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HomeMy WebLinkAbout95-07190 ., ~ J ~ J ~ - r- \ ~ ! ...:\~t ~ ~ WAYIIP. F. SIlADB A_ II Law S3W........,..._ CutitIc. r-qlv.... 1701) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this .:3/d day of ~ 1997, at Carlisle, Cumberland County, pennsY1Va~ia, by a~ between W. ROLAND COOPER, JR., of Exton, pennsylvania (hereinafter referenced as "Husband") AND MARY BETH HELMS COOPER of Camp Hill, Pennsylvania (hereinafter referenced as "Wife"). ARTICLE I SEPARATION 1.01 SeDaration of Parties. Differences have arisen between the parties as a result of which Husband left the marital residence on November 2, 1995; and the parties have been living separately and apart since that date. 1.02 Intention to Live ADart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE IT ENFORCEABILITY AND CONSIDERATION 2.01 Eauitable Distribution of Marital ProDertv. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a manner which conforms to the criteria set forth in 5401 of the PlAINT1FPS . EXHIBrT I 9.\!,.<l& lllf" . p.nn.y,v.ni. Divorn. nod., .nd t..in' into .onount the 'o"owing non. id.r.t ion. , AnY prior .."i.... 0' tho p.rti..' th. ..., h..'th, .tetion, ..ount .nd .ource. 0' inno'.' von.tion.' ..i".' ...,.,.bi'ity, ..t.t., 'i.bi'iti.. .nd o.ed. 0' .... 0' th. p.rti.., tbe nontribetion. 0' ..nh p.rty, tho opportunity 0' .... porty 'or 'utur. an.ui.ition 0' napite' ....t. and ,.none' th. .ourn.. 0' inn". 0' .... party, inn,uding, bet not 'initnd to, medical, retirement, insurance or other benefits; the nontribetion or di.sipation 0' .a" party in the aoquisition, pr...rVation, d.pr.ni.tion or .pprnniation 0' earite' propertY' inn,uding the nontribution 0' .anh p.rty as h......er' th. va'u' 0' the property set apart to .... party' the standard 0' ,iving 0' the parties estab'ished durin' th. na"ia.e, and tbe economin . nirnu.stnnnes 0' .... porty .t tbe ti.. th. division 0' property is to become effective. ... division or enistin. ..rita' property is not inteoded bY tbe partie. to nonstitute in .nY"y a sa'e or ennban'. 0' assets, and the divi.ion is b.ing errented without the introduntion 0' outside 'undo or otb.r property not nonstituting .arita' property. ... division or property under tbis Agreement Sh." be in ,u" s.tis,.ntion 0' .,' ri.bts 0' .quitnb'e distribetion 0' the parties. 2.D2 lrnornnra,inn and MerO.r. ..is A.re..ent sb'" b' innorporated but not mer.ed in tbe denree 0' divorne nontemp,.t.d berein. ..is A.ree.ent s.." surVive any .ntion ,or divorna and d.oree 0' divorne and, un,ess otberwis. set rorth b.rein and, ennept a. to issues or nbi'd support (whinb naY be ..di'i.b'e to W"YlIl! F. S\W>1! ,,_ .. \AOI 5lWtJrtPoml"'- Corlltlo.-".... 170" -2- . W A YNI! F. SHAD! A_ "lAw .13 w... ,..,,'" _ CaIlIoIo, ....,..... 17013 pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and nseds of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, incl~ding the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, 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. 2.02 Incorooration and Meraer. This Agreement shall be incorporated but not merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein and, except as to issues of child support (which may be modifiable to -2- WAYNE F. SHADE A_ II Law lIW"'_"'_ c.rlitlc.1'IooIy1Y1IIla 17011 the extent permitted by law), shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement' are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein cont~ined is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Aareement Predicated on Divorce. It is specifically understood and agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for prosecution to conclusion of the pending action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the -3- speoitic purpose ot inducing Husband and Wite to execut~ the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible olaims that this Agreement is, tor any reason, illegal or for any reason whatsoever ot public policy, unentoroeable in whole or in part. Husband and Wife do eaoh hereby warrant, oovenant and agree that, in any 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. ARTICLE ill EQUITABLE DMSION OF MARITAL PROPERTY 3.01 Eauitable Division of Real Property. There is no marital real property which requires division. 3.02 Eauitable Division of Personal Property. WAYNI! F. SHADE ^_ "lAw 53 Wat ""rcc IIrod c.rtide. r-.ylnola 170)) (a) The furniture, household goods and other similar untitled personal property have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or -4- control of the party, unless provided otherwise in this Agreement; (b) The parties agree that Husband shall retain possession of and receive as his sole and separate property the 1995 Chevrolet Cavalier, along with all rights under any insurance policy thereon, and the responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, and Husband shall indemnify and hold Wife and her property harmless from any liability, cost or expense, including attorney's fees, incurred in connection with the vehicle transferred to Husband by the terms of this subparagraph. If permitted by GMAC, the loan on Husband's vehicle shall be transferred to Husband's sole name; WAYNB F. SHADe A_........ nw........,........ Catliole. -.,.IY... 1701) (c) The parties agree that Wife shall retain possession of and receive as her sole and separate property the 1995 Chevrolet Blazer, along with all rights under any insurance policy thereon, and the responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, and Wife shall indemnify and hold Husband and his property harmless from any liability, cost or expense, including attorney's fees, incurred in connection with the automobile transferred to Wife by the terms of this subparagraph. If permitted by GMAC, the loan on Wife's vehicle shall be transferred to Wife's sole name; Cd) The parties will execute and deliver any documents necessary to formally release their rights in or claims to the employee benefits, including without limitation, employee -5- WAYMl P. SIIAIlB A.....,. II Lft nw...__ CuIiIIII, 1\.-,1...... 11011 pension, stock, protit sharing and savings plans, it any, ot the other; and (e) The parties will execute and deliver any documents necessary to tormally release their rights and all claims to the lite insurance ot the other. ARTICLE IV DEBTS OF PARTIES 4.01 Debts. Husband will assume full responsibility for and indemnify Wife from any liability for any and all obligations to the United states Internal Revenue Service which were incurred prior to the date of separation of the parties. Husband will also assume full responsibility for and indemnify Wife from any liability tor legal fees owed to Rhoads and Sinon, L.P. in the amount of One Thousand Eight Hundred sixty-seven and 81/100 ($1,867.81) Dollars as reflected on the billing memorandum dated August 6, 1996. 4.02 Post-SeDaration Obliaations. Each party represents to the other that, except as specifically set forth immediately above, there are no outstanding obligations of either of the parties hereto for which the other would be responsible and that since the separation neither party has contracted for any debts for which the other will be responsible. Each party indemnities and holds harmless the other for all obligations separately incurred or assumed under this Article IV. ARTICLE V CHILDREN 5.01 CUstodv. Custody of the minor child of the parties will be resolved outside the terms of this Agreement. -6- 5.02 SUDDort. Husband will agree to maintain child support at the current level indicated in tho Order ot January 5, 1996, until Katherine reaches the age ot eighteen (18) and is graduated from high school unless there is a substantial, involuntary decrease in his income. 5.03 Education. Husband would pay one-halt of Katherine's college room, board and tuition up to a maximum amount equal to one-halt of the college room, board and tuition costs at Penn state University (state College campus) per year for the years during which Katherine attends college, so long as Katherine ente~s college immediately after high school, is registered continuously as a full time student and completes college in sixty (60) months or less. The foregoing conditions on Husband's obligation shall not apply if Katherine is prevented from meeting those conditions due to medical/health reasons or circumstances beyond her control. 5.04 Health Insurance. Husband shall provide health insurance coverage for the child of the parties if it is available to him through his employer at no expense to him. If health insurance becomes an expense to him, Husband shall be responsible for seventy-five (75%) percent of the cost of health insurance for the child. ARTICLE VI ALIMONY WAYIIB F. SHADB A_" Law l)w........,"'_ CutIoIc. ~ 1101) 6.01 Waiver. Each of the parties waives alimony generally. Spousal support shall terminate as of the date of delivery to -7- WAYNB F. SHADB A_"lAw the terms of this Agreement. lIW........,"'..... CarIioJo, ra..y1..a1a 17011 >. . Wife's attorney of Husband's signed Affidavit of Consent, Waiver of Notice and this Agreement executed by Husband. ARTICLE VII COUNSEL FEES 7.01 Waiver. Each of the parties waives claims for counsel fees generally. ARTICLE vm GENERAL PROVISIONS 8.01 Income Tax Conseauences. Except as otherwise set forth in Article IV herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 8.02 General Release of All claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 8.03 Subseauent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of -8- WAYIIP. F. SIIADB A_ II Law 53W........,"'_ CuIiok. r-oylnala 17013 8.04 waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' s~ouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codlcils of the other party now or hereafter enforced; (b) to share in the other parties' estate in cases of intestacy; and (c) to act as executor or administrator of the other parties' estate. 8.05 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. -q- 8.06 Full Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to the subject matter of this Agreement. These disclosures are part of the conslderations made by each party for entering into this Agreement. 8.07 Riaht to Live SeDaratelv and Free from Interference. Each party will live separately and apart from the other at any plac~ or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. WAYNE F. SHADe A_ ..lAw "w........,........ Cu\iIIe. ......,."... 1701) 8.08 Aareement Voluntarv and ClearlY Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counselor, having had the opportunity to do so, having decided not to do so; . ^ (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and (e) Fully ~nd completely understands each provision of this Agreement, both as to the subject matter and legal effect. 8.09 Comnliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. 8.10 ~efault. If either party fails in the due performance of a~y of his or her material obligations hereunder, the party not in default will have the right to nct against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non- breaching party. 8.11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 8.12 Successors and Assians. In the event of the death of WAYNe P. SHAD! A_IOu.. 51 W.. ....,..._ Corlitk. .....,1...11 170IJ either party prior to the issuance of a Decree in Divorce, this Agreement shall survive the death; and all property, whether jointly or separately owned, shall be divided under the terms of -11- this Agreement between the estate of the decedent and the surviving spouse as though the Decree had issued prior to the death. Except as otherwise expressly provided herein, this Agreement will ne binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. 8.13 Law Governina Aareement. This Agreement will be governed by and will be construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof. 8.14 Condition Subseauent. This Agreement is expressly contingent upon the filing of the Praecipe to Transmit the Record and other necessary documents to obtain a Divorce Decree by Wife's attorney within twenty (20) days from the date of this Agreement. If this condition subsequent is not satisfied, this Agreement shall become null and void. 8.15 Date of Aareement. The "date of this Agreement' shall be deemed to be the date on which the last party executes the Agreement and has it notarized. IN WITNESS WHEREOF, the parties hereto have hereunto set W A YNB F. SIIADB A_" Law 53 WOII ,...,... _ CutitII. "'-1''''- 17011 -12- WAYNll F. SHAlIB A_ ..lAw 5JW"'.....,..._ CarIloII, "'-7lYooIo 170IJ their hands and seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed and Delivered in the Presence of: dir EC2ul4 /J. ~ c:t- h W. Roland Cooper; Jr. (SEAL) tf)~~rlJ<r (SEAL) -13- .. WAYIIl! F. SHADE ........,...1Aw " Wcat Pomtn:c SInd CatIiIk, "-'11v.... 17013 COMMONWEALTH OF PENNSYLVANIA ) ) S5: COUNTY OF CUMBERLAND ) On this, the Jld day of :j~~ person lly appeared , 1997, before me, the undersigned officer, W. ROLAND COOPER, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 0' ,- ~u<J.i1~ r-' Notarial Seal ConnleJ. Trill. Notary Public Carlisle, Cumberland County My Commission Expires Oct. 5. 2000 --l COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the J MARY BETH HELMS day 0 , 1997, before me, the undersigned officer, personally COOPER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein :..: ~ contained. ...... . '..\ ~.''''.. IN WITNESS WHEREOF, I hereunto set my hand and official seal. u:l::r;;l! Spal . Chor1vn Y. ~l~m~~, !'l.:>t~'y ~U~I~ , "'0". 1 ,...l..,,~ .'''-' . ... 1..(.....r....C.,l.r,t\ ''''' ....,,1 ,10 .,", '. " . 15.." My Camm::!:....- ::.X~ :.:-:. ,:'y 1i'J, ~.' Moo1tCf.Pcnn...~,~otNot.Jnes -14- . '. .- -,. '~'. .-' -.- '''''.-'-''- -..-. -'~"'-' -" -.-. - '~"""~"""-j.t1fl. ~'._.... ....... '.-- '..- -- '-' --. '- -- --- .'~, -- -.w-~ '-, '..",," '.,., .~. '.-- '..-' '..-' ....,.. .....-. -~..~. . ~' .--.. ~"".1 ~ - ~. 8 ~ . ;~ ~ : IN THE COURT OF COMMON PLEAS : ~ ~.' ~ ~ ? ~ ?_- ?.-;. ->>:. oz. . . ~ .'~ a .' g e !i! ~.I " !' " " .". ~ ~ ,'. ~ .'. " ~ <:" '. ~ OF CUMBERLAND COUNTY STATE OF '*' PENNA. S $ ~ S S " ", "W<RX.!l~ILgp,P'~.I."