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HomeMy WebLinkAbout06-1894nr ANNETTE D. COOPER, Plaintiff, VS. ROBERT J. COOPER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. olu - I S9 17,-, : 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 ANNETTE D. COOPER, Plaintiff, VS. ROBERT J. COOPER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de ]as quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en so contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandame. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County, One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800) 990-9108 ANNETTE D. COOPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 0/ _ 7b'9V ROBERT J. COOPER, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Annette D. Cooper, (hereinafter referred to as "Plaintiff"), by and through her counsel, Linda A. Clotfelter, who files this Complaint in Divorce and in support thereof states the following: 1. Plaintiff is Annette D. Cooper, (hereinafter "Plaintiff") an adult individual who resides at 57 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Robert J. Cooper, (hereinafter "Defendant"), an adult individual who resides at 190 Brownstone Park, Hummelstown, Dauphin County, Pennsylvania 17036. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this divorce Complaint. 4. Plaintiff and Defendant were married on September 26, 1987, in Dauphin County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since November 1, 2005. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff avers that the marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. 9. Plaintiff requests that the court to enter a decree of divorce. WHEREFORE, Plaintiff, Annette D. Cooper, respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER c Date: a A. Clotfelter, Esquire I Li Att rney ID No. 72963 1 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff ANNETTE D. COOPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. ROBERT J. COOPER, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I, ANNETTE D. COOPER, verify that the statements in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: `f )WNETTE D. COOPER, Plai tiff r? t` - t ,,?[ "? \J ^'t ?.1,- '?o ? ? _ - ? ? ?, _,, ,. C J 1 ANNETTE D. COOPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-1894 ROBERT J. COOPER, : CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, ROBERT J. COOPER, Defendant in the above-captioned matter, hereby accept service of the Complaint Under Section 3301(c) or 3301(d) of the Domestic Relations Code. Date: ROBE . COOPER, Defendant 57 Bayberry Drive Mechanicsburg, PA 17050 } ANNETTE D. COOPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-1894 ROBERT J. COOPER, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 0 t I day of April, 2006, the undersigned hereby certifies that a true and correct copy of the foregoing ACCEPTANCE OF SERVICE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert J. Cooper 57 Bayberry Drive Mechanicsburg, PA 17050 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Linda A. Clotfelter, Esquire /? A omey ID No. 72963 C 5621 East Trindle Road, Suite 100 'Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff ('} _ G.. y y., V ANNETTE D. COOPER, Plaintiff V. ROBERT J. COOPER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO. 06-1894 : CIVIL ACTION - LAW IN DIVORCE WITHDRAWAL OF APPEARANCE Please withdraw my appearance in the above-captioned matter on behalf of the Plaintiff, Annette D. Cooper. Respectfully submitted, i. L' da A. Clotfelter, Esquire 21 East Trindle Road, Ste 10 Mechanicsburg, PA 17050 ENTRY OF APPEARANCE Please enter my appearance in the above-captioned matter on behalf of the Plaintiff, Annette D. Cooper. Respectfully submitted, Dated: ?.P) Mark A. Mateya, Esq I Attorney I.D. No. 789 P.O. BOX 127 Boiling Springs, PA 17007 (717) 241-6500 r CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing Withdrawal of Appearance/Entry of Appearance on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Robert J. Cooper 190 Brownstone Park Hummelstown PA 17036 Dated: -31-26 1 A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax c 7 ? 4:= o ? i ' xr r =o N n rn W N ANNETTE D. COOPER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO. 06-1894 : CIVIL ACTION - LAW ROBERT J. COOPER, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on March 31, 2006. 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 in 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. §4904 relating to unsworn falsification to authorities. DATED:` Robert Cooper Defendant n { C 5 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this allay of 2007, between ANNETTE D. COOPER, (hereinafter referred to as "Wife") and ROBERT J. COOPER, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 26, 1987, and they have been separated within the meaning of the Pennsylvania Divorce Code since November 1, 2005; and WHEREAS, there are two (2) children born of this marriage namely Taylor L. Cooper, having been born August 27, 1990, and namely Brock J. Cooper having been born April 3, 1995; and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling 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 past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented in this proceeding by Mark A. Mateya, Esquire, and Husband has been unrepresented, but understands that he has the right to have independent legal representation in this matter. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. WHEREAS, the parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. 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, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife 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 parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife 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 in any manner whatsoever with him or her. The foregoing provision 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. