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Home My WebLink About00-02986 '".,' j ~.~ ~..~ ~ ;.~ ~ t:.., * ~.'; ~ ~.~ ~ ~ ~ ~ ~.' ~.~ ~ A: ~ ~.~ i ~.~ ~.~ ~l . ~.~ i; ",.s ~ ~' ~ "".; ~ ,", ~.~ .. ~.~ ~.~ I "~,,, W ~.~ ~ ~.~ ~ ~.< ~.~ ~ ~.~ ~ -" ",-~-,j -- I"~ , ~~.~ZXC':'::;3:{)3XX.:{>~.XX.'li':)a>Z{XC':::';>>;~':'X.:{)a>Zl:":;~.:;'::;a>Z;::'::;3:l:':;~C":';~.:l:XC'::X.:;':KXC{),.K:i3},'X.X';~C'(:;'~C{::;a>Z":):C":XC'I"'1. ~ v ~ M ! IN THE COURT OF COMMON PLEAS ~ ~ . ~ ~.S ~ OF CUMBERLAND COUNTY PENNA. STATE OF ISRAEL BONILLA, pppmmpp"m., I II II No. 2000-2986 CIVIL TERM Plaintiff Versus m..,}j1\RTHA H. BONI~:r,.A, Defendant >,,' a ~.' DECREE IN D I V 0 R C E ;t z,~o(pllA., AND NOW, . . . . . .~~~~.~~~~. . U? . . . . , W. .~~00, it is ordered and decreed that. , . .. . rS.r:~~~..~<?~.i.v~. ... . . . . .. . . . . . . . . . . .. . . . " plaintiff, and. .. .. . . !'1.a.JO~~~. .~:. .B.~I!-~P.B; .. . . . . .. . . . .. .. . . . . .. . . . . . . .., 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; None .......................................... ................................, ~.; ~ ~.~ ~ S i:~ ~ ~.s ~ ~.,; - 7,; i i I ~~~~~~~~~~~~~~~~~~.~.~ Prothonotary uuup , u.(J, J. ~ ~.' ;.; ~ ~ ::.::+::<:x+::-::: ::.::+::...: >::+::( X+::< >:+::':. .-,,::.::...- .:.:.::.,;: ::":+::'.: :':.:+::..' ~" ~'s * ~.S ~ ~ ~ ~.~ :>~ ~-:.~ ~ ~ '.,:" ~ ~.~ ~ ~.~ I ~ ~ ~ ~.~ ~ ~ ~'s , :; ~ ~'s * ~ :".S ~ .";; N ~ ;~~ ~ ~ ~, ';;'" til * ,''', >-l' ~ ~.~ N ~ '--',,' ~ ~ ~.~ ~ ~.~ ~ ~.~ ~ ~.~ ~ ~.~ ~ ~.~ ,.; ~ ~ '.' ~ ... ~~- - - < v"""", ~ "I: ....,.. ISRAEL BONILLA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2986 CIVIL TERM MARTHA H. BONILLA, Defendant IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, Martha H. Bonilla, hereinafter referred to as "Spouse", and Israel Bonilla, hereinafter referred to as "Participant", have entered into a comprehensive Separation and Property Settlement Agreement hereinafter referred to as the "Agreement", dated December 11 , 2000; and WHEREAS, as part of the Agreement Participant agrees that the Spouse receive a monthly payment in the amount of Seven Hundred ($700.00) Dollars from his United States Army Pension; and WHEREAS, the parties agree that this Qualified Domestic Relations Order is being made pursuant to the Domestic Relations Laws of the Commonwealth of Pennsylvania as they relate to the provisions being made by the Spouse relating to her marital property rights; and WHEREAS, it is intended that this Order will qualify as a Qualified Domestic Relations Order as defined in Section 414(p) (1) of the Internal Revenue Code of 1986 (hereinafter, the "Code") and the provisions hereof shall be administered and interpreted in conformity with the Code. , ,'" - - . . ,~ . - "---'~i""Mi""" . . Pursuant to Section 414(p) (2) of the Code, the following facts are hereby specified: 1. The Act to which this Order applies is the Uniformed Services Former Spouses' Protection Act of September 8, 1982. 2. The name of the service member is Israel Bonilla whose current mailing address is P.O. Box 1253, Carlisle, PA 17013, and whose Social Security number is 583-66-5190. 3. The name and address of the alternate payee (the Spouse) is Martha H. Bonilla whose current mailing address is 32 South Crescent Road, Greenbelt, MD 20770, and whose Social Security number is 463-08-0540. 