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HomeMy WebLinkAbout95-01564 , ' RUBY D.WEEKS, ESQUIRE TEN WEST HIGH STREET CARLISLE PA 17013 717-243-1294 , , 06/30/96 DEBRA K. COBB 186 VIRGINIA AVENUE CARLISLE PA 17013 ; I' I . I , I i I I I I I I I I I I I I I I i ! ! , Hrs/Rate Amount 06/03/96 1.0 DRAFT, PROOF AND CORRECT PETITION AND 2 ORDERS, REVIEW FILE AND FILE WITH PROTHONOTARY, DICTATION 06/07/96 ,1 DICTATION, AFFIDAVIT OF SERVICE 1.00 125.00/hr 125.00 06/10/96 ,1 DICTATION 0.10 12.50 125.00/hr 0.10 12.50 125.00/hr 0.20 25.00 125.00/hr 0.25 31.25 125.00/hr 0.10 12.50 125.00/hr , 0.20 25.00 125.00/hr 0.10 12.50 125.00/hr 06/11/96 .2 FILE AFFIDAVIT OF SERVICE 06/13/96 .25 THREE LETTERS 06/14/96 .1 DICTATION 06/19/96 .2 DICTATION.AND NOTICES 06/26/96 .1 DICTATION AND REVIEW LETTER RECEIVED For professional services rendered 2.05 $256.25 ;; PETITIONER'S 13 " t' ., ',I') RUBY D.WEEKS, ESQUIRE TEN WEST HIGH STREET CARLISLE PA 17013 717-243-1294 07/31/96 DEBRA K. COBB 186 VIRGINIA AVENUE CARLISLE PA 17013 r"'. .. RUBY D.WEEKS, ESQUIRE TEN WEST HIGH STREET CARLISLE PA 17013 717-243-1294 , DEBRA K. COBB 186 VIRGINIA AVENUE CARLISLE PA 17013 August 31,'1996 Professional services 8/19/96 ,2 phone Mr. Griffie, Esquire Hrs/Rate Amount 0,10 12,50 125,OO/hr 0,20 25,00 125,QO/hr .1"\ 8/12/96 .1 dictation For professional services rendered Previous balence 0,30 $37,50 $220.49 Balance due $257,99 -- "......, Onte 9/10/96 RUBY D,WEEKS, ESQUIRE II ::, TIme4:llJpm' Cllenl Billing Workshccl PilgC(' I I i).~ ' [ I ..., Nickname 2 I I (~mel : COBB, DEBRA : 249 I ' :ss : DEBRA K, COBB , , 186 VIRGINIA AVENUE I CARLISLE, PA 17013 Phone I : 243.3374 Controller SnlUlatlon Rounding : None Pull Precision :No Last bill : 8/31/96 Last ,harge : 9112/96 Last payment : 7/30/96 Alllounl $1511,110 , Arrangemenl : Time Charges: From slips, Expenses: From sllps, DatelSllpN Deser/allan ItOURSIRATE AMOUNT IQIA!, 9/5/96 , NI838 RUBY 0, WEEKS / ATIORNEYT!ME .1 c:onfercncc wilh Orlffie, ,I lelter 10 ,lIenl 0,20 125,llO 25,llll {\,9/9/96 _.11839 . RUBY D. WEEKS 1 A TIORNEY TIME ,I c:onfercncc with Orlffie, ,I lelter to client 0.2ll 125,llll 25,011 9/12/96 111840 RI,IBYD, WEEKS 1 ATIORNEYTIME .2 dictation IUO 1 25,llll 25.00 ..~--~_.._---_.. .---_.~. ..._-- ._-- ...-.--. ._--~.- .- TOTAL BILLABLE TIME CHARGES ll,60 $75,011 ------ ----- --- --" TOTAL BILLABLE COSTS StUlll ---. -- ~~=--"--'-~...._--,................" -~ ..+......-.........-.....-..- -~ . TOTAL NEW CHARGES $75,llll PREVIOUS BALANCE 60 days overdue 22ll,49 30 days overdue 37.3ll ----_.~--_.._--_. ---_.-..-- -.,--. --.-..' TOTAL PREVIOUS BALANCE TOTAL overdue: 5257,99 $257,99 NEW BALANCE t;-\60 days overdue I 30 days overdue New Current period 220,49 37,511 75,llU ~,~....~.....,-,-.""",,,,,...=.~~.'------"""-'--'-~'"" ....-..-.a-~.~~.... TOTAL NEW BALANCE TOTAL overdue: S332.99 $257,99 ," " (\ . ,.....<,.~-: RUBY D.WEEKS, ESQUIRE TEN WEST HIGH STREET CARLISLE PA 17013 717-243-1294 I' i' DEBRA K. COBB 186 VIRGINIA AVENUE CARLISLE PA 17013 t' I. i' I I I November 30, 1996 1~,9~ " Professional services HrslRate Amount .~ 1111/96 .25 file and serve Rule to Show cause. 0,25 31.25 affidavit of service, Itr, 125,OO/hr 11/6/96 .25 letters and conference with Mr. Griffie, 0.25 31,25 Esquire 125,OO/hr 11/8/96 .1 dictation 0,10 NO CHARGE 125,OO/hr ,11111/96 ,1 dlctatldn 0,10 12,50 125,OO/hr 11118/96 .25 dictation and phone, letter recoived 0,25 31,25 125,OO/hr For prOfessional services rendered 0,95 $106,25 Previous balance $250,00 ,~ ,.,., DEBRA K. COBB Page 2 Amount 11/19/96 Retalnar applied to Balanca ($350,001 11/30/96 AdJust previous Balance ($6,25) Total paymants ($356,251 Balance due $0,00 , Previous balance of Cllant funds $12.50 ,11/18/96 Deposit to Trust Account for settlement check from $7,000,00 Brad Grlfflo, Esquire. I 11/19/96 Retainer applied to Balance ($350,001 11/19/96 I ($6,675.001 Withdrawal from Trust Account check #3351 settlement funds minus attorney fees. 11/30/96 Deposit to Trust Accdunt $12,50 -"', , Naw balance of Client funds $0,00 "......... " j". , 'j II I II I: 'I . Ii " ; , , . RUBY D.WEEKS, ESQUIRE TEN WEST HIGH STREET CARLISLE PA 17013 717-243-1294 !' December 31, 1996 DEBRA K. COBB 186, VIRGINIA AVENUE CARLISLE PA 17013 ,; t fl. Professional services Hrs/Rate Amount " 0'", 12/4/96 .1 dictation 0,10 12,50 125.00/hr 12/6/96 .1 dictation 0.10 12.50 125.00/hr 12/16/96 ,2 dIctation to Grlffla 0,20 25,00 125,OO/hr 12/23/96 Letter 0,08 10,00 125,OO/hr Letter 0,08 10,00 r 125,OO/hr For professIonal services rendered 0,56 $70,00 ~ ~. t', ,~ , ' '~4; 'I " DEBRA K. COBB Page 2 Additional charges: Amount 12/17/96 FAX,RECEIVED 2.00 Totel costs $2.00 '; :," '. Total 'amount of this bill $72,00 ';.~ i L >Jf i , ,..\--,' Balance due $72.00 "',;'i . , :......;..~. *, "l.. , . 'de I J Ii. I~ .. t- '.'., ~ ' . , " t,~' :: ,.', , ,',: - ~ '.. " , ~". ~ ; .' ; "; ;.' . . "'.. II (""'\ , , RUBY D.WEEKS, ESQUIRE TEN WEST HIGH STREET "'CARLISLE PA 17013 I, 717-243-1294 " I, , . ,,'.' 'j"l ',,' January 31, 1997 DEBRA K.' COBB-Ifharu 186 VIRGINIA AVENUE CARLISLE PA 17013 : i: ,'L ~~ i:,) ProfessIonal servIces f\ Hrs/Rate Amount 1115/97 RevIew file end letters 0,35 43.75 Lette r 125.00/hr '."t For professlonel services rendered 0,35 $43.76 Addltlonel cherges: . 1/31/97 Photocopies for the Month of January 0.20 Totel costs $0.20 Totel amount of this bill $43,96 Previous balance $72,00 Balance due $115,95 r-.. :-.'1 ~iJ .cr'F:Ct c ','"1'/ " ,. rn' n0 ,I :1: , I " I' allegation relative to the lack of payment of the $7,000.00 lump sum as required under the Agreement is denied, in that counsel for the Respondent advised counsel for the Petitioner by correspondence dated September 4, 1996, which correspondence is attached as Exhibit "0" to the Petitioner's Petition, that the $7,000.00 was in counsel's escrow account and that counsel for the Respondent "would like to make arrangements to provide you [counsel for the Petitioner] with the $7,000,00 to meet his [Respondent's] obligation relative to the lump sum settlement aspects of the final settlement agreement in this case." It is further averred that the only response received from counsel for the Petitioner from that point forward was the correspondence dated September 12, which is attached as Petitioner's Exhibit "G" to her Petition, which stated "Your client has not forwarded to me the check for $7,000.00." It is further averred that counsel for the Respondent has, since the filing of the instant Petition, transferred to the Petitioner through counsel the $7,000.00 in compliance with the terms of the Agreement. It is further averred that the amount of interest, if any, that is due has not yet been agreed upon between the parties due to the fact arrangements were not made between counsel to transfer the funds and a discrepancy exists as to the amount of interest due. 6. Denied. It is denied that the Petitioner has fully complied with all that was required of her in the Property Settlement Agreement in that she has been late in the payments of some of the debts she assumed. It is further averred, however, that Petitioner's complying with the terms of the Property settlement Agreement is irrelevant to the instant proceedings. 7(a), Denied. It is denied that the petitioner has been forced to incur attorney's fees, costs and expenses to enforce her rights under the Agreement, It is further averred that counsel for the Petitioner was advised of the availability of the $7,000.00 lump sum payment more than two months ago. It is furth~r averred that counsel for Petitioner has been advised by providing copies of correspondence from two financial institutions of the Respondent's inability to refinance the mortgage on the property. It is further averred that the Respondent is maintaining the mortgage in current status and, therefore, Respondent is complying with the terms of the parties' Property Settlement Agreement. 7(b). Denied. It is denied that that section 6.15 on 6 of the parties' Property Settlement Agreement obligates Respondent to pay attorney's fees and costs to the Petitioner these proceedings. It is admitted that the section provides circumstances under which attorney's fees may be paid, but it denied that the present circumstances require the payment attorney's fees by the Respondent to the Petitioner, 8. Admitted. 9. Admitted. 10. Admitted. page the in for is of VERIFICATION I verifY that the statements made in the foregoing document is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, DATE: rJO );:)(J U C( C. to authorities. n., ~ A Lbff '0",{j'u:.{. ),"" -~~ George(},' Cobb relating to unsworn falsification j;: i'" 'lit!"'! 1.1. If:' (}. . r r, ri~ . ._1 ll_ 'II \0': .. "; ,- '. ; " , ;) ~, j "! (', . r :[.) "i. r, ~ ',: .,. t" , J n :am !~H e-8z l:l ~~~~~ ~~~~~ ~Bt)i!S~ rLl en ~ t) I/) llJ ~ I- W <( ~ _ ~ .. 1'1 U j Ul- o , a: g (I) ... W... I/) ~ ~ < c( <II Z .. ti c . ~ ~; ~ I,. 0" ! w to ~ .J _ .. 0 a: II. < z ~ !!: 8 0: .. l!l .., !: III '8 QJ .... '8 ~ :;: o Eli ~ ~ ~ i ~ .... .... '.... .... !: '.... III .... ,p.. ~ ~ . ::;: . :<: r.l ~ i2 ffi ~ - ~ ~ W r- ~ - OUl< U1 Z .. U1 - . c u ~ ~ g - :t III ::> ~ " Ul ~ ~ o ... Z III .. ~ - :t U . ~ . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE DEBRA K, COBB, Plaintiff GEORGE M. COBB, Defendant No, 95-1564 CIVIL TERM PETITION FOR CONTEMPT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Petitioner by her attorney, Ruby D, Weeks, Esquire, respectfully represents as follows: 1. Petitioner, Debra Kay Cobb, currently resides at 186 Virginia Avenue, carlisle, Cumberland County, pennsylvania, 17013, 2. Respondent, George M, Cobb, currently resides at 14 East 7th Street, Waynesboro, Franklin County, Pennsylvania, 17268, 3. Petitioner and Respondent were formerly husband and wife, having been divorced on January 24, 1996 by decree of this court, 4, Petitioner and Respondent entered into a Property settlement Agreement, a copy of which is attached hereto and made a part hereof as though fully set forth herein, that provides, inter alia, for Respondent to pay to Petitioner the sum of $7,000.00 by January 16, 1996 for Petitioner's interest in the marital residence located at 139 Limekiln Road, Carlisle, (See page 8 of the PSA marked as Exhibit 5), and to refinance the joint mortgage on said property into his sole name (See page 6 of the PSA), S, Respondent has willfully failed and refused to comply with the terms of said Property Settlement Agreement by not Obtaining ref inancing of the formerly joint mortgage obligation into his sole name and by not paying to Wife the $7,000,00 due her by January 16, 1996 after repeated demands for same, 6. Petitioner has fully complied with all that was required of her in the Property Settlement Agreement, 7, (a), Petitioner has been forced to incur attorney's fees, costs and expenses in enforcing her rights under said Agreement, (b), Section 6,15 page 16 of the Agreement obligates respondent to pay actual attorney fees and costs of enforcement of thin Property Settlement Agreement. I III.. .', 8. This mattsr was before the court on July 30, 1996 when this Honorable court entered the Order attached as Exhibit A hereto and made a part hereof, 9, The attached correspondence marked as Exhibit 8-F hereto and made a psrt hereof as though fully set forth herein are all that plaintiff has received from Defendant. 10. Plaintiff's reply to these correspondences is attached and marked as Exhibit E hereto and made a part hereof as though fully set forth herein, WHEREFORE, Petitioner respectfully requests Your Honorable court to grant the following relief by enforcing the terms of the November 17, 1995 Property settlement Agreement between the parties and directing Respondent within ten (10) days to initiate an application for mortgage refinancing and within sixty (60) days to complete said refinancing of the previously joint mortgage obligation on the marital residence at 139 Limekiln Road, carlisle, pennsylvania, solely into Respondent's name and directing him to immediately pay to Petitioner the $7,000,00 due her under the terms of the property Settlement Agreement dated November 17, 1995, along with her actual attorney fees and costs of $649.50 incurred in enforcement of the terms of said Property Settlement Agreement since the entry of the Divorce Decree, and to find Defendant in contempt of the court's Order of July 30, 1996, Date, 10"<'" 'i (. Respectfully submitted, r[~ ('-. , I' \",-L.~~\.c.L~ Ruby D, Week~, Esquire Attorney for the Petitioner 10 West High street Carlisle, pennsylvania 17013 (717) 243-1294 CCI Brad Griffie, Esquire Attorney for the Respondent " ~ R - We.