HomeMy WebLinkAbout02-1728
Elizabeth A. Hoffman, Esquire
106 Walnut Street
Harrisburg, PA 17101
(717) 236-2956
DIANE KOCHER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02. - 1'1;;"~ Q,:"~ll~
KARL E. KOCHER, JR.,
Defendant
CIVIL ACTION - LAW
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 verification of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at the Dauphin County Courthouse, Harrisburg, 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania
(717) 249-3166
Elizabeth A. Hoffman, Esquire
106 Walnut Street
Harrisburg, PA 17101
(717) 236-2956
DIANE KOCHER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 02. - 17JJ>
C(.)~C--r~
KARL E. KOCHER, JR.,
Defendant
CIVIL ACTION - LAW
DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Diane Kocher, an adult individual, whose current mailing address is 4181
Nantucket Drive, Mechanicsburg (Cumberland County), Pennsylvania 17050.
2. Defendant is Karl E. Kocher, Jr., an adult individual, whose current mailing address is
4181 Nantucket Drive, Mechanicsburg (Cumberland County), Pennsylvania 17050.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months
immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on May 30, 1994, in Hershey, Pennsylvania.
5. There were no children born of Plaintiff and Defendant's marriage.
6. There has been no prior action for divorce or annulment between the parties.
7. Plaintiff has been advised of the availability of counseling and the right to request that
the Court require the parties to participate in counseling.
8. Defendant is not a member of the Armed Services.
9. Plaintiff avers that the grounds on which the action is based is that the marriage is
irretrievably broken.
WHEREFORE, Plaintiff requests the court to enter a Decree in Divorce dissolving the
marriage between the parties pursuant to Section 3301 (c) of the Divorce Code of 1980, as
amended.
Respectfully submitted,
Eliz b th A. Hoffman,
Attorney for Plaintiff
Attorney ID #71000
106 Walnut Street
Harrisburg, PA 17101
(717) 236-2956
VERIFICATION
I verify that the information provided in the attached 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.A. ~4904. relating to
unsworn falsification to authorities.
Date: dJ~q ~.;L
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/Diane E. Kocher
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
DIANE KOCHER,
Plaintiff
KARL E. KOCHER, JR.,
Defendant
CIVIL ACTION - LAW
DIVORCE
CERTIFICATE OF SERVICE
I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the
Plaintiffs Complaint in Divorce was delivered by U.S. mail, certified and restricted, to the
following person:
Karl E. Kocher, Jr.
4181 Nantucket Drive
Mechanicsburg, PA 17050.
Date:
Elizabeth A. Hoffman, Esquire
Attorney for Plaintiff
Attorney ID #71000
106 Walnut Street
Harrisburg, PA 17110
717-236-2956
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
'DIIl Y\L kOGh~r
Plaintiff
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File No. CJ 6l.-J 7Pt8
vs.
IN DIVORCE
}(A12...L E.. Koc Hoe T~
De1kndant
NOTICE TO RESUME PRIOR SURNAME
Notice
above matter,
..3:f:D day of
1S hereby given that the Plain.tiff/Defendant in the
having been granted a Final Decree in Divorce on the
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prior surname of
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. and gives
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of name being resumed
COMMONWEALTH OF PENNSYLVANIA:
55.
COUNTY OF CUMBERLAND
On the J2-~-- day of T:;e,JlprY/ be..r , O(~, before me, a
Notary Public, personally appeared the above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
sea 1.
In WiLness Whereof, I have hereunto set my hand and official
NOTARIAL SEAL
JODY S. SMITH, NOTARY PUBLIC
Carlisle Boro, Cumberland County
My Commission Expires April 4, 2005
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DIANE KOCHER,
Plaintiff
IN THE COURT 'OF COMMON PLEAS
CIDfBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 02,-1728 Civil Term
KARL E. KOCHER, JR.,
Defendant
AFFIDA VII OF SERVICE
I, ELIZABETH A. HOFFMAN
, Esquire do hereby certify that I served a certified
copy of the Divorce Complaint on the Defendant Karl Koch.~r, Jr.
