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HomeMy WebLinkAbout97-00751 ~ I I I d I { ~ ~ \I) <;) € { -( \. I\~ , 1:-- , .. : ::> : .- :~ - \r) , '~/ ~ \!'- ~ . .:.:. -:.;. -:+;. .:+:. .:+;. .:.:. .:.;. -:.:- -:+;. .:+;. -:+;. -:+:. -:+;. <+:- .:.:- .:.:- -:.:. -:.:. .:.:- -:+:. :. .:+;. -:+;. -:.:- .;.;. :.;. -:.: '+: :.:. <+: :4 ~, ,.~. , - ,.-. ,- - . . ~ , , , ~ ~, ~: .~ ~J ',') , ' ~; , , ~\ "\ ,) ~I " ~, ','I ,) ~1 ~I' " ~l ~I ~f ~I' " ~I " ~ .. ~"~..~.~,~.,~.~..~.~.:~.~.~.-~.~:~.~.~-~.~:-~:.~.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~' STATE OF ;~;~! PENNA, \. ~~~"'..r CARLOS N. RAMOS, II, Plaintiff, ;\1), 97 - 751 II} \' 1 '],~\l-": CHRISTINE A. RAMOS, Defendant. , . ~} ..) ') ~~ , , DECREE IN DIVORCE , , ,~.)j!t- , I~ , 19Q1, " it is ordered and , , '"' ~i , I ~I ',' ~( ':'1 .. ~I ",( ~/ ~( ,,/ ~I ~ AND NOW, decreed that and" , CARLOS N'RAMOS" II CIJRISTI,NE A. RAMOS , plaintiff, 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 0 final order has not yet bp.en entered; None. All claims resolved by Post-Nuptial Agreement executed ohMiiy4; 1997. The Post-Nuptial Agreement is iric~rp~~~ted i'n tnisDecree,by reference and the parties areordercdto comply with i // Ii" T",' (',.ft'\, I";' , ~-,/Jt'/ ~/ 'Ii Allt"'it: t~~ tV,""" f <'I /~_l., U4 :;,._-;,I~,J .1. ,->1""(,.-11. 1.."11.,-: ,,~~.. ~!;, M:.'71" ~'!,.". I f../ I) -;/ v '''.:Ai(Ji" ~ ,-;..e/Ct" J<.....d,~ t/ - / V Prlltl\llliol.H) ~ :! ~ ~ ~ ~ ,,( ~~ ") ~1 ':'1 ~, ,;,. ~! f; ;I ',:.:. .~:- .:+;. :!. ~ ,~ )',' ;~ /'.' ~ f t o :~ ~ ~ l... . ~. '~ ~ , ' ,~ ~ I' ..~ ;;.' ~ ~ ~ ~: ~ ~ ~ :~ :!. ~ :~ ~ ~ ~ ~ :!: !i. :.. t, " .~ :~ $/,;) ''7') <it--/. (?cf A....'~ ~ ']~/d~.t...';I'./ '1'1.:> ,~,') 71'~<, ""(j~ ~'c-r~ . POST-NUPTIAL AGREEMENT THIS AGREEMENT, madc this 'I TlI'day of ;11 /I<r . 1997, by and between Carlos N. Ramos, 11, hcrcinafter callcd "Husband", and Christinc A. Ramos. hereinafter called "Wife", WIT N E SSE T H: WHEREAS, Husband and Wife were legally married on February 13, 1982; WHEREAS, Husband and Wife havc two children, Tristan N. Ramos, who was born on February 10, 1984, and Lindsay M, Ramos, who was born on Octobcr 3. 1985. WHEREAS, differences have arisen betwecn Husband and Wife in conscqucncc of which they desire to live scparate and apart from each other; and WHEREAS. Husband and Wife desire to settle and deternline their rights and obligations. NOW THEREFORE, in consideration of the promises and covcnants contained herein, it is agreed by and between the parties hereto that: I. Separation. It shall be lawful for each party at all times hereafter to live sepamtc and apart from cach other at such place as he or she from !ime to time shall choose or deem fit. Thc foregoing provision shall not bc taken as an admission on the part of either party of thc lawfulness or unlawlillncss of thc causcs leading to thcir living apart. 2, IlIIcrferences - Each party shall bc frcc from intcrfcrence, authority and control by the other, as fully as if he or she were single and unmarried, exccpt as may bc nccessary to carry out thc provisions of this Agreement. Ncither party shall molest or attempt - 1 - to endeavor to molest the othcr, or in any way harass or Il!align the other, nor in any other way intcrfere with the peaceful cxistence, separatc and apart froll! the other, 3. Custodv - Husband and Wife shall have sharcd Icgal custody of the parties' children. Wife shall have primary physical custody of the children. Husband shall have tcmporary physical custody at such times as the partics' mutually agrec. 4. Visitation - Husband will have visitation cvery other week from 6:00 p.m, Wcdnesday through 6:00 p.m. Sunday. During the other wecks Husband will have visitation from 6:00 p.m. Thursday to 8:00 a,ll!, Friday. Thc parties agree to altcrnate the holidays, If necessary, the parties agrce that thc visitation schedule can changc to accommodatc work schedules. 