~ls '1 ,......, t: DEBRA K. COBB, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE ,'-"" Plaintiff v. GEORGE M. COBB, Defendant 95-1564 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of July, 1996, upon consideration of the Plaintiff's petition for Contempt, and pursuant to an agreement between the parties reached in open court, it is ordered and directed as follows: 1. Within 20 days of today's date Defendant, George M. Cobb, shall produce written confirmation from Source One Mortgage services corporation that the debt due and owing from the parties to account number 12126801-4 has been either refinanced or has been processed to remove the name of Debra K. Cobb from any and all documents, inclUding but not limited to the mortgage and the note due under that account number. 2. Within 60 days of today's date the Defendant shall pay to the Plaintiff the sum of $7,000.00, together with interest accrued at the rate of 7,5 percent per annum from January 16, 1996, to the date of payment. In the event that payment in full of principal and interest is not paid within'60 days of the date of this order, any amounts presently being received by the Defendant for the rental of the property located at 199 Limekiln Road, carlisle, shall forthwith be forwarded to the Plaintiff to be credited against the $7,000.00 sum due until the sum together with interest is paid in full. :1 ~ '...... ,-.. . By the court, ~ Ruby D. Weeks, Esquire For the plaintiff Bradley L. Griffie, Esquire For the Defendant :lkt ... . PROPERTY SETTLEMENT AGREEMENT THIS AGREEMEIa, dated the .J2!..h day of tVl1ljt.-I.uJ?, 19~, by and between GEORGE M. COBB, residing at 14 East 7TH street, Waynesboro, Franklin II,.I J7(.? 'liP County, Pennsylvania, 17268, Social Security tlumber 220-54~, hereinafter called the "Husband", and DE8RA K, COBB, formerly DEBRA K, ALSPAUGH, residing st 186 Virginia Avenue, CarliSle, Cumberland County, Pennoylvania, 17013, Social Security Number 206-36-7738, hereinafter called the "Wife", who agree as follows, e;h;1 WIT N E 5 SET H I WIIEREAS, the parties are Husband and Wife, having been married on November 14, 1971, in carlisle, Cumberland County, pennsylvania, November 20, 1994. mIEREAs, there have been issue of the marriage, to witl Brandy Michelle The parties separated Cobb, born August 7, 1974, now an adult, and Courtney Amanda Cobb, born February 7, 1978, who resides with her mother, hereinafter referred to as the Children. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification, the settling of all matters between them relating to the ownership and equitable distribution of real and personal property/ the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife/ the settling of all matters between them relating to the past, present and future support and or maintenance of the Child, the implementation of custody/visitation arrangements for the minor Child of the parties/ and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, NOW TIIEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the partieo hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as followa, .. ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hsreafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit fres from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart, ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce, It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce I provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hsreto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds I not to prevent either party from defending any such action which haa been, may, or shall be instituted by the other party, or from making any just or proper defense thereto, It is warranted, covenanted, and repreaented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to 2 execute the Agreement. Hueband and Wife each knowingly and underetandingly hereby waive any and all poeeible claime that thie Agreement ie, for any reaeon, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement, 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgement or other of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2,3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties, It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree, ARTICLE III EOUITABLE DISTRIBUTION OF MARITAL PROPERT~ 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations. the length of the marriage I the prior marriages of the parties I the age, health, station, amount and sources of income, vocational skills, employabilitYI estate, liabilities, and needs for each of the parties I the contribution of one party to the education, training or increassd earning power to the other partYI the opportunity of each party for future acquisition of capital aooets and income I the oources of income of both J parties, including but not limited to medical, retirem3nt, insurance or other benefits, the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker I the value of the property set apart to each party, the standard of living of the parties established during their marriage, the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective, and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of aesets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3,3 Personal Propertv. the parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction, Parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property or assets that in other party's possession. 3,4 Subseauentlv Acauired Propertv, Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired in any real or tangible personal property subsequently acquired by the other party, Huaband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship, 4 . . 3.5 ! i I I' Real Estate powhatten Plantation Timeehare: It ie underetood and agreed that the parties are the joint ownere of a timeshare located in powhatten Plantation, Williamsburg, Virginia. The Wife a, agrees as part of this property settlement, and in consideration of Husband's conveyance of the properties located at 139 Lime Kiln Road and 38 H street, Wife will convey all of her right, title and interest in and to said timeshare to the Husband, free from, which the Husband agrees to assume and pay. the Wife agrees to execute within ten (10) days of being requested by Husband, any and all documents supplied by the Husband to effectuate the transfer of her interest in said property pursuant to this paragraph, Husband agrees that in the event, he is later able to sell said time ehare, he shall pay over to Wife one-half of any net proceede received and he further agrees to provide her written documentation of any euch eale and receipt of proceeds, b, 139 Limekiln Road & 38 H Street, Carlisle, Pennsvlvania: The parties are the joint owners of real estate located at 139 Lime Kiln Road, Carlisle, Cumberland County, Pennsylvania and 38 H Street, carlisle, Cumberland County, Pennsylvania. Husband agrees that as part of thie property settlement, Husband shall convey to Wife all right, title, and interest in and to said property at 38 H, street to the Wife, subject to the existing mortgage on said property. The Wife agrees that as part of this property settlement, Wife shall convey to Husband all right, title and interest in and to eaid property at 139 Lime Kiln Road, Carlisle, subject to the existing mortgage on said property. In furtherance of this Agreement, each party represent they have as of the date of the Agreement, executed acknowledged, and delivered to their attorney, a deed to each property conveying the same as above described and each party agrees that said deed shall be held in escrow by their respective attorneys pending the refinancing of each property as described in Paragraph 3.6S herein described below, Upon refinancing of each property, each attorney shall deliver 5 3.6 In consideration of the conveyance of the 38 H street property to her, Wife agrees to assume and pay in full the remaining balances of the mortgage now existing and presently constituting a lien upon and encumbering the same premises, and further agrees to take the stsps neceasary to refinance said mortgage so as to remove Hus~and's name from any and all reaponsibility on the mortgage. In consideration of the conveyancs of the 139 Lims Kiln Road propsrty to him, Husband agrees to assume and pay in full the remaining balance of the mortgage now existing and presently constituting a lien upon and encumbering the same premises, and further agrees to take steps necessary to refinance said mortgage so as to remove Wife's name from any and all responsibility on the mortgage. Each party shall attempt to refinance each property within thirty (30) days of the execution of this Agreement and every year thereafter, at the same time, until said properties can be ref inanced or the properties sold, Each party shall refinance with a reputable financial institution and shall provide each other and the parties' attorneys with documentation from the financial institution each and every year as to why a party was unable to refinance said property. Until such refinancing or sale of property is accomplished, the Husband shall assume sole responsibility for all repairs to the Lime Kiln Road propsrty and shall solely be responsible for payment of all taxes, including any capital gains thereon, insurance and mortgage repayment for said property. Until such refinancing or oale of property is accomplished, the Wife shall assume sole responsibility for all repairs to the 38 H Street property and shall solely be responsible for payment of all taxes, including any capital gains thereon, insurance and mo:lgage repayment for said property, Each party shall solely have the right to collect rents and retain sams with regard to the property they are receiving in this Agreement. Both parties I unto the other attorney the deeds necessary to effectuate the refinancing of that property. 6 i I' ! , , agree to indemnify and hold harmless each other from any responsibility of any kind to the payments each agrees to make hereunder. i' I: 3.7 I'; I' I Pension, Retirement, profit-Sharina, Wife agrees to waive, transfer or relinquish any and all of her right, title and interest ahe has or may have in her individual capacity or as Husband's Wife in any and all psnsion, IRA, retirement, profit-sharing, stock options or similar accounts which Husband has secured individually or through his employment, both federal and military reserve. Husband agrees to waive, transfer or relinquish any and all of his right, title and interest hs has or may have in his individual capacity or as Wife's Husband in any and all pension, IRA, retirement, profit-sharing, stock options or similar accounts which Wife has secured individually or through her employer, In the event either party needs to execute any documents to so waive their right, title and interest in the aforesaid retirement accounts, they shall do so within FIFTEEN (15) days of being requested to do so by the other party or the other party's legal representative. 3,8 Vehicles. The parties acknowledge that Wife has in her possession a certain 1990 Dodge Ram, Husband hereby waives, relinquishes and transfers any and all right, title and interest that he has or may have in the aforesaid vehicle, Wife shall be solely and exclusively responsible for any and all encumbrances of any nature whatsoever on the aforesaid vehicle and shall hold Husband harmless and save him from and against any and all collection activity on account of any such encumbrance. The parties acknowledge that Husband has in his possession a certain 1991 Ford Tempo, Wife hereby waives, relinquishes and transfera any and all right, title and interest that she has or may have in the aforesaid vehicle, Husband shall be solely and exclusively responsible for any and all encumbrances of any nature whatsoever on the aforesaid vehicle and shall hold Wife harmless and save her from and againat any and all collection activity on account of any such 7 encumbrance. The parties further acknowledge that th~ir daughter, courtney Cobb, will retain the 1985 Chevrolet Cavalier, If any documents need to be signed by the Husband or Wife, including but not limited to, the title to the vehicles, sales tax documents, or Powers of Attorney for transfer of title of the vehicles, they will do so within FIFTEEN (15) days of being requested to do so by the other party or the other party's legal representative, 3,9 IntanQible Personal Prooertv. The parties acknowledge that they have divided their intangible personal property, including, but not limited to, all checking and savings account, certificatee of Deposit, Money Market accounts or other investments, to their mutual satisfaction. The parties further acknowledge that they have the intangible personal property in their possession that they wish to have and neither will make any claim whatsoever against the other party for other items of intangible personal property in the other party's possession. In the event that there are any accounts or investments of any nature that remain in joint names, the party in possession of those items shall retain those items and the party out of possession shall execute any and all necessary documents to waive, relinquish or transfer their right in the aforesaid intangible personal property. 