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HomeMy WebLinkAbout02-1335JENNIFER L. COOK, Plaintiff CHARLES J. COOK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O1~ t33~-- CIVIL TERM : : CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 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 Carlisle, PA 17013 Telephone: (717) 249-3166 fl\div\COOKcomplaint\3-02 JENNIFER L. COOK, Plaintiff CHARLES J. COOK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. ~ -13~_~ CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is JENNIFER L. COOK, an adult individual, who currently resides at 15 North Seasons Drive, Dillsburg, Pennsylvania 17019. 2. The Defendant in this action is CHARLES J. COOK, an adult individual, who currently resides at 15 North Seasons Drive, Dillsburg, Pennsylvania 17019. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6 months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marrzage on June 2, 2001, in Boiling Springs, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. -1- 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 7. The Plaintiff avers that no children have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of di- vorce. 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 P.C.S. ~4904, relating to unsworn falsification to authorities. Date: / JENNIFER L. COOK BfGERALD ~SHEKLETSKy/-~'/~ 2'~ ~/,~ir/ - ~ Supreme Court ID %40486 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Attorneys for Plaintiff -2- ~TONE, LAFAYEI~ & fl\div\lacceptservlce JENNIFER L. COOK, Plaintiff CHARLES J. COOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 1335 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE filed March 18, 2002 I, CHARLES J. COOK, defendant in the above captioned matter, accept service of a certified copy of the Complaint in Divorce , to the above term and number. CHARL~z J. COOK, Defendant Date fl\div\lconsentaffidavit JENNIFER L. COOK, Plaintiff CHARLES J. COOK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1335 CIVIL TERM : CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 18, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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'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 falsifica- tion to~_/~authorities.~_ ~N~i~/, R~ 6/~~,/ Date ~/~E!z / L.- COOK, Plaintiff fl\agm\COOKjennifer\4-02 AGREEMENT THIS AGREF~NT, made this /~/~ day of ~ , 2002, by and between JENNIFER L. COOK, of York County, Pennsylvania, (here- inafter referred to as "Wife"), and CHARLES J. COOK, of York County, Pennsylvania, (hereinafter referred to as "Husband"); W I T N E $ S E T H: W~EREAS, Husband and Wife were lawfully married on June 2, 2001, and W~EREAS, no children have been born of this marriage; 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 for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 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. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receiv- able by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. Preparation of Aqre~m~n~. This agreement has been prepared by the attorney for the Wife. Said attorney at the commencement of, and at all stages during, the negotiation of this agreement informed the Husband that he has acted solely as counsel for the Wife and has not advised or represented the Husband in any manner whatsoever. The Husband at the commencement of, and at all stages during, the nego- tiation of this agreement has been told by said attorney that the Husband should be represented by his own counsel, but at all times he -2- has refused to do so. The Husband has read this agreement carefully and thoroughly, fully understands each of its provisions, and there- fore signs it freely and voluntarily. 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Personal Riqhts. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 5. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry -3-- out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 6. Release of Claim~. Wife and Husband each do hereby mutually remise, release, quit-claim 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 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 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 or by way of dower or curtesy, or claims in the nature of dower or curtesy of 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 -4- 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. 7. Warranty as to Future Obliqation~. 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, includ- ing those for necessities. -5- 8. Debts and Obliqations. Husband and Wife agree to pay one- half (h) of the outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this agreement which debts are as follows: consolidation loan with ~i'~a~.u.~;~r--b.g-a-g~ Cerpo~ti6n" Husband and Wife agree to use any federal income tax refund check which they may receive for 2001 to pay for the aforesaid consol- idation loan. Any monies from the federal income tax refund available over and above what is necessary to pay off the consolidation loan shall be divided equally between Husband and Wife. Husband and Wife agree that Wife's diamond engagement ring shall be sold with the net sales proceeds therefrom to be used to pay marital debts and any balance thereafter remaining to be divided equally between Husband and Wife. Husband and Wife agree that if there are other outstanding joint debts not listed above incurred prior to the signing of this agreement that each is to pay one-half (~) of such debts or obliga- tions. 9. Personal Property. Wife and Husband do hereby acknowledge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty (see attached Exhibit A) and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the -6- 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. 10. Cash. Ail cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. 