, by Certified Mail,
Restricted Delivery on the 12 _ day of April
, 200 2 as is evidenced by the signature
of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in
Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States
mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid,
addressed as follows:
Karl E. Kohcer, Jr.
112 Northwood Drive
Harrisburg, PA 17109
Date:
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PS Form 3811. July 1999 Domestic Return Receipt
102595-00-M-0952
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 02-1728 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
DIANE KOCHER,
Plaintiff
KARL E. KOCHER, JR.,
Defendant
AFFIDAVIT OF CONSENT
1, A complaint in divorce under Section 3301 (c) of thEl Divorce Code was filed on April
8,2002, in Cumberland County, Pennsylvania.
2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have
elapsed from the date of filing the complaint.
3, I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties oir 18 Pa.C.S. 94904 relating to
unsworn falsification to authorities.
Date:
II, I~. 0 ~
Karl E. Koc~, Jr.
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DIANE KOCHER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 02-1728 CIVIL TERM
KARL E. KOCHER, JR.,
Defendant
CIVIL ACTION - LAW
DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER &3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2, I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorGe 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:
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IN THE COUHT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1728 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
DIANE KOCHER.
Plaintiff
KARL E, KOCHER. JR.,
Defendant
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on April
8.2002, in cumberland County, Pennsylvania.
2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have
elapsed from the date of filing the complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree,
I verify that the statements made in 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:
11/11/c;rt
Diane Kocher
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DIANE KOCHER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1728 CIVIL TERM
KARL E. KOCHER, JR.,
Defendant
CIVIL ACTION - LAW
DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is grantE~d.
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:
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DIANNE KOCHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, ~NNSYLVANIA
\IS.
: NO. 02-1728 Civil Term
KARL E.' KOCHER'IJR.
Delendant
: CIVIL ACTION-DIVORCE
PRAECIPE TO TRANSMIT RECQRD
TO THE PROTHONOTARY:
Transmit the record, together with the following infonnation, 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: Certified-Restricted delivery 4/12/02
3. Date of Execution of Affidavit of Consent required by Section 3301(c) ofthe Divorce
Code by Plaintiff. 11 /18/02 ; by Defendant-. 11 /18/02
4. Related claims pending: NONE
5. (Complete either (a) or (b)
(a) Date and manner of service ofthe Notic(~ ofIntention to File Praecipe to
Transmit record, a copy of which is attached:
(b) Date Plaintiffs Waiver of Notice in Section 3301(c) was filed in the
Prothonotary: 11/26/02
Date of Defendant' s Waiver of Notice in Section 3301(c) was filed in the
Prothonotary: 11 /26/02
Respectfully submitted:
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MARITAL SETTLEMENT AGREEIVIENT
THIS AGREEMENT made and entered into this ttu.../ day of ~~, 2002,
at Harrisburg, Dauphin County, Pennsylvania, by and between DIANE KOCHER (hereinafter
referred to as "WIFE") residing at 4181 Nantucket Drive, Mechanicsburg (Cumberland County),
Pennsylvania, and KARL E. KOCHER, JR. (hereinafter referred to as "HUSBAND") residing at
112 Northwood Drive, Harrisburg (Dauphin County), Pennsylvania.
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WHEREAS, the parties hereto were duly and lawfully married to each othe~U:MaY,30,h~;
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1994, in Hershey, Pennsylvania; S?:(':,' ;r-..