5. Division of Real Proncrtv - (a) Wife agrees to transfcr all her right, title and jntcrest in and to the real estate situated at 365 Criswell Drive, Boiling Springs, Cumber- land County, Pennsylvania, now titled in the namc of Husband and Wife and agrees to immediatcly cxccutc now or in thc future any and all decds, documents or papers neccssary to effect such transfer to title upon request. Wife further acknowlcdges that shc has no claim, right, interest, or title whatsoevcr in said property and furthcr agrces never to asscrt any claim to said property in thc future, Said tnll!sfer shall be effcctive upon the signing of this agreement and shall be binding rcgardless of thc marital status of the parties. Husband agrees to indemnify and hold Wife harmless on the cxisting mortgagc on thc real estatc, (b) Husband agrecs to pay Wifc S5,OOO,OO for her interest in the marital home, From this amount the following will be dcducted: - 2 - 5 278.33 5 420,26 5 110.11 5 173,91 5 74.67 5 850.00 Telephone bill Electric bill Curtis Mathes TV Clble Beneficial (\/2 for January) Fedcrallncomc Tax owed hy Wife for 19% Payment to Wife (Ck, #109) Total deductcd 5 100,00 5 2,007,28 The balance of 52,992,72 shall be distributed to Wife as follows: 52,000.00 at the signin!,\ of of this Agreemcnt and 5992,72 whcn a Decree in Divorce is issued, 6. Division of Pcrsonal propcrtv - Thc parties have agrced to divide all personal property owned by thcm in accordance with Appendix "A" attached hereto. 7, Marital Debts _ The parties reco!,\nize that hoth parties havc incurrcd dcbts during this marriage. Each party will be responsible for his/her own credit cards, Moreover. any other debt incurred during the marriage will be the responsibility of thc party whose name the dcbt is in, 8, Pension Benefits _ The partics recognize that they are both participants in pension plans, Thc parties agree that the full amount in each pension plan shall remain the sole propcrty of the rcspective party. 9, Child Support _ Husband agrecs to pay to Wife for the support of their two minor chi1drcn the sum of 5500,00 pcr month. The parties acknowledge that they believe that this amount of support is fair and reasonable hascd upon current circumstances, However. hoth panics reserve the right to h.I\'e the matter of child support reviewed in the future in the event of suhstantial changes in circumstances, 10, Sl10usal SUPl10rt _ Each party hcrehy agrees not to claim or demand any - 3 - support for himself or herself: alimony pendente lite. permanent :llimony. counsel fees or expenses from the other party. I \. Medical Insur:mce - lIushand agrees to provide medical insuranee to cover the two minor children, Medical insur:mee for Wife will discontinue at the time the Decree in Divorce is issued. 12. Federal/State Ineome Tax - The partks have agreed to Iile joint income tax returns for the year 1')%. The parties have further agreed that the Wife shall claim Tristan as a dependent and Hushand shall claim Lindsay as a dependent on all future income tax returns.. 13. Breach - If either party breaches any provision of this Agreement. the other party shall have the right. at his or her election. to sue for damages for such hreaeh. The party hreaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. or seeking such other remedy or relief as may be available to him or her. 14. Full Disclosure - Hllshand and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party of e\'ery Iype whatsoever and all other facts relating to the suhject mailer of this Agreement. 15. Additional Instrument - Each of the purties shall on demand execute und dcli\er 10 the other uny deeds. bills of sale. ussignment. consents to change of beneficiary on insurance policies. tux returns and othcr documents and do or caused to be done any other act or thing thut may he necessury or desirahle to the provisions und purposes of this Agreement. - 4 - If either party fails on demand to comply with this provision, that p:lrly shall pay to the other all allorneys' fees. costs and other expenses reusonahly incurred as a result of such failure, 16. Wife's Dehls - Wife represents und warrants to Husband tl1:lt since the parties' sepuration she has not and in the future