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, 2 release, quitclaim and forever discharge the 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 gains from property hereinafter 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 act, 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 exception or similar allowance, or under the intestate laws, or the right to take against the spouse's ill; 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 law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the 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 provision hereof. It is further specifically understood and agreed by and between the parties hereto that each 3 accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in Paragraph 18. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further 4 covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of 5 separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. C. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is 6 specifically ordered by the court. d. Determination of Marital and Non-Marital Propertv: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR VEHICLES. The parties specifically acknowledge herein that the parties' 1999 Chevrolet Astro Van titled to Wife shall be retained by Wife and the 1999 Chevrolet Suburban titled to Husband shall be retained by Husband, the Kawasaki 440LTD shall be retained by Husband. The parties agree that each shall have full and sole possession of the vehicles that are presently in his or her possession. On or before the date of the execution of this Agreement, the parties shall execute the titles to said vehicles, if appropriate, so as to effectuate 7 the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party from any and all liability therefor. The parties also specifically agree that they shall obtain an automobile insurance policy for the vehicle he or she is to retain, at his or her sole expense. It is further promised that there will be no lapse in coverage and each party agrees to ensure that both automobiles remain insured as required by Pennsylvania law. It is further specifically agreed by the parties that the mobile home purchased by Husband in March, 2006, shall be deemed to be Husband's sole and separate property and Wife hereby waives any and all rights that she may have in said mobile home by virtue of the fact that the parties are still married or otherwise. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property as more specifically described in Exhibit "A" attached hereto and incorporated herein as if fully set forth. The parties agree that the household and personal property within each parry's custody and control shall become that party's sole and exclusive property, unless otherwise agreed by the parties. If either party discovers personal property of the other party's after the date of the execution of this document, that discovered property will be returned promptly to its rightful owner. Neither party shall make any claim to any such items of marital personal property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties 8 each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or as per the time limitations described, above, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. C. PENSION, PROFIT-SHARING, RETIREMENT, OR OTHER PLANS RELATED TO EMPLOYMENT. The parties intend to equitably divide the marital estate, in part, by mutually releasing and waiving any interest that one party has, may have or might have to pension, profit-sharing, retirement, and other employment-related retirement plans or savings benefits held by the other party. Each of the parties hereto have disclosed to the other party any such accounts titled to him or her and each party expressly waives and relinquishes any right, claim, title or interest in any pension, profit-sharing, retirement, and other employment-related retirement plans or savings benefits in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. The parties specifically agree that Wife shall retain her interest in her Simple Oppenheimer Funds account and Husband shall waive any rights in same. The parties specifically agree that Husband shall retain his interest in his Fidelity 401(k) and Wife shall waive any rights in same. If either party withdraws any sums from any retirement plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and 9 penalties resulting from that withdrawal. The parties further stipulate and agree that they both shall cooperate with the other party and will, upon reasonable demand by the other party, execute and deliver all documents needed to effectuate the intent of the provision. D. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS AND INVESTMENT ACCOUNTS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts, investment accounts, and other similar accounts and each party acknowledges that he or she has fully disclosed any and all marital and non-marital accounts relevant to the terms of this provision. E. INCOME TAXES. Wife filed her 2006 taxes as married and as head of household claiming both children. Husband shall be filing his 2006 taxes without claiming either child as a deduction. Wife and Husband agree that Wife shall claim both children in all successive years, so long as each child resides with Mother. F. LIFE INSURANCE. The parties expressly agree that each shall retain any and all life insurance policies in their respective names, although they agree that Husband may reduce his one policy from a Two Hundred Fifty thousand Dollar ($250,000.00) death benefit to a One Hundred Thousand Dollar ($100,000.00) death benefit, and they further agree to name their children as beneficiaries of the life insurance policies that exist at the time of the execution of this agreement with the children being named as beneficiaries until such times as the youngest child attains the age of Twenty-Two (22) years. The parties further agree that each shall make timely payments of said policy and shall provide proof to the other party that the payments are current immediately upon the request for same. 10 F. REAL ESTATE. The parties acknowledge that during the marriage they jointly owned residential real estate that was utilized as the marital residence and more commonly known as 57 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. The parties have agreed that Wife shall have