2007 is incorporated herein, but not merged. B;; HE COURT: - h 71?ST: J . PROTHONOTARY I-AV L0. 1:-- 1 Z0 . ?- -0! r