4. Military Retired/Retainer Pay. The Spouse shall be awarded a monthly share of her Participant's United States Army Retired/Retainer Pay in the amount of Seven Hundred ($700.00) Dollars upon Participant's retirement from the United States Army. Disposable Military Retired/Retainer Pay as used herein will be defined in accordance with the Uniformed Services Former Spouses' Protection Act of September 8, 1982, together with any costs of living increases or similar increases that occur. The sharing of Disposable Military Retired/Retainer Pay shall commence upon Participant's receipt of his Retired/Retainer Pay and shall continue until the death of either party. Pending the implementation of this Order by the Defense Finance and -2- ,~----- ,-~ - , " "i11ll'q'~~ -- " '.!llllHIllfl:'_::~]Y . , Accounting Service, the Participant shall pay the Spouse's entitlement directly to her. Participant shall elect the Survivor's Benefit Plan annuity sufficient to allow Spouse to receive said Seven Hundred ($700.00) Dollar per month share of his retirement in the event of his death until the Social Security offset occurs. Under the terms of the Uniform Services Former Spouses' Protection Act, the United States Army, as the paying authority, is required to directly pay Spouse her monthly share of Participant's Monthly Disposable Retired/Retainer Pay because of the following. In the course of the parties' marriage, Participant formed at least ten (10) years of service creditable and determining his eligibility for Retired/Retainer Pay. The parties were married on November 6, 1981 and were separated on January 31, 1999. participant began service creditable and determined his eligipility for Retired/Retainer Fay with the United States Army on October 10, 1978 and is currently on continuous active duty. Neither Participant nor Spouse will do or cause to be done any act which will cause this provision to become null and void and each party agrees that this will be the final Order pertaining to the division of the Participant's Disposable Military Retired/Retainer Pay. Participant and Spouse agree that the Participant's Military Retired/Retainer Pay is and shall be accruing as a result of his -3- - ~"-...."..","",,:,!^ ,... "', I service in the United States Army and that the Military Retired/Retainer Pay is marital property subject to equitable distribution by the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania. Participant and Spouse further agree that the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania is competent to divide the parties' marital property incident to their divorce pursuant to Section 3301(c) of the Divorce Code. Participant and Spouse finally agree that the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania has jurisdiction over the Participant for the purpose of dividing his Disposable Military Retired/Retainer Pay because Participant specifically consents to the Court's jurisdiction to divide his Disposable Military Retired/Retainer Pay. Participant acknowledges and agrees that he has been afforded his rights under the Soldiers and Sailors Civil Relief Act of 1940 (50 U.S.S. Appendix 501-591) . The Court shall retain jurisdiction over Participant's Military Retired/Retainer Pay for as long as the parties both shall live. The Court shall also have the authority to make every just and equitable Order not inconsistent with the other provisions hereof. The Court shall also have the specific authority to make any Orders it deems just and equitable as a result of the income tax -4- .~ " .J~ .. ~-&~ . ..... . .