exclusive use and ownership of the marital real estate and Husband shall waive any and all rights that he may have had, he may now have, or he may have in the future in the real estate, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code. The parties agree that Husband and Wife shall execute a deed within seven (7) days of the date of execution of this Agreement, conveying the real estate from both parties to Wife's name alone. a. Wife's occupancy. The parties agree that Wife shall be entitled to exclusive use, occupancy, and ownership of the real estate and that Wife shall pay all expenses relating to the real estate, including, but not limited to, the mortgage, real estate taxes, insurance, utilities and the like and she shall hold Husband harmless for same. It is further agreed that all household utility accounts not in Wife's name alone, shall be transferred to Wife's name alone within ten (10) days of the execution of this Agreement. Because Wife has exclusive use, ownership and occupancy, she may, within her discretion take such steps that are necessary to ensure the security of the real estate. b. Wife's refinance. Wife further agrees to apply to refinance the mortgage such that Husband is relieved of any and all liability for same on or before the current mortgage interest rate change occurs in 2011. Wife shall be solely responsible for any and all costs associated with her refinance of the mortgage pursuant to this Agreement. If Wife is not able to effectuate the refinance of the real estate on or before the current mortgage interest rate change occurs in 2011, the real estate shall be listed for sale and the property shall be sold to a third party such that the mortgage is paid in full, thereby releasing the parties from same. The parties agree that Wife shall pay to Husband at the time of the refinance or at the time of the sale of the property to a third party, the sum of $20,000.00. 11 C. Distribution of Proceeds upon Sale. If the real estates is sold to a third parry, upon settlement the net proceeds derived shall be distributed to Wife, after reductions for the payment of the mortgage and other normal settlement costs and only after the payment of $20,000.00 to Husband. 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability foe which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: b. Wife's debts: Wife shall be solely responsible for the following bills and debts: Mortgage and Home Equity Loan: The Mortgage and Home Equity Loan and any cost of the refinancing of the Mortgage and Home Equity Loan as referenced in Paragraph 7(E) herein; 12 2. Real Estate Expenses: Any and all expenses associated with the real estate as referenced in Paragraph 7(E), herein; 3. Retirement Funds: Any and all taxes resulting from any withdrawals of funds from her retirement accounts; 4. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. C. Husband's Debts: Husband shall be solely responsible for the following bills and debts: Retirement Funds: Any and all taxes resulting from his withdrawal of funds from his Retirement Plans as referenced in Paragraph 7 C) herein; 2. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. d. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. e. No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 13 f. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree that each party shall pay his or her respective attorney's fees with no assistance from the other party. 10. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES. Both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 11. CUSTODY. Husband and Wife agree that Wife shall maintain primary physical custody of the Children with liberal periods of partial physical custody for Husband, as the parties agree. 12. CHILD SUPPORT. Husband shall pay Wife child support for the support of the Children under the following terms and conditions: a. Amount: The child support shall be $975.00 per month for two (2) children; support amount to be recalculated at the time oldest child no longer qualifies for child support. b. Payment Terms : The child support shall be payable in weekly installments of $225.00 per week and shall be payable once per week thereafter as long as said obligation remains. 14 C. Termination: The child support payments shall continue for each Child until the Child reaches age Eighteen (18) years or graduates from college or other post secondary education, graduates High School or is emancipated, whichever occurs first, subject, however, to the following: if either or both children remain at home with mother and attend a community college, Husband agrees to continue child support until such time that that child finishes said schooling at a maximum age of Twenty-Two (22) years of age. d. Payment Method: Husband shall pay the child support to Wife directly. e. Medical Insurance: Wife shall continue to provide health insurance coverage for the parties' Children as long as they remain eligible therefor and the coverage is available to her through her employment at a reasonable cost. Any party having the insurance on the Children shall be required to provide the other parry with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms, and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. The parties are free to re-evaluate the health insurance coverage in the future; should a change be agreed upon by both parties, both parties agree to also review the monthly child support obligation. f. Medical Expenses: The parry having custody of a child shall be responsible for the first $250.00 in uncovered, unreimbursed medical expenses incurred for that child in each calendar year. Any medical expenses in excess of that $250.00 amount per year shall be paid 42% by Wife and 58% by Husband. Each party shall pay his or her share as the medical expenses are incurred and in no event any later than thirty (30) days following a request for contribution. The amount to be paid by each party shall be determined after insurance 15 payment is made. Any parry having the insurance coverage on the Children shall be required to provide the other party with all documentation pertaining to the insurance and it is specifically agreed that this provision shall include all normal medical expenses as well as chiropractic, psychological and psychiatric expenses for the Children, as deemed necessary by both parents. This paragraph regarding Medical Expenses shall extend coverage to the Children through and including their post-secondary education. 