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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNA.
LINDA M. KOHR
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Plaintiff
N (). ,..95-4,384, ,CIV,H,.. TERM
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DECREE IN
DIVORCE
AND NOW,.. ..~~~.. J'J......,' 19 ..9.~"
it is ordered and
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decreed that .",..... ,~~~?,~, t:':, .~,?1;1!=,.. , , , " . , . ,. .. .. . , ., . . .., plaintiff,
and.""" " '.'.',,'., r,e,r:z;y. .L,., ,!,<!'}1.r:".. "....'"", .,..." 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;
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NONE; the attached agreement between the parties dated December
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18, 1995 is incorporated but not merged."into this divorce decree.
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A qs- 4-3 fit-
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this i .'i/ day of A(\ (' ( ,nh ('l, ,1995, by and
between TERRY L, KOHR, hereinafter referred to as "Husband", and LINDA M, KOHR,
hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married June 27,
1977; and
WHEREAS, the parties have two children born of this marriage, STEVEN DANIEL
KOHR and DAVID MICHAEL KOHR; and
WHEREAS, the parties have acquired both assets and debts during the course of their
marriage;
WHEREAS, differences have arisen between Husband and Wife, as a result of which
it is the desire of the parties after long and careful consideration, amicably to adjust,
compromise and settle all property rights and all rights in, to, or against each other's
property or estate, including property heretofore or subsequently acquired by either party,
and to settle all disputes existing between them, including any and all claims for
maintenance, support, alimony, equitable distribution, counsel fees, and costs; and
WHEREAS, it is the mutual desire of Husband and Wife to reduce their agreement
to writing; and
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
agreements hereinafter contained, each of the parties hereto, intending to be legally bound
hereby promises, covenants, and agrees as follows:
1. Parties to Live SeDarate and ADart
The parties mutually agree to live separate and apart as though the parties had not
been married. Neither party will molest the other, or compel the other to cohabit or in any
way harass or malign the other, nor in any way interfere with the peaceful existence of the
other,
2. Personal PrQoerty
Husband and Wife have divided all personal property which would constitute marital
property, Wife agrees that any property in the possession and control of Husband at the time
of the signing hereof shall be the sole and separate property of Husband; and Husband agrees
that all property in the possession and control of Wife at the time of the signing hereof shall
be the sole and separate property of Wife.
Each of the parties does hereby specifically waive, release, renounce and forever
abandon whatever claims, if any. he or she may have to the sole and separate property of the
other,
3, AutomobllCll
Husband will retain ownership of the 1986 Ford 150 Pickup and agrees to assume full
responsibility for any loans secured by this vehicle. Husband shall indemnify and hold Wife
harmless with respect to any such loans.
Wife will retain ownership of the 1986 Buick LeSabre against which there are no
liens.
Each party hereby transfers all right, title and interest in said vehicles and agrees to
sign any title or other documents necessary to transfer ownership of said vehicles within
thiny (30) days of the signing of this Agreement.
4. Marital Debts
Husband and Wife each covenant, represent and agree that each will now and at all
times hereafter save harmless and keep the other indemnified from all debts, charges and
liabilities incurred by the other prior to or after the effective date of this Agreement, except
as may be otherwise specifically provided for by the terms of this Agreement.
Husband assumes and agrees to pay and hereby agrees to hold Wife harmless on the
following joint debts and obligations:
1. Chevy Chase, account #4246152011031361, with an approximate balance of
$7,356.61.
2. First USA, account #4417-1226-2212-6663, with an approximate balance of
$5,689.11.
3. Sears, account #554672513518, with an approximate balance of $1,044.03.
Husband further assumes and agrees to pay and hereby agrees to hold Wife harmless
on the following debts which are solely in Husband's name:
1. American Express, account #3783-750539-51000, with an approximate balance
of $1,335.74.
2. OM Card, account #5437-0306-1132-7767, with an approximate balance of
$6,415.26.
3, AT&T, account #5398-4300-2473-6579, with an approximate balance of
$3,322.45.