~, " consequences, which flow from the division and distribution of the Military Retired/Retainer Pay. The Court shall have continuing jurisdiction to make every order reasonably necessary to implement and accomplish the direct payment to the Spouse by the United States Army of her share of Participant's Disposable Military Retired/Retainer Pay, including the right to advise the United States Army of the precise amount or percentage of Participant's Disposable Military Retired/Retainer Pay to be payable to the Spouse. Date: By the Court, ~lun The parties hereby acknowledge their receipt, review and approval of the within Qualified Domestic Relations Order and, further, request the Court of Common Pleas of Cumberland County, Pennsylvania, enter this Order upon receipt and review. WITNESS: ~,~ Q (:L.{l PM/jrlJu~ December 11, 2000 Date -5- f2 <L b b~f;1 'J_'-'" C)~--: 1 " "'-""1._,,_ tL;,t,:.. ~f~-:-~ ~.. .~, 0" v _.- - U') c:; LL. f"'-' ~, -_II ~~~ ., _::I (:: '--7 :::>4.: n",- ,-)~ \- "".~. ~",~}~ :~~I ((;_0_ ~S o ::c a... (",J W .-.' 2: r-) C) '-'1"<< '1lI\lll'iIIIJi! ,"" ~_. ^ '" ~=,~~~ L.' .-~, =~- "y_,_".1 -r'fii\!li FiUl}-{);: CF Tt,( :::~>-Ulif;RY l-J'U- nrr ") ~ UL'_, ',t) 'r"'" 2' I? ; ,1 . ""- CUMBtRL/,i,[; CCUNTY PENNSYLVANL4, L!,"" __= ,.~_I~~'_F,.~_~.l!l~'_LI!~lllitn~.~~_~-'V"im!':}~~iljl'~'!;if~'1Ij_ J JI~1!Il "'~"'" , mi.tli\!t. ISRAEL BONILLA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2986 CIVIL TERM MARTHA H. BONILLA, Defendant IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: by Acceptance of Service on May 19, 2000. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By the Plaintiff December 11, 2000; by the Defendant December 11, 2000. 4. Related claims pending: None. 5. Date of execution of Waiver of Notice of Intention to Request Entry of Divorce Decree: By the Plaintiff December 11, 2000; by the Defendant December 11, 2000. ADDAMS & RUNDLE ~IL~QU~ By: Michael R. Rundle Supreme Court I.D. No. 27768 28 South pitt Street Carlisle, PA 17013 (717) 249-8300 Attorneys for Plaintiff i'j1ill_illiIlIIII~~illilliili~~lli,~jJlIf,jli!~~<illI1lli~>rtl!WiI;ii~~;iI ~~ !II\lI!!!~, .,~,-_ ,.. ~~ =" .~ "~ = .,. ~ -. ." " '"'!"'~ -~~L llJ I o c '" 'Uft il1rn Z:.c Zr 0'")_"'1'" ~~~~. , ~~~; Z :< """''IiIlB!IliIil!!~ C) c:> '=' M n {'....:, ~ '---n i~:-: -'-~;';TI - .,:-, ,~ _J/_, ~ ,,-, +, --'~j ':";'\~'l ;~::i~,~ u -" ~':~ ~J -< ~ r.- ;::, (,.n :!.Z'~ .> , , - -~ "' ~ f, "111 . . ISRAEL BONILLA, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- .2.<Jjt CIVIL TERM MARTHA H. BONILLA, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case 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 counselling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOu~D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~~I ,__ W~.~ I , k=_._ ~~ ._-~~= "f" ... . ISRAEL BONILLA, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 29Ft, CIVIL TERM MARTHA H. BONILLA, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is Israel Bonilla, who currently resides at 1117 Redwood Drive, Carlisle, Cumberland County, Pennsylvania, since July 19, 1998. 2. The Defendant is Martha H. Bonilla, who currently resides at 705 4th Street, N.W., Apt. 103, Washington, D.C., since January, 1999.. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 6, 1981 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counselling and that the Plaintiff may have the right to request that the court require the parties to participate in counselling. ,,'-- - - .' - ~." ~ "- . " ~ ". 8. Plaintiff requests the court to enter a decree of divorce. 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 Pa. C.S. ~4904, relating to unsworn falsification to authorities. DATE: F~~~It.. ~~ / Israel Bonilla , 2000 ADDAMS & RUNDLE By: ~,~QOiL- Michael R. Rundle Attorneys for plaintiff 28 South pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 ~~~J .... ~~~ ...... 'c '" '1 Lv '\ c I, I:; ... -Jl.<&~~;WdmiWi&itlIi~b.~Jll!!&i;"i1.y~' -~1"w ~-"'i;j"~~ ,,' .._- ..