......... ..........."......".."........... 'I ........"........ "" .""... !?l!!;.~.t;:.iJ~."...................... .......... II II II N (). ...~S::::u.?Q..... ................. $ " " Vel'OIlS t ,. ..\'!;rLr,;r~..R.....gp,p.~I..... ... .........".......".......... ....."......I),e,fl!'.~t...................... s .,,; ~ ." s " " DECREE IN DIVORCE ~ '.' ~l ~ ~ ~ .' AND NOW, .... .F1!,b.r:u.a.ry, .l.2.,...... .. . .. '. 1 ~'L .. ., It Is ordered and decreed that ..~r;:(.~~.~~r;................................ plaintiff, and . . . . . . . !'I).,l,l).!IfII. ~." ppp~.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: TJl.e. .PJ;QV~/il~Q~. of. .t;I111.I'!:'9Pt!r1:r. ~ttJ.enJElnt .ano. Separation. Agreement .dateCI J~?~~rY,.~~~.~~~?~~.~~~~~~~.h~~~~q.~~~.~~~9~P9~~~~.pp~.PPk.~~~.~nt;q this Deer . Dy Th.. Courl: fsl..;). W!!lileyOle,l;,..Jr.. . All".!:. Lawrence E. Welker, Prothonotary J. . ~thrL .J.(. ~k'2t..P~Olh~~~ia~y.... _ rFIl'T'TFTRn r,CleY...lSSlIEll..F.EBRIIAIlY 12, 1997 _._____.. ~ .~~~~~~__~__~~ro____*ro~_ ~ .~ ~ ~ ~ $ e $ ~ ~ ~ ~ ~ ~ ~ ~ ,', ~ $ <. ~ ". ~ ~'. $ ~ ~ '.' .'~ ~ ~ '.' S ~ '.' ~ '.' ~ '.' W ;;. s * v '.' s ~ '.' .', ~ HAR-17-98 rUE 14:55 t' "1U:I ~O( ""111 UU,)U,)I P,OI 1'11'11,)1" , ~. ~l Depnrtment 01 the Trensury ~ 1~ Inlemal Rovenue Service . ~ PHILADELPHIA, PA 19255 Notice Number: CP 623 Notice Date:' 01';'0 '-1998.jI SSN/EIN: 237-84-8860 Caller 10: 1111.111111..1..\\11,"1"...11,.11"""",".,,,,,,,,,,,11..11 WILLIAM R & HARV BETH COOPER no N 26TH ST CAMP HILL PA 17011-3619308 ImUIIIUlill~l~llllll~ _23784886010111 Notice of Intent to Levy You Defaultod On Your Installment Agreement. This Is a lormul notioe of our Intent tu \e1ll1inultl yuur Inslalhnl!lI\llgreement and seize your paycheok, bank aooounl, aula or olher properly. We oan file a Federal Tax Lien, if we haven't already done so. You defaulted on your installment agreemenl beoause you didn't file your federal and state tax returns. To reinstate the agreement, you must file alllederal and slate tax relurns that are due, and pay a reinstatement fee that wa will take from your IIrst installment paymel'1t. II you do not agree wllh Ihls decision. you have the right to request an Independent administrative review by oalllng the number listed below within 30 days from the date 01 thIs notloe. Account Summary I FOrln: 1040 I [Ju Period: 12-51-19951, Cllrr~nl Bgl:lI1r~: $ 8,715.96 Inc:ludu; rCI1Hlty: Inle;eS!; Lul Payment: PLAlNTlFPB EXHIBIT $1,785.09 02,732.87 00.00 5 ~2e,__,:-.l':-~ See enolosed Publiootion 594 thai explains ~ QUE~~S? Call us at 1.8!10-829.881 5 _ ____ -y'our rights :lDd responslbilllies E.! taxpayer. PI,a" mall this part wllh your payment, p~yable 10 Inlernal RevenueServlce. Nolice Number: CP 523 Nolioe 00111; 03- 0 9-1998 ". ,.rllt on ."'.' t/ltt;t: 11040 112-31-19931m-84-8860 I Amoullt Due: $8,715.96 2378~88bO TK COOP 30 0 9312 670 OQ000871596 Internal Revl/Dvo SorvlC' P.D, BOX 8669 PHILADELPHIA, PA 19162-8669 WILLIAM R & MARV BETH COOPER 330 N 26TH ST CAMP HILL PA 17011-3619308 [foIl (5 MAR-11-98 rUE 14:56 ,. 'u~ 'lor '1".0 UU.,)UoJD P,02 .1 77...J.C. , fj).~ Oep3r\ment 01 Ihe TrenBury InlemQI Revenuo Servloe PHILADELPHIA, PA 19255 Notice Number: CP 623 Notice Date: OJ- 09. 19 98 ! SSN/EIN: 237-84-8860 C:lller ID: --... 11",11I111"1"11111",11,1,11,.11",,",,",,,,,,"...,,11,,11 -- WILLIAH R , H^RV BETH COOPER 330 N 26TH ST CAHP HILL PA 17011-3619308 IIDlmUlllm~lllllflll *23784886010 lW - - Notice of Intent to Levy You Defaulted On Your Installment Agreement. ThIs Is Q formC&l notic:loI uf uur inlent to termInate your Installment agreement and lieize your paycheck, bank account. auto or other property. We can file a Federal Tax Lien, if we haven't already done so. You defaulted on your Installment agreement beol)use you didn't file your federal and state tax returns. To reinstate the agreement, you must file all federal and state tax returns that are due, and pay a reinstatement fee that we will tl1ke from your first installment payment. If you do not agree with this deoision, you have the right to request an Independent administrative review by oalling the number listed below within 30 days from the dale of this notioe. Account Summary ~I: 104;-l[TIlt Period: 12-31-1994 Curreut Unhlllc(': $ 2,043. 85 Includes: Ponalty: IlIlerost: llIs1 Payment: 0214.99 0399,50 00.00 SlIe enclosed Publication 5941hal explains Jr ~~TIO..!'l~ Call us at 1.800-829-8815 your righls and responsibililies os II lo~payer. PIli ass malllhis part wilh yourpaymrnl, peyablr 10 Inlema! Revenue511rvict'. Notioe Number: CP 523 Nolice Ol\le: 03-09-1998 ...,lIt on .\10'1' cllrck: [1040112-31-1994]237-84-8860 I AmounlDue: .2,043.85 2376466bO TK COOP 30 0 9412 b70 00000204385 Inlllrnai Revenur SoI'VlC. P.O. BOX 8669 PHILADELPHIA, PA 19162-8669 WILLIAM R & MARY BETH COOPER 330 N 26TH ST CAMP HILL PA 17011-3619308 (:..h C (;J ,Dep3rtmenl or t~~ Trulury , , rr,~.rnal R.'/eMue S.....ie. . .p~ILADELPHIA, PA 19255 , Notioe Number: CP 603 Notioe Date; n".U,,,:'7n SSN/EIN: 237-8"-8860 Clller 10: 420226 1"111,,,1.11,1,1,,1,,1,,,111,,,,.11,,,,.1,,,1,1111,11,,,,1111.1 - WILLIAH R , MARV BETH COOPER 2621 LINCOLN ST CAHP H~LL FA 17011-3639216 Im~IIIII[~II~nll~[tllm:lil *237848860101* URGENT! Immediate aotlon Is required, We have at:empte:lto oolle::1 the amount you owe, but we still have not reoelved your full payment. If you do nol respond, we may seize your payohaok, bank aooount, auto, or other property. We may also file a Federal TexLien. Please pay the amount you owe today or oall us at the number below 10 rElsolve this Issue. I Form: 1040 Prior Ba lauce: La.t rayu1eut: P~!inl~' te rlnle: Interest to dale: I :\~\I' Balance: ACCllunt Summar)' l Fper10d: 12';'31';'94' I $1,429.36 $D,OO U56.36 $271. 62 $1.857.34 ~ _'_ Questions? Call us at 1-80D-829-8815 PIEaU mail this p~~ with your;:!yment, payab'. Ie Ir.:~'-,al R6Vi'1:.eSe~.'iee Ne!ioe Numb.r: CP 50:; Notice Date: 05-19- 97 ......rlte on ,vour ch.ck; 11040 112-31-941237-84-8e60 I AwoulltDue: $1,857,34 2=7s~ecb~ iK COOP 3~ ~ 9~l2 b7~ :::GQlc573~ :~:!Ir:"!.: ~eve:l~t E.e-,.joe U:L:" !t,M R & f".AP.Y 5ETH COOPER PHILAOELPHIA, PA 19255 2621 LINCOLN ST CAMP HILL PA 17D11-3639216 o P,OI ~~ DllpartlTlenl ollhe Trelllury - ~dJJ/J' Internal Rlvenul Servlcl _ rHILADELrHIA, PA 19255 Dill. oflhi. n,llc,: '#MAy",.n, 19974 TlIXptlyer Indentllyl"; Numb,r 257-84-8860 Form: 10~0 TaxP,rlod: DEC. 31, 1995 1"111",1,11.1.1"1..1".111",,,11..,,,1.,,1.1111111,,,,1111,1 WILLIAM R . MARY BETH COOPER 2621 LINCOLN 5T CAMP HILL PA 17011-3639216 For ...'ttenoe you may Clllf ua at: 1-800-829-8815 CALLER ID, 420226 OVERPA~D TAX APPLIED TO OTHER TAXES YOU OWE WE APrLIED '565.00 OF THE OVERPAID TAX ON YOUR 1995 TAX RETURN TO THE UNPAID BALAUCE OF OTHER FEDERAL TAXES WHICH OUR RECORDS SHOW YOU OWE. YOU MAY STILL BE DUE A REFUND IF WE APPLIED OULY PART OF YOUR OVERPAYMENT TO OTHER TAXES. YOU ALSO MAV BE DUE A REFUND IF YOU RECENTLY MADE A PAYMENT AGAINST THE OTHER TAXES THAT WE HAD NOT CRE~ITED WHEN WE APPLIED YOUR OVERPAYMENT. IN EITHER CASE. VOU WILL RECEIVE A CHECK FOR AIIV REFUUD DUE YOU AS LONG AS THE AHOUNT IS GREATER THAN ONE DOLLAR. YOU MUST REQUEST A REFUND OF LESS THAN ONE DOLLAR. IF YOU HAVE ANY QUESTIONS. PLEASE CALL US AT THE NUHDER LISTED ABOVE, THE FIGURES BELOW SHOW OUR CALCULATIOU. HOW WE APPLIED YOUR OVERPAVMENT AMOUNT OF OVERPAID TAX Oil VOUR P.ETURN... ......... AMOUNT OF INTEREST YOU EARUEO eN OVERPAyMENT..... TOTAL AMOUNT DUE yOU....... . . . . . . . . . . . . . . . . . . . . . . TOTAL AMOUNT APPLIED................... .......... '565.00 '.00 $565.00 1565.00 '.00 AHOUNT YOU WILL RECEIVE AS A REFUUD.... .......... (ANY INTEREST DUE YOU WILL BE ADDEDl WH~RE WE APPLIED YOUR OVERPAYHENT T^X~ERI.OO(Slf AHOUUHS) APPLIED BALA/lCE REMAINInG !lEC,.lI1,.l99S 1565.00 19.983.12 FORMeS) 1040 TUkN TK1S PART 10 US WITH YOUR CHEC~ U, IrIOU:RV UR TELEPHOtlE NUMBER BEST TIHE TO CALL ) 237aQ8860 TK 0000 30 0 ~312 1..111...1,11.1,1..1..1.,.111....,11."..1.,,1,1111111,..,1111.1 INTERNAL REVENUE SERVIce PhILADELPHIA. PA 19255 WILLIAH R a MARY BETH COOPER ~621 LUlCOLN ST CAMP HILL PA 17011-3639216 o Hrll-lo-tJtl II\U 10:,1 r. UI rda Department of the Tresaury ~ Internal Revenue Service 1040 W4vo~ly Avo. HOlt.ville, NY 11742 l-BOO.8U-B815 WILLIAM a MARY BZTH HELMS COOPER TINI Tax Perioc11 Tax Form I :137'84'8860 JJO N 26TH STREET CARp HILL, PA , Pl 17011 , 1040 April 08, lU8 D.ar IJAlY BETH HlLMS COOPER, Thia i8 to confirm the delay pleced On the above eccount for 1993, 1994, on 040298 for 8 week., Thia only stops ~ollection notices not interest anc1 penalti.. f~OM accuring, s~ere7' ~"'S, DIANS KAT'1'HBWS Customer Service Representative Ilnololure(lI) I WILLIAM R & MAR V BETH COOPER 1150 N 26TH ST CAMP HILL PA 17011-5619308 -- ~ aoparlmonl 01 lh. Tr"lury .lnternol AOVlnu. Gor.ice 11601 Roosevelt Blvd. PhIladelphia PA 19155 In repl~ ruter tnl 2972405127 Apr. 08, i990 LTR 22720 237-84-0860 199312 30 000 c 05271 ,- Taxpayer I~~ntification Number: Form(s), Tax Period(sl: 237-8(,-8860 1040 Dec, 31, 1993 Dec. 31, 1994 Dear Taxpayerl This is a COpy of a letter we sent to the taxpa~er named above. We are sending it to you because YOU filed a joint return with that taxpayer for the tax period shown. This is in repl~ to our tolephone conversation on Har. 3D, 1998, cuncerning the unpaid tax for tho tax year(s) shown above. In reviewino your request for an installment agreement for tax perlods(s) shown above, we find no record of receiving ~our tax formes) for tax periodes) shown below. Because yOU have not tiled all required tax formes), an installment agreement cannot be granted, If your records show you have previously filed these formes), please send us CDmplete, r.ewly signed COpy of each tax form. Form Tax Period 1040 Dec. 31, 1996 If you haven't filed, please do so now. Send your completed and signed formCs) within 30 ~ays from the date of this letter to the address shawn below. If you naed assistance in preparing vour tax formes), pleasa call 1-800-829-1040. After YOU file your delinquent tax formes) and if you still ow~ taxe~, we can reconsider your installment agreement reqUost. In the meantime, while YOU are preparing your tax form(s), we encourage you to make as many payment~ as yoU can to minimize penalty and interest charges. Whon you make a payment, always include your taxpayer identification number and tax year on your check or lIoney ordar, If yOU havo any questions about this letter. please write to us at . ,nenl .111I. Trealu'Y .1,"IIl.venue SllVilll ,., .. _.. .... 297240!l127 Apr, 08, 1998 ~rR 22720 237-84-8860 199312 aD 000 c o S2 72 WILLIAK R . KARY BETH COOPER 330 H 2/1TH ST CAKP HILL PA 17011-5619308 ~ the address shown below, If you prefer, you may telephone number listed in your local directory. there may bl able to help YOU, but the office at below is .ost fomiliar with your cas.. call the IRS An Imployee the address shown Whenlver you write, please include this letter end, in the spaces bilow, give us your telephone number with the hours we can reach you. Keep a COpy of this letter for yDUr records. Telophone Humber ( ) Ilourll Thank yOU for your cooperation. Sincerely yours, J- -1{ff-- Louis (. Payan Chief, customer Service Branch Enclosures: COpy of this litter Fon(s) 433-F TOI Internal RevenuI Service 11601 Roosevelt Blvd. philadelphia PA 19155 . ., WILLIAM L. SUNDAY DAWN S. SUNDAY Atto,n.y. . 01 . Low 39 W." Main 51'..', 51.. 1 M.chonlclbu,g, PA 170S5.6230 Phon. 17171 766.9622 Phon. 17171 766.9698 Fax 17171 79S.7280 May 7, 1998 LBGAL SIlRVICBS RmmIlRBD C6 BImALP Ol" HARr BETS HBUIS ~ BHh.....12'Iaf1' Ol" MARITAL SB'l"l'tPIIIltl AGRBIlMBNT Service Date Time Telephone call Mary Beth Helms 3/09/98 .3 Telephone call L. B. Abrams, Esquire 3/11/98 .2 2 Tel. calls Mary Beth Helms 3/17/98 .2 Telephone call Domestic Relations Office: 3/18/98 .9 Internal Revenue Service, Mary Beth Helms Telephone call Lori J. McElroy, Esq.: 3/24/98 .3 Mary Beth Helms Letter to William R. Cooper 3/25/98 .2 Telephone call IRS (Mrs. Harvey) 3/30/98 .3 Telephone call IRS 4/02/98 .4 Telephone call IRS: M.B. Helms: Draft 4/08/98 1.2 Petition for Contempt/Special Relief File Petition 4/09/98 .1 2 Letters from IRS 4/16/98 .1 Letter to William R. Cooper 4/20/98 .2 Telephone call L.B. Abrams 5/05/98 .1 Telephone call IRS, M.B. Helms, 5/06/98 .4 L.B. Abrams, Esquire Prepare for Hearing 5/08/98 5/07/98 .5 P\.AINTlFPS EXHIBIT 3 "-"fj ~e l_~.:T " , .. Attend Hearing (CUrrberland County Court House) 5/08/98 1.5 TOl'AL HOURS 6.9 Hours @ $110.00 6.9 $ 759.00 COSTS: Certified Mail 4/20/98 5.75 (Service of petition) receipt attached TOl'AL OOB $ 764.75 I a110 wIaI1 to recelvelhe following H~I (for 11\ 1m IH): 1, Cl AddrI_'1 Addr_ 2. tlII RHIrIcIId Dallvery ConIuII poIlmullr for IH. r llit:NUt:II: .~....... I ~ot I for 1dl:MonII...... .~.II....:\, 4..., and 4b. .'ll1-rcu Mo"M IIld addrMI on" tIYIfII of IHIIorm 10...... GIn rIIIwn IN, _OJ"",. . AIIIdI .... k:Mm 10 thiI led 01.. meIp6ecI, Of an ... bec* 'IPIOI doll not .=;,-.,,,....-""......--...--. -The RecLm Aec:eIpI"'lhow to whom.. ......wv..d Ind... dIM dthw... . r. to: William R. Cooper 33 Kinber:wyck Lane Exton, PA 19341-3107 j I III CerUftld I C lnaured I' II C COD I l- I 1Q2505.87.8.