she will not contract or incur :my deht or liahility for which Hushund or his estate might be responsible und shall indemnify and save Husband harnlless from any and all c1uims or demands mude uguinst him by re:lson of debts or obligations incurred by her. 17. Husbund's Debls - Husbund represents und warrants to Wife that since the parties' separation he has not amI in the future he will not contract or incur any debt or liubility for which Wife or her estate might be responsible and shall indemnify and save Wife harnlless from any and all c1uims or demunds made against her by reason of debts or obligations incurrcd by him. 18. Waivers of Claims AL!ainst Estates - Except as herein otherwise provided, each party may dispose of his or her property in any way, and caeh party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance. widow's allowance. right to take in intestacy, right to take against the Will of the other. and right to act us administrator or executor of the other's estate. and each will, to the request of the olher. execute. acknowledge und deliver any und all instruments which may be necessary or advisable to curry into effect this mutual waiver and relinquishment of all such interests. rights ullll c1uims. - 5 - 19. Rel1resenl:ltion. It is recognized hy the parties hereto that the Husband is represented hy 1m H. Weinsloek. Esquire. It is fully understood and agreed that each p:lrty has the right to have advise of independent eounsel prior to the signing of this Agreement. By the signing of this Agreement, the parties recognize that he/she fully understands the legal impaet of this Agreement and waives his/her right to have the Agreement reviewed by an allorney of his/her choosing, and further intends t~ he legally bound by the terms of this Agreement. 20. Effective AL!reement - This Agreement shall bind the parties, their heirs. executors, administrators and assigns. 21. Voluntarv Execution - The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 22. Entire AL!reement - This Agreement contains the entire understanding of the parties and there arc no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. Prior AL!reement - It is understood and agreed that any and all property selllement agreements which mayor have been executed prior to the date and time of this Agreement arc null and void and of no effect. 24. Modifieution and Waiver - Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same tllrnlality us this Agreement. The failure of either party to insist upon strict performance of - 6 - any of the provisions of this Agreement shall not be construed as a waiver of any suhsequent default of the s:une or simil:lr nature. 25, GoverninL! Law - This Agreement shall he governed hy and shall he construed in accordance with the laws of Ihe Commonwealth of Pennsylvania. 2(1, Indel1endent Separate Covenants - It is specifically underslood and agreed by and belween the parties hereto that each paragraph hercof shall bc dccmed to he a sepamle and indcpcndcnt covcnant and agrcemcnt. 27. Void Clauscs - If any ternl, condition, c1ausc or provision of this Agrce- mcnt shall be dctcrmined or declared to be void or invalid in law or otherwise, Ihen only that ternl. condition, clause or provision shall be stricken from this Agrecment and in all olher rcspcclS this Agrccmcnt shall be valid and continuc in full forcc. effect and operation. 28. Entrv as ParI of Decree - It is the intention of thc parties that this Agreement shall survive any action for divorce which may be instituted or proseeutcd by cither party and no order, judgmcnt or decree of divorce, temporary, fimll or permanent, shall affect or modify the financialtenns of this Agreement. This Agrcement shall bc incorporatcd, but not merged, in any final Decrce in Divorce. 29, Waivcr of Claims - With Ihe exceplion of thc specific terms of Ihis Agreement, the parties waive any claims they may have against thc other under the Divorce Code of the Commonwealth of Pennsylvania including, but not limited 10. alimony. alimony pendente lite, counsel fees. costs and expenses and equitable distribution. IN WITNESS WHEREOF. the parties hercto, intcnding to bc legally bound hereby. have hereunto set their hands and seals the day and year first above writtcn. - 7 - _J'~r~~~it\;:~, " :;~.