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Ma.t~AL IIPARATIOH AND PROPIRTY IITTLINIHT AORIIHIHT
I'J~ ~,
THIS AGREEMENT I made this ..] day of June; 1995,
by and between Linda R. Cook, party of the first part. herein*
atter reterred to as "Wite", and Mervyn A, Cook, party at the
18cond part, hereinafter referred to as "Husband".
WITNESSE'rH I
WHEREAS, the parties hereto ar.e husband and wife,
having been married on April 16, 1994, and
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated or now
live separate and apart from one another, or contemplate living
separate and apart from one another, and the parties hereto are
desirous of settling fully and finally their respective f.inancial
and property rights and obligations as between each other.
inclUding, without limitation by specification: the settling of
all matters between them relating to the ownership and eq11itable
distribution of real and personal property, the settling of all
matters between them relating to the past, present and future
support, alimony and/or maintenance of WJ.fe by Husband or of
Husband by Wife, and in general, the settling of any Ilnd all
claims hnd possible claims by one ag~inst the other or against
their respective estates.
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
'.
.eritel atatu.; particularly with respeot to the relevant ..c-
tiona of the Divorce Code of 1900, April 2, 1900, P.L. 63, Act
No. 26, AJLamended, and being tully aware of their right to
oonault with or having consulted with their respective legal
ooun.el or advisor., namely Andrew c. Sheely, Esquire, Attorney
for Wite, and G. Patrick o'Connor, Esquire, Attorney tor HU/lpand,
and having had the opportunity and ability to request a full and
complete disclosure ot income and assets trom the other, and
reviewing this Agreement, have come to an agreement as to each
and allot their said matters ot property and relaticns, and
WHEREAS, Wite has filed a No-fault Complaint in Divor-
ce, said Complaint being docketed in the cumborland county
prothonotary's Office at No. 94 - 4536.
NOW, THEREFORE, in consideration of the above recitals
and the mutual oovenants her~inatter set forth, each of tho
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as followSI
1. SEPARATION
It shall be lawful for each party at all times
hereafter to livo separate and apart from each other in suoh
plaoe or places as he or she may from time to time ohoose or deem
tit.
2
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3, INTERFEijE~CE
Each party shall be tree trom interfer.nce, authority
and control, direot or indirect, by the other as tully.. if he
or .h. were singl. and unmarried. Neither. shall molest the other
or co~pel or end.avcr to compel the cther to oohabitate or dwell
with hi~ or her, or to in any way harass or malign thA other.
3. WAIVER OF CLAIMS AGAINST E8'rATEB
Except as otherwise providod herein, Husband relin-
quish.. hi. inohoate intestate right and his right to aot as a
personal representative in the estate of Wife, and Wife relin-
quishes her inohoate intestate right and her right to aot as a
personal representative in the estate of Husband. Eaoh of the
parties hereto by their presents, for himself or herself, his or
her heirs, exeoutors, administrators or assigns, does remise,
release, quit-claim and forever disoharge the other ~arty hereto,
his or her heirs, executors, administrators or assigns or any of
them, of any and all olaims, demands, damages, aotions, causes of
aotions, suits, at law or equity, of whatsoever kind or nature,
for or beoause of any matter or thing omitted or suffered to be
done by said other party prior to and including the date hereot,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way etfeot
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.ny o.use of aotion in absolute divorce whioh .ither p.rty m.y
h.v. a'iJainst eaoh other.
" . MARITAL PROPER'ry
The parties hereto aoknowledge that during their
..rria'iJe they have aoquired, individually or jointly, variou.
....t. and property. The parties further aoknowledge that they
own the marital residenoe looated at 620 Wayne Orive, Meohanics-
burq, Pennsylvania as tenants in oommon having each acquired a
one-half interest in the propurty prior to their marriage.
Husband and Wife acknowledge that they are aware of their
respeotive rights pursuant to the oivorce code of 1980, as
amended, to obtain formal valuations or appraisals of the marital
residence, and other items of marital property. However, the
parties agree that they will not undertake this expense and
aoknowledge that no financial disclosures are attached to this
agreement as separate exhibits or achedules. The parties hereby
waive any necessity for completing or attaching any financial
disolosure(s). Each party further acknowledges the opportunity to
attach a full and complete financial disolosure and that such
disclosure is not required to effectuate a fair and equitable
resolution of their marital rights, duties and obligations as
provided in the Oivorce Code of 1980, as amended.
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5. PERSO"A~ PRO~ERT~
Hu.band and Wite agree that Husband shall be entitled to the
following items ot personal property in addition to those item.
pre.ently in hie poesession and that Wits shall return these
items within seven (7) days of this Agreementl
(a) Diamond ringl
(b) Hew Seare lawnmowerl
(c) Cordless screwdriver, wrench set Bnd needle-nose pliersl
(d) refrigerator (presentLy in marital residenoe) I
(e) an amount of $225.00 whioh constitutes a division ot the
1994 inoome tax refund
Husband and Wife agree that Wife shall be entitled to the
tollowing items of personal property in addition to those items
presently in her possession and that Husband shall return these
items to Wife within seven (7) days of the date of thi~ Agree-
mentl
(a) dining room table and chairs in the basement of the
marital residencel
(b) all personal photographs I
(c) old lawnmowerl
(d) Hintendo trophies and yearbook, to the extent such are
.ubsequently discovered or whereabouts identified by Husband, and
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(e) any other tamily photographs, inoluding piotures ot
Wite'l ohildren and grandchildren, excluding only photograph.
whioh inolude Husband and/or hiB son, Allen; to be returned to
Wita within tourteen (14) days ot the signing of this Agreement.
Furthermore, the par.ties hereto mutually agree that they
have effected a satisfactory division of the turniture, household
furniehinge, applianoes and other household personal property
between them, and they mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or. her posses-
.ion, whether said property is heretofore owned jointly or
individually by the parties hereto, and this Agreement shall have
the effect of an assignment or bill of sale from eaoh party to
the other tor suoh property as may be in the individual posses-
.ions of Baoh of the parties hereto.
The parties hereto have divided between themselves, to
their mutual satisfaotion, all items of tangible and intangible
marital and non-marital property. Neither party shall make any
claim to any such items of marital property or non-marital
property, or of the separate personal property of either party,
which are now in the possession and/or under the control of the
other,
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From and after the date this Agreement both parties
shall have complete freedom of disposition a. to their .eparate
personal property whioh is in their possession or oontrol pur-
suant to this Agreement and may mortgage, sell, grant, conveyor
otherwise encumber or dispose of such personal property, whether
suoh personal property was aoquired before, during or after
marriage, and neither Husband nor Wife need join in, consent to,
or aoknowledge any deed, mortgage, or other instrument of the
other pertaining to suoh disposition of personal property.
6. REAL ESTATE
Husband agroes to transfer his right, title and inter-
est in and to the parcel of real estate with improvements thsreon
situate a~ 620 Wayne Drive, Mechanicsburg, Upper Allen Township,
Pennsylvania, and presently owned by the parties as tenants in
oommon, more speoifically described in the deed attached hereto
aB Exhibit "A", to Wife and to sign all documents necessary to
effect said transfer of the title to the real estate to her name
individually. Both parties acknowledge that no other encum-
brances, liens, judgments or other liabilities are presently
reoorded against the real estate and improvemEmts with the
e~1eption of a mortgage in favor of Harris Savings Bank.
As a result of the aforesaid conveyance, Wife shall pay
Husband an amount of Thirty-Two Thousand Dollars ($32,000,00).
7
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The ..ount .hall be lDade payable to HUlband and HUlband'. .ttor-
ney; per inltruotion. of KUlband. Furthermore, Wife agr.el to
latilfy the editing mQrtgage with Harrill savings Dank through
refinanoing or any other method of payment within Ninety (90)
day. from the date of this Agreement, Husblllnd and wife agree
that the dooumel,ts necessary to transfer title from Husband and
Wife to Wife to the real estate shall be signed simultaneoully
with the tranlfer of title and payment of the aforementioned
amount of Thirty-TWo Thousand Dollars ($32,000.00) to Husband.
In the event Wife is unable to obtain financing or
other method of payment to satisfy the existing mortgage within
ninety (90) days from tho date of this Agreement, Husband and
Wife agree that the previous provisions of this paragraph shall
beoome null and void and that the real estate shall be immedi-
ately listed for slllle. The parties further agree that all
proceeds from the sale of the marital residence, if necessary,
shall be equally divided after payment of all necessary expenses
associated with sale and transfer of the marital residence.
Husband and Wife agree that Husband shall assume and
pay all mortgage payments on the marital residence and assume
costs and utility expensos associated with maintaining the
marital residence until Wife is conveyed the property as set
forth above.
B
Hu.band and Wife further agr.ee that they ehall eaoh
...u.e liability for hie or her reepective .hare of any capital
gain. taxe. which may be assessed hereatter ae the result cf a
.ale of the above de.cribed real estate/ and it is further agreed
between the partie. that they shall satisfy their respective
liabilitiee, at their respective options, by qualifying tor an
exemption or by paying any taxes due.
7. MOTOR VEHICLES
The parties hereto agree that Wife shall be entitled to
have the sole and exclusive control, benefit, use and title of
the 1986 Chevrolet Monte Carlo which is Wife's non-marital
property.
8. MISCELLANEOUS
(A) The parties hereto acknowledge and agree that any
and all savings and checking accounts/ as well as certificates of
deposit, owned by them jointly or singly, have been divided to
their mutual and individual satisfaction.
(8) Neither party hereto shall make a claim upon the
other for accumulated pension, prOfit-sharing, retirement sup-
port/ retirement bonefits, insurance policies, IRA's, or any
retirement-related benefits.
(e) The parties hereto acknowledge and agree that any
and all life insurance policies owned by them jointly or singly
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have been divided to their mutual and individual satistaotion,
each party hereto acknowledges that they have in their sole
posseo.icn thOle policy or polioies ot lite inluranoe which they
intend to keep and retain as their Hole and e~clusive property
and, rurther; eaoh party shall have the right to designate the
benericiarie. or said pOlicies.
(D) The division or existing marital property is not,
except as otherwise expressly p~ovided herein, intended by the
parties to constitute in any way, a sale or exchange of assets
and the division is b~inq affected without the introduction of
outside runds or other property not constituting a part of the
marital e.tate. As a part of an equitable division of the
marital properties and the marital settlement herein contained,
the parties hereto agree to save and hold each other harmless
trom all income taxes assessed against the other reSUlting from
the division of the property as herein provided.
9, ~S OF HUSBAND AND ~
The parties hereto agree that any and all obligations
incurred subsequent to the date of separation, said date being
July 20, 1994, shall be the sole and individual responsibility of
the party incurring the obligation. In addition, Wife agrees to
assume tull liability for certain debts to the Harrisburg BELeo
credit union,
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HUsband represents and warrants to Wite that trom the
.igning ot this Agreement and in the future he will not oontraot
or incur any debt or liability for which Wite or her estate might
ba responsible and shall indemnity and save harmless Wife from
any and all olaims or demands made against her by reason of ~.bts
or obligations inourred by him.
Wire represents and warrants to Husband that from the
signing of this Agreement and in the future sho will not contraot
or inour any debt or liability for which Husband or his estate
might be responsible and shall indemnify and savo harmless
Husband from any and all claims or demands made against him by
reason of debts or obligations incurred by her.
10, ALIMONY, SUPPORT AND MAINTEN^~
Both parties acknowledge and agree that the provisions
or this Agreement providing for equitable distribution or marital
property are fair, adequate and satisfactory to them and are
accepted by them in lieu of and in full and final satisfaotion of
any claims or demands that either may now or hereafter have
against the other for support, maintenance or alimony. Husband
and Wife further, voluntarily and intelligently, waive and
relinquish any right to seek from the other any payment for
support, alimony and maintenance and, further, waive and relin-
quish any rights to division of property, other than provided in
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thi. Aqr..m.nt and, tinally, waive any rights to alimony pendente
lit.; counsel tees and court ocsts.
