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HomeMy WebLinkAbout06-4155 TENA 1. COBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. !)b . if/.sS : IN DIVORCE CIVIL TERM DANIEL F. COBAUGH, JR. , Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 TENA L. COBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DANIEL F. COBAUGH, JR. , Defendant . / : NO. "t- . If I.5S : IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Tena L. Cobaugh, an adult individual currently residing at 2340 Waggoners Gap Road, Carlisle, Cumberland COWlty, Pennsylvania. 2. Defendant is Daniel F. Cobaugh, Jr., an adult individual currently residing at 2340 Waggoners Gap Road, Carlisle, Cumberland COWlty, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 9, 1993, in Cumberland COWlty, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. . . . 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, ~(l,,-,,-,," '\l.~l\"'nl\ - ~"''t't\ Hannah Herman Snyder, Esqui Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ,~:. .. .c ~ __ VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ,-t&;-ri/J F~ "- "- ~~ \~ ~ ~ lI\ . ~ \ ~ ~ ~ \ ~\ ~ . ~ "- . ~ ~ ~ ~ .: ,. ... ~ ~, ~{l t,-=:" ::::1 (::~~ (11 ~n i -t.,,';" t'<~ ; j ,-. " ~ - .,..,..~ c-::i cn :~ , TENA 1. COBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CNIL ACTION - DNORCE DANIEL F. COBAUGH, Defendant : NO. 06-4155 CNIL TERM ACCEPTANCE OF SERVICE I, Kara W. Haggerty, Esquire, acknowledge that on or about <JU-Iy 2.1, ZODv I received a Complaint in Divorce in the above captioned action and acknowledge that I am authorized to do so on behalf of Defendant, Daniel F. Cobaugh. Date:~ VW-W Kara W. Haggerty 36 South Hanover Carlisle, PA 17013 J'.'f r , ,';t - >~,-.; .... IECIEIVIE 0 9 JUL 3 1 ZOO6 - GRIFFIE & ASSOCIATES TENA L. COBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA V. NO. 06-4155 DANIEL F. COBAUGH, Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under ~3301(c) of the Divorce Code was filed on July 24,2006. 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 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. ~4904 relating to unsworn falsification to authorities. Date: ;/ c;Io7 ()(bu;/1~~ DANIEL F. COBAUGH g s: -0 ():.: """p, 'Z':'-~ Z~.> ~~~~: t.2 c.' -:-:>--', z"" ,...0 >c: Z ~ ~ ~ <- ~ , \.0 -0 :J: W .. f',) c...> ~ =' n'~ !b ''''-\-r, :r.:-n c>:>=;. "?"f'n 9 ~ TENA L. COBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. NO. 06-4155 DANIEL F. COBAUGH, Defendant CIVIL ACTION -LAW IN 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 diyorce 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: Ih/o7 I n-u7f;Z~;: DANIEL F. COBAUGH ~ 5 (.;... ~ , \D (') c ~ -00-'. I.:ry.~\ zt_ CJ? <~. ~~:', ~(-:- ""=0 J7C ~ ~ ~::Q !~ -==1 .,-. :c --n 06 t5. \'11 ~ ?P :;..::; -0 $ W .- N c,..) TENA L. COBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - DIVORCE DANIEL F. COBAUGH, Defendant : NO. 06-4155 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on July 24, 2006, and service was made on July 27, 2006 by restricted delivery, certified mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. DATE: 1- 1)5-07 (/1R-.~ ENA L. co GH, Plaint' f (') ,-- ~7" ......" l ~,; t---:> = = ..... C- :=- ....",.. ....\;..... o -n ::? .-- Ii i'1e :R~j -:C) ';,'::f; '-~~'~~ :::::\ -1>- ~ ,.., o :c:.."':'Jl :.;: - - W N TENA L. COBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - DIVORCE DANIEL F. COBAUGH, Defendant : NO. 06-4155 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: _1- ~5 -07 @ luJ.!A (dn,ffi~ .. TENA L. C8BAUGH, PI . tiff r-") c:.:J t~ --' <.- ):;:~~ -,' .,....,..... v) o o -n .-1 :r:-" f\\E. -r-" l ~ ': ;~~ S") -_:,'t(~" -'-'.~~)-~. .~. "- ,.' -::;~"::-I((l, ~2 :~ c..) r":; ~ . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this ~.:S-t>-. day of J<l.J'..\..LO-J'f '\ , 200~, by and between TENA L. COBAUGH, of 304 Sherman Avenue, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND DANIEL F. COBAUGH, of 2340 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on October 9, 1993, in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. 