3,10 Pavment to Wife. The Husband agrees to pay the Wife $7,000 in cash or by certified check at the time of settlement on the sale of the Lime Kiln Road property or within sixty days of the execution of this Agreement in order to equitably distribute the marital property, At the time of 'execution of this Agreement, Husband shall give Wife a mortgage in the amount of $7,000 to be recorded against said property to secure this obligation of Husband. In the event, Wife is not paid within sixty days, interest at 7~ \ per annure shall begin to accrue until this obligation is repaid in full, B 3.11 InBurancB, HUBband further agree. to name Wife aB irrevocable beneficiary aB to hi. $30,000 state Farm Life InBurance policy. AS to all other life insurance policies acquired by either party prior to separation the parties agree that both parties Bhall continue to maintain all current life insurance policies on their lives even in the event their employment changes, naming the children solely as irrevocable beneficiaries of such policies until such time as each child reaches ths age of twsnty-one (21). As to all life insurance policies acquired by eithsr party prior to separation, they also agree that they shall each provide a writtsn liBt to the other setting forth the inBurance company(s), policy number(s), and principal amount(s) of such insurance as above with proof of beneficiary. They also agres not to borrow against or assign said policiss without prior writtsn conssnt of the other party. Both parties agree to make payments of premiums on the policies on their individual lives BO as to continue Baid coverage as long as each child is owed a duty of support, ARTICLE IV ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND CHILD SUPPORT AND MAINTENANCE 4.1 The partieB herein acknowlsdge by thiB Agreement they have respectively secured and maintained substantial and adequate funds with which to provids themselves sufficient rssources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed, Husband and Wifs do hereby waive, release and give up any rightB they may respectively have against the other for alimony, support, or maintenance, 9 4.2 The parties hereby agree that the Husband shall continue to pay child support for one child, Courtney, in the amount of $96.00 per week until June of 1996 when she graduates from high school. It is recognized she will become 16 years of age on February 7, 1996, In the event, the Husband defaults in any way in prompt and regular payments of the aforementioned child support, it is agreed by the parties that the Wife shall promptly file a child support complaint with the Cumberland County Domestic Relations Office for the entry of a child support order against the Husband in an amount as shall be appropriate under child support guidelines, 10 ARTICLE V DEBTS OF THE PARTIES S,l BUlband Iball alaume the following debtl Debt Identification I 1, state Farm Life Inlurance policy ($20,000.00 policy) Balance $ 4,768.10 2. State Farm Life Insurance Policy ($30,000.00 policy) 5, Parent plus Loan Membere 1st $ 3,898,25 $ 376.00 $ 4,459,00 $ S,840.00 $ 3,635,47 $ 2,441.54 3. MFES 4. First USA Visa 6. Members First Credit Union (As of April 10, 1995) 7. providan 8ancorp 4428-4713-0001-7703 Wife Ihall be responsible and assume responsibility for the following dsbts, Debt Account I Belance 1. 80n Ton $ 175.00 2. parent's Plus Loan Member's First (As of April la, 1995) $ 4,417.00 11 Each party represents to the other that, except as otherwise specifically set forth in this Agreement, there are no other outstanding obligations of the parties. that since the separation neither party has contracted for any debt for which the other will be responsible I that the parties agree they will not in the future contract or incur any debt or liabilities for which the other party, his or her estate, might be resI-onsible , and each party indemnifies and holds harmless the other for all obligations ssparately incurred or assumed under this Agreement, If any claim or action is initiated attempting to hold the spouse liable for any such liability or obligation, the othsr spouse shall, at his or hsr sole expsnse, defend the innocent spouse against any such claim or action, whether or not well-founded, and he or she shall hold the innocent spouse free and harmless therefrom, and the defaulting spouse agrees further to pay the actual costs and attorney fees of the innocent spouse. ARTICLE VI MISCELLANEOUS PROVISIONS Advice of counsel. The parties acknowledge that they have had the opportunity to review the provisions of this Agreement and further have had the opportunity to secure legal counsel and advice relative to the legal effect of this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, Wife-Ruby D. Weeks, Esquire and Husband-Brad Griffie, Esquire or that they have specifically chosen, with full knowledge and on their own volition, to not seek legal advice relative to this Agreement, They further acknowledge that they fully understand the facts that are the basis of this Agreement, They acknowledge and accept that it is being entered into freely and voluntarily, after having the opportunity to rsceive legal advice and with the knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 12 Counsel Fees, Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pondente lite, counsel foes, expenDos or costs. 6.3 Subseouent Divorce, It is expressly agreed that as a condition for the signing of this Agreement, both parties agree to consent to the entry of a final Decree divorcing the parties and that refusal by one party to consent to said divorce shall, as in any other breach of this Agreement, vest the other party with the option to void, all or a part of thia Agreement, Monetary damages, except for legal fees and costs, shall not be available for breach of this Section. 6.4 Mutual Release, Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsosver, of and from any and all right, title and interest, or claima in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's willI or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United states, or (c) any other country, or any righte which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or other wise, except and only except, all rights and agreementD and obli9ations of whatsoever 13 nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with reepect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only excspt, all rights and agreements and obligations of whatsoever nature arising or which may ariee under this Agreemsnt or for the breach of any thereof. 6,5 Each party represente that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable excspt as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind including those for necessities, except for the obligation arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indsmnified from all debts, charges, and liabilities incurred by the other after the exscution date of this Agreement, sxcept as is othsrwise spscifically provided for by the terms of this Agreemsnt and that neither of them hereafter incur any liability whatsoever for which the estate of the othsr may be liable, 6.6 No waiver of modification of any of the terme of this Agreement ehall be valid unless in writing and eigned by both parties and no waiver of any brsach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 6.7 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper 14 implementation of this Agreement, and as their reapective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.8 This Agreement shall be construed in accordance with the lawa of the commonwealth of pennsylvania which are in effect as of the date of execution of this Agreement, 6.9 This Agreement shall be binding and shall inure to the benefit of the parties hersto and their respective heirs, executors, administrators, successors and assigns. 6,10 This Agreement constitutes ths entire understanding of the parties and supsrsedes any and all prior sgreements and negotiations between them. Thers are no rspreeentatione or warranties other than those expressly set forth herein. 6.11 Reconciliation. The parties agree that in the vent of reconciliation between them, this Agreement may be terminated by mutual written consent. 6,12 severabilitv If any term, condition, clause or provieion of this Agreement ehall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respscts this Agreement shall bs valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under eny one or more of the articles and sections herein shall in no way avoid or alter the remaining obligations of the parties. 6.13 It is epecifically understood and agreed that thia Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the commonwealth of pennsylvania, 15 6,14 Disclosure The parties each warrant and represent to the other that he or she has mads a full and complete disclosure to the other of all assets of any nature whatsosver in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement, 6.lS Enforceabilitv and consideration. This Agreement shall survive any action for divorce and decree of divorce and ehall forever be binding and conclusive on the parties I and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it ehall have been fully eatisfied and performed, The consideration for this contract and agreement is the mutual benefite to be obtained by both of the parties hsreto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained ins stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby, In the event either party breaches the aforesaid Agrsement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party, In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to them or her including equitable enforcement of the Agreement. 6,16 gate of execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. otherwise, the "date of exscution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 16 1lIiAouv1.u.w.. MIcHI1U R. CALWRf NIMI. M. SHe_ Roe.. J. Got"""" Omc:t Mw.at. .. ~ ~ GRIFFIE & ASSOClAl'.:3 ATTORNEYS AND COUNSELORS AT LAW 200 NOA'll< HAND". Sl1ll!1T CAlLlSU!, PA 17013 (717) 243.5551 1 (800) 347.5552 FAX 717.243-5063 September 5, 1996 C...........""" TAUIT lllJUl'HQ Soot 550,14 NCRTM MAUl Sl1ll!'" C""""."uAQ, PA 17'201 (717) 267.1350 R,Pl.V TO: CAlLI... ~.. t..", Ruby D. WeekS, Esquire 10 West High street Carlisle, PA 17013 RE: Cobb Dear Ruby: Enclosed is a copy of correspondence I received from Source One. I had spoken to Mr. Soriano to determine whether in fact all of the documentation that Mr. Cobb had prepared and filed with them allowed for the transfer of liability or, at least, the release of your client from liability. I have not received anything in writing from him. However, as I believe I have advised you before, he is indicating that the individual with whom we were dealing apparently did not know what he was talking about and, apparently, your client has not been released from liability. Mr. soriano is still investigating this. need with still and/or In addition, I asked him to investigate what we would to do to simply assume this mortgage, and he has advised me a one sentence note on his fax cover sheet that he is working to find out the terms for a release of liability assumption. It is our position that this letter of september 3, when considered along with the letter we had from Mr. Cobb's credit Union, is a clear indication that refinancing cannot occur. These are two financial institutions who have indicated that refinanuing will not even be considered under the present circumstances. As an additional note, your client was residing in the home and moved without notice in the Fall of 1995. The september, October and November mortgage payments were not something that my client was planning on paying, but rather he ended up paying them because of your client's actions. I only point this out not to create additional argument in this case, but in anticipation of suggestions on your part that my client's present circumstances were created 100% by his own actions. Having said that and having resolved the issue of the $7,000.00, I would appreciate confirmation from you that it is your and your client's positions that we have met our burden in this case. '" " .