Hueband and Wite both agree that they have b8en
r..pectively advised and are aware ot the oontents ot the
provieion. ot the Divorce Code, as amended, in Penn~ylvania;
wh.rein con.iderations are set torth in determining an
appropriate amount, it any, to be paid in the torm ot alimony,
Atter being tully advised ot the oontents ot the Divorce Code, as
amended, both parties voluntarily and intelligently waive and
relinquish any right to seek h'om the other payment for support,
alimony and maintenance.
1.1. HU'rUAL RELEASE
Subject to the provisions ot this Agreement, each party
waivee hie or her right to alimony and further distribution ot
property inasmuoh as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property
in accordance with the Divoroe Code, as amended. Subjeot to the
provisions of this Agreement, each party has released and dis-
charged and by this Agreement does for himself or herselt, and
his or her heirs, legal representatives, executors,
administrators and assigns, release and discharge the other ot
and trom all causes of action, claims, rights or demands what-
soever in law or equity, which either of the parties ever had or
.
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1I0W ha. a9ain.t the other, except any or all cau.e or cau.e. ot
action tor divorce or except in any or all cau.e. ot action tor
br.ach ot any provisions ot this Agreement, Each party also
waive. their right to request marital counseling pursuant to
section 3302 ot the Divorce Code.
12. SUBBEOUEN'r DIVORCE
A deoree in divorce entered by a oourt ot competent
jurisdiotion to either party shall not suspend, supersede or
attect the terms ot this Agreement. 80th parties agree, it
requeated, to enter a Consent Order or Orders concerning the
proviaions ot this Agreement in the Court ot Common Pleas ot
Cumberland county/ PennsYlvania, or any other Court of oompetent
jurisdiotion, as a part ot a resolution of any divorce aotion
tiled or to be tiled. This Agreement, and the terms and
oonditions contained herein, as well as the enforcement of said
terms and conditions / shall be contingent upon the sJ.gning of an
atfidavit of oonsent by both parties. Furthermore, both pal,ties
hereto agree/ it requested/ to execute the appropriate aftidavits
and oonsents to secure a No-fault Divorce as may be required by
the Divorce code, as amended. Both parties hereto agree that
thia Agreement may be incorporated into a separate Court Order
but shall not l..erge in such order.
13, ENTIRE AGREEM~
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Thi. Agreement contain. the entire understanding ot the
parti.. and there .re no representation., warrantie., covenant.
or und.rtaking. other than tho.e exprellly .et forth herein.
HUlband and Wite aoknowledge and agree that the provi.ionl ot
thil Agreement with re.pect to the diltribution and divilion ot
marital and .eplrate property Ire tair, equitable Bnd
.atiltactory to them baled on the length ot their marrilge and
other relevant taotors which have been taken into oonsideration
by the plrties. Both parties hereby looept the provisions ot
thil A~reement with respect to the division ot property in lieu
ot Ind in full and tinal settlement and satisfaotion ot III
olaims Ind demands that they may now have or hereafter have
Igainlt the other for equitable distribution of their property by
Iny court of oompetent jurisdiotion pursuant to section 3502 ot
the Divoroe Code or any amendments thereto. Husband and wit~
eloh voluntarily and intelligently waive and relinquish any right
to seek I oourt ordered determination and distribution of marital
property, but nothing herein contained sh~ll oonstitute a waiver
by either plrty of any rights to seek the relief of any court for
the purpose of enforoing the provisions of this Agreement.
14. YQLUNTARY EXECUTION
The provisions of this Agreement and their legal etteot
have been tully explained to the parties by their respeotive
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coun.el, and e~ch pa~ty acknowledges that the Agreement i. fair
and equitable; that it il being entered into voluntarily, with
full knowledge of the assets of both parties, and that it is not
the re.ult of any duress or undue influenoe. The partie.
aoknowledge that they have been furnished with all information
relating to the finanoial afr.airs of the other which has been
requested by eaoh of them o~ by their rospecl~ve oounsel.
15. ADDITIONAL INSTRUMENTS
Husband and Wife shall from time to time at the request
of the other, execute, acknowledge and deliver to tho other party
any and all further instruments that may be reasonably required
to give full force and effeot to the conditions of this Agree-
ment,
16. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
lIxecuted with the same formality as th.is Agreement. The failure
of ei.ther party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature. The
waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or construed as a waiver at
any other term, oondition, clause or provision of this Agreement.
15
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17 . BRIJAQH
It either party hereto breaohee any provision ot this
AQree.ent, the other party shall have the ri9ht, at his or her
election, to sue tor euch breach, or seek other remedies or
reli.f ae may be available to him or her. Both parties a9ree and
are aware that non-compliance wl,th any provision of this ^9ree-
ment permits either party to pursue appropriate legal remedies,
including sanctions as set forth in 23 Pa. C.B.A. S3105.
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneY9' fees, costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable for, in any way whatsoever, or
shall pay upon, or in consequence of, any default or breach by
the other of any of the terms or provisions of this Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend procaedings
against the other at law or equity or both or in any way what-
soever, provided that the party who seeks to recover such
ottorneys' fees, costs and legal expenses and expenses must first
be sucoessful in whole or in part, before there would be any
liability for attorneys' fees, costs, legol expenses and
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.xp.n.... It il the Ip.cific a9ree~ent and int.nt of the partie.
that a breaching or wrongdoing party Ihall bear the burden and
obligation ot any and all oOlt. and expenses and ouunsel fee.
incurre~ by the other party in endeavoring to proteot and enforce
hi. or her rights under this Agreement.
All remedi.s provided by law and all remedies provided
tor in thi. Agreement for. enforoement ot the Agreement shall be
deellled to be oumulative and the exeroiee of one nmedy shall not
bar or prevent the pursuit of any other remedy and el,ther party
may eleot to pursue such remedies simUltaneously and the exeroise
ot a remedy one or more times shall not exhaust its use or
prevent further pursuit of such remedy.
18. DESCRIPTIVE HEADING~
The desoriptive headings used herein are for
convenienoe only. They shall not have any effect whatsoever in
determining the rights or obligations of the parties,
19. INDEPENDENT SEPARATE COVENANTS
It is speQifically understood and agreed by and between
the parties hereto that eaoh paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
20, APPLICABLE LAW
This Agreement shall be oonstrued under the laws of the
commonwealth of Pennsylvania. For purposes of oontraot inter-
17
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r..INDA R. COOK, , IN '1'111') COUR'I' 0' COMMON PI/BAS or
plaintiff I CUMQBRLANP COUH'I'Y, Pr.HHIIYLVANIA
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v.. I CIVIl, AC'I'10H - I,^W
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MERVYN A, COOK, I NO. 94..4 !Ill! CIVI L '1'l':ltM
Pefendant I IN OIVOHCE I
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To the Prothonotary, Lawrenoe E. Welkerl
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/Je.r sir 1
Please withdraw count Ho. I of the Complaint filed
Linda R, cook, Plaintiff in the above-oaptioned divoroe
on behalf of
aotion.
Date,
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hll, {I' I,! '. YL~~~-\, -
Andrew c. shoel y ,Eeq e
Pa, 1.0, Ho. 62469
1 West Main stroot
Shiremanstown, P^ 17011
(717) 737-B761.
Attorney for Plaintiff,
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LINDA R. COOK, I IN THB COURT OF COMMON PLEAB OF
pla1nt:1tt I CUNBER~ND COUNTY, PENNSYLVANIA
I
Va. I CIVIL ACTION - ~W
, 94- 46" 3~
NERVYN A. COOK, I NO. CIVIL 'l'ERM
Defendant , IN DIVORC
NOTIOI TO D".~D CLAIM aIOIlTS
You have beon sued in Court. If you wish to defend against the
olaims set forth in the tOI.lowing pages, you must take prompt aotion.
You are warned that it you tail to do so, the oane may prooeed against
you and a decree in divorce or. annUlment may be entered a9ainst you by
the Court. A jUdgment may also be entered against you for any other
olaim or rolief requested in thene papers by the Plaintiff. You may
lose money or property or other rights important to you, inoluding
oustody or visitation with your children.
When the gr.ound tor the divorce is indignities or irretrievable
breakdown of the marriago, you may request marria~e oounseling. A list
of marriage counselors is available in the Office of the Prothonotary
at the Cumberland County Courthouse, Carli~le, Pennsylvania.
IF YOU DO NOT FILE A croAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOSE THE RIGHT '1'0 CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO No'1'
HAVE A ~WYER OR CANNO'!' AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Adminiotrator
Fourth Floor
Cumberland County Courthouse
CarliSle, Pennsylvania 17013
(717) 240-6200
(717) 697-0371
By, /}\-Iltutl u ~t'N..1/"
Andrew C. sheely,~rre
PA. 1.0. No. 62469
5 West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiff
MERVYN A. COOK,
Defendant
I
I
I
I
I
I
I
IN THE COURT OF COMMON PLEAS OF
CUNBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94- '/.53" OIVIL TERM
IN DIVORCE
LINDA R. COOK,
plaintiff
v..
COKPLAllfT
1. Plaintiff is Linda R. Cook, who ourrently resides at 3920
Gettysburg Road, Camp lIill, Cumberland county, Pennsylvania.
2. Defendant is Mervyn A. Cook, who currently resides at 620
Wayne Drive, Mechanicsburg, Cumberland county, Pennoylvania.
3. Plaintift and Defendant have been bona fide residents of the
Commonw~alth of Pennsylvania for at least six (6) months immediately
previous to the filing of this complaint.
4. Plaintiff and Defendant were married on A~ril 16, 1994, at
Meohaniosburg, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. Plaintiff has been advised of the availability of marriage
counseling and understands that she may have the right to request that
the oourt require the parties hereto to participate in counseling.
7. Plaintiff avers as the grounds upon whioh this action is based
is thatl
(A) That the Defendant has offered such indignities to the
Plaintift, the injured and innocent spouse, as to render her condition
intolerable and life burdensome or, in the alternative,
(B) That the marriage between the parties hereto is
irretrievably broken and that the Plaintiff and Pefendant have lived
..parate and apart since July 20, 1994 or, in the alternative,
(C) 'l'hat Plaintitf and Defendant are now living separate and
apart and, at the appropriate time, Plaintiff will submit an Affidavit
alleging that the parties have lived separate and apart for at least
two (2) years and that the marriage J.s irretrl.evably broken.
WHEREFORE, plaintiff requests your Honorable court to enter a
deoree in divorce divoroing plaintiff and Defendant absolutely.
COUNT I. EOU!'1'ABLE DISTRIBUTION
B. The allegations in paragraphs 1 through and inoluding 7 are
incorporated herein and made a part hereof.
9. Plaintiff and Defendant have legally and benefioially aoquired
marital property, both real and personal, during their marriage from
April 16, 1994 to July 20, 1994.
10. Plaintiff and Def.endant have been unable to agree as to the
equitable division of said marital property to the date of the filing
of this complaint.
WHEREFORE, Plaintiff requests your Honorable Court to equitably
divide all marital property pursuant to Section 3501 and 3502 of the
Divorce Code prior to the entry of a final divorce decree.
I verify that the statements made in this complaint are true and
correct. I understand that false statements herein are made subjeot to
:2
LINDA R. COOK, I IN THE COURT OF coMMON PLEAS OF
plaintitt I OUMBERLAND COUNTY, PENNSYLVANIA
,
VB. , CIVIL ACTION - LAW
,
MERVYN A. COOK, , NO. 94- CIVIL TERM
Defendant I IN DIVORCE
nrIDAVIT
LINDA R. COOK, being duly sworn aooording to laW, deposes and
BaYSI
(1) I have been advised ot the availability of marriage
oounseling and understand that I may request that the court ~equire
that my spouse and I partioipate in counseling.
(2) I understand that the Court maintains a list of. marriage
oounselors in the Domestic Relations Office, which list is available to
me upon request.
(3) Being so advised, I do not request that the Court
require that my spouse and I participate in oounseling prior to a
Divorce Decree being handed do~m by the court.
I understand that false statements herein are made subjeot to
the penalties of 18 Pa,C,S'A' section 4904 relating to unsworn falsi-
fication to authorities.
\.. ,~.
LINDA R.
\ IJ (~'('\'~j
C OK
(. ,\~ ft..j
SWORN to and subscribed before
me this /Itll day of CIU1t' iI.1 , 1994.