()17I P 5:L2 O:Lll 7611 US POlloi SlI/\'lcl Receipt for Certified Mall No Insuranc. CO'lBfago ProvkJoG. Ou not use for lnle,nallonal MaU So. fp~""" II. William R. COo r "" 33 Kinbe k I . II! . Exton PA 19 rOl11Ql CetWiod F.. _..O......,F ReIlridId Del...., F !l! Rotum f\IcolpI5I-.g 10 ... Whom' 011I OIhMd 'l:"""'~Shooi'og~_ :( 011o,' AoIt.... AoIt", :3 TOTAL~&F_ $ :!I_Of II. ~ ~ 5 5 . \ AFFIDAVIT I, LAWRENCE S. AIlRAMS, ESQUIRE, a partner in the Law Firm of Rhoads & Sinon LLP, being duly aworn eccording to law, doea hereby depose and say that: From time to time Mary Seth Helms of Camp H111, Pennsylvania, requests Rhoads & Sinon LLP to represent her in specific legal matters; and on or about March 10, 1998, we received a telephone call and fax from Mary Seth Helms to the effect that sha had that day or the day before received a Notice of Intent to Levy on her household goods, other personalty of hers and on her home at 330 N. 26th Street, Camp Hill, Pennsylvania from the Internal Revenue Service related to the non-payment of personsl income taxes in years past: and the undersigned rendered legal advice to her in explaining the legal meaning of the IRS Notice of Intent to Levy; and, a copy of which is attached, to ascertain facts sufficient to advise Mary Seth Helms as to how best to respond to the IRS, the undersigned did call her former husband, William R. Cooper, Jr., a joint obligee as to the IRS past due taxes complained of: and the undersigned spent time talking to him ascertaining the facts of his filing default under an existing installment payment settlement agreement with the IRS and his intentions with respect to curing his default of same,; and the undersigned did spend time relating these facts and rendering legal advice on the "innocent spouse" defense to Mary Seth Helms relative to those facts; then the undersigned and an income tax specialty attorney associate of the Firm discussed the facts and alternative defenses with Ms. Helms' marital counsel and IRS authorized counsel, Dawn S. Sunday, Esquire. Further, the parts of our statement underlined and attached hereto as Exhibit "A" are the true and correct charges for the legal advice and services rendered in advice to Mary Seth Helms and assisting her in effectuating a protective response to the IRS Notice of Intent to Levy. Sroken out of the attached invoice, the amount due for those particular services to our Firm is $352.50. AND FURTHER DEPONENT SAYETH NOT. Sworn to and subscribed before II/e, a Notary Public, this ~ day of YY\~ ' 1998. ?;"/!U:ch ./ ~ 12011' NOTARIAL SEAL JUDITH L. KRAPE. Nowy Public CI1y of Horrtlburg. Doupllln County 101 eomrnl..1on E rei Q!:!. 14. 1m Respectfully submitted, a-r~ \ . Mar.y Beth Helms 330 N. 26th St. Camp Hill, PA 17011 Re: Estate Plarming Page 1 Inv# 055827 Date 4/28/98 005496.000001-LBA ---------------------------------------------------------------------------- For Professional Services.Rendered: 3/10/98 LBA 3/11/98 LBA 3/13/98 LBA 3/18/98 LBA 3/23/98 YRD 3/24/98 LJM 3/25/98 YRD telephone call with Dawn Sunday; telephone call to Ron Cooper; innocent ~pntu:ult or,.,' olAf frcm f'~dAr,., t'JlY lPtv:y teleDhone oal1 Dawn Sundav teleDhone call Ron Coocer telephone call advice with respect to threA~Anina tax liAnR Telephone call with Dan Thompson re: income tax matters; assemble documents to mail; fax schedules. Telephone call D. Sunday regarding Nnr.it'!A ni= Tnt":Ant- t-n T,A"" Telephone call with Bob Keck re: K-l from trust; telephone call with Dan Thompson. Total Services TOTAL THIS INVOICE HOURS 7~ .25 .25 $135.00 45.00 45.00 .~n 90.00 .73 n/a .25 37.50 .33 n/a $421. 40 3.06 -------- ---------- 3.06 $421.40 .--..... .......... $352.50-lf. 1fr Applicable to IRS tax levy advice ... Please Indicate Our Invoice Number On Your Check *** 11II1N-lU':J1l IU~ I~:~J p '1D3 ij1l7 ij'lb . Oepnrl."enlol Ihe Tre:lsury -@>> Inlernal Revenue Servico I'H ILADELPH lA, PA 19255 UU~U~f P.02 1'l'l')1~ Nolloe Number: CP 523 Nolloe Date: 03-09-1998 SSN/EIN: 257-114-11860 Caller ID: 11",111111"1"11I1...1,,,,,11,,11,,,,,,,,,,,,,,,,,,,,,,,11.,11 WILLIAK R & HARY BtTlI COOPER 330 N 26TH ST CAHP HILL PA 17011-3619308 Iml~lmm~lllnm~mll~IU -257848860101_ Notice of Intent to Levy . You Defaultod On Your Installment Agreement. Thla I. a formlil noliolll)f oOr tnlenl tu lllfll'llrtalll yuur Instalhnl!1I1 agreement and aelze your payoheck, bank acoount, auto or olher property. We oan file 11 Federal Tax Lien, If we haven't already done so. You defaulled on your Installmont agreement because you didn't file your federal and atate tax returns. To reinstate the agreement, you must file alllederal and atate tax returns that are due, Ilnd pay a reinstatement fee that we will take from your flret Installment payment. If you do not agree wllh this decision, you have the right to request an Independent adminlstrallve review by oalling the number lIeled below within 30 days from the date of this notice. Aooount Summary ~: 10401 Ijox Period: 12-31-1993 Cnrrt'nl nulanl'p: $ 8,715.96 Inoludes: Penalty; rnlt'lCal: Last Payment: $1,785.09 U,732.87 $0.00 S.. .nclosed Publlcallon 694 Ihal exp/oina ~ QUeSTIONS? Call U.!2-L 1-800-82~:'.!. __ your rights and I8sponsibillllea liS a lllxplly',!!:. PIllIs. mil" Ihla part \/ollh your paymanl, payab!e 10 Inlarnal RevenulIServlce. Nollce Number; OP 523 Nolloe Dale: 03-09-1998 .:rl"'". .vo"" chodr: 110110 112-31-19931237-811-8860 [^mOuntDue: t8, 715,96 23?a4aa~O TK COOP 3D 0 '1312 ~?D ODDDDa?lS'l~ Inlemal Revem,n Sorvlc:e P.O, BOX 8669 PHILADELPHIA, PA 19162-8669 WILLIAK R & MARY BETH COOPER 330 N 26TH ST CAMP HILL PA 17011-3619308 .. '1u~ 'f0' 'f'10 uu,,)u.:.o P. 03 &77"&C 'MAR-ID-9B rUE 12:24 . fA>> OepnrtmC'nt of Ihe Tre:lsury - I Intemol RevlInuCI Service PHILADELPHIA_ PA 19255 Notice Number; CP 623 Nollce Date: 03-09-1998 SSN/EIN: 237-84-8860 Caller 10: -- 1111I111I11"1..11111,"11,1.11"11"""","",,,,,,,,,,11,,11 WILLIAH R & HARV BETH COOPER 330 N 26TH ST CAHP HILL PA 17011-3619308 1111~DmllliIUD~lmIIIID 1123784886010111 Notice of Intent to Levy You Defaulted On Your Installment Agreement. Thlala a formal notlae of our illtellllo termlnale your installment agreemont and sel;:e your paycheclt, bank account, auto or other properly. We can file a Federal Tax Uen, If we haven't already done 10. You defaulted on your Installment agreement beoause you didn'lllle your federal nnd state tax returns. To reinstate the agreement, you must file all 'ederal and state tax returns that are due, and pay a reinstatement fee that we will fake from your llrsllnstallmenl payment. If you do not agree with this declalon, you hav9the right to request an Independent administrative review by oalllng the number lilted below within 30 days from the date of this notice. Account summary IForm: 10(lo=:JErllxPcriod: 12-31-1994 Curr('ul Jlnlonr,,: . 2 , 043. 85 IncludeR: Penalty: lulel'l!st: Last Payment: '214.99 t399.50 $0 .00 See lInolOlltd Publioation 5941hol explains Jc- QUESTIONS? Call us at 1-800.829-8815 your rights and responsJbllnfes DS 8laxpoYllr. P111DSD malllhls part with yourpaymenl, payable 10 Inlemal RevenueServlcll. Notlee Number: CP 523 Notice Dole: D3-09-1998 "r//(! Gn JltlIU' eh~: 11DIlo 112-31-19941231-81l-118lL] AmouDtDue: $2,043,85 a37a4aa~0 TK COOP 30 0 q4L2 b70 000002043a5 Intemal Revenue Service P.O. 80X 8669 PHILADELPHIA, PA 19162-8669 WILLIAM R & HARV BETH COOPER 330 N 26TH ST CAHP HILL PA 17011-3619308 DECREE IN DIVORCE e e e ~ .' ~ AND NOW, .. F.'c~lII.~ ~l.l1... . . . . .. ., 19 ~.7. . .., It Is ordered and decreed that ... .l1<\1;Y. .~t;l\ .~~. . . . . . . .. .... . . . . ... .,. . . . .... plaintiff, and. .. .. .. ..1:I~g~ilI!I. ~L ~P!l~. . ... . . ... . .. . . .. .. . . .. ..... .... 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; ~!!. .P.r.:<l~i.lli.ql'\ll.9~. .l:/1~. .~~ty. Sl!ttll!l11ent..and .5epat'ation.Agt'eement. dated, J~~!1'. ~~!. .l.~~~ .l!"q . ~~~~l?I)~. !'1!'l~!"!:!'. .a:r.e. .~l!qq~t:C\t;~ .Ql,1tr .(191:. ~J:'9j;!j:'1. ,!./l.tP. this Deet' . e e ~ ... n y The Co U r I : II oA ~ .. ~. Wt.4VrO. . ~) L.. . Alleat: e1uhe c' I.).J/ /J z!._J: <<<:.. c. ~~, -'''-?Y' ~4 K ..)9&" {l,Z'.. . (/ . '/11' Prolhonolary e e ~ ~ ~ :1. ~ ---~~- , ,...;. ~ <<<. ->>:. ," !~ J~ l~ I. I~ l~ --- '.~_.-~ ,...--.......-.-..-..--.....- - -....... .....,.-... - '- _.---~ -......... . -, ........ ...--, ............., -, - ... -, .., "", ,~ )*~*-~~-------~------~. ..:; ~ j: ... ,;; ~ ., ~ ., ~ ~ ", $ ~ ".' ~ C)/.;).'/) &d (~//,J/ ~ 4~/~ O;'/d..p)~.n~ ~ 4~ . . , . . PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this 3/~ day of ~, 1997, at Carlisle, Cumberland County, pennsylvgnia, by ~d between W. ROLAND COOPER, JR., of Exton, Pennsylvania (hereinafter referenced as "HuSband") AND MARY BETH HELMS COOPER of Camp Hill, Pennsylvania (hereinafter referenced as "Wife"). ARTICLE I SEPARATION 1.01 Senaration of Parties. Differences have arisen between the parties as a result of which Husband left the marital residence on November 2, 1995; and the parties have been living separately and apart since that date. 1.02 Intention to Live Anart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.01 Eauitable Distribution of Marital Pronertv. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a WAYIlI! F.SHADB manner whi.::h conforms to the criteria set forth in 5401 of the ^......,..Law SlW........,"'..... CarllIk. r-oyIYllOliI 17013 ( . '. Pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, incl~ding the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. WAYlIB F. SHADB A_ II Law S3W"'_"_ CattiIIo. .....,..oalo 17013 The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, 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. 2.02 Incorcoration and Meraer. This Agreement shall be incorporated but not merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein and, except as to issues of child support (which may be modifiable to -2- .. WAYIIII P. SIIADB A_"1Aw nw........,"'_ C&rllIII, I'amlJIvIllla 17013 the extent permitted by law), shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement' are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipUlated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Aareement Predicated on Divorce. It is specifically understood and agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for prosecution to conclusion of the pending action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the -3- . specific purpose of inducinq Husband and wife to execute the Aqreement. Husband and wife each knowinqly and understandinqly hereby waive any and all possible claims that this Aqreement is, for any reason, illeqal or for any reason whatsoever of public p~licy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and aqree that, in any event, he and she are and shall forever be estopped from assertinq any illeqality or unenforceability as to all or any part of this Aqreement. ARTICLE ill EQUITABLE DMSION OF MARITAL PROPERTY 3.01 Eauitable Division of Real Procertv. There is no marital real property which requires division. 3.02 Eauitable Division of Personal Procertv. WAYNB F. SHADB A_. '- 5)w.......,"'_ c..IitIe......,Iv.... 17011 (a) The furniture, household qoods and other similar untitled personal property have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Aqreement. The property shall be deemed to be in the possession or under the control of either party if, in the case of tanqible personal property, the item is physically in the possession or control of the party at the time of the siqninq of this Aqreement and, in the case of intanqible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writinq is in the possession or -4- control of the party, unless provided otherwise in this Aqreement; (b) The parties aqree that Husband shall retain possession of and receive as his sole and separate property the 1995 Chevrolet cavalier, alonq with all riqhts under any insurance policy thereon, and the responsibility for payment of any outstandinq indebtedness pertaininq thereto and insurance thereon, and Husband shall indemnify and hold Wife and her property harmless from any liability, cost or expense, includinq attorney's fees, incurred in connection with the vehicle transferred to Husband by the terms of this subparaqraph. If permitted by GMAC, the loan on Husband's vehicle shall be transferred to Husband's sole name; WAYKB F. SHADB A_ "lAw lJW"''''''''_ CarliaIo,r-qlYooiI 1101l (c) The parties aqree that Wife shall retain possession of and receive as her sole and separate property the 1995 Chevrolet Blazer, alonq with all riqhts under any insurance policy thereon, and the responsibility for payment of any outstandinq indebtedness pertaining thereto and insurance thereon, and Wife shall indemnify and hold Husband and his property harmless from any liability, cost or expense, including attorney's fees, incurred in connection with the automobile transferred to Wife by the terms of this subparagraph. If permitted by GMAC, the loan on Wife's vehicle shall be transferred to Wife's sole name; (d) The parties will execute and deliver any documents necessary to formally release their rights in or claims to the employee benefits, including without limitation, employee -5- WAYNe P. SHADB A~.~ 5.01 Custodv. Custody of the minor child of the parties '3W........,..._ CadIdI. -.ylvoala will be resolved outside the terms of this Agreement. 17013 pension, stock, profit sharing and savings plans, if any, of the other; and (e) The parties will execute and deliver any documents necessary to formally release their rights and all claims to the life insurance of the other. ARTICLE IV DEBTS OF PARTIES 4.01 Debts. Husband will assume full responsibility for and indemnify Wife from any liability for any and all obligations to the united states Internal Revenue Service which were incurred prior to the date of separation of the parties. Husband will also assume full responsibility for and indemnify Wife from any liability for legal fees owed to Rhoads and sinon, L.P. in the amount of One Thousand Eight Hundred Sixty-seven and 81/100 ($1,867.81) Dollars as reflected on the billing memorandum dated August 6, 1996. 4.02 Post-SeDaration Obliaations. Each party represents to the other that, except as specifically set forth immediately above, there are no outstanding obligations of either of the parties hereto for which the other would be responsible and that since the separation neither party has contracted for any debts for which the other will be responsible. Each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Article IV. ARTICLE V CHILDREN -6- 5.02 SUDDort. Husband will agree to maintain child support at the current level indicated in the Order of January 5, 1996, until Katherine reaches the age of eighteen (18) and is graduated from high school unless there is a substantial, involuntary decrease in his income. 5.0J Education. Husband would pay one-half of Katherine's college room, board and tuition up to a maximum amount equal to one-half of the college room, board and tuition costs at Penn state University (state College campus) per year for the years during which Katherine attends college, so long as Katherine ente~s college immediately after high school, is registered continuously as a full time student and completes college in sixty (60) months or less. The foregoing conditions on Husband's obligation shall not apply if Katherine is prevented from meeting those conditions due to medical/health reasons or circumstances beyond her control. 