-J ~ I". Page Two September 5, 1996 I' Your attention is appreciated. very truly yours, , I , I \ I BLG/lam 6' Enclosure cc: George Cobb .. ." RECEIVEO SEP ~ ~fuFFIE & ASSOCIAO ATTORNEYS AND COUNSELORS AT LAW BAAoLEV I. OM... MIc:t<tiu R. CAL"AT A1N. M. Stv_ 200 Noomt HAIClWA Smu, c.u.,... PA 17013 (7m 243.5551 1 (110O) 347-5552 FAX 717.243-15083 Roo.. J. Goo"""" o..lCIt.1ANAal!A september 4, 1996 C__ TAUIf 1luoD,... Sun 550, 14 Noomt ""'" Sl1ll!1T C_AN""'" PA 17201 (717) 267.1350 R<Pl.Y TO; C...,.... Ruby D. Weeks, Esquire 10 West High street Carlisle, PA 17013 RE: Cobb Dear Ruby: My client has provided me with $7,000.00 that he was somehow able to borrow. I would like to make arrangements to provide you with the $7,000.00 to meet his obligation relative to the lump sum settlement aspects of the final settlement agreemont in this case. In addition, enclosed is a photocopy of correspondenco from a representative of Source One. This is the mortgago company tho parties have on the former marital residence. I havo modo constant attempts to contact this individual and ultimatoly wo were able to speak on Friday. Mr. Soriano advisod me first of all that Kenneth Milne, with whom Mr. Cobb was dealing in having Ms. cobb's name removed from the mortgage, is no longer with the company. He advised me in reviewing all of the documentation that Mr. Cobb and I forwarded to Source Ono that apparently Mr. Milne may have "misdirected" Mr. Cobb. Through all of Mr. Cobb's efforts and the payment of a $100.00 fee, all that he got was the removal of Ms. Cobb's name from the documonts hold intornall.y at Source One. He did not accomplish removing hor name from liability as Mr. Milne had promised. A~ M=. Soriano's corrd~pondence indicatos thore is no way that Source One would consider refinancing at this point. Wo now have provided you with a statement from Mr. Cobb'o credit union, as well as the present mortgage holder. It 6oemo that at this point Mr. Cobb has met his obligation in attempting to rOfinanco. certainly, at least until some time has passed and ho hao had the opportunity to put his 'financial house in ordor after the disruption that occurred during this divorco, my olient is not going to be in a position to completely refinance. At the same time Mr. Soriano is making some suggoations on how we might be able to havo Mr. Cobb assume the mortgage. I understand Source One does not handle commercial mortgages and that is creating some type of difficulty in how we might be able to handle the assumption. ~~ !lilAoLrlI. GIw.. MIc:t<tiu R. CALWAT AIM M. Stv_ Roo.. J. GotI<<lAH o..lCI Mw.atA (~ GIDFFIE & ASSOCIA-CS ATTORNEYS AND COUNSELORS AT LAW . . . 200 NMTH HAIClWA Sm'lT CAMJu. PA 17013 (7m 243.5551 1 (110O) 347-55S2 FAX 717-243-5063 C......._UIlQ TRUll 1looDt... SUIf' 550, 14 Noomt MAw Smlf1 C......A_ PA 17201 (717) 281.1350 August 27, 1996 , R<Pl.Y m: CAIlJIU Ruby D. Weeks, Esquire 10 West High street carlisle, PA 17013 RE: Cobb Dear Ruby: I received a faxed letter from a representative from Source one, the Cobb mortgage holder, which indicated to me that the right hand does not know what the left hand is doing over at Source One. This new individual with whom we are dealing apparently had no knowledge of the documentation that we had filed with them previouslY and our dealings with another representative from Source One. I promptly faxed a response to him providing him with copies of all of our documentation from the other representative from Source One. I am hopeful that this will resolve this matter. In addition I have been advised by my olient that. he has been able to secure a loan for $7,000.00, which should be in my hands within the next several days. Upon receipt, I will disburse the $7,000.00 check to you on behalf of your client. That will at least resolve one of the issues pending in this matter while we await an appropriate response from Source One. My client has aloo pointed out to me that apparently your client has not been making payments on the student loan which she assumed, at least the payments have not been made in a timely fashion. I would approciate if you would investigate this matter so that we do not continue to have ongoing problems with each perty in compiling with the terms of the agreement. Your attention is appreciated. Very truly yours, )IUiIE. ~,A~SOCIATES '/J~;~ GRIFFIE I ,1/ ( ,. 6t~ BLG/lam cc: George Cobb BAtouY.L c;-. Polo<tuz R. CA&.VIRT AHtc M. s.e..., ~ GRIFFIE & ASSOCIA-rS ATTORNEYS AND COUNSELORS AT LAW 200 NanH HAIClWR Smaf1' CAIUU!. PA 17013 (717) 243.5551 1 (BOOI347.5552 FAX 717-243-5063 . .' Roe.. J. Got"""" 0l'I'lc:t M.u.AaoA AUgust 1, 1996 CH'_'IAO TAUSl' Buult... 5Yrrt 550, 14 NMTH MAiN S"...,. C."_ PA 17201 (717) 287.1350 RoI.v TO: CAIIJSJI Kenneth Milne Source One Mortgage service Corp. 27555 Farmington Road Farmington Hills, MI 48334-3357 RE: George M. Cobb 139 Limekiln Road Carlisle, PA 17013 Acct: 12126801-4 Dear Mr. Milne: As you are aware from my prior correspondence to you, I represent George M. Cobb. As we have discussed in our various correspondence, it was part of Mr. Cobb's divorce settlement to remove the name of his former wife, Debra K. Cobb, from the mortgage and encumbrances with Source One relative to the above identified property. We had a Court hearing on Mr. Cobb's alleged failure to remove Ms. Cobb's name from the encumbrance document on TUesday, July 30, 1996. This resulted in the enclosed Order. GI As noted on this Order, we must confirm through your company that Ms. Cobb's name has been removed for all purposes from this mortgage encumbrance. As you can easily note, we are under extreme pressure to provide this information within 20 days of the date of our hearing, which means I must provide it to the Court by no later than AUgust 19, 1996. I would appr~ciate if you could send a specific statement to me by facsimile and mail to the above Carlisle address clearly verifying that Ms. Cobb is removed from this encumbrance. Your attention is appreciated. Very truly yours, GRIFFIE & ASSOCIATE~.. ) "'i.?y-w,I..!t.'1 /:':A,It?e (<:-1 Braaley L.~Griffie, Esquire BLG/rjg Enclosure cc: .George M. Cobb v'Ruby D. Weeks, Esquire .. t.. ~ " . < ~~ Vl> cO ~~~ ~ cO p:J "'2 0 jj p:J u 6t.:J:5 t.:J 0 !:a ::E ." ~"', ~ ~ u oIi & o~6 :.( .5 ;. 11l <J ~ " ~ Cl u i 0:: u !:: is 0 "'o~ ... 11l ~I~ 2!: V'\ " '" Cl , '1'\ o U '" U ~~ 2!:::> u .. , . ~I-~ -h'''' ::>......~ g~~~ uJCI:l~~ vi'::r:-j" ~O<~ 11l~ 5: '" <;' il:!.... ..J- . Vl.... Cl _ ~~~ ~ CJ C, '.. -n\ ,', (.1)1.: : ;;_t, V!' ~ 2"- '::;.--; ( , ~/l (~~ p~.-- -:.... .-'. () '1\ ;l '.. -:n "f;' ,1\ '0 Qc") :::;. ,~('\1 t.l <:;!. :.:. ~ III >.r.> 0' o ..., :-1 l'-' ..0 'tl\J\)V b; \l{tt;.~ ~_1^11"" ~ w.,\ IllWh ~lIn! 1: ",Htl... r A 170U1 ('1'1 n ~""t.l1l4 ,- . . IOCT "q '~qG\ '-1'.1 ... ., >- ...:r ',.. !?;; c: 1-- '7 1-' 1i. uj9 ..:> ( C\ ,c, !:C_ '"- -- ~~; -=: ;.j r... .~: en c. --, , ~:~ '-. [tl,. C.: : :iiiJ r- ~l;r~ -- -.. -- U. 0,0 ;) 0 0) (.) .:+:.' .:+:,' .:+:. .:.:.'.:.:. .:.:. .:.:. -.:+:. .:+';,' .:+:.' .:.:..:+:. .:.:. .:.:. .:+:. .:+:. .:+:. .:.:. .:.:. .:.:. :..:.:.' :':.:';;':.:':~':.:'. :-:+:'- .:+:,' -:.:.- .:.>;..:.:.~:.;. " ___ ..........~-...__ '0' ~ ~ ~ ~ ~ ~.. i ~ <:l ~ ._- --,,-,' .. :~:. -:.:. -:.:. .:.:. ,.:. ,'. ~ ~. , ~ ~ ~.' ~ ~.' ~ ~.~ ~ .. ~ ~ ... ,'. ~ ,', ~ ~ ~.' ~ ',' ~ ',' ~ ',' ~ ',' ,'; ~ ~ ~ ',' ~ ... ~ ,; ~ ~.~ ~ ~ ~.~ ~ ~:: 1o1 ',' ~ ,'. ~ ~ ... ~ ,~ ~ * ~.' ~ ,,' ~ fo' .;, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF 1~~~ PENNA. "",,~~,,#,'''T DEBRA KAY COBB, " , N (), H~S.~.1S.6.~.,~IVI,~..,~~,~, II) PLAINTIFF \'t'I':;II:-; GEORGE M. COBB, DEFENDANT , ,i DECREE IN DIVORCE AND NOW. .., ;tV7.,):z)'l"2.,~,....,.... 19,1:'-" it is ordered and decreed that ""',""','," ,D,E,B,fl!': ,"'!'.Y, ,C,~B,~ , , , , , , " , , , , , , , , , '. plaintiff. GEORGE M, COBB and, , , , , " , , , ., . ' , , , , , " , , " " ", , .' , " , , , , , , , , , , , " " , , . , , " defendant. are divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; .... .... 00 .............. .,. .0. .to," '0 ,. ...... ,. .., .to ,... to ............. 'I . ,......, ....... ..... .... to.... .... .,. '" .............., ny The clJ}~ 1 o~ ( AlIe.l: O)-J,~,t/;t~t! C' li/4f)4-~H..i!Jo" J. /J . ./ Ij / ~ tY '1.l~" "t,' A, ~.....!~i!' :z 7 '/ Prolhnnolni')' ~ ':.:. .:.:- .:.:- .:IIt:. .:+:. .:+:. .:.:- .:f:' .:+:- .:+:. . . ;.:. -:.:. .:.;. .:.;. .:.;. .:.:. .:+;. .:.;. .:.:. .:+:. ':.:. .:+:. .:+:. .:.:. .:+:. ~ ': ~ ',' $ ~ ',' ~ ',' ,', ~ ,', ~ ~ ',' ~ ',' ~ '.' ~ ~ ~.' ~ " ~ ',' ~ ',' !.., ~ ~.' ~ ..~ ~ ',' ~ ~~ .:' ~ t', ~ ~.~ ~ ~.~ ,', ~ ~ " ;t: ',' .. ~ ,', ~ ~ ',' ~ ~ ',' ~ ',' * ~ * ~ ~ ,', ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COIDfrY, PENNSYLVANIA CIVIL ACTION -- LAW IN DIVORCE DEBRA K. COBB, v. GEORGE M. COBB, Defendant 95-1564 CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO the Prothonotary. Transmit the record, together with the following information, to the court for entry of a divorce decree. 1. Ground for divorce. Irretrievable Breakdown under Section (3301(c)) 2. Date and manner of service of the complaint. March 27. 1995 via certified Mail, received March 28. 1995. 3. (Complete either paragraph (a) or (b) .) (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code. by the plaintiff November 17. 1995/ by the defendant November 24. 1995. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code. / (2) Date of service of the plaintiff's affidavit upon the defendant. 4. Related claims pending: none 5. Indicate date and manner of eervice of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under sH~~~ ,&lRH';l;>X<l!il*k~ol~fx!l~;(llilt~llP#xll~ p f attached Pa. R.C.P, 1920,73 per correspondence 1-17-96 January 17, 1996 Ruby D~V;~~ Attorney for the Plaintiff - Debra K. Cobb ~ lD ;>- ~c LrJ L':; 0 ,- c:, ::l~ UJ./ 87- ~g :I: ...:.' a.. -' q;:J P- I- ~i.~~ .. U. ...1,...-::. -,~IJI -.. 1(..... 0:: .., .',. t11(U .;:: rtJU- r..= , -'.;: 1-1_ V:> ::l 0 <:1' U ~ DEBRA K. COBB, Plaintiff va. IN TilE COURT OF COIlMON PLEAS UF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE GEORGE H. COBB, Defendant 95-1564 CIVIL TERJoI NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE TOI GEORGE H. COSB, 14 East Seventh Waynesboro, PA Defendant street 1726B Bradley Griffie, Attorney for Defendent 200 N. Hanover Street carlisle, PA 17013 Debra K. Cobb, Plaintiff. intends to file with the court the attached Praecipe to Transmit Record on or after January 17, 1996 requesting that a final decree be entered. January 17, 1996 ~~ Ruby D. Weeks, quire Attorney for Plaintiff, Debra K. cobb CCI Debra K. Cobb Bradley Griffie, Esquire , I: l' , .... 10 b. 0; In .... ~:: i~ ~),....,.. w~) ~) ':: l)"~ U"'" If.c, ,"- ::..!. J_ - C- t"' ;:J ',.?,: ~C. t- ~?~~ n: l!: ~~ .h tlliil ....: tqe- r-= -, ll. ""J ~".i 0 m U .. ., , TELEPHONE 717.243'l2D4 <::Ruey !D. CWUki ATTORNEY AT LAW TEN WEST HIGH STREET CARLISLE, PENNSYI.VANIA 17013.29!5!l January 17, 1996 Bradley Griffie, Esquire 200 North Hanover Street carlIsle, PA 17013 REI DIvorce I am enclosing a Notice of Intention to Request Entry of Divorce Decree and Praecipe to Trensmit the Record which have been docketsd todey. v As you requested. For your informatIon. please return promptly. othor For your signature. For your review. SIncerely, 0, tr.y- Ruby O. ~eeks, Esquire ROW:""I C I Delul CClhh Enctcnuru: 1119~II,9~ HAND CARRIED 1/11/95 >- /.r) E 0; /.r) ,'5: C:..; ,'- wr;] ~~ ():-:.,.o Qci :J:: U;:, ~g c... (,J;3 ....... ~.. f~.:.. r- :5"'> l.Ic..:' -~ ~- "'- t!," ~ r15m r:; U" mu.. '-J "- IJ';l ::, 0 0', (J , DEBRA KAY COBB, Plaintiff va. IN TilE COURT eF COHMeN PLEAS er CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE GEORGE M. COBB, Defendant NO. CIVIL 1995 COMPLAINT IN DIVORCE TO THE 1I0NORABLE, TilE JUDGES OF SAID COURT I AND NOW COMES, DEBRA KAY COBB, Plaintiff, by her attorney, Ruby D. Weeks, Esquire, who avers as followsl 1. Plaintiff, DEBRA KAy COBB, is an adult sui juris, who currently resides at 139 Lime Kiln Road, Carlisle, Cumberland County, Pennsylvania 17013, since Mal'ch 7, 1976. 2. Defendant, GEORGE M. COBB, is an adult sui juris, who currently resides at 13295 North Avenue- Blue Ridge Summit, Franklin County, Pennsylvania 17214, since November 20, 1994. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 14, 1971, at Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Neither party is a member of the Armed Forces of the United States. COUNT I lal - INDIGNITIES 3301 lal161 of the Divorce Code 7. Paragraphs 1 through 6 are hereby incorporated by reference and made a part hereof. 