4. Discover, account #6011002700151632, with an approximate balance of
$1,045.89.
Wife assumes and agrees to pay and hereby agrees to hold Husband harmless on the
following joint debts and obligations:
1. Value City, account #7-001-086-000159916, with an approximate balance of
$844.64.
2. Montgomery Ward, account #095-297-269, with an approximate balance of
$749.00,
Wife further assumes and agrees to pay and hereby agrees to hold Husband harmless
on following debts which are solely in Wife's name:
1. First North American National Bank Visa, account #4053-5500-0563-8996,
with an approximate balance of $1,200,00.
2, Star Bank Visa, account #4897-0600-2023-9788, with an approximate balance
of $5,600.00.
3. Discover, account #6011-0021-5253-5340, with an approximate balance of
$475.00.
4, JC Penny, account #085-143-855-6-3, with an approximate balance of $23.46,
5. Spiegel. account #33-1362-891-3, which currently has a zero balance.
6, Blockbuster Entertainment Visa, account #4746-8100-0470-0830, which
currently has a zero balance.
7. Boscov's (New account - no balance),
5, Real PrQoertv
Within thirty (30) days of the signing of this Agreement, Husband will transfer to
Wife by special warranty deed all of his right, title, and interest in the marital real estate at
507 Market Street, New Cumberland, Cumberland County, Pennsylvania, Husband shall be
responsible for all costs for this deed transfer. Wife shall be solely responsible for the first
and second mortgages with York Federal Savings and Loan secured by this property and
shall indemnify and hold Husband harmless with respect to these mortgages.
6. SuuDOrt for Minor Children
Husband shall pay to Wife the sum of Two Hundred ($200,00) dollars bi-weekly for
the support of the two children or such other amount as a court of competent jurisdiction
shall determine based upon changed financial circumstances of the panies and the needs of
the children. Husband's obligation to make child suppon payments shall terminate when the
child dies, reaches age eighteen (18), is married, or is otherwise emancipated, whichever of
these events shall first occur. Husband's obligation shall not survive his death and shall not
constitute a charge on his estate. After the children reach age eighteen (18) years or
complete their high school educations, Husband and Wife both agree to provide for the cost
of the child's post-secondary education, in the proponion which each pany's income bears to
the total family income, with the assumption that the children will also contribute to these
costs through employment and/or loans.
Both panies agree to keep in effect in least $100,000 of life insurance made payable
to the minor children to provide care, maintenance and educational expenses for the minor
child.
7. Allmonv and SUDDort for Self
Husband and Wife are presently employed and employable and waive all claims
against the other for maintenance, suppon, alimony, or alimony pendente lite which may
arise out of the marital relationship.
8. Custodv and Visitation
The panies, believing that it is in the best interests of their children for the panies to
determine custody and visitation issues by agreement, agree that they shall share joint legal
custody of the two children. Wife shall have primary physical custody of both children,
Husband shall have temporary physical custody of the children for purposes of
visitation every other weekend from Friday at 5:00 p,m, until Sunday at 3:00 p.m.
Husband shall have the right of temporary custody for purposes of visitation with both
children every Tuesday evening from the time Husband picks up the children at
approximately 6:00 p,m. until 11:00 p.m,
The parties agree that all holidays will take precedence over the schedule set forth
above. Christmas, Christmas Eve, Thanksgiving, Easter, Memorial Day. and the children's
birthday will be split between the parents. Memorial Day, July 4, and Labor Day shall be
alternated between the parties, beginning with Memorial Day, 1996, which will be spent with
Wife. Mother's Day and Father's Day shall be spent with the appropriate parent.
Husband shall have the right to extended visitation of at least one week during the
summer, including the weekends on both ends of the selected week, Wife shall also have the
right to take the children on a one week's vacation, including the weekends on both ends of
the selected week without interruption by Husband's visitation. Both parties shall give as
much notice as is possible, but not less than three weeks' notice of the selected summer
vacation week.