/' I.' . 'J ,) I
( ''-~~~~~(~~li;'')n' I )~
My commission Expiresl
NOTARIAL SEAL
CATHERINE J, BARRA. NOTARY ~BlIC
SHIREMANSTOWH BORO, CUMBERlANO CO, PA
MV COMMISSION EXPIRES SEPT 9, 1995
..,
, " .
t.INDA R. COOl(, I IN THB COUR'l' OF COMMON PLEAS OF
Pla1nUtt I CUMBERLAND COUNTY, PENNSYLVANIA
I
VI. , CIVIL ACTION - LAW
,
MIRVYlI A. COOl<, I NO. 94-4536 CIVIL TERM
Defendant , IN DIVORCE
A"IDAVIT 0' 81RYINO COHPLAtHf
COMMONWEALTH OF PENNBYLVANIA
COUNTY OF CUMBERLAND
BS.
ANDREW C. SHEELY, being duly sworn aooording to law deposes and
says that he caused the Complaint in the above-captioned matter to be
served by certified Mail, Restricted Delivery, Return Reoeipt
Requested, as indioated by the attaohed reoeipt cards.
;')t,rlUtl; t j~l-j--
Andrew C. Sheely (
SWORN to and sUbsoribed before me
this 111r. day of ,/," I , 1995.
, .
.. !
( ,ltI~,"", d ' )t/
Notary Public ,/
My commission Expiresl
NOfARIAl SEAL
eATH[RIN[ J. BARRA, NOfAIlV I'UBlIC
SHIR[MANSrOWN BORO, CUMB[RlAND CO, I'A
MV COMMISSION Uf'1RES SIPf, 9, 1995
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LI"D~ R. COOK, I IN TIfE COURT OF COMMON PLEAS OF
plaint:! tf I CUNBERI.AND COUNTY, PENNSYLVANa
I
v.. , CIVIL ACTION - LAW
I
MERVYN A. COOK, I NO. 94-4536 CIVIL 'l'IlRM
Defendant , IN PIVORCE
ArrIDAVIT or cONSIM7
1. A Complaint in Divorce under section 3301(0) of the
Divorce Code was tiled on August 12, 1994.
2. The mar.riaqe ot Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from tho date of filing the
Complaint.
3. I consent to the entry of a final Pecree of Divoroe.
4. I understand that I may lose rights conoerning alimony,
division ot property, lawyer's fees or expenses if I do not olaim tham
before a divorce deoree is granted.
I ver.ify that the statements made in this Affidavit are true
and oorreot. I understand that false statoments herein are made
sUbjeot to the penalties of 10 Pa.C.S.A. section 4904 relating to
unsworn falsification to the authorities.
DATE I (~- I')' '\ .oj
,; ) l
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I-INDA R. C06K
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JUH IU
/0 5& AH '95
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or Jill, , 1 1/101/'1' A^~
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IN THB COURT OF COMMON PLEAS OF
CUHBER~ND COU~rY, PENNSYLVANIA
CIVIL ACTION - lAW
LINDA R. COOK,
Plaint.i tf
MERVYN A. COOK,
Defendant
NO. 94-4536 CIVIL TERM
IN DIVORCE
A..ID~VIT or CONBIH%
1. A Complaint in Divoroe under Section 3301(0) of the
Divoroe Code was filed on August 12, 1994. I acknowledge r~ceiving a
certified oopy of the Divorce Complaint, said copy being served upon me
by Certified Mail, Restricted Delivery, on August 18, 1994.
2. rhe marriage of Plaintitf and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the
complaint.
3. I consent to the entry of d final Decree of Divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim them
before a divorce decree is granted.
I verify that the statements made in this Affidavit are true
and oorrect. I understand that false statements herein are made
sUbject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unsworn falsification to the authorities.
/ /./1" '/'
DATE I ..;, _ ,/ ')
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1,INI1^ II. COJK, f IN 'I'HI:; COUll'l' o Ii' COMMON I'I.BMl OJ-'
Plaintiff f CUMUBllL^ND COUNTY, PENNSYI.vMIA
,
, CIVIL AC'I'ION - L^W
f
vs. , NO. 453G CIVIL 1994
MEllVYN A. COOK, I
J'lefendBnt I IN PIVOllcr;;
STATUS SHl!lIilT
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''''~J) ~.....l.,^",---+
~INDA R. COOK, I IN THE COURT or COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
VS. , CIVIL ACTION - LAW
I
I NO. 4636 CIVIL 1994
NERVYN A. COOK, I
Defendant I IN DIVORCE
NOTICE OF PRE-HEA~G CONFERENCE
TO, Andrew c. Sheely
O. patriok O'Connor
, Counsel for Plaintiff
, Counsel for Defendant
I'
A pre-hearing conferenoe has been soheduled at the
Offioe of the Divorce Master, 9 North Hanover street, Carliole,
Pennsylvania, on the
20th day of March, 1995, at 1130 p.m.,
at whioh time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notioec 2/8/96
E. Robert EliCker, II
Divorce Master
LINDA R. COOKi , IN THE COURT OF COMMoN PLEAS OF
plaint rr , aUMBER~ND COUNTY, PENNSYLVANIA
I
Vs. , NO. 4636 CIVIL 1994
,
MERVYN A. COOK, ,
Defendant I IN DIVORCE
RE' pre-Hearing Conferenoe Memorandum
DATEr Monday, Maroh 20/ 1995
Present for the Plaintiff, Linda R. Cook was
attorney Andrew c. Sheely, and present tor the Defendant, Nervyn
A. Cook WAS attorney G. Patrick O'Connor.
A divorce complaint was filed on August 12, 1994,
raising grounds for divorce of irretrievable breakdown of the
marriage and indignities and the economic claim ot equitable
distribution. with respect to the issue of grounds for divoroe,
oounsel have indicated that their clients will sign, date, and
file affidavits of consent prior to the hearing to be scheduled
in those proceedings so that the divorce can be conoluded under
Section 3301(c) of the Domestic Relations Code.
In the pleadings presently is the claim of
equitable distributionl however, Mr, O'connor indioated that he
may file an alimony claim by petition and we are going to give
him two weeks to decide and file that claim lf he chooses.
Counsel have indicated that if alimony is filed marital
misconduct will not be raised as an issue as that relates to the
factor as noted in the code.
There has been some disoussion regarding whether. or
not the relationship of the parties constitute a common law
marriage since the parties have been living together sinoe 19B5.
We discussed various ways in which the issue of common law
marriage could be raised and ultimately resolved as to whether
or not the parties did have a marriage by oommon lawl counsel
for husband is going to determine whether or not he is going to
raise the common law marriage issue, how he is going to raise
the issue and after discussion with the Court Administrator or
the court, determine which way the matter can proceed. One of
the questions raised was, whether or not the Master has any
jurisdiotion in that area and can take testimony on the issue or
whether, in tact, the issue has to be presented to a Judge and
resolved at that level. As indicated, in any event, Mr.
o'oonnor will attempt to make his decision on whether h. is
qo1nq to make that claim within the next couple of weeks.
The parties were married on April 16, 1994, and
s.parated July 20, 1994. Obviously, if the oommon law marriage
issue i. raised then the date ot marriage could b~ some date
other than April 16, 1994.
Wite is a high school graduate and works in
telephone sales at Kinney Shoe corporation. She resides with
her mother and her daughter Kirstin. Kristin ie a daughter to a
prior marriage. Wife lives at 3920 Gettysburg Road, Camp Hill,
Pennsylvania. She is 46 years of age and does not complain of
any health problems. In 1994 she had a gross income of
$29,629.00. She has no other sources of income but does have
medical insurance coverage. Her net income was computed to be
around $23,500.00.
Husband is a high school graduate and has been
judged to be 100% disablod. He was a combat veteran in viotnam.
He is currently receiving $1,825.00 per month in disability
benefits and $105.00 per month for his spouse. Husband's
counsel has indicated he believes his client retains both of
those payments. His income for 1994 from disability payment
was $21,288.00 and $1,260.00 in spousal benefits. The inoome
that husband receives is not taxable. Also, counsel have
indicated that there is not going to be an issue as to whether
or not husband has an earning capacity based on his 100%
disability. Husband specifically has been diagnosed with
post-traumatic stress syndrome and has chronic depression and
stress. He is an outpatient at the Veterans Hospital and is
under the oare of a psychiatrist. He uses various drugs to help
him with his mental and physical issues.
In 1985 wife owned a property with her first
husband, craig Hamilton. A deed was prepared araising out of
the dissolution of that relationship tranSferring husband's
interest in the property at 620 Wayne Drive, Mechaniosburg,
Pennsylvania, to wife's present husband. Wife retained her
interest in the property. The question is whether or not the
parties here own the property as tenants in common or whether or
not the marriage that UltimatelY occurred on April 16, 19~4 (or
before if the common lnw marriage issue is raised and it is
tound that the parties have a common law marriage) oreated
ownership of the property between the parties as tenants by the
entireties. This mayor may not be an important faotor;
however, if counsel determine that the ownership of the
property, that is, as tenants by the entireties or as tenants in
common will have a significant impact on the final resolution of
this oase, then ooun~el are requested to present a memorandum
regarding their posJ,tion with regard to the ownership of this
property.
With respect to the real estate at 620 Wayne Drive,
Meohanicsburg, Pennsylvania, the Master has directed oounsel to
sed if the parties will agree to list the property for sale.
After doing ft preliminary review of the assetB and values of
assets, it is fairly apparent to the Master that no resolution
of this case can be made without the house being sold or husband
finding some source of funds to purchase wife's interest,
whatever that is ultimately determined to be. In any event, in
order to effect a distribution in this oase, and assuming
husband wants to remain in the house, he is going to have to
determine how he can raise the sUfficient oash funds to achieve
a distribution without selling the house. Therefore, the
Master is specifically recommending that the parties move this
oase torward by listing the house for sale and getting it on the
market during the spring months of 1995 and letting the
marketplaoe determine the value. However, if there is some
problem with regard to getting the house on the market then we
will have to establish fur the hear.ing a value for the house.
One or poth of the parties can have the house appraised and
counsel and the parties call possibly st.ipulate as to the value
to be used for equitable distributioll purposes. Of oourse, if
the huuse is listed for sale we will let the marketplace
determine the value.
Counsel agree that the 1987 Monte Carlo automobile
in wife's possession is nonmarital property.
Counsel also agree that all of the household
tangible personal property is nonmaritall however, the parties
oannot agree as to how the specifio itemB of nonmarital property
are owned, that is, whether husband owns the item or whether
~ife owns the item. Therefore, it may be up to the Master to
make a tinding as to which party is entitled to a specific item
of nonmarital property sirce the parties apparently are in
disagreement as to whether or not certain items are wife's
nonmarital property or husband's nonmarital property. Counsel
have indicated, however, that the parties apparently do agree on
how oertain items are owned and perhaps counsel after discussion
at a conference or through correspondence can come to some
stipulation as to what items specifically will remain with
husband and what items will remain with wife. The other items
of nonmarital property may still be in dispute as to who is the
owner, and that will be taken up at the hearing.
Wife claims that she is entitled to some credit for
debt. .he paid on behalf of husband in the amount of
approKimately $3,600.00. She olaims that she paid approKimately
$1,200.00 a. a result of husband's first driving under the
influenoe offen.e. She olaims that she quve husband between
$1,600.00 and $2,000.00 to take a trip to allow him to g.t away
from the marital situation for a period of time, and finally
that she made oertain mortgage payments and paid debts related
to the real estate which were due and owing at the time that
husband was admitted to a hospital for oertain injuries.
Husband on the other hand, says that wife benefited
from the use ot the funds of his so that there really is a
balancing ot the funds that wife realized from his own funds and
the monies that she claims that she borrowed and gave to him for
the matters previously noted.
Counsel for husband indioates that there was oash
at the house of approximately $650.00 whioh wife took possession
of at the time of separation. Further, husband claims that
there was a joint cheoking acoount and he has no idea at this
point about the amount in that account at the timu of
lIIeparation.