5.04 Health Insurance. Husband shall provide health insurance coverage for the child of the parties if it is available to him through his employer at no expense to him. If health insurance becomes an expense to him, Husband shall be responsible for seventy-five (75t) percent of the cost of health insurance for the child. ARTICLE VI ALIMONY WAYMI P. SHADB A_" lAw SJW",_",_ c.dIoIe, -,._ 17013 6.01 Waiver. Each of the parties waives alimony generally. Spousal support shall terminate as of the date of delivery to -7- wite's attorney of Husband's signed Affidavit of consent, Waiver ot Notice and this Agreement executed by Husband. ARTICLE vn COUNSEL FEES 7.01 Waiver. Each of the parties waives claims tor counsel tees generally. ARTICLE vm GENERAL PROVISIONS 8.01 Income Tax Conseauences. Except as otherwise.set torth in Article IV herein, any income tax incidents ot any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 8.02 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 8.0J Subseauent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of WAYNe F. SIIADB A_....... the terms of this Agreement. SlW........,"'_ Car\IolI, I'amJlvoola 17013 -8- WAYNB P. SHADB A_ _lAw SJW.......,..._ CuIlIIo, -.,...... 17011 8.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death ot either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereatter acquire as the other parties' spous~ under the present or tuture laws ot any jurisdiction, as tollows: (a) to elect to take against the will or codIcils ot the other party now or hereatter enforced; (b) to share in the other parties' estate in cases ot intestacy; and . (c) to act as executor or administrator ot the other parties' estate. 8.05 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the party is or may be liable. Each party covenants and agrees that it any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. -9- 8.06 Full Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsosver nature and wheresoever located belonqinq in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relatinq in anyway to the subject matter of this Aqreement. These disclosures are part of the conslderations made by each party for enterinq into this Aqreement. 8.07 Riaht to Live SeDaratelv and Free from Interference. Each party will live separately and apart from the other at any plac~ or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carryon and enqaqe in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. WAYNIl F. SHAUB A.....,. II u.. 51 w... l'aafrd SInd CartioIe, 1'amtJ"'" 17011 8.08 Aareement Voluntarv and Clearlv Understood. Each party to this Aqreement acknowledqes and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relatinq to the subject matter of this Aqreement and as to the riqhts and liabilities of both parties; (b) Enters into this Aqreement voluntarily after receivinq the advice of independent counselor, havinq had the opportunity to do so, havinq decided not to do so; -10- WAYIII! F. SHADe A.....,. II a- 55W"_,,,_ CarIiaIc.......,IY.... 17013 (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and (e) Fully and. completely understands each provision of this Agreement, both as to the subject matter and legal effect. 8.09 ComDliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. 8.10 Default. If either party fails in the due performance of a~y of his or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non- breaching party. 8.11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 8.12 Successors and Assians. In the event of the death of either party prior to the issuance of a Decree in Divorce, this Agreement shall survive the death; and all property, whether jointly or separately owned, shall be divided under the terms of -11- WAYNIl P. SHAD! A_....... lIW"'_"'_ c.r\IIIo. .....,..MIO 17011 this Agreement between the estate of the decedent and the surviving spouse as though the Decree had issued prior to the death. Except as otherwise expressly provided herein, this Agreement will be binding on and inure to the benefit of the respective legatees, d~visees, heirs, executors, administrators, assigns and successors in interest of the parties. 8.13 Law Governina Aareement. This Agreement will be governed by and will be construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof. 8.14 Condition Subseauent. This Agreement is expressly contingent upon the filing of the Praecipe to Transmit the Record and other necessary documents to obtain a Divorce Decree by Wife's attorney within twenty (20) days from the date of this Agreement. If this condition subsequent is not satisfied, this Agreement shall become null and void. 8.15 Date of Aareement. The "date of this Agreement' shall be deemed to be the date on which the last party executes the Agreement and has it notarized. IN WITNESS WHEREOF, the parties hereto have hereunto set -12- W"YIIIl F. SHADD ,,_ II u- Sl W... PomI... SIted CutlIII, .....,...... 170ll ",- ',"---, their hands and seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed and Delivered in the Presence of: tl/r ;::: Ckk. ~/U(~/ W. Roland Coo er,fJ . (SEAL) (O~~T1d"'!J ) -13- . WAYIIIl F. SHADe A_ "lAw 5)w........,"'_ Car1ItIe, """1v1Oll 170ll COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the 3 (d day me, the undersigned officer, Of~ perso ally appeared W. ROLAND , 1997, before COOPER, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. C 44 NO~liC Notarial Seal Connie J. Trill, Notary Public Carlisle, Cumberland Counly My Commission ExpIres Ocl. 5. 2000 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, th~ day O~.&/L?Ar undersigned officer, personally appeared MARY BETH HELMS , 1997, before me, the COOPER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunt official seal. Notarial Soal Chartyn Y. Ouorri.ro. Notary Publ10 Mech.lnlCSbufg Bora, Cumbl'Jrlnnd County -1 My CommiSSion E'plro, May 18. 1998 'Ilor. P.......~.....I\o.'.oo.JlIOn of Nolm1ot ~<." , " I::...... ,- .~. t:r.~_... ,~".::., ...."':.~. ......~ ._...........:-. r '. !:...- ,.." >- If) f:: ~ c:: :.p' C N 1 !,l,l-. .!$ Or,-: Et~, .~ "<" 0- :' ;.5 ~~ In :;~ UJe I I .~? i:t ': . ~ L~ifE F- uJ .... -. u_ r- :.5 0 0" (oJ . va. NO. 95-7190 CIVIL TERM MARY BETH CXlOPER, Plaintiff : IN THE CXlURT OF CX>>lMON PLEAS OF CUMBERLAND CXXlNTY, PENNSYLVANIA WILLIAM R. CXlOPER, Defendant IN DIVORCE PRABCIPB TO mANSMIT REalm TO 'l'IIB ~: please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for Divorce: Irretrievable breakdown under ~330l(c) of the Divorce Code. 2. Date and manner of Service of the Conlllaint: Acceptance of Service signed by Defendant on Decerrtler 24, 1995. (attached) 3. Date of execution of the Affidavita of Consent and Waivers of Notice required by ~330l(c) of the Divorce Code: By Plaintiff - February 3, 1997: By Defendant - January 31, 1997. 4. Related claims pending: All claims resolVed by Marital Settlement Agreement attached to proposed Divorce Decree. i=C-bro~ '< 1997 Date tC)h~MI~ Dawn S. Sunday, Attorney for Plaintiff 10 . 41954 39 W. Main Street Mechanicsburg, PA 17055 (717) 766-9622 "- \.II >- ~ c.:.:.' .... I- N .~~ w!~' 0-. ..)~ EE"~ c:: -~ ., 'I":j 0'= -:;:: , '. trl '", O~. I j-;''' w" 1?ci rl1 c::o -'-:1.. w .:]C!.. ,- L<.. II.. r- ::3 0 c' u .. .,.~ MARY BETH COOPER, Plaintiff IN THE COURT OF CQolMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95- 7/9tJ CkJ~ . . WILLIAM R. COOPER, Defendant : CIVIL ACTION - LAW IN DIVORCE . . tOl'ICB TO DBPIlND AND CLAIM RIGIfl'S You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take pr~t action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: aJlBERLAND axJNTY COURT HOUSB, CARLISLE, PENNSYLVANIA 17013. IF YOU CO 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 CO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELCM TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT AJXo\INISTRATOR, FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 240-6200 , ." MARY BETH CXXlPER, Plaintiff IN TIlE COURT OF ccx-tMON PLEAS OF CUMBERLAND c::aJN'fi, PENNSYLVANIA v. NO. 95- WILLIAM R. CXXlPER, JR. Defendant CIVIL ACTION - LAW IN DIVORCE CXJIPLAIN'r Plaintiff, Mary Beth Cooper by her, attorney, Dawn S. Sunday sets forth the following: 1. Plaintiff is Mary Beth Cooper, who currently resides at 2621 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is William R. Cooper, Jr., who has resided at 5B Kirrberwych, Exton, Chester County, Pennsylvania, since Novellber 1995. 3. Plaintiff and Defendant have been bona fide residents in the CoIlmonwealth for at least six months inmediately precediilg the filing of this Complaint. 4. The Plaintiff and defendant were married on Septellber 19, 1970, at Mineral Wells, Texas. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff avers as the grounds upon which this action is based that: (a) The marriage between the parties hereto is irretrievably broken: and (b) The Defendant has coamitted desertion and absence from the habitation of Plaintiff, the innocent and injured spouse, without reasonable cause. ..i , .- 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests that the Court enter a Decree of Divorce. CXUl'1' II - ALIMC:fiY AND ALIMC:fiY PI!2mI!N'l'E LITB 9. Plaintiff is without sufficient funds to maintain herself adequately during the pendency of this action. 10. Without an award of alimony pendente lite, Plaintiff will not be able to maintain and defend her rights in these proceedings without being placed in financial disadvantage. 11. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to support herself adequately through appropriate enployment. 12. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 13. Plaintiff requests that the Court enter an award of alimony pendente lite until final Hearing and thereupon enter an order of Alimony in her favor pursuant to Sections 3701 and 3702 of the Divorce Code, as amended. CXUl'1' III - CXXESEL PEPS, CDS'.l'S AND EXPPNSES 14. Plaintiff is unable to pay the counsel fees, costs and expenses which have been and will be incurred in connection with these proceedings. 15. Plaintiff requests that the Court allow her reasonable counsel fees, costs and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code, as amended. '\ WIII!aBPllRB, the Plaintiff Mary Beth Cooper requests that this Honorable Court: (a) Enter a Decree of Divorce: (b) Order Alimony and Alimony Pendente Lite as the Court deems just and reasonable: (c) Order payment of Counsel fees, costs and expenses as the Court deems just and reasonable: and (d) Order such other relief as the Court deems just end reasonable. Respectfully Submitted, Oa<A/.__<k/n^dr27< Dawn S. Sunday ID '41954 39 West Main Street - Suite 1 Mechanicsburg, PA 17055-6230 (717) 766-9622 , . . MARY BE'l'II aJOPER, Plaintiff IN THE COURT OF C(Xo\loIOO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- WILLIAM R. aJOPER, Defendant CIVIL ACTION - LAW IN DIVORCE VBRIPICATIaf I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pat C.S. ~4904, relating to unsworn falsification to authorities. ~ - ... ~ C") f;; I~ N ;? .Q :J: r.:>~ ~ c... U~... c, 0:>; IT: CO Z::.l u. ~fn LJI - uJ'''';' :r.: w a:"''; F hI l.J(71 ~ U. CJ ~qa: ~ II') :5 en U t1t 1t 1~ . ro ~\\ '\ \/). ~\J ~ ~\)~. V) '- ~ ~ ~ r( ~ ~ ~ ~\ ~:-'-.;:. . . MARY BETH CXlOPER, plaintiff IN THE CXlURT OF CXlMMOO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-7190 WILLIAM R. CXlOPER, Defendant CIVIL ACTION - LAW IN DIVORCE A!'PIMVIT Off CXHIIlNr 1. A complaint in Divorce under ~330l(c) of the Divorce Code was filed on Decentler 18, 1995 and served on Decentler 24, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fran the date of service of the COmplaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose righta 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 the Affidavit are true and correct. I unc'lerstand that false statements herein are made subject to the penalties of 18 Pat C.S. ~4904 relating to unsworn falsification to authorities. /h,I"'l"l Date I , ~~R~ - wirrlem R. COOper, Defendant , '"",'c, ,C';,~' '~<,y~"i'~"~ ~:.:;'''Ft~~ ...:".; "..,: __.,.., $ Lf) >- c:: ,. ~ .. -5~ c ~ ", ..~. w.,;_ Z ~t' :-:: ..);,.,fII ~~. "- _'123 In .~:.) tt I "t-;, - L;1 c:: :~ "'u ri: t;. ~l Jl l<J :)0.. r= l>- :.~~ u. r- :-;) 0 en L) . . MARY BETH OXlPER, Plaintiff IN THE COURT OF 0CX1MClN PLEAS OF CUMBERLAND COlJNTY, PENNSYLVANIA vs. NO. 95-7190 WILLIAM R. OXlPER, Defendant CIVIL ACTION - LAW IN DIVORCE APPIDAVIT Of! <XRlIlN1' 1. A Ccxnplaint in Divorce under ~330l(c) of the Divorce COde was filed on December 18, 1995 and served on December 24, 1995. 2. 'l'he marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fran the date of service of the Ccxnplaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 the Affidavit are true and correct. I understand that false statements herein are made subject to the penslties of 18 Pat C.S. H904 relating to unsworn falsification to authorities. .l~ 111- eatel I ~ 11') ~ C ~~ N ,',:) 4" ..J,,:\l t :-.:: '>,J:~ o. ,~ - ~C If) 'i4 L'_ c. I I.~I C5 -' c:. u:~ lLJ ::,LlCl. u.. -; ll_ I'- ::; 0 cr. u . . \ \. ' ~ t, (';" "_~} ',,, . ". , . , . . I' . MARY BETH <XlOPER, Plaintiff IN THE COURT OF CXXoIMOO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA va. NO. 95-7190 WILLIAM R. <XlOPER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVIlR a! lDrICB a! Ilfl'IlNTION 'ro RJQJ&9r BRmY a! A DIValCB DBaUm lRlI!R t3301(cl a! TUB DIValCB <XJ)B 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, lavyer'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 imnediately 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 Pat C.S. H904 relating to unsworn falsification to authorities~~J ! Date T7 . . .. . ~ 1..0 -- '" c;;, , , ~, , . N ..J~ lllY ,_J U' ..L..:r fP. ' .~ I.j' "- j~ <;:>,-- .