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 Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner whichconfonns to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 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 rights of equitable distribution of the parties. 3.3 Personal Propertv. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property or assets that are in the other party's possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 Subsequentlv Acquired Propertv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension. Retirement. Protit-Sharinl!. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's retirement plan with Norfolk Southern Corporation, Plan No. 090086, which defined contribution plan totaled $15,399.92 as of June 30, 2006. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's Roth IRA with Fidelity Destiny, Account No. 7033007479, which totaled $11,666.20 as of June 30, 2006. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's IRA with Pioneer Investments, Account No. 06206949779, which totaled $37,292.38 as of March 31, 2006. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's 401(k) and 403(b) through her present employment, Holy Spirit Hospital, which totaled $131,418.78 as of June 30, 2006. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. 3.7 Vehicles. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 2001 Ford Windstar SE Sport Minivan vehicle which was originally titled in Wife's name individually. Husband shall make no ownership claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1999 Ford Ranger Shortbed vehicle which was originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3.8 Intanllible Personal ProDertv. The parties have already transferred or waived rights and interests in other intangible personal property including their various bank accounts, credit union accounts and the like. Neither party shall make of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that has already been retained by that party as described herein. 3.9 Real Estate. The parties were joint owners of real estate located at 2340 Waggoner's Gap Road, Cumberland County, Pennsylvania. Said property was owned in joint names as tenants by entireties. The property was encumbered with a mortgage due in owing to Farmer's National Bank, and a second mortgage was due on owing to Commerce Bank. Husband refinanced the above referenced real estate in an amount sufficient to pay the mortgages in full and thereby removed Wife as an obligor on said mortgages. From the time of the refinance forward, Husband shall be solely and exclusively responsible for the repayment of any and all mortgages, and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever. At the time of refinancing, Wife executed a special warranty fee simple deed conveying her interest in said property. Wife shall make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate from the date of execution and delivery of the deed forward. At the time of final settlement on the refinance of the real estate, the proceeds shall be distributed with the Farmer's National Bank and Commerce Bank Mortgages being paid in full as it is required at a routine settlement, and SIX THOUSAND FIVE HUNDRED DOLLARS AND XXlIOO ($6,500.00) being distributed to Wife. The remaining proceeds shall remain as Husband's sole property. Neither party shall make any claim against the other after the sale and distribution of proceeds in this manner. The distribution to Wife of SIX THOUSAND FIVE HUNDRED DOLLARS AND XX/IOO ($6,500.00) takes into consideration the expenses paid by Wife on Husband's behalf after the parties' separation. ARTICLE IV DEBTS OF THE PARTIES 4.1 Each party shall be solely and exclusively obligated to maintain repayment on any debts that exist in their individual name. Each party shall indemnify the other and hold them harmless from any and all demands for payment or collection activities of any nature whatsoever relative to any debts in their parties' individual names. 