Inaamuch as this case involves certain deoisions by
counsel and tho partios to be mAde within the next oouple of
weeks in order to give us some assistanoe in directing how this
oase shall proceed, counsel are specifically requested to let
the Master know, No.1, whether there is an issue on the common
law marriage, No.2, whether a limony is going be raised, No.3,
whether the house at 620 Wayne Drive, Mechanl,csburg,
Pennsylvania, is going to be listed for sale. The answer on
nome of these issues will determine the course of action whioh
we will take here in this office, however, the Maater will
sohedule a hearing for Tuesday, June 13, 1995, at 9100 a.m.
Notices will be sent to counsel and the parties.
E. Robert Elioker, II
Divorce Muter
co, Andrew c. Sheely
Attorney for Plaintiff
G. Patrick O'Connor
Attorney for Defendant
.
~.
INCOME AND EXPEN8E STATEMENT OF
, ~'-2 C
~ 1 n, (~J,)..I,_~.lQ.\?_L- ,.,,_H' ,.--------
:1.\1 M'C.ca. ::"\;1.. .<"1'" /:,"' II,;) ''i /
'...w..sU---L=-":f-,_. onN _lAw, ~I...)._ DATE .. -,-.. _____:1-
THII IITATEMINT MUIT IE FILLED OUT
III you.re """,""ployed or II ~ou.re ,,'I,led by I bUI'nelll 01 which you o,e owner In whole or In pllt, you mU61
..~ou, Ih. lu ppllm.nl,llneom. "11,m,nl which Ippearl on Ihe IBI' poge 01 Ihll Ineoml .nd E"p,nll
'oi"~~~' n '~'I ..~' '"
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(, '. " " ~f".~ t'., ..
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ry ,," " " ,
, ~:m...I' "I~
tl on '0, 1
---
PlY H (weekIY,Il1:~, onlly) .1 'l,Io.H ~:T0','i.','.-_
~~~~:li~~~~~~:~:e'lod ........""..,..,..,...."....,........,....,'...........,...... ........"".............""",...."..."",..... ~~ ~~
Federel Withholding ..,..,.............-..-!.!'.~ ,(J_~ ,_......,
Boelel Security ......,"',..,......"".oJ~_-..J."',,':lJ--
Loell Wlge Tn. ....,..,..............~,:,.__.._,_...~L.~.L__
Sllte'ncome To. "........,......,....,$..... .L~,iJ... -
Rellroment ......,............,..........,..,$,-,-" _::...!!,..::' -..~_..-
Hellth Inlurance ,..""",....,..,..""$,___,L;,,Q:;'..._
Other (Ipeclfy) ,......,..,..,......"......$... I ." rl L.\~.!l c (. ",-.
___.__.____ ""''''''''''H'''''''''S___._.,.__!_~ ~ q I'., _9(t 1.
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.~-------- .....,....,..".........,.~--------
(b) Olher Income Week
Inle/ell/Dlvldendl ..""" ,,,,,,..,,, ...$ ______
flenelonlAnnulty..,..,..............,.>I..
Soclll Security ....,......,....".........._
,,\ \"": R.n\llRoy.lllu..................,....;.. '.lJiJ., ,
EMpen.. AlJcount ..,..."...."..........
,,' QIIII ..,. .
. ..."............,.....".u......."""....
..
Month
.---- .
$------ .
. ~, .
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$ , ""'~'''-' .
$ ..
S ___..____ ,\ .
$... --,- .
Ve.r
.1 If ,I
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Un.mpleyment Compenenllon ,s..__......_~__,__,
Wc>;kmen'l CompenllUon ........$.._ ....,. u _,_..__.._.
kTolll, Olhe,lncofl1o ........"",,,......'$_n__'_ _. .,.....__, $._,---,-
>I',j..t., .l,,.,..~_ ~ \J....,-;t..~it ~ ;':J \Jc.L., .1,1 -iI. .,(\.....l~.j. [f(I.I.3 4..
INCOME AND E.PEN5E STATEMENT OF
'./. $
, ..
'YI,lly Ihl' tho .lllom.nl. ",a~.ln Ihl. Incom. an~ E.pa".o 6101.,
,"ltn' Ir. true Ind r.mrec:t. I undl)t1slan1j that 1.11IiI '1IIIttmllnl& he,eln
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Jilalnllll or oiraiiiliiil
ORO ~405
EXPENSES
Hom.
Mortglgl/Aent """'" "'I""'"1"H"I''''lltI''''
Main lenance "",,'1""" ""."'HII 'I''''''IHI'''I'
Ulllltles (lelephone, h..llnD
eleclrlo, etc.) 11,""111'"'''11".,,1111111'''''"1'1
Employmenl (I'lneporllUon.
lunah..) 1'111" .,."," " ,," II """1 11.11'"", "....
TI~es
R..I EI'I'e ......1.11........."..'''.,....."."...,.,..
Personal Property .......""",".....''''1111''''''
Inoorne """"'1 I... "1""'" .., """,, """''''''11''''
InlUJlnel
Homeowners """"""'1"""'" ,...., """,'1'" II
Automobile ",'."..>1...'.,.11111>'"''''.....,,,,,.....
lJ!!IAocldentlH!!.!J!1 ..,......""..,.......,......
Other IUIIIIIIIIN'I'I'"II""""""" ""'01""""""
'~, 1\' ..
Aulomoblle (plymenl.. fuel,
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Mldlcl'
OOCIOl, Oenll.l, Orthodcnll.t...,............
Hosplt.1 "".....".....'.".11'"...'..,............,...,.
Splclal (glalll., brlcls, elo,) ............,..
Educlllon
Prlvlte, Parochial School.......................
College ,.."........,,,,.,,,.,,.....,...., ..........".,,,,,
P,reonal
Clothing ....,:"".11'.'.'.,.,...., ....... ..., ....,.....,..
Food ,,,,,,,,,,........,,,,.....................,,........,,,,
Other I,hcu.ehold eupplles.
barber, etc,) ..............."""......."......,.....
Credit payments and loan. .............'......
Mlecellaneous
Household help/ohlld oare ..............,..'... $
Entertainment (lno. papers,
bocks, vacallon, pay TV, etc,) ............ $
Ollls/Charllabl. conlrlbullons ......"...... $
Legal Feos .....................,.............."......... .
Othe, child support/alimony
payments .........................'....11""......... S
Other (specify) ..........'.,'..........,...........,....,..... .
Total Expenses ..................",........"".,......,... .
11'1'
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II
I,OinA II. COOK,
Plaintiff/Petitioner
IN 'I'IIP. COUll'" Ol" COm>\ON PJ,Ma Of'
CUMnl':nJ,Mm COUN'."', PP.NNSYJNANIA
VA.
(' I V", Ill"") ON - I.IIW
Ml'lllVYN II. COOK,
Ue f enc1Rnt/IloApondont
NO. ~'j Iii CIVil, I ~19~
IN IlIV()IICI~
!!!!,!Nl>AN'f'a I'RB-1'" I^" S'IWl'IlMllN'l'
Mervyn cook, by llnd throllgh eO'"'R") of <1. Plltrlok
O'Connor, F:sq., hereby fileR this Pro-trllll statement
purSuAnt to Pa. n.c. P. lnO. 33 and respectfully states alS
folloWlI1
Background Information
Defendant Mervyn Cook and PlAintiff I.lndA Cook Were
~ormAllv married on IIprlL l6, 199~ And they ~epArated on or
about Ju 1 y 20, 19H. They hlld 11 ved together prLOI:' to the
formaL marriage sLnee At LeAst 1983. Ilur.ln'l their. yellr.s
together theLr funds wore lntermlngLod on II regulAr basis,
IInc1 thore was some holding out by the pllrtles AS n married
couple from the beginning of the relatLonshlp, ar.guably to
the extent to constitute A common-law marriage.
During about 1985, Mervyn Cook recolvod npproxlmately
$120,000 AS the result of n pnrAonnl Injury settlement.
OurLng th/lt yenr. Mer.vln Cook purchnAec1 frolll Crnlg D.
Hamilton, former Apouse of Llnd/l IH/lmllton) Cook. Cr/llg
Hamilton I s ten/lncy In common for the rea I property at 620
W/lyne Drive, Mechanlcsburg, Pn. Roth Linda and Mervyn Cook
had access Rnd UAe of the $120,000 In funds, nnd both
partleB usod th"se funds for VArious purposes, Includlnt) the
IIcqu I s I, tlon of househ<Jld And personAL Items.
Mervyn Cooll holloves thnt, vlrtllAlly IIll of the
housohold oontents At the tlmp. of sopllrnt\on of the ooupLe
were purohAsed from tha funds thnt he provided from the
perRonll L I n,lury sott lamont. 'l'h<1 mn .lod ty of tho ellpensos
relating to th" reAL estAte, inclUding mortgngll pAymllnts and
malntenllnce And up-keep of U" property were olso provided
trom this poraonnl injury nwnrd.
MIlrvyn Cook belll~ves thnt h,' Cll1n provido r1ocumentntion
of the uae of his personnl Injury funda for Il majority of
renl property ellpenSQS, an well as for virtually all of the
cont<llntR of the houRe. Itowovel:, I,lnda cook hos made
documentation Imposnibl~ by removing oil financLlIl records
from the house during 1\ recently hOBpltall7.l\tLon of Mervyn
Cook. 'l'hese includes 1\ 11 persono 1 bank occounts and records
ot Mervyn cook up to the date of Ropl\ration.
Mervyn Cook Is a 100% disabled combat veteran. Ilis
sole income Is $1,825 per month received in government
disability benefits (pillS $105 per month for II spouse), lie
hilS been dingnosed os hnvlng Post-Trnmatlc Stress Syndrome,
And suffern from chronic deprennion and stress. lIis is
presently under the care of a V.A. psychiatrist as an
out-patlent. fie munt t.lke the following rnodlcatlons nallYI
Ketoprofen, Divalproex, Clona7.epam, Zolpldem, l~llapine,
llydroxy7.lne and Multlvl,tarnllls.
Plaintiff Linda Cook Is employed and declared gross
wages of $33,5~7 tor 199~ n~d $33,977 ror 1993 on federal
I
lnoome till! forms. IIln l')94 gross income was $29,629. After
deduotlOJIS, her ~et tllko-homo Willi $23,020. Mervyn Cook'"
1994 disabillty pilyments wero $2I.,2111l. 110 /llIIO reooived
$1,~60 l~ SPOU9111 bonefltH.
1. ~lst of Asaets
-
A. Ileal '~statol
Property lit 620 Wayne OrivD, Mochanicsburg, PA,
Probablo Markot Value,..... ,... ....,.$94,000
r,es/.l ApproxlmBtll MortcJ;I<Jo............ 24,000
l,eslI I':stlmated 6,110n I~xpenne......,.. 6,754
Net Proceoda I':xpected from Sale..".,$63,24~
(Sea f:xhlblt H)
Pesired aiSpolliUonr GO'/, to lIusband.. .40"/' to Wife
Basis for Diapoaitlonl
Assuming It in non-mnrltnl property, greater contri-
bution by huaband to nmrtgago find maintenance,
If it is lnoldtoll property, lIusb'lnd has 'lreater future neads
due to illnoaa and loaner Darning potential.
B. Cllsh & B~nk Accounta (Marital Property) r
l. $650 In Cash 'l'lIken by J,lndll Cook
2. Contents of Joint Checking Account (value unknown
by Pofendllnt) Taken by Wife,
Pesired Pisponltlonr 60'~ to lIusband.. ,40'/, to Wife
Basis for Dlsposltlonl IllJsbilnd has qreat.er futur.e needs
due to illnes8 and lesser oarnlng potential.