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WHEREAS, certain unhappy and irreconcilable differences have arisen b:-~n tn~
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parties in consequence of which they desire to live separate and apart and wish to remain
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separate and apart for the rest of their lives;
WHEREAS, the parties desire to enter into an Agreement under which their respective
financial and property rights and all other rights, remedies, priviileges, and obligations to each
other arising out of the marriage relation or otherwise shall be fully prescribed and bounded
thereby;
WHEREAS, a Complaint in Divorce was filed in the COUlrt of Common Pleas of
Cumberland County at Docket No. 02-1728 Civil Term on April 8, 2002;
WHEREAS, each party has had an opportunity to consult with an attorney of his or her
own choice; and
WHEREAS, the parties hereto each warrant and repres1ent to the other that they fully
understand all the terms, covenants, conditions, provisions, and obligations incumbent upon
each of them by virtue of this Agreement to be performed or contemplated by each of them
hereunder, and each believe the same to be fair, just, reasonable and in the respective
Page 1 of 7
individual best interest of each, and 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;
NOW THEREFORE, in consideration of the covenants and promises contained herein,
the parties hereto, intending to be legally bound hereby, agree as follows:
1. SEPARATION. It is and shall be lawful for the partiE~s hereto, at all times, to live
separate and apart from each other and to reside from time to time at such place or places as
each of the parties may deem fit and to contract, carry on and 'engage in any employment,
business or trade which either may deem fit, free from control, restraint, or interference, direct or
indirect, by the other in all respects as if such parties were sin~lle and unmarried.
2. NONINTERFERENCE. Neither party shall in any way molest, disturb, or trouble the
other or interfere with the peace and comfort of the other or compel or seek to compel the other
to associate, cohabit or dwell with him or her by any action or proceeding for restoration of
conjugal rights or by any means whatsoever.
3. DATE OF EXECUTION: The "date of execution" of this agreement shall be defined
as the date upon which it is executed by the parties if they havE~ each executed the agreement
on the same date. Otherwise, the "date of execution" of this a~lreement shall be defined as the
date of execution by the party last executing this agreement.
4, MUTUAL RELEASE. HUSBAND and WIFE each do hereby mutually release and
forever discharge the other and the estate of each other for all time to come, and for all
purposes whatsoever, of and from any and all rights, title 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 the other, the estate of such other or any part ther,eof, 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 take Hgainst the spouse's will; or the
Page 2 of 7
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
Pennsylvania, or any state, commonwealth, or territory of the United States, or any rights which
either party may have or at any time hereafter shall have for past, present or future support or
maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or
expenses, whether arising as a result of the marital relations or otherwise, except all rights and
agreements and obligations of whatsoever nature arising or which may arise from this
Agreement or for the breach of any provisions thereof, It is the! intention of HUSBAND and
WIFE 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 provision thereof. It is further agreed that this Agreement
shall be and constitute a full and final resolution of any and all claims which each of the parties
may have against the other for the equitable division of property, alimony, counsel fees and
expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code
or the divorce laws of any other jurisdiction.
5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have
been fully explained to WIFE by ELIZABETH A. HOFFMAN, ESQUIRE, counsel for WIFE.
HUSBAND has been advised to seek counsel to review the terms of this Agreement and has
decided not to consult an attorney.
HUSBAND and WIFE agree that this Agreement is, under the circumstances, fair and
equitable and that it is being entered into freely and voluntarily 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.
Page 3 of 7
6. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of
financial statements by the other although the parties have belen advised by their respective
attorneys that it is their legal right to have these disclosures made prior to entering into this
Agreement. 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 part thereof.
7. WARRANTY AS TO EXISTING OBLIGATIONS, ECilch party represents that he or
she has not heretofore incurred or contracted for any debt or liability or obligation for which the
other party may be responsible or liable except as provided for in this Agreement. Each party
agrees to indemnify and hold the other party harmless for and against any and such debts,
liabilities or obligations of every kind which may heretofore bee!n incurred by him or her,
including those for necessities, except for the obligations arising from this Agreement.
8. PERSONAL PROPERTY. The parties stipulate and agree that all items of personal
property have previously been divided between themselves. The parties do hereby specifically
waive, release, renounce and forever abandon whatever claims, if any, he or she may have,
with respect to any of the items previously divided between themselves.
9, MARITAL RESIDENCE. HUSBAND and WIFE acknowledge that, at the time of
separation, they owned real property located at 4181 Nantucket Road, Mechanicsburg
(Cumberland County), Pennsylvania, and that they had an outstanding balance on two
mortgage loans on said residence.
WIFE shall retain complete possession of the aforesaid property. She agrees to assume
complete and exclusive responsibility for the balance owing on the aforesaid mortgages and to
indemnify and hold HUSBAND harmless from same for all time" WIFE also agrees to refinance
both mortgage loans as soon as her application is approved by the finance company.