Absent emergencies, Husband agrees that he will give forty-eight hours' notice to
Wife if he does not wish to keep the scheduled visitation. Similarly, Wife will give forty-
eight hours' notice if she wishes to change the scheduled visitation. Both parties understand
that the children will not go if they are ill.
The parties agree that it is in the best interests of the children to work together and to
look primarily to the children's best interests in arranging temporary custody and visitation.
To that end the parties agree that these minimum established visitation schedules may be
modified at any time by either party Wilh the consent of the other, and Wife desires to make
clear in this agreement that reasonable visitation will not be denied Husband so long as
appropriate prior nOlice is given by Husband of his desires.
9. Waiver of Interest In Retirement
Husband and Wife expressly waive and relinquish any right, claim, title or interest in
any pension, profit-sharing, retirement, credit union or any other employment-related plans
in which the other has any interest, whether vested or unvested, matured or unmatured.
10, Lel!aJ ReDresentatlon
Husband and Wife declare that each has had a full and fair opponunity to obtain and
consult with legal counsel of his/her selection and that the panies, cognizant of their legal
rights, declare and express that:
a) Wife is represented by Debra K, Wallet, Esq.; and
b) Husband, having been advised that it is advisable and desirable to be represented
by counsel, has willingly and Ia.owingly decided not to be represented.
11. Mutual Dlscharl!e
Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife
relinquishes her inchoate intestate right in the estate of Husband. and each of the panies
hereto for himself or herself, his or her heirs, executors, administrators or assigns does
remise, release, quitclaim and forever discharge the other pany hereto, his or her heirs,
executors, administrators or assigns, or any of them, of any and all claims, demands, of
whatsoever kind or nature for or because of a matter or thing done, omitted or suffered to be
done by said pany prior to and including the date hereof, except that this release shall in no
way exonerate or discharge either pany hereto from the obligations and promises made and
imposed by reason of this Agreement.
12. No-Fault DIvorce
An action for divorce has been instituted by Wife in the Coun of Common Pleas of
Cumberland County docketed to No. 95-4384 Civil Term, alleging that the marriage is
irretrievably broken and requesting a no-fault divorce under Section 3301(c) of the Divorce
Code,
It is hereby agreed that the marriage is irretrievably broken and that upon execution
of this Agreement, both panies will execute affidavits of consent to the entry of a Decree in
Divorce under Section 3301(c) of the Divorce Code.
If the contemplated divorce is not granted within twelve (12) months from the date
hereof, this Agreement shall be null and void and of no further force and effect.
13, Execution and Dellverv of Documents
The panies hereto agree to execute and deliver all papers needed to effectuate the
terms and intentions of this Agreement.
14. Breachinl! Partv Pavs Costs
If any party breaches any provisions of this Agreement, the other party shall have the
right, at his or her election. either to sue for specific performance or for damages for such
breach, and the party breaching this Agreement shall be responsible for reasonable legal fees
and costs incurred by the other in enforcing his or her rights under this Agreement.
15, General Provisions
This Agreement encompasses all agreements between the parties concerning the
matters set forth herein and may not be altered or omitted except in writing executed by the
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parties; the waiver of any term, condition or provision of this Agreement shall in no way be
deemed a waiver of any other term, conditions or provisions of this Agreement.
If any term, condition or provision of this Agreement shall be determined to be void
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (Ju,.-/nb-UllaAd
On this, the iX..... day of 1;,1, (Jf711J /:; e JL. , 1995, before me, the undersigned
officer, personally appeared TERRY L. KOHR, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within Agreement, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF. I have hereunto set my hand and notarial seal.
Nora'lal Seal
C Jaml E, Olltlon, Notary P\Allfc
....':re..'!~L~o, Cumbarl4nd<:ountY
..., _'M'''''''' ExplIe. No., 23, IBM
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,' PENNSYLVANIA
NO. 95 - 4384CIVIL 19
LINDA M. KOHR.
Plaintiff
VB.
TERRY L. KOHR.
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record. together with the following information, to the court
for entry of a divorce decree:
.3301
1. Ground for divorce: irretrievable breakdown under Section (~(c))
<C~~M (1) of the Divorce Code. (Strike out inapplicable section.)