C. Automobllel
1. 1987 Monte Carlo l~ possession of wife
(F.M, Value $2,500)
D. Household & Personal Itomsl
1. GII rden I ng '1'00 l s
2. Flower Pots
3. Older [,lIwn Mover
4 . Blender
5. Mixer
G. Or.lddllt
8. M1Klng BowlN
9. Cake and Ple Pana
lO. PlahWRahllr
ll. Plning Room Sulte
12. I,lving Room 1.lImpa
LJ. Bedroom I.amp in pOlSBeulon a~ Linda caok
l4. Cordlesa Tclephone
15. I. l v I, ng ROQm f:nd & CQffee 'l'able"
16. Pry Sink
17. Drop I,eaf '['able
lB. Plcl:ureR & Nlc-NacH In r,lvlng Jloom
(Other than HURty & ^"l!!n)
19. Picturcs & Wall ,PecoraUons in Hall & lledraotnll
20. Bookshelf from Small Bedroom
21. Curtl,ns throughout House
22. OUilts/Blankets/Comforters/Sheets/Misc. Bedding
23. nedroom Suite from Small Bedroom
24. Basement Shelves & Garago Shelves
2~. Christmas Docorations & ContontR of Basement BOKes
26. Jlug Shampooer
27. Grandmother's Rocking Chair
:8. naaemont Furniture includingl
I a) I,ove Beat
(b) Sofa
lc) Sofa Bed
ld) Chair
(I) Senah
( f) 'l'able "limp
(\I) Desk
~9. Nordlc Trak (In J,lnda Cook's P?aaeaalon)
30. SOKea of Mlsc. PlcturQs, Nlc-naoa, Planta, Toya
& Books now ll1 Llnd/l Cook's 1'0asQsslon
31. Beddlng & Comforters & 'l'oolB now In ',lndft Cook's
Posseslllol1
32. HlInd '1'001 a othQr thlln Garden Ln\l "'001.
33. Gas Grlll
34. Newer Lawn Mower
35. MLcrowave
36. Washer & Dryer
37. Bed frame f.rom Mervyn Cook's prevlQU' marrlaq8
38. DehumldifLer
39. Refrlgerator
40. SewLng MachlnQ
41. CD Player (glvel1 to Mervyn liB Glft from Son)
42. 'l'V /VCR
43. Wheelbarrow
44. Items on Shelves In Garage
4!L Corn Plant
46. Non-matchlng I,amp Ln I,lnda's Bedroom
47. Plctllres of. Rusty & Allen
48. flet of 4 1,llwn Chalrs
49. fledge 'l'rlmmcr
2) he be provided by ~indft Cook with 60\ of the oash
and joint checking acoount taken by he~,
31 Linda cook be p~ovided with Household & PersonaL
Items numbered from 1 to 31, inc1usivIJ, ItS llsted above,
plus the automobile pu~chftsed through ft Belco loan, and that
he be p~ovl.ded with HOUSE'hold & Personal Items numbered trom
32 to 49, inclusive, and Item .55 as lLsted above,
that Ll.nda Cook be p~ovided with the bedroom set of her
ohoice from items listed as numbers 50 and 51 above, and
that he be provided with the other set not chosen by her;
that Linda Cook be p~ovided with all but two sets of
bedding from each category of bedding listed in item number
52 above, with Mervyn Cook being permitted to choose two
quilts, two bldnkets, two comforters, two sheets and two
pillow cases,
that Linda Cook and Mervyn Cook each be provided with
one vacuum cleaner 613 appears in item number 53 above,
thst Linda Cook be provided with all kitchenware
desribed in item number 54 above, with the exception that
Mervyn cook shall be permitted to select several items from
each of the following categories! pots, pans, dishes,
glasses, cups, knives, fo~ks, spoons, and cooking utensils,
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II
eXHIl?JI'i C-
I I
,
J
,
LINDA R. COOK,
Plaintift/p.tition.~
va.
IN THE COURT OF COMMON PLEAS OF
CUNBI!:R~ND COUN'l'Y, PENNBYl,vANIA
CIVIL AC'l'ION - IJ\W
NO. 4536 CIVIL 1994
IN PIVOHcl':
NERVYN A. COOK,
Detendant/Respondent
Q.B/lER. OF COllli'r
AND NOW, this
day of August 1995, following an
hearing upon Petitioner1s Request to compel Respondent to trana-
fer the marital residence to Petitioner in accordanoe with a
Msrital Separation and Property Settlemont Agroement, it is
hereby it is hereby ORDERED AND DI':CHEHO as follows!
1. Respondent shall fully comply with the Marital separation
and Property Settlement Agreement dated June 13, 1995 and convey
legal title ot the marital reaidonce to the Petitioner by deed in
acoordance with the terms of the Marital Separation and Property
Settlement Ag~eementl
2. Respondent is in contempt of and has breached the Marital
Separation and Property Settloment Agrooment dated June 13, 1995,
as incorporated in the Decree in Divorce dated August 4, 1995/
3. Respondent is hereby directed to pay Petitioner for her
attorney fees, settlement coats and expenses in an amount ot five
hundred ($500.00) dollars.
BY THE cOUR'r,
J.
,.,
,
,I
,
,
T
VI.
IN THE COURT OF CONHON PLEAS OF
CUMBER~ND COUNTY, PENNSYLVANIA
CIVIL AC'l'ION - r..AW
LINDA R. COOK,
Plaintiff/Petitioner
MERVYN A. COOl<,
Defendant/Respondent
NO. 4536 CIVIL 1994
IN 01 VORCE
PETITION TO ENFORCEJlARI'rAlLMJU;IDIEN'l' AND FOR CON'rEMPT
Linda R. Cook, Plaintiff, by and through her attorney,
Andrew c. sheely, ~squire, files this Petition to ~nforoe a
Marital separation and Property Settlement Agreement which wae
incorporated but not merged in an Ordor as a Decree in Divoroe
dated August 4, 1995 and for contempt pursuant to 23 Pa. C.S.A.
83105, and in support thereof states as followSI
1. Petitioner is Linda R. Cook, Pleintiff in the above-
oaptioned divorce action.
2. Respondent is Mervyn A. Cook, Defendant in the above-
captioned divorce action.
3. Petitioner and Respondent entered into a Marital Sep-
aration and Property Settlement Agreement dated June 13, 1995. A
copy of the Agreement J.s attached hereto as Exhibit IIA".
4. On August 4, 1995, the Honorable J. Wesley Oler, Jr.
entered a Decree in Divorce which incorporated tho Marital
separation and Property Settlement Agreemont but not did not
merge such into the Divorce Decree. A copy ot tho llooree in
Divorce is attached hereto as Exhibit IIHII.
~
,
,I
,
,
5. Paragraph 6 of the Marital Separation and Property
Settlement Agreement states as followSI
"6. REAL ESTA'1'E
Husband agrees to transfer his right, title and
interest in and to the parcel ot real estate with improve-
ments thereon situate at 620 Wayne Drive, Meohanicuburg,
Upper Allen Township, Pennsylvania, and presently owned by
the parties as tenants in common, more specifioally desorib-
ed in the deed attached hereto os Exhibit "All, to Wi fe and
to sign all documents necessary to effect said transfer of
the title to the real estate to her name individually. Both
parties aoknowledge that no other encumbrances, liens,
judgments or other liabilities are presently recorded
against the real estate and improvements with the exception
of a mortgage in favor of Harris Savings Bank.
As a result of the af.oresaid conveyance, Wife
shall pay Husband an amount of Thirty-TWo Thousand Dollars
($32,000.00). The amount shall be made payable to Husband
and Husband's attorney, per instructions of Husband.
Furthermore, Wife agrees to satisfY the existing mortgage
with Harris Savings Bank through refinancing or any other
method of payment within Ninety (90) days from the date of
this Agreement. Husband and Wife agree that the documents
necessary to transfer title from Husband and Wife to Wife to
2
"
I
the real .state shall be signed simultaneously with the
transfer of titlu and payment ot th~ atorementioned amount
ot Thirty-Two Thousand Dollars ($32,000.00) to Husband.
In the event Wife is unable to obtain tinanoing or
other method of paymant to satisfy the existing mortqage
within ninety (90) days from the data of this Agreement,
Husband and Wite agree that the previous provisions of this
paragraph shaLl become null and void and that the real
estate shall be immediately listed for sale. The parties
further agJ:'ee that all proceods from the sale of the marital
residenoe, if necessary, shall be equally divided after
payment of all necessary exponses associated with sale and
transfer of the marital residence.
Husband and Wife agree that Husband shall assume
and pay all mortgage payments on the marital residenoe and
assume costs and utility expenses associated with maintain-
ing the marital residence until Wife is conveyed the proper-
ty as set forth above.
Husband and Wife further agree that they shall
each assume liability for his or her respective share of any
capital gains taxes which may be assessed hereafter as the
result of a sale of the above described real estate, and it
is further agreed between the parties that they shall
satisfy their respeotive liabilities, at their respective
3
,I
I
option., by qualifying for an exemption o~ by paying any
taxes due."
6. On June 13, 1995, Respondent signed a letter Wherein he
advised Harris Savings Bank that he intended to convey his
interest in the r.eal estate located at 620 Wayne Drive, Meohanic-
.burg, Cumberland County, Pennsylvania when she completed her
finanoing. A copy of the letter is attached hereto as Exhibit
"C".
7. On or about July 19, 1995, Petitioner was appr~ved for a
mortgage in the amount of $32,000.00 from Harris Savings Bank,
oonditioned upon a new deed to be placed in her name alone.
8. On or about August 14, 1995, staff of counsel for Petiti-
oner oontaoted counsel for Respondent, G. Patrick O'Connor and
oonfirmed a tentative sottlement prior to tho end of August,
1995.
9. During the telephone conversation with counsel for
Defendant, staff of counsel was advised that Respondent had
rented an apartment for the beginning of September, 1995.
10. Thereafter, on August 23, 1995, staff for Petitioner's
oounsel contacted counsel for Respondent and confirmed settlement
for August 31, 1995 at 1100 p.m. in Shiremanstown, Pennsylvania.
11. Thereafter, counsel for Petitioner was advised by
oounsel for Respondent that Respondent did not have a residence
to move to in light of his failure to obtain an apartment.
4
J
,
12. on AU9U.t 24, 199~, a letter was di~ected to ooun.el tor
Re.pol,dent oontiJ:'miog that a oonterenoe hall been soheduled to
take place at 1'00 p.m. on August 31, 1995 to comply with the
MaJ:'ital Property and Settlemont Agreement.
13. On August 29, 1995, oounsel for Respondent advised
oounsel tor Petitioner that Defendant would not attend settlement
00 August 31, 1995 and could not be out of the marital residenoe
pJ:'ior to September 10/ 1995.
14. Petitioner has the funds necessary to comply with the
marital agreement and has secured funds necessary to refinanoe
the current loan on the marital residence.
15. Petitioner is fully prepared to comply with the Marital
Property and Settlement Agreement.
16. Petitioner will incur substantial costs associated with
settlement oosts in the event the settlement does not oocur on
August 31, 1995.
17. Petitioner has advised Respondent that he may remain in
the marital residence for a period not to exceed ten (10) days
after settlement while he is looking for an apartment.
18. Respondent is in breach of the Marital Property and
Settlement Agrel9mel,t and in contempt of the Court' B Divorce
Decree.
19. Plaintiff is entitled to sanctions, attorney fees and
oosts of the within Petition in aocordance with 23 Pa.C.s.A.
5
'3l0~ and in accordanoe with the Marital Agreement.
20. Plaintiff has inourred sUbstantial attorney tees, co.t.,
loss ot time, additional other oosts associated with Petendant's
refusal to attend settlement as requested by Petitioner, all in
exoess of Five hundred doll~rs ($500.00).
WHEREFORE, Petitioner, Linda R. cook, respect tully requests
that this Honorable Court enter an Orderl
1. directing Respondent to attend settlement and transfer
his interest in the marital residence to Petitioner in aooordanoe
with the martial agreement on August 31, 1995,
2. direoting Respondent to pay an amount of $500.00 to
Petitioner tor reasonable attorney fees, settlement costs and
expenses incurred in pursuit of the instant petition for oontempt
and for breach ot the terms of the Marital Prop~rty and Settle-
ment Agreement,
3. directing Respondent to vac~te the marital residenoe on
the date of settlement, leaving the marital residence in good
oondition, and
4. any other relief the Court deems equitable and just.
Respectfully sUbmitted,
J )',
~ ,ell,ILL' (,' l,it
An rew c. Sheely, quire
Pa ID *62469
1 West Main street
Shiremanstown, PA 17011
(717) 737-8761
6
,
MARITAL BEP~RATION AMp PROPERTY SETTLEMENT AGREEMENT
/3"'"
THIS AGREEMENT, made this day of June, 1996,
by and between Linda R. Cook, party of the tirst part, herein-
atter referred to as "Wife", and Mervyn A. Cook, 11arty of the
seoond part, hereinatter referrod to as "Husband".