8. The averments under this count are not collusive. 9. Defendant has offered such indignities to Plaintiff. the innocent and injured spouse, as to render her condition intolerable and life burdensome. COUNT I Ibl - IRRETRIEVABLE BREAKDOWN 3301 leI of the Divorce Code 10. Paragraphs 1 through 9 are hereby incorporated by reference and made a part hereo f- 11. The marriage is irretrievably broken. a. Plaintiff and Defendant have lived separate and apart sincs November 20, 1994. 12. Plaintiff has been advised as to the availability of counseling and that she may have the right to rsquest that the Court require the parties to participate in counseling. 13. Plaintiff requests the Court to enter a decree of divorce. COUNT II - REOUEST FOR DIVISION OF PROPERTY UNDER SECTleN 53502 OF THE DIVORCE CODE 14. Paragraphs 1 through 13 are hereby incorporated by reference and made a part hereof. 15. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". 16. Up~n entry of a divorce decree, such property should be divided equitably as is just and proper. COUNT III - COUNSEL FEES. COSTS. EXPENSES 17. Paragraphs 1 through 16 are hereby incorporated by reference and made a part hereof. lS. Plaintiff has retained the services of Ruby D. Weeks, Esquire, and the counsel fees, costs, and expenses for representation in this action will be substantial and continuing. 19. Plaintiff is without sufficient funds, income, or assets to pay such counsel, fees, costs, and expenses. 20. Plaintiff will need to retain the services of an appraiser and other experts with regard to this action. 21. Defendant is financially able to provide for these expenses of Plaintiff. COUNT IV - ALIMONY AND ALIMONY PENDENTE LITE 22. Paragraphs 1 through 21 are hereby incorporated by reference and made a part hereof. 23. Plaintiff lacks sufficient means of support at present to fully provide for her reasonable needs, despite the fact she is employed. Plaintiff requests an award of alimony pendente lite. 24. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 25. Defendant is financially able to provide for the reasonable needs of Plaintiff. WHEREFORE, Plaintiff prays that a judgment be entered in favor of the Plaintiff against ths Defendant as follows: a. As to Count I (a), that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. b. As to Count I (b), in the alternative, should Defendant execute an Affidavit consenting to a divorce because the marriage is irretrievably broken, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. c. As to Count II, that this Court determine marital property and order an equitable distribution thereof. d. As to Count III, that this Court enter an award for preliminary and interim counsel fees, costs and expenses and to enter a final award of counsel fees, costs, and expenses. e. As to Count IV, that Plaintiff be awarded alimony pendente lite until final hearing and permanent alimony thereafter. f. Such other additional relief as the Court deems necessary and appropriate, - u'> en - '-, ~I 'is ~~ '\ " ~ " ~~i ,~ 'l~~, ~\" \:: ~ ~ , , ~\ \ t2\ ~ G) (j ~ ~l \r) ~ o '1 l~ rG ro '\;, A SJ ~ ~ ~ ;:-.. . ~ ~~ ~~ = -'" I,~ -;.) .'-- ~ ~'"J ,~ (~:-i!. III I-< :I: CI ... l>: ....: x 0'" ~~ ... ..: - tl l<l~ III - III lil~~ ~ III 8 ., t:l III '" " ~ :.::.: l<l 8 '" .. Ol<ll I-< '.. . 'C ~Po . X " t:l >< ., III Ql Z 8 -i5 ,.:a :2 " > l<l '" l<l ... '.. Ql .. ..~~ > .. CI t:l l<l ... ... l>: U ~ Po 0 t:l 00": III l<l 0 I-<U,.:a l<l CI I'< r;~~ t:l l<l 8 tl U ... ~l<l lJ Z !:J ~B f;!I-<M ~wc: oof;!....... U'JE-1"m l<llll N ":r:.s:7 IIlClPoM >0:... ... W:r: "N ~I-<~,!. III Ill... .~....... :o~ ~... n: DEBRA K. COBB, Plaintiff IN THE COURT or COMMeN PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE va. GEORGE H. COBB, Defendant 94-1564 CIVIL TERM AFrID~VIT or CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filsd on March 27, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapoed from the date of filing the complaint. 3. I consent to the entry of a 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 is granted. I verify that the statements made in this Affidavit are true and correct. I 'understand that false statements herein are made subject to the penalties of :18 Pa. C.S. 54904 relating to unsworn falsification to authorities. " . "Dated;'I/ Ii 1 / 'is' 0'" . ~A _~ 6-J-1- DEBRA K. COBB, LAINTIFF bed to Idali>,r , 19k. [--.-.. '-..----. "!dlMi'i',l !":',:"'L I MArIVL""U,... I .'\;'". I;), 'I ":.r,' rl '~tf CL'il'J~ C..'" . ;ql'>ill:li I M, C(h\"l\,'~Jc.n I:~\t ::-:"~~'11..!.?~I-~II~_ J '7h~~ tf cX:~c:t- Nota lie ; I I I I, i ! ~ ~ ~. '"" .. g~ ~o'- N ~ fE ?i r;1~ ~i - .~~ I i~ f.d 'u.. Q B :s In 0'> DEBRA It. COBB, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUHBERLIIND COUNTY, PENNSYLVANIA va. CIVIL ACTIeN - LAW IN DIVORCE ;Ji.lS64 CIVIL TERM GEORGI!: H. COBB, Defendant DEFENDANT'S Af!1DAVIT eF ceNSENT AND OF NOTIFICATION OF AVAILABILITY OF MARRIAGE COUNSELING I, GEORGE H. COBD, being duly sworn according to law, depooe and oay. 1. A complaint in Divorce under Section 330l(c) of the Divorce Code wao filed on Harch 27, 1995. 2. The marriage of Piaintiff and Defendant is irretrievably broken and ninety (90) days have elapoed from the dote of fiiing the Complaint. 3. I coneent to the entry of a final decree of divorce., 4. I understand that I may looe righto concerning alimony, division of property, lawyer'e foes or expenseo if I do not claim them before a divorce is granted. 5. I have been advised of the avail ability of marriage counoeling and understand that I may request that the Court require that my spouse and I participate in counseling. 6. I understand that the Court maLntains a liot of marrioge counselors in the Prothonotary's Office, which list io available to me upon request. 7. Deing 00 advised, I .~dO not requeot that the Court require that my opouoe and I participate in counseling.prior to a divorc~ decree boing handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penaltieo of ID Pa. C.S. 54904 relatLng authorities. Dated. ?1/JWnhl'--!Jf//99s Sworn and SUbsC:5~~_to be to;:, me this "tla~.,. of _/-tff2!~ ,19~. ~~$'~~~ to unsworn falsification to ) \JJ~(g,_/1, aM- GEORG~. CODD, DEFENDANT NOlorlal Sool Robin J, Goshorn, Notary Publlo Corllsls Doro, Cumburlnnd Counly My Commission Expl'., April 11, 1900 .r TELEPtlONE 711-243,1294 ,~:.I\/u[.y fJ:::" (WU/;1 ATTOnNEY AT LAW TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 Ha~ch 29, 1995 Geo~ge H. Cobb 13295 1I0~th Avenue Dlue RIdge SummIt PA 11214 Dear Oeor99. I am, by thl. lette~. .e~vlng you wIth . copy of the Dlvo~e. Compl.lnt brought by your WIfe, D.br. K.y Cebb. If you h.ve .ny que.tlon. concern Lng the Divorce Complaint, I .u9Q...t you contact your attot:'n.y, 1n that there ar. apecUlc righte whIch you would be entItled to defend and claIm, and thare ar.. tIme llmltn for your doIng no. I am also encloolng a copy of a p~opoood Property sottlement Agreoment botwoen you and Debra Kay Cobb. Pleane have your attorney revLew thL. wLth you, and If you are In ag~eement wLth It, pleane contact me 00 that arrangemente can be mnde fo~ you to execute the o~lglnnl. I would hope to hear from you or your attorney as Boon as possible 1n the hopeo that wo can equItably work out matte~n between you and your wife ae quLckly an poulble, to prevent g~eat emotIonal and flnancLa,l exp;,n,n,~ ,for both'of you. Sincerely, I') I (,: 'I, t' " l,,'/t\ l. L " ,- Ruby D. Weekn, EnquLre ., nDWljlh Enclqqu~enIDtvo~ce c.Debra Kay Cobb Decree ce~tLfled Hatl 110. Z 119 952 515 1-95 116'1' U"> '. lCO'I> c;n.>- ~ - ... .' ~ -.....,. ! " - , .. a'l' m , .r l/1' ., r. NI N '., ..' 0">' cr> , r--J t.~, .. ., ,. p: ~;. .. :~i~.:.; (,. ~ = ::0= In '7') >-... .r: ~_ -t .r. lU r.; ~ i:! (..";;r:'-':"W: fi:~u:-( c '- :n n :'" ~n ,....J u, -, = DEBRA KAY COBB, . IN THE COURT OF COMMON PLEAS OF . plaintiff . cUMBERLAND COUNTY, PENNSYLVANIA . : vs. . CIVIL ACTION - LAW . . IN DIVORCE . GEORGE M. COBB, Defendant . NO. 95-1564 CIVIL TERM . PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the above-named Defendant, George M. cobb, in the above-captioned action. By: r~) I~ d'll {171m l ".It.-VI Barbara J. u s, Esquire Griffie & A s ciates 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Date: q/fl r 1': IW 1" . , ~ , , I vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE DEBRA K. COBS, Plaintiff GEORGE M. COSB, Defendant 95-1564 CIVIL TERM [ " I BULE TO SHOW CAUSE AND NOW, this V [1-1 I day of ~ W\,. , 19~, upon consideration of the within Petition, a Rule is hereby issued upon GEORGE M. COBB, to show cause why he should not be directed to immediately obtain refinancing for the marital residence located at 139 Limekiln Road, Carlisle and to remove Wife's name from the current mortgage thereon and to immediately pay to Wife the sum of $7,000,00 due Wife on January 16, 1996, under the parties Property Settlement Agreement should Rule returnable and hearing on the It! II{, day of 19~, at court Room No. ~ at /:.:3,,) L.M. not be issued. 9u.JU" --- , BY THE COURT, (J/~ J. CCI Ruby D. Weeks, Esquire Attorney for Petitioner Bradley Griffie, Esquire Attorney for Respondsnt c~.... 111IlJ..J. {./s/16 - .'ur ~~ ~~(;iFJ &1/61?b 1-u " .. DBBRA It. COBB, IN THE COURT O~ COMMON PLEAS O~ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW IN DIveRCE PLAINTI~~ v. OEOROE H. COBB, 95-1564 CIVIL TERM DE~ENDANT ORDER AND NOW, this ___ day of , 19__, upon considoration of the within Petition for contompt, the court hereby finds the Defendant in Contempt of this Court.s Order of divorce entered after the partios entered into a Property settlement Agreement on November 17. 1995. The Defendant shall reimburse the Plaintiff for all costs and attorney fees in connection with this contempt proceeding, which as of this hearing totaled $ Defondant shall immediately pay to Wife the sum of $7,000.00 plus interest at six (6) percent due from January 16, 1996 to dato of payment and Defendant shall within ten (10) days of this order, provide this Court proof he has initiated a mortgage application to refinancing tho property at 139 Limekiln Road, Carlisle, Pennsylvania in his sole name. Further, Defendant shall havo sixty (60) days to complete said refinancing of mortgage obligation into his sole name. BY THE COURT, J. , . DEBRA K. COBBI. P dnHff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE No. 95-1564 CIVIL TERM v. GEORGE H. COBB, Defendant PETITION FOR CONTEMPT TO THE HONORABLE, THE JUDGES OF THE SAID COURT I Petitioner by her attorney, Ruby D. Weeko, Eoquire, reopectfully represents as follows I 1. Petitioner, Debra Kay cobb, currently res ideo at 186 Virginia Avenue, Carlisle, Cumberland County, Pennoylvania, 17013. 2. Reopondent, George M. Cobb, currently reo ideo at 14 East 7th street, Wayneoboro, Franklin County, Pennoylvania, 17268. 3. Petitioner and Reopondent were formerly husband and wife, having been divorced on January 24, 1996 by decree of thio Court. 4. Petitioner and Reopondent entered into a Property Settlement Agreement, a copy of which io attached hereto and made a part hereof ao though fully set forth herein, that providee, inter alia, for Respondent to pay to Petitioner the Dum of $7,000.00 by January 16, 1996 for Petitioner'o intereot in the marital residence located at 139 Limekiln Road, carliole, (See page 8 of the PsA), and to refinance the joint mortgage on oaid property into hio oole name (See page 6 of the PSA). 5. Reopondent has willfully failed and refuoed to comply with the terms of oaid Property Settlement Agreement by not obtaining refinancing of the formerly joint mortgage obligation into hie Dole name and by not paying to Wife the $7,000.00 due her by January 16, 1996 after repeated demanda for oame. 6. Petitioner hao fully complied with all that wao required of her in the Property Settlement Agreement. 7. (a). Petitioner hao been forced to incur attorney's feeD, cooto and expenseo in enforcing her righto under said Agreement. (b). Section 6.15 page 16 of the Agreement obligateo reopondent to pay actual attorney feeo and cooto of enforcement of this Property Settlement Agreement. ',l",.".,-"'.':~,.wr:.r-,....:..,....",,. ._'.......,.,~~.- ; 'I" ,. ,. 'I"" w' iJ .q,~:T., ~!:cl, 'lctATll'Y1IlATTllBwm1lH1SATlUS RUDY D, IVEEKS, ESQUIRE ",: '';';''''\: "'ir\c'f-';';~tiAai.~d;\\$..":.~k ,. . '.' \ ' "-OI~l:",'ili~? \l~J.'",,\~ "i :'0, ',' I;' ,"'"NlDcoumcoPYD'nI80klO..... TEN WEST HIGII STREET _IIDDY"0'l1f1EIl1Of1LII^'I/lIf1Ill<h~:,'!:;O~.;J..!C'\';;I.rl . ,7' ,~::~;.",r,.iuJ;blllnUS^CTIO" CAR:'~:>A . i7013 ....pO"SnOnm"'CLOSED".'",,'.'If^..:,,~,. ;~'~~',11~' "i,:""" , . (717) 243-1294-~,~~:~~,i~.