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HomeMy WebLinkAbout05-5793 .. William Cook Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Charity Cook, Defendant CIVIL ACTION - LAW No. )'X'f)-5113 CIVIL IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. . William Cook Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Charity Cook, Defendant CIVIL ACTION - LAW No. 0j'. 57q3 CIVIL IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE I. Plaintiff is William Cook Jr., an adult individual, who resides at 645 Baltimore Pike, Gardners, Cumberland County, Pennsylvania 17324. 2. Defendant is Charity Cook, an adult individual, who resides at 143 Balon Road, Patton, Cambria County, Pennsylvania 16668. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on June I, 1996 in Patton, Cambria County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the pmiies hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. . WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: Respectfully submitted, ROMINGER, BAYLEY & WHARE /Ih/oo . , Michael O. Palermo, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court J.D. # 93334 Attorney for Plaintiff VERIFICATION 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. Cons. Stat. 9/49..0.4 relating to unsworn falsification to authorities. , .... (") ,,-> F c::-.> ~ (;;7;,:) ("':> en ~ ...J;> z "'\" <::) = ..,-,- ~ V,.l, I .... -I , t .~ "-,\ ~ -Ci () ~ r :::.-. ;;-. .c.) v "'- ~ 0 "- -c:.- ..;: ~- '0 o " :::J f'i,:D r- j:!::' \.../ , ~"'::t :"" :n ,< William Cook Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Charity Cook, Defendant CIVIL ACTION - LAW No. 05-5793 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 1 L 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: 2-11-0 (0 Cc) U., ro-., c..:, C, ,-"-, ~~;? " :~'! '" C::::, --{ ~ (:::1 William Cook Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Charity Cook, Defendant CIVIL ACTION - LAW No. 05-5793 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. 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 ofthe 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. 94904, relating to unsworn falsification to authorities. Date: 'Z...-II-Ob C', c ", c:;. "-"~) -L..,;"-, -., l";-l C:J C;:J -~; C) <..n ~'"") -n -,-; ~;--n " "t"" f-n '-,," .~ William Cook Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Charity Cook, Defendant CIVIL ACTION - LAW No. 05-5793 CIVIL IN DIVORCE AFFlDA VIT OF CONSENT AND ACKNOWLEDGEMENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 7, 2005 and I acknowledge receipt of a copy of the same, which was served on me on November II, 2005, by Certified Mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. I have been advised of the availability of marriage counseling, and do not request that the Court require that my spouse and I participate in said counseling. 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 of18 Pa. C.S. 94904, relating to unsworn fillsification to authorities. Date: r1/ / I/O ir I I /7<< "'-> ':., 0 <:;.-'" " I '"1 r": [7' a -TJ L~ ....- c.n William Cook Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Charity Cook, Defendant CIVIL ACTION - LAW No. 05-5793 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. 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. 94904, relating to unsworn falsification to authorities. Date: d. / i I / () (p , I ,~ -,., I"" :.;.:: (-) -1'1 ~~ , , ~ C) c.) ~ , WILLIAM COOK Jr. , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5793 CIVIL TERM CHARITY COOK, Defendant : IN DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this ~y OfW 2006, between William Cook Jr. (hereinafter called "Husband") and Charity Cook (hereinafter called "Wife"). WITNESSETH: The parties hereto are Wife and Husband, having been married on June 1, 1996, Patton, Pennsylvania. There was one child born of this marriage. WHEREFORE, 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 for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: " 1. AGREEMENT NOT PREDICATED UPON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting or finalizing any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other party, or from making any just or proper defense thereto. The parties further agree that they will each sign the Affidavit of Consent and Waiver of Notice within sixty (60) days time from the execution of this Marital Settlement Agreement. 2. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the husband by his counsel, Michael o. Palermo, Jr., for Husband, wife is proceeding without representation. Each party acknowledges that she or he has received independent legal advice from counsel of her or his selection or had the opportunity to do the same but of their own free will has declined to do so and that said each fully understands the facts and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and 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. 2 " 3. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 4. PERSONAL PROPERTY Wife and Husband do hereby acknowledge they have heretofore divided the marital property, including, but without limitation, jewelry, clothes, furniture and other personality, and hereafter, Wife agrees that all ofthe property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. Except as otherwise provided herein, the parties acknowledge that they have heretofore divided between them, at the time of their separation, all their personal property to their mutual satisfaction, except as otherwise stated. Henceforth, each of them shall own, have and enjoy 3 '. independently of any claim or right of the other all items of personal property of every kind, now and hereafter owned, or held by him or her, with full power to dispose of same as fully and effectively in all respects and for all purposes as ifhe or she were unmarried. Title to certain property is possessed and in the name of Wife; Said property