WI'l'NESSE'l'H I
WHEREAS, the parti~s hereto are husband and wite,
having been marriad on April 16, 1994, and
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separnted or n~w
live separate and apart trom one another, or contemplate living
separate and apart from one another, and the parties hereto are
desirous ot settling fully and finally their respective financial
and property rights and obligations aB between each other
including, without limitation by specificationl the settling ot
all matters between them relating to the ownership and equitable
distribution ot real and personal property I tho settling of all
matters between them relating to the past, present and future
support, alimony and/or maintenance of Wife by Husband or of
Husband by Wife; and in general, the settling of any and all
claims and possible claims by one against the other or against
their respective estates.
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
EXHIBll ~"
.
marital status, partioularly with reapeot to the relevant seo-
tions of thQ Divoroe Code or 1980, ~pril 2, 1980, P.L. 63, ~ot
No. 26, as amended, and being tully aware of their right to
oonsult with or having consulted with their respective legal
oounsel or advisors, namsly Andrew c. Sheely, Esquire, Attorney
for Wife, and G. Patrick o'connor, Esquire, Attorney for Husband,
and having had the opportunity and ability to request a full and
oomplete disclosure of inoome and assets from the other, and
r.viewing this Agreement, have coma to an ag~ecment as to each
and all or their said matters ot property and relations I and
WHEREAS, Wife has filed a No-fault Complaint in Divor-
ce, said complaint being docketed in the cumberland county
Prothonotary's Office at No. 94 - 4536.
NOW, THEREFORE, ill consideration of the above reoitals
and the mlltual covenants het'einafter set forth, each ot the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
1. SEPARATI.QH
It shall be lawful for each party at all times
hereafter to live separate and apart from each other in suoh
plaoe or places as he or she may from time to time choose or deem
tit.
2
a. INTERFERENCE
Each party shall be free from interference, authority
and oontrol, direct or indirect, by the other as fully as if he
or .he were single and unmarried. Neither shall molest the other
or oompel or endeavor to comp~l the other to cohabitate or dwell
with him or her, or to in any way harass or malign the other.
3. WAIVER OF ClAIMS AGAINST ES'l'A'l'ES
Except as otherwise provided herein, Husband relin-
quishes his inchoate intestate right and his right to act as a
pereonal repre~entative in the e~tate of Wife, and Wife relin-
quishes her inchoate intestate right and her right to act as a
personal representative in the estate of Husband. Each of the
parties hereto by their pr~sents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
release, quit-claim and forever discharge the other party hereto,
his or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actiono, causes ot
aotions, suits, at law or equity, of whatsoever kind or nature,
for or because of any matter or thing omitted or suffered to be
done by said other party prior to and inclUding the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affeot
3
any cau.. of action in ablolute divoroe which either party may
have aqain.t eaoh other.
4. ~RITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have aoquired, individually or jointly, various
asset. and property. The parties further acknowledge thst they
own the marital residence located at 620 Wayne Drive, Mechanics-
burg, Pennsylvania as tenants in common having each acquired a
one-half interest in the property prior to their marriage.
Husband al1d Wife acknowledge that they arfll aware ot their
respeotive rights pursuant to the Divorce Code ot 1980, as
amended, to obtain tormal valuations or appraisals of the marital
residence, ISnd other items of marital property. However, the
parties agree that they will not undertake this expense and
aoknowledge that no financial disclosures are attached to this
agreement as separate exhibits or schedules. The parties hereby
waive any necessity for completing or attaching any financial
dioclosure(s). Each party further acknowledges the opportunity to
attach a full and complete financial disclosure and that such
disolosure is not required to effectuate a fair and equitable
resolution of their marital rights, duties and obligations as
provided in the Divorce Code of 1980, as amended.
4
5. ElWtQNAL PROPERTY
Husband and Wife agree that Husband shall be entitled to the
tollowing items of personal property in addition to those items
pre..ntly in hi. possession and that Wife shall return the.e
it.m. within .even (7) days ot this Agreementl
(a) Diamond ringr
(b) New Sears lawnmowerr
(0) Cordless sorewdriver, wrench set and needle~nose pliers,
(d) rerrig~rator (presently in marital residence),
(e) an amount ot $225.00 which constitutes a division of the
1994 income tax refund
Husband and Wife agree that Wife shall be entitled to the
tollowing items ot personal property in addition to those items
presently in her possession and that Husband shall return these
items to Wite within seven (7) days of the date of this Agree-
mentl
(a) dining room table and chairs in the basement of the
marital residenoer
(b) all person,l photographs,
(0) old lawnmowerr
(d) Nintendo trophies and yearbook, to the extent such are
subsequently discovered or whereabouts identified by Husband, and
5
(e) any other family photographs, including piotures of
Wite'. children and grandohildren, excluding only photographs
whioh include Husband and/or his son, Allen, to be returned to
wite within fourteen (14) days ot the ~igning of this Agreement.
Furthermore, the parties hereto mutually agree that they
have effeoted a satisfactory division ot the furn,iture, household
furnishings, applianoes and other household personal property
between them, and they mutually agree that each party shall from
and after the date hereot be the sole and separate owner of all
such tangible personal property presently in his or her posses-
sion, whether said property is heretotore owned jointly or
individually by the parties hereto, and this Agreement shall have
the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual posses-
sions of each of the parties hereto.
The parties hereto have divided between themselves, to
their mutual satisfaction, all items of tangible and intangible
marital and non-marital property. Neithor party shall make any
claim to any such items of marital property or non-marital
property, or of the separate personal property of either party,
which are now in the possession and/or under the control of the
other.
6
From and atter the date thie Agreement both partie.
.hall have uomplete treedom of dieposition aa to their eeparate
pereonal property whioh is in their possession or oontrol pur-
euant to this Agreement and may mortgage/ sell, grant, oonvey or
otherwise enoumber or dispose ot such personal property, whether
.uoh persQnal property was aoquired betore, during or atter
marriage, and neither Husband nor Wife need join in, oonsent tOt
or aoknowledge any deed, mortgage, or other instrument at the
other pertaining to such dispo~ition ot personal property.
6. REAL ESTATE
Husband agrees to transfer his right, title and inter-
est in and to the parcel at real estate with improvements thereon
situate at 620 Wayne Drive, Mechanicsburg, Upper Allen Township,
pennsylvania, and presently owned by the parties as tenants in
oommon/ more speoifically desGribed ill the deed attached hereto
as Exhibit "A", to Wite and to sign all documents necessary to
eftect said transfer of the title to the real estate to her name
individually. Both parties acknowledge that no other encum-
brances, liens, judgments or other liabilities are presently
recorded against the real estate and improvements with the
exoeption of a mortgage in favor of Harris Savings Bank.
As a result of the aforesaid conveyance, Wife shall pay
Husband an amount of Thirty-Two Thousand Dollars ($32/000.00).
7
The amount .hall be made payable to Husband and Husband'. attor-
ney, per inetruotions of Husband. Furthermore, Wife agree. to
satiety the existing mortgage with Harris Savings Bank through
refinanoing or any other method ot payment within Ninety (90)
day. from the date of this Agreement. Husband and Wife agree
that the documents neoessary to transfer title trom Husband and
Wife to wite to the real estate shall be signed simultaneously
with the transfer of title and payment at the aforementioned
amount of Thirty-Two Thousand Dollars ($32/000.00) to Husband.
In the event Wife is unable to obtain financing or
other method ot payment to satisfy the existing mortgage within
ninety (90) days from the date of this Agreement, Husband and
Wife agree that the previous provisions of this paragraph shall
beoome null and void and that the real estate shall be immedi-
ately listed for sale. The parties further agree that all
prooeeds from the sale of the marital residence, if necessary/
shall be equally divided after payment of all necessary expenses
assooiated with sale and transfer of the marital residence.
Husband and Wife agree that Husband shall assume and
pay all mortgage payments on the marital residence and assume
oosts and utility expenses associated with maintaining the
marital residence until Wife is conveyed the property as set
forth above.
8
Huaband and wite further agree that they shall each
a..um. liability tor his or her respeotive .hare ot any oapital
\lain. tax.. whioh may be assessed hereafter as the resuJ.t of a
.ale of the above desoribert real estate/ and it is turther agreed
between the parties that they shall satisty their respective
liabilities, at their respective options, by qualifying for an
exemption or by paying any taxes due.
7. MOTOR VEHICUS
The parties hereto agree that Wife shall be entitled to
have the sole and exolusive control, benefit, use and title of
the 1986 Chevrolet Monte Carlo whioh is Wife's non-marital
property.
8. MISCELLAMEO~
(A) The parties hereto aoknowledgo and agree that any
and all savings and Checking accounts, as well as certifioates of
deposit, owned by them jointly or singly, have been divided to
their mutual and individual satisfaction.
(B) Neither party hereto shall make a claim upon the
other tor accumulated pension, prof i t.'sharing, retin:ment sup-
port/ retirement benefits, insurance policies, IRA's/ or any
retirement-related benefits.
(C) The parties hereto acknowledge and agree that any
and all life insurance policies owned by them jointly or singly
9
have b..n divided to their mutual and individual .atistaotion.
I.oh party hereto aoknowledges that they have in their .01.
po..e..ion those polioy or polioies ot lite insurance which they
intend to keep and retain as their sole and exolusive property
and, turther, each party shall have the right to designate the
bonefioiaries of said polioies.
(D) The division of existing marital property is not,
exoept as otherwise expressly provided herein, intended by the
parties to oonstitute in any way/ a sale or exchange of assets
and the division is being affected without the introduotion at
outside funds or other property not constituting a part of the
marital estate. As a part of an equitable division of the
marital properties and the marital settlement herein oontained/
the parties hereto agree to save and hold each other harmless
trom all income taxes assessed against the other resulting from
the division of the property as herein provided.
9. l2E.JITa..OF HUSBAND AND WIFE
The parties hereto agree that any and all obligations
inourred subsequent to the date of separation, said date being
July 20, 1994/ shall be the sole and individual responsibility of
the party incurring the Obligation. In addition, Wife agr.ees to
assume full liability tor certain debts to the HarriSburg DELeo
oredit union.
10
HU.band representa and warranta to Wife that from the
.1qninq at thi. Agreement and in the tuture he will not oontraot
or inour any debt or liability tor which Wife or her estate might
b. re.ponaible and shall indemnity and save harmless Wife from
any and all olaims or demands made against her by reason of debt.
or obligations inourred by him.
Wife represents and warrants to Husband that from the
aigning ot this Agreement alld in the future she will not contract
or inour any debt or liability for which Husband or his estate
might be responsible and shall indemnify and save harmless
Husband from any and all olaims or demands made against him by
reason of debts or ohligations incurred by her.
10. ALIMONY. BU~AINTEtl~
Both parties acknowledge and agree that tho provisiona
ot this Agreement providing for equitable distribution of marital
property are fa.l.r, adequate and satiSfactory to them and are
acoepted by them in lieu of and in full and final satisfaction of
any claims or demands that either may now or hereafter have
against the other for support, maintenance or alimony. Husband
and Wife further, voluntarily and intelligently, waive and
relinquish any right to seek from the other any payment for
aupport, alimony and maintenance and, further, waive and relin-
quish any rights to division of property/ other than provided in
11
, ,
th1. Aqr...ent and, tinally, waive any ri9hts to alimony pendente
lite, oounael fees and court oosts.
Husband and wite both egree that they have been
re.peotively advised and are aware at the oontent~ of the
provieions at the Divorce Code, as amended, in Pennsylvania,
wherein oonsiderations are set torth in determining an
appropriate amount/ if any/ to be paid in the form of alimony.
After being tully adviBed of the oontents of the Divoroe Code, as
amended, both parties volulltarily and intelligently waive Bnd
relinquish Bny right to seek from the other payment for support,
alimony and maintenance.