4.2 Each party represents to the other except as is otherwise set forth in this Agreement, there have been no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY. ALIMONY PENDENT LITE. SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties herein acknowledge that except for the provisions otherwise set forth herein, they have each secured and maintained substantial and adequate funds with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life to which they are accustom. Husband and Wife do hereby waive, release and give up any rights they may respectfully have against the other for alimony, alimony pendente lite, spousal support, and maintenance except as provided for herein. Husband and Wife agree that each party shall be responsible for one-half (1/2) of the cost of any and all costs associated with any activities anyone of the children are currently involved in and will be involved in at any time in the future. The parties agree that the agreement to share equally in all costs is effective immediately in regards to the children's current activities but that any activities the children are not currently involved in will be agreed upon between the parties. For the time being, the parties agree that Lea is currently taking piano lessons, Emily is currently taking art lessons, and Seth is currently taking Karate lessons, and the parties will shall equally in all costs associated with these three (3) activities from the date of execution of this agreement forward. Beginning with the month of December 2006, Wife shall pay all of the children's expenses and then submit to Husband a total bill by the last day of the month. Husband shall pay one-half (1/2) of the bill no later than the 5th day of the month following submission of a total bill. For example, Wife shall submit to Husband a bill for all expenses in December 2006 by December 31, 2006 and Husband shall pay for one-half (1/2) of said bill no later than January 5, 2007. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advanced Rehabilitative Disposition (ARD). The parties agree that Husband shall do everything he can to ensure that Wife is recommended to the ARD program in regards to the criminal charges stemming from the event of May 25, 2006. While the parties understand that Husband's input is not determinative, they agree that Husband shall cooperate with the District Attorney's Office in such a manner as to promote his desires to see Wife qualified for ARD. 6.2 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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. 6.4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.5 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.7 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. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 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. 6.10 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.12 Financial Disclosure. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed and Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim in equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeing equitable distribution of said asset. 6.13 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. 6.14 Divorce: Wife has commenced an action for divorce against Husband pursuant to 330l(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce' in the Court of Common Pleas of Cumberland County. Both parties shall, 90 days after the date of service of said Complaint, furnish Wife's counsel with signed Affidavits of Consent and Waivers of Notice of Intention to Request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement further: a) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under ~3502, et. of the Pennsylvania Code, Act. No 1980-26. b) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: '\.\ 1\ '" r'-'l k... ').l, \' l\ "" lU\. -.4 II" I ~r\ HI. 1- 9'5- 07 Date -'- /1~101 Date ~~CdJ/j~up TENA L. C BAUGH /J~.~/~~ DANIEL F. COBAUGH . .. . COMMONWEALTH OF PENNSYLVANIA .cOUNTY OF ~~ 1 On this 85!J.day of ~~ ' 200,g, before me, the undersigned officer, personally appeared TENA L. COBAUGH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. IIOTJAM.IEN. ROlIN J IAIIITT ....., NIIc CIIIIL*lIClROUGH. CUI IIl'lMDCQ&III'I ... 011 1I....~ EIfIIII.l1. - COMMONWEALTH OF PENNSYLVANIA COUNTY OF {tj(.