2. Date and manner of service of the complaint: August 16. 1995
Certified mail. return receipt requested
.
3. (Complete either paragraph (a) or (b) .)
(a) Date of execution of the affidavit of consent required by
December 18. 1995
Section
..3J01
~(c) of the Divorce Code: by the plaintiff
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by defendant
December 18. 1995
.
(b) (1) Date of execution of the plaintiff's affidavit required by
3301
Section ~(d) of the Divorce Code:
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.
(2) Date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending: N/A
5. Indicate date and manner of service of the notice of intention to file
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praecipe to transmit record, and attach a copy of said notice under section ~
(d)(l)(i) of the Divorce Code.
.-.hOlM" N. "'........ .....
Attorney for (Plaintiff)
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
LINDA M. KOHR,
Plaintiff
No. 15"-L/3'iLf ~ -r~
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IN DIVORCE
TERRY L. KOHR,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set
forth in the following pages, you must take prompt action. You are warned that, if you fail
to do so, the case may proceed without you and a decree of divorce or annulment may be
entered against you for any other claim or relief requested in these papers by the Plaintiff.
You may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counselling. A list of marriage counselors is available in the
Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY.
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Court Administrator
Cumberland County Courthouse
4th Floor
1 Courthouse Square
Carlisle. Pennsylvania 17013-3387
(717)240.6200
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
LINDA M. KOHR,
Plaintiff
No.
v.
IN DIVORCE
TERRY L. KOHR,
Defendant
DIVORCE COMPLAINT
1. The Plaintiff is LINDA M. KOHR, who currently resides in Cumberland County.
with an address of 507 Market Street, New Cumberland, Pennsylvania, 17070.
2. The Defendant is TERRY L. KOHR, who currently resides in Cumberland
County, with an address of 520 Reno Avenue, New Cumberland, Pennsylvania, 17070.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on June 25, 1977 in Mechanicsburg,
Cumberland County, Pennsylvania,
5, There have been no prior actions of divorce or for annulment between the parties,
6. Divorce is sought pursuant to the provision of the Divorce Code, Section 3301(c).
in that the marriage is irretrievably broken.
7, The Plaintiff has been advised of the availability of counselling and of the
Plaintiffs right to request that the Court require the parties to participate in counselling and
does not request same.
8, Defendant is not a member of the armed services,
WHEREFORE. Plaintiff requests your Honorable Court to enter a Decree in Divorce,
divorcing Plaintiff and Defendant.
Respectfully submitted,
\.O.t.III1J. -to ....'1..... 1'"
Debra K. Wallet, Esq,
24 North 32nd Street
Camp Hill, PA 17011
(717) 737-1300
I.D, #23989
Attorney for Plaintiff
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EXHIBIT
A
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY . PENNSYLVANIA
UNDA M, KOHR
Plaintiff
v,
No. 95-4384 CIVIL TERM
IN DIVORCE
TERRY L. KOHR
Defendant
AFFIDAVIT OF CONSENT
1. a. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on August 16, 1995,
b. I hereby acknowledge receipt of a copy of same.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I have been advised of the availability of marriage counselling. I understand that
the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is
available to me upon request, and being so advised, I do not request that the Court require
marriage counselling.
5. I understand that I may lose my 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. fi4904 relating
to unsworn falsification to authorities.
Date: '.21d95 ~j,uc:::::m, ~
r, L~ KOHR
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY . PENNSYLVANIA
UNDA M. KOHR
Plaintiff
No. 95-4384 CIVIL TERM
v.
IN DIVORCE
TERRY L. KOHR
Defendant
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
1I330UC) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony. division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary .
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. ~
4904 relating to falsification to authorities.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
UNDA M. KOHR
Plaintiff
v.
No. 95-4384 CIVIL TERM
IN DIVORCE
TERRY L. KOHR
Defendant
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
1I330UC) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary .
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. ~904 relating to
falsification to authorities.
DATE: /-.?9-Ji:
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TE . KOHR