~;~~, :/"~'t~~!~, - . ''::ii~@:~~;1~~~~~i " '. vs. No. 97 - 751 !)~:~~- ,:d. V':"I,;'--~", tijn rt~.;"~..' ~~~t,~_' ,.t:: " '~. rln~ I~'! 1"1"1, fX~,.' t~" ~ ~'.'''' ~i'" . ~,\f CARLOS N. RAMOS, II, PIlIintin: IN TIlE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA CIIRISTINE A. RAMOS, Defendant. Civil Action. Divorce "RAECI\'E TO TltANSMIT RECOIUl TO TilE I'IWTIIONOTARY: Transmit the record, togcther wilh the following infomlation, to the Court lilf entry of a divorce decrce: I. Ground for divorce: irrelrievable breakdown under Section 3301(c) of the Divorce Code. 2. Datc lInd manner of service of the Complaint: Defendant personally aeceptcd service on April 23, 1997. 3. Dute of execution of the Atlidavit of Consent required by Section 3301(c) of Ihe Divorcc Code: by Plaintiff on July 31. 1997: by Defendant on July 31, 1997. 4. Rclated claims pending: All claims settled pursuant to the Property Settlement Agreement executed on May 4, 1997 and filed with this Court. 5. Date Plaintiffs Waiver of Notice in Scction 3301(c) of the Divorce Codc was filed with the Prothonotary on August 1. 1997. 6. Date Defcndant's Waiver of Noticc in Section 330l(e) of Ihe Divorce Code was filed with the Prothonotary on August 1, 1997. Respectfully Submitted, IRA H. WEINSTOCK, P,C, 800 North Sccond Street Harrisburg, P A 17102 Phone: 717-238-1657 BY~l Cl fl. LWl' ~ YfCC( ^ IRA H. WEINSTOCK L' ~ -"'. . . .'., . ",.-.' " :"-.<',': . -.' , .' ',,;-.' -'", . . ~-; . ..; <',,-'i: -. -" 1!'J~1~t~tri'Mf - \';t.".,,-,,;'-...,'~__;;; :rS'~:~i~~~3::;' ... '-;i;"""";'~'14o"" ~' /?lll I,; 2/2, -, ".\.H :O~i\:::: \V '_ _',. r-l: rei, :,' ~:O)';~., Ill",'. ,,'0 l:)'g"H B~('E-< :;-(1" >'~ ~, ,,0:1, !t ;';, , ~crE~ I:j' :lZI'O -'<"""''';'''''' w' ~; -' ow' , '....' "'" .jJ. I:l -." .,.. , H' III H ',,", ~' '.. 1Il o ~". .- ".-' . .jJ,: .~ .'tl J:l: ' 'QI '.. .... III ,QI OQ '~ " ',,;1", , . CQ > .~ tl . '.'C!l ' ,...~ '. Q , ,ei ' '~ ~. .~ ., ': U. . ,. .~ . 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" " ',. ~.. -'~'-("\"7~-;..~V"-::""'~ : "," ,. ~~ ~ ~.c) .;:':~J~'.~'.'L< .'i\.....-..":.r"jt-::Jl , ; ,:,;ti:,~~~~,ij~ ,.-' I- f. ' t _ 1:-,-.-;,.- ',_ t~. :~; ~,~;! '" .- '"I ,,' I' ~,~ _ .- i,,'_,. I:. i.', f: ( f: , L". l-', f. I' , L ,. ~,".- . ,-". .. ., ...- . ~: ,~ -.. , -," --/j' ...:..,:, " ~.~ ,. . ~ \-:. ~~ -' ..'.~~:': " " . .\' :~:~;.' "., , '-':'- . .,~,n:'_.(' > " ,'t' .;,. tzl tJ I'l: o ~ Q ....... t,l. - I'of Cl QI'II .1'1I < ~~m! ~S.U.B . fofall.ltj ifi!~ ~BElQ I~'~ -:......, ",t ~", r. ,...g,,'I, .'~ z. , . :t ~.. , <, ' 0: ... ~ -' .. ". 1V ~ . ." . 'I:>~ ~. . ''t \. . ., . CARLOS N. RAMOS, 1\, IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNA, Plainti ff, No. 97 - 751 vs. CHRISTINE A. RAMOS, CIVIL ACTION - IN DIVORCE Defendant. ACCEPT ANCE OF SERVICE I, Christine A. Ramos, Defendant, hereby acknowledges rcceipt and accepts service of the Complaint filed in the above-caplionellmauer. (lh'I.LiU)\ dJ,\~cJ CHRISTINE A. RAMOS DATED: I r-J -; ,; 'I ~.:~ .... . __ "...~.__." "'t~ . _;~\" ,~.~ '" - :.:::::'*' . ~- .~~ . ~~.-..', _' ".',', tt:':)- ,_.~;.", \1-;'. ~lri:10~ ."j' -." .. "" , ',~',!',,:'l' .ff "" ":.'~'~(~f:t'~?i:(~;\ ~.,~ .,". ':t.q.-t -;' '.>: ,) ..;. ".> '. ,,<' n,., . .~>. .. ,:,:::y ..,. \'!' ,Or"" ,; I' "',_-^~.1-",~.:.t~:'~ ,'-" .,c., ._. , ''''. '1 .' f'. ";~ "",- ~, " " . tl; Ill' HI, m' Q,'. . .~. rt .~ <',f . 'Ii. ." ..,.-' III .' .... "~ tI, . . rt,. ""~. HI 'HI, ... ., ~,' . ' ',.-;" M H ",;." :;fA~'", ~H 0,' ;z: S!' l,l' Hu. tlI :.... .\:!l .)It. .0" 0 l,l . 0 ~.Vl ~ l2l"'glo3 ~ !i~ I2l ~O , ....0 ~ 'Ii!i '! I: "" ,,! . i '~ '. .......~. .~ ,1' .,'g,. ....' ''-'i;'~~''; ;:fJl' ;:'~:" ...gj:, ..~J/':" .~, .,.,. ". ..h , ~ ~r~;q~~~~, _'i./~ :J'nl~! i . J ..~ :'.;h . . J' i.. I ~. a I .' .:~' fJl 'l2f '- ,'.' ,. 1 o fJl' ~. I:' ~' o fJl ~. ,;':, _~ n";_ 1E7~ "0' 'Q