~ . . f.'1i or, , ,]Z L.:.J..... :.,(5 rr:!l' (,1.: L/.' "'lC:... r..: ..... _. --- u. r- :::l U C" U , '. . .. . MARY BETH CXlOPER, Plaintiff I IN THE COURT OF WIMON PLEAS OF I CUMBERLAND CXXJN'l'Y, PENNSYLVANIA I VIS. NO. 95-7190 WILLIAM R. CXlOPER, Defendant I CIVIL ACTION - LAW I IN DIVORCE WAIVI!R ~ NOl'ICB ~ INl'fNrION 'ro RBQ(1&'3'l' IlN'mY ~ A DIValCB DI!ICRBB IHlI!R ~cl ~ 'l'HB DIValCB <XlDB 1. I coll88nt 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 clsim 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 JTe 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 Pat C.S. ~4904 relating to unsworn falsification to authorities. J /~,f "'7 Date' r ~~L' ,{' W am R. COOper, Defendant ~ \.II '- 0 (... ~.. 'j~ ,.- C:J C. ) ~ UJ.o -, g'- ._...-~ .( : c: ..~ It v' .)~ OF :~, "'.. g~ I J2 c::. ',,0 u;t: w .:1h. r~: "'"' ~::; IJ. t- o C"o '-' .. . .. . . . , . ., . ,. MARY BETH OCXlPER, plaintiff IN THE COURT OF <:clo'1MOO PLEAS OF CUMBERLAND COUN'l'Y, PENNSYLVANIA vs. NO. 95-7190 CIVIL ACTIctl-LAW WILLIAM R. OCXlPER, Defendant IN DIVORCE ACCBPl'ANCB (R SERVICE I hereby accept service of the Canplaint in Divorce, which was filed on DecenDer 18, 1995 under the above-referenced term and nuriler. 12..!z..J,r Date . . ~~~ 4-- t-- Will am R. cooper, Jr. 58 Kini:lerwych Exton, PA 19341 'f >- U) 0; ~.~ ~ G LUC: '. ...;:, C "~r- ~ :J.:'!" ~~' ']7 .', ..:> '- --!: C' l~~ " .. ) 6; l.::!~ I : ~. (t:.: c' :z f-':' [s. "U Lo... ~.; ~ b.. l'. :- :.i C> c. U . ,. .. . "" . MARY BETH COOPER, Plaintiff v. I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM R. COOPER, Defendant NO. 95-7190 CIVIL TERM ORDER OF COURT AND NOW, this t 'tl.. day of November, 1996, upon consideration of Plaintiff's Motion to Compel Compliance, a RULE is issued upon the Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J. We Dawn S. Sunday, Esq. 39 West Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Wayne F. Shade, Esq. 53 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant - ~('l"o..'O,.(. 11111/%. .A:f' , :rc \"""" C't,'tBd .n .1\..,~, ~11:'\'''''"\'' } \11("1r\"~ ~ _" -.. \' I~ . '".!, . . I.)'J <1::' 'lS:\ \:d \j- 1\ 11-" .' I ." l\,"1;r r.' ,t: ;.. '. "'..I ^'" J3b":llo-m1:3 ,A . ~ , /-74" . . MARY BETH CXX>PER, Plaintiff IN THE COURT OF cnlMOO PLEAS OF CUMBERLAND CXlUN'l'Y, PENNSYLVANIA NO. 95-7190 CIVIL TERM va. WILLIAM R. CXX>PER, Defendant CIVIL ACTION - LAW IN DIVORCE QU)ER OF <DIRT AND tDf, thia day of , 1996, upon consideration of Plaintiff's Motion to Compel Compliance, it is ordered and directed as follows: l Defendant, william R. Cooper, shall serve complete answers to Plaintiff's Interrogatories upon Plaintiff within two weeks of the date of this Order. BY THE COURT, J. cc: Dawn S. Sunday, Esquire - Counsel for Plaintiff Wayne F. Shade, Esquire - Counsel for Defendant , - ~ . ... . MARl{ BETH OOOPER, . IN THE OOURT OF CCX>lMON PLEAS OF . Plaintiff : CUMBERLAND COllN'lY, PENNSYLVANIA : vs. . NO. 95-7190 CIVIL TERM . . . WILLIAM R. OOOPER, : CIVIL ACTION - LAW Defendant . IN DIVORCE . fIlrION 'ro CDn>BL cnn>LIANCE Petitioner, Mary Beth Cooper, by her attorney, Dawn S. sunday, Esquire, files this Motion to Compel Compliance and in support thereof sets forth the following: 1. Petitioner is Mary Beth Cooper, who is the Plaintiff in the above-captioned divorce action. 2. Respondent is William R. Cooper, who is the Defendant in the above-captioned divorce action. Respondent is represented by Wayne F. Shade, Esquire in the Divorce proceedings. 3. Petitioner filed the divorce action on December 18, 1995 and Respondent accepted service thereof on December 24, 1995. 4. Counsel for Petitioner served a set of thirty-two (32) Interrogatories upon Respondent through his counsel, Wayne F. Shade, Esquire on September 6, 1996. The cover letter and Interrogatories are attached hereto as Exhibits A and B. 5. Petitioner's counsel contacted Mr. Shade, counsel for Respondent, by telephone on October 3, 1996 to inquire about the status of the Interrogatory Answers. Mr. Shade advised that he had not had an opportunity to address the Interrogatories due to his heavy work load. ACCOrdingly, by letter dated October 4, 1996 (attached hereto as Exhibit C) Plaintiff's counsel extended the thirty (30) day deadline for service of the Interrogatory Answers by, in effect, two , , . '" weeks, to October 21, 1996. 6. As of the date of filing this Motion, neither Petitioner nor Petitioner's counsel have received Interrogatory Answers or Objections from Respondent or his counsel. 7. Petitioner believes that Respondent will not sul:xnit answers to the Interrogatories unless ordered by the Court to do so. 8. Petitioner requires the financial information requested in the Interrogatories in order to proceed toward resolution of the economic issues in the divorce action. 9. Petitioner is entitled to the discovery she seeks (Interrogatory Answers) as provided by PA Rules of Civil Procedure 1920.22 and 4006. ~, Petitioner requests that the Court enter an Order pursuant to pa.R.C.P.40l9(a) (l)(i) compelling Respondent to provide complete answers to Plaintiff's Interrogatories in accordance with the attached proposed Order. Respectfully Sul:xnitted, Dawn S. Sunday, Esquire IO #41954 39 West Main Street - Stet 1 Mechanicsburg, PA 17055-6230 (717) 766-9622 ,,", ' --:C:":f",~-,"_'_'"__'_ _" ,.....,.~..." .......... , ~ . .. .~.-.il.. . .^--t......"'._~, ~._...., I verify that the stetemente IIIIlde in the foregolll\1 Motion to ClX1Il8l CClJpliance are true and correct. I understand that felM statement. herein are made subject to the penalties of 18 PA, C.B. '4904 relatlll\1 to unsworn falsification to authoritle . ~ . WILLIAM L, SUNDAY DAWN S. SUNDAY (~(Q)~,)f . .. , .1 Phone 17171 766.9622 Phone 17171 766.9698 Foo 17171 795.7280 Allo,ne,. . of . low 39 We.1 Mql" SIr.e', 51e. 1 Mechanltlburg, PA 170S5.6230 Septetrber 6, 1996 wayne F. Shade, EsqUire 53 West pomfret Street esrlisle, PA 17013 HE: COOper vs. COOper Dear Wayne, I am enclosing a Custody Consent Agreement for Mr. Cooper's review. As you can see, the Agreement basically reflects the current custody arrangements between the parties. If the Agreement is acceptable to Mr. cooper, please have it executed and return it to my office for execution by Ms. Cooper. In addition, I am enclosing a short set of Interrogatories for completion by Mr. cooper, the answers to which will enable us to submit a property settlement proposal for your review. Finally, it is our hope that Mr. cooper will choose not to proceed with the Modification Conference currently scheduled in the Domestic Relstions office for Septetrber 19, 1996. While it is true that Ms. cooper is no longer paying rent in her residence, her expenses with respect to the property have actually increased when you take into consideration taxes and other expenses for which she is now responsible. . If you would like to. discuss the support matter, please do not hesitate to call me. I am concerned that the parties will incur additional expenses in attending another Conference, which seems to be, to me, a waste of time. Again I am happy to discuss this with you further before the Conference. sincerely, ~~oiv;; oss/cg Enclosures cc: Mary Beth cooper BXBIBrr "A" < . \~(Q)~~ MARY BETH COOPER, Plaintiff IN TIlE COURT OF CXl'lMON PLEAS OF CUMBERLAND CXlUN'l~, PENNSYLVANIA NO. 95-7190 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. WILLIAM R. COOPER, Defendant OO'IlIUlOGA'laUES OY pJJ\IHrIP'F 'ro 0F.FI'JiIlANl' 'ro: William R. Cooper through counsel, Wayne P. Shade, Eaquire 53 West Panfret street, Carlisle, PA 17013 please take note that you are required, pursuant to PAt R.C.P. ~1920.22(b), 4005 and 4006, as amended, to serve upon the undersigned your answers, in writing, under oath to the following Interrogatories within thirty (30) days. These Interrogatories are continuing and any information secured subsequent to the time you answer these Interrogatories which would have been includable in the Answers had it been known or available at the time must be supplied by Supplemental Answers without further request fran Plaintiff. Submitted OYI ~~,~ OIIwn . Sunday, 1.0. '419 Attorney for plaintiff 39 West Main Street Mechanicsburg, PA 17055 (717) 766-9622 INSl1UJCl'IOOS /\NO DBP'INITIOOS Answer every Interrogatory. No question is to be left blank. If the snswer to an Interrogatory is "none" or "unknown", such statement must be written in the Answer. If the question is inapplicable, "N/A" must be written in the Answer. Whenever a valuation of any type of property is requested, state the value as of November 1995 in addition to the present date and any other valuation dates specifically requested in each Interrogatory. Whenever a date, amount or other computation or figure is requested, the exact date, lIl1Vlount, computation or figure is to be given EllHIOIT "0" ~ , " . unless it is unknown. If so, give the best estimate or approximation thereof and note that such Answer is an estimate or approximation. Questions concerning marriage, children and marital offenses are with relation to the other party to this action, unless otherwise indicated. The fOllowing definitions apply to these Interrogatories: 1. "YoU", and "your" shall refer to Defendant, and Defendant's agents, representatives or attorneys. 2. "Document" shall mean the original and any copy, regardless of origin or location, of any book, pamphlet, periodical, letter, memorandum, telegram, report, study, handwritten note, working paper, photograph, or any other written, recorded, punched, or taped matter, however produced, to which you have or have had access. 3. "camnmication" shall mean all conversations, whether oral or written, all telephone calls, telegrams, letters, discussions or any other form 'of communication. 4. "Identify" or "Identification" used in reference to an individual person means to state the full name and present address, his present or last known position and his business affiliation at the time in question. 5. "Identify" or "Identification" when used in reference to a document or communication means to state the date, author, type of document or COllIlIUllication (e.g. letter, memorandum, telegram, chart, etc.) or any other means of identifying it, and its present location or custodian. If any such document or cOll1llUllication was, but is no longer, in your possession or subject to your control, state what disposition was made of it. 6. "Person" in the plural as well as the singular, means any natural person, firm, association, partnership, corporation, or other form of legal or business entity public or private. 7. "Trial" shall mean any and all proceedings before the Court or any Master relating to any of the issues raised by the pleadings in this case. INTERROGATORIES 1. State your full name, age, residence and post office address, home and business telephone numbers and Social Security number. 2. Names, addresses and telephone numbers of your employers or -- ,_,i:.;.... ( . " whether you are self-employed or conduct business as a sole proprietor, -partner or corporation. 3. Stete your weekly gross income from earnings, wages and other forms of compensation from all sources. 4. As to each of your Federal Income Tax Returns from the past three (3) years, state your gross income, the sources thereof, and your taxable income and attach copies of the said returns. 5. Itemize all income benefits, cash and non-cash, not already included in your Answers to any preceeding Interrogatory, such as, but not limited to pension plans, annuities, inheritances, retirement plans, social security benefits, lottery prizes, bank interest, dividends, etc. As to each benefit state: (a) the nature of the benefit: (b) the amount of the benefit: (c) the present value of the benefit: < . -: (d) any terms of payment of the benefit: and (e) identify and attach all documents describing or authorizing payment of the benefit. 6. Identify any automobile, truck, camper, mobile home, motorcycle, boat, airplane .or vehicle of any neture that you own or have an interest therein. Provide: (a) make, model and year: (b) date acquired: (c) the purchase price, if any: (d) if not purchased, its value at acquisition: (e) the present market value: (f) its present location: and ( '> (g) the name and address of any co-owners or interest holders. 7. Identify all bank and savings and loan association accounts, time deposits, certificates of deposit, savings bonds, treasury notes, savings clubs, thrift plans, money market funds and checking accounts in your name or in which you have an interest. Provide: (a) the location of the account: (b) the account nwnber or other identifying nwnber: (e) the present balance therein: (d) name and address of each co-owner: and (e) the identity of any custodian of a passbook, certificate, etc. 8. Identify any safe deposit box which you have alone or with another. Provide: ~...4.' ".,.,.,.~ ..<. .....:r"~.-...,,-.....<- ( .. (a) the name and location of the institution where the box is rented: (b) the name or names in which it is registered: (c) the number: (d) the contents and the value thereof, if any: (e) the identity of anyone who has access: and (f) the number of times it was visited in the last three(3) years 9. Identify all shares of stock, securities, bonds and other investments (exeluding real estate) in which you own or have an interest, either individually or with another. Provide: (a) the description and identification of the stock, bonds, securities or investments: . .. (b) identity of any co-owners or interest holders: (c) the present market value: (d) the present location: (e) the amount and frequency of dividends or ineane payable: (f) the maturity date of any bond: (g) whether any stock, bond, security or investment is Subject to any lien or security interest: (h) the identity of any custodian of any certificate or evidence of such investments: and (i) copies of any personal property tax returns which you filed in the State of Pennsylvania or any other state for the past three (3) years. 10. If during the last three (3) years you have sold, transferred !." ..... \""..;'1: . . or otherwise disposed of any items or interests in any of the categories listed in Interrogatory NOS._S, 6, 8, 9, 11 and 30 provide: (a) the item or interest: (b) identity of the transferee and your relationship thereto: (c) date transferred: and (d) the value at transfer: (e) the consideration received, if any: and (f) the disposition of the proceeds. 