11. Property Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 12. Real Estate. Husband hereby agrees to convey, transfer and grant to Wife his right, title and interest in the real estate situ- ated and located at 15 North Seasons Drive, Dillsburg, York County, Pennsylvania. From the date of this agreement, Wife agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, -7- and Wife agrees and covenants to hold Husband harmless from any such liability or obligation. Wife agrees to obtain Husband's full and complete release from the existing mortgage on the real estate within six (6) months of the date of this agreement. Husband agrees to execute a deed upon signing this agreement, which deed will be held in escrow by Wife's attorney pending Husband's full and complete release from all liabil- ity under the existing mortgage. 13. Waiver of A/imnn¥. The parties herein acknowledge that by this agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves suffi- cient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, alimony pendente lite or maintenance. It shall be from the date of this agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 14. Payment of Attorney Fee~. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in -8- connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 15. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: A. Is fully and completely informed as to the facts relat- ing to the subject matter of this agreement and as to the rights and liabilities of both parties. B. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. C. Has given careful and mature thought to the making of this agreement. D. Has carefully read each provision of this agreement. Fully and completely understands each provision of this agreement. 16. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or ±nstruments, and do or cause to -9- be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 17. Severabilit~. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforce- able, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 18. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 19. Future Earning~. Ail income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. 20. Waiver of Riqht$. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 21. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 22. Survival of Aqre~m~nt. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 23. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. -11- 24. Aqreement Binding on Parties and Heir~. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. 25. Divorce. Husband and Wife agree, upon the expiration of the ninety (90) day waiting period, to execute all Affidavits of Consent and other documentation necessary to have a divorce decree entered pursuant to Section 3301(c) of the Divorce Code of Pennsylvania on the ground that the marriage is irretrievably broken. 26. Headings. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. /JENNfFER L. COOK C~,W~S J. COOK (SEAL) (SEAL) -12- 4~ JENNI~'~/~ L. COOK, Plaintiff VS. CHARLES J. COOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 02-1335 CIVIL TERM PRAECIPE TO TRANSMIT RECO~n To the Prothonotary: Transmit the record, together with the following info~,.ation to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3]01(c) ~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: March 1§, 2002, hand-deliveredtoDefendant. Acceptance of Servicesignedand filed of record. 3. Complete either paragraph (a) or (a) Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by Plaintiff June 18, 2002 by defendant June 18, 2002 (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 ~ending: NO~AIMSRAISED 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 plaintiff's Waiver of Notice in S3301(c} Divorce was fi~ed with the Prothonotary: Date defendant's Wai~er of Notice in $3301(c) Divorce was filed with the Prothonotary: fl\div\lincludeagrmntord JENNIFER L. COOK, Plaintiff ro CHARLES J. COOK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1335 CIVIL TERM : CIVIL ACTION - DIVORCE : ORDER AND NOW, this day of ~ , 2002, the property settlement agreement between the parties dated April 18, 2002, and attached hereto is hereby incorporated into the Decree in Divorce. BY THE COURT: Jo fl\div\lincludeagreement JENNIFER L. COOK, Plaintiff V. CHARLES J. COOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1335 CIVIL TERM CIVIL ACTION - IN DIVORCE MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE JENNIFER L. COOK, plaintiff in the above action, by her attor- neys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorporate the attached agreement dated April 18', 2002, into the Decree in Divorce. STONE LaFAVER & SHEKLETSKI AttorneYs for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF JENNIFER L. COOK, Plaintiff VERSUS CHARLEs J. QDOK, Defendant PENNA. NO. 02-1335 CIVIL TE~M DECREE IN DIVORCE AND NOW, ~u~ -'~ , ~O~ IT iS ORDERED AND DECREED THAT , PLAINTIFF, AND CHA.~To~'.S j. COOK , 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; NO CLAIMS RAISED Jo PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN~ISYLVANIA CIVIL ACTION - LAW JE~/~IFER L. ODOK, CHART.W-~ J. GOOK, Plaintiff ; NO. 02-1335 CIVIL ~L~IGN IN D1A~gRCE NOTICE OF ELECTION TO RETAKE F~Pd~IER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 3rd day of July , 2002, hereby elects to retake and hereafter use her previous name of JENNIFER L. ARMOUR COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND (Si~fur~ - t6 be'~6own' as) SS. On the ~ day of August , 2002 , before, a Notary Public, personally appeared Jf~NIFER L. COOK , known to me to be the person whose name is subscribed to the within docu- ment, and acknowledged that she executed the foregoing for the p'~r- pose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. i- NOT,~.. ~ I GBtALDJ. S~iEXLETSKI, Notary Pul)Iici New Cumberleftd Boro. Ctmtbm~d Co. ] J commm Nov. 9.200 I