HUSBAND agrees to execute the deed to the home to transfer his interest in said
Page 4 of 7
property to WIFE at the time when he signs this Agreement. WIFE's attorney shall hold the
deed in escrow until such time as WIFE refinances the property.
WIFE agrees to take complete and exclusive responsibility for any and all debts arising
from occupancy of the residence, including homeowner's insul"ance, taxes, and utilities and hold
HUSBAND harmless from same for all time.
10. VEHICLES. HUSBAND and WIFE agree that WIFE has title to the 1999 Marquis.
HUSBAND and WIFE also agree that there is an outstanding balance owed on said vehicle,
WIFE agrees to sign all title and interest over to HUSBAND when he assumes responsibility for
paying off the balance through a trade-in of the vehicle or by rE~financing said vehicle in his own
name and thereby hold WIFE harmless for all time from any debt arising from the vehicle.
11. WIFE agrees to take complete and exclusive responsibility for any and all debts
incurred in her individual name and to indemnify and hold HUSBAND harmless from same,
HUSBAND agrees to take complete and exclusive responsibility for any and all debts incurred in
his individual name and to indemnify and hold WIFE harmless from same.
12. APPLICABILITY OF TAX LAW TO PROPERTY TR:ANSFERS, The parties hereby
agree and express their intent that any transfer of property pursuant to this Agreement shall be
within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter referred to
"the Act"), specifically, the provisions of said Act pertaining to transfers of property between
spouses or former spouses. The parties agree to sign and cause to be filed any elections or
other documents required by the Internal Revenue Service to mnder the Act applicable to the
transfers set forth in this Agreement without recognition of gain on such transfer and subject to
the carry-over basis provisions of said Act.
13. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE AND LEGAL FEES. Each
party hereby waives any right to alimony and/or alimony pendente lite. The parties agree to be
responsible for their own attorney's fees.
Page 5 of 7
14. INCOME TAX RETURNS. The parties agree to file separate state and federal
income tax forms for 2002.
15. APPLICABLE LAW. This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of
this Agreement.
16. AGREEMENT BINDING ON HEIRS. This Agreeml3nt shall be binding and shall
inure to the benefit of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
17, INTEGRATION. This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
18. NO WAIVER UPON DEFAULT. This Agreement shall remain in full force and effect
unless and until terminated under and pursuant to the terms of this Agreement. The failure of
either party to insist upon strict performance of any of the provisions of this Agreement shall in
no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any
default or breach of any provisions hereof be construed as a waiver of any subsequent default
or breach of the same or similar nature, nor shall it be construed as a waiver of strict
performance of any other obligations herein.
It is specifically agreed that a copy of this Agreement and the agreement recorded by the
Master shall be incorporated by reference into the divorce decree. It is the specific intent of the
parties to permit this Agreement to survive any judgment and to be forever binding and
conclusive upon the parties,
19. 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
Page 6 of 7
Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of
any party to meet her or his obligation 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.
20. BREACH. If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach or seek such
other remedies or relief as may be available to him or her, and the party breaching this contract
shall be responsible for payment of reasonable legal fees and costs incurred by the other in
enforcing his or her rights under this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and
year first above written.
_~~o ~
/ Diane Koche
~ess
Page 7 of 7
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
STATE OF
DIANE KOCHER,
Plaintiff
VERSUS
KARL E KOCHFB, JB
Defendant
PENNA.
No.
02-1728 Civil Term
DECREE IN
DIVORCE
AND
Now,~3
6t;iS(P
,2',/)(J~T IS ORDERED AND
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DECREED THAT
nTANF. J(or.l-fF.'R
, PLAINTIFF,
AND
KARL E. KOCHER. .TR..
, DEFENDANT,
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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;
NONE
Thi!'; Agrppmpnt- of NmTPmhpr lR, ?OO? il'l hprphy inC'orpor.<lt-pn intq_t;b~ Ft!tal
Divorce Decree.
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( - -- ROTHONOTARY
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