11. MUTUAL RELEASE
Subject to the provisions of this Agreement, eaoh party
waives his or her right to alimony and further distribution of
property inasmuch as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property
in aooordance with the Divorce Code, as ame.1ded. Subjeot to the
provisions at this Agreement/ each party has released and dis-
oharged and by this Agreement does for himself or herself, and
his or her heirs / legal representatives / executors /
administrators and assigns, release and discharge the other of
and trom all causes of action, claims, rights or demands what-
soever in law or equity, which either of the parties ever had or
.
12
. ,
now ha. aqainlt the other, exoept any or all cause or cau... or
aotion tor divo~oe or exoept in any or all oause. of aotion for
br.ach ot any provisions at this Agreement. Eaoh party alao
waive. their right to request marital oounseling purlluant to
seotion 3302 at the Divorce Code.
12. SUBSE~UENT DIVORCE
A deoree in divorce entered by a oourt of oompetent
jurisdiotion to either party shall not suspend/ supersede or
affeot the terms of this Agreoment. Both parties agree/ if
requested, to enter a Consent Order or Orders concerning the
provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of oompetent
jurisdiotion, as a part of a resolution of any divorce aotioll
filed or to be riled. This Agreement/ and the terms and
oonditions contained herein, as well as the enforcement of said
terms and conditions, shall be contingent upon the signing of an
affidavit ot consent by both parties. Furthermore, both parties
hereto agree/ if requested, to execute the appropriate affidavits
and consents to secure a No-fault Divorce as may be required by
the Divorce Code, as amended. Both parties hereto agree that
this Agreement may be incorporated into a separate Court Order
but shall not merge in such order.
13. ENTIRE AGREEMENT
13
, ,
Thi. A9reement oontains the entire understanding of the
parti.. and there are no representations, warranties, oovenant.
or undertaking~ other than those expressly set forth herein.
Huaband and Wite aoknowledge and agree that the provisions of
this Agreement with respect to th~ distribution and division of
marital and separate property are tair, equitable and
eatisfartory to them based on the length of their marriage and
other relevant factors which have been taken into oonsideration
by the parties. Both parties hereby accept the provisions of
thia Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
olaims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by
any court ot competent juriSdiction pursuant to Section 3502 of
the Divorce Code or any amendments thereto. Husband and Wife
each voluntarily and intelligently waive and relinquish any right
to seek a court ordered determination and distribution of marital
property, but nothing herein contained shall constitute a waiver
by either party of any rights to seek the relief of any court for
the purpose of enforcing the provisions of this Agreement.
14. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effeot
have been tully explained to the parties by their respeotive
14
. .
ooun..l, and each party aoknowledge. that the Agreement i. tair
and equitable, that it i. being entered into voluntarily, with
tutl knowledge of the assets or both partie., And that it i. not
the re.ult of any duress or undue influenoe. The parties
acknowledge that ~h.y have been furnished with all information
relating to the tinanoial atfairs of the other which has been
requested by each of them or by their respeotive counsel.
15. ADDITIONAL INSTRUMENTS
Husband and Wite shall from time to time at the request
or the other, execute/ ackllowledgo and deliver to the other party
any and all further instruments that may be reasonably required
to give full force and effect to the oonditicns of this Agree-
ment.
16. MODIFICATION AND WAIYEH
Any modification or waivur. of any of the provisions of
this Aqreement shall be eftective only if made in writing and
executed with the same formality as this Agreement. The failure
at either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver
ot any subsequent default at the same or similar nature. The
waiver of any term/ condition, clause or provision of this
Agreement shall in no way be deemed or construed as a waiver of
any other term/ condition, clause or provision of this Agreement.
15
. .
17. BREACH
If either party hereto breaohes any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue tor such breaoh, or seek other remedies or
relief as may be available to him or her. Both parties agree and
are aware that non-compliance with any provision ot this Agree-
ment permits either party to pursue appropriate legal remedies,
including sanoticns as sat forth in 2J Pa, C.S.A. ~3t05.
Each party further hereby agrees to save and hold
hal~less the other party from any and all attorneys' fees, costs
and legal expenses and expenses that either may sustain, or inour
or become liable or answerable fort in any way whatsoever, or
shall pay upon, or in consequence oft any default or breach by
the other of any of the terms or provisions of this Agreement by
reason of which either party shall or ehall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
against the other at law or equity or both or in any way what-
soever/ provided that the party who seeks to recover such
attorneys' fees, costs and legal expenses and expenses must first
be sucoessful in whole or in part, before there would be any
liability for attorneys' fees, costs, legal expenses and
16
. ,
, ,
.xp.n.... It i. the .p.cifio aqre.ment and int.nt of the partie.
that a breaohinq or wronqdoinq party shall bear the burd.n and
obligation ot any and all costs and expenses and oounsel fees
incurr.d by the other party in endoavoring to protect and entoroe
hia or her rights under this Agreement.
All remedi~s provided by law and all remedies provided
for in this Agreement tor entoroement of the Agreement shall be
d~8med to be oumulative and the exeroise of one remody shall not
bar or prevent the pursuit ot any oth~r remedy and either party
may eleot to pursue such remedies simultaneously and the exercise
of a remedy one or more times shall not exhaust its use or
prevent further pursuit of such remedy.
18. DESCRIP'lIVE HEADINGS
The descriptive headings used herein are for
oonvenienoe only. They shall not have any effect whatsoever in
determining the rights or obligations of the parties.
19. INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between
the parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
20. APPLICABLE LAW
This Agreement shall be construed under the laws ot the
commonwealth of Pennsylvania. For purpos~s of contract inter-
17
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dAJt,t,r.foi n, 1I0lJAIl
^",'I"lltl'lh\' AT I.AW
UN", Wltttl ~I^'N "'lflili I
HIlIIIII~IAI'I~'IIIWI'I,I'I'.l'Il'Iti\'I.\'AI'I'A 17""
SII' (,) i'l!j~
I' '
September 1~, 199~
r"'.lll'IfIlH~
17171 7117'117'11
IN.,!nll'IIIII
17171 7lI7'WIl'1n
..-
AI'IIIIIIlW", Hlllllll,y
Thomas E. Cheffins
Court Administrator
cumberland county Courthouse
1 Courthouse square
carlial., PA 17013
v/I
REI
Cook va. Cook
No. 94-4536
In Divoroe
Dear Mr. Cheffinsl
This letter follows my filing of a Petition for
Emergenoy/Speoial Relief with your offioe on or about Auguat 30,
1995. This Petition was subsequently forwarded to Judge Oler tor
the purpose of soheduling a hearing.
In light of the present oircumstances, I wish to formally
request that the Petition be withdrawn and that Judge Oler's . Il .'
ohambers be notitied of this request. I am enClosing a copy of r'v (t'
this letter for you to torward to Judge Oler's ohambers. I am
also forwarding a oopy to Attorney O'Connor so that he is aware
that the Petition has boen withdrawn.
In the event a formal document is necessary to withdraw this
Petition, pleaoe contaot me at your most earliest convenience.
At this point, no Order of Court has been issued concerning the
Petition and no documentation has ocourred, to the best of my
knowledge, in the Office of the Prothonotary.
ShoUld you have any questions, please oontaot me.
Very truly yours,
~lv.J (: g~-fJ.-~
ANDREW C. SHEELY
ACS/ob
001 The Honorable Wesley J. Olar, Jr.
Linda R. Cook
G. Patrick o'connor, Esquire
.-
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STl':l'II/1ll D. Kwrz <1nd IIITA 1'. KIIU'rZ/ his wits or UllPor
ALlon 'fownahip, cwnLorlnnd County, pennsylvania, hero-
inllfter called GIVlNTOP.S nnd ~'I\J\'rIr.S 01' Tim l'Il\ST Pl\llT
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ClVIIG 0, lINlILTON and LINDr. 1\. II/IMILTON, his wite or
Cwnp lI11l, CUl1worlund County, Pennsylvania, horoin-
oftor calloe: (JJWI'!'Cr.R ar.d PAll'l'ItR Ot' Tilt 6l:COtlO l'MT
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ALL Tll/IT CJ.:I\TAItl lot of grouncl. sHunto in Upper Allon 'l'OWMhip, county
or CUmborlnnd, l'ennnylvnnis, bounded nnd doscribod nn follows/ to wit,
lIEGINNING ot n point on the 60uth sid" ot a 40 toot ntroot/ at the
corner. of Lot No.7 in tho heJ:'oinattor montionod l'lan of Lotsl thenco
along tho line of oaid Lot No. 1 south 0 dogroon a minutes Wost l31.76
,feet to a ~ointl thonco North a7 dogroos Enst 95.l2 feet to a point on
itho Wost lino of Lat No. ~ in the horoinattor mentiol1od Plan of Lotsl
thence alon\! tho lino of said Lot No.3, North 0 dog roes a minutee East
,126.52 toot to 0 point on tho South side of the 40 feot ntJ:'oet afore-
said, thonco along the Fauth .ido at said streot NOJ:'th a9 ""greoe 52
minutes Wast 95 foot to a point, the pleco of lIr.GINNING.
nEIllG Lot No.5 in the rlnn of Lata at \'Ioyno O. Meyors, Inc, Known fta
tho Rovised Plnl1 of Holiday Crost, whioh I'lon is rocordod in tho cumb-
orland County Rocardor'. IJffico in plan llOOK , Pac"
HAVING 'I'IIE:U:ON tRCCorr.O n stano and Ill\ll11inum ranch type dwe lling known
and numborod un G20 \':oyno Orivo,
'DEING ~'IIr. ~AMr. PRr.~II6CS \\1I1CII Willi,,", E. nncl Ulio E. ".obieon, hie wife
'by Peed datod Juno 9/ 1~72 nnd recorded in the C\ll1I~erland County
Recordor's Offico in Oood llook Q, Volumo 24, Pace lOa7, qrnntod' and
conveyed unto Stophnn D, and Ritn F. Kautz, his 1'1 if 0 , tho GrnntOJ:'R
herein.
UNDER /\NO OUllJECT TO l\ESTRIC'rtONS as contained in prior instrument.
of rocord.
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t'flllt . genorally "",, /ortver de/end t/tt herdll f11,,,vI' ct,.,uribftf
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County of MBIftLAHD ; "---",.r,'n/J88tfnlm tll,. MimI! or nil!! pflrt tllt",,.,,I,
I RobIrtl! . ."~.dohlrebv et....A/27 rN ?.115
Certify the foregoing III ._ ,. ~ r ,.,.,.
CO" ::.~~ PIt. JY::'-
PI..AINTlFF'8
E>cHIBIT
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.
LINDA R. COOK,
Plaintiff/Petitioner
v..
I
I
I
I
I
I
I
IN THe COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 4536 CIVIL 1994
IN DIVORCE
MERVYN A. COOl<.
Defendant/Respondent
ORDER OF COU~T
AND NOW, this
day of November, 1994, following a
h.aring upon Petitioner's Emergency Petition for Special Relief
as to the dissipation of marital property and assets/ it is
hereby ORDERED AND DECREED as follows:
1. Respondent shall provide Petitioner, or her authorized
agent/ with aooess to marital residence at all timesl
2. Respondent is hereby unjoined from further dissipating
any marital assets, including the marital residence and personal
property oontained within the marital residence,
3. Respondent is hereby enjoined from allowing any other
pereon to reside in the martial residence without first contact-
ing Petitioner, or, in the alternative, obtaining written consent
from Petitioner prior to allowing such person to reside in the
marital residenoe,
4. Respondent is hereby directed to provide for or maintain
the marital residence so as not to dissipate or reduce the value
of the marital property pending sale or conveyance of said
property I and
LINDA ft. COOK,
Plaintift/Petitioner
v..
IN THB COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MERVYN A. COOK,
Defendant/Respondent
NO. 4536 CIVIL 1994
IN DIVORCE
~GENCY PETITION FOR SPECIAL RELIEF
Linda R. Cook, Plaintiff, by and through her attorney,
Andrew c. Sheely, Esquire, files this Emergency Petition for
speoial Relief pursuant to Pa. R.C.P. No. 1920.43, and in support
thereot states os followst
1. Petitioner is Lindo R. Cook, Plaintiff in the above-
oaptioned divoroe aotion.