~,~.;:;"::~p' .,,+p ~~,;,,_.__~ . ."",..,..".;.,(\,,.,I,:,~-l""'~~~' ' '...-_illl'tlljlftlil..___~,ife.~....,~~,...."..~,,,4...,..,.~,"...,'..; ".;.,,' ,", . . ,., '. ';,,(J;.,.',i..~;-/1;r;,I{!jj, , . PRePERTY SETTLEMENT AGREEMENT , ill TillS AGREEMENT, dated the JL day of 11 wtl\LVv-t , 19 'IS"', by and between GEORGE H. COOO, residing at 14 East 7TII Street, Waynesboro, Franklin fV 3'/(.1 I county, pennsylvania, 17260, Social security Number 220-S4~, hereinafter called the "Hu.band", and DEBRA K. COOO, formerly DEBRA K. ALSPAUGH, residing at 186 Virginia Avenue, carlisle, cumberland County, pennsylvania, 17013, Social Security Number 206-36-7730, hereinafter called the "Wife", who agree as follows. W I 'I N E SSE 'I II . WHEREAS, the parties are Husband and Wife, having been married on November 14, 1971, in Carlisle, Cumberland County, pennsylvania. The parties separated November 20, 1994. WIIEREAB, there have been issus of the marriage, to wit. Brandy Hichelle Cobb, born August 7, 1974, now an adult, and Courtney Amanda Cobb, born February 7, 1970, who resides with her mother, hereinafter referred to as the Children. WHEREAB, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arioen br.tween the partiee, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification. the settling of all matters between them relating to the ownership and equitable distribution of real and personal , property I the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of wife by Husband or of lIusband by Wifel the settling of all matters between them relating to the past, present and future support and or maintenance of the Child, the implementation of custodY/Visitation arrangements for the minor Child of the parties I and in gsneral, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW TIIEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth pnd for other good and valuable cone ide ration, receipt of which ie hereby acknowledged by each of the parties hereto, Wife and lIuoband, each intend Lng to be legally bound hereby, covenant and agree as followo. '/ i '''. ARTICLE I SEPARJ\TION 1.1 It shall be lawful for Hueband and Wife at all timee hereafter to live eeparate and apart from each other and to reeide from time to time at such place or placee ae they ehall reepectively deem fit free from any control, reetraint, or interference, direct or indirect, by each other. Neither party shall moleet the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedinge. The foregoing provieione ehall not be taken to be an admiesion on the part of either Husband or Wife of the lawfulneee of the cauoee leading to them living eeparate and apart. ARTICLE II DIVORCE 2.1 Thie Agreement io not predicated on divorce. It ie epecifically underetood and agreed by and between the partiee hereto that each of the Baid partiee doe a hereby warrant and repreoent to the other that the execution and delivery of thie Agreement ie not predicated upon nor made eubject to any agreement for inetitution, proeecution, defenee, or for the non-proeecution or non-defenee of any action for divorce I provided, howeve'r, that nothing contained in thie Agreement ehall prevent or preclude either of the partiee hereto from commencing, inetituting or proeecuting any action or actione for divorce, either absolute or otherwiee, upon juet, legal and proper groundsl not to prevent either party from defending any such action which hae been, may, or shall be inetituted by the other party, or from making any juet or proper defenee thereto. It ie warranted, covenanted, and repreeented by Hueband and Wife, each to the other, that thie Agreement ie lawful and enforceable and thie warranty, covenant, and repreeentation ie made for the epecific purpoee of inducing Hueband and Wife to 2 execute the Agreement. lIueband and Wife each knowingly and underetandingly f >"'.' ~ hereby waive any and all possible claims that this Agreemsnt is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and ehall forever be estopped from asserting any illegality or unenforceability ae to all or any part of this Agreement. 2.2 It i8 furth8r specifically under8tood and agreed that the provieion of thi8 Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final eettlement for all purp08ee whatsoever. Should either of the parties obtain a decree, judgement or other of eeparation or divorce in any other state, country, or juriSdiction, each of the parties to this Agresment hereby conDente and agreeD that thie Agreement and all ite covenante shall not be affected in any way by any euch eeparation and divorce. 2.3 This Agreement shall aurvive any decree in divorce and Dhall be forever binding and concluaive on the partioa. It iD underatood by and between the parties that this Agreement ahall be incorporated into any decree, divorce or separation, but it shall not be deemDd merged in euch decree. ARTICLE II I EOUITABLE DISTRIBUTIOII OF MARITAL PROPERTV 3.1 ' The parties have attempted to divide their marital property in a manner which conforme to the criteria Det forth in the Pennaylvania Divorce Code, and taking into account the following conaideratione. the length of the marriage, the prior marriages of the partieel the age, health, atation, amount and eource8 of income, vocational ekilla, employabilitYI eDtate, liabilities, and neede for each of the parties I the contribution of one party to the education, training or increased earning power to the other party I the opportunity of each party for future acquieition of capital aDDetD and incomDI the DOUrCeD of income of both 3 partiea, including but not limitod to medical, rotiroment, inaurance or oth.r benefits, the contribution or disaipation of each party in the acquisition, preaorvation, depreciation, or approciation of marital property, including the contribution of a party as a homemakor, the value of the property set apart to each party, the otandard of living of the parties establiahed during their marriage, tho economic circumstanceo of each party, including federal, .tate and local tax ramificationo, at the time of the divioion of the property is to become effective, and whether the parties will be serving ae the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without tho introduction of outside funds or other property not constituting marital property. Tho division of property under thie Agreement shall be in full satisfaction of all right a of equitsble distribution of the parties. 3.3 Personal Prooortv. tho parties ecknowledgo that they have divided their personal property, tangible and intangible, to their mutual satisfaction. Parties further acknowledge that they have the cash, accounts, or other tangible and intangible proporty in their poasession that they wish to have and neither will make any claim whatsoever against the,other party for any other items of personal property or assets that in other party's possession. 3.4 SubseQuentlv ACQuired Propertv. Husband and Wife agree to waive and relinquish any and all right that he or ahe may now have or hereafter acquire in any real or tangible personal property subsequently acquired in any real or tangible personal proporty subsoquontly acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 4 " II""" 3.5 Real Eotate a. powhatten Plantation Timeohore. It io underotood and agreed that the parties are the joint owners ot a timsohare located in powhatton Plantation, Williamoburg, Virginia. The Wite agreeo 00 part of thio property oettlement, and in conoideration ot Husband's conveyance of the properties located at 139 Lime Kiln Road and 38 H street, Wife will convey all of her right, title and intereot in and to said timeshare to the Husband, free from, which the lIusband agreeo to aseume and pay. the Wife agreee to execute within ten (10) daye of being requested by lIusband, any and all documents eupplied by the lIusband to effectuate the 'tranofer of her intereot in eaid property pursuant to this paragraph. lIuoband agrees that in the event, he ie later able to eell eaid time ehare, he ehall pay over to Wife one-half of any net proceedo received And he further agreeo to provide her written documentation of any euch sale and receipt of proceede. b. 139 Limekiln Road & 38 II street. carlisle. Pennsvlvania. The parties are the joint ownere of real eetate located at 139 Lime Kiln Road, Carlisle, Cumberland county, pennsylvania and 38 II street, Carlisle, cumberland County, Pennoylvania. lIusband agrees that 00 part of this property eettlement, Hueband shall convey to Wife all right, title, and interest in and to said property at 38 II. street to the Wife, oubject to the exieting mortgage on said property. The Wife agreee that ao part of thie property settlement, Wife shall convey to lIuoband all right, title and intereot in and to said property at 139 Lime Kiln Road, Carlisle, oubject to the existing mortgage on said property. In furtherance of thio ngreement, each party repreoent they have ae ot the date of the ngreement, executed acknowledged, and delivered to their attorney, a deed to each property conveying the oamo 00 above described and each party agrees that said deed ohall be held in escrow by their respective attorneys pending the refinancing of each property as described in Paragraph 3.65 herein described below. Upon refinancing of each property, each attorney ohall deliver 5 unto the other attorney the deede neceeeary to effectuate the refinanoing ot: th.t: ',..",...,';'r....i<i'l* property, 3.6 In consideration of the conveyance of the 38 H Street property to her, Wife agrees to assume and pay in full the remaining balancee of the mortgage now exloting and preeently conetituting a lien upon and encumbering the same premises, and further agrees to take the stsps necessary to refinance said mortgage so as to remove lIusband's name from any and all responsibility on the mortgage. In consideration of the conveyance of the 139 Lime Kiln Road property to him, Husband agrees to assume and pay in full the remaining balance of the mortgage now existing and presently constituting a lien upon and encumbsring the same premises, and further agrees to take eteps necessary to refinance aaid mortgage so as to remove Wife's name from any and all responsibility on the mortgage. Each party shall attempt to refinance each property within thirty (30) days of the execution of this Agreement and every year thereafter, at the same time, until said properties can be refinanced or the propertieo oold, Each party shall refinance with a reputable financial inotitution and shall provide each other and the parties' attorneys with documentation from the financial institution each and every year ao to why a party wao unable to refinance oaid property. Until such refinancing or sale of property ie accomplished, the Husband shall asoume sole responsibility for all repairs to the Lime Kiln Road property and ohall BOlDly be responsible for payment of all taxeo, including any capital gains thereon, insurance and mortgage repayment for said property, Until ouch refinancing or sale of property is accomplished, the Wife shall assume Dole responsibility for all repairs to the 3S H Street property and shall solely be rosponoible for payment of all taxeo, including any capital gains thereon, inourance and mortgage ropayment for said property. Each party ehall eolely have the right to collect rents and retain same with regard to the property they are receiving in this Agr~ement, Both parties 6 a9ree to indemnity and hold harmlsDD each other from any re.ponDibility of any kind to the payments each agrees to make hereunder. J,7 Pension. Retirement. Profit-Sharino, Wife agreee to waive, transfer or relinquish any and all of her right, title and interest she has or may have in her individual capacity or as lluBband' s Wife in any and all pension, IRA, retirement, profit-sharing, stock options or similar accounts which Ilusband has Decured individually or through hiD employment, both federal and military reserve. Iluoband a9reeo to waive, tranofer or relinquioh any and all of hio ri9ht, title and intereot he hao or may have in hio individual capacity or ao Wife's Ilusband in any and all penoion, IRA, retirement, prOfit-sharing, otock optiono or oimilar accounto which Wife hao oecured individually or through her employer. In the event either party needo to execute any documents to so waive their right, title and intereot in tho aforesaid retirement accounts, they shall do so within FIFTEEN (15) days of being requeoted to do so by the other party or the other party'o logal repreeentative. J.B Vehicles. The partiee acknowledge that Wife hae in her posseesion a certain 1990 Dodge Ram. Ilusband hereby waives, relinquishes and transfers any and all right, title and intereet that he has or may have in the aforesaid vehicle. Wife shall be solely and exclusively responsible for any and all encumbrances of any nature whatsoever on the aforesaid vehicle and shall hold Ilusband harmless and eave him from and againet any and all collection activity on account of any such encumbrance. The parties acknowledge that Ilusband has in his possession a certain 1991 Ford Tempo. Wife hereby waives. relinquishes and transfers any and all right, title and interest that she has or may have in the aforesaid vehicle. Husband shall be solely and exclusively responsible for sny and all encumbrances of any nature whatsoever on the aforesaid vehicle and shall hold Wife harmless and save her from and against any and all collection activity oJl account of any such 7 encumbrance. ...;', The parties further acknowledgs that their daughter, courtnsy cobb, will retain the 1985 Chevrolet Cavalier. If any documents need to be signed by the Husband or Wife, including but not limited to, the title to the vehicles, eales tax documents, or powers of Attornsy for transfer of title of the vehicles, they will do so within FIFTBBN (15) days of being requeeted to do so by the other party or the other party'. legal repressntative. 