~~, ~ On this 6 day of , 20~efore me, the undersigned officer, personally appeared DANIEL . VBAUGH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1GI"AIIMLSBAL JOHN A.MOaC.Notuy PubUo O\y alCldllll....OumedaDd ComIlJ My (l .. ....Suno 26. 2010 0 "" c:;; 0 r~-~ , -, - -_J Tl '-_ -I "~'l- 1';1 ~ c", -,-~ .- a " : J; _~'4 .:.:{ 1~~'" -' (,) ~.C1 ("',.i .< lA~ ~r\W. nJ81Atl L MilO'; )/dlrl Y16~ t'fMUO;)OMU1~(;'1<)l"I~ :: I2!J)lA.J t. H ~ IIIIqa ~ "OiH_o.'J ... .-"'....-.........~_.._"o_.,..".......,.... \lI'l"" ,. ~.t~ ,; ,;'1 J'tU)ErA..A l'1lrO\ ,,.',OpdJoI.dblOl,, 'l'n c' .::1~rS~'>;'!11:n " Lfi' .. ... ADDENDUM TO PROPERTY SETTLEMENT AGREEMENT ARTICLE V ALIMONY, ALIMONY PENDENT LITE. SPOUSAL SUPPORT AND MAINTENANCE 5.2 For the 2006 tax year, the parties agree to file all income taxes jointly and agree to disburse the refunds in proportion to the taxes each party paid, as calculated by Howard's Accounting. For the 2007 tax year and all odd numbered years thereafter, Wife shall claim two (2) of the children as dependants, namely Seth and Lea, on her income tax returns and Husband shall claim one (1) of the children as a dependant, namely Emily, on his income tax returns. In all even numbered years, Wife shall claim one of the children as a dependant, namely Seth, and Husband shall claim two (2) of the children as dependants, namely Lea and Emily. This agreement is in effect for as long as the parties share physical custody of the children on an equal basis and/or the children are over the age of eighteen (18) and eligible to be claimed as dependants. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: /!Jct/o 7 Date \\~~ ~.~J\.~J\.- ~~l.\~ll\. I l ..-"" ' 1- a;-67 (/ -- '> Date ... TENA 1 , -- COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this ~~ayof ~ , 2007, before me, the undersigned officer, personally appeared TENA L. COBAUGH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ ;;II~ t?/ NOTARIAL SEAL Patricia J. Homer, NotarY Public Carlisle Boro., Cumberland County My commission expires lune 26,2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF . Oi~'I..-. On this J.;., day of ;}~ officer, personally appeared DANIEL F. COBAUGH, known to me (or satisfactory proven) to , 2007, before me, the undersigned be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Wu~i)~ / NOTARIAL SEAL PlaiciaJ. Horner, Notery Public Carlisle Boro.. Cumberland County My commission expires June 26. 2008 r-~ c;:;:> s t- .-;-:,~'" -:';~.t" ~ t,.) o o -n .-\ :I:.." rnr=' 7\~\ ,._, -~'-. '<~~~=~,~~;~\ '~~ ~ ':~ ~ - - w ('.;:; TENA L. COBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-4155 CIVIL TERM DANIEL F. COBAUGH, Defendant : CIVIL ACTION-LAW : 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: I. Ground for divorce: Irretrievable breakdown under ~3301(c) 3301(d)(l) of the Divor<J8 Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by Acceptance of Service on July 27,2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by ~3301 (c) of the Divorce Code: by Plaintiff: 01/25/07 by Defendant: 01/08/07 (b) (I) Date of execution of the affidavit required by ~3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice III ~3301 (c) Divorce was filed with the Prothonotary: January 30, 2007 Date defendant's Waiver of Notice III ~3301 (c) Divorce was filed with the Prothonotary: January 9, 2007 l'\....i) ~ '" n.t--- '\l ~ t'\ N'o..~ 1'0. - ~ N'\lj<U 7\ Hannah Herman-Snyder, Esquir GRIFFIE & ASSOCIATES Attorney for Plaintiff '"" c::':;J :3 '- ""'-1u ~... (;) o L~ r-.~ '" '" '" IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY Tena L. Cobaugh, PENNA. STATE OF Plaintiff No. 06-4155 VERSUS Daniel F. Cobaugh, Defendant DECREE IN DIVORCE AND NOW, F ~-"'?r ~ ~I o:OOJ1-./Vt . , ).DO 7, IT IS ORDERED AND DECREED THAT Tena L. Cobaugh , PLAI NTI FF, AND Daniel F. Cobaugh , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Property Settlement Agreement entered into on January ~ 25, 2007 and Addendum herein, but not BY ry 29, 2007 are ATTEST:d ~ < ~ PROTHONOTARY :t: '" '" '" '" '" ~ :t: :t::t: ~:t: '" J. ~ Jp ~ /'~ :~." ~ LtJ. L.-e _/~~_ ...,.,411",../. "" ,. /fl...., ~.P'J a}, '- . e ~ /"7/' ' " . . \ ., " " #>. .t..l, ';> .,'"