13. EDUCATIONAL EXPENSES. The parties each acknowledge that it is their intent to contribute to the expenses associated with the college or other post-high school education for the children, to the extent that they are financially able at the time. Such expenses would include without limitation, tuition, room and board, lab fees, miscellaneous student fees, books and student supplies, transportation expenses for summer and other school breaks, clothing, and miscellaneous spending money, however, the provisions here in acknowledging the parties intent shall not in any manner confer third party beneficiary rights unto the children for the payment of said expenses. If applicable, both parents shall be involved in and have input into the choice of academic institution selected by the child. Further, the child will be required to apply for and use all possible grants, scholarships, and work study programs and any of their own income or assets before the parties are responsible to contribute to his or her college expenses. 14. DIVORCE. A Complaint in Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to docket number 06-1894. Either party shall be free to pursue without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301( c) of the Divorce Code immediately upon request when the ninety (90) day waiting period has expired. In the event, for 16 whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 15. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 16. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 17. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, 17 resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of the 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 the Agreement. 19. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 20. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than 18 those expressly set forth herein. 21. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific Performance. b. DamaLg_es: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 789 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the 19 obligation sought to be enforce by the non-breaching party. 22. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 23. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 24. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 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 shall continue in full force, effect and operation. 26. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 27. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 28. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY 20 ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. THIS SPACE INTENTIONALLY LEFT BLANK 21 IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above-written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: A ETTE D. COOPER ROBERT .CO R 22 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. On this X'clay of , 2007, before me, the undersigned officer, personally appeared ANNETTE D. COOPER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Frances A. Aumiller, Notary Public South Middleton Twp., Cumberland County My Commission Expires Mar. 16, 2010 COMMONWEALTH OF PENNSYLVANIA Member, Pennsyiv- -sociation of Notaries . SS. COUNTY OF CUMBERLAND On this -404ay of ??"Z47f'? , 2007, before me, the undersigned officer, personally appeared ROBERT J. COOPER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Notary Public COMMONWEALTH OF PENNSYLVANI,4 Notarial Seal Frances A. Aumiller, Notary PSouth Middleton Twp., Cumberlaty My Commission Expires Mar. 1:6,2201100 Member, Pennsylvz-we L? , oc ation of Notaries 23 M -n r j Y:i I ANNETTE D. COOPER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO. 06-1894 : CIVIL ACTION - LAW ROBERT J. COOPER, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: By personal service - Acceptance of Service signed by Defendant and dated April 12, 2006, and filed with this court on April 24, 2006. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff November 20, 2007 ; by Defendant November 20, 2007 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: Simultaneously herewith 0 Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: Simultaneously herewith Each party has filed a Waiver of the Notice of Intention to Request Entry of A Divorce Decree. L?' k - [?a' Mark A. Mateya, uire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff ? ? O t_ ._..? ?_ " " t t 1 F . ? -7 <??-? ? ? ? -? _Cj ., ._ . ?,, .? , fT? It o :::?? ?? t' ? ? , ? j'? „r i_.... `?y 7 j _ ? ,,..r ANNETTE D. COOPER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO. 06-1894 : CIVIL ACTION - LAW ROBERT J. COOPER, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on March 31, 2006. 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 in 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. §4904 relating to unsworn falsification to authorities. DATED: (k. .26, -?- 00 -/ (Jlxa e,drmette D. Cooper Plaintiff d o 35 ANNETTE D. COOPER, Plaintiff V. ROBERT J. COOPER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO. 06-1894 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 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. § 4904 relating to unsworn falsification to authorities. DATE 2 a0? ette D. Cooper Plaintiff ? rr,r;. ca `n M i= L J ._ e ll b.i e 14 ^S D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ANNETTE D. COOPER <9".14 No. 1894 2006 VERSUS ROBERT J. COOPER DECREE IN DIVORCE AND NOW, ; IT IS ORDERED AND ANNETTE D. COOPER DECREED THAT PLAINTIFF, ROBERT J. COOPER AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; 0" The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. The Marriage Settlement Agreement entered into by and between the parties is incorporated but not merged BY THE COORT: ATTEST: Decree. J. PROTHONOTARY 4 .E -yew -.3-At Y7" lc"VT J Lo - 7 - r?