11. As to all real estate which you own or have an interest, provide: (a) the location: (b) a description of the property: . (c) nature of your interest including any deed references: (d) the date acquired: (e) the purchase price, if any: (f) if not purchased, its value at acquisition: (g) the present market value: (h) identity of any co-owners and their interest: and (i) any mortgage(s) thereon. provide: 12. If the pro~rty in Interrogatory No. 11 is incane produc:ing, (a) identity of tenants, occupants or source of incane: and . (b) the annual or monthly rental or income paid by each. 13. With respect to each mortgage identified in Interrogatory No. 11, provide: (a) identity of the mortgagee: (b) identity of any co-mortgagors: (c) the amount of the original mortgage obligation: (d) the amount of the outstanding obligation: (e) the amount and frequency of debt service thereon: and (f) any and all documents relating to that mortgage. 14. with respect to any property or interest, whether business or residential, identified in Interrogatory No. 11, itemize operational or maintenance expenses. Such expenses include, but are not limited to taxes, mortgage payments, insurance, heating fuel, water and other utilities. . ' 15. If you have sold or otherwise disposed of any real estate or interest therein within the past three (3) years, provide: (a) -location of the property: (b) type of property: (c) the date of sale or other dispOsition: (d) the value at transfer: (e) the sale price, if any: (f) the net proceeds fran any sale: (g) identity of the purchaser or transferee and any relationship you may have thereto: U (h) the disposition of the proceeds: and . . (i) any and all documents relating thereto. 16. Identify any and all liabilities or obligations of whatever nature including-a list of Credit Card accounts, that you may have, which are not disclosed in Interrogatories No. 11 or No. 13. Provide: (a) the nature of the liability or obligation: (b) date acquired: (c) the identity of the creditor or Obligee: (d) the amount of the original liability or Obligation: (e) the outstanding balance, if any (f) the account numbers: (g) the amount and frequency of any payments thereon: . . (h) the nature and identity of any collateral pledged: (i) the term of the obligation: anJ (j) any and all judgments relating thereto. 17. List any mortgages that you hold as mortgagee. Provide: (a) the location of th!l real estate: (b) the nature or type of property: (e) the date mortgage was acquired: (d) the identity of the mortgagor(s): (e)- the original principle: (f) the present outstanding balance: and . . (g) the term of the mortgage. 18. List any and all amounts owed to you of whatever nature other - - than as mortgagee. Provide: (a) identity of the obligor or debtor: (b) the amount of indebtedness: (c) the date acquired: (d) the amount and frequency of payments: (e) the nature and identity of any collateral: (f) the term of the obligation: and (g) any and all documents relating thereto. . . 19. List all life insurance policies in which you are the owner, >insured or, beneficiary. Provide: (a) identity of insurance company and policy number: (b) face amount: (c) identity of the owner, insured and beneficiary and any relationship to you: (d) annual premiums and the payor: and (e) the present cash surrender value. 20. List any and all property or thing of value which you hold in trust. Provide: (a) the location and nature of the property: (b) identity of any custodian thereof: (c) date you became a trustee: "\"'.'"'''"~'<'".. t ,. . (d) value and cost of the property at commencement of the trust: (e)' how property was acquired and who paid the consideration: (f) the present value: (g) identity of the beneficiary and your relationship thereto: (h) the settlor and your relationship thereto: (i) the basic terms of the trust: and (j) a copy of the trust instrument. 21. If you are a plaintiff or defendant in any lawsuit (excepting the present suit) provide: (a) the nature of the suit: . .. . ,(b) the amount in controversy: and (c) the caption, including county, division, parties' names, court term and number of said suit. 22. If you are a party to a contract or option of any kind, provide: (a) the details of such contract or option: (b) all documents relating thereto: and (c) whether or not said contract or option is still in full force and effect. 23. If you had prepared for you or have issued a financial or net worth statement within the past five (5) years, provide: (a) date prepared or issued: (b) identity of preparer: (c) identity of to whom the statement was issued: . " -.(i;("'~"/'+."i~."~-~ . .. . (d) the purpose of preparation or issuance: and (e) copy of financial net worth statement. 24. If you have applied for a loan or for any eredit within the past five (5) years, provide: (a) the identity of the lender: (b) any documents submitted therefor: (c) amounts actually received: (d) the use of the loan proceeds: (e) terms of the loan: (f) a copy of any agreement or note executed for such loan: and . " . (g) a description of any collateral pledged therefor. 25. If you have acted as a co-maker, guarantor or endorser of a loan within the past five (5) years, provide: (a) the amount of the loan: (b) the present outstanding amount: (c) the terms of said loan: (d) identity of obligor: and (e) all documents relating thereto. 26. If any accounts or other receivables are owing to you, provide: (a) nature of the receivable: (b) identity of obligor: . .. . .~,,-, 'iV.'''h._.~ (c) amount owing: and (d) terms of payment. 27. State whether you are entitled to any pension, profit sharing, and/or retirement plan. 28. If so, state: (a) the nature of the plan: (b) the name and address of the entity or person providing the plan: (c) whether your interest in the plan is vested: (d) if not vested, state the date and conditions under which the plan will vest: (e) whether the plan is contributory or non-contributory: . .. . (f) if contributory, the amount, you contributed during the marriage: (g) if contributory, the amount your employer contributed during the marriage: (h) if non-contributory, the amount your employer contributed during the marriage: (i) the amount you earned in the plan during the marriage: (j) if you have the right to withdraw any monies from the plan, how much money may you withdraw and when: (k) if you have withdrawn and/or borrowed any monies fran the plan indicate when and how much was borrowed and whether the money must be returned or repaid: (l) date you are entitled to receive retirement or pension benefi ts: em) present balance of your interest in the fund: ~e"""_ . .~ ___'__'"'~" . .. . . "' . . (n) amount of benefits receivable per month on retirementi {oj If there are any survivor benefits, and give a brief description thereof. 29. If you are a I1ll!ITDer of any clubs, social, athletic or otherwise,.aB to each club state: (a) the name and location: (b) the nature and purpose: (c) the periods of time during which you have been a I1ll!ITDer: (d) the initiation fee: (e) the annual fee or dues: and (f) your annual expenses in connection therewith. ,'S" --,;t . , . ,. . 30. State whether you own any interest in any property, real or personal, including bank accounts of any nature whieh is now being held for you in the name of some person other than yourself? As to each such interest, state: (a) the identity of the property: (b) the nature and extent of your interest: (c) the location of the.property: (d) the identity of any other persons sharing an interest in the property: (e) the date acquired: (f) the amount and frequency of any payments received by virtue thereof: (g) the present fair market value thereof: and (h) identify and attach all documents relating thereto. . .. . . . I . 31. If you have any outstanding unpaid claims under any policy of insurance, as to each such claim, state: (a) the identity of the insurer: (b) the policy number: (c) the nature of the claim: (d) the amount of the elaim: (e) the date the claim accrued: (f) the names of the persons for whom the claim has been made: and (g) identify and attach any documents submitted in connection therewith. 32. Identify any and all accountants and financial advisors whose services you have used during the past five (5) years. , .. . . .. . VElUFICATIOO The undersigned verifies that the Answers contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. DATE: WILLIAM R. COOPER . . f . , .. . WILLIAM L. 5UNDA Y DAWN 5. SUNDAY ~ ../,'1. J ,:.~\ f~~ . ," . ~', . j " Phone 17171 766.9622 Phone 17171 766.9698 Fa. 17171 795-7280 Allolne,. . 0' . law 39 W..I MIIIII Sire.', S'e. I M~chanl..buro. PA 17055.6230 october 4, 1996 Mr. Wayne F. Shade, Esquire 53 W. pomfret Street carlisle, PA l70l3 RE: Cooper VB. Cooper Dear Wayne, As the thirty (30) day deadline for response to the plaintiff's Interrogatories was approaching and Ms. Cooper advised me that your client indicated he had not even received the Interrogatories, I contacted your office on october 3, 1996 to inquire as to the status of this matter. You advised me that you had not had time to forward the Interrogatories to Mr. Cooper or discuss them with him, but hoped to do so by the end of this week. One of the reasons for proceeding through Interrogatories was to move this case forward because Mr. Cooper does not otherwise seem interested in taking any initiative toward resolution. Nevertheless, in deference to your work schedule, we will agree to a twelve (12) day extension for submission of Interrogatory answers. Thereafter, if no response is forthcoming, we will have to seek the assistance of the Court. 'I certainly hope this will not be necessary as it is not our intent to burden or annoy Mr. Cooper. Ms. Cooper simply wants to move this case forward, resolve the economic issues and finalize the divorce as soon as possible. I look forward to hearing from you. Sincerely, a,,J}/j,, ~~ Dawn S. sunday U DSS/cg ec: Mary Beth Cooper EXBmrr .C. . . . . . .. . MAIUr BETH CXlOPER, Plaintiff : IN THE CXXlRT OF CXX1loIOO PLEAS OF : CUMBERLAND ClOONTlC, PENNSYLVANIA . . vs. : NO. 95-7190 CIVIL TERM . . WILLIAM R. CXlOPER, Defendant : CIVIL ACTIOO - LAW : IN DIVORCE CBRTIPICATB CP SBRVICB I, Dawn S. Sunday, counael for Plaintiff/Petitioner, hereby certify that I served a true and correct copy of the Motion to CoqJel COmpliance upon Defendant/Respondent through counael by First Class, regular mail, addressed to: Wayne F. Shade, Esquire 53 West Panfret Street Carlisle, PA 17013 - en ~.rdate;indicated below. f d//hNAJ(J1AI"'LI 11ft Date _.. -' af'~~~ Dawn S. Sunday, Esqu re Counael for Plaintiff/Petitioner , ,;'; i If) ~ &r- .' ;3 "" CO'l U2 ,. - I.) 0 .~ ng' ;lC Q.. C' ..0 'c I '5z ,._~: 'Cf2 ' :> ill c; lU r-= ..... ~ ..- ~ ....~ ':) (]"I U . - . . . . . " - ,,,.,,~, ". . "'"_<_;"W"_~:""" .. " MARY BETH COOPER, Plaintiff v. WILLIAM R. COOPER, Defendant I I I i , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW I I I I I I I NO. 95-7190 CIVIL TERM ORDER OF COURT AND NOW, this lq~day of November, 1996, upon consideration of the attached letter from Plaintiff's counsel, the Rule previously issued on November 8, 1996, is DISCHARGED. BY THE COURT, Dawn S. Sunday, Esq. 39 West Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Wayne F. Shade, Esq. 53 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant :rc ,.... ~ ~ /I(~7/9~. ~.~. W il . ,., n c~ .J' '<1 ..:. ,~ ;;1 9:1' ...j "l~ r;1 ' , : ?,:~ " ...., '% .' -'j <f? ,.; ~~ , , -:-', . .-~~ '.., . '," ~:~~.-: .. ,) ,.~ ,~hl ),>', , ;-? ~ ~'. .. "0- ~ :,,, :'1 ell .... ,..,-,.."."'-....._,. i,", .....:....;..;_. ...,..--........;:/t '. .'........~)....:....._,..,...._,,-."'_i_".- '," ,....".::.. -,.; .,.,," ..~. ,:; "'''~'''.. ~_.. '^'"'" ,.. ,. ,.,".~..';~'''>':?-'',......'"',._-.. . WILLIAM L. SUNDAY DAWN S. SUNDAY Allorn.1' . of . low 39 w..t Main Str.et. St.. 1 Mechonlc.burg. PA 17055.6230 Phon. 17171 766.9622 Phon. 17171 766.9698 Fox 17171 795.7280 NoVllllDer 25, 1996 C\lli)erland COUnty Court House 'l'he Honorable J. Wesley Oler Carlisle, PA l70l3 RB: Mar:y Beth 0:qJec VB. WilU- R. COqJeE:, A_land County Docket No. 95-7190, In Divar:ce Dear JUdge Oler, 'l'his will confirm my telephone conversation with your secretary on Noveuber 25, 1996 in which I advised her that, subsequent to your issuanoe of a Rule to Show Cause on plaintiff's Motion to Ccnpel Calplianoe, the Defendant has submitted answers to the Interrogatories which were the subject of the Motion. 'l'herefore, on behalf of plaintiff, Mary Beth Cooper, I agree to discharge of the Rule to Show Cause. Wayne Shade, Esquire represents William R. Cooper, defendant. '!bank you for your consideration of this matter. Sincerely, DSS/og cc: Mary Beth Cooper Wayne Shade, Esquire NOV 1. 7 1996 -,--.., "'.<,.''-,....,,,-..,--,-'''--'''.~-_... "..... ,''Ie . f" '.'''# MARY BE'l'H CXlOPER, Plaintiff IN TIlE CXlURT OF CDII1CIl PLEAS OF CUMBERLAND 00UN'l'lC, PENNSYLVANIA vs. NO. 95-7190 CIVIL TERM WILLIAM R. CXlOPER, Defendant IN CUS'roOY ClUlIlR CR 00lJRT AND toI, this I 0 t~ day of ~, 1997, upon COIUlideration of the attached Custody Consent Agreement, it is hereby ordered that the provisions of the Custody Consent Agreement are incorporated herein and made an Order of Court, reeolving matters concerning custody of Katherine H. Cooper, born January lO, 1983. BY THE CXlURT, J. cc: Wayne F. Shade, Esquire - Counsel for Defendant Dawn S. sunday, Esquire - Counael for Plaintiff _ ~ ".D: (oJ.. Pol 1/ /If'l. ..!>:f. F1lF.O-O.=FiCE OJ": T,'!.... ': ,,---~-, 'r""0T,'..gy Q7 F''-~ II ,,., I' /'l ~!' I I j . '" C, jA,l:",.'':';, ",', i,"" '\:T\/ Vfl._.~, '_"J 1-1 \,.......'...1\', PENNS,1.VA."J!A \,,",,1 "'.,1 A__ ~ HARf BE'1'II CXlOPER, Plaintiff IN THE COURT OF cxx-JMOO PLEAS 01" CUMBERLAND 00UN'l'f, PENNSYLVANIA v. NO'. 