3.9 Intanoible Peroonsl prooertv. The parties acknowledge that they have divided their intangible pereonal property, including, but not limited to, all checking and savingo account, Certificates of Deposit, Money Market accounts or other investments, to their mutual oatiofaction. The parties further acknowledge that they have the intangible personal property in their possession that they wish to have and neither will make any claim whatooever againot the other party for other itemo of intangible personal property in the other party's posoession. In the event that there are any accounts or inveotmento of any nature that remain in joint names, the party in posseooion of those itsms ohall retain those items and the party out of possession shall execute any and all neceooary documents to waive, relinquish or transfer their right in the aforesaid intangible personal property. 3,lD pavment to Wife. The Huoband agreeo to pay the Wife 57,DDO in cash or by certified check at the time of oettlement on the sale of the Lime Kiln Road property or within oixty days of the execution of this Agreement in order to equitably distribute the marital property, At the time of execution of this Agreement, lIuoband ohall give Wife a mortgage in the amount of 57,000 to be recorded againet said property to oecure this obligation of lIusband. In the event, Wife is not paid within oixty days, interest at 7~ \ per annum shall begin to accrue until this obligation is repaid in full. 8 3.11 Inourance. lIuoband further agreeD to name Wife aD irrevocable beneficiary as to his $30,000 State Farm Life Insurance policy. lis to all other life insurance policies acquired by either party prior to separation the parties agroe that both partiee shall continue to maintain all current life ineurance policie8 on their liv88 even in the event their employment changee, naming the children 801ely a8 irrevocable beneficiariee of such policies until such time as each child reaches the age of twenty-one (21). lis to all life insurance policies acquired by sither party prior to separation, they also agree that they ohall each provide a written list to the other setting forth the insurance company(s), policy number(s), and principal amount(s) of ouch insurance aD above with proof of beneficiary. They also agree not to borrow againot or aesign said policies without prior written consent of the other party. Both parties agree to make payments of premiums on the policies on their individual lives so as to continue said coverage as long as each child io owed a duty of oupport. IIRTICLE IV ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT IINO CIIILO SUPPORT IINO MIIINTENIINCE 4,1 The parties herein acknowledge by thio Agreement they have respectively secured and maintained substantial and adequate funds with which to provide themselves sufficient resources to provide for their comfort, maintenance, and eupport in the station of life in which they are accustomed. lIusband and Wife do hereby waive, releaoe and give up any rights they may respectively have againet the other for alimony, support, or maintenance. 9 .'.-' ~ -~" . ~7:7:;yt:~:''J1t;;!"~~~~ /\ ,;;;:r~7'''-' _.:ul~'~'. ..-l_I,"..."~~, ilf"'~'~"~,,,1 4.2 .: t,<f~"<".},'.J,:" The partieD horeby agree that the Hueband ehall continue to pay child support for one child, Courtney, in the amount of $96.00 per wsek until June of 1996 when ehe graduatee from high echool. It ie recognized ehe will become 18 yeare of age on February 7, 1996. In the event, the Husband defaulte in any way in prompt and regular paymente of the aforementioned child eupport, it is agreed by the parties that the Wife shall promptly file a child support complaint with the Cumberland County Domeetic Relations Office for the entry of a child support order against the Husband in an amount as shall be appropriate under child eupport guidelines. 10 '-:7:71~'1:~~'Y;T'r.:.'::'(~~:;'1:~~~~.'-~' ..:- ',"'" . " IUITICLII V pE8TS OF THE PARTIES 5.1 '-. ':"'1 " "..;j ~~.;'l~"'" ",,,"'r/.:~~1i' ~'l , ' , Huaband aball aaaume the following debt. Debt Identification-' 1. state Farm Life Inaurance Policy ($20,000.00 policy) Balance $ 4,766.10 , 2. state Farm Life Ineurance Policy ($30,000.00 policy) $ 3,898.25 $ 376.00 3. Al\FEs 4. Firet USA Viea $ 4,459.00 s. Parent P1UB Loan Members let $ 5,840.00 6. Membere Firet Credit Union (As of April 10, 1995) 7. providan Bancorp 4428-4713-0001-7703 $ 3,635.47 $ 2,441.54 wife sbsll be responsible snd aasume responsibility for tbe following dsbta, Debt Account # l!a1ance $ 175.00 1. Bon Ton 2. Parent's Plus Loan Member'e First (As of April 10, 1995) $ 4,417.00 11 IIacll pu~)' Ireplre_n~e ~o ~/Ie o~/lelr U.a~. e.~ a- ot/lend_ epeellnca11r eet forth in tllie Agreement, there are no other outetandino ob1ioatiene of the partiee. that aince the separation nslthsr party haa ,contracted for any debt for which the othsr will be rssponsible, that the parties agrss they will not in the future contract or incur any debt or liabilities for which the other party, hi_ or her eetate, might be reeponeible , and esch party indemnifies and holds harmless the other for all obligations separately incurred or anumed under this Agrssment. If any claim or action is initiated attempting to hold the spouse liable for any such liability or obligation, the other spouse shall, at his or her sole expense, defend the innocent spouse against any such claim or action, whether or not well-founded, and he or she shall hold the innocent spouse free and harmless therefrom, and the defaulting spouse ,agrees further to pay the actual costs and attorney fees of the innocent spouse. ARTICLE VI MISCELLANEOUS PROVISIONS Advice of counseL The parties acknowledge that they have had the opportunity to review the provisions of this Agreement and further have had the opportunity to secure legal counsel and advice relative to the legal effect of this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, Wife-Ruby D. WeekS, Esquire and Husband-Brad Griffie, Esquire or that they have specifically chosen, with full knowledge and on their own volition, to not seek legal advice relative to thie Agreement. They further acknowledge that they fully underetand the facts that are the basis of this Agreement. They acknowledge and accept that it io boing entered into freely and voluntarily. after having the opportunity to receive legal advice and with the knowledge that execution of this Agreement is not the result of any duress or undue influence. and further that it i8 not the result of any collusion or improper or illegal agreement or agreemento. 6.2 12 . . eouft.eL ..... ..ch pacty "9'''. to be c..pon.ibl. loc hi. O~ he~ owa, . lev.l I... and .xpen..., .nd .ach p"cty h.c.by a9c... to waive any cl.L. ro~ alimony, aLimony pendente lite, counnel f..I, expenaea o~ coata. _';';':1 6,3 Subeeauent Divorce. It is expreesly agreed that as a condition for the eigning of thie Agreement, both parties agree to consent to the entry of a final Decree divorcing the partiee and that refusal by one party to consent to eaid divorce shall, as in any other breach of thie Agreement, vest the other party with the option to void, all or a part of this Agreement. Monetary damageB, except for legal fees and costs, shall not be available for breach of this Section. 6.4 Mutual Release. Husband and Wife each do hereby mutually rsmise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatoosver, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoevor situate, which he or she now has or at any time hereafter may have 19aLnst such other, the DBtlte of such other, or Iny part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curteey or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse'e estate, whether arising under the laws of (a) Psnnsylvsnia, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hersafter have for past, present, or future eupport or maintenance, alimony, allmollY pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or othe~ wise, except and only except, all rights and agreements and obligations of whatsoevsr 13 . ","n arhLnq or wf\Lch -r arL.. under I.hLa IIQr_t. or for the br~b 01 all)' tbareot. It i. the intantion of Illlaband and MU. to 'iliv. to ..ch etb.r by .xacution of thi. Agreement a full, complete, and general rel.a.. with r..pact to any and all property of any klnd or nature, real or pereonal, not mixed, which the other now owne or may hereafter acquire. except and only except, all right. and agreement. and obligatione of whateoever nature arieing or which may ariee under thi. Agreement or for the breach of any thereof. 6.5 Each party repreeentD that they have not heretofore incurred or contracted for any debt or liability or obligation for which the eDtate of the other party may be re.ponsible or liable sxcept as may be provided for in this Agreement. Each party agreeD to indemnify or hold the other party harmlesD from and againet any and all such debts. liabilitiee or obligations of every kind including thoae for nece.Dities, except for the obligation arising out of thie Agreement. Ilusband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, eave harmless snd keep the other indemnified from all dsbts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of thi. Agr.ement and that neither of them horeafter incur any liability whatsoever for which the estats of thr other may be liable. '} 6.6 No waiver of modification of any of the terms of this Agreement shall be valid unlsss in writing and signed by both parties and no waiver of any breach hersof or default hereunder shall be deemed a waiver of any subasquent default of ths same or similar nature. 6.7 Husband and Wife covenant and agree that they will forthwith execute any and all written instrumente, assignments, releasss, satisfactions, deeds, noteD or such othsr writings as may be necessary or desirable for the proper 14 "'I;". J " ilnplllfllont.tion of thia AII......nt. .nd .. th.ir r..paeth. eoun..l .h.ll IIlIltually , '~j -. j.' , ~'~~:r.~ agree should be eo eKecuted in order to carry fully and effectivsly the term. of thio Agreement. 6.8 This Agreement shall be conatrued in accordance with the laws of the commonwealth of pennoylvania which are in effect aa of the date of eKe cut ion of this Agreement. 6.9 Thin A9reoment ehall be bindinll and ohall inuro to tho benofit of the parties hereto and their respective heira, eKecutora, adminietrators, euccesoors .and assigno. 6.10 This Agreoment constitutee the entire understanding of the partiee and supereedee any and all prior agreements and negotiationa between them. There are no repreoentatione or warranties other than those eKpressly oet forth herein. 6.11 Reconciliation. The partieD agree that in the vent of reconciliation betwoen them. thie Agreement may be terminated by mutual written consent. 6.12 Ssverabilitv If any term, condition, clause or provieion of thiB Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other reapects this Agreement ohall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any olle or more of the articles and sectiono herein ahall in no way avoid or alter the remaining obligationo of the parties. 6.13 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and pereonal, whieh was legally and bensficially acquired by Huoband and Wife, or either of them, during the marriage ao contemplated by the Divorce code of the commonwealth of pennoylvania. 