- """ ~""""...<...J.d~~'IiIliiliIlIIIlI- IUlilil.1k ,,,. , , 0 0 0 c 0 '0' =?: Z ,-I -oeD ;"'1:> ::r.:'ll mfll --< n1F Z::JJ -nill ZC;' ~';-CJ (j) ";~ 1'0 ij<:.S -<....-. r:: c; -0 ~S:B );: c~ --,;7 -" ~- '/c') =0 N Om PC: :l;! 6 ::.n :Q -< .{:' ~ ~ ~ it IS ..... ~v~ V' . \ ~ de B t r ..... . , ." - - .i!ti.' '*"1""'''',; ISRAEL BONILLA, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2986 CIVIL TERM MARTHA H. BONILLA, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce filed in the above captioned action this ~ day of May, 2000. ~a/~~~ Mart a . Bonilla . .';""iIC [,~ J. -_.'ZW'~"'i1li.~~'*lJjtMm~~",~MiIi$$WWfl>!~~i"'\11i~~1h ,~ ;lI.:-~~;.n~ """"""'" ~~ ~ ..~ ^" ~.. - " , ." - ~~ ~r'lo..iOll ~'~__!III!III o c: S. -otb rnrfi Z.~"--I ~~: :::<,..( r;::O <,- ......~ ~-, 4t~ ~lJ ,,"C 7- ::? o C-1 Cl \" (-') ,..:i "1 ~~'1 ?J ..:-\ ,~ ,.j "-0 ::;.1; >:7~'~ ':;:;.?:?i u .--1 .~ -< - ~ :::) (}1 , Jlil: ~~e_"~ - - .~ .Ii!.~.M- ISRAEL BONILLA, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2986 CIVIL TERM MARTHA H. BONILLA, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 12, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing 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 have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. ~J6~ ~ Israel Bonilla Date: December 11 , 2000 .. I~,' if;;_i~lliti1WI!~t~<<~~~Ii'h\.u1~~~;~.~_WI _~."._" ~, 0, ,~,,~"'~~= "..<,,' ." ..~ <-- , ~~ "...... iAllW ~_6iI'..l!'r ~'-iIlIIIdIlIIIII 'ow 0 (::I 0 C 0 -(I ~:::' c:J -oU,! rn ~\ Fnr;-, (~ -;i" ~'1U -,~', :l~ -<:--'- l'~ ~~~~ :?cr) ,)n 4,.'0'; ~C) -0 ,- " ~C) :z:: ,;_5:I! '.0 ~(1 r:- p.:.;fTl )>c ::::j ~ Co> 5:i Ul '-< ""',,~-,-~ -~~" - , --,~ ISRAEL BONILLA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2986 CIVIL TERM MARTHA H. BONILLA, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. ;d~ Date: December 11 , 2000 --I" ~'-~~"'~~o€U~.li\'~f"'~~~'-' ~" " 'e',~ _, '"~ " ~, .-"7'" " .'- L^~ Lli1 Wi ."~.~.~ 'jl!!llil!lilli!!l~-l " '~'lIIlj'-j'- () c: ;;;;; ~}Cp fT1fT1 ;.s;::,:; k-.C:... ~:;~ r:::C ~ -;:,.. (~-) ;.s;o )>c: ~ ~ ~.. ^""'~ c:> o c:J '-<1 \:-> \'oJ , , C) -n ,,5 :~; ~.:;:.. ...:ll....~) ~-~~; ~; OlT1 ."-1 "po ~ r:- 0- -, '(J~ ,~ ~~o._. ] .,1 =~~"""'-~~-;;i""':. ISRAEL BONILLA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2986 CIVIL TERM MARTHA H. BONILLA, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 12, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing 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 have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. vr1~~ Martha H. Bonilla Date: /..O.Pf!J If , 2000 """,," , l~ ^-Il~I~m~bith:",,k;;iliI,*,*~~:1~~'-;_M~..-"'tl!lilIl\~" "~ M.~,_~ _ ..-' -~ .~ "" ~-U,~~~~<."itil>l~~~' , " (') c:: <:" -r.),ci:i nlfT ---;>--..,--, ..:~- -.<.. &i)~: ::S,6 , ' , --- '~-- 5C; 7C-' Pc 2': =< '-'VlIlIlIIi''''''''' (::) C.:::> CJ ,"'1 C""l r--V () '"'I) -',~~ CD 1"-'-.......1 ~~-~_~ C1 ~:~~; Om =-.;1 Xl -< "0 ~"". ::> Ul ~~-- - , .; r J~'-' ;- '~'f>');t"'!>ll!!i&:l.~~L . . . ISRAEL BONILLA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2986 CIVIL TERM MARTHA H. BONILLA, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. ~4904 relating to unsworn falsification to authorities. ~ Date: It 0.1 /1.-- I ( , 2000 .- ilIiIiiIiUllililllii """~~.:'~~~"'Si~~~",,~iii..l~iiliSll_- . "!!I!IL_" ,', "~,"'_'!'-__"' "" ,".~~ '^ =,~ "", 'n" "<,, " -~~ ~" ~. " .-r~1~' ~~~" " ~, "' 01... _ ' . ''''~ . o C -? <. ..ace rnrr, i~i: ~(; /_ J-~ ~.......) ':YC Z ::( . -'IiiIIiIIIlilIIi- o o o ,"r1 c-> iv o -li "1" --I:'" ...,,' -:.:;:'! ;--\';;2 .,,~_';Tl '.-~C) -5 (-l '-"\-=::' ",--..;.2 :~~'l~ ~~ . , ":.::J,. "i> ~ -< .- ., ';:J (11