stated hereafter shall be transferred in title as follows: the boat and four wheeler currently in possession and under the control of the husband, are to be transferred for consideration stated herein in title to husband within sixty (60) days of the signing of this agreement. All items not listed that were the joint property of the parties shall become the property of Husband, except those items of personalty which Wife brings to the attention of Husband before the signing of this agreement. Should Husband concur with Wife as to items left in the residence at the time of separation, Wife must exercise the right to remove the same from the marital premises within thirty (60) days of the execution of the within Agreement. Wife agrees to transfer to Husband upon execution of this Agreement, without further consideration and free and clear of all liens and encumbrances for consideration stated in Section five (5) ofthis agreement: The property and residence located at 645 Baltimore Pike, Gardners, P A 17324. 5. REAL PROPERTY Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in the real estate situated and located at 645 Baltimore Pike, Gardners, P A 17324 for consideration of twenty-five thousand dollars ($25,000.00) signifying her equitable interest in the property and Husband's share of the marital Debt owed to wife as agreed upon by Husband & Wife. From the date of this Agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, dartlages or other expenses incurred in connection with said 4 premises, and Husband agrees and covenants to hold Wife harmless from any such liability or obligation. Husband hereby agrees that within sixty (60) days of the execution of this Agreement, he will cause the release of Wife from any liability or obligation on the mortgage note presently existing with respect to said premises and upon which both parties hereto are liable. From the date of the execution, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Husband further covenants and agrees to hold Wife harmless from any such liability or obligation. 5 found to be attributable to misrepresentations or failures to disclose the nature and extent of Husband's income as it may appear on said previous tax returns. 8. MEDICAL ]]NSURANCENEHICLE INSURANCE Wife agrees to provide her own Health / Major-Medical and/or hospitalization insurance as of the date of execution of this agreement. Any medical bills which shall be incurred but not covered by said insurance shall be the sole responsibility and obligation of Wife; provided, however, reasonable medical and drug bills incurred by Wife until the date of implementation of this Agreement shall be paid by Husband. Wife additionally agrees to provide her own car insurance as of the date of execution of this agreement. Any car insurance bills which shall be incurred but not covered by said insurance shall be the sole responsibility and obligation of Wife. 9. LIABILITIES Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. Husband agrees to pay all of the mortgage payments and to indemnify Wife and hold her harmless for any claim by the mortgage company for the real estate located at 645 Baltimore Pike, Gardners, P A 17324. During the course of the marriage, Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Husband in 6 lieu of taking responsibility for all bills, obligations and debts arising from the marriage which were incurred prior to the date of separation, husband agrees to pay wife a lump sum settlement of twenty-five thousand dollars ($25,000.00), in which Wife agrees to accept full responsibility for all payments due thereon and transfer the deed of the marital residence to Husband. Said payment will be submitted to wife within sixty (60) days of signing this agreement. Said payment from husband will come directly from the proceeds of husbands refinancing of the property located at 645 Baltimore Pike, Gardners, PA 17264. 10. LEGAL FEES Wife hereby agrees to waive any right to alimony pendente lite and each party agrees to be responsible for her or his own legal fees and expenses. 11. NO BAR TO FURTHER 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. It is agreed that this Agreement shall not be impaired by any divorce decree which may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. 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 part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 12. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the 7 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 she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or 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 Wife 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 which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, 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, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 13. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least (60) sixty days after demand therefore; execute any and all written instruments, assignments, releases, 8 satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 14. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assIgns. 15. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 16. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated 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 not be construed as a waiver of any subsequent default of the same or similar nature. (NOTE: THIS PROVISION SHOULD BE MODIFIED IF IT WOULD BE BETTER FOR THE PARTIES TO NULLIFY THE AGREEMENT IF ANY OF ITS TERMS ARE UNENFORCEABLE OR FOUND UNENFORCEABLE, 9 . - . RATHER THAN A SEVERABILITY CLAUSE) IT IS THE INTENT OF THE PARTIES THAT SHOULD ANY PORTION OF THIS AGREEMENT BE FOUND INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, BUT THE REMAINDER OF THE AGREEMENT SHOULD REMAIN IN TACT AND IN FULL FORCE AND BINDING EFFECT. 