95-7190 CIVIL TERM WILLIAM R. Cooper, Defendant CIVIL ACTIOO - LAW IN CUSTOOf amm!' <XHlI!Nr AGREIlMENT mIS AGREIlMENT, made this 3reL day of Fi:.brv~ , 19967. by and between Mary Beth COoper, of CaDp Hill, Cumberland" COunty, Pl'll\ll!lylvania, hereinafter referred to lIS "Mother", and William R. Cooper, of Exton, Chester COunty, Pennaylvania, hereinafter referred to as "Father". if I T N E SSE T B: ---------- WHEREAS, Mother and Father are the natural parents of Katherine H. Cooper, born January lO, 1983: and WHEREAS, the parties hereto have separated and divorce proceedings have been initiated under this docket number: and WHEREAS, Mother and Father mutually desire to enter into a voluntary agreement with respect to custody of their Child: tDf mJlREI!alE, Mother and Father each intending to be legally bound hereby, stipulate and agree as follows: l. Legal custody of Katherine H. Cooper shall be shared by Mother l1lId Father. 2. Mother shall have primary physical eustody of the Child. 3. Father shall have partial physical custody of the Child at times and dates arranged by mutual agreement of the parties. 4. Each party agrees to provide the other party with his or her current address and telephone number and to notify the other party of any changes thereto. 5. The parties agree that this Custody Consent Agreement shall . .r; ;./ ~~ Date Date be submitted to the Court for entry as an order. IN WITNESS NIIBlU!XlI1', the parties oereto have volun '. <XX1l1Cl'lWEALTH OF PENNSYLVANIA CXXJN'l'lt' OF CUMBERLAND . . . . . . SSe BBFOOE ME, the undersigned authority, on this qay personally appeared MI\R1' mmJ COOPER, known to me to be the person who executed the foregoing instrument, and who acknowledges to me that she executed same for the purposes and consideration therein expressed. . day /f;'" GIVEN moER MY: BAND AND SEAL OLd/4/A/f ffr I 1991p Notarial S.al Chorty" V. Guerriero, Notary Pub"c MOChanlC$bu'g Bo,o, Cumberland Counly My Commi~slon Ellpiro5 May 18. 1998 MsrrIJor. Per.''')i''.... AssocIaIion cl Notaries 1 CJCXoIMClNWEALTH OF PENNSYLVANIA . . : ss . . BBFOOE ME, the undersigned authority, on this day personally appeared tfILLIAM R. UAJt'_, known to me to be the person who exeeuted the foregoing instrument, and who acknowledged to me that he executed same for the purposes and consideration therein expressed. /7~ day GIVEN lIlDER MY: BAND AND SEAL OJ!' OFFICE this of -J ,-,""'u...., a ' 1996.. '7 .. ,7~''WErt- ('/l"n1~ Notary c in and for e Ccmnonwealth of Pennaylvania Typed or printed name of Notary: [ NO'o1I'aI5.,al Thore.. C..rnok, Nolary Public W~r:.' \.\t1~.Ir'I.md Twp.. Chustllr Count '1\ Cl)lhnUJt.IClll f;:lifJirus Dec. 31. lG9~ 'wk;i"""'JlI,Pellllb)l'atl" ~'M~ ~ . "t .... co ':: t., ...: " " ;, & 1..~ c' \ ~., UJ. _ ." -.- '-Jr.- ... ~.. :'~ .'u p.:" "_ ~r J ~ ,>. '-'> <:-') r. t -, I..i" ~._ I '- " ~tl (;;. i(tJ L.I 'u. I~, Lc. . 1,1. to. :5 ........~.' 0 0' u ':-1""" \~ '.....,. ',- ...~ MARY BETH OOOPER Plaintiff IN THE COURT OF cnlMOO PLEAS OF ctJIo\BERLAND CXlUNTY, PENNSYLVANIA va. NO. 95-7190 CIVIL TERM WILLIAM R. OOOPER, Defendant IN DIVORCE tcrICB a!' DmlHTIaf it) ImUIB 1'U<I'IIlK IWIB Notice is hereby given that the Plaintiff, Mary Beth Cooper, having been granted a Finsl Decree in Divorce frcm the bonds of matrimony on the 12th day of February, 1927., hereby intends to resume and hereafter use her previous name of Mary Beth Helms and gives this written notice avowing her intention in accordance with 54 Pa.C.S. Section 704(a). CXXoIMONWEALTH OF PENNSYLVANIA : : SSe CXXJNTY OF ctJIo\BERLAND . . ~ On the .J. If day of 17~<t-\A~i , 1997, before me, a Notary Publie, personally appeared Mary Beth Cooper, to be known as ~ Beth Helms, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WI'DlBSS WIIBIU!XlP, I have hereunto set my hand and Notarial Seal. ~~u ft. tpDL- otary Publ e NOTARIAL SEAL NATALIE h. KlEE. NotARY PUBl.k: CAMP HilL DORQ, CUMilUllANO CO. MY ClJIAMISSIQ~1 EXPIRES JUNE 'I. 19j1 ,,,,,,",...-,,,,,".c,~-,...._.,=,.,_'_~' .... .., ..../ . ~ "5 ~ .. j ~ g ~ ~ IX) ~ M " z II ~ 8~ :t: Q.. '4~ I ~~ u:1;1 a: ;da? 1= 0.... -=>: ~ ~ r- ,:;) ..c- u ,-'i', ,"",' , ' 11, ..J ~~ 1"... '~. t~\-~;~'''' -.;.::t;~ 'f '" .,'."- " ".~.. .t,! i,,': '." , <~- . r~ ,. /7- ".' - d" ;'.~.'li~~ 'J' :'. ~ -''-I '.f,i: '''''/'' , i' .' ~ "",""; i '^ .5 . (I '-' '>; ':'~~;J&:"}!'1~:~y::.{r ,'I... '( '1 q'\Sf'8~\;.(, ;; . .,.-:. -.- .:.-;.:~<,~'.i'~~-f~-t.jjJL~ ",<...-,... JJI lA, MARl! BETH CXlOPER, . IN '1'IIE CXlURT OF CXXolMOO PLEAS OF . Plaintiff . CUMBERLAND COUN'l'lt, PENNSnVANIA . . . VB. . NO. 95-7190 CIVIL TERM . . . WILLIAM R. CXlOPER, . . Defendant . IN DIVORCE . aulI!R OF CXlURT AND tIM, this ~ day of , 1998, ~( upon consideration of the Plaintiff's Petition for Contempt and Special Relief, a Rule is issued on Defendant, William R. COoper, to show cause why the petiticn for Contempt and Special Relief filed on behalf of Plaintiff should not be granted. 'l11e Defendant is ordered and directed to appear, and the Rule is returnable at a Hearing to be held on the '1ft day of .. ~a~-1-. , 1998 at /: / t.;' , o'clock, Jl .m., in Court Room ~ I ' -f- No. / , Cumberland County Court House, Carlisle, Pennsylvania. ~. : Ble THE CXXJRT, . J. , , .,,) I','." '..'" ,... . . '.' i .~ , .. .: ::.J \ ' ,.-'- . ~ ~J ..1,,;1 MARY BETH CXlOPER, . IN THE OOURT OF CXlI1MOO PLEAS OF . Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA . . . vs. NO. 95-7190 CIVIL TEIlM . . WILLIAM R. CXlOPER, . . Defendant IN DIVORCE PIn'.l1:.laf mt CXJol.l."..,...r 1'I5'r.l'naf mt 5PBCIAL RBLIIll" Plaintiff, Mary Beth Helms, formerly Mary Beth Helms Cooper, by her attorney, Dawn S. Sunday, Esquire, files this Petition for Contempt/Special Relief and in support thereof states the following: 1. Plaintiff is Mary Beth Helms, formerly Mary Beth Helms Cooper, who currently resides at 330 N. 26th Street, CaIlp Hill, Cumberland County, Pennsylvania. 2. Defendant is william R. Cooper, who currently resides at 33 Kimberwyck Lane, Exton, Pennsylvania. 3. A Decree in Divorce was entered in the above-captioned divorce proceedings between the parties by the Honorable J. Wesley Oler, Jr., on February 12, 1997. The Divorce Decree incorporated the terms of a Property Settlement Agreement, a true and correct copy of which is attached hereto as Exhibit A. 4. The Property Settlement Agreement (hereinafter referred to as the "Agreement"), was executed by William R. Cooper and Mary Beth Helms Cooper on January 31, 1997 and February 3, 1997 respectively. 5. Under paragraph 4.01 of the Agreement, Defendant expressly assumed full responsibility for payment of all outstanding tax liabilities to the United States Internal Revenue Service for all tax years prior to the date of the parties' separation. 6. As stated in paragraph 4.0l of the Agreement, the parties separated on Novenber 2, 1995. 7. In addition to the provisions mentioned above, the Agreement sets forth all of the parties' respeetive financial and property rights arising out of their marriage, including without limitation, all matters relating to the ownership and distribution of real and personal property and all past, present and future support, alimony and alimony pendente . lite. 8. The Agreement is valid and enforeeable. 9. Plaintiff received two (2) Notices from the Internal Revenue Service, one for outstanding taxes, penalties and interest in the amount of One Thousand Eight Hundred Forty-seven 34/100 ($1,847.34) Dollars for the 1994 tax year and the other notifying of intention to levy for outstanding taxes, penalties and interest in the amount of Nine ~ousand Nine Hundred Eighty-three 11/100 ($99a3.ll) Dollars for the 1993 tax year. Both Notiees were dated May 19, 1997. lO. As a result of Plaintiff's demands in connection with the May 19, 1997 Tax Notiees, Defendant entered into an installment agreement with the Internal Revenue Service for monthly paymenta on the 1993 and 1994 tax liabilities. 11. Plaintiff subsequently received two (2) Notices of Intent to Levy from the Internal Revenue Serviee dated March 9, 199a for outstanding taxes, penalties and interest for the 1993 tax year in the amount of Eight Thousand Seven Hundred Fifteen 96/l00 ($8715.96) Dollars and for the 1994 tax year in the amount of Two Thousand Forty-three a5/l00 ($2043.85) Dollars. The Notices, which are attached hereto as Exhibits B and C, indicate that there was a default on the installment agreement for failure to file federal and state tax returns. Plaintiff confirmed with the Internal Revenue Service that as of March 1998, Defendant had not filed his 1996 federal income tax return. 12. Despite Plaintiff's demands, at the filing date of this Petition, Defendant has failed to either satisfy the outstanding tax liability or to take steps to have the installment agreement reinstated. 13. Defendant has breached the Agreement. 14. Plaintiff believes from Defendant's prior eonduct that Defendant will not satisfy the outstanding tax liability prior to levy on Plaintiff's property by the Internal Revenue Service, unless Defendant is forced to do eo by the Court. 15. In order to pursue this enforcement action, Plaintiff obtained from the Internal Revenue Service an eight (a) week hold on any action to levy on the outstanding tax liabilities. 16. Plaintiff believes that Defendant's income from his full-time employment at Keystone Helicopter Corporation in West Chester, Pennsylvania and part-time service in the National Guard is more than suffieient to enable him to pay the outstanding tax liability. ~ ID '41954 39 West Main Street - Ste. '1 Mechanicsburg, PA l7055-6230 (717) 766-9622 17. Under paragraph 8.10 of the Agreement, the non-breaching party is entitled to recover from the breaching party all costs, expenses and legal fees incurred in the enforcement of the Agreement. ~, Plaintiff requests that the Court hold Defendant in Contllllpt for failure to cooply with the January 31, 1997 Agreement which was incorporated into the Divorce Decree entered by the Court on February l2, 1997, Order Defendant to satisfy the outstanding tax liability in full with the Internal Revenue Service, and order Defendant to pay Plaintiff's counael fees and coste incurred in the enforcement of the Agreement. Respectfully Submitted, VBRIPICATICfi 'Itle foregoing Petition for Contempt and for Special Relief in part, is based upon information gathered by my counsel in order to represent me in this matter. The language contained in the pleading is that of counsel. I have read the Petition and to the extent the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counael in making this Verification. This Verification is made subject to the penalties of l8 M.S.~~ ;~:?: _ ':j1 0 ~_~ Da~ Helms, formerly th Helms Cooper, Plaintiff PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this 31J day of ~ 1997, at Carlisle, Cumberland County, pennsYlvaKia, by a~ between W. ROLAND COOPER, JR., of Exton, Pennsylvania (hereinafter referenced as "Husband") AND MARY BETH HELMS COOPER of Camp Hill, Pennsylvania (hereinafter referenced as "Wife"). ARTICLE I SEPARATION 1.01 Seoaration of Parties. Differences have arisen between the parties as a result of whieh Husband left the marital residence on November 2, 1995; and the parties have been living separately and apart since that date. 1.02 Intention to Live Aoart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.01 Eauitable Distribution of Marital Prooertv. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a WAnm~S~B manner which conforms to the criteria set forth in 5401 of the A_"~ 5l W... ,...,... _ CartiIIe. -.,."ooIa 170ll 'J I:~h. J4 pennsylvania Divorce code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of eaeh party for future acquisition of capital assets and income; the sources of income of eaeh party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, incl~ding the contribution of eaeh party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, 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. 2.02 Incorooration and Meraer. This Agreement shall be incorporated but not merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and deeree of divorce and, unless otherwise set forth herein and, W,,'fNP. F. SIWlB "_" Law S3W"'-"'- CuIialc. _...... 17013 except as to issues of child support {which may be modifiable to -2- '. the extent permitted by law), shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement' are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of eaeh of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, eonfessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Aareement Predicated on Divorce. It is specifically understood and agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for prosecution to conclusion of the pending action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divoree, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any sueh action which has been, mayor shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the WAYIII! F. SHADE A_ II Low SIW..._rd_ Carliok. .....,.'...oIa 17011 -3- specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of pUblic policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any 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. ARTICLE ill EQUITABLE DMSION OF MARITAL PROPERTY 3.01 Eauitable Division of Real Procertv. There is no marital real property which requires division. 3.02 Eauitable Division of Personal Procertv. WAYH! F. SHADE A_"Uw 53 W... _... ...... CuIiolo. -"'/voola 17015 (a) The furniture, household goods and other similar untitled personal property have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, sueh as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or -4- " ' WAYNB F. SHAD!! A.....,...u.. S3W........,..._ c..tiIk, r-oy....... 17011 control of the party, unless provided otherwise in this Agreement; (b) The parties agree that Husband shall retain possession of and receive as his solo and separate property the 1995 Chevrolet Cavalier, along with all rights under any insurance policy thereon, and the responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, and Husband shall indemnify and hold Wife and her property harmless from any liability, cost or expense, including attorney's fees, incurred in connection with the vehicle transferred to Husband by the terms of this subparagraph. If permitted by GMAC, the loan on Husband's vehicle shall be transferred to Husband's sole name; (c) The parties agree that Wife shall retain possession of and receive as her sole and separate property the 1995 Chevrolet Blazer, along with all rights under any insurance policy thereon, and the responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, and Wife shall indemnify and hold Husband and his property harmless from any liability, eost or expense, including attorney's fees, incurred in eonnection with the automobile transferred to Wife by the terms of this subparagraph. If permitted by GMAC, the loan on Wife's vehicle shall be transferred to Wife's sole name; Cd) The parties will execute and deliver any documents necessary to formally release their rights in or claims to the employee benefits, including without limitation, employee -5- WAYIII! F. SHADE A_ II Law 53W........",._ c.rtUIc. .....,... 