15 . " " 6.14 Disclosure The parties each warrant .nd r.pr...nt to the other that be or she has made a full and complete disclosurs to the other of .11 ....t. of .ny nature whatsoever in which party has an interest, of the sources, and amount Of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreemsnt. 6.15 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties I and any independent action may be brought, either at law or in equity, to enforce the terme of the Agreement by either Ilueband or Wife until it shall have bssn fully eatiefied and performed. The consideration for this contract and agreement ie the mutual benefits to be obtained by both of the partiee hereto and the Covenante and agreemente of each of the parties to the other. The adsquacy of the consideration for all aqreements herein contained ins stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In th~ event either party breaches the aforesaid Agreement and it is determinsd through appropriate legal action that the allegsd party has so breached ths Agreement, the breaching party shall be responsible for any and all attornsy's fees as wsll as costs and expsnses associated with litigation incurred by ths non-breaching party to enforce this Agreement against the breaching party. In the event of brsach, the non-breaChing party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to them or her including equitable enforcement of the Agreement. 6.16 ~:'~,y Date of execution. Tho "date of execution" or Itexecution date" of this Agreement ehall be defined ae the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined .s the date of execution by the party laot executing this Agreement\ 16 . " .1 IN HITNESS WHEREOP, th. partl.a h.r.to hay. ..t th.lr hand. .nd ...1. the ,~:!~;:.~;~ " day and year first above written. ': t~ ,I GEORGE . COBB ~~1f ~ ttl , '.: ~ ! 1 17 1" , , c , " .," r..oo( OH ~~ In 0-1~ il1 f< tlf<~ I1oll!~ 110 fol ::c Hfol'" :z:~ f< . . fol to I 1lI 1lI ~ a~r> Ofoll tl 0-1 1lI 1lI lI! ...... ~110 ~ 8 '" 8 ... 0 ~U1om ll: '" <: u r-", 8 .l1i g H '.. .. "::n...-tn r..~~ u ~ ... . . 'tl ll: ~c.:> .!, H <: In ::c <: 0 M....~.q. Cl '.. > Q) r.. fi1:<:I10'" o 00( .. M '" ~80-1 :z: ~ .... c.:> Q) :z: E-4.).. H .. 110 ll: Cl 0 '" 1lI 0 ... .tJ)tatr-t 8!~ In M M f< Clfi1o-1r- .... Cl c.:> ... lI! I f< ><0'" In M ~....~ ~M '" 110 ~J ,. , ~ '.' ,'.' .. t '. .. ' . .. DEBRA KAY COBB, IN THE COURT OF COMMON PLEAS OF Plaintif f CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW IN DIVORCE GEORGE M. COBB, Defendant 95-1564 CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 1011111iil COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss I, RUBY D. WEEKS, ESQUIRE, Attorney for Debra K. Cobb, being duly sworn according to law, depose and say that a true and correct copy of the Petition for Contempt, was served on George Cobb, at 14 East 7th Street, Waynesboro, Franklin, psnnsylvania, 1726B, by mailing the sams to him by certified mail, No. P 492 357 142, on June 7, 1996. Servics was accsptsd on June 10, 1996. 121.t.1/1 4' a~.t..-- Ruby D. Wesks, Esquire Sworn and subscribsd to bSf~~.!~his -1itiL day 0/ of ..... , 19..L!:l.' N~~~k tf,~ --, "('1'11'';'1 ~r:^l MAJ;'f\.:rr: f..I,Jr.':"I.' It.'<.v'f P,.N...: Ctf~:;:l." C.".~.. .~..'tj~l (.i\l:;/ AI. Ccmrr. ...;t'):ll ~,dl" !..h,' I:' 1';{.7 ..... TELEPI10NE 717,243-1204 c::RuCy !D. rwuk~ ATTORNEY AT LAW TEN WEST 11101. STREET CARLISLE, PENNSYLVANIA 17013.2955 June 7, 1996 . . Hr. George Cobb 14 Eaat 7th Street Wayneaboro, PA 17266 Dear Hr. Cobb. I am, by thle letter, servIng you a copy of the PetItIon for Contempt whIch I flIed with the Court June 6, 1996. If you have any queation. concerning the.., I 8U99ust you contact your attorney, if you have one, 1n that there are specific rlghte which you would be entitled to defend and claIm, and there are time lImIts for your doIng so. You wUl be expected to appear [or the hearing when It Is Det unieos you hftve counnel who will reproaent you at that conference. ^ hearing dat. io BOt for Juno IB, 1996 at 1.30 p.m. Sincerely, rulo-'/ ~ tdLo.1Jv---" Ruby D. Weeko, Eequire ROW. kll EncloBure\ae noted above 01 Deb Cobb certIfIed Hall No. P 492 357 142 . , , , n . ~ r== Ulr,', O~tJ .~ C I' .1. Il'! ' F u 6 '- co c;:; c.:t - ~_:j :::; '.0 tJ' .~) ... 1.2~ \ --~ :.'~ " ');J ~-;0 -!.) ;hl',1 ~:.1 u.. ;'-j U \' ..- c:: - ,(IA. ." DEBRA K. COBB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. GEORGE M. COBB, Defendant NO. 95-1564 CIVIL TERM AND NOW, this ORDER OF COURT (C")llday of June, 1996, upon consideration of the attached letter, the hearing previously scheduled in this matter for June 18, 1996, is RESCHEDULED to Tuesday, July 30, 1996, at 3:00 p.m., in Courtroom No.5, cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Ruby D. Weeks, Esq. Ten West High Street Carlisle, PA 17013 Attorney for Plaintiff Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA l7013 Attorney for Defendant _ t"IJ.~",", 1~,(O:L.l {, I, :r/?(,~ tJ )0\. I. :rc FilFC-Orr-:CE O~ 'I"' fO 1'''''''.''tl'''l!r-I~\( !. to" l:;-;""I,oJ1 " ':h. % JU:ll G i,;; G: fi1i C' ,~i:; .;' j' , . .\ 1...:1..,<.. l~; -' ~_I., _ + ~ I I Pi:NNSYLVmA .." J TELEPHONE 717'243'1294 \ ' I , I i I I I,: , .". cRuGy !D. ~t:ekj. ATTORNEY AT LAW TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013'29llll June 13, 199& The Honorable J. Wesley aler, Jr. cumberland county courthouse 1 courthouee square carliele, PA 17013 REI Debra K. Cobb v. George M. cobb Docket 195-15&4 I have received a letter from Brad Griffie, Eequire requesting a continuance of the contempt Hearing scheduled for June lS, 199& due to hie client'e National Guard duty. This obligation requires him to be away that week. I have contacted my client and there is no objection to a continuance in this matter. Dear Judge Oler, sincerely, ~:2>'I.&~- Ruby D. Weeks, Esquire RDW,kll .... AlED-OFACE OF n-:= Fr-'}iJ-l2~,!aT".RY , ~;.,'" DEBRA K. COBB, 96 r.lJr. - (\ PliJ:M COURT OF COMMON PLEAS OF Plaint~f,(,.. _,: Ct!M,~ERLAND COUNTY, PENNSYLVANIA \,;U",r.;:'i"'.J:!~! C;.;UI~fY PENNS;YLVfb1VIL ACTION - LAW IN DIVORCE v. GEORGE M. COBB, Defendant 95-1564 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of July, 1996, upon consideration of the Plaintiff's Petition for contempt, and " pursuant to an agreement between the parties reached in open court, it is ordered and directed as follows: 1. Within 20 days of today's date Defendant, George M. Cobb, shall produce written confirmation from Source One Mortgage Services corporation that the debt due and owing from the parties to account number 12126801-4 has been either refinanced or has been processed to remove the name of Debra K. Cobb from any and all documents, including but not limited to the mortgage and the note due under that account number. 2. Within 60 days of today's date the Defendant shall pay to the Plaintiff the sum of $7,000.00, together with interest accrued at the rate of 7.5 percent per annum from January 16, 1996, to the date of payment. In the event that payment in full of principal and interest is not paid within 60 days of the date of this order, any amounts presently being received by the Defendant for the rental of the property located at 199 Limekiln Road, Carlisle, shall forthwith be forwarded to the Plaintiff to be credited against the $7,000.00 sum due until the sum together with interest is paid in full. , .' - By the Court, ~ Ruby D. Weeks, Esquire For the plaintiff Bradley L. Griffie, Esquire For the Defendant ~~ ,,)l""l~Cc<( 8/81'1". ,...1 ' of , :lkt DEBRA K. COBB, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE v. GEORGE M. COBB, Defendant No. 95-1564 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of March, 1997, upon consideration of Plaintiff's Petition for Contempt, which was the subject of a scheduling Order of Court dated December 2, 1996, and following a proceeding at which the Plaintiff was present with her counsel, Ruby D. Weeks, Esquire, and the Defendant, who was not present in court, was represented by his counsel, Bradley Griffie, Esquire, and pursuant to an agreement of counsel, the Court finds that the Defendant has failed to comply with the Order of Court dated July 30, 1996, to the extent that he has failed to pay interest to Plaintiff in the amount of $441.51, that attorney's fees have been incurred by the Plaintiff with respect to this matter since July 30, 1997, in the amount of $934.20, and that Defendant has failed to supply proof that the mortgage involved in this case has been satisfied pursuant to the July 30, 1996, order. Pursuant to further agreement of counsel, the record shall remain open for a period of two weeks from today's date, until March 17, 1997, in order to enable the Defendant to provide evidence, if he is able, for the record that the mortgage has, in fact, been DElJRA K, CODB, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW Plaintifi' vs, GEORGE M, COBB, Defendllnt NO, 95-1564 CIVIL TERM EXII/IJ/T Pursuant to the Court's Order of March 3, 1997 in the above-captioned matter lIttached hereto for admittance to the record is II Satisfaction Piece from SourceOne Mortgage Services Corporation conlinlling that the mortgage due and owing from George M, Cobb lInd Debra K. Cobh, docketed in the Recorder of Deeds ollice in and for Cumberland County in mortgage book 1050 page 922, which was assigned with the assignment recorded at miscellaneous book 413 page 160 has been paid in full, The second document is a photocopy of the original Note which has likewise been marked paid in filiI. The Note being the original Note dated FebrulIIY 20, 1992 from George M, Cobb and Debru K. Cobh to Avstar to.lortgllge Corporation, Attached hereto is a photocopy of the check from the escrow account of Bradley L, Grime, Esquire, attorney of record for George M, Cobb, reflecting payment in the amount of FOUR HUNDRED FORTY.ONE und 51/100 ($441.51) DOLLARS to Debra K, Cobb Whurnm, ~ dbl'~. ~r U::.NlkJof ./.1, aft JLI":) ~ote , f'#.IUI\W /OJ.I:>Pa'Uj -, 7001140 ',' fEBRUlRY 2D .\, 92 HARRISBURG 1Clt71 138 LIMEKILN ROlD, CARLISLE. Pl (...,....,~ P&HNSYLVlNIA (Slalll 17013 PA\O IN FULL \. BoueWU'S nellllSE TO PAY Ia..-. I. . 10&0 1M' I.... .-- 1__ 10 "1 U.s, I 75.000,00 (!WI __ .. oolW '~"I, ,............ 10....... 0/ 1M.....,,... ~ Ir lVSTAR MORTGAGe CORPORATION I ....' . tIoal .... ~ .., _ ... _ 1\0 ~ .. "10M .... tUao !WI NolO _, _ ... ..... Ir ._ 10 _ po,_.. .... WI _ .. _ IIot "lI... 1IoWrr". 2. IllTDEST 1&_ .m "'......... . ..,.w prioolpoI .UI tIoa /aU _I 01 .........1 100 _ ,.w. I wUl .., Ia_ .1 . :r-I, _01 7,50..., 1\0 Ia_ .... ....oInd ~,.... __ 11r 1M.... I .nn.., _........ aaI "... .., tIolooll -..... io Sac.... lCBI alb_ 1, 'A Y1C!.'iTS 1.0 Tl_ ... .- of "",-.to I .nn .., prioodpd _ .._ " ~ ",_.. -r _tL I W\U IlIU "' _1IiI, ..,.... . IIot lST"'y oj _ _Ill -..-.., . APRI L 1 . I' 12 . I W\U _ _ ",.... -r _ .1iI1 .. .... &II 01 ... ,,1odpoI ... -- ....7' - obarr- ___ ....... tIoal I .., _ .... WI H.lo. W, _~, ..,.... will bo ...,zw .. Ia_ loolon prIooIrol. II, . lURCH 1. 2007 .lnlU__"'" WI-.lariD,,'__..IaIall.a.I...."'IdI.. ..W die .utvitJ ..... Iwill_II,_lIiIypo,-&1 P.O. BOX 15U. 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'DCm RATlI NOlI- ,Ing" ~-n&WflU4O IHI'DIlN Il'CS'TIM<<HT 'onn :I2llIl D..m 1'I1l1 1 01 Z '''''': I '-oDOI-lO .", .. TOTA... PlGl. e:l .. !;l", ~M o o IJ") M ~ z ::> c 5 ~ z ~ .. 1;1 lJJ IE 1(10-: _......."',., ~;;a~~ ,,-,000 ..Jotjtl'lz< <~oo(Q. >-o:ui~ L&J wl-V1 ..J5Eo::i Cll:Jii:~~ < ",8 0:: N lD ...-- II) II: ~ ..J o o , , ~ " ~ ~~ <Ul lIlz ~ffi 0" .... ~~ 0:0 olii ~ o ~ ! rJl 5 . ~ i ~ ~ rn e ... ~ i rn !It ! ~ ~ i - ~ ~ fi o ~ o " 111 ~ ... ~ o CJ ~ ~ : " .1 . "I; 0'1 ", '" ...... ( I; I' j ~ , l,.l ~ , , (..-" r-' " , (':" i;. 1,:.1 j:- - , ,", ro' L) \....., ... DEBRA K. COBB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. GEORGE M. COBB, Defendant NO. 95-l564 CIVIL TERM ORDER OF COURT AND NOW, this I I.{ ttday of March, 1997, upon consideration of Plaintiff's Petition for Contempt, of the Exhibit filed by Defendant on March 13, 1997, and of the letter dated March l3, 1997, from Plaintiff'e counsel, Ruby D. Weeks, Esq., which letter is attached hereto, the record is declared closed and Defendant is directed to pay counsel fees to Plaintiff in the amount of $934.20 within sixty days of the date of this order. BY THE COURT, J Ruby D. Weeks, Esq. Ten West High street Carlisle, PA l7013 Attorney for Plaintiff Bradley L. Griffie, Esq. 200 North Hanover street Carlisle, PA l7013 Attorney for Defendant _ {'.....u.:."-(~l.u.t...l3Jl<f/q'l, --(J ~"\) . , ' :rc "',- ! , .' -, I "./: ! , , , , ~ : ~_J '..,