17. SEV ARABILITY 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 anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 18. NOTICE PROVISIONS (a) Notice to Husband shall be sent by certified mail, return receipt requested to William Cook Jr. at 645 Baltimore Pike, Gardners, Pennsylvania 17324, and by U.S. Mail to: Michael O. Palermo, Jr., Esquire, Rominger & Whare, 155 S. Hanover Street, Carlisle, PA 17013, or such other address as Husband from time to time may designate in writing. (b) Notice to Wife shall be sent by certified mail, return receipt requested, to Charity Cook at 143 Balon Road, Patton, Pennsylvania 16668, or such other address as Wife from time to time may designate in writing. 10 ,- . 19. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 20. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed; however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce, unless otherwise indicated. The support provisions of this Agreement shall take effect as indicated. Notwithstanding the foregoing, if a final decree in divorce shall not have been obtained within three (3) months from the date of execution of this Agreement, this Agreement shall be null and void. 21. ESCROW CLAUSE Husband hereby appoints Michael O. Palermo, Jr., Esquire, to serve as escrowee hereunder. Escrowee shall receive any and all documents, instruments or monies specified hereunder until distribution of same; they shall not be liable for any mistake of fact or error of judgment, or any acts or omissions of any kind whatsoever. 22. DISCONTINUANCE OF ACTIONS Upon the implementation of the obligations which are to be performed by Husband as more particularly hereinabove set forth, Wife will deliver to Husband's attorney, Michael O. Palermo, Jr., Esquire, such orders and documents as may be necessary to mark settled, discontinued and ended the pending proceedings as set forth hereinbefore to which shall be affixed Wife's consent thereto. Wife warrants and covenants that she has instituted no other legal action in Pennsylvania or other jurisdiction and covenants and agrees that she will not institute 11 ..., any legal proceeding in the future against Husband excepting for the purpose of enforcing any rights accruing to her under the terms of this Agreement. 23. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. Attorney for Wife/if any 12 William Cook ~ftt ~ Witness for Husband AttOm~ . . ..." ,,--,. [~=QfyI'MQ~A=~7NNSYLVANIA . ..t:l.3~'.-."l1i. M..~.... Nota ryPublic 5;\. ~lldi 8JoJo. CIrmria Coooty ~,t.~~q 13.2008 ~~~~";'r~;;;'~;~!.i ~jiililill1! ()lIilllDllalries ,~'r>:::;. ,it..-L ~.' .I"~.,. ~,~ Ji~",~ COMMONWEAL TH OF PENNSYL VANIA ) : SS. ) f';' ~~- 10.. 'J~ COUNTY OF CUMBERLAND On this, the ~y of tlfJ.,,:f- subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of ~~alIY appeared ~~ & "- and in due form of law acknowledged the above Agreement to be her act and deed and desired the same to be recorded , 2006, before me, the as such. COMMONWEAL TH OJ,PENl~'SYL V ANJA C~rlaY'd( COUNTYOF~ ) SS. On this, the ~Y of ~I ) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tammie L Peters, Notary Public South Middleton Twp.. Curnbertatd County My Commission Expires Sept. 9, 2007 Member. Pennsylvania Association Of Notaries , 2006, before me, the _ pu~c Z~ommOnwealth of Pennsylvania, residing in the COlL.'lty of nally a::~ared tU,fliOJJ.J...ff};OY-d in due form oflaw "., acknowledged the above Agreement to be his act and deed as such. The undersigned, /tl.tcht;J () fftbntJO,J/. , EsqUi~d Il1JCM J O. ;Jferno/~SqUire, have carefully reviewed the contents of this Agreement. We agree that each of us will act as an Escrowee under the terms of this Agreement and that each of us will perform all of the obligations required to be performed as an Escrowee under this Agreement. ~~~~r"ESqUire 13 n r--> 0 C':' ~ t::=' -n 0' ~ r-:-' I U1 0 (") C.) c5 --t (.) ?i; CO -< William Cook Jr., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. Charity Cook, Defendant CIVIL ACTION - LAW No. 05-5793 CIVIL IN DIVORCE / CUSTODY ACCEPTANCE OF SERVICE- I, Charity Cook, hereby accept service of the Complaint in Divorce in the above- captioned action and I certify that I am authorized to do so. t\/IO/6S , , Date {J{h~~ Charity Coo efen ant o ~, ~ c:> c::r"' c...- c::: -~,,.... ...-;..,.,. I <.J1 ~ -' "!: .......' rn- F c; ! C) -0 ::s: : . -\", ~~~\ ~ ...c;.. (;-? c.....') CO William Cook Jr., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Charity Cook, Defendant CIVIL ACTION - LA W No. 05-5793 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under ~ 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: November 10,2005, Defendant signed Acceptance of Service. 3. Date of execution ofthe affidavit of consent required by ~ 3301(c) of The Divorce Code: by the Plaintiff, February 11,2006; by the Defendant, February 11,2006. 4. Related claims pending: 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: February 10, 2006. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: February 10, 2006. Date: b /1/0" , 2006 LllR~} Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID No. 93334 Q s::; -:--::--... -r-.:l = = 0" <.- c:. ""''''f.... .......--- I ()"\ o -n ..-4 :I:-n 01 p: ~~~ .:'): \ \ ::.::..\ "J.::'. .-q ..... -0 -- ...:- <.:? c.,.) CO If. If. If. If. If. If. If. If. if. If.If. if.if.oti if. if. oti oti oti IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY William Cook, Jr. PENNA. STATE OF oti oti oti oti oti oti oti oti oti if. oti oti oti oti oti No. 2005 - 5793 Plaintiff VERSUS Charity Cook oti ;f. oti Defendant oti ;f. ;f. oti ;f. oti oti oti oti +. +. ;f. +. +. +. oti oti DECREE IN DIVORCE ~",o_b ~ IT IS ORDERED AND AND NOW, +. DECREED THAT William Cook, Jr. , PLAI NTI FF, Charity Cook AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO,'Cl\~ TH IS ACTION FOR WHICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; 1W\I\. 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