2. Respondent is Mervyn A. Cook, Defendant in the above-
captioned divorce action.
3. Petitioner and Respondent were married on April 16, 1994.
4. During the marriage, Petitioner and Respondent owned and
resided within a residence located at 620 Wayne Drive,
Meohanicsburg, Cumberland County, Pennsylvania.
5. The parties have lived separate and apart sinoe July 20,
1994.
6. On or about November 1/ 1994, Respondent, Mervyn A.
Cook, shot himself with a shotgun in the stomach/l.ower ohest area
while residing at the marital residence.
7. Respondent, Mervyn A. Cook, is pre.ently residing at
the Lebanon V. A. Medioal Center tor lnjurie. related to the
ahooting incident.
8. On or about Novamber 7, 1994/ Petitioner, Linda R.
Cook/ entered the marital residenoe and discovered the marital
r.eid.no, in a state ot dJ,srepair, inoluding, but not limited to
the followingl
a) NumerouB broken windows,
b) Numerous burn holas in the carpeting,
0) Gunshot holes in furniture,
d) A hole in the wall,
e) New locks on the front door,
f) A general state of disrepair and uncleanliness,
9. Petitioner believes and therefore avers that
Respondent's son/ K. Allen Cook, has been residing in the home
without her permission.
10. Petitioner desir.as that the marital residence be sold
and/or that husband purchase wife's interest in the marital
residenQe and/or that wife purchase husband's interest in the
marital residenoe.
11. since November 7/ 1994/ Petitioner has repaired broken
window., installed a new door, installed new locks and made
additional repairs to the marital residence.
2
1:1. Petitioner believes and therefore avers that
Reapondent'a behavior and oonduot in association with himself and
the marital residence are dissipating marital property and per-
manently destroying the marital property by reduoing the value of
aaid property.
WHEREFORE/ Petitioner, Linda R. Cook, respeotfully requests
that this Honorable Court enter an Orderl
1. directing Respondent to provide Petitioller, or her
authorized agent/ with access to marital residence at all times,
2. enjoining Respondent from further dissipating any marital
assets/ including the marital residence and personal property
oontained within the marital residence,
3. onjoining Respondent from allowing any other person to
reside in the martial residence without first contacting
Petitioner, or, in the alternative, obtaining written consent
from Petitioner prior to allowing such person to reside in the
marital residence,
4. directing Respondent to provide for or maintain the
marital residenoe so as not to dissipate or reduce the value of
the marital property pending sale or conveyance of said
property,
5. directing Respondent to pay for the costs inourred by
Petitioner to maintain and/or restore the value of the marital
residenoe, and
3
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IV I. I, I,,'
LINDA R. OOOK, I
Plaintiff I
I
for her.elf and on behalf of I
her ohild I
I
vs. I
I
MJ.l.:RVYN A. COOK, I
De fendant I
IN THE OOURT OF COKMON PLJ.l.:AS OF
OUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 4536 CIVIL 1994
PIW'l'EC'l'ION FROM ABUBE
T.MPORARY PROT.OrtVI ORDER
AND NOW, this
( (I r--
day of
AJ lIl.} UtA",- __ /
1994/
at
/ _.m., upon presentation and considoration of
~h. within Petition, and upon finding that the Petitioner, Linda
R. Cook, And her child, Kirstin Ray HAmilton/ residing at 3920
Gettysburg Road, camp Hill, cumberland county, Pennsylvania, are
in immediate and present danger of abuse from the Respondent/
Mervyn A. Cook, the following Temporary Order of Court is
entered.
The Respondent, Mervyn A. Cook, who resides at 620 Wayne
Drive, Mechanicsburg, Cumberland County, Pennsylvania, and who is
presently hospitalized in the Lebanon V.A. Medical Center, is
hereby enjoined from physically abusing or harassing the
Petitioner, Linda R. Cook, and her child, Kirstin Ray Hamilton,
or placing her/them in fear of abuse and is ordered to stay away
from their residence located at 3920 Gettysburg Road, Camp Hill,
Cumberland County, Pennsylvania, the residence where Petitioner
lives and which is not owned by the Respondent.
The Respondent i. ordered to refrain f~om having any oontaot
with th~ Petitioner, inoluding, but not limited tOt telephone
oalls to the Petitiuner's residenoe and restraining the Respon-
dent from entering the place ot her employment or business of the
Petitioner and from h~rBssing Petitioner, the Pqtitioner's rela-
tives or Rirstin Ray Hamilton.
This Order shall remain in effect until a final order is
entered in this oase. A hearing shall be held on this matter on
the 1.\1 ~ day of JJrlt~ 1994, at '~()O V44., in
Courtroom No. ~/ Cumberland county Courthouse, Carlisle,
Pennsylvania.
The Upper Allen Township and the Lower Allen Township Polioe
Departments shall be provided with a copy of this Order of Court
by the Attorney for Petitioner. This Order of Court shall be
enforced by any law enforcement agency or officer where a
violation occurs by arrest for indirect criminal contempt without
warrant upon probable cause that this Order of Court has been
violated, whether or not the violation is committed in the
presence of the police officer. In the event that an arrest is
made under this section, the Respondent shall not be taken to
jail but shall be taken without unnecessary delay before the
Court which issued the Order.
?
incident at the marital residence looated at 620 Wayne Drive,
Meohanioaburg, PennsYlvania.
6. Thereatter, Respondent waa taken to the Milton s.
Herahey Medil1al center/ in serious, but stable oondition and was
aublequently taken to the Lebanon V.A. Medioal Center for
treatment of various matters/ inoluding the gunshot wound.
7. Immediately after the shooting inoident, Respondent,
Mervyn A. Cook, advieed Petitioner that he intended to oQmmit
suioide.
8. Respondent/ Mervyn A. Cook, prior to this shooting
inoident, oontinually telephoned Petitioner, Linda R. cook, at
all times sinoe August of 1994.
9. Petitioner is uncertain as to the cause of the shooting
incident, but is afraid at the physical behavior of Respondent/
Mervyn A. Cook, and believes that she and her daughter will be in
immediate and present danger of further abuse and harassment from
Respondent, Morvyn A. Cook, once ha is released from the Lebanon
V.A. Medical Center.
10. While reoiding in the marital residence, the Respon-
dent/ Mervyn A. Cook, has caused the marital residence to become
in a general state of disrepair.
11. Respondent, Mervyn A. Cook, has been previously
diagnosed as SUffering from Post-Traumatic stress Disorder and i.
presently under medication as a result at said Disorder.
~
la. P.titioner doe. not know when re.pond.nt will b. re-
l....d from tha ho.pital Bnd is ooncerned with his behavior upon
hi. rele....
WHEREFORE/ Petitioner, Linda R. cook, respeottully reque.t.
that thi. Honorable Court enter an Order of Court directing thatl
(a) Respondent, Mervyn A. Cook/ be ordered to refrain
trom harassing and having any contaot with Petitioner, Linda
R. Cook, and
(b) Respondent/ Mervyn A. Cook, be ordered and
immediately direoted to plaoe all of his woapons,
rifles and handguns, in tho possession of the Cumber-
land County Sherift and/or the Upper Allen Police
D.p.rtment on a temporary basis,
(0) Respondent, Mervyn A. Cook, be ordered to refrain
trom harassing and having any oontact with the potitioner,
her ohild, or any of Petitioner's relatives for a period not
to exceed one (1) year,
(d) An Order directing Respondent, Mervyn A.
Cook, be enjoined from placing Petitioner and relatives
in serious and imminent fear of abuse for a period not
to exceed one (1) year,
(e) An Order direoting that Respondent, Mervyn A.
Cook, submit to counseling as a result of the shooting
inoident,
~
,I^"H\~ II, 111"111I1
^i"IlIIl'W I.' ~1I1!11I,"
d^,MIf.toi n. lllllJ^,U
^l'IlII1i"~I' IIII.AW
ft W"~I MAIN 1t1l1""1
~1I1I1~NAI'I~'lllWi", f'1',i"i"kl'I.YIII/IA 17"11
Fel:)J:,uary 17, 19915
l'~I.M'IIIlH~
1717171170117"'
r~I.~CQI'I~1I
171717117'Wll""
E. Robert Elicker, II
Divoroe Master
9 North Hanover street
carlisle, PA 17013
REI Cook v. Cook
No. 94-41536
In Divorce
Dear Mr. Eliokerl
I note that Attorney Patrick O'Connor has oopied me in a
letter to you addressing certain concerns as to financial
materials and information.
Although I hesitate to involve the Divorce Master in a
discovery dispute prior to a pretrial conference, please be
advised that I will endeavor to provide Mr. O'Connor with any
relevant information concerning tinancial materials which mayor
may not have been removed from the house as suggested by his
letter. Quite frankly, I objeot to Mr. O'Connor's attempt to
oorrespond directly with the Divorce Master concerning factual
issues whioh may beccme relevant in the ultimate disposition of
this matter.
I would respectfully suggest that the proper procedure for
disposition of these isoues is to discuss these matters and raise
SUch issues during the course of a pretrial conference. Tc that
extent, I would have a reascnable opportunity to respond to Mr.
O'Connor's allegations, as well as provide additional evidenoe
whioh may be helpful in reSOlving these disputes.
I wish to emphasize that I will contact my client and
request that she provide me with any information which is
relevant to this matter.
To that extent/ Mr. O'Connor's request is rather vague and
perhaps premature prior to the pretrial conference.
ACS/jeb
01 Linda R. Cook
G. Patriok O'connor,
sincerely / C!
/,j7dttl ()/ )/'-'1
ANDREW C. SHEELr I
Esquire
vs.
I IN 'rill': COUII'I' OV' COMMON PI,I':AS Oli'
I CUMBE~LAND COUNTY/ PI':NNSYLVANIA
I
I
I
I
I
CIVIl. /lC'l'ION - l./\W
LINDA R. COOK/
Plaintiff/Petitioner
MI!lIWYN A. COOK,
Defendant/~espondent
NO. 4536 CIVIl. 1994
IN DIVO~C"
^NSW8R TO BH8RGBNCY P8ITION FOR BP8CI^L RBLI8F
1. Admitted.
2. Admitted.
3. Admitted. In further response/ plaintiff and
Defendant lived together for approximately 16 years prior to
their maJ:riage.
4. Admi tted.
5. Admitted.
6. Admitted in part and Denied in part. Respondent
admits that he was injured by the discharge of a shotgun
while residing in the marital residence. Respondent denies
any inferences attributable to the phrase "shot himself."
7. Admitted that ~espondent wall admitted to the
Lebanon V.A. Medical Center and has in the meantime been
discharged.
8. Denied. Respondent does not possess the personal
knowledge that petitioner entered the marital residence on
or about November 7/ 1994. In further response/ Respondant
aveJ:s the following I
a) /I single pane of window glass, apprQximately
12 inches by 24 inches was broken when Respondent had
accidentally locked himself out of the marital residence and
sought to gain admittance. Respondent specifically denies
that any other windows wore broken to hi~ knowledgel
b) Any and all burn holos in the carpeting
oKisted at the time of separation and resulted from the
smoking of both parties. ~e~pondant further denies that
~here are NnumerousN holu~ in the cdrpet and requests the
Petitioner to clarify her stntement,
c) The incident related in Paragraph 6 resulted
in damage to one piece of furniture by ~espondent. Said
pieoe of furniture was a relatively inexpensive sofa
purchased approximately 10 years before the marriage by the
~espondent w\th his own funds,
d) penied. ~espondent is not aware of any hole
existing in any wall in the marital residence.
e) Admitted. Subsequent to the parties'
separation and Petitioner's voluntary abandonment of the
marital residence and his effort to protect his per~onal
property, ~eBpondent did change the lock on the front door.
By way of further answer/ Petitioner SUbsequently and
without Respondent'a knowledge or consent, herself installed
new locks on the front door and garage door.
f) Den ied.
9. Admitted in pnrt and Denied in part. Respondent
admits that his son, K. Allen Cook, has resided in the
marital home intermittently to insure protection of the
premises and to assist the Respondent. Respondent denies
that K. Allen Cook is there without petitioner's permission
inasmuch as he does not know what Petitioner thought.