17013 pension, stock, protit sharing and savings plans, it any, ot the other; and (e) The parties will execute and deliver any documents necessary to tormally release their rights and all claims to the lite insurance ot the other. ARTICLE IV DEBTS OF PARTIES 4.01 Debts. Husband will assume tull responsibility tor and indemnity Wife from any liability for any and all obligations to the United states Internal Revenue Service which were incurred prior to the date of separation of the parties. Husband will also assume full responsibility for and indemnity Wite from any liability tor legal fees owed to Rhoads and Sinon, L.P. in the amount of One Thousand Eight Hundred sixty-seven and 81/100 ($1,867.81) Dollars as reflected on the billing memorandum dated August 6, 1996. 4.02 Post-SeDaration Obliqations. Each party represents to the other that, exce~t as speeifically set forth immediately above, there are no outstanding obligations of either of the parties hereto for which the other would be responsible and that since the separation neither party has eontraeted for any debts for whieh the other will be responsible. Each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Article IV. ARTICLE V CHILDREN 5.01 CUstodv. custody of the minor child of the parties will be resolved outside the terms of this Agreement. -6- 5.02 SUDDort. Husband will agree to maintain ehild support at the current level indieated in the Order of January 5, 1996, until Katherine reaches the age of eighteen (la) and is graduated from high school unless there is a substantial, involuntary deerease in his income. 5.0J Education. Husband would pay one-half of Katherine's eollege room, board and tuition up to a maximum amount equal to one-half of the college room, board and tuition costs at Penn state University (state College campus) per year for the years during which Katherine attends college, so long as Katherine ente~s college immediately after high school, is registered continuously as a full time student and completes college in sixty (60) months or less. The foregoing conditions on Husband's obligation shall not apply if Katherine is prevented from meeting those conditions due to medical/health reasons or circumstances beyond her control. 5.04 Health Insurance. Husband shall provide health insurance coverage for the child of the parties if it is available to him through his employer at no expense to him. If health insurance becomes an expense to him, Husband shall be responsible for seventy-five (75%) percent of the cost of health insurance for the child. -, ' ARTICLE VI ALIMONY WAYIII! F. SHADIl A_ "lAw llW"'_",_ CuUoIc. '-'7"'.... 1101l 6.01 Waiver. Each of the parties waives alimony generally. Spousal support shall terminate as of the date of delivery to -7- WAYNI! F. SHADB ^_ II Uw the terms of this Agreement. '3 W..."""""'_ Cutidc, '-'1iY.. \70\3 Wife's attorney of Husband's signed Affidavit of consent, Waiver of Notice and this Agreement executed by Husband. ARTICLE vn COUNSEL FEES 7.01 Waiver. Each of the parties waives claims for counsel fees generally. ARTICLE vm GENERAL PROVISIONS 8.01 Income Tax Conseauences. Except as otherwise 'set forth in Article IV herein, any ineome tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 8.02 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 8.03 Subseauent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divoree against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any sueh suit. In the event any such action is instituted or concluded, the parties will be bound by all of -8- ", WA\1lI! F. SHAD! A_II lAw nw..,.,,,,_ CoIflaIc,-.y- 17011 8.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' s~ouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codIcils of the other party now or hereafter enforced; (b) to share in the other parties' estate in cases of intestaey; and (c) to act as executor or administrator of the other parties' estate. 8.05 No Debts and Indemnification. Eaeh party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any elaim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. -9- WAYIlE F. SHADe A_"Uw 53 W... ,.."... _ CartiaIe. -.,.". 17013 8.06 Full Disclosure. Eaeh party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to the subject matter of this Agreement. These disclosures are part of the conslderations made by each party for entering into this Agreement. 8.07 Riaht to Live Seoaratelv and Free from Interference. Each party will live separately and apart from the other at any plac~ or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 8.08 Aareement Voluntarv and Clearlv Understood. Each party to this Agreement acknowledges and declares that he or she, respeetively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counselor, having had the opportunity to do so, having decided not to do so; -10- " ' WAYIlP. F. SHADB A_" Law 51 W... _'" su... CarliIIo. "-'71Y.... 17011 (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and (e) Fully ~nd completely understands each provision of this Agreement, both as to the subject matter and legal effect. 8.09 ComDliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. 8.10 Default. If either party fails in the due performance of a~y of his or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restriet or impair either party in the exercise of this election. The non-breaehing party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforeement of the rights of the non- breaching party. 8.11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 8.12 Successors and Assians. In the event of the death of either party prior to the issuance of a Deeree in Divorce, this Agreement shall survive the death; and all property, whether jointly or separately owned, shall be divided under the terms of -11- . . this Agreement between the estate of the decedent and the surviving spouse as though the Decree had issued prior to the death. Except as otherwise expressly provided herein, this Aqreement will be binding on and inure to the benefit of the respectivo legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. 8.13 Law Governina Aareement. This Agreemen~ will be governed by and will be construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof. 8.14 Condition Subseauent. This Agreement is expressly contingent upon the filing of the Praecipe to Transmit the Record and other necessary documents to obtain a Divoree Decree by Wife's attorney within twenty (20) days from the date of this Aqreement. If this condition subsequent is not satisfied, this Aqreement shall become null and void. 8.15 Date of Aareement. The "date of this Aqreement" shall be deemed to be the date on which the last party executes the Aqreement and has it notarized. IN WITNESS WHEREOF, the parties hereto have hereun~o set WAYIlllF.SIlADI! A_ _lAw 'IW._"'_ CullcIc. "'-'7"'.... 1'/0\3 -12- . their hands and seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed and Delivered in the Presence of: dJ~ Ea", AJ. ~ ce..- h W. Roland Cooper; Jr. (SEAL) tO~~dtJ~; (SEAL) , , -, WAYIlB P. SHADB A_ "lAw nw..._..._ CutWo, -.,..... 1'Ill13 -13- . WAYIlP. F. SIlADE AIlnO)' "lAw 53 W... ,...,'" SInd CatIiaIo. "-'1""" 1701l COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the Jld day of --C4<~ me, the undersigned officer, personOllY appeared , 1997, before W. ROLAND COOPER, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,.', . .y. ... ~u~i1~ r- Notarial Seal ConnleJ. Trill. Notary Public Carlisle. Cumberlend County My Commission Expires Oct. 5. 2000 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the J /F) day 0 , 1997, before me, the undersigned officer, personally peared MARY BETH HELMS COOPER, known to me (or satisfactorily proven) to be the person whose name is subseribed to the foregoing Agreement and acknowledged that she executed the same for the contained. purposes ~herein ',:'" t:! ..!..~:~;:,::.:: '"", :. IN WITNESS WHEREOF, I hereunto set my hand and official seal. t .orio!Senl Ctmrlyn y. ~~nnc;o, I-1011'ry Publlc Moct;:';1ir!'lr" .. P': ~'. t:". ,":"'!i,(.;~n~ Ct.l~!,ty MyComm:ti:~,~ !.),: I,,): ?t,y HI. 19\::1 MontCt Pecroytian:l~:,onol NJ"~rlCS -14- ' . t' 'U;l ~O ( .."\.. rJJ Departl11en! 01 the Treasury Internal Rovenue Service PHILADELPHIA, PA 19255 UU,)U,)I P.Ol 1'1/'1/:11" . . Notloe Number: CP 623 Nollce Date: 03-09-1998 SSNlEIN: 237-84-8860 Caller 10: 1111.111111"1"111I11.1.""11"11"""",,,,,,,,,,,,,,.111111 WILLIAM R & HARY BETH COOPER no H 26TH ST CAMP HILL PA 17011-3619308 IIDIIIDlilm~I~[IIII~ *23784886010111 Notice of Intent to Levy You Defaultod On Your Installment Agreement. , this Is a formul notioe of our Intent tu IF,lrlninl1la yuur inslalhnl!1I1 agreement and seize your paycheok, bank aooount, auto or other property. We Olln file a Federal Tnx Lien, if we haven't already done so. You defaulted on your instQllmentagreement because you didn't file your federal and state tax returns. To reinstate the llgreement, you must file all federal and state tllX returns that are due, and pay a reinstatement fee thnt wa will take from your first installment payment. If you do not agree with this decision. you have the right to request an independent administrative review by oalllng the number listed below within 30 days from the date of this nolloe. - . Account Summary IForln: 1040 I [Jax Period: 12-31-1993 Cllrr~nl Dahmer: $ 8, 715 . 96 Includes: Pellnlty: Interest: Last Payment: $1,785.09 $2.732.87 $0.00 See enolosed Publioalion 594thallllxplaina ~ QUE~!JS? Can us at 1.S!lO.829.8S15 _ ____--Y.our rights lInd responsibilities liS..! taxpayer. Pl,ase mall this pari with your paymenl, peyable to Internal RevenueServlce, Notice Number: OP 523 Nolioe Dale: 03- 0 9-1998 " ' ." wrlle on y"ur cllcvJ;: 11040 ]12-31-1993Im-84-BB60 I AmoulIl Due: $8,715,9& 2378488bO TK COOP 30 0 ~312 b70 OQ0008715~b Inlernal ReVel1l'D Sorvlc. P.O. BOX 8669 PHILADELPHIA, PA 19162-8669 WILLIAM R & MARV BETH COOPER 330 H 26TH ST CAMP HILL PA 17011-3619308 ,MAR-l7-9B TUE 14:56 ,. 'U.1 ~ar ~'ia" UU.)U.JO p, 02 "77"'~C. , .. o. rIl Departmenl ollhe TrenBury Inlemlll Revenuo Servioe PHILADELPHIA, PA 19255 Notice Number: CP 523 Notice Oat/); 03- 0 9-19 98 SSN/EIN: 237-84-8860 ClIllerlD: --- 11,'1111111"1"1111I,"11,1,11"11""",,",,,",,,",,,11,,11 - WILLIAM R & M^RY BETH COOPER 350 N 26TH ST CAHP HILL PA 17011-3619308 ImUlmG~~lmm~III~1111 *2378488601011 Notice of Intent to Levy You Defaulted On Your Instillment Agreement. This Is 0. formw nO\!Cl\l ul uur intenl to terminate your Installment agreement And seize your paycheok, bank account, auto or other property. We oan file a Federal Tax Lien, if we haven't already done so. You defaul1ed on your Installment agreement beolluse you didn't file your federal and state tax returns. To reinstate the agreement, you must file all federal and state tax returns that are due, and pay a reinstatement fee that we will take from your first installment payment. If you do not agree with this deoision, you hove the right to request an Independent administrative review by oalling the number listed below withIn 30 days from the date of this notioe. Account Summary I Fonn: 1040 l[Tax Period: 12-31-1994 Curreut Unlullcl': $2,043.85 Includes: Penally: luleresl: Utsl Payment: 1214.99 U99,50 $0.00 Sell encloaed Publication 5941hat explains ~ QUE~1!91'1.!l. Call us at 1.800.829.8815 your rights and responsibilities IlS a tllxpayer. PleasemDiI this port with yourpcymrnl, peya!:lir to Inlemal i'levenueServicp. Nolloe Number: CP 523 Notioll Ol\le: 03-09-1998 .....,Il' on .vow, t/l.r!, l1040 112-31-1994]237-84-8860 \ Anlounl Due: $2,043.85 237848860 TK COOP 3D 0 9412 b?o 00000204385 Inlemal Revenull' SoMC. P.O, BOX 8669 PHILADELPHIA, PA 19162-8669 WILLIAH R & MARY BETH COOPER 330 N 26TH ST CAMP HILL PA 17011-3619308 MARY BETH COOPER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . IN DIVORCE . . . WILLIAM R. COOPER, . . Defendant . 95-7190 CIVIL TERM . ORDER OF COURT AND NOW, this 8th day of May, 1998, upon consideration of Plaintiff's Petition for Contempt and Special Relief and following a hearing, it is ordered and directed as follows: 1. Within four weeks of today's date, Defendant shall either secure a written withdrawal of the I.R.S. notiee of intent to levy upon Plaintiff's property at 330 North 26th street, camp Hill, Cumberland county, Pennsylvania, or furnish proof to Plaintiff's counsel that the I.R.S. debt which resulted in the notice has been paid in full. 2. Subject to the requirements of Paragraph 1, Defendant shall not permit the said I.R.S. debt to continue beyond one year from today's date. 3. Defendant shall reimburse Plaintiff in the amount of $500.00 for attorney's fees related to enforcement of the agreement. 4. No further relief is granted to either party. By the Court, .' . *!' '{,";:',' .~>iJ'.';",,,,,~,,,;,. Dawn S. Sunday, E.quire For the Plaintiff William R. Cooper, Pro .e 33 Kimberwyck Lane Exton, PA 19341 Ilkt ClJ~ ",,-,\:O.,tl S'I~.q6 l.,.... ....,rc f\\.fr:l: S~:;:; ~')ir.f'( or i',": " 'l .' t~: h~ o,~ V,t:! \ '..I '''', :.l,.!(~1< " , .. '1" G' ,ll; \'. ....-_:,.,'J~ \ 1.;\ ,',.)h'nr~~\'d_(":': . r;;:'l'{;'. 0, . . . , .. . Dawn s. sunday, Esquire For the plaintiff William R. Cooper, Pro se 33 Kiaberwyck Lane Exton, PA 19341 llkt ., ~" -<"~_",,. :_'T ;-\f.. . Cl.l~ ~a:().~ S'Iio'Q5 l ""..